FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guantanamo Bay Detainee Transfer Suspension Act of 2014''. SEC. 2. TEMPORARY LIMITATION ON USE OF FUNDS TO TRANSFER OR RELEASE INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. (a) In General.--Except as provided in subsection (b), no funds may be obligated or expended to transfer or release any covered detainee at Guantanamo to the custody or control of such individual's country of origin, any other foreign country, or any other foreign entity until the earlier of-- (1) the date that is 90 days after the date of submittal to Congress of the report required by subsection (d); or (2) the date that is 180 days after the date of the enactment of this Act. (b) Exception.-- (1) In general.--Subsection (a) shall not apply to the obligation or expenditure of funds to transfer any covered detainee at Guantanamo to effectuate an order affecting the disposition of such individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction. (2) Notice to congress.--The Secretary of Defense shall promptly notify the appropriate committees of Congress of the issuance of any order described in paragraph (1). (3) Delay in discharge.--An order described in paragraph (1) may not be carried out until the date that is 5 days after the date on which the appropriate committees of Congress are notified of the order pursuant to paragraph (2). (c) Enforcement.-- (1) In general.--An officer or employee of the United States shall be liable in his or her individual capacity for a civil penalty of $10,000 for each covered detainee at Guantanamo transferred or released in violation of subsection (a) pursuant to an action or order of the officer or employee of the United States. (2) No representation by united states.--Notwithstanding section 50.15 or 50.16 of title 28, Code of Federal Regulations, or any other provision of law, the United States Government may not provide representation to, or retain or reimburse private counsel for the representation of, an officer or employee in an action under paragraph (1). (3) Qui tam action.-- (A) In general.--A person may bring a civil action for a violation of subsection (a) for the person and for the United States Government, seeking a civil penalty under paragraph (1). The action shall be brought in the name of the Government. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting. (B) Complaint.--A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to rule 4 of the Federal Rules of Civil Procedure. The Government may elect to intervene and proceed with the action within 30 days after it receives both the complaint and the material evidence and information. (C) Determination by government.--Before the expiration of the 30-day period under subparagraph (B), the Government shall-- (i) proceed with the action, in which case the action shall be conducted by the Government; or (ii) notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action. (D) Individual conducting action.--If the Government elects not to proceed with the action, and upon request and at the Government's expense, the Government shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts. (E) Award to qui tam plaintiff.--A person bringing an action under subparagraph (A) shall receive 50 percent of the amount of the civil penalty imposed on the officer or employee of the United States and the court shall award the person reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs, to be paid by the defendant. (F) Expedited appeal of dismissal.--It shall be the duty of the courts of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any appeal by a person bringing a civil action under subparagraph (A) of the dismissal of the civil action with the consent of the Attorney General. (d) Report.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Secretary of State and the Director of National Intelligence, submit to the appropriate committees of Congress a report setting forth the following: (A) A detailed description of the previous assessments by Joint Task Force Guantanamo regarding the risk that the 5 detainees transferred from United States Naval Station, Guantanamo Bay, Cuba, to Qatar on May 31, 2014, would reengage in terrorist activity after transfer. (B) A detailed description of any changes between the assessments described in subparagraph (A) and the assessments as of May 31, 2014, of the risk that the detainees described in that subparagraph would reengage in terrorist activity after transfer as described in that subparagraph, including the reasons for such changes. (C) A detailed description of the prior instances, if any, in which Qatar did not fully honor its commitments to monitor, detain, or control the travel of individuals formerly detained at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. (D) A detailed assessment of the likelihood that the 5 detainees described in subparagraph (A) will return to Afghanistan or reengage in terrorism. (E) A detailed assessment of whether the transfer of the 5 detainees as described in subparagraph (A) will increase the likelihood that the Taliban and terrorist groups around the world will try to capture United States individuals or personnel in order to obtain concessions from the United States. (2) Form.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (e) Definitions.--In this section: (1) The term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives. (2) The term ``covered detainee at Guantanamo'' means each individual who-- (A) is not a United States citizen or a member of the Armed Forces of the United States; and (B) is or was held on January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. (3) The term ``officer or employee of the United States''-- (A) includes-- (i) the President; (ii) the head and any officer or employee of any Executive agency or military department (as those terms are defined in chapter 1 of title 5, United States Code); and (iii) any other officer or employee of the United States; and (B) does not include-- (i) a member of the Armed Forces; or (ii) an officer or employee of an element of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)). SEC. 3. PROHIBITION ON TRANSFER OR RELEASE OF DETAINEES AT UNITED STATES NAVAL STATION GUANTANAMO BAY, CUBA, WITHOUT EXPRESS WRITTEN AUTHORIZATION OF THE PRESIDENT. (a) Prohibition.--No detainee described in subsection (b) may be transferred or released from United States Naval Station Guantanamo Bay, Cuba, to a foreign country without the express written authorization of the President. (b) Covered Detainees.--A detainee described in this subsection is Khalid Sheikh Mohammed or any other detainee who-- (1) is not a United States citizen or a member of the Armed Forces of the United States; (2) is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense; and (3) is held as of the date of the enactment of this Act at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to modify, limit, or supersede the requirements under section 1035 of the National Defense Authorization Act for Fiscal Year 2014 (10 U.S.C. 801 note) relating to the transfer or release of an individual detained at Guantanamo (as defined in subsection (e)(2) of such section).

Guantanamo Bay Detainee Transfer Suspension Act of 2014 - Prohibits the obligation or expenditure of funds to transfer or release any covered detainee at the U.S. Naval Station Guantanamo Bay, Cuba (Guantanamo) to the custody or control of such individual's country of origin, any other foreign country, or any other foreign entity until the earlier of 90 days after the submittal to Congress of a report required by this Act or 180 days after this Act's enactment, except pursuant to an order issued by a court or competent tribunal of the United States having lawful jurisdiction. Makes a U.S. officer or employee liable in his or her individual capacity for a civil penalty of $10,000 for each covered detainee transferred or released in violation of such prohibition. Prohibits the U.S. government from providing representation to, or retaining or reimbursing private counsel for the representation of, such officer or employee. Authorizes a person to bring a civil action for a violation of such prohibition in the name of the government, subject to specified requirements. Requires the Secretary to submit a report regarding the risk that the five detainees transferred from Guantanamo to Qatar on May 31, 2014, would reengage in terrorist activity after transfer. Prohibits the transfer or release of a covered detainee from Guantanamo to a foreign country without the President's express written authorization. Defines a "covered detainee" as Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or a member of the U.S. Armed Forces; (2) is or was held on January 20, 2009, at Guantanamo by the Department of Defense (DOD); and (3) is held as of the date of enactment of this Act at Guantanamo Bay, Cuba, by DOD.

Guantanamo Bay Detainee Transfer Suspension Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrogen Future Act of 2001''. SEC. 2. PURPOSES. Section 102(b) of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12401(b)) is amended by striking paragraphs (2) and (3) and inserting the following: ``(2) to direct the Secretary to develop a program of technology assessment, information transfer, and education in which Federal agencies, members of the transportation, energy, and other industries, and other entities may participate; ``(3) to develop methods of hydrogen production that minimize production of greenhouse gases, including developing-- ``(A) efficient production from non-renewable resources; and ``(B) cost-effective production from renewable resources such as biomass, wind, and solar energy; and ``(4) to foster the use of hydrogen as a major energy source, including developing the use of hydrogen in-- ``(A) isolated villages, islands, and communities in which other energy sources are not available or are very expensive; and ``(B) foreign economic development, to avoid environmental damage from increased fossil fuel use.''. SEC. 3. REPORT TO CONGRESS. Section 103 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12402) is amended-- (1) in subsection (a), by striking ``January 1, 1999,'' and inserting ``1 year after the date of enactment of the Hydrogen Future Act of 2001, and each year thereafter,''; (2) in subsection (b), by striking paragraphs (1) and (2) and inserting the following: ``(1) an analysis of hydrogen-related activities throughout the United States Government to identify productive areas for increased intragovernmental collaboration; ``(2) recommendations of the Hydrogen Technical Advisory Panel established by section 108 for any improvements in the program that are needed, including recommendations for additional legislation; and ``(3) to the extent practicable, an analysis of State and local hydrogen-related activities.''; and (3) by adding at the end the following: ``(c) Coordination Plan.--The report under subsection (a) shall be based on a comprehensive coordination plan for hydrogen energy prepared by the Secretary in consultation with other Federal agencies.''. SEC. 4. HYDROGEN RESEARCH AND DEVELOPMENT. Section 104 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12403) is amended-- (1) in subsection (b)(1), by striking ``marketplace;'' and inserting ``marketplace, including foreign markets, particularly where an energy infrastructure is not well developed;''; (2) in subsection (e), by striking ``this chapter'' and inserting ``this Act''; (3) by striking subsection (g) and inserting the following: ``(g) Costsharing.-- ``(1) Inability to fund entire cost.--The Secretary shall not consider a proposal submitted by a person from industry unless the proposal contains a certification that-- ``(A) reasonable efforts to obtain non-Federal funding in the amount necessary to pay 100 percent of the cost of the project have been made; and ``(B) non-Federal funding in that amount could not reasonably be obtained. ``(2) Non-federal share.-- ``(A) In general.--The Secretary shall require a commitment from non-Federal sources of at least 25 percent of the cost of the project. ``(B) Reduction or elimination.--The Secretary may reduce or eliminate the cost-sharing requirement under subparagraph (A) for the proposed research and development project, including for technical analyses, economic analyses, outreach activities, and educational programs, if the Secretary determines that reduction or elimination is necessary to achieve the objectives of this Act. (4) in subsection (i), by striking ``this chapter'' and inserting ``this Act''. SEC. 5. DEMONSTRATIONS. Section 105 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12404) is amended by striking subsection (c) and inserting the following: ``(c) Non-Federal Share.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary shall require a commitment from non-Federal sources of at least 50 percent of the costs directly relating to a demonstration project under this section. ``(2) Reduction.--The Secretary may reduce the non-Federal requirement under paragraph (1) if the Secretary determines that the reduction is appropriate considering the technological risks involved in the project and is necessary to meet the objectives of this Act.''. SEC. 6. TECHNOLOGY TRANSFER. Section 106 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12405) is amended-- (1) in subsection (a)-- (A) in the first sentence-- (i) by striking ``The Secretary shall conduct a program designed to accelerate wider application'' and inserting the following: ``(1) In general.--The Secretary shall conduct a program designed to-- ``(A) accelerate wider application''; and (ii) by striking ``private sector'' and inserting ``private sector; and ``(B) accelerate wider application of hydrogen technologies in foreign countries to increase the global market for the technologies and foster global economic development without harmful environmental effects.''; and (B) in the second sentence, by striking ``The Secretary'' and inserting the following: ``(2) Advice and assistance.--The Secretary''; and (2) in subsection (b)-- (A) in paragraph (2), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and indenting appropriately; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (C) by striking ``The Secretary, in'' and inserting the following: ``(1) In general.--The Secretary, in''; (D) by striking ``The information'' and inserting the following: ``(2) Activities.--The information''; and (E) in paragraph (1) (as designated by subparagraph (C))-- (i) in subparagraph (A) (as redesignated by subparagraph (B)), by striking ``an inventory'' and inserting ``an update of the inventory''; and (ii) in subparagraph (B) (as redesignated by subparagraph (B)), by striking ``develop'' and all that follows through ``to improve'' and inserting ``develop with the National Aeronautics and Space Administration, the Department of Energy, other Federal agencies as appropriate, and industry, an information exchange program to improve''. SEC. 7. TECHNICAL PANEL REVIEW. (a) In General.--Section 108 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12407) is amended-- (1) in subsection (b)-- (A) by striking ``(b) Membership.--The technical panel shall be appointed'' and inserting the following: ``(b) Membership.-- ``(1) In general.--The technical panel shall be comprised of not fewer than 9 nor more than 15 members appointed''; (B) by striking the second sentence and inserting the following: ``(2) Terms.-- ``(A) In general.--The term of a member of the technical panel shall be not more than 3 years. ``(B) Staggered terms.--The Secretary may appoint members of the technical panel in a manner that allows the terms of the members serving at any time to expire at spaced intervals so as to ensure continuity in the functioning of the technical panel. ``(C) Reappointment.--A member of the technical panel whose term expires may be reappointed.''; and (C) by striking ``The technical panel shall have a chairman,'' and inserting the following: ``(3) Chairperson.--The technical panel shall have a chairperson,''; and (2) in subsection (d)-- (A) in the matter preceding paragraph (1), by striking ``the following items''; (B) in paragraph (1), by striking ``and'' at the end; (C) in paragraph (2), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(3) the plan developed by the interagency task force under section 202(b) of the Hydrogen Future Act of 1996.''. (b) New Appointments.--Not later than 180 days after the date of enactment of this Act, the Secretary-- (1) shall review the membership composition of the Hydrogen Technical Advisory Panel; and (2) may appoint new members consistent with the amendments made by subsection (a). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Section 109 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12408) is amended-- (1) in paragraph (8), by striking ``and''; (2) in paragraph (9), by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(10) $60,000,000 for fiscal year 2002; ``(11) $65,000,000 for fiscal year 2003; ``(12) $70,000,000 for fiscal year 2004; ``(13) $75,000,000 for fiscal year 2005; and ``(14) $80,000,000 for fiscal year 2006.''. SEC. 9. FUEL CELLS. (a) Integration of Fuel Cells With Hydrogen Production Systems.-- Section 201 of the Hydrogen Future Act of 1996 (42 U.S.C. 12403 note; Public Law 104-271) is amended-- (1) in subsection (a)-- (A) by striking ``(a) Not later than 180 days after the date of enactment of this section, and subject'' and inserting ``(a) In General.--Subject''; and (B) by striking ``with--'' and all that follows and inserting ``into Federal, State, and local government facilities for stationary and transportation applications.''; (2) in subsection (b), by striking ``gas is'' and inserting ``basis''; (3) in subsection (c)(2), by striking ``systems described in subsections (a)(1) and (a)(2)'' and inserting ``projects proposed''; and (4) by striking subsection (d) and inserting the following: ``(d) Non-Federal Share.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary shall require a commitment from non-Federal sources of at least 50 percent of the costs directly relating to a demonstration project under this section. ``(2) Reduction.--The Secretary may reduce the non-Federal requirement under paragraph (1) if the Secretary determines that the reduction is appropriate considering the technological risks involved in the project and is necessary to meet the objectives of this Act.''. (b) Cooperative and Cost-Sharing Agreements; Integration of Technical Information.--Title II of the Hydrogen Future Act of 1996 (42 U.S.C. 12403 note; Public Law 104-271) is amended-- (1) by redesignating section 202 as section 205; and (2) by inserting after section 201 the following: ``SEC. 202. INTERAGENCY TASK FORCE. ``(a) Establishment.--Not later than 120 days after the date of enactment of this section, the Secretary shall establish an interagency task force led by a Deputy Assistant Secretary of the Department of Energy and comprised of representatives of-- ``(1) the Office of Science and Technology Policy; ``(2) the Department of Transportation; ``(3) the Department of Defense; ``(4) the Department of Commerce (including the National Institute for Standards and Technology); ``(5) the Environmental Protection Agency; ``(6) the National Aeronautics and Space Administration; and ``(7) other agencies as appropriate. ``(b) Duties.-- ``(1) In general.--The task force shall develop a plan for carrying out this title. ``(2) Focus of plan.--The plan shall focus on development and demonstration of integrated systems and components for-- ``(A) hydrogen production, storage, and use in Federal, State, and local government buildings and vehicles; ``(B) hydrogen-based infrastructure for buses and other fleet transportation systems that include zero- emission vehicles; and ``(C) hydrogen-based distributed power generation, including the generation of combined heat, power, and hydrogen. ``SEC. 203. COOPERATIVE AND COST-SHARING AGREEMENTS. ``The Secretary shall enter into cooperative and cost-sharing agreements with Federal, State, and local agencies for participation by the agencies in demonstrations at facilities administered by the agencies, with the aim of integrating high efficiency hydrogen systems using fuel cells into the facilities to provide immediate benefits and promote a smooth transition to hydrogen as an energy source. ``SEC. 204. INTEGRATION AND DISSEMINATION OF TECHNICAL INFORMATION. ``The Secretary shall-- ``(1) integrate all the technical information that becomes available as a result of development and demonstration projects under this title; ``(2) make the information available to all Federal and State agencies for dissemination to all interested persons; and ``(3) foster the exchange of generic, nonproprietary information and technology developed under this title among industry, academia, and Federal, State, and local governments, to help the United States economy attain the economic benefits of the information and technology.''. (c) Authorization of Appropriations.--Section 205 of the Hydrogen Future Act of 1996 (42 U.S.C. 12403 note; Public Law 104-271) (as redesignated by subsection (b)) is amended by striking ``section'' and all that follows and inserting the following: ``title-- ``(1) $20,000,000 for fiscal year 2002; ``(2) $25,000,000 for fiscal year 2003; ``(3) $30,000,000 for fiscal year 2004; ``(4) $35,000,000 for fiscal year 2005; and ``(5) $40,000,000 for fiscal year 2006.''.

Hydrogen Future Act of 2001 - Amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to include among its purposes the development of a hydrogen production methodology that minimizes greenhouse gas production, and the promotion of hydrogen as a major energy source.Instructs the Secretary of Energy to: (1) report annually to Congress on programs and activities authorized under the Act; (2) give particular attention to developing an understanding and resolution of critical technical issues preventing the introduction of hydrogen into foreign markets, particularly where an energy infrastructure is not well developed; (3) require a cost-share commitment from non-Federal sources of at least 25 percent (currently 50 percent) of the cost of a hydrogen research project (with Secretarial discretion to reduce or eliminate such cost-share commitment, including the cost-share commitment for critical technology demonstrations).Directs the Secretary to conduct a hydrogen technology transfer program designed to accelerate wider application in foreign countries to increase the global market for hydrogen technologies and to foster global economic development without harmful environmental effects.Modifies guidelines for the Hydrogen Technical Advisory Panel to require: (1) between nine and 15 members; and (2) staggered three-year terms.Amends the Hydrogen Future Act of 1996, with respect to the integration of fuel cells with hydrogen production systems, to: (1) revise the general requirement for proposed projects to specify that they shall prove the feasibility of integrating fuel cells into Federal, State, and local government facilities for stationary and transportation applications; and (2) direct the Secretary to establish an interagency task force to develop an implementation plan that focuses upon development and demonstration of integrated systems and components for specified hydrogen-based production and uses.

A bill to reauthorize and amend the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Currency Optimization, Innovation, and National Savings Act of 2017''. SEC. 2. SAVING TAXPAYERS MONEY BY SUSPENDING PRODUCTION OF THE PENNY. (a) Policy of the United States.--It is the policy of the United States that-- (1) sufficient one-cent coins have already been minted to meet demand; (2) taxpayers have been and would continue to lose money producing the one-cent coin; and (3) further production of the one-cent coin is not necessary for the next decade. (b) Temporary Suspension of Production of the One-Cent Coin.-- Except as provided in subsection (c) and notwithstanding any other provision of law, the Secretary of the Treasury shall cease production of any new one-cent coins for the 10-year period beginning on the date of enactment of this Act. (c) Exception.-- (1) In general.--The Secretary of the Treasury shall continue to produce one-cent coins as appropriate solely to meet the needs of numismatic collectors of that denomination. (2) Sale.--The one-cent coins produced under paragraph (1) shall be sold in accordance with other general provisions governing collectible coins (as opposed to circulating coins). (3) Net receipts.--The net receipts from the sale of one- cent coins produced under this exception shall equal the total cost of production, including variable costs and the appropriate share of fix costs of production, as determined by the Secretary of the Treasury. (d) GAO Study.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) study the effect of the suspension of production of the one-cent coin; and (2) submit to the Committee on the Budget and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on the Budget and the Committee on Financial Services of the House of Representatives a report-- (A) on whether production should remain suspended or should be reinstated; and (B) that considers-- (i) the net savings to taxpayers from suspension of production; (ii) whether public demand for one-cent coins was able to be continuously met during the period of suspension; (iii) whether public demand for one-cent coins would likely continue to be met in the future without new production; (iv) whether the one-cent denomination of coin should be permanently ended as was the case with the one-half cent coin; and (v) any other factors that are relevant. (e) No Effect on Legal Tender.--Notwithstanding any other provision of this section, one-cent coins are legal tender in the United States for all debts, public and private, public charges, taxes, and duties, regardless of the date of minting or issue. SEC. 3. SAVING TAXPAYERS MONEY BY CHANGING THE COMPOSITION OF THE NICKEL. (a) New Composition Required.--Section 5112 of title 31, United States Code, is amended by adding at the end the following: ``(w) Composition of Circulating Coins.-- ``(1) In general.--Notwithstanding any other provision of law, the Director of the United States Mint shall modify the composition of the five-cent coin in accordance with a study and analysis conducted by the United States Mint to a variant of cupronickel composition equal to 80 percent copper and 20 percent nickel. ``(2) Effect.--This subsection shall remain in effect as long as the Director of the United States Mint verifies that the modification described in paragraph (1) will-- ``(A) reduce costs to the taxpayer; ``(B) is found to be seamless through test by most coin-acceptors; and ``(C) will have no impact on the public or on stakeholders. ``(3) Increase in copper content.--The Director of the United States Mint may increase the percentage of copper and decrease the percentage of nickel in the five-cent coin if-- ``(A) the Director of the United States Mint submits to Congress a study on such a modification; ``(B) the Director of the United States Mint makes the findings described in paragraph (2); and ``(C) the 90-day period beginning on the date on which the study is submitted under subparagraph (A) has expired.''. SEC. 4. SAVING TAXPAYERS MONEY BY REPLACING $1 NOTES WITH $1 COINS. (a) In General.--It is the policy of the United States that $1 coins should replace $1 Federal Reserve notes as the only $1 monetary unit issued and circulated by the Board of Governors of the Federal Reserve System. (b) Final Date for Placing $1 Notes Into Circulation.--Beginning on the date that is 2 years after the date of enactment of this Act, the Board of Governors of the Federal Reserve System may not issue $1 Federal Reserve notes. (c) Transition Period.--Before the date described in subsection (b), the Board of Governors of the Federal Reserve System shall ensure adequate supplies of $1 coins to meet the demand of such coins on and after such date. (d) Removal and Destruction of $1 Federal Reserve Notes.--The Board of Governors of the Federal Reserve System shall ensure that all $1 Federal Reserve notes removed from circulation in accordance with the date described in subsection (b) have been destroyed. (e) Exception.--Notwithstanding subsections (b) and (c), the Board of Governors of the Federal Reserve System shall produce such Federal Reserve notes of $1 denomination as the Board of Governors determines from time to time are appropriate solely to meet the needs of numismatic collectors of that denomination. Such collectible versions of $1 Federal Reserve notes shall be sold in accordance with other general provisions governing collectible versions of notes. (f) No Effect on Legal Tender.--Notwithstanding any other provision of this section, $1 Federal Reserve notes are legal tender in the United States for all debts, public and private, public charges, taxes, and duties, regardless of the date of printing or issue.

Currency Optimization, Innovation, and National Savings Act of 2017 This bill suspends the production of one-cent coins, other than collectible coins, for a 10-year period. The Government Accountability Office shall study the effect of this temporary suspension and report on whether production should remain suspended. In addition, the bill provides for: (1) modifications to the composition of the five-cent coin; and (2) the replacement, in circulation, of $1 notes with $1 coins.

Currency Optimization, Innovation, and National Savings Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Supervisor Training Act of 2011''. SEC. 2. MANDATORY TRAINING PROGRAMS FOR SUPERVISORS. (a) In General.--Section 4121 of title 5, United States Code, is amended-- (1) by inserting before ``In consultation with'' the following: ``(a) In this section, the term `supervisor' means-- ``(1) a supervisor as defined under section 7103(a)(10); ``(2) a management official as defined under section 7103(a)(11); and ``(3) any other employee as the Director of the Office of Personnel Management may by regulation prescribe.''; (2) by striking ``In consultation with'' and inserting ``(b) Under operating competencies prescribed by, and in consultation with,''; and (3) by striking paragraph (2) (of the matter redesignated as subsection (b) as a result of the amendment under paragraph (2) of this subsection) and inserting the following: ``(2)(A) a program to provide training to supervisors on actions, options, and strategies a supervisor may use in-- ``(i) developing and discussing relevant goals and objectives together with the employee, communicating and discussing progress relative to performance goals and objectives and conducting performance appraisals; ``(ii) mentoring and motivating employees and improving employee performance and productivity; ``(iii) fostering a work environment characterized by fairness, respect, equal opportunity, and attention paid to the merit of the work of employees; ``(iv) effectively managing employees with unacceptable performance; ``(v) addressing reports of a hostile work environment, reprisal, or harassment of, or by, another supervisor or employee; ``(vi) meeting supervisor competencies established by the Office of Personnel Management or the employing agency of the supervisor; and ``(vii) otherwise carrying out the duties or responsibilities of a supervisor; ``(B) a program to provide training to supervisors on the prohibited personnel practices under section 2302 (particularly with respect to such practices described under subsection (b) (1) and (8) of that section), employee collective bargaining and union participation rights, and the procedures and processes used to enforce employee rights; and ``(C) a program under which experienced supervisors mentor new supervisors by-- ``(i) transferring knowledge and advice in areas such as communication, critical thinking, responsibility, flexibility, motivating employees, teamwork, leadership, and professional development; and ``(ii) pointing out strengths and areas for development. ``(c) Training in programs established under subsection (b)(2) (A) and (B) shall be-- ``(1) interactive training which may include computer-based training; and ``(2) to the extent practicable as determined by the head of the agency, training that is instructor-based. ``(d)(1)(A) Not later than 1 year after the date on which an individual is appointed to the position of supervisor, that individual shall be required to have completed each program established under subsection (b)(2). ``(B) The Director of the Office of Personnel Management may establish and administer procedures under which the head of an agency may extend the 1-year period described under subparagraph (A) with respect to an individual. ``(2) After completion of a program under subsection (b)(2) (A) and (B), each supervisor shall be required to complete a program under subsection (b)(2) (A) and (B) at least once every 3 years. ``(3) Each program established under subsection (b)(2) shall include provisions under which credit shall be given for periods of similar training previously completed. ``(4) Each agency shall measure the effectiveness of training programs established under subsection (b)(2). ``(e) Notwithstanding section 4118(c), the Director of the Office of Personnel Management shall prescribe regulations to carry out this section, including the monitoring of agency compliance with this section. Regulations prescribed under this subsection shall include measures by which to assess the effectiveness of agency supervisor training programs.''. (b) Report on Extensions for Training Requirements.-- (1) Appropriate congressional committees.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Government Reform of the House of Representatives. (2) Report.--Not later than 2 years after the date of enactment of this Act and annually thereafter, the Director of the Office of Personnel Management shall submit a report with respect to the preceding fiscal year to the appropriate congressional committees on-- (A) the number of extensions granted under section 4121(d)(1)(B) of title 5, United States Code, as added by subsection (a) of this section; and (B) the number of individuals completing the requirements of section 4121(d)(1)(A) of title 5, United States Code, as added by subsection (a) of this section. (c) Regulations.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall prescribe regulations under section 4121(e) of title 5, United States Code, as added by subsection (a) of this section. (d) Effective Date and Application.-- (1) In general.--The amendments made by this section shall take effect 1 year after the date of enactment of this Act and apply to-- (A) each individual appointed to the position of a supervisor, as defined under section 4121(a) of title 5, United States Code (as added by subsection (a) of this section), on or after that effective date; and (B) each individual who is employed in the position of a supervisor on that effective date as provided under paragraph (2). (2) Supervisors on effective date.--Each individual who is employed in the position of a supervisor on the effective date of this section and is not subject to an extension under section 4121(d)(1)(B) of title 5, United States Code (as added by subsection (a) of this section) shall be required to-- (A) complete each program established under section 4121(b)(2) of title 5, United States Code (as added by subsection (a) of this section), not later than 3 years after the effective date of this section; and (B) complete programs every 3 years thereafter in accordance with section 4121(d) (2) and (3) of that title (as added by subsection (a) of this section). SEC. 3. MANAGEMENT COMPETENCIES. (a) In General.--Chapter 43 of title 5, United States Code, is amended-- (1) by redesignating section 4305 as section 4306; and (2) inserting after section 4304 the following: ``Sec. 4305. Management competencies ``(a) In this section, the term `supervisor' means-- ``(1) a supervisor as defined under section 7103(a)(10); ``(2) a management official as defined under section 7103(a)(11); and ``(3) any other employee as the Director of the Office of Personnel Management may by regulation prescribe. ``(b) The Director of the Office of Personnel Management shall issue guidance to agencies on competencies supervisors are expected to meet in order to effectively manage, and be accountable for managing, the performance of employees. ``(c) Based on guidance issued under subsection (b) and on any additional competencies developed by an agency, each agency shall assess the performance of the supervisors and the overall capacity of the supervisors in that agency. ``(d) Every year, or on any basis requested by the Director of the Office of Personnel Management, each agency shall submit a report to the Office of Personnel Management on the progress of the agency in implementing this section, including measures used to assess program effectiveness.''. (b) Technical and Conforming Amendments.-- (1) Table of sections.--The table of sections for chapter 43 of title 5, United States Code, is amended by striking the item relating to section 4305 and inserting the following: ``4305. Management competencies. ``4306. Regulations.''. (2) Reference.--Section 4304(b)(3) of title 5, United States Code, is amended by striking ``section 4305'' and inserting ``section 4306''.

Federal Supervisor Training Act of 2011 - Expands requirements relating to specific training programs for federal agency supervisors by requiring the head of each federal agency to establish: (1) a program to train supervisors in carrying out their duties, including mentoring and motivating employees, fostering a employee-friendly work environment, and effectively managing employees with unacceptable performance ratings; (2) a program to train supervisors on prohibited personnel practices. employee collective bargaining and union participation rights, and the procedures and processes used to enforce employee rights; and (3) a program under which experienced supervisors mentor new supervisors. Requires: (1) the Director of the Office of Personnel Management (OPM) to issue guidance to federal agencies on competencies supervisors are expected to meet in order to effectively manage, and be accountable for managing, the performance of employees; and (2) each agency to assess the performance of its supervisors and the overall capacity of its supervisors, based on such guidance.

A bill to provide for mandatory training for Federal Government supervisors and the assessment of management competencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Angel Tax Credit Act''. SEC. 2. ANGEL INVESTMENT TAX CREDIT. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30E. ANGEL INVESTMENT TAX CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the qualified equity investments made by a qualified investor during the taxable year. ``(b) Limitation.--The amount of the credit allowed under subsection (a) for any taxpayer for any taxable year shall not exceed $250,000. ``(c) Qualified Equity Investment.--For purposes of this section-- ``(1) In general.--The term `qualified equity investment' means any equity investment in a qualifying business entity if-- ``(A) the aggregate amount of such investments made by the taxpayer during the taxable year is $25,000 or more, ``(B) such investment is acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash, and ``(C) such investment is designated for purposes of this section by the qualifying business entity. ``(2) Equity investment.--The term `equity investment' means-- ``(A) any form of equity, including a general or limited partnership interest, common stock, preferred stock (other than nonqualified preferred stock as defined in section 351(g)(2)), with or without voting rights, without regard to seniority position and whether or not convertible into common stock or any form of subordinate or convertible debt, or both, with warrants or other means of equity conversion, and ``(B) any capital interest in an entity which is a partnership. ``(3) Redemptions.--A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this subsection. ``(d) Qualifying Business Entity.--For purposes of this section-- ``(1) In general.--The term `qualifying business entity' means any domestic corporation or partnership if such corporation or partnership-- ``(A) has its headquarters in the United States, ``(B) has gross revenues for the taxable year preceding the date of the qualified equity investment of less than $1,000,000, ``(C) employs less than 25 full-time equivalent employees as of the date of such investment, ``(D) has been in existence for less than 7 years as of the date of the qualified equity investment, ``(E) has more than 50 percent of the employees performing substantially all of their services in the United States as of the date of such investment, ``(F) is engaged in a high technology trade or business related to-- ``(i) advanced materials, nanotechnology, or precision manufacturing, ``(ii) aerospace, aeronautics, or defense, ``(iii) biotechnology or pharmaceuticals, ``(iv) electronics, semiconductors, software, or computer technology, ``(v) energy, environment, or clean technologies, ``(vi) forest products or agriculture, ``(vii) information technology, communication technology, digital media, or photonics, ``(viii) life sciences or medical sciences, ``(ix) marine technology or aquaculture, ``(x) transportation, or ``(xi) any other high technology trade or business, as determined by the Secretary of the Treasury, and ``(G) has equity investments designated for purposes of this paragraph. ``(2) Designation of equity investments.--For purposes of paragraph (1)(G), an equity investment shall not be treated as designated if such designation would result in the aggregate amount which may be taken into account under this section with respect to equity investments in such corporation or partnership exceeds $2,000,000, taking into account the total amount of all qualified equity investments made by all taxpayers for the taxable year and all preceding taxable years. ``(e) Qualified Investor.--For purposes of this section-- ``(1) In general.--The term `qualified investor' means an accredited investor, as defined by the Securities and Exchange Commission. ``(2) Exclusion.--The term `qualified investor' does not include-- ``(A) a person controlling at least 50 percent of the qualifying business entity, ``(B) any venture capital fund (within the meaning of section 203(l) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3(l))), or ``(C) any bank, savings association, loan association, trust company, insurance company, or similar entity whose business activities include making similar investments to investments of a venture capital fund (as so defined). ``(f) National Limitation on Amount of Investments Designated.-- ``(1) In general.--There is an angel investment tax credit limitation of $500,000,000 for each of calendar years 2013 through 2017. ``(2) Allocation of limitation.--The limitation under paragraph (1) shall be allocated by the Secretary among qualified small business entities selected by the Secretary. ``(3) Carryover of unused limitation.--If the angel investment tax credit limitation for any calendar year exceeds the aggregate amount allocated under paragraph (2) for such year, such limitation for the succeeding calendar year shall be increased by the amount of such excess. No amount may be carried under the preceding sentence to any calendar year after 2022. ``(g) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--Except as provided in paragraph (2), the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.-- ``(A) In general.--In the case of an individual who elects the application of this paragraph, for purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(B) Carryforward of unused credit.--If the credit allowable under subsection (a) by reason of subparagraph (A) exceeds the limitation imposed by section 26(a) for such taxable year, reduced by the sum of the credits allowable under subpart A (other than this section) for such taxable year, such excess shall be carried to each of the succeeding 20 taxable years to the extent that such unused credit may not be taken into account under subsection (a) by reason of subparagraph (A) for a prior taxable year because of such limitation. ``(h) Special Rules.-- ``(1) Related parties.--For purposes of this section-- ``(A) In general.--All related persons shall be treated as 1 person. ``(B) Related persons.--A person shall be treated as related to another person if-- ``(i) the relationship between such persons would result in the disallowance of losses under section 267 or 707(b), or ``(ii) for purposes of subsection (e), the person is an individual who is the spouse of a lineal descendant of an individual described in subsection (e)(2)(A). ``(2) Basis.--For purposes of this subtitle, the basis of any investment with respect to which a credit is allowable under this section shall be reduced by the amount of such credit so allowed. This subsection shall not apply for purposes of sections 1202, 1397B, and 1400B. ``(3) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any qualified equity investment which is held by the taxpayer less than 3 years, except that no benefit shall be recaptured in the case of-- ``(A) transfer of such investment by reason of the death of the taxpayer, ``(B) transfer between spouses, ``(C) transfer incident to the divorce (as defined in section 1041) of such taxpayer, or ``(D) a transaction to which section 381(a) applies (relating to certain acquisitions of the assets of one corporation by another corporation). ``(i) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations-- ``(1) which prevent the abuse of the purposes of this section, ``(2) which impose appropriate reporting requirements, and ``(3) which apply the provisions of this section to newly formed entities.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (35), by striking ``plus''; (2) in paragraph (36), by striking the period at the end and inserting ``, plus''; and (3) by adding at the end the following new paragraph: ``(37) the portion of the angel investment tax credit to which section 30E(g)(1) applies.''. (c) Conforming Amendments.-- (1) Section 1016(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by inserting after paragraph (37) the following new paragraph: ``(38) to the extent provided in section 30E(h)(2).''. (2) The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 30E. Angel investment tax credit.''. (d) Effective Date.--The amendments made by this section shall apply to investments made after December 31, 2013, in taxable years ending after such date.

Angel Tax Credit Act - Amends the Internal Revenue Code to allow a new business-related tax credit for 25% of equity investments of $25,000 or more in a domestic corporation or partnership that: (1) has its headquarters in the United States, (2) has gross revenues for the taxable year of less than $1 million, (3) employs fewer than 25 full-time employees, (4) has been in existence for less than 7 years as of the date of the investment, (5) has more than 50% of its employees performing substantially all of their services in the United States, and (6) is engaged in a high technology trade or business. Limits the allowable amount of such credit to $250,000 in any taxable year and imposes an overall limitation on such credit of $500 million for each of calendar years 2013 through 2017.

Angel Tax Credit Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ready Schools Act of 2011''. SEC. 2. READY SCHOOLS. Section 1112(b)(1)(E) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6312(b)(1)(E)) is amended to read as follows: ``(E) a description of how the local educational agency will assist each elementary school that is served by the local educational agency and that receives assistance under this part, in conducting, not less often than once every 3 years (depending on the needs of the school), a ready school needs review that-- ``(i) will be used by the school in developing and implementing policies and procedures that create a school environment and classroom practices that-- ``(I) support each child in meeting State and grade level expectations and challenges, including the academic content standards and academic achievement standards under section 1111(b); and ``(II) support successful transitions for children; and ``(ii) includes, at a minimum, the needs of the school regarding-- ``(I) the use of developmentally appropriate (including culturally and linguistically appropriate) curricula, classroom materials, teaching practices, instructional assessments, and accommodations; ``(II) appropriate services and supports for children with disabilities and children who are limited English proficient; ``(III) family and community engagement policies and practices; ``(IV) building and maintaining a school climate that supports positive development and learning; ``(V) leadership and support for school staff, including-- ``(aa) professional development for elementary school principals, other school leaders, teachers, and specialized instructional support personnel in the development and learning of young children and developmentally appropriate practice; ``(bb) the assignment of teachers based on degrees and certification or licensure for teaching children in prekindergarten through grade 3 and appropriate student-to- teacher ratios for such children; and ``(cc) teacher and student interactions in the classroom that improve instruction and learning; and ``(VI) outreach and collaboration with-- ``(aa) early childhood care and education providers in the school attendance area, including ongoing channels of communication on-- ``(AA) issues relating to continuity of high-quality, developmentally appropriate, and well- aligned standards, curricula, classroom practices, and instructional assessment and supports; ``(BB) transitions between program settings; and ``(CC) other services to support learning and development; and ``(bb) other providers of services that support learning and development, such as nutrition, health, and mental health services;''.

Ready Schools Act of 2011 - Amends part A of title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965 to require local educational agencies to describe how they will assist each of their elementary schools that receive school improvement funds in conducting a ready school needs review at least once every three years. Requires schools to use that review in developing and implementing policies and procedures that create a school environment and classroom practices that: (1) help each child reach state and grade level expectations, including state academic content and achievement standards; and (2) support successful transitions for children. Requires the review to assess a school's needs for: (1) developmentally appropriate curricula, classroom materials, teaching practices, instructional assessments, and accommodations; (2) services and supports for disabled and limited English proficient children; (3) family and community engagement policies and practices; (4) building and maintaining a school climate that supports positive development and learning; (5) school staff leadership and support; and (6) outreach to, and collaboration with, early childhood education and service providers.

A bill to amend the Elementary and Secondary Education Act of 1965 regarding ready school needs reviews.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Welfare Provider Inclusion Act of 2017''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Child welfare service providers, both individuals and organizations, have the inherent, fundamental, and inalienable right to free exercise of religion protected by the United States Constitution. (2) The right to free exercise of religion for child welfare service providers includes the freedom to refrain from conduct that conflicts with their sincerely held religious beliefs. (3) Most States provide government-funded child welfare services through various charitable, religious, and private organizations. (4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. (5) Religious organizations have long been and should continue contracting with and receiving grants from governmental entities to provide child welfare services. (6) Religious organizations cannot provide certain child welfare services, such as foster-care or adoption placements, without receiving a government contract, grant or license. (7) Religious organizations display particular excellence when providing child welfare services. (8) Children and families benefit greatly from the child welfare services provided by religious organizations. (9) Governmental entities and officials administering federally funded child welfare services in some States, including Massachusetts, California, Illinois, and the District of Columbia, have refused to contract with religious organizations that are unable, due to sincerely held religious beliefs or moral convictions, to provide a child welfare service that conflicts, or under circumstances that conflict, with those beliefs or convictions; and that refusal has forced many religious organizations to end their long and distinguished history of excellence in the provision of child welfare services. (10) Ensuring that religious organizations can continue to provide child welfare services will benefit the children and families that receive those federally funded services. (11) States also provide government-funded child welfare services through individual child welfare service providers with varying religious and moral convictions. (12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. (13) Because governmental entities provide child welfare services through many charitable, religious, and private organizations, each with varying religious beliefs or moral convictions, and through diverse individuals with varying religious beliefs or moral convictions, the religiously impelled inability of some religious organizations or individuals to provide certain services will not have a material effect on a person's ability to access federally funded child welfare services. (14) The activities of funding and administering these child welfare services substantially affect interstate commerce. (15) Taking adverse actions against child welfare service providers that are unable, due to their sincerely held religious beliefs or moral convictions, to provide certain services (or provide services under certain circumstances) substantially affects interstate commerce. (16) The provisions of this Act are remedial measures that are congruent and proportional to protecting the constitutional rights of child welfare service providers guaranteed under the Fourteenth Amendment to the United States Constitution. (17) Congress has the authority to pass this Act pursuant to its spending clause power, commerce clause power, and enforcement power under section 5 of the Fourteenth Amendment to the United States Constitution. (b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. (2) To protect child welfare service providers' exercise of religion and to ensure that governmental entities will not be able to force those providers, either directly or indirectly, to discontinue all or some of their child welfare services because they decline to provide a child welfare service that conflicts, or under circumstances that conflict, with their sincerely held religious beliefs or moral convictions. (3) To provide relief to child welfare service providers whose rights have been violated. SEC. 3. DISCRIMINATION AND ADVERSE ACTIONS PROHIBITED. (a) In General.--The Federal Government, and any State that receives Federal funding for any program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 671 et seq.) (and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. (b) Limitation.--Subsection (a) does not apply to conduct forbidden by paragraph (18) of section 471(a) of such Act (42 U.S.C. 671(a)(18)). SEC. 4. FUNDS WITHHELD FOR VIOLATION. The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 671 et seq.) if the State violates section 3 when administering or disbursing funds under such program. SEC. 5. PRIVATE RIGHT OF ACTION. (a) In General.--A child welfare service provider aggrieved by a violation of section 3 may assert that violation as a claim or defense in a judicial proceeding and obtain all appropriate relief, including declaratory relief, injunctive relief, and compensatory damages, with respect to that violation. (b) Attorneys' Fees and Costs.--A child welfare service provider that prevails in an action by establishing a violation of section 3 is entitled to recover reasonable attorneys' fees and costs. (c) Waiver of Sovereign Immunity.--By accepting or expending Federal funds in connection with a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 671 et seq.), a State waives its sovereign immunity for any claim or defense that is raised under this section. SEC. 6. SEVERABILITY. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. SEC. 7. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and the withholding of funds authorized by section 4 shall apply to payments under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 671 et seq.) for calendar quarters beginning on or after such date. (b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the first regular session of the legislative body that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. SEC. 8. DEFINITIONS. In this Act: (1) Child welfare service provider.--The term ``child welfare service provider'' includes organizations, corporations, groups, entities, or individuals that provide or seek to provide, or that apply for or receive a contract, subcontract, grant, or subgrant for the provision of, child welfare services. A provider need not be engaged exclusively in child welfare services to be considered a child welfare service provider for purposes of this Act. (2) Child welfare services.--The term ``child welfare services'' means social services provided to or on behalf of children, including assisting abused, neglected, or troubled children, counseling children or parents, promoting foster parenting, providing foster homes or temporary group shelters for children, recruiting foster parents, placing children in foster homes, licensing foster homes, promoting adoption, recruiting adoptive parents, assisting adoptions, supporting adoptive families, assisting kinship guardianships, assisting kinship caregivers, providing family preservation services, providing family support services, and providing time-limited family reunification services. (3) State.--The term ``State'' includes each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. (4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (5) Adverse action.--The term ``adverse action'' includes, but is not limited to, denying a child welfare service provider's application for funding, refusing to renew the provider's funding, canceling the provider's funding, declining to enter into a contract with the provider, refusing to renew a contract with the provider, canceling a contract with the provider, declining to issue a license to the provider, refusing to renew the provider's license, canceling the provider's license, terminating the provider's employment, or any other adverse action that materially alters the terms or conditions of the provider's employment, funding, contract, or license.

Child Welfare Provider Inclusion Act of 2017 This bill prohibits the federal government, and any state or local government that receives federal funding for any program that provides child welfare services under part B (Child and Family Services) or part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act (SSAct), from discriminating or taking an adverse action against a child welfare service provider that declines to provide, facilitate, or refer for a child welfare service that conflicts with the provider's sincerely held religious beliefs or moral convictions. The prohibition also applies to Indian tribal organizations or consortia that have an approved foster care and adoption assistance plan or that have an agreement with a state for the administration of funds under part B or part E of the SSAct. The bill bars such prohibition from applying to SSAct requirements that forbid state entities from denying or delaying adoption or foster care placements on the basis of an adoptive parent's or a child's race, color, or national origin. The Department of Health and Human Services must withhold 15% of the federal funds that such a state, local, or tribal entity receives for such programs if the state, local, or tribal entity violates this bill. An aggrieved child welfare service provider may assert such an adverse action violation as a claim or defense in a judicial proceeding and to obtain all appropriate relief (including declaratory relief, injunctive relief, compensatory damages, and reasonable attorney's fees and costs).

Child Welfare Provider Inclusion Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Five-Star Generals Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States Army Command and General Staff College at Fort Leavenworth, Kansas (in this Act referred to as the ``CGSC'') has, in its many evolutionary forms, served this Nation consistently and well for 127 years, since its founding in 1881; (2) the CGSC has played a decisive role in the education and training of officers, particularly in their field grade years of service, in times of war and peace, since its establishment; (3) the CGSC has had a salutatory effect on many fields of battle by providing its officer student bodies the necessary skills of battle management, leadership development, and the most modern and effective command and staff action procedures, all of which have been key to this Nation's success in its many conflicts which, thereby, have preserved its freedoms and way of life; (4) the CGSC does not have a commemorative coin cast in celebrating its long and honorable history, displaying its heritage, and serving as a reminder to the holder of such coins of the service to the Nation its graduates have provided in war and peace; (5) the CGSC is the Nation's largest and oldest military staff college, and continues to educate officers of all branches of the United States Armed Forces, select members of civilian government, and officers from many friendly and allied nations from around the globe; (6) located squarely in the American heartland, the CGSC will continue to serve as a beacon of light to the proposition of intellectual curiosity and professional military excellence in the development of its students, and serve as a link to American citizenry grateful for the sacrifices, some in the fullest measure of duty and devotion to the Nation, made by its graduates; (7) the United States Army Command and General Staff College Foundation, Inc. (in this Act referred to as the ``Foundation'') is dedicated to promoting excellence in the faculty and students of the CGSC, and to seek new ways to educate and remind citizens of the capable and selfless service of United States military officers, and to imbue in them a sense of pride in those who bear the burden of military leadership in the Nation's wars and in times of peace; (8) the Foundation is a nongovernmental, member-based, and publicly supported nonprofit organization that is entirely dependent on funds from members, donations, and grants for its functions and supports exclusively the CGSC; (9) the Foundation uses funding to provide the Margin of Excellence to the programs and activities of the CGSC in support of the educational needs of the general officer corps of the Armed Forces, and the faculty and staff attendant thereto; (10) in 2006, the Secretary of the Army accepted the first Foundation gift in support of the CGSC; (11) the Foundation is actively engaged in the initial stages of its first capital campaign to support the CGSC; (12) the 5 Five-Star Generals who attended or taught at the CGSC at Fort Leavenworth are Douglas MacArthur, George C. Marshall, Henry ``Hap'' Arnold, Dwight D. Eisenhower, and Omar N. Bradley; (13) Douglas MacArthur, General of the Army-- (A) was a distinguished soldier, scholar, and strategist who gave 61 years of service to his country; (B) commanded the 42d Division in World War I, and later served as the Chief of the Army General Staff; (C) prior to retirement, was the Military Advisor to the Commonwealth of the Philippines; (D) in 1941, was recalled to active duty as Commanding General, United States Army, Far East; (E) was awarded the Medal of Honor for his heroic defense of the Philippines; (F) after being ordered to depart the Philippines by the President, inspired the world with his statement, ``I shall return''; (G) led forces under his command to defeat those of the Empire of Japan; (H) after accepting the Japanese surrender, directed the highly successful reconstruction of the Japanese nation, and served as the first commander of United Nations Forces during the Korean War; and (I) son of General Arthur MacArthur, spent time as a child at Fort Leavenworth and taught as a Captain in the Field Engineering School, and served as the adjutant, quartermaster, and commanding officer of the 3d Engineer Battalion (later reflagged as the 2d Engineer Battalion); (14) George C. Marshall, General of the Army-- (A) entered the Army from the Virginia Military Institute in 1902; (B) during a long career of public service, distinguished himself as a leader, tactician, strategist, statesman and, truly, as the ``Organizer of Victory''; (C) in World War I, was regarded as 1 of the most talented staff officers in the United States Army; (D) after World War I, and after many long and challenging duties during the interwar years, was appointed United States Army Chief of the General Staff in 1939; (E) during World War II, achieved recognition as one of America's greatest military leaders; (F) as chief strategist of World War II, materially assisted in directing the Allied Powers to victory; (G) in 1947, was appointed Secretary of State; (H) had an outstanding career as a statesman, proving equal to his brilliant military career; (I) was awarded the Nobel Peace Prize for his conception and implementation of the European Recovery Program, and, subsequently, served as the Secretary of Defense for 1 year; and (J) graduated from the United States Army School of the Line in 1907 and the United States Army Staff College in 1908, followed by instructor duty at Fort Leavenworth in 1909 and 1910; (15) Henry H. ``Hap'' Arnold, General of the Army-- (A) is the only officer in the history of the United States to earn the ranks of General of the Army and General of the Air Force; (B) a graduate of the United States Military Academy at West Point in 1907 and received his pilot training in 1911 from the Wright brothers in Dayton, Ohio; (C) became 1 of the Nation's strongest advocates for air power, and personally held numerous records and trophies for flying achievements, including the first delivery of United States mail by air, and many accomplishments in and from the air in the World Wars, particularly in World War II, were heavily influenced by his genius; (D) as a result of his contributions, gave a third dimension to battles of World War II through massed air power, sweeping the skies of the enemy and denying to the enemy mobility on the ground; (E) received a citation which reads in part: ``from conception to execution, General Arnold's leadership guided the mightiest air force in history''; and (F) was at Fort Leavenworth as a student at the CGSC from 1928 through 1929; (16) Dwight D. Eisenhower, General of the Army-- (A) in 1915, began a career of distinguished public service, reaching the highest positions of military and civil leadership in the United States; (B) during World War II, as Commander in Chief, Allied Expeditionary Force, led the invasion of North Africa and the defeat of the German forces on that continent; (C) in 1944, as Supreme Allied Commander, Allied Expeditionary Force, was instructed ``You will enter the continent of Europe, and, in conjunction with other United Nations, undertake operations aimed at the heart of Germany and the destruction of her armed forces''; (D) in accomplishing that mission, commanded the largest combination of land, sea, and air forces in history; (E) following World War II, was instrumental in the development of the North Atlantic Treaty Organization; (F) after his brilliant military career, he was elected 34th president of the United States; (G) served at Fort Leavenworth from 1917 through 1918 as a tactical instructor officer for a course for lieutenants, and in 1925 through 1926, was a student at the CGSC, from which he was the honor graduate of his class; and (17) Omar N. Bradley, General of the Army-- (A) throughout his distinguished military career, was recognized as an exceptional leader, tactician, and educator; (B) as Commandant of the Infantry School, developed the officer candidate program, through which more than 45,000 leaders of United States combat forces in World War II were commissioned; (C) during World War II, successfully commanded a division, corps, Army, and Army Group; (D) while commanding II Corps, was instrumental in defeating German forces in North Africa and Sicily; (E) reached a peak in his successful career as a field commander when, as commander of the 12th Army Group, which contained the largest number of Americans to ever serve under 1 commander, he greatly assisted in the liberation of Europe; (F) became the Army Chief of Staff in 1948 and the first Chairman of the Joint Chiefs of Staff in 1949; and (G) was at Fort Leavenworth as a student at the CGSC, from 1928 through 1929. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and celebration of the Five-Star Generals' attendance and graduation from the CGSC, and notwithstanding any other provision of law, 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 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 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 sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall include the portraits of Generals George C. Marshall, Douglas MacArthur, Dwight D. Eisenhower, Henry ``Hap'' Arnold, and Omar N. Bradley. (2) Designations 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 ``2013''; 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 -- (1) be selected by the Secretary, after consultation with the Command and General Staff College Foundation, and the Commission of Fine Arts; and (2) be 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 Facilities.--For each of the 3 coins minted under this Act, at least 1 facility shall be used to strike proof quality coins, while at least 1 other facility shall be used to strike the uncirculated quality coins. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2013. 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 minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) 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 Command and General Staff College Foundation to help finance their support of the CGSC. (c) Audits.--The Command and General Staff College Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Foundation 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 enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

Five-Star Generals Commemorative Coin Act - Requires the Secretary of the Treasury to mint and issue $5 gold coins, $1 silver coins, and half-dollar clad coins in recognition of five United States Army Five-Star Generals: George Marshall, Douglas MacArthur, Dwight Eisenhower, Henry "Hap" Arnold, and Omar Bradley, alumni of the United States Army Command and General Staff College, Fort Leavenworth, Kansas. Requires the design of the coins to include portraits of the generals. Restricts the issuance of such coins to calendar 2013. Requires specified surcharges in the sale of such coins, which shall be paid promptly to the Command and General Staff College Foundation to help finance its support of the College.

A bill to require the Secretary of the Treasury to mint coins in recognition of 5 United States Army Five-Star Generals, George Marshall, Douglas MacArthur, Dwight Eisenhower, Henry "Hap" Arnold, and Omar Bradley, alumni of the United States Army Command and General Staff College, Fort Leavenworth Kansas, to coincide with the celebration of the 132nd Anniversary of the founding of the United States Army Command and General Staff College.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Payment Reauthorization Act of 1994''. SEC. 2. AUTHORIZATION OF ANNUAL FEDERAL PAYMENT TO DISTRICT OF COLUMBIA FOR FISCAL YEAR 1996. Section 503 of the District of Columbia Self-Government and Governmental Reorganization Act (sec. 47-3406.1, D.C. Code) is amended by adding at the end the following new subsection: ``(c) There is authorized to be appropriated as the annual Federal payment to the District of Columbia for fiscal year 1996 $660,000,000.''. SEC. 3. PERFORMANCE AND FINANCIAL ACCOUNTABILITY REQUIREMENTS FOR DISTRICT GOVERNMENT. (a) In General.--Subpart 2 of part D of title IV of the District of Columbia Self-Government and Governmental Reorganization Act is amended-- (1) in the heading for such subpart, by striking ``Audit'' and inserting ``Audits and Accountability Requirements''; and (2) by adding at the end the following new section: ``performance and financial accountability ``Sec. 456. (a) Performance Accountability Plan.-- ``(1) Submission of annual plan.--Not later than March 1 of each year (beginning with 1995), the Mayor shall develop and submit to the Committee on the District of Columbia of the House of Representatives, the Committee on Governmental Affairs of the Senate, the Committees on Appropriations of the House of Representatives and the Senate, and the Comptroller General a performance accountability plan for all departments, agencies, and programs of the government of the District of Columbia for the subsequent fiscal year. ``(2) Contents of plan.--The performance accountability plan for a fiscal year shall contain the following: ``(A) A statement of measurable, objective performance goals established for all significant activities of the government of the District of Columbia during the fiscal year (including activities funded in whole or in part by the District but performed in whole or in part by some other public or private entity) that describe an acceptable level of performance by the government and a superior level of performance by the government. ``(B) A description of the measures of performance to be used in determining whether the government has met the goals established under subparagraph (A) with respect to an activity for a fiscal year. Such measures shall analyze the quantity and quality of the activities involved, and shall include measures of program outcomes and results. ``(C) The title of the District of Columbia management employee most directly responsible for the achievement of each goal and the title of such employee's immediate supervisor or superior. ``(3) Description of activities subject to court order.--In addition to the material included in the performance accountability plan for a fiscal year under paragraph (2), the plan shall include a description of the activities of the government of the District of Columbia that are subject to a court order during the fiscal year and the requirements placed on such activities by the court order. ``(b) Performance Accountability Report.-- ``(1) Submission of report.--Not later than March 1 of each year (beginning with 1997), the Mayor shall develop and submit to the Committee on the District of Columbia of the House of Representatives, the Committee on Governmental Affairs of the Senate, the Committees on Appropriations of the House of Representatives and the Senate, and the Comptroller General a performance accountability report on activities of the government of the District of Columbia during the fiscal year ending on the previous September 30. ``(2) Contents of report.--The performance accountability report for a fiscal year shall contain the following: ``(A) For each goal of the performance accountability plan submitted under subsection (a) for the year, a statement of the actual level of performance achieved compared to the stated goal for an acceptable level of performance and the goal for a superior level of performance. ``(B) The title of the District of Columbia management employee most directly responsible for the achievement of each goal and the title of such employee's immediate supervisor or superior. ``(C) A statement of the status of any court orders applicable to the government of the District of Columbia during the year and the steps taken by the government to comply with such orders. ``(3) Evaluation of report.--The Comptroller General, in consultation with the Director of the Office of Management and Budget, shall review and evaluate each performance accountability report submitted under this subsection and not later than April 15 of each year shall submit comments on such report to the Committee on the District of Columbia of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate. ``(c) Financial Accountability Plan and Report.-- ``(1) Development and submission.--Not later than March 1 of each year (beginning with 1995), the Mayor shall develop and submit to the Committee on the District of Columbia of the House of Representatives, the Committee on Governmental Affairs of the Senate, the Committees on Appropriations of the House of Representatives and the Senate, and the Comptroller General a 5- year financial plan for the government of the District of Columbia that contains a description of the steps the government will take to eliminate any differences between expenditures from, and revenues attributable to, each fund of the District of Columbia during the first 5 fiscal years beginning after the submission of the plan. ``(2) Report on compliance.-- ``(A) Submission of report.--Not later than March 1 of every year (beginning with 1997), the Mayor shall submit a report to the Committee on the District of Columbia of the House of Representatives, the Committee on Governmental Affairs of the Senate, the Committees on Appropriations of the House of Representatives and the Senate, the Comptroller General, and the Director of the Congressional Budget Office on the extent to which the government of the District of Columbia was in compliance during the preceding fiscal year with the applicable requirements of the financial accountability plan submitted for such fiscal year under this subsection. ``(B) Evaluation of report.--The Comptroller General, in consultation with the Director of the Congressional Budget Office, shall review and evaluate the financial accountability compliance report submitted under subparagraph (A) and not later than April 15 of each year shall submit comments on such report to the Committee on the District of Columbia of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate. ``(d) Quarterly Financial Reports.-- ``(1) Submission of quarterly financial reports.--Not later than fifteen days after the end of every calendar quarter (beginning with a report for the quarter beginning October 1, 1994), the Mayor shall submit to the Committee on the District of Columbia of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Subcommittees on the District of Columbia of the Committees on Appropriations of the House of Representatives and the Senate, a report on the financial and budgetary status of the government of the District of Columbia for the previous quarter. ``(2) Contents of report.--Each quarterly financial report submitted under paragraph (1) shall include the following information: ``(A) A comparison of actual to forecasted cash receipts and disbursements for each month of the quarter, as presented in the District's fiscal year consolidated cash forecast which shall be supported and accompanied by cash forecasts for the general fund and each of the District government's other funds other than the capital projects fund and trust and agency funds. ``(B) A projection of the remaining months cash forecast for that fiscal year. ``(C) Explanations of (i) the differences between actual and forecasted cash amounts for each of the months in the quarter, and (ii) any changes in the remaining months forecast as compared to the original forecast for such months of that fiscal year. ``(D) The effect of such changes, actual and projected, on the total cash balance of the remaining months and for the fiscal year. ``(E) Explanations of the impact on meeting the budget, how the results may be reflected in a supplemental budget request, or how other policy decisions may be necessary which may require the agencies to reduce expenditures in other areas. ``(F) An aging of the outstanding receivables and payables, with an explanation of how they are reflected in the forecast of cash receipts and disbursements. ``(G) For each department or agency, the actual number of full-time equivalent positions, the actual number of full-time employees, the actual number of part-time employees, and the actual number of temporary employees, together with the source of funding for each such category of positions and employees.''. (b) Clerical Amendments.--The table of contents of the District of Columbia Self-Government and Governmental Reorganization Act is amended-- (1) in the item relating to subpart 2 of part D of title IV, by striking ``Audit'' and inserting ``Audits and Accountability Requirements''; and (2) by inserting after the item relating to section 455 the following new item: ``Sec. 456. Performance and financial accountability.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Federal Payment Reauthorization Act of 1994 - Amends the District of Columbia Self-Government and Governmental Reorganization Act to authorize $660 million to be appropriated as the Federal payment to the District of Columbia (DC) for FY 1996. Requires the Mayor, by March 1 of each year, to develop and submit to specified congressional committees and the Comptroller General: (1) a performance accountability plan for all departments, agencies, and programs of the DC government for the subsequent fiscal year, including a description of the activities that are subject to a court order and the requirements placed on such activities by such order; and (2) a performance accountability report on activities of DC government during the fiscal year ending the previous September 30. Directs the Comptroller General to review and evaluate each performance accountability report and submit comments to those congressional committees. Requires the Mayor, by March 1 of each year, to develop and submit to specified congressional committees and the Comptroller General: (1) a five-year financial plan for the DC government that describes steps the government will take to eliminate any differences between expenditures from, and revenues attributable to, each DC fund during the first five fiscal years beginning after submission of the plan; and (2) a report on the extent to which the DC government was in compliance during the preceding fiscal year with the applicable requirements of such plan (beginning with 1997). Directs the Comptroller General to review and evaluate the financial accountability compliance report and submit comments to such congressional committees. Requires the Mayor to submit quarterly financial reports on the financial and budgetary status of the DC government for the previous quarter.

Federal Payment Reauthorization Act of 1994

entitled ``Joint Resolution to approve the `Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America', and for other purposes'' approved March 24, 1976 (48 U.S.C. 1801 et seq.), is amended-- (1) by adding at the end the following new sections: ``SEC. 7. LABELING OF TEXTILE FIBER PRODUCTS. ``(a) In General.--No textile fiber product shall have a stamp, tag, label, or other means of identification or substitute therefor on or affixed to the product stating `Made in USA' or otherwise stating or implying that the product was made or assembled in the United States unless-- ``(1) each individual providing direct labor in production of such textile fiber product was paid a wage equal to or greater than the wage set by section 8; ``(2) the product was produced or manufactured in compliance with all Federal laws relating to labor rights and working conditions, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938; ``(3) the factory or other business concern producing or manufacturing the product, as certified by the Secretary of Labor, has full-time employees in nonmanagerial positions who are citizens or nationals of the United States, aliens lawfully admitted into the United States for permanent residence, citizens of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia, aliens admitted into the United States as refugees under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), or aliens granted asylum in the United States under section 208 of that Act (8 U.S.C. 1158), in the following percentages: 25 percent within 6 months after the date of the enactment of this section, 50 percent within 1 year after such date of enactment, and 75 percent within 18 months after such date of enactment; and ``(4) the factory or other business concern producing or manufacturing the product does not employ individuals under conditions of indentured servitude. ``(b) Result of Noncompliance.--A textile fiber product which is stamped, tagged, labeled, or otherwise identified in violation of subsection (a) shall be deemed to be misbranded for purposes of the Textile Fiber Products Identification Act (15 U.S.C. 70 et seq.). ``(c) Definition.--For purposes of this section, the term `direct labor' includes any work provided to prepare, assemble, process, package, or transport a textile fiber product, but does not include supervisory, management, security, or administrative work. ``SEC. 8. MINIMUM WAGE. ``Section 503(c) of the foregoing Covenant shall be construed and applied as if it read as follows: ```(c) The minimum wage provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), shall apply to the Commonwealth of the Northern Mariana Islands, except that-- ```(1) through December 31, 1999, the minimum wage applicable to the Commonwealth of the Northern Mariana Islands shall be $3.55 per hour; ```(2) on January 1, 2000, and on July 1 and January 1 of each year thereafter, the minimum wage applicable to the Commonwealth of the Northern Mariana Islands shall be $0.50 per hour more than the minimum wage that was applicable to the Commonwealth of the Northern Mariana Islands for the preceding 6-month period until the minimum wage applicable to the Commonwealth of the Northern Mariana Islands is equal to the minimum wage rate set forth in section 6(a)(1) of the Fair Labor Standards Act of 1938; and ```(3) after the minimum wage applicable to the Commonwealth of the Northern Mariana Islands is equal to the minimum wage rate set forth in section 6(a)(1) of the Fair Labor Standards Act of 1938, pursuant to paragraph (2), the minimum wage applicable to the Commonwealth of the Northern Mariana Islands shall increase as necessary to remain equal to the minimum wage rate set forth in section 6(a)(1) of the Fair Labor Standards Act of 1938.' ``SEC. 9. CONDITIONS FOR DUTY-FREE AND QUOTA-FREE TREATMENT. ``(a) Conditions.--No product of the Northern Mariana Islands may enter the customs territory of the United States duty-free or not subject to quota as the product of an insular possession, unless-- ``(1) each individual providing direct labor in production of the product was paid a wage equal to or greater than the wage set by section 8; ``(2) the product was produced or manufactured in compliance with all Federal laws relating to labor rights and working conditions, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938; ``(3) the factory or other business concern producing or manufacturing the product, as certified by the Secretary of Labor, has full-time employees in nonmanagerial positions who are citizens or nationals of the United States, aliens lawfully admitted into the United States for permanent residence, citizens of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia, persons admitted into the United States under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), or aliens granted asylum in the United States under section 208 of that Act (8 U.S.C. 1158), in the following percentages: 25 percent within 6 months after the date of the enactment of this section, 50 percent within 1 year after such date of enactment, and 75 percent within 18 months after such date of enactment; ``(4) the factory or other business concern producing or manufacturing the product does not employ individuals under conditions of indentured servitude; and ``(5) the Commissioner of Customs has certified that the Commonwealth of the Northern Mariana Islands is taking adequate measures-- ``(A) to prevent unlawful transshipment of goods that is carried out by rerouting, false declaration concerning country or place of origin, falsification of documents, evasion of United States rules of origin, or any other means; and ``(B) to prevent being used as a transit point for the shipment of goods in violation of the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act or any other applicable trade agreement. ``(b) Penalties Against Exporters.--If the President determines, based on sufficient evidence, that an exporter has willfully falsified information regarding the country of origin, manufacture, processing, or assembly of a product of the Northern Mariana Islands for which duty-free or quota-free treatment is claimed, then the President shall deny to such exporter, and any successors of such exporter, for a period of 2 years, duty-free and quota-free treatment for such product. ``(c) Definition.--For purposes of this section, the term `direct labor' includes any work provided to prepare, assemble, process, package, or transport a product, but does not include supervisory, management, security, or administrative work.''; and (2) by adding after the new sections added by paragraph (1), the following new section: ``SEC. 10. APPLICABILITY OF IMMIGRATION LAWS. ``Section 506 of the foregoing Covenant shall be construed and applied as if it included at the end the following subsection: ```(e)(1) Subject to paragraphs (2) and (3), the provisions of the Immigration and Nationality Act shall apply to the Northern Mariana Islands as if the Northern Mariana Islands were a State (as defined in section 101(a)(36) of such Act), and a part of the United States (as defined in section 101(a)(38) of such Act). Such Act shall supersede and replace all laws, provisions, or programs of the Commonwealth of the Northern Mariana Islands relating to the admission and removal of aliens from the Northern Mariana Islands. ```(2)(A) Notwithstanding paragraph (1) and subject to subparagraph (C), if the Secretary of Labor, upon receipt of a joint recommendation of the Governor and Legislature of the Commonwealth of the Northern Mariana Islands, finds that exceptional circumstances exist with respect to the inability of employers in the Northern Mariana Islands to obtain sufficient work-authorized labor, the Attorney General may establish a specific number of employment-based immigrant visas to be made available during the following fiscal year under this paragraph and section 203(b) of the Immigration and Nationality Act. ```(B) Upon notification by the Attorney General that a number has been established pursuant to subparagraph (A), the Secretary of State may allocate up to that number of visas without regard to the numerical limitations set forth in sections 202 and 203(b)(3)(B) of the Immigration and Nationality Act. Visa numbers allocated under this subparagraph shall be allocated first from the number of visas available under section 203(b)(3) of the Immigration and Nationality Act, or, if such visa numbers are not available, from the number of visas available under section 203(b)(5) of such Act. ```(C) The authority of the Attorney General and the Secretary of State under subparagraphs (A) and (B) shall expire at the end of the 4th fiscal year following the first fiscal year for which the Attorney General establishes a number pursuant to subparagraph (A). ```(D) Persons granted employment-based immigrant visas under this paragraph may be admitted initially at a port-of-entry in the Northern Mariana Islands, or at a port-of-entry in Guam, for the purpose of immigrating to the Northern Mariana Islands, as lawful permanent residents of the United States. ```(E) Any immigrant visa issued pursuant to this paragraph shall be valid only for application for initial admission to the Northern Mariana Islands. The admission of any alien pursuant to such an immigrant visa shall be an admission for lawful permanent residence and employment only in the Northern Mariana Islands during the first 3 years after such admission. Such admission shall not authorize permanent residence or employment in any other part of the United States during such 3-year period. An alien admitted for permanent residence pursuant to this paragraph shall be issued appropriate documentation identifying the person as having been admitted pursuant to the terms and conditions of this paragraph, and shall be required to comply with a system for the registration and reporting of aliens admitted for permanent residence under this subsection, to be established by the Attorney General under chapter 7 of title II of the Immigration and Nationality Act. ```(F) Nothing in this paragraph shall preclude an alien who has obtained lawful permanent resident status pursuant to this paragraph from applying, if otherwise eligible under this section and under the Immigration and Nationality Act, for an immigrant visa or admission as a lawful permanent resident under the Immigration and Nationality Act. ```(G) Any alien admitted under this paragraph, who violates the provisions of this paragraph, or who is found removable or inadmissible under section 237(a) of the Immigration and Nationality Act, or paragraphs (1), (2), (3), (4)(A), (4)(B), (6), (7), (8), or (9) of section 212(a) of such Act, shall be removed pursuant to chapter 4 of title II of such Act. ```(H) The Attorney General may establish by regulation a procedure by which an alien who has obtained lawful permanent resident status pursuant to this paragraph may apply for a waiver of the limitations on the terms and conditions of such status. The Attorney General may grant the application for waiver, in the discretion of the Attorney General, if: (1) the alien is not in removal proceedings, (2) the alien has been a person of good moral character for the preceding 5 years, (3) the alien has not violated the terms and conditions of the alien's permanent resident status, and (4) the alien would suffer exceptional and extremely unusual hardship were such terms and conditions not waived. ```(I) The limitations on the terms and conditions of an alien's permanent residence set forth in this paragraph shall expire at the end of 3 years after the alien's admission to the Northern Mariana Islands as a permanent resident and the alien is thereafter fully subject to the provisions of the Immigration and Nationality Act. Following the expiration of such limitations, the permanent resident alien may engage in any lawful activity, including employment, anywhere in the United States. ```(3)(A) Except as provided in subparagraph (B), paragraphs (1) and (2) shall take effect after the expiration of the 3-month period beginning on the date of the enactment of the United States- Commonwealth of the Northern Marianas Human Dignity Act. ```(B) With respect to an alien who, as of the last day of the 3- month period beginning on the date of the enactment of the United States-Commonwealth of the Northern Marianas Human Dignity Act, is authorized by the Government of the Northern Mariana Islands (pursuant to the immigration laws of the Commonwealth of the Northern Mariana Islands) to enter into and remain temporarily in the Northern Mariana Islands in order to perform temporary service or labor in the Northern Mariana Islands (and any relatives of the alien if, authorized to accompany or follow to join the alien), paragraphs (1) and (2) shall apply to the alien beginning after the earlier of the following dates: ```(i) The date on which such authorization expires (such authorization not being subject to extension or renewal by the Government of the Northern Mariana Islands after the expiration of the 3-month period beginning on the date of the enactment of the United States-Commonwealth of the Northern Marianas Human Dignity Act). ```(ii) The date that is 2 years after the date of the enactment of the United States-Commonwealth of the Northern Marianas Human Dignity Act. ```(4) When deploying personnel to enforce the provisions of this section, the Attorney General shall coordinate with, and act in conjunction with, State and local law enforcement agencies to ensure that such deployment does not degrade or compromise the law enforcement capabilities and functions currently performed by immigration officers.'.''. SEC. 4. AUTHORITY OF CUSTOMS SERVICE TO BOARD SHIPS. Section 467 of the Tariff Act of 1930 (19 U.S.C. 1467) is amended by striking ``or the Virgin Islands,'' each place it appears and inserting ``, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands,''. SEC. 5. STUDY; REPORT. (a) Study.--A study shall be conducted of the extent of human rights violations and labor rights violations in the Northern Mariana Islands, including the use of forced or indentured labor, and any efforts being taken by the Government of the United States or the Government of the Northern Mariana Islands to address or prohibit such violations. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Interior shall transmit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the results of the study required by subsection (a). (c) Consultation.--Appropriate local government officials, law enforcement agencies, and nongovernmental organizations active in instituting and protecting human and labor rights may be consulted when conducting the study and preparing the report required by this section. SEC. 6. EFFECT ON OTHER LAW. The provisions of the amendments made by paragraph (1) of section 3 shall be in addition to, but shall not otherwise modify, the requirements of the Textile Fiber Products Identification Act (15 U.S.C. 70 et seq.). SEC. 7. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act. (b) Immigration.-- (1) In general.--The amendment made by paragraph (2) of section 3 shall take effect after the expiration of the 3-month period beginning on the date of the enactment of this Act. (2) Exception.--With respect to an alien who, as of the last day of the 3-month period beginning on the date of the enactment of this Act, is authorized by the Government of the Northern Mariana Islands (pursuant to the immigration laws of the Commonwealth of the Northern Mariana Islands) to enter into and remain temporarily in the Northern Mariana Islands in order to perform temporary service or labor in the Northern Mariana Islands (and any relatives of the alien if, authorized to accompany or follow to join the alien), such amendment shall apply to the alien beginning after the earlier of the following dates: (A) The date on which such authorization expires (such authorization not being subject to extension or renewal by the Government of the Northern Mariana Islands after the expiration of the 3-month period beginning on the date of the enactment of this Act). (B) The date that is 2 years after the date of the enactment of this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

United States-Commonwealth of the Northern Marianas Human Dignity Act - Amends Federal law to prohibit the affixation of the "Made in the USA" label to a textile fiber product from the Northern Mariana Islands unless: (1) each worker producing such product was paid a minimum wage equal to or greater than a specified amount; (2) the product was manufactured in compliance with all Federal labor laws, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938; (3) the factory or other business producing the product has full-time employees in nonmanagerial positions who are U.S. citizens or nationals, aliens lawfully admitted into the United States for permanent residence, citizens of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia, aliens admitted into the United States as refugees, or aliens granted asylum in the United States, in specified percentages; and (4) the factory or other business producing the product does not employ individuals under conditions of indentured servitude. (Sec. 3) Applies to the Northern Mariana Islands: (1) the minimum wage provisions of the Fair Labor Standards Act of 1938, as modified by this Act (requires a minimum wage through December 31, 1999, of $3.55 per hour, adjusted semiannually thereafter in $.50 increments until it equals the minimum wage required by the Fair Labor Standards Act of 1938); and (2) the Immigration and Nationality Act. Prohibits any product of the Northern Mariana Islands from entering the customs territory of the United States duty-free or not subject to quota as a product of an insular possession unless specified requirements relating to fair labor practices and country of origin are met. Requires the President, for a two-year period, to deny an exporter duty-free and quota-free treatment if it is determined that such exporter has willfully falsified information regarding the country of origin of a product of the Northern Mariana Islands for which such treatment is claimed. (Sec. 4) Amends the Tariff Act of 1930 to authorize the inspection by the Customs Service of any vessel from a foreign port or from a place in any U.S. territory or possession arriving at a port or place in the Northern Mariana Islands (currently, the United States or the Virgin Islands) (Sec. 5) Requires a study of the extent of human and labor rights violations in the Northern Mariana Islands, including any efforts being taken by the united States or the Government of the Northern Mariana Islands to address or prohibit such violations. Requires a report on the results of the study to specified congressional committees. (Sec. 8) Authorizes appropriations.

United States-Commonwealth of the Northern Marianas Human Dignity Act

SECTION 1. REDUCTION OF U.S. CITIZENSHIP VOTING INTEREST OWNERSHIP REQUIREMENT. Title IV of the Federal Aviation Act of 1958 (49 U.S.C. App. 1371- 1389) is amended by adding at the end the following new section: ``SEC. 420. REDUCTION OF U.S. CITIZENSHIP VOTING INTEREST OWNERSHIP REQUIREMENT. ``(a) General Rule.--Notwithstanding the requirement of section 101(16) of this Act that at least 75 percent of the voting interests of an air carrier be owned or controlled by persons who are citizens of the United States or of one of its possessions, a person who is not a citizen of the United States may purchase voting interests of a corporation or association which is, or owns or controls, an air carrier without regard to whether or not such purchase would result in the corporation or association failing to meet such voting interest requirement of section 101(16) if the Secretary of Transportation finds that-- ``(1) after the purchase-- ``(A) the president, chairman of the board of directors, chief operating officer, and two-thirds or more of the board of directors of the corporation or association which is, or owns or controls, the air carrier would be citizens of the United States or one of its possessions; and ``(B) at least 51 percent of the voting interests of the air carrier would be owned or controlled by persons who are citizens of the United States or one of its possessions; and ``(2) the purchase is in the public interest. ``(b) Factors to Consider for Public Interest Finding.--The Secretary, in making the finding required by subsection (a)(2), shall consider the following: ``(1) The financial condition of the air carrier and the importance of the purchase to the carrier's ability to survive and effectively compete. ``(2) The effect of the purchase on the employees of the air carrier. ``(3) The effect of the purchase on competition in interstate, overseas, and foreign air transportation. ``(4) Whether the laws and regulations of the foreign country of which the purchaser is a citizen would permit a citizen of the United States to acquire, under similar terms and conditions, the same percentage of stock of a person who provides in such foreign country transportation by aircraft of persons or property as a common carrier as the percentage of stock which the person making the purchase would have in the air carrier after the purchase. ``(5) The extent to which the purchaser is owned, controlled, or subsidized by a government of a foreign country. ``(6) The extent to which a person who is not a citizen of the United States or one of its possessions would, after the purchase, have the power to exercise control over the air carrier. ``(7) The extent to which the foreign country of which the purchaser is a citizen permits air carriers to have access to its aviation markets equivalent to the access that the foreign citizen would have to the aviation markets of the United States after the purchase. ``(c) Application.-- ``(1) Submission.--A person interested in making a purchase with respect to which subsection (a) applies must submit an application with respect to such purchase to the Secretary. The application must be in such form and contain such information as the Secretary may, by regulation, require. ``(2) Approval or disapproval.--Within 90 days after an application meeting the requirements of paragraph (1) and any regulations issued thereunder is submitted to the Secretary, the Secretary shall approve the application, approve the application subject to such conditions or modifications as the Secretary determines appropriate to carry out the objectives of this section, or disapprove the application. ``(3) Presidential review.-- ``(A) Presentation.--The approval, with or without conditions or modifications, of any application under this section shall be presented to the President for review. ``(B) Disapproval; conditions.--The President shall have the right to disapprove or impose conditions on the application solely on the basis of national defense considerations including the effect of the purchase on the Civil Reserve Air Fleet program. Any such disapproval or conditions shall be issued in a public document, setting forth the reasons for the disapproval or conditions to the extent national security permits, within 30 days after submission of the Secretary's action to the President. ``(C) Effect of disapproval.--Any action of the Secretary disapproved by the President under this paragraph shall be null and void. ``(D) Effect of expiration of time limit; judicial review.--Any action of the Secretary not disapproved within the 30-day period referred to in subparagraph (B) shall take effect as an action of the Secretary, not the President, and as such shall be subject to judicial review as provided in section 1006 of this Act.''. SEC. 2. CONFORMING AMENDMENT. The table of contents contained in the first section of the Federal Aviation Act of 1958 is amended by adding at the end of the matter relating to title IV of such Act the following: ``Sec. 420. Reduction of U.S. citizenship voting interest ownership requirement. ``(a) General rule. ``(b) Factors to consider for public interest finding. ``(c) Application.''.

Amends the Federal Aviation Act of 1958 to authorize foreign persons to purchase more than a specified percentage of the voting interests of a U.S. air carrier.

To amend the Federal Aviation Act of 1958 to authorize the Secretary of Transportation to reduce under certain circumstances the percentage of voting interests of air carriers which are required to be owned or controlled by persons who are citizens of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Invest Act of 2011''. SEC. 2. TEMPORARY DIVIDENDS RECEIVED DEDUCTION ALLOWED FOR 2011 OR 2012. (a) Election.--Subsection (f) of section 965 of the Internal Revenue Code of 1986 (relating to election) is amended to read as follows: ``(f) Election.--The taxpayer may elect to apply this section to-- ``(1) the taxpayer's last taxable year which begins before the date of the enactment of this subsection, or ``(2) the taxpayer's first taxable year which begins during the 1-year period beginning on such date. Such election may be made for a taxable year only if made on or before the due date (including extensions) for filing the return of tax for such taxable year.''. (b) Limitation.--Paragraph (1) of section 965(b) of such Code is amended to read as follows: ``(1) In general.--The amount of dividends taken into account under subsection (a) shall not exceed the sum of the current and accumulated earnings and profits described in section 959(c)(3) for the year a deduction is claimed under subsection (a), without diminution by reason of any distributions made during the election year, for all controlled foreign corporations of the United States shareholder.''. (c) Failure To Maintain Employment Levels.--Paragraph (4) of section 965(b) of such Code (relating to limitations) is amended to read as follows: ``(4) Reduction in benefits for failure to maintain employment levels.-- ``(A) In general.--If, during the period consisting of the calendar month in which the taxpayer first receives a distribution described in subsection (a)(1) and the succeeding 23 calendar months, the taxpayer does not maintain an average employment level at least equal to the taxpayer's prior average employment, an additional amount equal to $25,000 multiplied by the number of employees by which the taxpayer's average employment level during such period falls below the prior average employment (but not exceeding the aggregate amount allowed as a deduction pursuant to subsection (a)(1)) shall be taken into income by the taxpayer during the taxable year that includes the final day of such period. ``(B) Average employment level.--For purposes of this paragraph, the taxpayer's average employment level for a period shall be the average number of full-time United States employees of the taxpayer, measured at the end of each month during the period. ``(C) Prior average employment.--For purposes of this paragraph, the taxpayer's `prior average employment' shall be the average number of full-time United States employees of the taxpayer during the period consisting of the 24 calendar months immediately preceding the calendar month in which the taxpayer first receives a distribution described in subsection (a)(1). ``(D) Full-time united states employee.--For purposes of this paragraph-- ``(i) In general.--The term `full-time United States employee' means an individual who provides services in the United States as a full-time employee, based on the employer's standards and practices; except that regardless of the employer's classification of the employee, an employee whose normal schedule is 40 hours or more per week is considered a full- time employee. ``(ii) Exception for changes in ownership of trades or businesses.--Such term does not include-- ``(I) any individual who was an employee, on the date of acquisition, of any trade or business acquired by the taxpayer during the 24-month period referred to in subparagraph (A); and ``(II) any individual who was an employee of any trade or business disposed of by the taxpayer during the 24-month period referred to in subparagraph (A) or the 24-month period referred to in subparagraph (C). ``(E) Aggregation rules.--In determining the taxpayer's average employment level and prior average employment, all domestic members of a controlled group shall be treated as a single taxpayer.''. (d) Threshold Period.--Section 965 of such Code is amended by striking ``June 30, 2003'' each place it occurs and inserting ``June 30, 2010''. (e) Base Period.--Paragraph (2) of subsection 965(c) of such Code is amended by inserting at the end of subparagraph (A) the following flush sentence: ``For purposes of this paragraph, taxable years shall not include any year for which an election under section 965 was in effect.''. (f) Indebtedness Determination Date.--Subparagraph (B) of section 965(b)(3) of such Code is amended by striking ``October 3, 2004'' and inserting ``January 19, 2011''. (g) Conforming Amendments.-- (1) Subsection 965(c) of such Code, as amended by subsection (e), is amended by striking paragraph (1) and redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively. (2) Paragraph 965(c)(4) of such Code, as redesignated by paragraph (1), is amended to read as follows: ``(4) Controlled groups.--All United States shareholders which are members of an affiliated group filing a consolidated return under section 1501 shall be treated as one United States shareholder.''. (h) Effective Date.--The amendments made by this section shall apply to taxable years ending on or after the date of the enactment of this Act.

Freedom to Invest Act of 2011 - Amends the Internal Revenue Code to: (1) extend the election allowed to a U.S. corporation to deduct dividends received from a controlled foreign corporation to the corporation's last taxable year beginning before the enactment of this Act or the first taxable year beginning during the one-year period beginning on such enactment date, and (2) reduce the amount of such tax deduction for corporations that fail to maintain specified employment levels for full-time U.S. employees.

To amend the Internal Revenue Code of 1986 to allow a temporary dividends received deduction for 2011 or 2012.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Belated Thank You to the Merchant Mariners of World War II Act of 2007''. SEC. 2. MONTHLY BENEFIT FOR WORLD WAR II MERCHANT MARINERS AND SURVIVORS UNDER TITLE 46, UNITED STATES CODE. (a) Monthly Benefit.--Chapter 112 of title 46, United States Code, is amended-- (1) by inserting after the table of sections the following new subchapter heading: ``SUBCHAPTER I--BURIAL AND CEMETERY BENEFITS FOR VETERANS''; and (2) by adding at the end the following new subchapter: ``SUBCHAPTER II--MONTHLY BENEFIT ``Sec. 11211. Monthly benefit ``(a) Payment.--The Secretary of Veterans Affairs shall pay to each individual issued a certificate of honorable service pursuant to section 11213(b) of this title a monthly benefit of $1,000. ``(b) Surviving Spouses.-- ``(1) Payment to surviving spouses.--Subject to paragraph (2), the Secretary of Veterans Affairs shall pay to the surviving spouse of each individual issued a certificate of honorable service pursuant to section 11213(b) of this title a monthly benefit of $1,000. ``(2) Exclusion.--No benefit shall be paid under paragraph (1) to a surviving spouse of an individual issued a certificate of honorable service pursuant to section 11213(b) unless the surviving spouse was married to such individual for not less than one year. ``(c) Retroactive Eligibility for Benefits.--The Secretary of Veterans Affairs shall pay-- ``(1) to each individual issued a certificate of honorable service under to section 11213(b) of this title the monthly benefit described in subsection (a) as if such individual had received such certificate of honorable service on the date of the enactment of the Belated Thank You to the Merchant Mariners of World War II Act of 2007; and ``(2) to each surviving spouse issued a certificate of honorable service on behalf of a deceased individual under section 11213(e) of this title the monthly benefit described in subsection (b)(1) as if such surviving spouse had received such certificate of honorable service on the date of the enactment of Belated Thank You to the Merchant Mariners of World War II Act of 2007. ``(d) Exemption From Taxation.--Payments of benefits under this section are exempt from taxation as provided in section 5301(a) of title 38. ``Sec. 11212. Qualified service ``For purposes of this subchapter, an individual shall be considered to have engaged in qualified service if, between December 7, 1941 and December 31, 1946, the individual-- ``(1) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was-- ``(A) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of such Administration or Office); ``(B) operated in waters other than-- ``(i) inland waters; ``(ii) the Great Lakes; and ``(iii) other lakes, bays, and harbors of the United States; ``(C) under contract or charter to, or property of, the Government of the United States; and ``(D) serving the Armed Forces; and ``(2) while serving as described in paragraph (1), was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service. ``Sec. 11213. Certificate of honorable service ``(a) Application for Service Certificate.--An individual seeking benefits under section 11211 of this title shall submit an application for a certificate of honorable service-- ``(1) to the Secretary of Transportation; or ``(2) in the case of an individual who was a member of the Army Transport Service or the Naval Transport Service, to the Secretary of Defense. ``(b) Issuance of Service Certificate.--The Secretary who receives an application under subsection (a) shall issue a certificate of honorable service to the applicant if, as determined by that Secretary, the individual engaged in qualified service described in section 11212 of this title and meets the standards referred to in subsection (d) of this section. ``(c) Timing for Certification.--A Secretary receiving an application under subsection (a) shall act on the application not later than one year after the date of that receipt. ``(d) Standards Relating to Service.--In making a determination under subsection (b), the Secretary acting on the application shall apply the same standards relating to the nature and duration of service that apply to the issuance of a discharge from service under honorable conditions under section 401(a)(1)(B) of the GI Bill Improvement Act of 1977 (Public Law 95-202; 38 U.S.C. 106 note). ``(e) Surviving Spouses.--The surviving spouse of a deceased individual who engaged in qualifying service described in section 11212 may submit an application for a certificate of honorable service under subsection (a) and be issued such a certificate on behalf of such individual under subsection (b) for the purpose of receiving benefits under section 11211(b) of this title. ``Sec. 11214. Surviving spouse defined ``In this subchapter, the term `surviving spouse' has the meaning given such term in section 101 of title 38, except that in applying the meaning in this subchapter, the term `veteran' means an individual who performed qualified service described in section 11212 of this title. ``Sec. 11215. Authorization of appropriations ``There are authorized to be appropriated to the Secretary of Veterans Affairs such sums as may be necessary for the purpose of carrying out this subchapter.''. (b) Conforming Amendments.--Subsection (c) of section 11201 of title 46, United States Code, is amended-- (1) in paragraph (1), by striking ``chapter'' and inserting ``subchapter''; and (2) in paragraph (2), by striking ``this chapter'' both places it appears and inserting ``this subchapter''. (c) Clerical Amendments.--The table of sections at the beginning of chapter 112 of title 46, United States Code, is amended-- (1) by inserting at the beginning the following new item: ``subchapter i--burial and cemetery benefits for veterans''; and (2) by adding at the end the following: ``subchapter ii--monthly benefit ``11211. Monthly benefit. ``11212. Qualified service. ``11213. Certificate of honorable service. ``11214. Surviving spouse defined. ``11215. Authorization of appropriations.''.

Belated Thank You to the Merchant Mariners of World War II Act of 2007 - Directs the Secretary of Veterans Affairs to pay a monthly benefit of $1,000 to certain honorably-discharged veterans of the U.S. Merchant Marine who served between December 7, 1941, and December 31, 1946 (or to their survivors). Includes service in the Army Transport Service and the Naval Transport Service. Exempts from taxation benefits paid under this Act.

A bill to amend title 46, United States Code, to provide benefits to certain individuals who served in the United States merchant marine (including the Army Transport Service and the Naval Transport Service) during World War II, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Regulatory Review Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) a vibrant and growing small business sector is critical to creating jobs in a dynamic economy; (2) uniform Federal regulatory and reporting requirements in many instances have imposed on small business concerns and other small entities unnecessary and disproportionately burdensome demands, including legal, accounting, and consulting costs; (3) since 1980, under chapter 6 of title 5, United States Code (commonly known as the ``Regulatory Flexibility Act''), Federal agencies have been required to recognize and take account of the differences in the scale and resources of regulated entities, but have failed to do so; (4) a recent report prepared for the Office of Advocacy of the Small Business Administration found that in 2004, the per- employee cost of Federal regulations for firms with fewer than 20 employees was $7,647, 44.8 percent more than the $5,282 per- employee cost faced by businesses with 500 or more workers; (5) Federal agencies have failed to analyze and uncover less costly alternative regulatory approaches, despite the fact that the Regulatory Flexibility Act requires them to do so; and (6) the regulatory playing field for small business concerns should be leveled, making it easier for them to comply with complex regulations. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Board'' means the Public Company Accounting Oversight Board established under section 101 of the Sarbanes- Oxley Act of 2002 (15 U.S.C. 7211); (2) the term ``Commission'' means the Securities and Exchange Commission; and (3) the term ``small business concern'' has the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632). SEC. 4. REGULATORY FLEXIBILITY ANALYSIS REQUIRED. Notwithstanding any other provision of law, before the Commission approves any final rule of the Board in accordance with section 107(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7217(b)), the Commission shall conduct and complete an analysis of such rule in accordance with section 604 of title 5, United States Code. SEC. 5. SMALL BUSINESS COMPLIANCE GUIDE REQUIRED. The Commission shall publish the small business compliance guide, as required by section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) on the same date as the date of publication of the final rule (or as soon as possible after that date) issued to carry out section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262). SEC. 6. STUDY AND REPORT ON EFFECTS ON SMALL BUSINESS CONCERNS. (a) Assessment of Effects on Small Business.-- (1) In general.--Two years after the date on which final rules are published by the Board to carry out section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262), the Comptroller General of the United States shall conduct an assessment of the impact on small business concerns of such rules and prepare a report on such assessment. (2) Content.--The assessment and report required by this section shall-- (A) quantify how both the regulatory requirements of the Commission and the auditing requirements of the Board are affecting small business concerns; (B) be modeled on the investigation of the Advisory Committee on Smaller Public Companies of the Commission into the regulatory burdens posed by the rules of the Commission; (C) include an assessment of the costs and time commitments imposed on small business concerns by the requirements of the Commission and the Board, and an estimate of whether or not such costs of compliance are expected to decrease or increase in the future; (D) document how the Commission and the Board worked together, since issuing the final compliance guide described in section 5, to help small business concerns comply with their regulatory requirements; and (E) include recommendations and regulatory alternatives on how to simplify or improve the process of compliance with Commission and Board requirements for small business concerns. (b) Availability of Report.--Upon completion of the report required by this section, such report shall be-- (1) submitted to the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Small Business of the House of Representatives, and the Small Business Administration; and (2) made available to the public.

Small Business Regulatory Review Act of 2007 - Requires the Securities and Exchange Commission (SEC), before approving any final rule of the Public Company Accounting Oversight Board (established under the Sarbanes-Oxley Act of 2002), to conduct and complete a regulatory flexibility analysis of such rule. Requires the SEC to publish the small business compliance guide (as required under the Small Business Regulatory Enforcement Fairness Act of 1996) on the same date as the publication of the final rule issued to carry out a provision of the Sarbanes-Oxley Act concerning management of internal controls for financial reporting. Directs the Comptroller General to conduct an assessment of the impact on small businesses of such rules.

A bill to require assessment of the impact on small business concerns of rules relating to internal controls, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Flow of Information Act of 2006''. SEC. 2. PURPOSE. The purpose of this Act is to guarantee the free flow of information to the public through a free and active press as the most effective check upon Government abuse, while protecting the right of the public to effective law enforcement and the fair administration of justice. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``attorney for the United States'' means the Attorney General, any United States Attorney, Department of Justice prosecutor, special prosecutor, or other officer or employee of the United States in the executive branch of Government or any independent regulatory agency with the authority to obtain a subpoena or other compulsory process; (2) the term ``communication service provider''-- (A) means any person that transmits information of the customer's choosing by electronic means; and (B) includes a telecommunications carrier, an information service provider, an interactive computer service provider, and an information content provider (as such terms are defined in sections 3 and 230 of the Communications Act of 1934 (47 U.S.C. 153 and 230)); and (3) the term ``journalist'' means a person who, for financial gain or livelihood, is engaged in gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing news or information as a salaried employee of or independent contractor for a newspaper, news journal, news agency, book publisher, press association, wire service, radio or television station, network, magazine, Internet news service, or other professional medium or agency which has as 1 of its regular functions the processing and researching of news or information intended for dissemination to the public. SEC. 4. COMPELLED DISCLOSURE AT THE REQUEST OF ATTORNEYS FOR THE UNITED STATES IN CRIMINAL PROCEEDINGS. (a) In General.--Except as provided in subsection (b), in any criminal investigation or prosecution, a Federal court may not, upon the request of an attorney for the United States, compel a journalist, any person who employs or has an independent contract with a journalist, or a communication service provider to disclose-- (1) information identifying a source who provided information under a promise or agreement of confidentiality made by the journalist while acting in a professional newsgathering capacity; or (2) any records, communication data, documents, or information that the journalist obtained or created while acting in a professional newsgathering capacity and upon a promise or agreement that such records, communication data, documents, or information would be confidential. (b) Disclosure.--Compelled disclosures otherwise prohibited under subsection (a) may be ordered only if a court, after providing the journalist, or any person who employs or has an independent contract with a journalist, notice and an opportunity to be heard, determines by clear and convincing evidence that-- (1) the attorney for the United States has exhausted alternative sources of the information; (2) to the extent possible, the subpoena-- (A) avoids requiring production of a large volume of unpublished material; and (B) is limited to-- (i) the verification of published information; and (ii) surrounding circumstances relating to the accuracy of the published information; (3) the attorney for the United States has given reasonable and timely notice of a demand for documents; (4) nondisclosure of the information would be contrary to the public interest, taking into account both the public interest in compelling disclosure and the public interest in newsgathering and maintaining a free flow of information to citizens; (5) there are reasonable grounds, based on an alternative, independent source, to believe that a crime has occurred, and that the information sought is critical to the investigation or prosecution, particularly with respect to directly establishing guilt or innocence; and (6) the subpoena is not being used to obtain peripheral, nonessential, or speculative information. SEC. 5. COMPELLED DISCLOSURE AT THE REQUEST OF CRIMINAL DEFENDANTS. (a) In General.--Except as provided in subsection (b), a Federal court may not, upon the request of a criminal defendant, compel a journalist, any person who employs or has an independent contract with a journalist, or a communication service provider to disclose-- (1) information identifying a source who provided information under a promise or agreement of confidentiality made by the journalist while acting in a professional newsgathering capacity; or (2) any records, communication data, documents, or information that the journalist obtained or created while acting in a professional newsgathering capacity and under a promise or agreement that such records, communication data, documents, or information would be confidential. (b) Disclosure.--Compelled disclosures otherwise prohibited under subsection (a) may be ordered only if a court, after providing the journalist, or any person who employs or has an independent contract with a journalist, notice and an opportunity to be heard, determines by clear and convincing evidence that-- (1) the criminal defendant has exhausted alternative sources of the information; (2) there are reasonable grounds, based on an alternative source, to believe that the information sought is directly relevant to the question of guilt or innocence or to a fact that is critical to enhancement or mitigation of a sentence; (3) the subpoena is not being used to obtain peripheral, nonessential, or speculative information; and (4) nondisclosure of the information would be contrary to the public interest, taking into account the public interest in compelling disclosure, the defendant's interest in a fair trial, and the public interest in newsgathering and in maintaining the free flow of information. SEC. 6. CIVIL LITIGATION. (a) In General.--Except as provided in subsection (b), in any civil action, a Federal court may not compel a journalist, any person who employs or has an independent contract with a journalist, or a communication service provider to disclose-- (1) information identifying a source who provided information under a promise or agreement of confidentiality made by the journalist while acting in a professional newsgathering capacity; or (2) any records, communication data, documents, or information that the journalist obtained or created while acting in a professional newsgathering capacity and upon a promise or agreement that such records, communication data, documents, or information would be confidential. (b) Disclosure.--Compelled disclosures otherwise prohibited under (a) may be ordered only if a court, after providing the journalist, or any person who employs or has an independent contract with a journalist, notice and an opportunity to be heard, determines by clear and convincing evidence that-- (1) the party seeking the information has exhausted alternative sources of the information; (2) the information sought is critical to the successful completion of the civil action; (3) nondisclosure of the information would be contrary to the public interest, taking into account both the public interest in compelling disclosure and the public interest in newsgathering and in maintaining the free flow of information to the widest possible degree about all matters that enter the public sphere; (4) the subpoena is not being used to obtain peripheral, nonessential, or speculative information; (5) to the extent possible, the subpoena-- (A) avoids requiring production of a large volume of unpublished material; and (B) is limited to-- (i) the verification of published information; and (ii) surrounding circumstances relating to the accuracy of the published information; and (6) the party seeking the information has given reasonable and timely notice of the demand for documents. SEC. 7. EXCEPTION FOR JOURNALIST'S EYEWITNESS OBSERVATIONS OR PARTICIPATION IN CRIMINAL OR TORTIOUS CONDUCT. Notwithstanding sections 1 through 6, a journalist, any person who employs or has an independent contract with a journalist, or a communication service provider has no privilege against disclosure of any information, record, document, or item obtained as the result of the eyewitness observations of criminal conduct or commitment of criminal or tortious conduct by the journalist, including any physical evidence or visual or audio recording of the observed conduct, if a court determines by clear and convincing evidence that the party seeking to compel disclosure under this section has exhausted reasonable efforts to obtain the information from alternative sources. This section does not apply if the alleged criminal or tortious conduct is the act of communicating the documents or information at issue. SEC. 8. EXCEPTION TO PREVENT DEATH OR SUBSTANTIAL BODILY INJURY. Notwithstanding sections 1 through 6, a journalist, any person who employs or has an independent contract with a journalist, or communication service provider has no privilege against disclosure of any information to the extent such information is reasonably necessary to stop or prevent reasonably certain-- (1) death; or (2) substantial bodily harm. SEC. 9. EXCEPTION FOR NATIONAL SECURITY INTEREST. (a) In General.--Notwithstanding sections 1 through 6, a journalist, any person who employs or has an independent contract with a journalist, or communication service provider has no privilege against disclosure of any records, communication data, documents, information, or items described in sections 4(a), 5(a), or 6(a) sought by an attorney for the United States by subpoena, court order, or other compulsory process, if a court has provided the journalist, or any person who employs or has an independent contract with a journalist, notice and an opportunity to be heard, and determined by clear and convincing evidence, that-- (1) disclosure of information identifying the source is necessary to prevent an act of terrorism or to prevent significant and actual harm to the national security, and the value of the information that would be disclosed clearly outweighs the harm to the public interest and the free flow of information that would be caused by compelling the disclosure; or (2) in a criminal investigation or prosecution of an unauthorized disclosure of properly classified Government information by an employee of the United States, such unauthorized disclosure has seriously damaged the national security, alternative sources of the information identifying the source have been exhausted, and the harm caused by the unauthorized disclosure of properly classified Government information clearly outweighs the value to the public of the disclosed information. (b) Rule of Construction.--Nothing in this Act shall be construed to limit any authority of the Government under the Foreign Intelligence Surveillance Act (50 U.S.C. 1801 et seq.). SEC. 10. JOURNALIST'S SOURCES AND WORK PRODUCT PRODUCED WITHOUT PROMISE OR AGREEMENT OF CONFIDENTIALITY. Nothing in this Act shall supersede, dilute, or preclude any law or court decision compelling or not compelling disclosure by a journalist, any person who employs or has an independent contract with a journalist, or a communications service provider of-- (1) information identifying a source who provided information without a promise or agreement of confidentiality made by the journalist while acting in a professional newsgathering capacity; or (2) records, communication data, documents, or information obtained without a promise or agreement that such records, communication data, documents, or information would be confidential.

Free Flow of Information Act of 2006 - Prohibits federal courts in criminal or civil proceedings from compelling journalists to disclose their confidential sources or information which they obtain in a professional newsgathering capacity. Allows exceptions if a court finds that: (1) alternative means of obtaining such confidential information have been exhausted and reasonable and timely notice of a demand for such information has been given; (2) subpoenas for such information are limited in scope; (3) such information is critical to pending criminal or civil litigation; and (4) nondisclosure of such information would be contrary to the public interest. Denies journalists a privilege against disclosure of confidential information if such information: (1) was obtained by eyewitness observations of criminal conduct by a journalist or involvement of such journalist in criminal or tortious conduct; (2) is necessary to prevent death or substantial bodily harm; (3) is necessary to protect national security; and (4) was provided or obtained without a promise of confidentiality.

A bill to guarantee the free flow of information to the public through a free and active press while protecting the right of the public to effective law enforcement and the fair administration of justice.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Netizens Protection Act of 1999''. SEC. 2. PROHIBITION OF INITIATION OF TRANSMISSION OF UNSOLICITED ELECTRONIC MAIL. (a) In General.--No person may initiate, or cause to be initiated, the transmission of an unsolicited electronic mail message in or affecting interstate or foreign commerce if the message-- (1) does not contain the name, physical address, and electronic mail address of the person who initiates the transmission of the message; (2) does not provide an electronic method by which the recipient of the message can contact the person who initiated the transmission of the message to request that no further such messages be sent, which method may include electronic mail or Internet access; or (3)(A) is part of a bulk transmission of such messages; and (B) includes information that is located in the subject line of the message and is false or misleading with respect to the body of the message. (b) Treatment of State Laws.--Subsection (a) may not be construed to preempt any State law relating to unsolicited commercial electronic mail. (c) Private Right of Action.-- (1) Cause of action.--Any person adversely affected by a violation of subsection (a) may, within 1 year after discovery of the violation, bring a civil action against a person who violates such subsection in a district court of the United States or in any other court of competent jurisdiction, for the district or jurisdiction in which the unsolicited electronic mail message was received or in which the defendant is located. (2) Relief.--In a civil action under this subsection, the court may-- (A) grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain violations of subsection (a); (B) award damages as described in paragraph (3); and (C) direct the recovery of full costs, including awarding reasonable attorneys' fees to an aggrieved party who prevails. (3) Damages.-- (A) Amount.--The amount of damages in an action under this subsection for a violation of subsection (a) may not exceed $500 for each unsolicited electronic mail message the transmission of which was initiated in violation of such subsection. The court shall treble the amount recovered under the preceding sentence for any transmission of an unsolicited electronic mail message to the aggrieved party in violation of subsection (a) that the court finds was initiated after the aggrieved party contacted the initiator of the transmission to request that the initiator not initiate further transmissions of such mail to such person. (B) Relationship to other damages.--Damages awarded under this paragraph for a violation under subsection (a) are in addition to any other damages awardable for the violation under any other provision of law. SEC. 3. RESTRICTIONS AGAINST USE OF INTERACTIVE COMPUTER SERVICES TO INITIATE UNSOLICITED ELECTRONIC MAIL. (a) Statement of Policy.--Each interactive computer service provider shall make available to each customer of the interactive computer servicer of the provider the policy of the provider regarding unsolicited electronic mail, including any option the provider may have for the customer to elect to receive or not to receive unsolicited electronic mail and any other options customers may exercise to restrict the receipt of unsolicited electronic mail. Such policy shall be set forth in writing, in clear and understandable language, in the agreement for the provision of the interactive computer service by the customer. (b) Violation of Policy Against Bulk Mail.--No customer of an interactive computer service provider may use the equipment or facilities of the provider to initiate, or cause to be initiated, the bulk transmission of an unsolicited electronic mail message if the policy referred to in subsection (a) of the provider prohibits the initiation of such bulk transmissions. (c) Cause of Action.-- (1) In general.--In addition to any other remedies available under any other provision of law, any interactive computer service provider adversely affected by a violation of subsection (b) may bring a civil action in a district court of the United States against a person who violates such subsection. (2) Relief.-- (A) In general.--An action may be brought under paragraph (1) to enjoin a violation of subsection (b), to obtain damages as specified in subparagraph (B), or to obtain such further and other relief as the court considers appropriate. (B) Damages.--The amount of damages in an action under this subsection for a violation of subsection (b) may not exceed $500 for each unsolicited electronic mail message the transmission of which was initiated in violation of such subsection. (C) Relationship to other damages.--Damages awarded under this paragraph for a violation of subsection (b) are in addition to any other damages awardable for the violation under any other provision of law. (D) Cost and fees.--The court may, in issuing any final order in any action brought under this subsection, award costs of suit, reasonable costs of obtaining service of process, reasonable attorney fees, and expert witness fees for the prevailing party. (3) Venue; service of process.--Any civil action brought under this subsection in a district court of the United States may be brought in the district in which the defendant or in which the interactive computer service provider is located, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. SEC. 4. PROTECTION OF INTERACTIVE COMPUTER SERVICE PROVIDERS. (a) In General.--An interactive computer service provider who, in good faith, takes action to restrict or prevent the receipt of unsolicited electronic mail by its customers shall not be liable for any harm resulting from failure to prevent such receipt. (b) Rule of Construction.--Subsection (a) may not be construed to prevent or restrict the liability of any interactive computer service provider for any failure to provide any services other than restriction or prevention for customers of receipt of unsolicited electronic mail. SEC. 5. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Bulk.--The term ``bulk'' means, with respect to the transmission of an electronic mail message, the transmission, within a 7-day period, of such a message or messages that are identical or substantially similar to 50 or more intended recipients. (2) Initiate the transmission.--The term ``initiate the transmission'' means, with respect to an electronic mail, to originate the message, and does not include the actions of any interactive computer service whose facilities or services are used only to relay, handle, or otherwise retransmit the message. (3) Interactive computer service.--The term ``interactive computer service'' has the meaning given such term in section 230(e) of the Communications Act of 1934 (47 U.S.C. 230(e)). (4) Interactive computer service provider.--The term ``interactive computer service provider'' means the provider of an interactive computer service. (5) Recipient.--The term ``recipient'' means, with respect to an electronic mail message, an individual electronic mail address to which the message is directed, without regard to whether such address corresponds to a person, computer, list server, or other automated electronic device. (6) Unsolicited electronic mail.--The term ``unsolicited electronic mail'' means electronic mail unless such mail is transmitted (A) to any person with that person's prior express invitation or permission, or (B) to any person with whom the sender has an established business or personal relationship. SEC. 6. EFFECTIVE DATE. This Act shall take effect upon the expiration of the 60-day period beginning on the date of the enactment of this Act and shall apply to transmissions of electronic mail initiated after the expiration of such period.

Requires each interactive computer service provider to make available to each of its customers its policy regarding unsolicited e-mail, including options for the customer to elect to receive or not receive such e-mail. Prohibits customers from using the equipment or facilities of the provider to initiate the bulk transmission of an unsolicited e-mail message if the provider's policy prohibits such bulk transmissions. Provides a right of action for providers adversely affected by customer violations of such prohibition. States that a provider who in good faith takes action to restrict or prevent the receipt of unsolicited e-mail by its customers shall not be liable for any harm resulting from the failure to prevent such receipt.

Netizens Protection Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Study and Develop Reparation Proposals for African-Americans Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) approximately 4,000,000 Africans and their descendants were enslaved in the United States and colonies that became the United States from 1619 to 1865; (2) the institution of slavery was constitutionally and statutorily sanctioned by the Government of the United States from 1789 through 1865; (3) the slavery that flourished in the United States constituted an immoral and inhumane deprivation of Africans' life, liberty, African citizenship rights, and cultural heritage, and denied them the fruits of their own labor; (4) a preponderance of scholarly, legal, community evidentiary documentation and popular culture markers constitute the basis for inquiry into the on-going effects of the institution of slavery and its legacy of persistent systemic structures of discrimination on living African- Americans and society in the United States; and (5) following the abolition of slavery the United States Government, at the Federal, State, and local level, continued to perpetuate, condone and often profit from practices that continued to brutalize and disadvantage African-Americans, including share cropping, convict leasing, Jim Crow, redlining, unequal education, and disproportionate treatment at the hands of the criminal justice system; and (6) as a result of the historic and continued discrimination, African-Americans continue to suffer debilitating economic, educational, and health hardships including but not limited to; having nearly 1,000,000 Black people incarcerated; an unemployment rate more than twice the current White unemployment rate; and an average of less than \1/16\ of the wealth of White families, a disparity which has worsened, not improved over time. (b) Purpose.--The purpose of this Act is to establish a commission to study and develop Reparation proposals for African-Americans as a result of-- (1) the institution of slavery, including both the Trans- Atlantic and the domestic ``trade'' which existed from 1565 in colonial Florida and from 1619 through 1865 within the other colonies that became the United States, and which included the Federal and State governments which constitutionally and statutorily supported the institution of slavery; (2) the de jure and de facto discrimination against freed slaves and their descendants from the end of the Civil War to the present, including economic, political, educational, and social discrimination; (3) the lingering negative effects of the institution of slavery and the discrimination described in paragraphs (1) and (2) on living African-Americans and on society in the United States; (4) the manner in which textual and digital instructional resources and technologies are being used to deny the inhumanity of slavery and the crime against humanity of people of African descent in the United States; (5) the role of Northern complicity in the Southern based institution of slavery; (6) the direct benefits to societal institutions, public and private, including higher education, corporations, religious and associational; (7) and thus, recommend appropriate ways to educate the American public of the Commission's findings; (8) and thus, recommend appropriate remedies in consideration of the Commission's findings on the matters described in paragraphs (1), (2), (3), (4), (5), and (6); and (9) submit to the Congress the results of such examination, together with such recommendations. SEC. 3. ESTABLISHMENT AND DUTIES. (a) Establishment.--There is established the Commission to Study and Develop Reparation Proposals for African-Americans (hereinafter in this Act referred to as the ``Commission''). (b) Duties.--The Commission shall perform the following duties: (1) Identify, compile and synthesize the relevant corpus of evidentiary documentation of the institution of slavery which existed within the United States and the colonies that became the United States from 1619 through 1865. The Commission's documentation and examination shall include but not be limited to the facts related to-- (A) the capture and procurement of Africans; (B) the transport of Africans to the United States and the colonies that became the United States for the purpose of enslavement, including their treatment during transport; (C) the sale and acquisition of Africans as chattel property in interstate and intrastate commerce; (D) the treatment of African slaves in the colonies and the United States, including the deprivation of their freedom, exploitation of their labor, and destruction of their culture, language, religion, and families; and (E) the extensive denial of humanity, sexual abuse and the chatellization of persons. (2) The role which the Federal and State governments of the United States supported the institution of slavery in constitutional and statutory provisions, including the extent to which such governments prevented, opposed, or restricted efforts of formerly enslaved Africans and their descendents to repatriate to their homeland. (3) The Federal and State laws that discriminated against formerly enslaved Africans and their descendents who were deemed United States citizens from 1868 to the present. (4) The other forms of discrimination in the public and private sectors against freed African slaves and their descendents who were deemed United States citizens from 1868 to the present, including redlining, educational funding discrepancies, and predatory financial practices. (5) The lingering negative effects of the institution of slavery and the matters described in paragraphs (1), (2), (3), (4), (5), and (6) on living African-Americans and on society in the United States. (6) Recommend appropriate ways to educate the American public of the Commission's findings. (7) Recommend appropriate remedies in consideration of the Commission's findings on the matters described in paragraphs (1), (2), (3), (4), (5), and (6). In making such recommendations, the Commission shall address among other issues, the following questions: (A) How such recommendations comport with international standards of remedy for wrongs and injuries caused by the State, that include full reparations and special measures, as understood by various relevant international protocols, laws, and findings. (B) How the Government of the United States will offer a formal apology on behalf of the people of the United States for the perpetration of gross human rights violations and crimes against humanity on African slaves and their descendants. (C) How Federal laws and policies that continue to disproportionately and negatively affect African- Americans as a group, and those that purpetuate the lingering effects, materially and psycho-social, can be eliminated. (D) How the injuries resulting from matters described in paragraphs (1), (2), (3), (4), (5), and (6) can be reversed and provide appropriate policies, programs, projects and recommendations for the purpose of reversing the injuries. (E) How, in consideration of the Commission's findings, any form of compensation to the descendants of enslaved African is calculated. (F) What form of compensation should be awarded, through what instrumentalities and who should be eligible for such compensation. (G) How, in consideration of the Commission's findings, any other forms of rehabilitation or restitution to African descendants is warranted and what the form and scope of those measures should take. (c) Report to Congress.--The Commission shall submit a written report of its findings and recommendations to the Congress not later than the date which is one year after the date of the first meeting of the Commission held pursuant to section 4(c). SEC. 4. MEMBERSHIP. (a) Number and Appointment.--(1) The Commission shall be composed of 13 members, who shall be appointed, within 90 days after the date of enactment of this Act, as follows: (A) Three members shall be appointed by the President. (B) Three members shall be appointed by the Speaker of the House of Representatives. (C) One member shall be appointed by the President pro tempore of the Senate. (D) Six members shall be selected from the major civil society and reparations organizations that have historically championed the cause of reparatory justice. (2) All members of the Commission shall be persons who are especially qualified to serve on the Commission by virtue of their education, training, activism or experience, particularly in the field of African-American studies and reparatory justice. (b) Terms.--The term of office for members shall be for the life of the Commission. A vacancy in the Commission shall not affect the powers of the Commission and shall be filled in the same manner in which the original appointment was made. (c) First Meeting.--The President shall call the first meeting of the Commission within 120 days after the date of the enactment of this Act or within 30 days after the date on which legislation is enacted making appropriations to carry out this Act, whichever date is later. (d) Quorum.--Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (e) Chair and Vice Chair.--The Commission shall elect a Chair and Vice Chair from among its members. The term of office of each shall be for the life of the Commission. (f) Compensation.--(1) Except as provided in paragraph (2), each member of the Commission shall receive compensation at the daily equivalent of the annual rate of basic pay payable for GS-18 of the General Schedule under section 5332 of title 5, United States Code, for each day, including travel time, during which he or she is engaged in the actual performance of duties vested in the Commission. (2) A member of the Commission who is a full-time officer or employee of the United States or a Member of Congress shall receive no additional pay, allowances, or benefits by reason of his or her service to the Commission. (3) All members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties to the extent authorized by chapter 57 of title 5, United States Code. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out the provisions of this Act, hold such hearings and sit and act at such times and at such places in the United States, and request the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission considers appropriate. The Commission may invoke the aid of an appropriate United States district court to require, by subpoena or otherwise, such attendance, testimony, or production. (b) Powers of Subcommittees and Members.--Any subcommittee or member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may acquire directly from the head of any department, agency, or instrumentality of the executive branch of the Government, available information which the Commission considers useful in the discharge of its duties. All departments, agencies, and instrumentalities of the executive branch of the Government shall cooperate with the Commission with respect to such information and shall furnish all information requested by the Commission to the extent permitted by law. SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Staff.--The Commission may, without regard to section 5311(b) of title 5, United States Code, appoint and fix the compensation of such personnel as the Commission considers appropriate. (b) Applicability of Certain Civil Service Laws.--The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the compensation of any employee of the Commission may not exceed a rate equal to the annual rate of basic pay payable for GS-18 of the General Schedule under section 5332 of title 5, United States Code. (c) Experts and Consultants.--The Commission may procure the services of experts and consultants in accordance with the provisions of section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the highest rate payable under section 5332 of such title. (d) Administrative Support Services.--The Commission may enter into agreements with the Administrator of General Services for procurement of financial and administrative services necessary for the discharge of the duties of the Commission. Payment for such services shall be made by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the Administrator. (e) Contracts.--The Commission may-- (1) procure supplies, services, and property by contract in accordance with applicable laws and regulations and to the extent or in such amounts as are provided in appropriations Acts; and (2) enter into contracts with departments, agencies, and instrumentalities of the Federal Government, State agencies, and private firms, institutions, and agencies, for the conduct of research or surveys, the preparation of reports, and other activities necessary for the discharge of the duties of the Commission, to the extent or in such amounts as are provided in appropriations Acts. SEC. 7. TERMINATION. The Commission shall terminate 90 days after the date on which the Commission submits its report to the Congress under section 3(c). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. To carry out the provisions of this Act, there are authorized to be appropriated $12,000,000.

Commission to Study and Develop Reparation Proposals for African-Americans Act This bill establishes the Commission to Study and Develop Reparation Proposals for African-Americans to examine slavery and discrimination in the colonies and the United States from 1619 to the present and recommend appropriate remedies.

Commission to Study and Develop Reparation Proposals for African-Americans Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Total Overhaul of Totalization Agreements Law of 2007''. SEC. 2. RESTRICTION OF TOTALIZATION AGREEMENTS TO PROVIDING FOR APPROPRIATE EXCHANGE OF SOCIAL SECURITY TAXES OR CONTRIBUTIONS. (a) In General.--Section 233(c)(1) of the Social Security Act (42 U.S.C. 433(c)(1)) is amended-- (1) in subsection (a), by striking ``for the purposes of'' and all that follows and inserting the following: ``for the purposes of providing appropriate exchange between the parties to such agreements of taxes or contributions paid under their respective social security systems, as provided in subsection (c)(1).''; and (2) by striking subsection (c)(1) and inserting the following: ``(c)(1) Any agreement establishing a totalization arrangement pursuant to this section between the United States and another country shall provide that-- ``(A) in any case in which-- ``(i) an individual who is a citizen or national of the other country or lawfully admitted to the other country for permanent residence in the other country becomes entitled to cash benefits under the social security system of the other country, and ``(ii) such individual (or, in the case of a survivor or derivative benefit, the individual on whose contributions such benefits are based) has been credited with at least 6 quarters of coverage as defined in section 213 based on wages paid for services performed in the United States or self-employment income derived in the United States, the Secretary of the Treasury shall transfer from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the other country amounts appropriated to each such Trust Fund under section 201 in connection with taxes under chapters 2 and 21 of the Internal Revenue Code of 1986 paid in connection with such wages and self-employment income, and ``(B) in any case in which-- ``(i) an individual who is a citizen or national of the United States or lawfully admitted for permanent residence in the United States becomes entitled to cash benefits under this title, and ``(ii) such individual (or, in the case of a survivor or derivative benefit, the individual on whose wages and self-employment income such benefits are based) has been credited with a period of coverage under the social security system of the other country, based on service performed, or earnings derived, in the other country, equivalent (under the terms of the agreement) to 6 quarters of coverage as defined in section 213, the other country shall pay to the United States an amount equivalent to any taxes or other contributions paid by the credited individual described in clause (ii) or such individual's employer to the social security system of the other country, based on such service or earnings, as required under the social security system of the other country.''. (b) Conforming Amendment.--Section 233(c)(3) of such Act is amended to read as follows: ``(3) Any such agreement shall provide for the exchange of such information between the parties to the agreement as is necessary to provide for the transfers between the parties under paragraph (1). The Secretary of the Treasury and the Commissioner of Social Security shall exchange such information as is necessary to enable the Secretary of the Treasury to carry out any transfers referred to in paragraph (1)(A).''. (c) Effective Date.--The amendments made by this section shall apply with respect to agreements becoming effective on or after January 1, 2007. SEC. 3. LIMITATIONS ON COVERAGE OF INDIVIDUALS BASED ON EARNINGS BY INDIVIDUALS IN THE UNITED STATES WHILE SUCH INDIVIDUALS WERE NOT CITIZENS, NATIONALS, OR LAWFUL PERMANENT RESIDENTS OF THE UNITED STATES AND WERE NOT AUTHORIZED TO BE EMPLOYED IN THE UNITED STATES. (a) In General.--Section 215(e) of the Social Security Act (42 U.S.C. 415(e)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' after ``(e)''; and (3) by adding at the end the following new paragraph: ``(2) For purposes of subsections (b) and (d), in computing an individual's average indexed monthly earnings (or in the case of an individual whose primary insurance amount is computed under section 215(a) as in effect prior to January 1979, average monthly wage), such individual shall not be credited with any wages paid to such individual for services performed in the United States, or any self-employment income derived by such individual in the United States, if such services were performed, or such self-employment income was derived, while such individual was neither a citizen or national of the United States nor lawfully admitted for permanent residence in the United States and was not authorized to be employed in the United States.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to wages paid, and self-employment income derived, before, on, or after the date of the enactment of this Act. Notwithstanding section 215(f)(1) of the Social Security Act (42 U.S.C. 415(f)(1)), as soon as practicable after the date of the enactment of this Act, the Commissioner of Social Security shall recompute all primary insurance amounts to the extent necessary to carry out such amendments. Such amendments shall affect benefits only for months after the date of the enactment of this Act.

Total Overhaul of Totalization Agreements Law of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise requirements for agreements establishing a totalization arrangement between the United States and another country with respect to the exchange of funds and information between the countries on behalf citizens, nationals, or permanent residents of one country who become entitled to cash benefits under the other country's social security system. Prohibits, in computing an individual's average indexed monthly earnings, the crediting of individuals under OASDI with wages from employment or self-employment in the United States performed while such individuals: (1) are not citizens, nationals, or lawful permanent residents of the United States; and (2) are not authorized by law to be employed in the United States.

To amend title II of the Social Security Act to restrict totalization agreements between the United States and other countries to providing for appropriate exchange of Social Security taxes or contributions between the parties to such agreements, and to prohibit crediting of individuals under such title with earnings from employment or self-employment in the United States performed while such individuals are not citizens, nationals, or lawful permanent residents of the United States and are not authorized by law to be employed in the United States.

SECTION 1. ABOVE-THE-LINE DEDUCTION FOR INTEREST ON INDEBTEDNESS WITH RESPECT TO THE PURCHASE OF CERTAIN MOTOR VEHICLES. (a) In General.--Paragraph (2) of section 163(h) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'' at the end of subparagraph (E), (2) by striking the period at the end of subparagraph (F) and inserting ``, and'', and (3) by adding at the end the following new subparagraph: ``(G) any qualified motor vehicle interest (within the meaning of paragraph (5)).''. (b) Qualified Motor Vehicle Interest.--Section 163(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Qualified motor vehicle interest.--For purposes of this subsection-- ``(A) In general.--The term `qualified motor vehicle interest' means any interest which is paid or accrued during the taxable year on any indebtedness which-- ``(i) is incurred after November 12, 2008, and before January 1, 2010, in acquiring any qualified motor vehicle of the taxpayer, and ``(ii) is secured by such qualified motor vehicle. Such term also includes any indebtedness secured by such qualified motor vehicle resulting from the refinancing of indebtedness meeting the requirements of the preceding sentence (or this sentence); but only to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness. ``(B) Dollar limitation.--The aggregate amount of indebtedness treated as described in subparagraph (A) for any period shall not exceed $49,500 ($24,750 in the case of a separate return by a married individual). ``(C) Income limitation.--The amount otherwise treated as interest under subparagraph (A) for any taxable year (after the application of subparagraph (B)) shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so treated as-- ``(i) the excess (if any) of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $125,000 ($250,000 in the case of a joint return), bears to ``(ii) $10,000. For purposes of the preceding sentence, the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(D) Qualified motor vehicle.--The term `qualified motor vehicle' means a passenger automobile (within the meaning of section 30B(h)(3)) or a light truck (within the meaning of such section)-- ``(i) which is acquired for use by the taxpayer and not for resale after November 12, 2008, and before January 1, 2010, ``(ii) the original use of which commences with the taxpayer, and ``(iii) which has a gross vehicle weight rating of not more than 8,500 pounds.''. (c) Deduction Allowed Above-the-Line.--Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (21) the following new paragraph: ``(22) Qualified motor vehicle interest.--The deduction allowed under section 163 by reason of subsection (h)(2)(G) thereof.''. (d) Reporting of Qualified Motor Vehicle Interest.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6050X. RETURNS RELATING TO QUALIFIED MOTOR VEHICLE INTEREST RECEIVED IN TRADE OR BUSINESS FROM INDIVIDUALS. ``(a) Qualified Motor Vehicle Interest.--Any person-- ``(1) who is engaged in a trade or business, and ``(2) who, in the course of such trade or business, receives from any individual interest aggregating $600 or more for any calendar year on any indebtedness secured by a qualified motor vehicle (as defined in section 163(h)(5)(D)), shall make the return described in subsection (b) with respect to each individual from whom such interest was received at such time as the Secretary may by regulations prescribe. ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, ``(2) contains-- ``(A) the name and address of the individual from whom the interest described in subsection (a)(2) was received, ``(B) the amount of such interest received for the calendar year, and ``(C) such other information as the Secretary may prescribe. ``(c) Application to Governmental Units.--For purposes of subsection (a)-- ``(1) Treated as persons.--The term `person' includes any governmental unit (and any agency or instrumentality thereof). ``(2) Special rules.--In the case of a governmental unit or any agency or instrumentality thereof-- ``(A) subsection (a) shall be applied without regard to the trade or business requirement contained therein, and ``(B) any return required under subsection (a) shall be made by the officer or employee appropriately designated for the purpose of making such return. ``(d) Statements To Be Furnished to Individuals With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing-- ``(1) the name, address, and phone number of the information contact of the person required to make such return, and ``(2) the aggregate amount of interest described in subsection (a)(2) received by the person required to make such return from the individual to whom the statement is required to be furnished. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. ``(e) Returns Which Would Be Required To Be Made by 2 or More Persons.--Except to the extent provided in regulations prescribed by the Secretary, in the case of interest received by any person on behalf of another person, only the person first receiving such interest shall be required to make the return under subsection (a).''. (2) Amendments relating to penalties.-- (A) Section 6721(e)(2)(A) of such Code is amended by striking ``or 6050L'' and inserting ``6050L, or 6050X''. (B) Section 6722(c)(1)(A) of such Code is amended by striking ``or 6050L(c)'' and inserting ``6050L(c), or 6050X(d)''. (C) Subparagraph (B) of section 6724(d)(1) of such Code is amended by redesignating clauses (xvi) through (xxii) as clauses (xvii) through (xxiii), respectively, and by inserting after clause (xii) the following new clause: ``(xvi) section 6050X (relating to returns relating to qualified motor vehicle interest received in trade or business from individuals),''. (D) Paragraph (2) of section 6724(d) of such Code is amended by striking the period at the end of subparagraph (DD) and inserting ``, or'' and by inserting after subparagraph (DD) the following new subparagraph: ``(EE) section 6050X(d) (relating to returns relating to qualified motor vehicle interest received in trade or business from individuals).''. (3) Clerical amendment.--The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6050W the following new item: ``Sec. 6050X. Returns relating to qualified motor vehicle interest received in trade or business from individuals.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 2. ABOVE-THE-LINE DEDUCTION FOR STATE SALES TAX AND EXCISE TAX ON THE PURCHASE OF CERTAIN MOTOR VEHICLES. (a) In General.--Subsection (a) of section 164 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (5) the following new paragraph: ``(6) Qualified motor vehicle taxes.''. (b) Qualified Motor Vehicle Taxes.--Subsection (b) of section 164 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Qualified motor vehicle taxes.-- ``(A) In general.--For purposes of this section, the term `qualified motor vehicle taxes' means any State or local sales or excise tax imposed on the purchase of a qualified motor vehicle (as defined in section 163(h)(5)(D)). ``(B) Income limitation.--The amount otherwise taken into account under subparagraph (A) for any taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so treated as-- ``(i) the excess (if any) of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $125,000 ($250,000 in the case of a joint return), bears to ``(ii) $10,000. For purposes of the preceding sentence, the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Qualified motor vehicle taxes not included in cost of acquired property.--The last sentence of subsection (a) shall not apply to any qualified motor vehicle taxes. ``(D) Coordination with general sales tax.--This paragraph shall not apply in the case of a taxpayer who makes an election under paragraph (5) for the taxable year.''. (c) Conforming Amendments.--Paragraph (5) of section 163(h) of the Internal Revenue Code of 1986, as added by section 1, is amended-- (1) by adding at the end the following new subparagraph: ``(E) Exclusion.--If the indebtedness described in subparagraph (A) includes the amounts of any State or local sales or excise taxes paid or accrued by the taxpayer in connection with the acquisition of a qualified motor vehicle, the aggregate amount of such indebtedness taken into account under such subparagraph shall be reduced, but not below zero, by the amount of any such taxes for which a deduction is allowed under section 164(a) by reason of paragraph (6) thereof.'', and (2) by inserting ``, after the application of subparagraph (E),'' after ``for any period'' in subparagraph (B). (d) Deduction Allowed Above-the-Line.--Section 62(a) of the Internal Revenue Code of 1986, as amended by section 1, is amended by inserting after paragraph (22) the following new paragraph: ``(23) Qualified motor vehicle taxes.--The deduction allowed under section 164 by reason of subsection (a)(6) thereof.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008.

Amends the Internal Revenue Code to allow individual taxpayers a deduction from gross income for: (1) interest paid on indebtedness (up to $49,500) incurred after November 12, 2008, and before January 1, 2010, for the purchase of a motor vehicle (i.e., passenger automobile or light truck) with a gross vehicle weight rating of not more than 8,500 pounds; and (2) state and local sales and excise taxes imposed on the purchase of such a motor vehicle.

A bill to amend the Internal Revenue Code of 1986 to allow an above-the-line deduction against individual income tax for interest on indebtedness and for State sales and excise taxes with respect to the purchase of certain motor vehicles.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Retiree Health Care Task Force Act of 1998''. SEC. 2. ESTABLISHMENT. There is established a task force to be known as the ``Medicare Eligible Military Retiree Health Care Consensus Task Force'' (in this Act referred to as the ``Task Force''). SEC. 3. DUTIES OF TASK FORCE. (a) Study.--It shall be the duty of the Task Force to conduct a comprehensive legal and factual study of the following matters: (1) Promises, commitments, or representations made to members of the Uniformed Services by Department of Defense personnel with respect to health care coverage of such members and their families after separation from the Uniformed Services. (2) Sharing agreements and contracts between the Department of Defense and the Department of Veterans Affairs regarding health care coverage for military retirees and their dependents. (3) Proposals to provide for a full continuum of health care coverage for medicare eligible military retirees and their dependents, including any such proposal developed by the Department of Defense. (b) Report.--Not later than one year after the Task Force first meets, the Task Force shall submit a report to Congress which shall contain a detailed statement of findings and conclusions of the Task Force with respect to the studies conducted under subsection (a), together with its recommendations for such legislative and administrative actions as it considers appropriate. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Task Force shall be composed of 12 members appointed as follows: (1) The Speaker of the House of Representatives and the minority leader of the House of Representatives shall jointly appoint nine members from among qualified individuals as follows: (A) Two members shall be representatives of veterans service organizations. (B) Three members shall be representatives of military associations with retired enlisted members. (C) One member shall be a representative of a retired officers association. (D) Three members shall be health care professionals. (2) The Secretary of Defense shall appoint one member from among officers or employees of the Department of Defense. (3) The Secretary of Veterans Affairs shall appoint one member from among officers or employees of the Department of Veterans Affairs. (4) The Secretary of Health and Human Services shall appoint one member from among officers or employees of the Department of Health and Human Services. (5) Not more than 6 members appointed under this subsection may be of the same political party. (b) Deadline for Appointment.--Members of the Task Force shall be appointed by not later than 90 days after the date of the enactment of this Act. (c) Terms of Appointment.--The term of any appointment under subsection (a) to the Task Force shall be for the life of the Task Force. (d) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A vacancy in the Task Force shall be filled in the manner in which the original appointment was made. (e) Waiver of Limitation on Executive Schedule Positions.-- Appointments may be made under this section without regard to section 5311(b) of title 5, United States Code. (f) Continuation of Membership.--If a member was appointed to the Task Force as a Member of Congress and the member ceases to be a Member of Congress, or was appointed to the Task Force because the member was not an officer or employee of any government and later becomes an officer or employee of a government, that member may continue as a member. (g) Compensation.--Members of the Task Force shall receive no additional pay, allowances, or benefits by reason of their service on the Task Force. (h) Expenses.--Each Member of the Task Force shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (i) Quorum.--Seven members of the Task Force shall constitute a quorum but a lesser number may hold hearings. (j) Chairperson.--As the first order of business at the first meeting of the Task Force, the members of the Task Force shall elect a chairperson from among the members. (k) Meetings.--The Task Force shall meet at the call of the Chairperson or a majority of its members. SEC. 5. STAFF OF TASK FORCE AND SUPPORT SERVICES. (a) Director.--The Task Force shall, without regard to section 5311(b) of title 5, United States Code, have a Director who shall be appointed by the Chairperson. The Director shall be paid at the minimum annual rate of basic pay payable for GS-15 of the General Schedule. (b) Staff.--With the approval of the Chairperson of the Task Force, the Director may appoint and fix the pay of not more than eight additional personnel. (c) Applicability of Certain Civil Service Laws.--The staff of the Task Force may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the minimum annual rate of basic pay payable for GS-13 of the General Schedule. (d) Staff of Federal Agencies.--Upon request of the Chairperson, the head of any department or agency of the United States may detail, on a reimbursable basis, any of the personnel of that department or agency to the Task Force to assist it in carrying out its duties under this Act. SEC. 6. POWERS OF TASK FORCE. (a) Hearings and Sessions.--The Task Force may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Task Force considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Task Force may, if authorized by the Task Force, take any action which the Task Force is authorized to take by this section. (c) Obtaining Official Data.--The Task Force may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Task Force, the head of that department or agency shall furnish that information to the Task Force. (d) Mails.--The Task Force may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Task Force, the Administrator of General Services shall provide to the Task Force, on a reimbursable basis, the administrative support services necessary for the Task Force to carry out its responsibilities under this Act. (f) Contract Authority.--The Task Force may contract with and compensate government and private agencies or persons for supplies or services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. TERMINATION. The Task Force shall terminate 90 days after submitting the report under section 3(b).

Military Retiree Health Care Task Force Act of 1998 - Establishes the Medicare Eligible Military Retiree Health Care Consensus Task Force to study and report to the Congress on matters relating to health care coverage of retired military personnel and their families, Federal sharing agreements relating to such care, and proposals to provide a full continuum of such coverage to Medicare-eligible military retirees and their dependents.

Military Retiree Health Care Task Force Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chronic Wasting Disease State Support Act of 2002''. SEC. 2. DEFINITION OF CHRONIC WASTING DISEASE. In this Act, the term ``chronic wasting disease'' means the animal disease afflicting deer and elk that-- (1) is a transmissible disease of the nervous system resulting in distinctive lesions in the brain; and (2) belongs to the group of diseases known as transmissible spongiform encephalopathies, which group includes scrapie, bovine spongiform encephalopathy, and Cruetzfeldt-Jakob disease. SEC. 3. FINDINGS. Congress finds the following: (1) Pursuant to State and Federal law, the States retain undisputed primacy and policy-making authority with regard to wildlife management, and nothing in this Act interferes with or otherwise affects the primacy of the States in managing wildlife generally, or managing, surveying, and monitoring the incidence of chronic wasting disease. (2) Chronic wasting disease, the fatal neurological disease found in cervids, is a fundamental threat to the health and vibrancy of deer and elk populations, and the increased occurrence of chronic wasting disease in regionally diverse locations in recent months necessitates an escalation in research, surveillance, monitoring, and management activities focused on containing, managing, and eradicating this lethal disease. (3) As the States move to manage existing incidence of chronic wasting disease and insulate non-infected wild and captive cervid populations from the disease, the Federal Government should endeavor to provide integrated and holistic financial and technical support to these States. (4) In its statutory role as supporting agent, relevant Federal agencies should provide consistent, coherent, and integrated support structures and programs for the benefit of State wildlife and agricultural administrators, as chronic wasting disease can move freely between captive and wild cervids across the broad array of Federal, State, and local land management jurisdictions. (5) The Secretary of the Interior, the Secretary of Agriculture, and other affected Federal authorities can provide consistent, coherent, and integrated support systems under existing legal authorities. TITLE I--DEPARTMENT OF THE INTERIOR ACTIVITIES SEC. 101. COMPUTER MODELING OF DISEASE SPREAD IN WILD CERVID POPULATIONS. (a) Modeling Program Required.--The Secretary of the Interior shall establish a modeling program to predict the spread of chronic wasting disease in wild deer and elk in the United States. (b) Role.--Computer modeling shall be used to identify areas of potential disease concentration and future outbreak and shall be made available for the purposes of targeting public and private chronic wasting disease control efforts. (c) Data Integration.--Information shall be displayed in a GIS format to support management use of modeling results, and shall be displayed integrated with the following: (1) Land use data. (2) Soils data. (3) Elevation data. (4) Environmental conditions data. (5) Wildlife data. (6) Other data as appropriate. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior $1,000,000 under this section. SEC. 102. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF CHRONIC WASTING DISEASE IN WILD HERDS OF DEER AND ELK. (a) Program Development.--Using existing authorities, the Secretary of the Interior, acting through the United States Geological Survey, shall conduct a surveillance and monitoring program on Federal lands managed by the Secretary to identify-- (1) the incidence of chronic wasting disease infection in wild herds of deer and elk; (2) the cause and extent of the spread of the disease; and (3) potential reservoirs of infection and vectors promoting the spread of the disease. (b) Tribal Assistance.--In developing the surveillance and monitoring program for wild herds on Federal lands, the Secretary of the Interior shall provide assistance to tribal governments or tribal government entities responsible for managing and controlling chronic wasting disease in wildlife on tribal lands. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior $3,000,000 to establish and support the surveillance and monitoring program. TITLE II--DEPARTMENT OF AGRICULTURE ACTIVITIES SEC. 201. NATIONAL REPOSITORY OF INFORMATION REGARDING CHRONIC WASTING DISEASE. (a) Information Repository.--The United States Department of Agriculture, using existing authorities, shall develop and maintain an interactive, Internet-based web site that displays-- (1) surveillance and monitoring program data regarding chronic wasting disease in both wild and captive cervid populations and other wildlife that are collected by the Department of Agriculture, the Department of the Interior, other Federal agencies, and State agencies assisted under this Act; (2) modeling information regarding the spread of chronic wasting disease in the United States; and (3) other relevant information regarding chronic wasting disease received from other sources. (b) Information Sharing Policy.--The national repository shall be available as a resource for Federal and State agencies responsible for managing and controlling chronic wasting disease and for institutions of higher education and other public or private research entities conducting research regarding chronic wasting disease. Data from the repository shall be made available to other Federal agencies, State agencies and the general public upon request. SEC. 202. SAMPLING AND TESTING PROTOCOLS. (a) Sampling Protocol.--Within 30 days of enactment of this Act, the Secretary of Agriculture shall release guidelines for the use by Federal, State, tribal and local agencies for the collection of animal tissue to be tested for chronic wasting disease. Guidelines shall include, at a minimum, procedures for the collection and stabilization of tissue samples for transport for laboratory assessment. Such guidelines shall be updated as necessary. (b) Testing Protocol.--Within 30 days of enactment of this Act, the Secretary of Agriculture shall release a protocol to be used in the laboratory assessment of samples of animal tissue that may be contaminated with chronic wasting disease. (c) Laboratory Certification.--Within 45 days of enactment of this Act, the Secretary of Agriculture shall develop a program for the inspection and certification of Federal and non-Federal laboratories conducting chronic wasting disease tests. (d) Development of New Tests.--The Secretary of Agriculture shall accelerate research into the development of live animal tests for chronic wasting disease, including field diagnostic tests, and the development of testing protocols that reduce laboratory test processing time. SEC. 203. ERADICATION OF CHRONIC WASTING DISEASE IN HERDS OF DEER AND ELK. (a) Captive Herd Program Development.--The Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, shall develop a program to identify the rate of chronic wasting disease infection in captive herds of deer and elk, the cause and extent of the spread of the disease, and potential reservoirs of infection and vectors promoting the spread of the disease. (1) Implementation.--The Secretary of Agriculture shall provide financial and technical assistance to States and tribal governments to implement surveillance and monitoring program for captive herds. (2) Cooperation.--In developing the surveillance and monitoring program for captive herds, the Secretary of Agriculture shall cooperate with State agencies responsible for managing and controlling chronic wasting disease in captive wildlife. Grantees under this section shall submit to the Secretary of Agriculture a plan for monitoring chronic wasting disease in captive wildlife and reducing the risk of disease spread through captive wildlife transport. As a condition of awarding aid under this section, the Secretary of Agriculture may prohibit or restrict the-- (A) movement in interstate commerce of any animal, article, or means of conveyance if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of chronic wasting disease; and (B) use of any means of conveyance or facility in connection with the movement in interstate commerce of any animal or article if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of chronic wasting disease. (3) Coordination.--The Secretary of Agriculture, in cooperation with the Secretary of the Interior, shall establish uniform standards for the collection and assessment of samples and data derived from the surveillance and monitoring program. (b) Wild Herd Program.--The Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, shall, consistent with existing authority, assist States in reducing the incidence of chronic wasting disease infection in wild herds of deer and elk. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $2,000,000 to conduct activities under this section. SEC. 204. EXPANSION OF DIAGNOSTIC TESTING CAPACITY. (a) Purpose.--Diagnostic testing will continue to be conducted on samples collected under the surveillance and monitoring programs regarding chronic wasting disease conducted by the States and the Federal Government, including the programs required by this Act, but current laboratory capacity is inadequate to process the anticipated sample load. (b) Upgrading of Federal Facilities.--The Secretary of Agriculture shall provide for the upgrading of Federal laboratories to facilitate the timely processing of samples from the surveillance and monitoring programs required by this Act and related epidemiological investigation in response to the results of such processing. (c) Upgrading of Certified Laboratories.--Using the grant authority provided under section 2(d) of the Competitive, Special and Facilities Research Grant Act (7 U.S.C. 450i(d)), the Secretary of Agriculture shall make grants to provide for the upgrading of laboratories certified by the Secretary to facilitate the timely processing of samples from surveillance and monitoring programs and related epidemiological investigation in response to the results of such processing. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $7,500,000 to carry out this section. SEC. 205. EXPANSION OF AGRICULTURAL RESEARCH SERVICE RESEARCH. (a) Expansion.--The Secretary of Agriculture, acting through the Agricultural Research Service, shall expand and accelerate basic research on chronic wasting disease, including research regarding detection of chronic wasting disease, genetic resistance, tissue studies, and environmental studies. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $1,000,000 to carry out this section. SEC. 206. EXPANSION OF COOPERATIVE STATE RESEARCH, EDUCATION AND EXTENSION SERVICE SUPPORTED RESEARCH AND EDUCATION. (a) Research Efforts.--The Secretary of Agriculture, acting through the Cooperative State Research, Education and Extension Service, shall expand the grant program regarding research on chronic wasting disease. (b) Educational Efforts.--The Secretary of Agriculture shall provide educational outreach regarding chronic wasting disease to the general public, industry and conservation organizations, hunters, and interested scientific and regulatory communities. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture-- (1) $3,000,000 to carry out subsection (a); and (2) $1,000,000 to carry out subsection (b). TITLE III--GENERAL PROVISIONS SEC. 301. INTERAGENCY COORDINATION. (a) In General.--Within 60 days of enactment after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior, shall enter into a cooperative agreement for the purpose of coordinating actions and disbursing funds authorized under section 302 of this title to prevent the spread of chronic wasting disease and related diseases in the United States. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretaries shall submit to Congress a report that-- (1) describes actions that are being taken, and will be taken, to prevent the further outbreak of chronic wasting disease and related diseases in the United States; and (2) contains any additional recommendations for additional legislative and regulatory actions that should be taken to prevent the spread of chronic wasting disease in the United States. SEC. 302. INTERAGENCY GRANTS FOR STATE AND TRIBAL EFFORTS TO MANAGE CHRONIC WASTING DISEASE IN WILDLIFE. (a) Availability of Assistance.--As a condition of the cooperative agreement described in section 301, the Secretary of Agriculture and the Secretary of the Interior shall develop a grant program to allocate funds appropriated to carry out this section directly to the State agency responsible for wildlife management in each State that petitions the Secretary for a portion of such fund to develop and implement long term management strategies to address chronic wasting disease in wildlife. (b) Funding Priorities.--In determining the amounts to be allocated to grantees under subsection (a), priority shall be given based on the following criteria: (1) Relative scope of incidence of chronic wasting disease in the State, with priority given to those jurisdictions with the highest incidence of the disease. (2) Expenditures on chronic wasting disease management, monitoring, surveillance, and research, with priority given to those States and tribal governments that have shown the greatest financial commitment to managing, monitoring, surveying, and researching chronic wasting disease. (3) Comprehensive and integrated policies and programs focused on chronic wasting disease management between involved State wildlife and agricultural agencies and tribal governments, with priority given to grantees that have integrated the programs and policies of all involved agencies related to chronic wasting disease management. (4) Rapid response to new outbreaks of chronic wasting disease, whether occurring in States in which chronic wasting disease is already found or States with first infections, with the intent of containing the disease in any new area of infection. (c) Authorization of Appropriations.--There are authorized to be appropriated $10,000,000 to carry out this subsection. SEC. 303. RULEMAKING. (a) Joint Rulemaking.--To ensure that the surveillance and monitoring programs and research programs required by this Act are compatible and that information collection is carried out in a manner suitable for inclusion in the national database required by section 201, the Secretary of the Interior and the Secretary of Agriculture shall jointly promulgate rules to implement this Act. (b) Procedure.--The promulgation of the rules shall be made without regard to-- (1) chapter 35 of title 44, United States Code 13 (commonly know as the ``Paperwork Reduction Act''); (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) the notice and comment provisions of section 553 of title 5, United States Code. (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary of the Interior and the Secretary of Agriculture shall use the authority provided under section 808 of title 5, United States Code. (d) Relation to Other Rulemaking and Law.--The requirement for joint rulemaking shall not be construed to require any delay in the promulgation by the Secretary of Agriculture of rules regarding the interstate transportation of captive deer or elk or to effect any other rule or public law implemented by the Secretary of Agriculture or the Secretary of the Interior regarding chronic wasting disease before the date of the enactment of this Act.

Chronic Wasting Disease State Support Act of 2002 - Defines "chronic wasting disease" as a transmissible disease of the nervous system afflicting deer and elk. Directs the Secretary of the Interior to establish a modeling program to predict the spread of the disease.Directs the Secretary of the Interior (through the U.S. Geological Survey) to conduct a surveillance and monitoring program on Federal lands to identify: (1) the rate of infection in wild herds of deer and elk; (2) the cause and extent of the spread of the disease; and (3) areas promoting the disease.Directs the Secretary of Agriculture to develop and maintain a web site that displays surveillance and monitoring program data and modeling information.Directs the Secretary of Agriculture to develop: (1) guidelines for the collection of animal tissue samples; (2) a protocol to be used in the assessment of samples in the laboratory; and (3) a program for the inspection of laboratories conducting chronic wasting disease tests.Directs the Secretary of Agriculture (through the Animal and Plant Health Inspection Service) to develop a program to identify: (1) the rate of infection in captive herds of deer and elk; (2) the cause and extent of the spread of the disease; and (3) areas promoting the disease.Directs the Secretary of Agriculture: (1) to provide for the upgrading of Federal laboratories approved to process samples from the surveillance and monitoring programs.; and (2) expand and accelerate research on the disease through the Agricultural Research Service and Cooperative State Research grant program.Requires the Secretaries to enter a cooperative agreement and develop a grant program to allocate funds to State agencies responsible for wildlife management to develop and implement long term strategies to address the disease.

A bill to provide for a multi-agency cooperative effort to encourage further research regarding the causes of chronic wasting disease and methods to control the further spread of the disease in deer and elk herds, to monitor the incidence of the disease, to support State efforts to control the disease, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle East Peace Commitments Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 1993, the Palestine Liberation Organization (hereinafter in this title referred to as the ``PLO'') made the following commitments in an exchange of letters with the Prime Minister of Israel: (A) Recognition of the right of the State of Israel to exist in peace and security. (B) Acceptance of United Nations Security Council Resolutions 242 and 338. (C) Resolution of all outstanding issues in the conflict between the two sides through negotiations and exclusively peaceful means. (D) Renunciation of the use of terrorism and all other acts of violence and responsibility over all PLO elements and personnel in order to assure their compliance, prevent violations, and discipline violators. (2) The Palestinian Authority, the governing body of autonomous Palestinian territories, was created as a result of agreements between the PLO and the State of Israel that are a direct outgrowth of the commitments made in 1993. (3) The PLO made the following commitments in the Declaration of Principles on Interim Self-Government Arrangements of 1993, the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip of 1995, and the Wye River Memorandum of 1998: (A) To resolve disputes arising out of any agreements pertaining to the interim period by negotiations, arbitration, or other mutually agreed upon mechanisms of conciliation. (B) To take all measures necessary in order to prevent acts of terrorism, crime and hostilities directed against the State of Israel. (C) To abstain from incitement, including hostile propaganda, against the State of Israel, and to take legal measures to prevent such incitement by organizations, groups, or individuals under their control. (D) To arrest and prosecute individuals suspected of perpetrating acts of violence and terror and to punish all persons involved in acts of violence and terror. (E) To provide for the protection of Jewish holy sites in areas under the administration of the Palestinian Authority, as well as persons visiting them, and to ensure the peaceful use of such sites, to prevent any instances of disorder and to respond to any incident. (F) To prevent the establishment or operation in the West Bank or Gaza Strip of any armed force other than the Palestinian Police and Israeli military forces. (G) To establish, and vigorously and continually implement, a systematic program for the collection and appropriate handling of all illegal firearms, ammunition or weapons. (H) To maintain continuous intensive and comprehensive bilateral security cooperation with Israel. (4) The President of the United States witnessed and signed the Declaration of Principles on Interim Self-Government Arrangements of 1993, the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip of 1995, and the Wye River Memorandum of 1998, placing at issue the credibility and reputation of the United States with regard to the implementation of the agreements. (5) The United States has a longstanding, and enduring, vital national security interest in the peaceful resolution of the Israeli-Palestinian conflict, and to that end has provided the parties with its good offices and considerable financial assistance. (6) The State of Israel has made incontrovertible and extensive efforts to resolve its conflict with the PLO by negotiating in good faith and offering concessions of a magnitude to demonstrate conclusively its clear commitment to reaching a just and enduring settlement of the Israeli- Palestinian conflict. (7) The PLO's commitment to its freely accepted obligations, specified in paragraphs (1) and (3), has come into question as a result of the violence and mayhem occurring since September 28, 2000, creating significant doubt as to the PLO's commitment to the fundamental principle of resolving its conflict with the State of Israel exclusively through direct bilateral negotiations. SEC. 3. REPORTS. (a) In General.--The President shall, at the times specified in subsection (b), transmit to the appropriate congressional committees a report on compliance by the PLO or the Palestinian Authority, as appropriate, with each of the commitments specified in section 2(1) and 2(3). The report shall include, with respect to each such commitment, the determination of the President as to whether or not the PLO or the Palestinian Authority, as appropriate, has complied with that commitment during the period since the submission of the preceding report or, in the case of the initial report, during the preceding six- month period. In the event that the President imposed one or more sanctions under section 4 during the period covered by the report, the report shall include a description of the each such sanction imposed. (b) Transmission.--The initial report required under subsection (a) shall be transmitted not later than 30 days after the date of enactment of this Act. Each subsequent report shall be submitted on the date on which the President is next required to submit a report under the P.L.O. Commitments Compliance Act of 1989 (title VIII of Public Law 101-246) and may be combined with such report. SEC. 4. IMPOSITION OF SANCTIONS. (a) In General.--If, in any report transmitted pursuant to section 3, the President determines that the PLO or the Palestinian Authority, as appropriate, has not complied with each of the commitments specified in section 2(1) and 2(3), or if the President fails to make a determination with respect to such compliance, the President shall, for a period of time not less than the period described in subsection (b), impose one or more of the following sanctions: (1) Denial of visas to plo and palestinian authority officials.--The Secretary of State shall not issue a visa to any member of the PLO or any official of the Palestinian Authority. (2) Downgrade in status of plo office in the united states.--Notwithstanding any other provision of law, the President shall withdraw or terminate any waiver by the President of the requirements of section 1003 of the Foreign Relations Authorization Act of 1988 and 1989 (22 U.S.C. 5202) (prohibiting the establishment or maintenance of a Palestinian information office in the United States), and such section shall apply so as to prohibit the operation of a PLO or Palestinian Authority office in the United States from carrying out any function other than those functions carried out by the Palestinian information office in existence prior to the Oslo Accords. (3) Designation as a foreign terrorist organization.--The President shall designate the PLO, or one or more of its constituent groups (including Fatah and Tanzim) or groups operating as arms of the Palestinian Authority (including Force 17) as a foreign terrorist organization, in accordance with section 219(a) of the Immigration and Nationality Act. (4) Prohibition on united states assistance to the west bank and gaza.--United States assistance (except humanitarian assistance) shall not be provided to programs or projects in the West Bank or Gaza. (b) Duration of Sanctions.--The period of time referred to in subsection (a) is the period of time commencing on the date that the report pursuant to section 3 was transmitted and ending on the later of-- (1) the date that is six months after such date; or (2) the date that the next report under section 3 is required to be transmitted. (c) Waiver Authority.--The President may waive any or all of the sanctions imposed under subsection (a) if the President determines that such a waiver is in the national security interest of the United States. The President shall report such a determination to the appropriate congressional committees.

Middle East Peace Commitments Act of 2001 - Imposes specified sanctions with respect to the Palestine Liberation Organization (PLO) or the Palestinian Authority if the President determines that such entities have not complied with certain commitments made with Israel. Authorizes the President to waive such sanctions in the U.S. national security interest.

To require the imposition of sanctions with respect to the Palestine Liberation Organization (PLO) or the Palestinian Authority if the President determines that these entities have not complied with certain commitments made by the entities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Recovery Act of 2005''. SEC. 2. PURPOSES. The purposes of this act are to accelerate the reemployment and employment of individuals affected by Hurricanes Katrina and Rita, and provide such individuals with enhanced flexibility, choice, and control in obtaining intensive reemployment, training, and supportive services. SEC. 3. GRANTS TO SUPPORT WORKER RECOVERY ACCOUNTS. Subtitle F of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) is amended by redesignating subtitle F as subtitle G and inserting after subtitle E the following: ``Subtitle F--Temporary Program to Provide Worker Recovery Accounts to Workers Affected by a Gulf Hurricane Disaster ``SEC. 196. ESTABLISHMENT OF WORKER RECOVERY ACCOUNTS GRANT PROGRAM. ``(a) In General.--The Secretary shall make grants to eligible entities to provide worker recovery accounts to eligible individuals in accordance with this subtitle in order to meet the employment and training needs of individuals affected by Hurricane Katrina or Hurricane Rita. ``(b) Eligible Entities.--For purposes of this subtitle, an eligible entity means-- ``(1) the States of Louisiana, Mississippi, Alabama, and Texas; ``(2) States to which a significant number of individuals described in subsection (d)(2)(A)(i) and (ii) have relocated; and ``(3) a local board or a consortium of local boards established in a local area or areas-- ``(A) within the boundaries of which is an area that has been declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) as a result of Hurricane Katrina or Hurricane Rita and where the President has determined payment of assistance under section 410(a) of such Act is warranted; or ``(B) to which a significant number of individuals described in subsection (d)(2)(A)(i) and (ii) have relocated. ``(c) Use of Grant Funds.-- ``(1) In general.--An eligible entity that receives a grant under this subtitle shall use the grant funds to provide, through a local area or areas, eligible individuals with worker recovery accounts. An eligible individual may receive only 1 worker recovery account. ``(2) Amount in accounts.--The eligible entity shall establish the amount to be provided for each worker recovery account, which shall be uniform throughout the State or local area and shall not be in excess of $5,000. ``(3) Limitation on administrative costs.--Of the amount awarded to an eligible entity under a grant under this subtitle, not more than 5 percent of the amount may be used for the costs of administration. ``(d) Eligible Individuals.-- ``(1) In general.--Each eligible entity shall establish eligibility criteria for individuals for worker recovery accounts in accordance with this subsection. ``(2) Eligibility criteria requirements.-- ``(A) In general.--An individual shall be eligible to receive a worker recovery account under a grant awarded under this subtitle if the individual-- ``(i)(I) was employed in a county in Mississippi or Alabama, or a parish in Louisiana, where a major disaster has been declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) as a result of Hurricane Katrina and where the President has determined payment of assistance under section 410(a) of such Act is warranted; or ``(II) was employed in a county in Texas or a parish in Louisiana where a major disaster has been declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act as a result of Hurricane Rita and where the President has determined payment of assistance under section 410(a) of such Act is warranted; ``(ii) has lost the employment described in clause (i) as a direct result of a Hurricane Katrina or Hurricane Rita; and ``(iii) either ``(I)(aa) has been identified by the State pursuant to section 303(j)(1) of the Social Security Act (42 U.S.C. 503(j)(1)) as likely to exhaust regular unemployment compensation and in need of job search assistance to make a successful transition to new employment; ``(bb) is receiving regular unemployment compensation as defined in section 205(2) of the Federal-State Extended Unemployment Compensation Act of 1970; and ``(cc) filed the claim for unemployment compensation not later than 9 months after the declaration of the major disaster described in clause (i); or ``(II) is receiving disaster unemployment assistance under section 410(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5177(a)). ``(B) Additional eligibility and priority criteria.--An eligible entity may establish criteria that are in addition to the criteria described in subparagraph (A) for the eligibility of individuals to receive a worker recovery account under this subtitle. An eligible entity may also establish criteria for priority in the provision of a worker recovery account to such eligible individuals under a grant awarded under this subtitle. ``(3) No individual entitlement.--Nothing in this subtitle shall be construed to entitle any individual to receive a worker recovery account. ``(e) Administration.-- ``(1) Information and attestation.--Prior to the establishment of a worker recovery account for an eligible individual, the eligible entity receiving a grant, through the one-stop delivery system in the participating local area or areas, shall ensure that the individual-- ``(A) is informed of the requirements applicable to the worker recovery account, including the allowable uses of funds from the account, the limitations on access to services described in section 196B and a description of such services, and the conditions for receiving a reemployment bonus; ``(B) has the option to develop a worker recovery plan which will identify the employment goals and appropriate combination of services selected by the individual to achieve the employment goals; and ``(C) signs an attestation that the individual has been given the option to develop a worker recovery plan in accordance with subparagraph (B), will comply with the requirements under this subtitle relating to the worker recovery accounts, and will reimburse the account or, if the account has been terminated, the grant awarded under this subtitle, for any amounts expended from the account that are not allowable. ``(2) Periodic interviews.--If a recipient exhausts his or her rights to any unemployment compensation and the recipient has a remaining balance in his or her worker recovery account, the one-stop delivery system shall conduct periodic interviews with the recipient to assist the recipient in meeting his or her individual employment goals. ``(3) Use of worker recovery accounts.--The eligible entity receiving a grant shall ensure that eligible individuals receiving a worker recovery account use the account in accordance with section 196B. ``SEC. 196A. APPLICATION FOR GRANTS. ``To be eligible to receive a grant under this subtitle, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including at a minimum-- ``(1) if the eligible entity is a State-- ``(A) assurance that the application was developed in conjunction with the local board or boards and chief elected officials where the worker recovery accounts shall be made available; and ``(B) a description of the methods and procedures for providing funds, including administrative funds, to local areas where the worker recovery accounts shall be made available; ``(2) a description of the criteria and methods to be used for determining eligibility for the worker recovery account, including the additional criteria and priority for service that the eligible entity intends to apply, if any, pursuant to section 196(d)(2)(B); ``(3) a description of the methods or procedures to be used to provide eligible individuals information relating to services and providers; ``(4) a description of safeguards to ensure that funds from the worker recovery accounts are used for purposes authorized under this subtitle and to ensure the quality and integrity of services and providers, consistent with the purpose of providing eligible individuals with enhanced flexibility, choice, and control in obtaining intensive reemployment, training, and supportive services; ``(5) a description of how the eligible entity will coordinate the activities carried out under this subtitle with the employment and training activities carried out under section 134 and other activities carried out by local boards through the one-stop delivery system in the State or local area; and ``(6) an assurance that the eligible entity will comply with any evaluation and reporting requirements the Secretary may require. ``SEC. 196B. USE OF WORKER RECOVERY ACCOUNTS. ``(a) Allowable Activities.-- ``(1) In general.--Subject to the requirements contained in paragraphs (2) and (3), a recipient of a worker recovery account may use amounts in a worker recovery account to purchase 1 or more of the following: ``(A) Intensive services, including those type of services specified in section 134(d)(3)(C). ``(B) Training services, including those types of services specified in section 134(d)(4)(D). ``(C) Supportive services (except for needs related payments) and relocation assistance. ``(2) Delivery of services.--The following requirements relating to delivery of services shall apply to the grants under this subtitle: ``(A) Recipients may use funds from the worker recovery account to purchase the services described in paragraph (1) through the one-stop delivery system on a fee-for-service basis, or through other providers, consistent with the safeguards described in section 196A(d). ``(B) The eligible entity, through the one-stop delivery system in the participating local area or areas, may pay costs for such services directly on behalf of the recipient, through a voucher system, through arrangements with private financial institutions, or by reimbursement to the recipient upon receipt of appropriate cost documentation. ``(C) Each eligible entity, through the one-stop delivery system in the participating local area or areas, shall make available to recipients information on training providers, including information specified in section 134(d)(4)(F)(ii), information available to the one-stop delivery system on providers of the intensive and supportive services described in paragraph (1), including child care, and information relating to occupations in demand in the local area and occupations in demand in the home State of an individual who has relocated. ``(3) Limitations.--The following limitations shall apply with respect to worker recovery accounts under this subtitle: ``(A) Amounts in a worker recovery account may be used for up to 1 year from the date of the establishment of the account. ``(B) Each recipient shall submit cost documentation as required by the one-stop delivery system. ``(C) For the 1-year period following the establishment of the account, recipients may not receive intensive, supportive, or training services funded under title I of this Act except on a fee-for- services basis as specified in paragraph (2)(A). ``(D) Amounts in a worker recovery account shall be nontransferable. ``(b) Reemployment Bonus.-- ``(1) In general.--Subject to paragraph (2), if a recipient determined eligible under section 196(d) obtains full-time employment before the 13th week of unemployment for which unemployment compensation (including disaster unemployment assistance) is paid, or if such individual was already receiving unemployment compensation (including disaster unemployment assistance) on the date of enactment of this subtitle and obtains full-time employment before the 13th week after the week in which the worker recovery account is established, the balance of his or her worker recovery account in an amount not to exceed $1,000 shall be provided directly to the recipient in cash. ``(2) Limitations.--The following limitations shall apply with respect to a recipient described in paragraph (1): ``(A) 60 percent of the remaining worker recovery account balance as determined under paragraph (1), up to a maximum of $600, shall be paid to the recipient at the time of employment. ``(B) 40 percent of the remaining worker recovery account balance as determined under paragraph (1), up to a maximum of $400, shall be paid to the recipient after 26 weeks of employment retention. ``(3) Exception regarding subsequent employment.--If a recipient described in paragraph (1) subsequently becomes unemployed due to a lack of work after receiving the portion of the reemployment bonus specified under paragraph (2)(A), the individual may use the amount remaining in the worker recovery account for the purposes described in subsection (a) but may not be eligible for additional cash payments under this subparagraph. ``SEC. 196C. PROGRAM INFORMATION AND EVALUATION. ``(a) Information.--The Secretary may require eligible entities receiving a grant under this subtitle to collect and report on such financial, performance, and other program-related information as the Secretary determines is appropriate to carry out this subtitle, including the evaluation described in subsection (b). ``(b) Evaluation.-- ``(1) In general.--The Secretary, pursuant to the authority provided in section 172, shall, directly or through grants, contracts, or cooperative agreement with appropriate entities, conduct an evaluation of the activities carried out under any grants awarded under this subtitle. ``(2) Report.--The Secretary shall report to Congress relating to the results of the evaluations required under paragraph (1), which shall include any recommendations the Secretary deems appropriate with respect to the use of worker recovery account as a mechanism to assist individuals in obtaining and retaining employment. ``SEC. 196D. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this subtitle $650,000,000 for fiscal year 2006. ``(b) Availability of Funds.-- Funds authorized under this subtitle shall be available for obligation upon the date of enactment of the appropriation and shall remain available for obligation until September 30, 2006 and for expenditure until September 30, 2007.''.

Worker Recovery Act of 2005 - Amends the Workforce Investment Act of 1998 to establish a temporary program to provide worker recovery accounts to workers affected by a Gulf hurricane disaster. Directs the Secretary of Labor to make grants to eligible entities to provide such accounts to eligible individuals affected by Hurricane Katrina or Hurricane Rita, in order to meet such individuals' employment and training needs.

To accelerate the reemployment and employment of individuals affected by Hurricanes Katrina and Rita by establishing grants to eligible entities to provide worker recovery accounts to eligible individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Over-Criminalization Act of 2015''. SEC. 2. PURPOSE. The purpose of this Act is to reduce the size, scope and complexity of the Federal criminal code. In order to ensure that honest mistakes by individuals who are not morally blameworthy do not result in criminal charges, the Act establishes a default criminal state of mind requirement for all Federal criminal offenses, and allows a mistake of law defense for situations in which the defendant did not know, and a reasonable person would not have known, that the action was a crime. Currently, Federal crimes, including executive rules that carry criminal penalties are scattered throughout the Federal code and register. To enable all Americans to access and view Federal crimes, the Act requires the creation of a Federal inventory that lists all Federal criminal offenses, including agency rules that define criminal offenses. To uphold the role of Congress in defining what constitutes a Federal crime, the Act holds that no rule of the executive branch defining or establishing a criminal offense shall have force or effect unless approved by both branches of Congress. SEC. 3. CLARIFICATION OF DEFAULT MENS REA FOR FEDERAL OFFENSES. (a) In General.--Chapter 1 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 28. Default mens rea requirement ``(a) Knowing State of Mind Generally Required.--For the purposes of a Federal offense, unless otherwise specifically provided in the provision of law defining the offense, the state of mind required for a conviction is knowing as to each element of the offense. ``(b) Special Rule for Regulatory and Similar Offenses.--In addition, in the case of an offense, such as a regulatory offense, where a defendant might reasonably be unaware the conduct could be criminally punished, the Government must prove the defendant had reason to know the defendant's conduct was unlawful.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 1 of title 18, United States Code, is amended by adding at the end the following new item: ``28. Establishing a default mens rea for Federal offenses.''. SEC. 4. REQUIRING AN INVENTORY OF ALL FEDERAL CRIMINAL OFFENSES. (a) In General.--Chapter 31 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 530E. Inventory of Federal criminal offenses ``(a) Development and Availability.-- ``(1) Initially.--Not later than one year after the enactment of this section, the Attorney General shall develop and make available to the public, online and through other appropriate means, an inventory of all Federal criminal offenses, including violations of agency rules that carry criminal penalties. ``(2) Updating.--The Attorney General shall update the inventory following the subsequent enactment or amendment (or the creation by agency rulemaking) of any Federal criminal offenses in order to keep the inventory as up to date as practicable. ``(b) Prohibition of Prosecution of Non-Inventoried Offenses.-- ``(1) Generally.--Except as provided in paragraph (2), it is a defense against a prosecution for any Federal offense that the offense is not listed in the inventory as required by this section. ``(2) Exceptions.--Paragraph (1) does not apply if-- ``(A) the Government demonstrates beyond a reasonable doubt that a reasonable person would have known the conduct that person engaged in was criminal in nature; or ``(B) the conduct of the defendant resulted in an imminent and foreseeable risk of death or bodily injury to another.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 31 of title 28, United States Code, is amended by adding at the end the following new item: ``530E. Inventory of Federal criminal offenses.''. SEC. 5. PRESERVING THE ROLE OF CONGRESS IN DEFINING FEDERAL CRIMES. (a) In General.--Chapter 8 of title 5, United States Code, is amended-- (1) by inserting before section 801 the following: ``SUBCHAPTER I--CONGRESSIONAL REVIEW GENERALLY''; and (2) by inserting after section 808 the following: ``SUBCHAPTER II--RULES WITH CRIMINAL PENALTIES ``Sec. 811. New rules with criminal penalties ``(a) Limitation on Taking Effect.--A new rule with criminal penalties shall not take effect except upon the enactment of a joint resolution under this subchapter, the matter after the resolving clause of which is as follows: `That Congress approves the rules submitted by the _______ relating to ______.'. (The blank spaces being appropriately filled in). ``(b) Proposed Rules To Be Submitted to Congress.--Upon proposing a rule to which subsection (a) applies, the agency proposing the rule shall submit to Congress-- ``(1) a copy of the rule, a concise general statement relating to the rule, and the proposed effective date of the rule; ``(2) a justification for providing criminal penalties, including-- ``(A) an estimate of the number of expected prosecutions annually over a 10-year period; ``(B) the anticipated cost of prosecuting and punishing, including by incarceration, offenders; ``(C) a cost-benefit analysis of punishing offenses as crimes, rather than lesser violations, including the effect on rule compliance, impact on total Federal spending, and the impact of incarceration and other punishments under the rule on communities. ``(3) a criminal rule report for such rule. Such a rule may not take effect prior to the final disposition date for such criminal rule report. ``(c) Referral of Submission.--Upon receipt of a submission under this section, each House of Congress shall provide copies of the submission to the chairman and ranking member of each standing committee with the jurisdiction to report a bill to amend the provision of law under which the rule is issued. ``(d) Deadline for Reporting by Committees.--If, not later than 15 legislative days after the referral in one of the Houses of Congress, no committee to which a submission is referred under subsection (c) reports out, either favorably or unfavorably, a joint resolution approving the rule, the committee to which the submission is referred is automatically discharged of the resolution of approval. ``(e) House of Representatives.--(1) In the House of Representatives, after the 15-day period described in subsection (d), it is at any time in order for a motion to proceed to the consideration of a joint resolution described in subsection (a). ``(2) In the House of Representatives, all points of order against a joint resolution described in subsection (a) shall be considered waived. The joint resolution shall be debatable for one hour equally divided and controlled by the chairman and ranking minority member of the committee of referral. The previous question shall be considered as ordered on the resolution to final passage without intervening motion, except one motion to recommit without instructions. ``(f) Automatic Discharge.--In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) after the 15-day period described in subsection (d), such committee shall be discharged from further consideration of such joint resolution and such joint resolution shall be placed on the calendar. ``(g) Motion To Proceed and Debate.--(1) In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (f)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. ``(2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 5 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. ``(3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. ``(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. ``(h) Consideration by the Other House.--If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply: ``(1) The joint resolution of the other House shall not be referred to a committee. ``(2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution-- ``(A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but ``(B) the vote on final passage shall be on the joint resolution of the other House. ``(i) Exercise of Rulemaking Power.--This section is enacted by Congress-- ``(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a), 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 relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. ``Sec. 812. Definition ``In this subchapter, the term `new rule with criminal penalties' means a rule or provision of a rule, or an amendment to such a rule or provision, that-- ``(1) if violated, may be punished by criminal penalties; and ``(2) is proposed after the date of enactment of this section.''. (b) Clerical Amendment.-- (1) References to chapter conformed.--Sections 801 through 808 of such title are amended by striking ``chapter'' each place such term appears, and inserting ``subchapter''. (2) Table of sections.--The table of sections for chapter 8 of such title is amended as follows: (A) before the item pertaining to section 801, insert the following: ``subchapter i. congressional review generally''; and (B) after the item pertaining to section 808, insert the following: ``subchapter ii. rules with criminal penalties ``811. Agency reviews of rules with criminal penalties. ``812. Definitions.''. SEC. 6. NONAPPLICATION OF ACT TO UNIFORM CODE OF MILITARY JUSTICE. Nothing in this Act or any amendment made by this Act applies to any existing or future statute or regulation enacted in, or prescribed under, the Uniform Code of Military Justice.

Stopping Over-Criminalization Act of 2015 This bill amends the federal criminal code to establish a default mens rea (guilty mind) standard for a federal criminal offense, unless the provision of law that defines such offense specifically provides otherwise. A federal criminal offense conviction requires proof that a defendant acted knowingly with respect to each element of the offense. If a defendant might lack reasonable awareness that conduct (e.g., a regulatory offense) is criminally punishable, then a conviction requires proof that the defendant had reason to know the conduct was unlawful. Additionally, the bill amends the federal judicial code to: (1) require the Department of Justice to develop, publish, and update an inventory of all federal criminal offenses, including agency rules that carry criminal penalties; and (2) prohibit prosecuting a defendant for a non-inventoried federal offense. Finally, it amends the Congressional Review Act to require congressional approval by joint resolution for a new rule with criminal penalties to take effect.

Stopping Over-Criminalization Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing U.S.-India Defense Cooperation Act''. SEC. 2. ENHANCING DEFENSE AND SECURITY COOPERATION WITH INDIA. (a) Findings.--Congress finds the following: (1) The United States and India face mutual security threats and a robust defense partnership is in the interest of both countries. (2) The relationship between the United States and India has developed over the past decade to become a multifaceted, major strategic partnership rooted in shared democratic values and the promotion of mutual prosperity, greater economic cooperation, regional peace, security, and stability. (3) In 2012, the Department of Defense began an initiative to increase senior-level oversight and engagement on defense cooperation between the United States and India, which is referred to as the U.S.-India Defense Technology and Trade Initiative (DTTI). (4) On June 3, 2015, the Government of the United States and the Government of India entered into an executive agreement entitled ``Framework for the U.S.-India Defense Relationship'', which renewed and updated the previous defense framework agreement between the United States and India, executed on June 28, 2005. (5) Consistent with the Framework for the U.S.-India Defense Relationship and the goals of the DTTI, it is in the interest of United States national security to improve defense cooperation and the alignment of systems with India, achieve greater interaction between the armed forces of both countries, increase the flow of technology and investment, develop capabilities and partnerships in co-development and co- production, and strengthen two-way defense trade. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States-India defense partnership is vital to regional and international stability and security; (2) the interest of United States national security can be improved by further advancing the goals of the Framework for the U.S.-India Defense Relationship and the effective operation of the DTTI; and (3) the President's commitment to enhancing defense and security cooperation with India should be considered a priority with respect to advancing United States interests in the South Asia and greater Indo-Pacific regions. (c) Required Actions.--The President should take action to-- (1) formalize India's status as a major partner of the United States; (2) designate an official with experience in defense acquisition and technology to reinforce and ensure, through interagency policy coordination, the success of the Framework for the U.S.-India Defense Relationship; (3) approve and facilitate the transfer of advanced technology in the context of, and in order to satisfy, combined military planning with the Indian military for missions such as humanitarian assistance and disaster relief, counter piracy, and maritime domain awareness; (4) strengthen the effectiveness of the DTTI and the durability of the Department of Defense's ``India Rapid Reaction Cell''; (5) resolve issues impeding United States-India defense trade, security cooperation, and co-production and co- development opportunities; (6) collaborate with the Government of India to develop mutually agreeable mechanisms to verify the security of defense technology information and equipment, such as tailored cyber security and end use monitoring arrangements; (7) promote policies that will encourage the efficient review and authorization of defense sales and exports to India, including the treatment of military sales and export authorizations to India in a manner similar to that of the closest defense partners of the United States; (8) pursue greater government-to-government and commercial military transactions between the United States and India; and (9) support the development and alignment of India's export control and procurement regimes with those of the United States and multilateral control regimes. (d) Military Contingency Plans.--The President is encouraged to coordinate with India on an annual basis to develop military contingency plans for addressing threats to mutual security interests of both countries. (e) Assessment Required.-- (1) In general.--The President shall, on an annual basis, carry out an assessment of the extent to which India possesses capabilities to execute military operations of mutual interest between the United States and India. (2) Use of assessment.--The President shall ensure that the assessment described in paragraph (1) is used to inform the review by the United States of applications to export defense articles, defense services, or technical data under the Arms Export Control Act (22 U.S.C. 2751 et seq.). (3) Form.--The assessment described in paragraph (1) shall, to the maximum extent practicable, be in classified form. (f) Foreign Military Sales and Export Status Under Arms Export Control Act.--The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended-- (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 36(b)(1), 36(b)(2), 36(b)(6), 36(c)(2)(A), 36(c)(5), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting ``India,'' before ``or New Zealand'' each place it appears; (2) in section 3(b)(2), by inserting ``the Government of India,'' before ``or the Government of New Zealand''; and (3) in sections 21(h)(1)(A) and 21(h)(2), by inserting ``India,'' before ``or Israel'' each place it appears.

Advancing U.S.-India Defense Cooperation Act This bill expresses the sense of Congress that: the U.S.-India defense partnership is vital to regional and international stability and security, and the President's commitment to enhancing defense and security cooperation with India should be considered a priority with respect to advancing U.S. interests in the South Asia and greater Indo-Pacific regions. The bill declares that the President should: take action to formalize India's status as a U.S. major partner; resolve issues impeding U.S.-India defense trade, security cooperation, and coproduction and chemotherapeutic opportunities; pursue greater U.S.-India government-to-government and commercial military transactions; and facilitate the transfer of advanced technology with the Indian military for missions such as humanitarian assistance and disaster relief, counter piracy, and maritime domain awareness. The President is encouraged to coordinate with India annually to develop military contingency plans for addressing threats to mutual security interests. The President shall: (1) annually assess the extent to which India possesses strategic operational capabilities to execute military operations of mutual interest to the United States and India; and (2) ensure that such assessment is used in reviewing applications to sell or export defense articles, defense services, or technical data. The Arms Export Control Act is amended to extend special foreign military sales status to India.

Advancing U.S.-India Defense Cooperation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010''. SEC. 2. PLACEMENT OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS IN MILITARY CUSTODY. (a) Military Custody Requirement.--Whenever within the United States, its territories, and possessions, or outside the territorial limits of the United States, an individual is captured or otherwise comes into the custody or under the effective control of the United States who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism, or by other means in violation of the laws of war, or of purposely and materially supporting such hostilities, and who may be an unprivileged enemy belligerent, the individual shall be placed in military custody for purposes of initial interrogation and determination of status in accordance with the provisions of this Act. (b) Delay for Intelligence Activities.--The Secretary of Defense and the Director of National Intelligence may, after giving due consideration to operational needs and requirements to avoid compromise or disclosure of an intelligence mission or intelligence sources or methods, jointly authorize an element of the intelligence community that has initially captured an individual who may be an unprivileged enemy belligerent or otherwise taken such individual into custody or placed such individual under the effective control of the United States to hold, interrogate, or transport such individual. Such individual, if retained by the United States following that authorization, shall subsequently be placed into military custody in accordance with subsection (a). SEC. 3. INTERROGATION AND DETERMINATION OF STATUS OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS. (a) Interrogation of High-Value Detainees.-- (1) In general.--The Director of National Intelligence shall, in consultation with the heads of departments and agencies of the United States Government containing elements of the intelligence community, the Director of the Central Intelligence Agency, and the Director of the Federal Bureau of Investigation-- (A) coordinate the interrogation of high-value detainees and individuals who are not in the custody or under the effective control of the United States, but otherwise meet the definition of a high-value detainee under subsection (c); (B) coordinate the preliminary determinations with respect to whether or not high-value detainees are unprivileged enemy belligerents; (C) be responsible for any interagency group-- (i) conducting an interrogation of a high- value detainee or individual who is not in the custody or under the effective control of the United States, but otherwise meets the definition of a high-value detainee under subsection (c); and (ii) making a preliminary determination with respect to whether or not the detainee is an unprivileged enemy belligerent; and (D) before an officer or employee of the Federal Government provides the warnings of constitutional rights described in Miranda vs. Arizona, 384 U.S. 436 (U.S. 1966) to a high-value detainee who is suspected of terrorism, associated with terrorists, or believed to have knowledge of terrorists and who is captured, held, or questioned by a department or agency that is or contains an element of the intelligence community, approve the providing of such warnings to such high- value detainee. (2) Limitation.--Paragraph (1) shall not apply with respect to a detainee who is captured on the battlefield by the Armed Forces of the United States, unless the Director of National Intelligence determines that such detainee is a high-value detainee. (3) Certain delegations prohibited.--The Director of National Intelligence may not delegate the authority to approve the providing of warnings under paragraph (1)(D). (4) Preliminary determination with respect to high-value detainees.--A determination under paragraph (1)(B) shall be based on all intelligence information available. The Director of National Intelligence shall submit each such determination to the Secretary of Defense and the Attorney General. (5) Paramount purpose of interrogations.--An interrogation conducted in accordance with this section shall be conducted in a manner to accomplish the paramount purpose of protecting United States civilians and United States civilian facilities through thorough and professional interrogation for intelligence purposes. (b) Determinations of Status.-- (1) Final determination.--The Director of National Intelligence, the Secretary of Defense, and the Attorney General shall jointly submit to the President and to the appropriate committees of Congress a final determination as to whether or not a high-value detainee for which a preliminary determination of status has been made under subsection (a)(1)(B) or (a)(1)(C)(ii) is an unprivileged enemy belligerent for purposes of this Act. In the event of a disagreement between the Director of National Intelligence, the Secretary of Defense, and the Attorney General, the President shall make the final determination. (2) Deadline for determinations.--All actions required regarding a high-value detainee under this subsection shall be completed as soon as practicable, consistent with intelligence collection requirements, after the detainee is placed in military custody under section 2. (3) Criteria for designation of individuals as high-value detainees.--The criteria for designating an individual as a high-value detainee based on the following: (A) The potential threat the individual poses for an attack on civilians or civilian facilities within the United States or upon United States citizens or United States civilian facilities abroad at the time of capture or when coming under the custody or control of the United States. (B) The potential threat the individual poses to United States military personnel or United States military facilities at the time of capture or when coming under the custody or control of the United States. (C) The potential intelligence value of the individual. (D) Membership in al Qaeda, a terrorist group affiliated with al Qaeda, or any other organization designated by the Secretary of State as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (E) Such other matters as the President considers appropriate. (c) High-Value Detainee Defined.--In this section, the term ``high- value detainee'' means an individual placed in military custody under section 2 that meets criteria for designating an individual as a high- value detainee based on the criteria referred to in subsection (b)(3), as determined by the Secretary of Defense. SEC. 4. LIMITATION ON PROSECUTION OF ALIEN UNPRIVILEGED ENEMY BELLIGERENTS. (a) Limitation.--No funds appropriated or otherwise made available to the Department of Justice may be used to prosecute in an Article III court in the United States, or in any territory or possession of the United States, any alien who has been determined to be an unprivileged enemy belligerent under section 3(b)(1). (b) Applicability Pending Final Determination of Status.--While a final determination on the status of an alien high-value detainee is pending under section 3(b)(1), the alien shall be treated as an unprivileged enemy belligerent for purposes of subsection (a). SEC. 5. DETENTION WITHOUT TRIAL OF UNPRIVILEGED ENEMY BELLIGERENTS. An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent under section 3(b)(1) in a manner which satisfies Article 5 of the Geneva Convention Relative to the Treatment of Prisoners of War may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities. SEC. 6. DEFINITIONS. In this Act: (1) Act of terrorism.--The term ``act of terrorism'' means an act of terrorism as that term is defined in section 101(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16)). (2) Alien.--The term ``alien'' means an individual who is not a citizen of the United States. (3) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Homeland Security, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives. (4) Article iii court.--The term ``Article III court'' means a court of the United States established under Article III of the Constitution of the United States. (5) Coalition partner.--The term ``coalition partner'', with respect to hostilities engaged in by the United States, means any State or armed force directly engaged along with the United States in such hostilities or providing direct operational support to the United States in connection with such hostilities. (6) Geneva convention relative to the treatment of prisoners of war.--The term ``Geneva Convention Relative to the Treatment of Prisoners of War'' means the Geneva Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316). (7) Hostilities.--The term ``hostilities'' means any conflict subject to the laws of war, and includes a deliberate attack upon civilians and civilian targets protected by the laws of war. (8) Intelligence community.--The term ``intelligence community'' has the meaning given such term under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). (9) Privileged belligerent.--The term ``privileged belligerent'' means an individual belonging to one of the eight categories enumerated in Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War. (10) Unprivileged enemy belligerent.--The term ``unprivileged enemy belligerent'' means an individual (other than a privileged belligerent) who-- (A) has engaged in hostilities against the United States or its coalition partners; (B) has purposely and materially supported hostilities against the United States or its coalition partners; or (C) was a part of al Qaeda at the time of capture. SEC. 7. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act, and shall apply with respect to individuals who are captured or otherwise come into the custody or under the effective control of the United States on or after that date.

Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010 - Requires an individual who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism and who may be an unprivileged enemy belligerent to be placed in military custody for purposes of initial interrogation and determination of status. Defines "unprivileged enemy belligerent" as an individual who: (1) has engaged in hostilities against the United States or its coalition partners; (2) has purposely and materially supported hostilities against the United States or its coalition partners; or (3) was a part of al Qaeda at the time of capture. Authorizes the Secretary of Defense and the Director of National Intelligence to hold, interrogate, or transport an unprivileged enemy belligerent to avoid compromising intelligence activities. Requires the Director of National Intelligence, in consultation with members of the intelligence community, the Director of the Central Intelligence Agency (CIA), and the Federal Bureau of Investigation (FBI), to coordinate the interrogation and status determination of high value detainees. Designates certain individuals held in military custody as "high value detainees," based upon the potential threat such individuals pose for an attack on the United States, its civilians, or military personnel, the potential intelligence value of such individuals, or membership in al Qaeda, an affiliated terrorist group, or any other designated terrorist organization. Deems as the paramount purpose of such interrogations the protection of U.S. civilians and facilities through thorough and professional interrogation for intelligence purposes. Prohibits the use of Department of Justice (DOJ) appropriated funds to prosecute an unprivileged enemy belligerent in an Article III court. Allows the detention of an unprivileged enemy belligerent without criminal charges or trial for the duration of hostilities against the United States or its coalition partners in which such enemy belligerent has engaged or which the individual has purposely and materially supported.

To provide for the interrogation and detention of enemy belligerents who commit hostile acts against the United States, to establish certain limitations on the prosecution of such belligerents for such acts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Benefits Programs Modification Act of 2001''. SEC. 2. EXCLUSION OF CERTAIN ADDITIONAL INCOME FROM DETERMINATIONS OF ANNUAL INCOME FOR PENSION PURPOSES. (a) Life Insurance Proceeds.--Section 1503(a) of title 38, United States Code, is amended-- (1) in paragraph (9), by striking ``and'' at the end; (2) in paragraph (10), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraph (11): ``(11) proceeds of any life insurance policy of a veteran; and''. (b) Other Non-Recurring Income.--That section is further amended by inserting after paragraph (11), as added by subsection (a)(3) of this section, the following new paragraph (12): ``(12) any other non-recurring income from any source.''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2002, and shall apply with respect to determinations of annual income under section 1503 of title 38, United States Code, as so amended, on or after that date. SEC. 3. EFFECTIVE DATES OF AWARDS AND REDUCTIONS AND DISCONTINUANCES OF BENEFITS. (a) Repeal of 45-Day Rule for Effective Date of Award of Death Pension.--Section 5110(d) of title 38, United States Code, is amended-- (1) by striking ``(1)''; and (2) by striking paragraph (2). (b) Effective Date of Change in Recurring Income for Benefits Purposes.--Section 5112(b)(4) of that title is amended by striking subparagraph (A) and inserting the following new subparagraph (A): ``(A) change in recurring income will be the last day of the calendar year in which the change occurred (with the pension rate for the following calendar year based on all anticipated countable income); and''. SEC. 4. TIME LIMITATION ON RECEIPT OF CLAIM INFORMATION PURSUANT TO REQUEST BY DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Section 5102 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c) Time Limitation.--(1) If information that a claimant and the claimant's representative, if any, are notified under section 5103(a) of this title is necessary to complete an application is not received by the Secretary within one year from the date of such notification, no benefit may be paid or furnished by reason of the claimant's application. ``(2) This subsection shall not apply to any application or claim for Government life insurance benefits.''. (b) Repeal of Superseded Provisions.--Section 5103 of that title is amended-- (1) by striking ``(a) Required Information and Evidence.-- ''; and (2) by striking subsection (b). (c) Effective Date.--The amendments made by this section shall take effect as if enacted on November 9, 2000, immediately after the enactment of the Veterans Claims Assistance Act of 2000 (Public Law 106-475; 114 Stat. 2096). SEC. 5. CLARIFICATION OF EFFECTIVE DATE OF MODIFICATIONS OF DUTY TO ASSIST. (a) Clarification.--Section 7 of the Veterans Claims Assistance Act of 2000 (Public Law 106-475; 114 Stat. 2096; 38 U.S.C. 5107 note) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``the provisions of section 5107 of title 38, United States Code, as amended by section 4 of this Act'' and inserting ``the amendments to chapter 51 of title 38, United States Code, made by this Act''; and (B) in paragraph (2), by striking ``and not final as of that date'' and inserting ``in which a decision had not been issued by the Secretary of Veterans Affairs before that date''; and (2) in subsection (b)-- (A) by striking ``Rule for Claims the Denial of Which Became Final After the Court of Appeals for Veterans Claims Decision in the Morton Case.--(1)'' and inserting ``(1)''; and (B) in paragraph (2), by striking ``that--'' and all that follows through the end of the paragraph and inserting the following: ``that-- ``(A) became final during the period beginning on July 14, 1999, and ending on the date of the enactment of this Act and was issued by the Secretary or a court because the claim was not well grounded (as that term was used in section 5107(a) of title 38, United States Code, as in effect during that period); or ``(B) did not become final before the date of the enactment of this Act.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Veterans Claims Assistance Act of 2000, to which such amendments relate. SEC. 6. PROHIBITION ON PROVIDING CERTAIN BENEFITS WITH RESPECT TO VETERANS WHO ARE FUGITIVE FELONS. (a) Prohibition.--(1) Chapter 53 of title 38, United States Code, is amended by inserting after section 5313A the following new section: ``Sec. 5313B. Prohibition on providing certain benefits with respect to veterans who are fugitive felons ``(a) A veteran described in subsection (b), or dependent of the veteran, who is otherwise eligible for a benefit described in subsection (c) may not be paid or otherwise provided such benefit during any period in which the veteran is a fugitive as described in subsection (b). ``(b)(1) A veteran described in this subsection is a veteran who is a fugitive by reason of-- ``(A) fleeing to avoid prosecution, or custody or confinement after conviction, for an offense, or an attempt to commit an offense, which is a felony under the laws of the place from which the veteran flees; or ``(B) violating a condition of probation or parole imposed under Federal or State law. ``(2) For purposes of this subsection, the term `felony' includes a high misdemeanor under the laws of a State which characterizes as high misdemeanors offenses that would be felony offenses under Federal law. ``(c) A benefit described in this subsection is any benefit under the following: ``(1) Chapter 11 of this title. ``(2) Chapter 15 of this title. ``(3) Chapter 17 of this title. ``(4) Chapter 19 of this title. ``(5) Chapters 30, 31, 32, and 34 of this title. ``(6) Chapter 37 of this title. ``(d)(1) The Secretary shall furnish to any Federal, State, or local law enforcement official, upon the written request of such official, the most current address maintained by the Secretary of a veteran who is eligible for a benefit described in subsection (c) if such official-- ``(A) provides the Secretary such information as the Secretary may require to fully identify the veteran; ``(B) identifies the veteran as being a fugitive described in subsection (b); and ``(C) certifies to the Secretary that the location and apprehension of the veteran is within the official duties of such official. ``(2) The Secretary shall enter into memoranda of understanding with Federal law enforcement agencies, and may enter into agreements with State and local law enforcement agencies, for purposes of furnishing information to such agencies under paragraph (1).''. (2) The table of sections at the beginning of that chapter is amended by inserting after the item relating to section 5313A the following new item: ``5313B. Prohibition on providing certain benefits with respect to veterans who are fugitive felons.''. (b) Sense of Congress on Entry Into Memoranda of Understanding and Agreements.--It is the sense of Congress that the memoranda of understanding and agreements referred to in section 5313B(d)(2) of title 38, United States Code (as added by subsection (a)), should be entered into as soon as practicable after the date of the enactment of this Act, but not later than six months after that date. SEC. 7. LIMITATION ON PAYMENT OF COMPENSATION FOR VETERANS REMAINING INCARCERATED FOR FELONIES COMMITTED BEFORE OCTOBER 7, 1980. (a) Limitation.--Notwithstanding any other provision of law, the payment of compensation to or with respect to a veteran described in subsection (b) shall, for the remainder of the period of incarceration of the veteran described in that subsection, be subject to the provisions of section 5313 of title 38, United States Code, other than subsection (d) of that section. (b) Covered Veterans.--A veteran described in this subsection is any veteran entitled to compensation who-- (1) was incarcerated on October 7, 1980, for a felony committed before that date; and (2) remains incarcerated for conviction of that felony after the date of the enactment of this Act. (c) Effective Date.--This section shall take effect 90 days after the date of the enactment of this Act, and shall apply with respect to the payment of compensation for months beginning on or after that date. (d) Compensation Defined.--For purposes of this section, the term ``compensation'' shall have the meaning given that term in section 5313 of title 38, United States Code. SEC. 8. ELIGIBILITY FOR SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE OF SPOUSES AND SURVIVING SPOUSES OF VETERANS WITH TOTAL SERVICE-CONNECTED DISABILITIES. (a) Designation of Eligibility.--Section 3501(a)(1)(D) of title 38, United States Code, is amended-- (1) by inserting ``(i)'' after ``(D)''; and (2) by inserting ``(ii)'' after ``or''. (b) Restatement and Expansion of Treatment of Use of Eligibility.-- (1) Section 3511 of that title is amended by adding at the end the following new subsection: ``(c) Any entitlement used by any eligible person as a result of eligibility under section 3501(a)(1)(A)(iii), 3501(a)(1)(C), or 3501(a)(1)(D)(i) of this title shall be deducted from any entitlement to which such person may subsequently become entitled under this chapter.''. (2) Section 3512 of that title is amended by striking subsection (g). (c) Delimiting Period.-- (1) In general.--Section 3512(b) of that title is amended-- (A) by striking paragraph (1) and inserting the following new paragraph (1): ``(1)(A) Except as provided in subparagraph (B), a person made eligible by subparagraph (B) or (D) of section 3501(a)(1) of this title may be afforded educational assistance under this chapter during the 10-year period beginning on the date (as determined by the Secretary) the person became an eligible person within the meaning of section 3501(a)(1)(B), 3501(D)(i), or 3501(D)(ii) of this title. In the case of a surviving spouse made eligible by clause (ii) of section 3501(a)(1)(D) of this title, the 10-year period may not be reduced by any earlier period during which the person was afforded educational assistance under this chapter as a spouse made eligible by clause (i) of that section. ``(B) Notwithstanding subparagraph (A), an eligible person referred to in that subparagraph may, subject to the Secretary's approval, elect a later beginning date for the 10-year period than would otherwise be applicable to the person under that subparagraph. The beginning date so elected may be any date between the beginning date determined for the person under subparagraph (A) and whichever of the following dates applies: ``(i) The date the Secretary notifies the veteran from whom eligibility is derived that the veteran has a service-connected total disability permanent in nature. ``(ii) The date on which the Secretary determines that the veteran from whom eligibility is derived died of a service- connected disability.''; and (B) by striking paragraph (3). (2) Applicability.--The amendment made by paragraph (1) shall apply with respect to any determination (whether administrative or judicial) of the eligibility of a spouse or surviving spouse for educational assistance under chapter 35 of title 38, United States Code, made on or after the date of the enactment of this Act, whether pursuant to an original claim for such assistance or pursuant to a reapplication or attempt to reopen or readjudicate a claim for such assistance. SEC. 9. REPEAL OF FISCAL YEAR LIMITATION ON NUMBER OF VETERANS IN PROGRAMS OF INDEPENDENT LIVING SERVICES AND ASSISTANCE. (a) Repeal of Limitation.--Section 3120(e) of title 38, United States Code, is amended by striking ``Programs'' and all that follows through ``such programs'' and inserting ``First priority in the provision of programs of independent living services and assistance under this section''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on September 30, 2001. SEC. 10. INCREASE IN HOME LOAN GUARANTY AMOUNT FOR CONSTRUCTION AND PURCHASE OF HOMES. Section 3703(a)(1) of title 38, United States Code, is amended by striking ``$50,750'' each place it appears in subparagraphs (A)(i)(IV) and (B) and inserting ``$63,175''.

Veterans' Benefits Programs Modification Act of 2001 - Amends Federal veterans' benefits provisions to: (1) exclude from annual income, for purposes of eligibility for veterans' pension, the proceeds of any life insurance policy or any other non-recurring income from any source; (2) repeal a provision providing an effective date for the award of death pension for which application is received within 45 days of such death; (3) provide an effective date for the reduction or discontinuance of compensation or pension by reason of a change in recurring income; (4) prohibit the payment of any benefit if information required of a claimant is not received by the Secretary of Veterans Affairs within one year; (5) prohibit veterans who are fugitive felons, or their dependents, from receiving any veterans' benefit during such fugitive period (requiring the Secretary to enter into a memorandum of understanding with State and local law enforcement agencies to furnish latest address information on such veteran); (6) prohibit payment of compensation to veterans remaining incarcerated for felonies committed before October 7, 1980; (7) revise, generally, the delimiting period for the use of educational assistance by a veteran with a total service-connected disability or by his or her survivors or dependents; (8) repeal the 500 per fiscal year limit on the number of veterans authorized to participate in programs of independent living services and assistance; and (9) increase from $50,750 to $63,175 the veterans home loan guaranty limit.

A bill to amend title 38, United States Code, to exclude certain income from annual income determinations for pension purposes, to limit provision of benefits for fugitive and incarcerated veterans, to increase the home loan guaranty amount for construction and purchase of homes, to modify and enhance other authorities relating to veterans' benefits, and for other purposes.

SECTION 1. AMENDMENTS TO THE CIVIL SERVICE RETIREMENT SYSTEM. (a) In General.--(1) Chapter 83 of title 5, United States Code, is amended by inserting after section 8339 the following new section: ``Sec. 8339a. Survivor elections; deposit; offsets ``(a)(1) An individual who makes an election under section 8339(j)(3), (j)(5)(C), or (k)(2) shall deposit into the Fund an amount determined by the Office of Personnel Management (as nearly as may be administratively feasible) to reflect the amount by which the annuity of such individual would have been reduced if the election had been in effect since the date of retirement (or, if later, in the case of an election under section 8339(j)(5)(C), since the date the previous reduction in the annuity of such individual was terminated under section 8339(j)(5) (A) or (B)), plus interest. ``(2) Interest under paragraph (1) shall be computed at the rate of 6 percent a year. ``(b)(1) The Office shall by regulation provide for payment of any deposit or combination of deposits required under subsection (a) by a reduction in the annuity of the employee or Member. ``(2) The reduction shall, to the extent practicable, be designed such that the present value of the future reductions is actuarially equivalent to the present value of the deposit or combination of deposits required under subsection (a), except that the total reduction under this section may not exceed 25 percent of the annuity computed under subsections (a)-(i), (n), (p), and (q) of section 8339, adjusted under section 8340. ``(3) A reduction under this section-- ``(A) shall be effective as of the effective date of the election under section 8339(j)(3), (j)(5)(C), or (k)(2), as the case may be; ``(B) shall not be terminated on account of a change in marital status or for any other reason; and ``(C) shall be in addition to any reduction made under section 8339(j)(4) or (k)(1). ``(c) Subsections (a) and (b) shall not apply with respect to an election under section 8339(j)(5)(C) or (k)(2) if-- ``(1) the employee or Member makes such election after having made an election under section 8339(k)(1); and ``(2) the election under section 8339(k)(1) becomes void under section 8339(j)(5)(C)(iv) or (k)(2)(B). ``(d) That the total amount withheld under this section from the annuity of an employee or Member, as of time of death or other annuity- terminating event, is less than the amount described in subsection (a) (including interest) shall not affect either the entitlement of such employee's or Member's survivor to receive the annuity elected for such survivor under section 8339(j)(3), (j)(5)(C), or (k)(2) (as the case may be) or the amount of such survivor annuity.''. (2) The table of sections for chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8339 the following: ``8339a. Survivor elections; deposit; offsets.''. (b) Technical and Conforming Amendments.--(1) Section 8339(j)(3) of title 5, United States Code, is amended by striking the second through fourth sentences and inserting the following: ``An election under this paragraph shall be made at the time of retirement or, if later, within 2 years after the date on which the marriage of the former spouse to the employee or Member is dissolved, and shall become effective the first day of the second month after the election is received by the Office.''. (2) Section 8339(j)(5)(C) of title 5, United States Code, is amended-- (A) by amending clause (ii) to read as follows: ``(ii) Such election and reduction shall become effective the first day of the second month after the election is received by the Office, but not less than 9 months after the date of the remarriage.''; (B) by striking clauses (iii) and (vi); and (C) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively. (3) Section 8339(k)(2) of title 5, United States Code, is amended-- (A) in subparagraph (B)-- (i) by striking clause (ii); (ii) by striking ``(B)(i)'' and the first sentence thereafter and inserting ``(B) The election and reduction shall become effective the first day of the second month after the election is received by the Office, but not less than 9 months after the date of the marriage.''; and (iii) by redesignating subclauses (I) and (II) (of former clause (i)) as clauses (i) and (ii), respectively; and (B) by striking subparagraphs (C) and (D). (4) Section 8334(h) of title 5, United States Code, is amended by striking ``and by section 8339(j)(5)(C) and the last sentence of section 8339(k)(2) of this title''. SEC. 2. AMENDMENTS TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM. (a) In General.--Section 8418 of title 5, United States Code, is amended-- (1) in subsection (a)(1) by striking ``which is required to be made'' through ``Office'' and inserting ``shall deposit into the Fund an amount determined by the Office of Personnel Management''; and (2) by striking subsections (b) through (d) and inserting the following: ``(b)(1) The Office shall by regulation provide for payment of the deposit under subsection (a) by a reduction in the annuity of the employee or Member. ``(2) The reduction shall, to the extent practicable, be designed such that the present value of the future reductions is actuarially equivalent to the present value of the deposit or combination of deposits required under subsection (a), except that the total reduction in the annuity of the employee or Member to pay any such deposit or combination of deposits may not exceed 25 percent of the annuity computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable), adjusted under section 8462. ``(3) A reduction under this section-- ``(A) shall become effective as of the effective date of the election under subsection (b) or (c) of section 8416 or section 8417(b), as the case may be; ``(B) shall not be terminated on account of a change in marital status or for any other reason; and ``(C) shall be in addition to any reduction under section 8419(a) or 8420. ``(c) Subsections (a) and (b) shall not apply with respect to an election under section 8416 or 8417(b) if-- ``(1) the employee or Member makes such election after having made an election under section 8420; and ``(2) the election under section 8420 becomes void under section 8416 (b)(3) or (c)(2). ``(d) That the total amount withheld under this section from the annuity of an employee or Member, as of time of death or other annuity- terminating event, is less than the amount described in subsection (a) (including interest) shall not affect either the entitlement of such employee's or Member's survivor to receive the annuity elected for such survivor under section 8416 (b) or (c) or section 8417 (as the case may be) or the amount of such survivor annuity.''. (b) Technical and Conforming Amendments.--(1) Section 8416(b)(2) of title 5, United States Code, is amended by striking ``be effective'' and inserting ``become effective''. (2) The first sentence of section 8416(c)(2) of title 5, United States Code, is amended to read as follows: ``The election and reduction shall become effective the first day of the second month after the election is received by the Office, but not less than 9 months after the date of the marriage.''. (3) Section 8417(b)(2) of title 5, United States Code, is amended to read as follows: ``(2) An election under this subsection-- ``(A) shall be made at the time of retirement or, if the marriage is dissolved after the date of retirement, within 2 years after the date on which the marriage of the former spouse to the employee or Member is dissolved; and ``(B) shall become effective the first day of the second month after the election is received by the Office.''. SEC. 3. EFFECTIVE DATE. (a) In General.--The amendments made by this Act shall take effect on the first day of the first month beginning at least 30 days after the date of enactment of this Act, and shall apply to any amount which first becomes payable on or after that date. (b) Regulations.--In the case of a deposit (under any of the provisions of law amended by this Act) that has not been fully paid before the effective date of the amendments made by this Act, the Office of Personnel Management shall by regulation establish procedures under which reductions similar to those provided for under such amendments shall be applied with respect to the remaining portion of such deposit.

Revises Civil Service and Federal Employees' Retirement Systems provisions with respect to the deposit required in the case of an election to provide a survivor annuity to a spouse by a post-retirement marriage or to a former spouse.

To amend the provisions of chapters 83 and 84 of title 5, United States Code, which relates to the deposit required in the case of an election to provide a survivor annuity to a spouse by a post-retirement marriage or a former spouse.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Choice in Real Estate Act'' . SEC. 2. CLARIFICATION THAT REAL ESTATE BROKERAGE AND MANAGEMENT ACTIVITIES ARE NOT BANKING OR FINANCIAL ACTIVITIES. (a) Bank Holding Company Act of 1956.--Section 4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(k)) is amended by adding at the end the following new paragraph: ``(8) Real estate brokerage and real estate management activities.-- ``(A) In general.--The Board may not determine that real estate brokerage activity or real estate management activity is an activity that is financial in nature, is incidental to any financial activity, or is complementary to a financial activity. ``(B) Real estate brokerage activity defined.--For purposes of this paragraph, the term `real estate brokerage activity' means any activity that involves offering or providing real estate brokerage services to the public, including-- ``(i) acting as an agent for a buyer, seller, lessor, or lessee of real property; ``(ii) listing or advertising real property for sale, purchase, lease, rental, or exchange; ``(iii) providing advice in connection with sale, purchase, lease, rental, or exchange of real property; ``(iv) bringing together parties interested in the sale, purchase, lease, rental, or exchange of real property; ``(v) negotiating, on behalf of any party, any portion of a contract relating to the sale, purchase, lease, rental, or exchange of real property (other than in connection with providing financing with respect to any such transaction); ``(vi) engaging in any activity for which a person engaged in the activity is required to be registered or licensed as a real estate agent or broker under any applicable law; and ``(vii) offering to engage in any activity, or act in any capacity, described in clause (i), (ii), (iii), (iv), (v), or (vi). ``(C) Real estate management activity defined.--For purposes of this paragraph, the term `real estate management activity' means any activity that involves offering or providing real estate management services to the public, including-- ``(i) procuring any tenant or lessee for any real property; ``(ii) negotiating leases of real property; ``(iii) maintaining security deposits on behalf of any tenant or lessor of real property (other than as a depository institution for any person providing real estate management services for any tenant or lessor of real property); ``(iv) billing and collecting rental payments with respect to real property or providing periodic accounting for such payments; ``(v) making principal, interest, insurance, tax, or utility payments with respect to real property (other than as a depository institution or other financial institution on behalf of, and at the direction of, an account holder at the institution); ``(vi) overseeing the inspection, maintenance, and upkeep of real property, generally; and ``(vii) offering to engage in any activity, or act in any capacity, described in clause (i), (ii), (iii), (iv), (v), or (vi). ``(D) Exception for company property.--This paragraph shall not apply to an activity of a bank holding company or any affiliate of such company that directly relates to managing any real property owned by such company or affiliate, or the purchase, sale, or lease of property owned, or to be used or occupied, by such company or affiliate. ``(E) Current activities not affected.--No provision of this paragraph, or any determination made pursuant to any such provision, may be construed as prohibiting, restricting, altering, or otherwise affecting, the right, power, or ability of any financial holding company to engage in any activity, or acquire or retain the shares of any company engaged in an activity, if engaging in such activity, or acquiring or retaining such shares, was authorized for financial holding companies on December 6, 2001.''. (b) Revised Statutes of the United States.--Section 5136A(b) of the Revised Statutes of the United States (12 U.S.C. 24a(b)) is amended by adding at the end the following new paragraph: ``(4) Real estate brokerage and real estate management activities.-- ``(A) In general.--The Secretary may not determine that real estate brokerage activity or real estate management activity is an activity that is financial in nature, is incidental to any financial activity, or is complementary to a financial activity. ``(B) Definitions.--For purposes of this paragraph, the terms `real estate brokerage activity' and `real estate management activity' have the same meanings as in section 4(k)(8) of the Bank Holding Company Act of 1956. ``(C) Exception for company property.--This paragraph shall not apply to an activity of a national bank, or a subsidiary of a national bank, that directly relates to managing any real property owned by such bank or subsidiary, or the purchase, sale, or lease of property owned, or to be owned, by such bank or subsidiary. ``(D) Current activities not affected.--No provision of this paragraph, or any determination made pursuant to any such provision, may be construed as prohibiting, restricting, altering, or otherwise affecting, the right, power, or ability of any national bank, or a subsidiary of a national bank, to engage in any activity, or acquire or retain the shares of any company engaged in an activity, if engaging in such activity, or acquiring or retaining such shares, was authorized for national banks, or subsidiaries of national banks, on December 6, 2001.''.

Community Choice in Real Estate Act - Amends the Bank Holding Company Act of 1956, and the Revised Statutes of the United States, to prohibit the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, respectively, from determining that real estate brokerage activity or real estate management activity is financial in nature, is incidental to any financial activity, or is complementary to a financial activity. (In effect, prohibits financial holding companies and national banks from engaging, directly or indirectly, in real estate brokerage or real estate management activities.) Exempts from such prohibition: (1) activities of a bank holding company (or any affiliate) that directly relate to managing any real property owned by national banks or their affiliates; and (2) the right, power, or ability of any financial holding company to engage in any activity, or acquire or retain the shares of any company engaged in an activity authorized for financial holding companies on December 6, 2001 ("grandfather clause").

A bill to amend the Bank Holding Company Act of 1956 and the Revised Statutes of the United States to prohibit financial holding companies and national banks from engaging, directly or indirectly, in real estate brokerage or real estate management activities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firearms Rights, Responsibilities, and Remedies Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the manufacture, distribution, and importation of firearms is inherently commercial in nature; (2) firearms regularly move in interstate commerce; (3) firearms trafficking is so prevalent and widespread in and among the States that it is usually impossible to distinguish between intrastate trafficking and interstate trafficking; (4) to the extent firearms trafficking is intrastate in nature, it arises out of and is substantially connected with a commercial transaction, which, when viewed in the aggregate, substantially affects interstate commerce; (5) gun violence results in great costs to society, including the costs of law enforcement, medical care, lost productivity, and loss of life; (6) to the extent possible, the costs of gun violence should be borne by those liable for them, including manufacturers, dealers, and importers; (7) in any action to recover the costs associated with gun violence to a particular entity or to a given community, it is usually impossible to trace the portion of costs attributable to intrastate versus interstate commerce; (8) the law governing the liability of manufacturers, dealers, and importers for gun violence is evolving inconsistently within and among the States, resulting in a contradictory and uncertain regime that is inequitable and that unduly burdens interstate commerce; (9) the inability to obtain adequate compensation for the costs of gun violence results in a serious commercial distortion to a single national market and a stable national economy, thereby creating a barrier to interstate commerce; (10) it is an essential and appropriate role of the Federal Government, under the Constitution of the United States, to remove burdens and barriers to interstate commerce; (11) because the intrastate and interstate trafficking of firearms are so commingled, full regulation of interstate commerce requires the incidental regulation of intrastate commerce; and (12) it is in the national interest and within the role of the Federal Government to ensure that manufacturers, dealers, and importers can be held liable under Federal law for gun violence. (b) Purpose.--Based on the power of Congress in clause 3 of section 8 of article I of the Constitution of the United States, the purpose of this Act is to regulate interstate commerce by-- (1) regulating the commercial activity of firearms trafficking; (2) protecting States, units of local government, organizations, businesses, and other persons from the adverse effects of interstate commerce in firearms; (3) establishing a uniform legal principle that manufacturers, dealers, and importers can be held liable for gun violence; and (4) creating greater fairness, rationality, and predictability in the civil justice system. SEC. 3. DEFINITIONS. In this Act: (1) Gun violence.--The term ``gun violence'' means any-- (A) actual or threatened unlawful use of a firearm; and (B) unintentional discharge of a firearm. (2) Incorporated definitions.--The terms ``firearm'', ``importer'', ``manufacturer'', and ``dealer'' have the meanings given those terms in section 921 of title 18, United States Code. (3) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (4) Unit of local government.--The term ``unit of local government'' means any city, town, township, county, parish, village, or other general purpose political subdivision of a State. SEC. 4. FEDERAL CAUSE OF ACTION. (a) In General.--Notwithstanding any other provision of Federal, State, or local law, a State, unit of local government, organization, business, or other person that has been injured by or incurred costs as a result of gun violence may bring a civil action in a Federal or State court of original jurisdiction against a manufacturer, dealer, or importer who knew or reasonably should have known that its design, manufacturing, marketing, importation, sales, or distribution practices would likely result in gun violence. (b) Remedies.--In an action under subsection (a), the court may award appropriate relief, including-- (1) actual damages; (2) punitive damages; (3) reasonable attorneys' fees and other litigation costs reasonably incurred, including the costs of expert witnesses; and (4) such other relief as the court determines to be appropriate.

Firearms Rights, Responsibilities, and Remedies Act of 1999 - Authorizes States, units of local government, organizations, businesses, or other persons that have been injured by or incurred costs as a result of gun violence, notwithstanding Federal, State, or local laws, to bring civil actions in Federal or State courts of original jurisdiction against manufacturers, dealers, or importers who knew or should have known that their design, manufacturing, marketing, importation, sales, or distribution practices would likely result in gun violence.

Firearms Rights, Responsibilities, and Remedies Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Iranian Destabilization of Iraq Act of 2016''. SEC. 2. STATEMENT OF POLICY. It shall be the policy of the United States to impose sanctions with respect to terrorist organizations and foreign countries, including the Government of Iran, that threaten the peace or stability of Iraq or the Government of Iraq. SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN FOREIGN PERSONS THREATENING PEACE OR STABILITY IN IRAQ. (a) Sanctions Required.--The President shall impose the sanctions described in subsection (b)(1)(A) and the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall impose the sanctions described in subsection (b)(1)(B) with respect to any foreign person that the President, acting through the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries), as the case may be, determines-- (1) to have knowingly committed, or to pose a significant risk of committing, an act or acts of violence that have the purpose or effect of-- (A) threatening the peace or stability of Iraq or the Government of Iraq; or (B) undermining efforts to promote economic reconstruction and political reform in Iraq or to provide humanitarian assistance to the Iraqi people; (2) has knowingly materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any activity described in subparagraph (A) or (B) of paragraph (1); or (3) is owned or controlled by, or has acted or purported to act for or on behalf of, directly or indirectly, a foreign person that has carried out any activity described in subparagraph (A) or (B) of paragraph (1) or paragraph (2). (b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection are the following: (A) Asset blocking.--The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Aliens ineligible for visas, admission, or parole.-- (i) Visas, admission, or parole.--An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows or has reasonable grounds to believe meets any of the criteria described in subsection (a) is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (ii) Current visas revoked.-- (I) In general.--The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to an alien who meets any of the criteria described in subsection (a), regardless of when issued. (II) Effect of revocation.--A revocation under subclause (I) shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the alien's possession. (2) Inapplicability of national emergency requirement.--The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of the imposition of sanctions under this section. (3) Penalties.--A person that is subject to sanctions described in paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (4) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (c) Waiver.-- (1) In general.--The President may, on a case-by-case basis and for periods not to exceed 90 days, waive the application of sanctions in this section with respect to a foreign person if the President certifies to the appropriate congressional committees at least 15 days before such waiver is to take effect that such waiver is vital to the national security interests of the United States. (2) Sunset.--The provisions of this subsection and any waivers issued pursuant to this subsection shall terminate on the date that is 3 years after the date of the enactment of this Act. (d) Implementation Authority.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. (e) Regulatory Authority.-- (1) In general.--The President shall, not later than 90 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this section. (2) Notification to congress.--Not less than 10 days before the promulgation of regulations under subsection (a), the President shall notify and provide to the appropriate congressional committees the proposed regulations and the provisions of this Act and the amendments made by this Act that the regulations are implementing. (f) Definitions.--In this section-- (1) Foreign person.--The term ``foreign person'' means-- (A) an individual who is not a United States person; (B) a corporation, partnership, or other nongovernmental entity which is not a United States person; or (C) any representative, agent or instrumentality of, or an individual working on behalf of a foreign government. (2) United states person.--The term ``United States person'' has the meaning given that term in section 576.317 of title 31, Code of Federal Regulations, as in effect on June 22, 2016. (3) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given those terms in section 101(3) of the Immigration and Nationality Act (8 U.S.C. 1101(3)). (4) Definition.--In this section, the term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (5) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (6) Government of iraq.--The term ``Government of Iraq'' has the meaning given that term in section 576.310 of title 31, Code of Federal Regulations, as in effect on June 22, 2016. (7) Person.--The term ``person'' has the meaning given that term in section 576.311 of title 31, Code of Federal Regulations, as in effect on June 22, 2016. (8) Property; property interest.--The terms ``property'' and ``property interest'' have the meanings given those terms in section 576.312 of title 31, Code of Federal Regulations, as in effect on June 22, 2016. (g) Sunset.--This section shall cease to be effective beginning on January 1, 2022. SEC. 4. DETERMINATIONS WITH RESPECT TO CERTAIN IRANIAN PERSONS. (a) Sense of Congress.--It is the sense of Congress that the Government of Iran has committed acts of violence, and pose a significant risk of committing further acts of violence that have the purpose of threatening the peace or stability of Iraq or the Government of Iraq. (b) Determinations With Respect to Certain Iranian Persons.-- (1) In general.--The President shall, not later than 45 days after the date of the enactment of this Act, determine whether the Iranian persons listed in paragraph (2) are responsible for engaging in activities described in section 3(a). (2) Iranian persons listed.--The Iranian persons referenced in paragraph (1) are the following: (A) The Supreme Leader of Iran. (B) The President of Iran. (C) Members of the Council of Guardians. (D) Members of the Expediency Council. (E) The Minister of Intelligence and Security. (F) The Commander of the Iran's Revolutionary Guard Corps. (G) The Minister of Defense. (3) Report.-- (A) In general.--The President shall submit to the appropriate congressional committees a report on the determinations made under paragraph (1) together with the reasons for those determinations and an identification of the Iranian persons that the President determines are responsible for engaging in activities described in section 3(a). (B) Form.--A report submitted under subparagraph (A) shall be submitted in unclassified form but may contain a classified annex. (4) Effect of determination by reason of report or request under this section.--If an Iranian person listed in paragraph (2) is determined by the President to be responsible for engaging in activities described in section 3(a), the President shall impose the sanctions described in section 3(b) on the Iranian person. (5) Definition.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate. SEC. 5. REPORT ON IRANIAN ACTIVITIES IN IRAQ. (a) Report.--Not later than 60 days after the date of the enactment of this Act, and every 180 days thereafter for a period not to exceed 5 years, the President shall submit to the appropriate congressional committees a report on Iranian activities in Iraq. (b) Matters To Be Included.--The report required by subsection (a) shall include a description of the following: (1) Iran's support for Iraqi militias or political parties, including weapons, financing, and other forms of material support. (2) A list of referrals to the relevant United Nations Security Council sanctions committees by the United States Permanent Representative to the United Nations. (c) Form.--The President may submit the report required by subsection (a) in classified form if the President determines that it is necessary for the national security interests of the United States to do so. (d) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate.

Preventing Iranian Destabilization of Iraq Act of 2016 This bill declares it shall be the policy of the United States to impose sanctions with respect to terrorist organizations and foreign countries, including the government of Iran, that threaten the peace or stability of Iraq. The bill directs the President to impose sanctions to block transactions in property and interests in property in the United States of, and the Department of State or the Department of Homeland Security (DHS) to deny admissions into the United States or revoke the visa of, any foreign person that State or DHS determines: has knowingly committed, or poses a significant risk of committing, violence that threatens the peace or stability of Iraq or that undermines economic reconstruction, political reform, or humanitarian efforts in Iraq; has knowingly materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, any such act; or is owned or controlled by, or has acted on behalf of, a foreign person that has carried out any such act or activity. Such admissions-related sanctions shall not apply if a person's admission is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations or other applicable international obligations. The President may waive the application of sanctions under this bill for up to 90 days if the President provides prior certification that the waiver is vital to U.S. national security interests. The sanction provisions of this bill shall cease to be effective on January 1, 2022. It is the sense of Congress that the government of Iran has committed acts of violence, and poses a significant risk of committing further acts of violence, that threaten the peace or stability of Iraq. The bill directs the President to determine whether specified Iranian officials are responsible for engaging in acts or activities described in this bill and, if so, to impose admissions-related sanctions on such officials. The President must report, every 180 days for 5 years, on Iranian activities in Iraq, including Iran's support for Iraqi militias or political parties.

Preventing Iranian Destabilization of Iraq Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Sea Grant College Program Act Amendments of 2002''. SEC. 2. AMENDMENTS TO FINDINGS. Findings.--Section 202(a)(6) of the National Sea Grant College Program Act (33 U.S.C. 1121(a)(6)) is amended by striking the period at the end and inserting ``, including strong collaborations between Administration scientists and scientists at academic institutions.''. SEC. 3. REQUIREMENTS APPLICABLE TO NATIONAL SEA GRANT COLLEGE PROGRAM. (a) Quadrennial Strategic Plan.--Section 204 (c)(1) of the National Sea Grant College Program Act (33 U.S.C. 1123 (c)(1)) is amended to read as follows: ``The Secretary, in consultation with the panel, sea grant colleges, and sea grant institutes, shall develop at least every 4 years a strategic plan which establishes priorities for the national sea grant college program, provides an appropriately balanced response to local, regional, and national needs, and is reflective of integration with the strategic plans of the Department of Commerce and of NOAA.''. (b) Allocation of Funding.--Section 204(d)(3)(B) of the National Sea Grant College Program Act (33 U.S.C. 1123(d)(3)(B)) is amended.-- (1) by striking ``and'' after the semicolon at the end of clause (ii); (2) by adding at the end the following: ``(iv) encourage and promote coordination and cooperation between the research, education, and outreach programs of the Administration and those of academic institutions; and''. (c) Ensuring Equal Access.--Section 208(a) of such Act (33 U.S.C. 1127(a)) is amended by adding at the end the following: ``The Secretary shall strive to ensure equal access for minority and economically disadvantaged students to the program carried out under this subsection.''. SEC. 4. TERMS OF MEMBERSHIP FOR SEA GRANT REVIEW PANEL. Section 209(c)(2) of the National Sea Grant College Program Act (33 U.S.C. 1128(c)(2)) is amended by striking the first sentence and inserting the following: ``The term of office of a voting member of the panel shall be 3 years for a member appointed before the date of enactment of the National Sea Grant College Program Act Amendments of 2002, and 4 years for a member appointed or reappointed after the date of enactment of the National Sea Grant College Program Act Amendments of 2002. The Director may extend the term of office of a voting member of the panel appointed before the date of enactment of the National Sea Grant College Program Act Amendments of 2002 by up to 1 year.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Subsections (a) and (b) of section 212 of the National Sea Grant College Program Act (33 U.S.C. 1131) are amended to read as follows: ``(a) Authorization.-- ``(1) In general.--There are authorized to be appropriated to the Secretary to carry out this title-- ``(A) $75,000,000 for fiscal year 2004; ``(B) $77,500,000 for fiscal year 2005; ``(C) $80,000,000 for fiscal year 2006; ``(D) $82,500,000 for fiscal year 2007; and ``(E) $85,000,000 for fiscal year 2008. ``(2) Priority research.--In addition to the amount authorized under paragraph (1), there are authorized to be appropriated for each of fiscal years 2004 through 2008-- ``(A) $5,000,000 for competitive grants for university research on biology and control of zebra mussels and other important non-native species as identified in section 1301(b)(4)(A) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4171(b)(4)(A)); ``(B) $5,000,000 for competitive grants for university research on oyster diseases, oyster restoration, and oyster-related human health risks; ``(C) $5,000,000 for competitive grants for university research on the biology, prevention, and forecasting of harmful algal blooms, including Pfiesteria piscicida; and ``(D) $3,000,000 for competitive grants for research contributing to the fisheries extension program to enhance, not supplant, existing core program funding. ``(b) Limitations.-- ``(1) Administration.--There may not be used for administration of programs under this title in a fiscal year more than 5 percent of the lesser of-- ``(A) the amount authorized to be appropriated under this title for the fiscal year; or ``(B) the amount appropriated under this title for the fiscal year. ``(2) Use for other offices or programs.--Sums appropriated under the authority of subsection (a)(2) shall not be available for administration of this title by the National Sea Grant Office, for any other Administration or department program, or for any other administrative expenses.''. (b) Distribution of Funds.--Such section is further amended by striking subsection (c) and inserting the following: ``(c) Distribution of Funds.--In any fiscal year in which the appropriations made pursuant to subsection (a)(1) exceed the amounts appropriated for fiscal year 2003 for the purposes described in such subsection, the Secretary shall distribute the excess amounts (except amounts used for the administration of programs) solely to-- ``(1) State sea grant programs on a merit reviewed, competitive basis to support, enhance, and reward programs that are best managed and carry out the highest quality research, education, extension, and training programs; and ``(2) national strategic initiatives.''.

National Sea Grant College Program Act Amendments of 2002 - Amends the National Sea Grant College Program Act to include an emphasis on management and collaboration between academia and the scientists and programs of the National Oceanic and Atmospheric Administration (NOAA).Requires the Secretary of Commerce's strategic plan to be developed at least every four years and integrate with the strategic plans of the Department of Commerce and of NOAA. Requires the Secretary to strive for equal access for minority and economically disadvantaged students to the graduate and post-graduate fellowship program.Revises and expands the terms of membership for the sea grant review panel.Authorizes appropriations for: (1) FY 2004 through 2008; and (2) competitive research grants concerning zebra mussels, oysters, harmful algal blooms, and additional support to the fisheries extension program. Limits the percentage of funds available for administration.

A bill to amend the National Sea Grant College Program Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy Carbon Capture and Storage Research, Development, and Demonstration Act of 2007''. SEC. 2. CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAM. Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293) is amended-- (1) in the section heading, by striking ``research and development'' and inserting ``and storage research, development, and demonstration''; (2) in subsection (a)-- (A) by striking ``research and development'' and inserting ``and storage research, development, and demonstration''; and (B) by striking ``capture technologies on combustion-based systems'' and inserting ``capture and storage technologies related to energy systems''; (3) in subsection (b)-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(5) to expedite and carry out large-scale testing of carbon sequestration systems in a range of geological formations that will provide information on the cost and feasibility of deployment of sequestration technologies.''; and (4) by striking subsection (c) and inserting the following: ``(c) Programmatic Activities.-- ``(1) Energy research and development underlying carbon capture and storage technologies.-- ``(A) In general.--The Secretary shall carry out fundamental science and engineering research (including laboratory-scale experiments, numeric modeling, and simulations) to develop and document the performance of new approaches to capture and store carbon dioxide. ``(B) Program integration.--The Secretary shall ensure that fundamental research carried out under this paragraph is appropriately applied to energy technology development activities and the field testing of carbon sequestration activities, including-- ``(i) development of new or improved technologies for the capture of carbon dioxide; ``(ii) modeling and simulation of geological sequestration field demonstrations; and ``(iii) quantitative assessment of risks relating to specific field sites for testing of sequestration technologies. ``(2) Field validation testing activities.-- ``(A) In general.--The Secretary shall promote, to the maximum extent practicable, regional carbon sequestration partnerships to conduct geologic sequestration tests involving carbon dioxide injection and monitoring, mitigation, and verification operations in a variety of candidate geological settings, including-- ``(i) operating oil and gas fields; ``(ii) depleted oil and gas fields; ``(iii) unmineable coal seams; ``(iv) saline formations; and ``(v) deep geologic systems that may be used as engineered reservoirs to extract economical quantities of heat from geothermal resources of low permeability or porosity. ``(B) Objectives.--The objectives of tests conducted under this paragraph shall be-- ``(i) to develop and validate geophysical tools, analysis, and modeling to monitor, predict, and verify carbon dioxide containment; ``(ii) to validate modeling of geological formations; ``(iii) to refine storage capacity estimated for particular geological formations; ``(iv) to determine the fate of carbon dioxide concurrent with and following injection into geological formations; ``(v) to develop and implement best practices for operations relating to, and monitoring of, injection and storage of carbon dioxide in geologic formations; ``(vi) to assess and ensure the safety of operations related to geological storage of carbon dioxide; and ``(vii) to allow the Secretary to promulgate policies, procedures, requirements, and guidance to ensure that the objectives of this subparagraph are met in large-scale testing and deployment activities for carbon capture and storage that are funded by the Department of Energy. ``(3) Large-scale testing and deployment.-- ``(A) In general.--The Secretary shall conduct not less than 7 initial large-volume sequestration tests for geological containment of carbon dioxide (at least 1 of which shall be international in scope) to validate information on the cost and feasibility of commercial deployment of technologies for geological containment of carbon dioxide. ``(B) Diversity of formations to be studied.--In selecting formations for study under this paragraph, the Secretary shall consider a variety of geological formations across the United States, and require characterization and modeling of candidate formations, as determined by the Secretary. ``(4) Preference in project selection from meritorious proposals.--In making competitive awards under this subsection, subject to the requirements of section 989, the Secretary shall give preference to proposals from partnerships among industrial, academic, and government entities. ``(5) Cost sharing.--Activities under this subsection shall be considered research and development activities that are subject to the cost-sharing requirements of section 988(b). ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $90,000,000 for fiscal year 2007; ``(2) $105,000,000 for fiscal year 2008; and ``(3) $120,000,000 for fiscal year 2009.''.

Department of Energy Carbon Capture and Storage Research, Development, and Demonstration Act of 2007 - Amends the Energy Policy Act of 2005 to direct the Secretary of Energy to: (1) carry out fundamental science and engineering research to develop and document new approaches to capture and store carbon dioxide; (2) ensure that fundamental research is appropriately applied to energy technology development activities and the field testing of carbon sequestration activities; (3) promote regional carbon sequestration partnerships to conduct geologic sequestration tests involving carbon dioxide in a variety of geological settings; and (4) conduct at least seven initial large-volume sequestration tests for geological containment of carbon dioxide. Directs the Secretary, in making competitive awards, to give preference to proposals from partnerships among industrial, academic, and government entities.

A bill to amend the Energy Policy Act of 2005 to reauthorize and improve the carbon capture and storage research, development, and demonstration program of the Department of Energy and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Government Propaganda Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since 1951, the following prohibition on the use of appropriated funds for propaganda purposes has been enacted annually: ``No part of any appropriation contained in this or any other Act shall be used for publicity or propaganda purposes within the United States not heretofore authorized by Congress.''. (2) On May 19, 2004, the Government Accountability Office (GAO) ruled that the Department of Health and Human Services violated the publicity and propaganda prohibitions by creating fake television new stories for distribution to broadcast stations across the country. (3) On January 4, 2005, the GAO ruled that the Office of National drug Control Policy violated the publicity and propaganda prohibitions by distributing fake television news stories to broadcast stations from 2002 to 2004. (4) In 2003, the Department of Education violated publicity and propaganda prohibitions by using of taxpayer funds to create fake television news stories promoting the ``No Child Left Behind'' program violated the propaganda prohibition. (5) An analysis of individual journalists, paid for by the Department of Education in 2003, which ranked reporters on how positive their articles portrayed the Administration and the Republican Party, constituted a gross violation of the law prohibiting propaganda and the use of taxpayer funds for partisan purposes. (6) The payment of taxpayer funds to journalist Armstrong Williams in 2003 to promote Administration education policies violated the ban on covert propaganda. (7) The payment of taxpayer funds to journalist Maggie Gallagher in 2002 to promote Administration welfare and family policies violated the ban on covert propaganda. (8) Payment for and construction of 8 little red schoolhouse facades at the entranceways to the Department of Education headquarters in Washington, DC to boost the image of the ``No Child Left Behind'' program was an inappropriate use of taxpayer dollars. (9) Messages inserted into Social Security Administration materials in 2004 and 2005 intended to further grassroots lobbying efforts in favor of President Bush's Social Security privatization plan is an inappropriate use of taxpayer funds. (10) The Department of Health and Human Services ignored the Government Accountability Office's legal decision of May 19, 2004, and failed to follow the GAO's directive to report its Anti-Deficiency Act violation to Congress and the President, as provided by section 1351 of title 31, United States Code. (11) Despite numerous violations of the propaganda law, the Department of Justice has not acted to enforce the law or follow the requirements of the Anti-Deficiency Act. (12) In order to protect taxpayer funds, stronger measures must be enacted into law to require actual enforcement of the ban on the use of taxpayer funds for propaganda purposes. SEC. 3. DEFINITION. In this Act, the term ``publicity'' or ``propaganda'' includes-- (1) a news release or other publication that does not clearly identify the Government agency directly or indirectly (through a contractor) financially responsible for the message; (2) any audio or visual presentation that does not continuously and clearly identify the Government agency directly or indirectly financially responsible for the message; (3) an Internet message that does not continuously and clearly identify the Government agency directly or indirectly financially responsible for the message; (4) any attempt to manipulate the news media by payment to any journalist, reporter, columnist, commentator, editor, or news organization; (5) any message designed to aid a political party or candidate; (6) any message with the purpose of self-aggrandizement or puffery of the Administration, agency, Executive branch programs or policies, or pending congressional legislation; (7) a message of a nature tending to emphasize the importance of the agency or its activities; (8) a message that is so misleading or inaccurate that it constitutes propaganda; and (9) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before Congress or any State legislature, except in presentation to Congress or any State legislature itself. SEC. 4. PROHIBITION ON PUBLICITY OR PROPAGANDA AND ENFORCEMENT. (a) In General.--The senior official of an Executive branch agency who authorizes or directs funds appropriated to such Executive branch agency for publicity or propaganda purposes within the United States, unless authorized by law, is liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of funds appropriated. (b) Responsibilities of the Attorney General.--The Attorney General diligently shall investigate a violation of subsection (a). If the Attorney General finds that a person has violated or is violating subsection (a), the Attorney General may bring a civil action under this section against the person. (c) Actions by Private Persons.-- (1) In general.--A person may bring a civil action for a violation of subsection (a) for the person and for the United States Government. The action shall be brought in the name of the Government. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting. (2) Notice.--A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to Rule 4(d)(4) of the Federal Rules of Civil Procedure. The complaint shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders. The Government may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information. (3) Delay of notice.--The Government may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under paragraph (2). Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this section until 20 days after the complaint is unsealed and served upon the defendant pursuant to Rule 4 of the Federal Rules of Civil Procedure. (4) Government action.--Before the expiration of the 60-day period or any extensions obtained under paragraph (3), the Government shall-- (A) proceed with the action, in which case the action shall be conducted by the Government; or (B) notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action. (5) Limited intervention.--When a person brings an action under this subsection, no person other than the Government may intervene or bring a related action based on the facts underlying the pending action. (d) Rights of the Parties.-- (1) Government action.--If the Government proceeds with the action, it shall have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action. Such person shall have the right to continue as a party to the action, subject to the limitations set forth in paragraph (2). (2) Limitations.-- (A) Dismissal.--The Government may dismiss the action notwithstanding the objections of the person initiating the action if the person has been notified by the Government of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion. (B) Settlement.--The Government may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera. (C) Proceedings.--Upon a showing by the Government that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the Government's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, such as-- (i) limiting the number of witnesses the person may call; (ii) limiting the length of the testimony of such witnesses; (iii) limiting the person's cross- examination of witnesses; or (iv) otherwise limiting the participation by the person in the litigation. (D) Limit participation.--Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation. (3) Action by person.--If the Government elects not to proceed with the action, the person who initiated the action shall have the right to conduct the action. If the Government so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts (at the Government's expense). When a person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, may nevertheless permit the Government to intervene at a later date upon a showing of good cause. (4) Interference.--Whether or not the Government proceeds with the action, upon a showing by the Government that certain actions of discovery by the person initiating the action would interfere with the Government's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. The court may extend the 60-day period upon a further showing in camera that the Government has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings. (5) Government action.--Notwithstanding subsection (b), the Government may elect to pursue its claim through any alternate remedy available to the Government, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceeding as such person would have had if the action had continued under this section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under this section. For purposes of the preceding sentence, a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the United States, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review. (e) Award to Private Plaintiff.-- (1) Government action.--If the Government proceeds with an action brought by a person under subsection (c), such person shall, subject to the second sentence of this paragraph, receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. (2) No government action.--If the Government does not proceed with an action under this section, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the action or settlement and shall be paid out of such proceeds. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (3) Frivolous claim.--If the Government does not proceed with the action and the person bringing the action conducts the action, the court may award to the defendant its reasonable attorneys' fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment. (f) Government Not Liable for Certain Expenses.--The Government is not liable for expenses which a person incurs in bringing an action under this section. (g) Fees and Expenses to Prevailing Defendant.--In civil actions brought under this section by the United States, the provisions of section 2412(d) of title 28 shall apply. (h) Whistleblower Protection.-- (1) In general.--Any employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of an action under this section, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed under this section, shall be entitled to all relief necessary to make the employee whole. (2) Relief.--Relief under this subsection shall include reinstatement with the same seniority status such employee would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys' fees. An employee may bring an action in the appropriate district court of the United States for the relief provided in this subsection. SEC. 5. JUDICIAL NOTICE. The courts of the United States shall take cognizance and notice of any legal decision of the Government Accountability Office interpreting the application of this Act. SEC. 6. POINT OF ORDER. (a) In General.-- (1) Reduction of salary.--It shall not be in order in the House of Representatives or the Senate to consider a bill, amendment, or resolution providing an appropriation for an agency that the Government Accountability Office has found in violation of this Act unless the appropriations for salary and expenses for the head of the relevant agency contains a provision reducing the salary of the head by an amount equal to the illegal expenditure identified by the Government Accountability Office. If the illegal expenditure exceeds the annual salary of the agency head, then the point of order shall continue until the remaining amount is subtracted from the salary of the agency head. (2) Compliance.--Paragraph (1) shall not apply if the agency is complying with the decision of the Government Accountability Office. (b) Supermajority Waiver and Appeal.--This section may be waived or suspended in the Senate only by an affirmative vote of \3/5\ of the Members, duly chosen and sworn. An affirmative vote of \3/5\ of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section.

Stop Government Propaganda Act - Imposes a civil penalty on a senior official of an Executive branch agency who authorizes or directs funds appropriated to such agency for publicity or propaganda purposes within the United States. Instructs the Attorney General to diligently investigate such a violation, and if the Attorney General finds that a person has committed such a violation or is committing such a violation, authorizes the Attorney General to bring a civil action against that person. Allows a private person to bring a civil action for such a violation for the person and for the U.S. Government in the name of the Government. Permits the dismissal of such an action only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting. Prohibits any person other than the Government from intervening or bringing a related action based on the facts underlying the pending action. Specifies the rights of the parties with regard to such an action. Allows the Government to elect to pursue its claim through any alternate remedy available to it. Sets forth requirements for whistleblower protections. States that the U.S. courts shall take cognizance and notice of any legal decision of the Government Accountability Office (GAO) interpreting the application of this Act. Prohibits a point of order in the House of Representatives or the Senate to consider legislation providing an appropriation for an agency that the GAO has found in violation of this Act, unless the appropriations for salary and expenses for the head of the relevant agency contains a provision reducing the salary of the head by an amount equal to the illegal expenditure.

A bill to stop taxpayer funded Government propaganda.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Work-Life Balance Award Act''. SEC. 2. DEFINITIONS. In this Act: (1) Employer.--The term ``employer''-- (A) means any person (as defined in section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 202(a))) engaged in commerce or in any industry or activity affecting commerce; and (B) includes any agency of a State, or political subdivision thereof. The term does not include the Government of the United States or any agency thereof. (2) Work-life balance policy.--The term ``work-life balance policy'' means a workplace practice designed to enable employees to achieve a satisfactory work-life balance. (3) Secretary.--The term ``Secretary'' means the Secretary of Labor. SEC. 3. ESTABLISHMENT OF AWARD. (a) In General.--There is established in the Department of Labor an annual award to be known as the Work-Life Balance Award (hereinafter referred to as the ``Award'') for employers that have developed and implemented work-life balance policies. (b) Plaque.--The Award shall be evidenced by a plaque bearing the title ``Work-Life Balance Award''. (c) Application.-- (1) In general.--An employer desiring consideration for an Award shall submit an application to the Work-Life Balance Advisory Board established under section 4, at such time, in such manner, and containing such information as such Board may require. (2) Reapplication.--An employer may reapply for an Award, regardless of whether the employer has been a previous recipient of such Award. (d) Display on Web Site.--The Secretary shall make publically available on its Web site the names of each recipient of the Award. (e) Presentation of Award.--After receiving recommendations from the Board established under section 4, the Secretary (or the Secretary's designee) shall present annually the Award to employers that meet the criteria developed under section 4(b)(1). SEC. 4. WORK-LIFE BALANCE ADVISORY BOARD. (a) Establishment.--There is established within the Department of Labor a Work-Life Balance Advisory Board (hereinafter referred to as the ``Board''). (b) Duties.--The Board shall-- (1) subject to the approval by the Secretary, not later than 180 days after the initial meeting described under subsection (f)(1)(B), develop criteria to determine recipients of the Award. In developing such criteria, such Board shall-- (A) identify those work-life balance policies, which if properly implemented, will permit employees to achieve a work-life balance; (B) take into consideration an employer's record of compliance, or noncompliance, with Federal and State labor laws; and (C) seek input from all interested parties to assist in making a determination of the recipients of the Award, including input from stakeholders; (2) develop a process for receiving and processing applications; (3) recommend recipients of the Award from among those applications submitted to the Board in accordance with section 3(c); (4) present to the Secretary the names of the employers that the Board recommends as recipients of the Award in accordance with the criteria developed under paragraph (1); and (5) set an annual timetable for fulfilling the duties described under this subsection. (c) Revisions.--The Board, subject to the approval of the Secretary, may make revisions, as appropriate, to the criteria developed under subsection (b)(1) from time to time. (d) Membership.-- (1) Numbers and appointment.--Subject to paragraphs (2) through (5), the Board shall be composed of 9 members appointed by the Secretary as follows: (A) 1 member, who shall serve as chairperson of the Board, representing the public. (B) 1 member representing a State or local government. (C) 1 member representing a nonprofit employer. (D) 2 members representing private industry or industry organizations. (E) 2 members representing labor organizations. (F) 2 members representing families and children. (2) Recommendations.--In appointing any member of the Board under paragraph (1) who is not the chairperson of such Board, the Speaker and the minority leader of the House of Representatives, and the majority and minority leader of the Senate, each shall submit to the Secretary recommendations with the names of proposed members of the Board, and from such submissions the Secretary shall appoint the members of the Board in accordance with such paragraph. (3) Limitation.--The Secretary may not appoint any Member of Congress to the Board. (4) Political affiliation.--Not more than 4 members of the Board appointed under paragraph (1) may be of the same political party. (5) Qualifications.--Members of the Board shall be individuals with knowledge of and experience with work-life balance policies. (e) Terms.-- (1) In general.--Except as provided under paragraphs (2) and (3), each member of the Board shall be appointed for 2 years and may be reappointed. (2) Terms of initial appointees.--As designated by the Secretary at the time of appointment, of the members of the Board first appointed, 4 shall each be appointed for a 2-year term and the remainder shall each be appointed for a 3-year term. (3) Vacancies.--Any member of the Board appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. (f) Operations.-- (1) Meetings.-- (A) In general.--Except for the initial meeting of the Board under subparagraph (B), the Board shall meet at the call of the Chairperson or a majority of its members. (B) Initial meeting.--The Board shall conduct its first meeting not later than 90 days after the appointment of all of its members. (2) Voting and rules.--A majority of members of the Board shall constitute a quorum to conduct business. The Board may establish by majority vote any other rules for the conduct of the business of the Board, if such rules are not inconsistent with this section or other applicable law. SEC. 5. REGULATIONS. The Secretary may prescribe regulations to carry out the purposes of this Act.

Work-Life Balance Award Act - Establishes in the Department of Labor an annual Work-Life Balance Award for employers that have developed and implemented work-life balance policies. Establishes a Work-Life Balance Advisory Board to develop criteria to determine recipients of the Award.

To establish the Work-Life Balance Award for employers that have developed and implemented work-life balance policies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Cuba Trade Act of 2017''. SEC. 2. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA. (a) Authority for Embargo and Sugar Quota.-- (1) In general.--Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed. (2) Conforming amendment.--Section 1610(f)(1)(A) of title 28, United States Code, is amended by striking ``section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)),''. (b) Trading With the Enemy Act.-- (1) In general.--The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act (50 U.S.C. 4305(b)), which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the effective date of this Act, may not be exercised on or after such effective date with respect to Cuba. (2) Regulations.--Any regulation in effect on the day before the effective date of this Act pursuant to the exercise of authorities described in paragraph (1) shall cease to be effective on such effective date. (c) Exercise of Authorities Under Other Provisions of Law.-- (1) Removal of prohibitions.--Any prohibition on exports to Cuba that is in effect on the day before the effective date of this Act under the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) shall cease to be effective on such effective date. (2) Authority for new restrictions.--The President may, on and after the effective date of this Act-- (A) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)); and (B) exercise the authorities the President has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat to the national security, foreign policy, or economy of the United States, that did not exist before the date of the enactment of this Act. (d) Repeal of Cuban Democracy Act of 1992.--The Cuban Democracy Act of 1992 (22 U.S.C. 6001 et seq.) is repealed. (e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.-- (1) Repeal.--The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.) is repealed. (2) Conforming amendments.-- (A) Visa revocation.--Section 428(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 236(c)(2)) is amended-- (i) by striking subparagraph (K); and (ii) by redesignating subparagraphs (L) through (P) as subparagraphs (K) through (O), respectively. (B) Effect of determination.--Section 606 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1255 note) is repealed. (C) Property immune from attachment.--Section 1611 of title 28, United States Code, is amended by striking subsection (c). (D) International claims.--Sections 514 and 515 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are repealed. (f) Repeal of Provisions Imposing Certain Restrictions on Assistance to Former Soviet Countries.-- (1) In general.--Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended-- (A) in subsection (a)(11) by striking ``and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos,'' and inserting ``facilities,''; (B) in subsection (b)-- (i) in paragraph (4) by inserting ``and'' after the semicolon; (ii) by striking paragraph (5); and (iii) by redesignating paragraph (6) as paragraph (5); and (C) by striking subsection (d). (2) Definitions.--Section 498B(k) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and (4). (g) Trade Sanctions Reform and Export Enhancement Act of 2000.--The Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) is amended-- (1) in section 906(a)(1) (22 U.S.C. 7205(a)(1)), by striking ``Cuba,''; (2) in section 908 (22 U.S.C. 7207)-- (A) by striking subsection (b); (B) in subsection (a)-- (i) by striking ``Prohibition'' and all that follows through ``(1) In general.-- Notwithstanding'' and inserting ``In General.-- Notwithstanding''; (ii) by striking ``for exports to Cuba or''; (iii) by striking paragraph (2); and (iv) by redesignating paragraph (3) as subsection (b) and by moving such subsection, as so redesignated, 2 ems to the left; and (C) in subsection (b), as redesignated by subparagraph (B)(iv), by striking ``paragraph (1)'' and inserting ``subsection (a)''; (3) by striking section 909 (22 U.S.C. 7208); (4) by striking section 910 (22 U.S.C. 7209); and (5) by redesignating section 911 (Public Law 106-387; 114 Stat. 1549A-72) as section 909. (h) Repeal of Prohibition on Transactions or Payments With Respect to Certain United States Intellectual Property.--Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88) is repealed. (i) Sugar Quota Prohibition Under Food Security Act of 1985.-- Subsection (c) of section 902 of the Food Security Act of 1985 (Public Law 99-198; 99 Stat. 1444) is repealed. SEC. 3. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES. Any common carrier, as defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153), is authorized to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. The authority of this section includes the authority to upgrade facilities and equipment. SEC. 4. TRAVEL. (a) In General.--Travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, may not be regulated or prohibited if that travel would be lawful in the United States. (b) Transactions Incident to Travel.--Transactions ordinarily incident to travel that may not be regulated or prohibited under subsection (a) include the following: (1) Transactions ordinarily incident to travel or maintenance in Cuba. (2) Normal banking transactions involving foreign currency drafts, traveler's checks, or other negotiable instruments incident to that travel. SEC. 5. NEGOTIATIONS WITH CUBA. (a) Negotiations.--The President should take all necessary steps to advance negotiations with the Government of Cuba-- (1) for the purpose of settling claims of nationals of the United States against the Government of Cuba for the taking of property by such government; and (2) for the purpose of securing the protection of internationally recognized human rights. (b) Definitions.--In this section, the terms ``national of the United States'' and ``property'' have the meanings given those terms in section 502 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643a). SEC. 6. EXTENSION OF NONDISCRIMINATORY TRADE TREATMENT. (a) Sense of Congress.-- (1) In general.--It is the sense of the Congress that-- (A) the United States should promote democratic change and economic reform by normalizing trade relations with Cuba; and (B) upon the enactment of this Act, it will no longer be necessary for the United States to continue to use article XXI of the GATT 1994 with respect to Cuba, understanding that the President retains full authority to invoke article XXI of the GATT 1994 and comparable provisions in other Uruguay Round Agreements in the future in all appropriate circumstances. (2) Definitions.--In this section, the terms ``GATT 1994'' and ``Uruguay Round Agreements'' have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501). (b) Extension of Nondiscriminatory Treatment to the Products of Cuba.-- (1) Harmonized tariff schedule amendments.--Subdivision (b) of general note 3 of the Harmonized Tariff Schedule of the United States is amended-- (A) by striking ``to section 401 of the Tariff Classification Act of 1962,''; and (B) by striking ``Cuba''. (2) Repeal of section 401 of the tariff classification act of 1962.--Section 401 of the Tariff Classification Act of 1962 (Public Law 87-456; 76 Stat. 78) is repealed. (3) Termination of application of title iv of the trade act of 1974 to cuba.-- (A) Extension of nondiscriminatory treatment.-- Nondiscriminatory treatment (normal trade relations treatment) shall apply to the products of Cuba. (B) Termination of application of title iv.--Title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) shall cease to apply to Cuba. (4) Effective date.--This section, and the amendments made by this section, shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. (c) Report to Congress.--The President shall submit to Congress, not later than 18 months after the date of the enactment of this Act, a report on trade relations between the United States and Cuba. SEC. 7. PROHIBITION ON LIMITING ANNUAL REMITTANCES. (a) In General.--Except as provided in subsection (b), the Secretary of the Treasury may not limit the amount of remittances to Cuba that may be made by any person who is subject to the jurisdiction of the United States, and the Secretary shall rescind all regulations in effect on the date of the enactment of this Act that so limit the amount of those remittances. (b) Rule of Construction.--Nothing in subsection (a) may be construed to prohibit the prosecution or conviction of any person committing an offense described in section 1956 of title 18, United States Code (relating to the laundering of monetary instruments), or section 1957 of such title (relating to engaging in monetary transactions in property derived from specific unlawful activity). SEC. 8. REQUIREMENT TO REPORT TO CONGRESS PRIOR TO DENIAL OF FOREIGN TAX CREDIT WITH RESPECT TO CERTAIN FOREIGN COUNTRIES. (a) In General.--Subclause (II) of section 901(j)(2)(B)(i) of the Internal Revenue Code of 1986 is amended by striking ``such country becomes'' and inserting ``the date on which the President reports to Congress that such country has been determined to be''. (b) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendment made by this section shall apply to any determination regarding whether a foreign country is described in subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 which is made after the date of the enactment of this Act. (2) Nonapplication to countries subject to denial of foreign tax credit.--Nothing in this section, or the amendment made by this section, shall be construed to alter, amend, or otherwise affect the application of subsection (j) of section 901 of such Code to any country which has been determined to be a country described in paragraph (2)(A) of such subsection on or before the date of the enactment of this Act. SEC. 9. EFFECTIVE DATE. Except as provided in sections 6 and 8, this Act and the amendments made by this Act shall take effect 60 days after the date of the enactment of this Act.

United States-Cuba Trade Act of 2017 This bill repeals the embargo on trade with Cuba. The bill: (1) makes ineffective certain prohibitions on exports to Cuba; (2) extends nondiscriminatory treatment (normal trade relations) to Cuban products; (3) prohibits regulation or banning of travel to and from Cuba by U.S. citizens or residents or of any transactions incident to travel; and (4) repeals the President's authority to continue direct restrictions on trade with Cuba. The President shall: (1) conduct negotiations with Cuba on settling claims of U.S. nationals for the taking of property by the Cuban government, and (2) engage in bilateral dialogue with Cuba on securing the protection of internationally recognized human rights. The President may establish specified export controls and trade restrictions with respect to Cuba. The President may impose export controls and exercise certain emergency economic authorities with respect to Cuba only if there is an unusual threat to U.S. national security. The bill repeals: (1) the Cuban Democracy Act of 1992; (2) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996; (3) the prohibition against allocation of the annual sugar quota to a country unless such country verifies that it does not import Cuban sugar for reexport to the United States; (4) the prohibition on transactions or payments respecting certain U.S. intellectual property; and (5) restrictions on assistance to any independent state of the former Soviet Union that engages in trade with, or provides other support to, Cuba. Cuba is removed from the list of state sponsors of terrorism, subject to agricultural and medical export restrictions. Common carriers may provide telecommunications services, including installations and repairs, between the United States and Cuba. The Department of the Treasury may not limit the amount of remittances to Cuba that may be made by any person subject to U.S. jurisdiction. The Internal Revenue Code is amended to require the President to report to Congress on a country's status prior to the denial of foreign tax credits for certain foreign countries.

United States-Cuba Trade Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Energy Act''. SEC. 2. DEFINITION OF MARINE AND HYDROKINETIC RENEWABLE ENERGY. Section 632 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17211) is amended in the matter preceding paragraph (1) by striking ``electrical''. SEC. 3. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND DEVELOPMENT. Section 633 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17212) is amended to read as follows: ``SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND DEVELOPMENT. ``The Secretary, in consultation with the Secretary of the Interior, the Secretary of Commerce, and the Federal Energy Regulatory Commission, shall carry out a program of research, development, demonstration, and commercial application to accelerate the introduction of marine and hydrokinetic renewable energy production into the United States energy supply, giving priority to fostering accelerated research, development, and commercialization of technology, including programs-- ``(1) to assist technology development to improve the components, processes, and systems used for power generation from marine and hydrokinetic renewable energy resources; ``(2) to establish critical testing infrastructure necessary-- ``(A) to cost effectively and efficiently test and prove marine and hydrokinetic renewable energy devices; and ``(B) to accelerate the technological readiness and commercialization of those devices; ``(3) to support efforts to increase the efficiency of energy conversion, lower the cost, increase the use, improve the reliability, and demonstrate the applicability of marine and hydrokinetic renewable energy technologies by participating in demonstration projects; ``(4) to investigate variability issues and the efficient and reliable integration of marine and hydrokinetic renewable energy with the utility grid; ``(5) to identify and study critical short- and long-term needs to create a sustainable marine and hydrokinetic renewable energy supply chain based in the United States; ``(6) to increase the reliability and survivability of marine and hydrokinetic renewable energy technologies; ``(7) to verify the performance, reliability, maintainability, and cost of new marine and hydrokinetic renewable energy device designs and system components in an operating environment, and consider the protection of critical infrastructure, such as adequate separation between marine and hydrokinetic devices and projects and submarine telecommunications cables, including consideration of established industry standards; ``(8) to coordinate and avoid duplication of activities across programs of the Department and other applicable Federal agencies, including National Laboratories and to coordinate public-private collaboration in all programs under this section; ``(9) to identify opportunities for joint research and development programs and development of economies of scale between-- ``(A) marine and hydrokinetic renewable energy technologies; and ``(B) other renewable energy and fossil energy programs, offshore oil and gas production activities, and activities of the Department of Defense; ``(10) to support in-water technology development with international partners using existing cooperative procedures (including memoranda of understanding)-- ``(A) to allow cooperative funding and other support of value to be exchanged and leveraged; and ``(B) to encourage the participation of international research centers and companies within the United States and the participation of United States research centers and companies in international projects; ``(11) to identify, in conjunction with the Secretary of Commerce and other relevant Federal agencies, the potential environmental impacts, including potential impacts on fisheries and other marine resources, of marine and hydrokinetic renewable energy technologies, measures to prevent adverse impacts, and technologies and other means available for monitoring and determining environmental impacts; and ``(12) to identify, in conjunction with the Commandant of the United States Coast Guard and other relevant Federal agencies, the potential navigational impacts of marine and hydrokinetic renewable energy technologies and measures to prevent adverse impacts on navigation.''. SEC. 4. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION CENTERS. Section 634 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17213) is amended by striking subsection (b) and inserting the following: ``(b) Purposes.--The Centers (including each Center that has been established as of the date of enactment of the Marine Energy Act), in coordination with the Department and the National Laboratories, shall-- ``(1) advance research, development, demonstration, and commercial application of marine and hydrokinetic renewable energy technologies; ``(2) support in-water testing and demonstration of marine and hydrokinetic renewable energy technologies, including facilities capable of testing-- ``(A) marine and hydrokinetic renewable energy systems of various technology readiness levels and scales; ``(B) a variety of technologies in multiple test berths at a single location; and ``(C) arrays of technology devices; and ``(3) serve as information clearinghouses for the marine and hydrokinetic renewable energy industry by collecting and disseminating information on best practices in all areas relating to developing and managing marine and hydrokinetic renewable energy resources and energy systems.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 636 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17215) is amended by striking ``$50,000,000 for each of the fiscal years 2008 through 2012'' and inserting ``$60,000,000 for each of fiscal years 2018 through 2022''.

Marine Energy Act This bill amends the Energy Independence and Security Act of 2007 to revise and reauthorize through FY2022 the program of research, development, demonstration, and commercial application to accelerate the introduction of marine and hydrokinetic renewable energy production. The program must give priority to fostering accelerated research, development, and commercialization of technology. The meaning of "marine and hydrokinetic renewable energy" is expanded to include all forms of energy, not just electricity, from: (1) waves, tides, and currents in oceans, estuaries, and tidal areas; (2) free flowing water in rivers, lakes, and streams; (3) free flowing water in man-made channels; and (4) differentials in ocean temperature (ocean thermal energy conversion). National Marine Renewable Energy Research, Development, and Demonstration Centers must support in-water testing and demonstration of marine and hydrokinetic renewable energy technologies, including facilities capable of testing: (1) marine and hydrokinetic renewable energy systems of various technology readiness levels and scales, (2) a variety of technologies in multiple test berths at a single location, and (3) arrays of technology devices.

Marine Energy Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection of Young Consumers Act of 2006''. SEC. 2. PROTECTION OF YOUNG CONSUMERS FROM PRESCREENED CREDIT OFFERS. (a) In General.--Section 604(c)(1)(B) of the Fair Credit Reporting Act (15 U.S.C. 1681(c)(1)(B)) is amended-- (1) in clause (ii), by striking ``and'' at the end; and (2) in clause (iii), by striking the period at the end and inserting the following: ``; and ``(iv) the consumer report indicates that the consumer is age 21 or older, except that a consumer who is at least 18 years of age may elect, in accordance with subsection (e)(7), to authorize the consumer reporting agency to include the name and address of the consumer in any list of names provided by the agency pursuant to this paragraph.''. (b) Opt-in for Young Consumers.--Section 604(e) of the Fair Credit Reporting Act (15 U.S.C. 1681(e)) is amended-- (1) by striking the subsection heading and inserting the following: ``(e) Election of Consumers Regarding Lists.--''; and (2) by adding at the end the following: ``(7) Opt-in for underage consumers.-- ``(A) In general.--A consumer who is at least 18 years of age, but has not attained his or her 21st birthday may elect to have the name and address of the consumer included in any list provided by a consumer reporting agency under subsection (c)(1)(B) in connection with a credit or insurance transaction that is not initiated by the consumer by notifying the agency in accordance with subparagraph (B) that the consumer consents to the use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer. ``(B) Manner of notification.--An election by a consumer described in subparagraph (A) shall be in writing, using a signed notice of election form issued or made available electronically by the agency at the request of the consumer for purposes of this paragraph. ``(C) Effectiveness of election.--An election by a consumer under subparagraph (A) to be included in a list provided by a consumer reporting agency-- ``(i) shall be effective until the earlier of-- ``(I) the 21st birthday of the consumer; or ``(II) the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph (5), that the election is no longer effective; and ``(ii) shall be effective with respect to each affiliate of the agency. ``(D) Rule of construction.--An election by a consumer under subparagraph (A) to be included in a list provided by a consumer reporting agency may not be construed to limit the applicability of this subsection to any person age 21 or older, and such person may elect to be excluded from any such list after the attainment of his or her 21st birthday in the manner otherwise provided under this subsection.''. SEC. 3. PROMOTING YOUTH FINANCIAL LITERACY. (a) In General.--Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``PART D--PROMOTING YOUTH FINANCIAL LITERACY ``SEC. 4401. SHORT TITLE AND FINDINGS. ``(a) Short Title.--This part may be cited as the `Youth Financial Education Act'. ``(b) Findings.--Congress finds the following: ``(1) In order to succeed in our dynamic American economy, young people must obtain the skills, knowledge, and experience necessary to manage their personal finances and obtain general financial literacy. All young adults should have the educational tools necessary to make informed financial decisions. ``(2) Despite the critical importance of financial literacy to young people, the average high school graduate lacks basic skills in the management of personal financial affairs. A nationwide survey conducted in 2004 by the Jump$tart Coalition for Personal Financial Literacy examined the financial knowledge of 4,074 12th graders. On average, survey respondents answered only 52 percent of the questions correctly, up only slightly from the 50 percent average score in 2002. ``(3) An evaluation by the National Endowment for Financial Education High School Financial Planning Program undertaken jointly with the Cooperative State Research, Education, and Extension Service of the Department of Agriculture demonstrates that as little as 10 hours of classroom instruction can impart substantial knowledge and affect significant change in how teens handle their money. ``(4) State educational leaders have recognized the importance of providing a basic financial education to students in kindergarten through grade 12 by integrating financial education into State educational standards, but by 2004, only 7 States required students to complete a course that covered personal finance before graduating from high school. ``(5) Teacher training and professional development are critical to achieving youth financial literacy. Teachers should be given the tools they need to educate our Nation's youth on personal finance and economics. ``(6) Personal financial education helps prepare students for the workforce and for financial independence by developing their sense of individual responsibility, improving their life skills, and providing them with a thorough understanding of consumer economics that will benefit them for their entire lives. ``(7) Financial education integrates instruction in valuable life skills with instruction in economics, including income and taxes, money management, investment and spending, and the importance of personal savings. ``(8) The consumers and investors of tomorrow are in our schools today. The teaching of personal finance should be encouraged at all levels of our Nation's educational system, from kindergarten through grade 12. ``SEC. 4402. STATE GRANT PROGRAM. ``(a) Program Authorized.--The Secretary is authorized to award grants, from allocations under subsection (c), to State educational agencies to develop and integrate youth financial education programs for students in elementary schools and secondary schools. ``(b) State Plan.-- ``(1) Approved state plan required.--To be eligible to receive a grant under this section, a State educational agency shall submit an application to the Secretary that-- ``(A) includes a State plan in accordance with paragraph (2); and ``(B) is approved by the Secretary. ``(2) State plan contents.--The State plan referred to in paragraph (1) shall include-- ``(A) a description of how the State educational agency will use the grant funds; ``(B) a description of how the programs supported by the grant will be coordinated with other relevant Federal, State, regional, and local programs; and ``(C) a description of how the State educational agency will evaluate program performance. ``(c) Allocation of Funds.-- ``(1) Allocation factors.--Except as otherwise provided in paragraph (2), the Secretary shall allocate the amounts made available to carry out this section pursuant to subsection (a) to each State according to the relative populations in all of the States of students in kindergarten through grade 12, as determined by the Secretary based on the most recent satisfactory data. ``(2) Minimum allocation.--Subject to the availability of appropriations, and notwithstanding paragraph (1), a State that has submitted a plan under subsection (b) that is approved by the Secretary shall be allocated a grant under this section that is not less than $500,000 for a fiscal year. ``(3) Reallocation.--In any fiscal year, the Secretary shall reallocate, to States with approved plans under this section in accordance with paragraph (1), an allocation under this subsection-- ``(A) for any State that has not submitted a plan under subsection (b); or ``(B) for any State whose plan submitted under subsection (b) has been disapproved by the Secretary. ``(d) Use of Grant Funds.-- ``(1) Required uses.--A grant made to a State educational agency under this part shall be used-- ``(A) to provide funds to local educational agencies and public schools to carry out financial education programs for students in kindergarten through grade 12, based on the concept of achieving financial literacy through the teaching of personal financial management skills and the basic principles involved with earning, spending, saving, and investing; ``(B) to carry out professional development programs to prepare teachers and administrators for financial education; and ``(C) to monitor and evaluate programs supported under subparagraphs (A) and (B). ``(2) Limitation on administrative costs.--A State educational agency receiving a grant under subsection (a) may use not more than 4 percent of the total amount of the grant in any fiscal year for the administrative costs of carrying out this section. ``(e) Report to the Secretary.-- ``(1) In general.--Each State educational agency receiving a grant under this section shall transmit a report to the Secretary with respect to each fiscal year for which a grant is received. ``(2) Content of report.--Each report required under paragraph (1) shall describe-- ``(A) the programs supported by the grant; and ``(B) the results of the State educational agency's monitoring and evaluation of such programs. ``SEC. 4403. CLEARINGHOUSE. ``(a) Authority.--Subject to the availability of appropriations, the Secretary shall make a grant to, or execute a contract with, an eligible entity with substantial experience in the field of financial education, such as the Jump$tart Coalition for Personal Financial Literacy, to establish, operate, and maintain a national clearinghouse (in this part referred to as the `Clearinghouse') for instructional materials and information regarding model financial education programs and best practices. ``(b) Eligible Entity.--In this section, the term `eligible entity' means a national nonprofit organization with a proven record of-- ``(1) cataloging youth financial literacy materials; and ``(2) providing support services and materials to schools and other organizations that work to promote youth financial literacy. ``(c) Application.--An eligible entity desiring to establish, operate, and maintain the Clearinghouse shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. ``(d) Basis and Term.--The Secretary shall make the grant or contract authorized under subsection (a) on a competitive, merit basis for a term of 5 years. ``(e) Use of Funds.--The Clearinghouse shall use the funds provided under a grant or contract made under subsection (a)-- ``(1) to maintain a repository of instructional materials and related information regarding financial education programs for elementary schools and secondary schools, including kindergartens, for use by States, localities, and the general public; ``(2) to disseminate to States, localities, and the general public, through electronic and other means, instructional materials and related information regarding financial education programs for elementary schools and secondary schools, including kindergartens; and ``(3) to the extent that resources allow, to provide technical assistance to States, localities, and the general public on the design, establishment, and implementation of financial education programs for elementary schools and secondary schools, including kindergartens. ``(f) Consultation.--The chief executive officer of the eligible entity selected to establish and operate the Clearinghouse shall consult with the Department of the Treasury and the Securities and Exchange Commission with respect to its activities under subsection (e). ``(g) Submission to Clearinghouse.--Each Federal agency or department that develops financial educational programs and instructional materials for such programs shall submit to the Clearinghouse information on the programs and copies of the materials. ``(h) Application of Copyright Laws.--In carrying out this section, the Clearinghouse shall comply with the provisions of title 17, United States Code. ``SEC. 4404. EVALUATION AND REPORT. ``(a) Performance Measures.--The Secretary shall develop measures to evaluate the performance of programs assisted under sections 4402 and 4403. ``(b) Evaluation According to Performance Measures.--Applying the performance measures developed under subsection (a), the Secretary shall evaluate programs assisted under sections 4402 and 4403-- ``(1) to judge the programs' performance and effectiveness; ``(2) to identify which of the programs represent the best practices of entities developing financial education programs for students in kindergarten through grade 12; and ``(3) to identify which of the programs may be replicated and used to provide technical assistance to States, localities, and the general public. ``(c) Report.-- ``(1) In general.--For each fiscal year for which there are appropriations under section 4407(a), the Secretary shall transmit a report to Congress describing the status of the implementation of this part. ``(2) Contents of report.--The report required under paragraph (1) shall include-- ``(A) the results of the evaluation required under subsection (b); and ``(B) a description of the programs supported under section 4402. ``SEC. 4405. DEFINITIONS. ``In this part: ``(1) Financial education.--The term `financial education' means educational activities and experiences, planned and supervised by qualified teachers, that enable students-- ``(A) to understand basic economic and consumer principles; ``(B) to acquire the skills and knowledge necessary to manage personal and household finances; and ``(C) to develop a range of competencies that will enable the students to become responsible consumers. ``(2) Qualified teacher.--The term `qualified teacher' means a teacher who holds a valid teaching certification or is considered to be qualified by the State educational agency in the State in which the teacher works. ``SEC. 4406. PROHIBITION. ``Nothing in this part shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school's specific instructional content, curriculum, or program of instruction, as a condition of eligibility to receive funds under this part. ``SEC. 4407. AUTHORIZATION OF APPROPRIATIONS. ``(a) Authorization.--For the purposes of carrying out this part, there are authorized to be appropriated $100,000,000 for each of the fiscal years 2007 through 2011. ``(b) Limitation on Funds for Clearinghouse.--The Secretary may use not less than 2 percent and not more than 5 percent of amounts appropriated under subsection (a) for each fiscal year to carry out section 4403. ``(c) Limitation on Funds for Secretary Evaluation.--The Secretary may use not more than $200,000 from the amounts appropriated under subsection (a) for each fiscal year to carry out subsections (a) and (b) of section 4404. ``(d) Limitation on Administrative Costs.--Except as necessary to carry out subsections (a) and (b) of section 4404 using amounts described in subsection (c), the Secretary shall not use any portion of the amounts appropriated under subsection (a) for the costs of administering this part.''. (b) Table of Contents.--The table of contents of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 note) is amended by inserting after the item relating to section 4304 the following: ``PART D--PROMOTING YOUTH FINANCIAL LITERACY ``Sec. 4401. Short title and findings. ``Sec. 4402. State grant program. ``Sec. 4403. Clearinghouse. ``Sec. 4404. Evaluation and report. ``Sec. 4405. Definitions. ``Sec. 4406. Prohibition. ``Sec. 4407. Authorization of appropriations.''. (c) GAO Study.-- (1) Study.--The Comptroller General shall conduct an annual study of the effectiveness of the programs and activities assisted under part D of title IV of the Elementary and Secondary Education Act of 1965. (2) Report.--The Comptroller General shall prepare and submit to Congress a report on the results of each study conducted under paragraph (1). The first such report shall be submitted 1 year after the date of enactment of this Act and subsequent reports shall be submitted each year thereafter. (3) Authorization of appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2007 and each of the 4 succeeding fiscal years thereafter.

Protection of Young Consumers Act of 2006 - Amends the Fair Credit Reporting Act to prohibit consumer reporting agencies from furnishing reports in connection with firm offers of credit or insurance that are not initiated by consumers under age 21. Allows consumers who are at least 18, but not yet 21, to elect, in writing, to have their names and addresses included in any list of names provided by such agencies in connection with such transactions. Youth Financial Education Act - Amends the Elementary and Secondary Education Act of 1965 to establish a new title IV part D Promoting Youth Financial Literacy. Authorizes the Secretary of Education to award grants to state educational agencies to implement financial education programs for elementary and secondary school students. Makes a state's allocation proportionate to its share of such students. Directs the Secretary to: (1) make a competitive five year grant to, or contract with, a national nonprofit organization to establish a national clearinghouse for instructional materials and information on model financial education programs and best practices; and (2) develop and use performance measures to evaluate the financial education programs and clearinghouse established pursuant to this Act.

A bill to protect consumers, and especially young consumers, from skyrocketing consumer debt and the barrage of credit card solicitations, to establish a financial literacy and education program in elementary and secondary schools to help prepare young people to be financially responsible consumers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Compassionate Assistance for Rape Emergencies Act of 2007''. SEC. 2. FINDINGS. The Congress finds as follows: (1) It is estimated that 25,000 to 32,000 women become pregnant each year as a result of rape or incest. Timely access to emergency contraception could help many of these rape survivors avoid the additional trauma of facing an unintended pregnancy. (2) A 1996 study of rape-related pregnancies (published in the American Journal of Obstetrics and Gynecology) found that 50 percent of the pregnancies described in paragraph (1) ended in abortion. (3) Surveys have shown that many hospitals do not routinely provide emergency contraception to women seeking treatment after being sexually assaulted. (4) The risk of pregnancy after sexual assault has been estimated to be 4.7 percent in survivors who were not protected by some form of contraception at the time of the attack. (5) The Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy if taken in the first 72 hours of sex. (6) Medical research strongly indicates that the sooner emergency contraception is administered, the greater the likelihood of preventing unintended pregnancy. (7) In light of the safety and effectiveness of emergency contraceptive pills, both the American Medical Association and the American College of Obstetricians and Gynecologists have endorsed more widespread availability of such pills to women of all ages. (8) The American College of Emergency Physicians and the American College of Obstetricians and Gynecologists agree that offering emergency contraception to female patients after a sexual assault should be considered the standard of care. (9) Approximately one-third of women of reproductive age remain unaware of emergency contraception. Therefore, women who have been sexually assaulted are unlikely to ask for emergency contraception. (10) It is essential that all hospitals that provide emergency medical treatment provide emergency contraception as a treatment option to any woman who has been sexually assaulted, so that she may prevent an unintended pregnancy. SEC. 3. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF EMERGENCY CONTRACEPTIVES WITHOUT CHARGE. (a) In General.--Federal funds may not be provided to a hospital under title XVIII of the Social Security Act or to a State, with respect to services of a hospital, under title XIX of such Act, unless the hospital meets the conditions specified in subsection (b) in the case of-- (1) any woman who presents at the hospital and states that she is a victim of sexual assault, or is accompanied by someone who states she is a victim of sexual assault; and (2) any woman who presents at the hospital whom hospital personnel have reason to believe is a victim of sexual assault. (b) Assistance for Victims.--The conditions specified in this subsection regarding a hospital and a woman described in subsection (a) are as follows: (1) The hospital promptly provides the woman with medically and factually accurate and unbiased written and oral information about emergency contraception, including information explaining that-- (A) emergency contraception has been approved by the Food and Drug Administration as an over-the-counter medication for women ages 18 and over and is a safe and effective way to prevent pregnancy after unprotected intercourse or contraceptive failure if taken in a timely manner; (B) emergency contraception is more effective the sooner it is taken; and (C) emergency contraception does not cause an abortion and cannot interrupt an established pregnancy. (2) The hospital promptly offers emergency contraception to the woman, and promptly provides such contraception to her at the hospital on her request. (3) The information provided pursuant to paragraph (1) is in clear and concise language, is readily comprehensible, and meets such conditions regarding the provision of the information in languages other than English as the Secretary may establish. (4) The services described in paragraphs (1) through (3) are not denied because of the inability of the woman or her family to pay for the services. (c) Definitions.--For purposes of this section: (1) The term ``emergency contraception'' means a drug, drug regimen, or device that is-- (A) approved by the Food and Drug Administration to prevent pregnancy; and (B) is used postcoitally. (2) The term ``hospital'' has the meaning given such term in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)), and includes critical access hospitals, as defined in section 1861(mm)(1) of such Act (42 U.S.C. 1395x(mm)(1)). (3) The term ``Secretary'' means the Secretary of Health and Human Services. (4) The term ``sexual assault'' means coitus in which the woman involved does not consent or lacks the legal capacity to consent. (d) Effective Date; Agency Criteria.--This section takes effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act. Not later than 30 days prior to the expiration of such period, the Secretary shall publish in the Federal Register criteria for carrying out this section.

Compassionate Assistance for Rape Emergencies Act of 2007 - Prohibits any federal funds from being provided to a hospital under title XVIII (Medicare) of the Social Security Act or to a state, with respect to hospital services, under title XIX (Medicaid) of such Act, unless the hospital meets certain conditions related to a woman who is a victim of sexual assault, including that the hospital: (1) provides the woman with accurate and unbiased information about emergency contraception; (2) offers emergency contraception to the woman; (3) provides the woman such contraception at the hospital on her request; and (4) does not deny any such services because of the inability of the woman or her family to pay.

To provide for the provision by hospitals receiving Federal funds through the Medicare Program or Medicaid Program of emergency contraceptives to women who are survivors of sexual assault.

SECTION 1. PROVISIONS RELATING TO TITLE 5, UNITED STATES CODE. (a) Additional Plans.-- (1) In general.--Section 8903 of title 5, United States Code, is amended by adding at the end the following new paragraph: ``(5) High deductible health plans.--One or more plans described in paragraph (1), (2), (3), or (4), which-- ``(A) are high deductible health plans (as defined by section 220(c)(2) of the Internal Revenue Code of 1986); and ``(B) provide benefits of the types referred to by section 8904(a)(5).''. (2) Types of benefits.--Section 8904(a) of such title is amended by inserting after paragraph (4) the following new paragraph: ``(5) High deductible health plans.--Benefits of the types named under paragraph (1) or (2) of this subsection or both.''. (3) Conforming amendment.--Section 8903a(a) of such title is amended by striking ``section.'' and inserting ``section (including plans described by section 8903(5)).''. (b) Contributions.-- (1) Allowing payment of full amount of charge for high deductible health plan.--Section 8906(b)(2) of title 5, United States Code, is amended by inserting ``(or 100 percent of the subscription charge in the case of a high deductible health plan)'' after ``75 percent of the subscription charge''. (2) Government contribution to medical savings accounts.-- Section 8906 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(j)(1) In the case of an employee or annuitant who is enrolled in a high deductible health plan, if the maximum Government contribution (as computed under subsection (b)(1)) exceeds the total subscription charge of the plan in which the employee or annuitant is enrolled, then, the excess shall be paid into such medical savings account (of such employee or annuitant) as the employee or annuitant may designate. ``(2) Contributions under this subsection shall be made on the same biweekly (or other periodic) basis as the Government contributions otherwise being made on behalf of the employee or annuitant involved. ``(3) For purposes of carrying out this subsection in the case of an employee occupying a position on a part-time career employment basis, the maximum Government contribution shall be equal to the amount computed with respect to such employee under subsection (b)(3). ``(4) Subsections (f), (g), and (h) shall apply with respect to contributions under this subsection. ``(5) A designation under paragraph (1) shall be made in such time and manner as the Office by regulation requires. ``(6) For the purpose of this subsection-- ``(A) the term `medical savings account' has the meaning given such term by section 220(d) of the Internal Revenue Code of 1986; and ``(B) the term `high deductible health plan' means a high deductible health plan described by section 8903(5).''. (3) Disregarding high deductible health plans in determining level of government contributions.--Section 8906(a) of such title is amended-- (A) in paragraph (1) by striking ``plan;'' and inserting ``plan described by section 8903(1);''; (B) in paragraph (2) by striking ``plan;'' and inserting ``plan described by section 8903(2);''; (C) in paragraph (3) by inserting ``described by section 8903(3)'' after ``plans''; and (D) in paragraph (4) by inserting ``described by section 8903(4)'' after ``plans''. (c) Effective Date.--The amendments made by this section shall apply to contract years beginning after December 31, 1997. SEC. 2. PROVISIONS RELATING TO THE INTERNAL REVENUE CODE OF 1986. (a) In General.--Section 220 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(k) Federal Employees Health Benefit Plan.--For purposes of this section-- ``(1) Federal government.--The Federal Government shall be treated as a small employer. ``(2) Limitation on deduction in case of annuitant, etc.-- Subparagraph (A) of subsection (b)(4) shall not apply in the case of an individual who elects coverage under section 8905 or 8905a of title 5, United States Code, and who is enrolled in a high deductible health plan under chapter 89 of such title. ``(3) Coordination with exclusion for employer contributions.--The amount allowable for a taxable year as a deduction under subsection (a) to an individual described in paragraph (2) of this subsection shall be reduced (but not below zero) by the amount which would (but for section 106(b)) be includible in such individual's gross income for such taxable year. The limitation of the preceding sentence shall be in lieu of the limitation of subsection (b)(5). ``(4) Numerical limitations and sunset.-- ``(A) Subsection (i) shall not apply to an individual described in paragraph (2). ``(B) Subsection (j) shall be applied without regard to a medical savings account established on behalf of an individual described in paragraph (2).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1997.

Amends Federal law relating to health insurance for Federal employees to authorize the Office of Personnel Management to contract for or approve one or more high deductible plans providing specified benefits. Allows the Government contribution for high deductible plans to be 100 percent of the subscription charge. Requires that, if 60 percent of the average subscription charge exceeds the total subscription charge of an employee's or annuitant's plan, the excess be paid into the employee's or annuitant's medical savings account. Determines that average disregarding high deductible plans. Amends Internal Revenue Code medical savings account provisions to require, for those provisions, treating the Federal Government as a small employer. Exempts individuals in high deductible plans from provisions limiting: (1) the medical savings account deduction to the compensation of the individual (provides for coordination with the exclusion for employer contributions); and (2) the number of taxpayers having medical savings accounts.

To make medical savings accounts available in connection with certain health plans under chapter 89 of title 5, United States Code, and for other purposes.

SECTION 1. DECEPTIVE GAMES OF CHANCE MAILINGS ELIMINATION. (a) Short Title.--This Act may be cited as the ``Deceptive Games of Chance Mailings Elimination Act of 1998''. (b) Nonmailable Matter.-- (1) In general.--Section 3001 of title 39, United States Code, is amended-- (A) by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and (B) by inserting after subsection (i) the following: ``(j)(1) Matter otherwise legally acceptable in the mails that constitutes a solicitation or offer in connection with the sales promotion for a product or service or the promotion of a game of skill that includes the chance or opportunity to win anything of value and that contains words or symbols that suggest the recipient will, or is likely to, receive anything of value, shall conform with requirements prescribed in regulations issued by the Postmaster General. ``(2) Matter not in conformance with the regulations prescribed under paragraph (1) shall not be carried or delivered by mail and shall be disposed of as the Postal Service directs. ``(3) Regulations prescribed under paragraph (1) shall require, at a minimum, that-- ``(A) promotion of games of chance mailings contain notification or disclosure statements, with sufficiently large and noticeable type to be effective notice to recipients that-- ``(i) any recipient is not obligated to purchase a product in order to win; ``(ii) sets out the chances of winning accurately; and ``(iii) advises that purchases do not enhance the recipient's chances of winning; ``(B) games of chance mailings shall be clearly labeled to-- ``(i) identify such mailings as games of chance mailings; and ``(ii) prohibit misleading statements representing that recipients are guaranteed winners; and ``(C) solicitations in games of chance mailings may not represent that the recipient is a member of a selected group whose chances of winning are enhanced as a member of that group.''. (2) False representations.--Section 3005(a) of title 39, United States Code, is amended-- (A) in the first sentence by striking ``section 3001 (d), (h), or (i)'' and inserting ``section 3001 (d), (h), (i), or (j)''; and (B) in the second sentence by striking ``section 3001 (d), (h), or (i)'' and inserting ``section 3001 (d), (h), (i), or (j)''. (c) Administrative Subpoenas.-- (1) In general.--Chapter 30 of title 39, United States Code, is amended by adding at the end the following: ``Sec. 3016. Administrative subpoenas ``(a) Authorization of Use of Subpoenas by Postmaster General.--In any investigation conducted under this chapter, the Postmaster General may require by subpoena the production of any records (including books, papers, documents, and other tangible things which constitute or contain evidence) which the Postmaster General finds relevant or material to the investigation. ``(b) Service.--(1) A subpoena issued under this section may be served by a person designated under section 3061 of title 18 at any place within the territorial jurisdiction of any court of the United States. ``(2) Any such subpoena may be served upon any person who is not to be found within the territorial jurisdiction of any court of the United States, in such manner as the Federal Rules of Civil Procedure prescribe for service in a foreign country. To the extent that the courts of the United States may assert jurisdiction over such person consistent with due process, the United States District Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance with this section by such person that such court would have if such person were personally within the jurisdiction of such court. ``(3) Service of any such subpoena may be made by a Postal Inspector upon a partnership, corporation, association, or other legal entity by-- ``(A) delivering a duly executed copy thereof to any partner, executive officer, managing agent, or general agent thereof, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such partnership, corporation, association, or entity; ``(B) delivering a duly executed copy thereof to the principal office or place of business of the partnership, corporation, association, or entity; or ``(C) depositing such copy in the United States mails, by registered or certified mail, return receipt requested, duly addressed to such partnership, corporation, association, or entity at its principal office or place of business. ``(4) Service of any subpoena may be made upon any natural person by-- ``(A) delivering a duly executed copy to the person to be served; or ``(B) depositing such copy in the United States mails by registered or certified mail, return receipt requested, duly addressed to such person at his residence or principal office or place of business. ``(5) A verified return by the individual serving any such subpoena setting forth the matter of such service shall be proof of such service. In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such subpoena. ``(c) Enforcement.--(1) Whenever any person, partnership, corporation, association, or entity fails to comply with any subpoena duly served upon him, the Postmaster General may request that the Attorney General seek enforcement of the subpoena in the district court of the United States for any judicial district in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of this section. ``(2) Whenever any petition is filed in any district court of the United States under this section, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry into effect the provisions of this section. Any final order entered shall be subject to appeal under section 1291 of title 28. Any disobedience of any final order entered under this section by any court shall be punished as contempt. ``(d) Disclosure.--Any documentary material provided pursuant to any subpoena issued under this section shall be exempt from disclosure under section 552 of title 5.''. (2) Regulations.--Not later than 180 days after the date of enactment of this section, the Postal Service shall promulgate regulations setting out the procedures the Postal Service will use to implement this subsection. (3) Technical and conforming amendment.--The table of sections for chapter 30 of title 39, United States Code, is amended by adding at the end the following: ``3016. Administrative subpoenas.''. (d) Administrative Civil Penalties for Nonmailable Matter Violations.--Section 3012 of title 39, United States Code, is amended by adding at the end the following: ``(e)(1) In any proceeding in which the Postal Service issues an order under section 3005(a), the Postal Service may assess civil penalties in an amount of $10,000 per violation for each mailing of nonmailable matter as defined under any provision of this chapter. ``(2) The Postal Service shall prescribe regulations to carry out the subsection.''.

Deceptive Games of Chance Mailings Elimination Act of 1998 - Amends Federal postal law concerning nonmailable matter with respect to otherwise legally acceptable matter constituting a solicitation or offer in connection with the promotion of a game of chance that contains words or symbols suggesting the recipient will, or is likely to, receive anything of value. Requires such matter to conform with specified regulations issued by the Postmaster General before it may be carried or delivered by mail. Subjects matter violating such regulations to current cease and desist and other postal law sanctions involving false representations and lotteries. Requires any otherwise legally acceptable matter not in conformance with such regulations to be disposed of as the Postal Service directs. Authorizes the use of administrative subpoenas by the Postmaster General in any investigation involving nonmailable matter.

Deceptive Games of Chance Mailings Elimination Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs for America Act of 2004''. SEC. 2. AMENDMENTS TO THE WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT. (a) Definition.--Section 2(a) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101(a)) is amended-- (1) in paragraph (3)(B), by striking ``for--'' and all that follows through ``500 employees'' in clause (ii), and inserting ``for at least 50 employees''; (2) in paragraph (7), by striking ``and'' at the end; (3) in paragraph (8), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(9) the term `offshoring of jobs' means any action taken by an employer the effect of which is to create, shift, or transfer work or facilities outside the United States and which results in an employment loss during any 30 day period for 15 or more employees.''. (b) Determinations With Respect to Employment Loss.--Section 3(d) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(d)) is amended-- (1) by striking ``each of which'' and inserting ``1 or more of which''; and (2) by striking ``within any 90-day period'' and inserting ``within any 180-day period''. (c) Notice.--Section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``60-day'' and inserting ``90-day''; and (B) in paragraph (1), by striking ``and'' at the end; (C) in paragraph (2), by striking the period and inserting ``; and''; and (D) by inserting after paragraph (2), the following: ``(3) to the Secretary of Labor.''; (2) in subsection (b), by striking ``60-day'' each place that such appears and inserting ``90-day''; and (3) by adding at the end the following: ``(e) Notice for Offshoring of Jobs.--In the case of a notice under subsection (a) regarding the offshoring of jobs, the notice shall include, in addition to the information otherwise required by the Secretary with respect to other notices under such subsection, information concerning-- ``(1) the number of jobs affected; ``(2) the location to which work or facilities are being shifted or transferred; and ``(3) the reasons that such shifting or transferring of work or facilities is occurring.''. (d) Technical Amendments.--The Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) is amended-- (1) by striking ``plant closing or mass layoff'' each place that such appears and inserting ``plant closing, mass layoff, or offshoring of jobs''; (2) by striking ``closing or layoff'' each place that such appears and inserting ``closing, layoff, or offshoring''; and (3) in section 3-- (A) in the section heading by striking ``plant closings and mass layoffs'' and inserting ``plant closings, mass layoffs, and offshoring of jobs''; (B) in subsection (b)(2)(A), by striking ``closing or mass layoff'' and inserting ``closing, layoff, or offshoring''; and (C) in subsection (d), by striking ``section 2(a)(2) or (3)'' and inserting ``paragraph (2), (3), or (9) of section 2(a)''. (e) Civil Actions Against Employers.--Section 5(a) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2104(a)) is amended-- (1) in paragraph (1), by striking ``60 days'' and inserting ``90 days''; (2) in paragraph (1)(A)(ii), by striking ``and''; (3) in paragraph (1)(B), by striking the period and inserting ``; and''; (4) in paragraph (1), by inserting after subparagraph (B) the following: ``(C) any other consequential damages incurred by the aggrieved employee as a result of the violation of section 3 of this Act.''; (5) in paragraph (3), by inserting ``State or'' after ``with respect to a''; (6) in paragraph (4), by adding at the end the following: ``If the court determines that an employer acted in bad faith in an attempt to evade the requirements of this Act, the court may, in its discretion, award to persons seeking to enforce this Act, treble damages.''; and (7) in paragraph (5), by inserting ``, a State,'' after ``a representative of employees''. (f) Posting of Employee Rights.--The Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) is amended by adding at the end the following: ``SEC. 11. POSTING OF NOTICE OF RIGHTS. ``(a) Development.--Not later than 60 days after the date of enactment of this section, the Secretary of Labor shall develop a notice of employee rights under this Act for posting by employers. ``(b) Posting.--Each employer shall post in a conspicuous place in places of employment the notice of the rights of employees as developed by the Secretary under subsection (a).''. (g) Annual Report.--The Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.), as amended by subsection (d), is further amended by adding at the end the following: ``SEC. 12. CONTENTS OF ANNUAL REPORTS BY THE SECRETARY OF LABOR. ``(a) In General.--The Secretary of Labor shall collect and compile statistics based on the information submitted to the Secretary under subsections (a)(3) and (e) of section 3. ``(b) Report.--Not later than 120 days after the date on which each regular session of Congress commences, the Secretary of Labor shall prepare and submit to the President and the appropriate committees of Congress a report on the offshoring of jobs (as defined in section 2(a)(9)). Each such report shall include information concerning-- ``(1) the number of jobs affected by offshoring; ``(2) the locations to which work or facilities are being shifted or transferred; ``(3) the reasons why such shifts and transfers are occurring; and ``(4) any other relevant data compiled under subsection (a).''.

Jobs for America Act of 2004 - Amends the Worker Adjustment and Retraining Notification Act to provide protections for employees relating to the offshoring of jobs. Revises the definition of mass layoff to mean a reduction in force which is not the result of a plant closing and results in an employment loss at the single site of employment for a 30-day period for at least 50 employees. Defines offshoring of jobs as any action taken by an employer the effect of which is to create, shift, or transfer work or facilities outside the United States and which results in an employment loss during any 30 day period for 15 or more employees. Sets forth requirements for notices for offshoring of jobs. Establishes requirements for posting of notice of rights by employers and for contents of annual reports by the Secretary of Labor. Revises provisions relating to: (1) determinations with respect to employment loss; and (2) civil actions against employers.

To amend the Worker Adjustment and Retraining Notification Act to provide protections for employees relating to the offshoring of jobs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Utilities Turnback (CUT) Trust Fund Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The overall net income for the production of electricity for California consumers increased 333 percent between the second quarters of 1999 and 2000. (2) The California Public Utilities Commission approved a rate hike for individual and business consumers between 7 and 15 percent. (3) Electricity prices are expected to continue to rise as a result of climbing natural gas prices. (4) Consumers are paying higher prices for electricity while profits for producers are reaching record levels. (b) Purpose.--The purpose of this Act is to transfer windfall profits from the production of domestic electricity to fund assistance, in the form of rebates, for individual and business consumers. SEC. 3. WINDFALL PROFIT ADJUSTMENT ON DOMESTIC ELECTRICITY PRODUCTION. (a) In General.--Subtitle D of the Internal Revenue Code of 1986 (relating to miscellaneous excise taxes) is amended by inserting after chapter 44 the following new chapter: ``CHAPTER 45--WINDFALL PROFIT ADJUSTMENT ON DOMESTIC ELECTRICITY PRODUCTION ``Sec. 4986. Imposition of tax. ``SEC. 4986. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, an excise tax is imposed on the windfall profit from the sale of electricity produced from a facility located in the United States at a rate equal to 100 percent of such windfall profit. ``(b) Windfall Profit.--For purposes of this section-- ``(1) In general.--The term `windfall profit' means, with respect to the sale of electricity, so much of the profit from such sale as exceeds a reasonable profit from such sale determined for the calendar year in which such sale occurs. ``(2) Reasonable profit.--The term `reasonable profit' means, with respect to any calendar year, the average of the reasonable profit determinations made by State public utility commissions for such year as calculated by the Federal Energy Regulatory Commission. ``(c) Tax Paid by Producer.--The tax imposed by this section shall be paid by the producer selling the electricity. ``(d) Definitions and Other Rules.--For purposes of this section-- ``(1) Producer.--The term `producer' means the holder of the economic interest with respect to the electricity. ``(2) Other administrative provisions.--For purposes of subtitle F, any tax imposed by this section shall be treated as a tax imposed by subtitle A. ``(e) Records and Information.--Each taxpayer liable for tax under this section shall keep such records, make such returns, and furnish such statements and other information (to the Secretary and to other persons having an interest in sale of the production of electricity) with respect to such sale as the Secretary may by regulations prescribe. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.''. (b) Conforming Amendments.-- (1) Section 275(a)(6) of the Internal Revenue Code of 1986 is amended by inserting ``45,'' after ``44,''. (2) Section 6103(d)(1) of such Code is amended by inserting ``45,'' after ``44,''. (3) Section 6302(b) of such Code is amended by striking ``or 33'' and inserting ``33, or 45''. (4) Section 6416(a)(1) of such Code is amended by inserting ``, or chapter 45 (relating to windfall profit adjustment on domestic electricity production),''. (5) Section 6416(d) of such Code is amended by striking ``or 32'' and inserting ``32, or 45''. (6) The table of chapters of subtitle D of such Code is amended by inserting after the item relating to chapter 44 the following: ``Chapter 45. Windfall profit adjustment on electricity production.''. SEC. 4. ALLOCATION OF REVENUES FROM WINDFALL PROFIT ADJUSTMENT ON ELECTRICITY PRODUCTION TO INDIVIDUAL AND BUSINESS CONSUMERS. (a) Establishment of Consumer Utilities Turnback Trust Fund.-- Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9511. CONSUMER UTILITIES TURNBACK TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Consumer Utilities Turnback Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.-- ``(1) In general.--There are appropriated to the Consumer Utilities Turnback Trust Fund amounts equivalent to the net revenues received in the Treasury from the taxes imposed by section 4986. ``(2) Net revenues.--The term `net revenues' means the amount estimated by the Secretary based on the excess of-- ``(A) the taxes received in the Treasury as described in paragraph (1), over ``(B) the decrease in the tax imposed by chapter 1 resulting from the imposition of the taxes described in paragraph (1). ``(c) Expenditures From Consumer Utilities Turnback Trust Fund.-- Amounts in the Consumer Utilities Turnback Trust Fund shall be available, without further appropriation, for rebates for individual and business electricity consumers as provided by the Federal Energy Regulatory Commission, after the Commission has received from the Governor of any State a petition to fund such rebates. The funds must be spent within the fiscal year in which such funds were made available.''. (b) Conforming Amendment.--The table of sections for subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 9511. Consumer Utilities Turnback Trust Fund.''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply to sales after December 31, 2000.

Consumer Utilities Turnback (CUT) Trust Fund Act of 2001 - Amends the Internal Revenue Code to impose an excise tax on the windfall profit from the sale of electricity produced from a facility located in the United States at a rate equal to 100 percent of such windfall profit.Establishes the Consumer Utilities Turnback Trust Fund into which shall be appropriated revenues from such tax. Provides that amounts in the Fund shall be available, without further appropriation, for specified rebates for individual and business electricity consumers.

A bill to amend the Internal Revenue Code of 1986 to impose a windfall profits adjustment on the production of domestic electricity and to use the resulting revenues to fund rebates for individual and business electricity consumers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Liquid Transportation Fuel Promotion Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Biomass.--The term ``biomass'' means any organic material other than oil and natural gas (or any product thereof). (2) Coal.--The term ``coal'' means any carbonized or semicarbonized matter, including peat and biomass. (3) Coal-to-liquid.--The term ``coal-to-liquid'' means-- (A) with respect to a process or technology, the use of the coal resources of the United States, using the class of chemical reactions known as Fischer- Tropsch, to produce synthetic fuel suitable for transportation; and (B) with respect to a facility, the portion of a facility related to the Fischer-Tropsch process, Fischer-Tropsch finished fuel production, or the capture, transportation, or sequestration of byproducts of the use of coal at the Fischer-Tropsch facility, including carbon emissions. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. COAL-TO-LIQUID FUEL LOAN GUARANTEE PROGRAM. (a) Eligible Projects.--Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end the following: ``(11) Large-scale coal-to-liquid facilities (as defined in section 2 of the Alternative Liquid Transportation Fuel Promotion Act of 2006), that use coal resources of the United States to produce not less than 5,000 barrels a day of liquid transportation fuel.''. (b) Authorization of Appropriations.--Section 1704 of the Energy Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end the following: ``(c) Coal-to-Liquid Projects.-- ``(1) In general.--There are authorized to be appropriated such sums as are necessary to provide the cost of guarantees for projects involving large-scale coal-to-liquid facilities under section 1703(b)(11). ``(2) Limitations.-- ``(A) In general.--No loan guarantees shall be provided under this title for projects described in paragraph (1) after (as determined by the Secretary)-- ``(i) the tenth such loan guarantee is issued under this title; or ``(ii) production capacity covered by such loan guarantees reaches 100,000 barrels per day of coal-to-liquid fuel. ``(B) Individual projects.-- ``(i) In general.--A loan guarantee may be provided under this title for any large-scale coal-to-liquid facility described in paragraph (1) that produces no more than 20,000 barrels of coal-to-liquid fuel per day. ``(ii) Non-federal funding requirement.--To be eligible for a loan guarantee under this title, a large-scale coal-to-liquid facility described in paragraph (1) that produces more than 20,000 barrels of coal-to-liquid fuel per day shall be required to provide non-Federal funding for the proportional cost of the loan guarantee for production that exceeds 20,000 barrels of coal-to-liquid fuel per day.''. SEC. 4. COAL-TO-LIQUID FACILITIES LOAN PROGRAM. (a) Definition of Eligible Recipient.--In this section, the term ``eligible recipient'' means an individual, organization, or other entity that owns, operates, or plans to construct a coal-to-liquid facility that will produce at least 5,000 barrels per day of coal-to- liquid fuel. (b) Establishment.--The Secretary shall establish a program under which the Secretary shall provide loans, in a total amount not to exceed $20,000,000, for use by eligible recipients to pay the Federal share of the cost of obtaining any services necessary for the planning, permitting, and construction of a coal-to-liquid facility. (c) Application.--To be eligible to receive a loan under subsection (b), an owner or operator of a coal-to-liquid facility shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Non-Federal Match.--To be eligible to receive a loan under this section, an eligible recipient shall use non-Federal funds to provide a dollar-for-dollar match of the amount of the loan. (e) Repayment of Loan.-- (1) In general.--To be eligible to receive a loan under this section, an eligible recipient shall agree to repay the original amount of the loan to the Secretary not later than 5 years after the date of the receipt of the loan. (2) Source of funds.--Repayment of a loan under paragraph (1) may be made from any financing or assistance received for the construction of a coal-to-liquid facility described in subsection (a), including a loan guarantee provided under section 1703(b)(11) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)(11)). (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $200,000,000, to remain available until expended. SEC. 5. STRATEGIC PETROLEUM RESERVE. (a) Development, Operation, and Maintenance of Reserve.--Section 159 of the Energy Policy and Conservation Act (42 U.S.C. 6239) is amended-- (1) by redesignating subsections (f), (g), (j), (k), and (l) as subsections (a), (b), (e), (f), and (g), respectively; and (2) by inserting after subsection (b) (as redesignated by paragraph (1)) the following: ``(c) Study of Maintaining Coal-to-Liquid Products in Reserve.--Not later than 1 year after the date of enactment of the Alternative Liquid Transportation Fuel Promotion Act of 2006, the Secretary shall-- ``(1) conduct a study of the feasibility and suitability of maintaining coal-to-liquid products in the Reserve; and ``(2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the results of the study. ``(d) Construction or Lease of Storage Facilities.--As soon as practicable after the date of enactment of the Alternative Liquid Transportation Fuel Promotion Act of 2006, the Secretary may construct or lease 1 or more storage facilities-- ``(1) in the vicinity of pipeline infrastructure and at least 1 military base; but ``(2) outside the boundaries of any State on the coast of the Gulf of Mexico.''. (b) Petroleum Products for Storage in Reserve.--Section 160 of the Energy Policy and Conservation Act (42 U.S.C. 6240) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting a semicolon at the end; (B) in paragraph (2), by striking ``and'' at the end; (C) in paragraph (3), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(4) coal-to-liquid products (as defined in section 2 of the Alternative Liquid Transportation Fuel Promotion Act of 2006), as the Secretary determines to be appropriate, in a quantity not to exceed 20 percent of the total quantity of petroleum products in the Reserve.''; (2) in subsection (b), by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; and (3) by redesignating subsections (f) and (h) as subsections (d) and (e), respectively. (c) Conforming Amendments.--Section 167 of the Energy Policy and Conservation Act (42 U.S.C. 6247) is amended-- (1) in subsection (b)-- (A) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (B) in paragraph (2) (as redesignated by subparagraph (A)), by striking ``section 160(f)'' and inserting ``section 160(e)''; and (2) in subsection (d), in the matter preceding paragraph (1), by striking ``section 160(f)'' and inserting ``section 160(e)''.

Alternative Liquid Transportation Fuel Promotion Act of 2006 - Amends the Energy Policy Act of 2005 to declare eligible for a federal loan guarantee commitment large-scale coal-to-liquid facilities that use coal resources of the United States to produce at least 5,000 barrels a day of liquid transportation fuel. Directs the Secretary of Energy to establish a federal loan program to pay the federal share of the cost of obtaining any services necessary for the planning, permitting, and construction of a coal-to-liquid facility. Amends the Energy Policy and Conservation Act to direct the Secretary to study and report to certain congressional committees on the feasibility and suitability of maintaining coal-to-liquid products in the Strategic Petroleum Reserve. Authorizes the Secretary to construct or lease storage facilities in the vicinity of pipeline infrastructure and at least one military base, but outside the boundaries of any state on the coast of the Gulf of Mexico.

To promote coal-to-liquid fuel activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investment Tax Simplification Act of 2005''. SEC. 2. PERMANENT REDUCTION IN CAPITAL GAINS RATES FOR INDIVIDUALS AND CORPORATIONS. (a) Repeal of Sunset of Reduction in Capital Gains Rates for Individuals.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 shall not apply to section 301 of such Act. (b) Further Reduction in and Simplification of Capital Gains Rates for Individuals.-- (1) In general.--Paragraph (1) of section 1(h) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) In general.--If a taxpayer has a net capital gain for any taxable year, the tax imposed by this section for such taxable year shall not exceed the sum of-- ``(A) a tax computed at the rates and in the same manner as if this subsection had not been enacted on taxable income reduced by the net capital gain, and ``(B) 15 percent of the excess (if any) of-- ``(i) the net capital gain (or, if less, taxable income), over ``(ii) the amount of taxable income which would (without regard to this paragraph) be taxed at a rate below 25 percent.''. (2) Alternative minimum tax.--Paragraph (3) of section 55(b) of such Code is amended to read as follows: ``(3) Maximum rate of tax on net capital gain of noncorporate taxpayers.--The amount determined under the first sentence of paragraph (1)(A)(i) shall not exceed the sum of-- ``(A) the amount determined under such first sentence computed at the rates and in the same manner as if this paragraph had not been enacted on the taxable excess reduced by the net capital gain, plus ``(B) the amount determined under section 1(h)(1)(B).''. (3) Conforming amendments.-- (A)(i) Subsection (h) of section 1 of such Code is amended by striking paragraphs (3) through (8) and by redesignating paragraphs (9), (10), and (11) as paragraphs (3), (4), and (5), respectively. (ii) Sections 163(d)(4)(B), 854(b)(5), and 857(c)(2)(D) of such Code are each amended by striking ``section 1(h)(11)(B)'' and inserting ``section 1(h)(5)(B)''. (iii) Sections 301(f)(4), 306(a)(1)(D), 584(c), 702(a)(5), 854(a), and 854(b)(2) of such Code are each amended by striking ``section 1(h)(11)'' and inserting ``section 1(h)(5)''. (iv) The heading of section 857(c)(2) of such Code is amended by striking ``Section 1(h)(11)'' and inserting ``Section 1(h)(5)''. (B) Section 4985(a)(1) of such Code is amended by striking ``section 1(h)(1)(C)'' and inserting ``section 1(h)(1)(B)''. (c) Reduced Capital Gains Rate for Corporations.-- (1) In general.--Section 1201 of such Code is amended by striking ``35 percent'' both places it appears and inserting ``15 percent''. (2) Alternative minimum tax.--Section 55(b) of such Code is amended by adding at the end the following new paragraph: ``(4) Maximum rate of tax on net capital gain of corporations.--The amount determined under paragraph (1)(B)(i) shall not exceed the sum of-- ``(A) the amount determined under such paragraph computed at the rates and in the same manner as if this paragraph had not been enacted on the taxable excess reduced by the net capital gain, plus ``(B) the amount determined under section 1201.''. (3) Technical amendments.-- (A) Section 1445(e)(1) of such Code is amended by striking ``35 percent (or, to the extent provided in regulations, 15 percent)'' and inserting ``15 percent''. (B) Section 1445(e)(2) of such Code is amended by striking ``35 percent'' and inserting ``15 percent''. (C) Section 7518(g)(6)(A) of such Code is amended by striking ``(34 percent in the case of a corporation)''. (D) Section 607(h)(6)(A) of the Merchant Marine Act, 1936 is amended by striking ``(34 percent in the case of a corporation)''. (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (2) Withholding.--The amendment made by subsection (c)(3)(B) shall apply to amounts paid after the date of the enactment of this Act.

Investment Tax Simplification Act of 2005 - Makes permanent the reduction in individual capital gains tax rates enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2003. Amends the Internal Revenue Code to reduce the maximum capital gains tax rates for individuals and corporations.

To amend the Internal Revenue Code of 1986 to make the 2003 reduction in the individual capital gains tax rates permanent and to further reduce and simplify such rates and to reduce the corporate capital gains rate.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Health Literacy Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Low health literacy is a problem for half of all American adults, or 100,000,000 individuals. (2) Health literacy problems impact health care cost, quality of care, and health outcomes. (3) Ensuring that individuals have health literacy skills is critical to their ability to function effectively as patients and health care consumers. (4) Health literacy skills are needed to communicate with health care providers, to understand self-care instructions, to understand and complete medical forms, to comply with treatment regimens, and to complete a host of other important health care tasks. (5) Low health literacy costs billions of dollars each year in avoidable health care expenses, the majority of which is borne by the Medicare and Medicaid programs. (6) The elderly and chronically ill are among those most at-risk of low health literacy. Those with the greatest health care needs are the heaviest users of health care and may be least able to respond to their health situation. (7) The Institute of Medicine's landmark report published in 2004, ``Health Literacy: A Prescription to End Confusion'', identifies health literacy as ``critical to successful health care''. (8) Former Surgeon General Carmona concluded that ``health literacy can save lives, save money, and improve the health and well-being of millions of Americans''. SEC. 3. HEALTH LITERACY: STRATEGIC PLANNING, RESEARCH AND COORDINATION. Part A of title IX of the Public Health Service Act (42 U.S.C. 299 et seq.) is amended by adding at the end the following: ``SEC. 904. HEALTH LITERACY: STRATEGIC PLANNING, RESEARCH AND COORDINATION. ``(a) Definitions.--In this section: ``(1) Health literacy.--The term `health literacy' means an individual's ability to obtain, process, and understand basic health information and services needed to make appropriate health care decisions. ``(2) Center.--The term `Center' means the Health Literacy Implementation Center established under subsection (b). ``(b) Health Literacy Implementation Center.-- ``(1) Establishment.--The Director shall establish within the Agency a Health Literacy Implementation Center, to be headed by a Director to be appointed by the Secretary, to enhance efforts to help eliminate the problem of low health literacy by improving measurements, research, development, and information dissemination. ``(2) Duties.--The Center shall-- ``(A) gather health literacy resources from public and private sources and make such resources available to researchers, health care providers, and the general public; ``(B) sponsor demonstration and evaluation projects to establish the feasibility and utility of health literacy interventions and tools in various settings; ``(C) develop the next generation of health literacy interventions and tools, including curricula, measures, and health information decision support, with specific attention placed on elementary and secondary schools, colleges and universities (including community colleges), and adult and vocational education programs and language barriers and cultural differences that contribute to low health literacy rates; ``(D) identify and fill research gaps relating to health literacy that have direct applicability to quality improvement; ``(E) assist appropriate Federal agencies in establishing specific objectives and strategies for carrying out the purpose of the Center and in monitoring the programs of such agencies; ``(F) enter into implementation partnerships with organizations and agencies, including the Centers for Medicare & Medicaid Services, the Joint Commission on the Accreditation of Healthcare Organizations, and the National Committee for Quality Assurance, to promote the adoption of interventions and tools developed under this section; and ``(G) enter into an interagency agreement with the Secretary of Education to facilitate the coordination of Federal health literacy activities within the Department of Health and Human Services and the Department of Education. ``(3) Public meetings.--The Center shall convene at least one annual public meeting to help raise awareness about the problem of health literacy and Federal and State efforts to address the issue. The Center shall invite representatives from the Department of Health and Human Services and the Department of Education, State officials, private sector groups, and other interested parties involved in health literacy activities. ``(4) Report.--The Center shall annually submit to Congress a report that includes-- ``(A) a comprehensive and detailed description of the operations, activities, financial condition, and accomplishments of the Center in the field of health literacy; and ``(B) a description of how plans for the operation of the Center for the succeeding fiscal year will facilitate achievement of the goals of the Center. ``(5) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, such sums as may be necessary for each of fiscal years 2008 through 2012. ``(c) State Health Literacy Resource Centers.-- ``(1) Grants.--The Director of the Center shall award grants to States to provide for the establishment of a network of State or regional health literacy resource centers to facilitate efforts to eliminate low health literacy. ``(2) Eligibility.--To be eligible for a grant under subsection (a), a State shall submit to the Director of the Center an application at such time, in such manner, and containing such information as the Director may require, including a description of how the State will structure and provide services through the resource center established under the grant. ``(3) Use of funds.--A State shall use amounts received under a grant under this section to-- ``(A) support efforts to better understand the nature and scope of low health literacy among the State's population; ``(B) assist public and private efforts in the State in coordinating and delivering health literacy services; ``(C) encourage State and local government and industry partnerships to coordinate efforts to address low health literacy; ``(D) provide technical and policy assistance to State and local governments and service providers; and ``(E) monitor and evaluate programs conducted under this grant. ``(4) Meetings.--A State health literacy resource center shall meet at least once each year to share models of best practices. A summary report with respect to such meeting shall be made available to the public to facilitate the dissemination of effective State-based practices ``(5) Report.--Not later than September 30, or each fiscal year for which a grant is received by a State under this section, the State shall submit to the Director of the Center a report that shall describe the programs supported by the grant and the results of monitoring and evaluation of those programs. ``(6) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, $10,000,000 for each of fiscal years 2008 through 2012.''. SEC. 4. INSTITUTE OF MEDICINE STUDY AND REPORT. (a) Study.--The Secretary of Health and Human Services shall enter into a contract with the Institute of Medicine to conduct a study to identify opportunities within the Department of Health and Human Services to improve the public's health literacy through the Medicare and Medicaid programs under titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 and 1396 et seq.) and at the Food and Drug Administration. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Institute of Medicine shall submit to the Secretary of Health and Human Services and the appropriate committees of Congress, a report concerning the results of the study conducted under subsection (a).

National Health Literacy Act of 2007 - Amends the Public Health Service Act to require the Director of the Agency for Healthcare Research and Quality to establish within the Agency a Health Literacy Implementation Center to enhance efforts to eliminate low health literacy by improving measurements, research, development, and information dissemination. Defines "health literacy" as an individual's ability to obtain, process, and understand basic health information and services needed to make appropriate health care decisions. Directs the Center to: (1) make health literacy resources available to researchers, health care providers, and the public; (2) sponsor demonstration and evaluation projects; (3) develop the next generation of health literacy interventions and tools; (4) identify and fill research gaps relating to health literacy that have direct applicability to quality improvement; (5) assist federal agencies in establishing specific objectives and strategies for carrying out the Center's purpose and in monitoring programs; (6) enter into implementation partnerships to promote adoption of literacy interventions and tools; and (7) enter into an interagency agreement to facilitate coordination of health literacy activities within the Department of Health and Human Services (HHS) and the Department of Education. Requires: (1) the Center to convene at least one annual public meeting to help raise awareness about the problem of health literacy and federal and state efforts to address the issue; (2) the Director of the Center to award grants to states to provide for the establishment of a network of state or regional health literacy resource centers; (3) a state health literacy resource center to meet at least annually to share a model of best practices; and (4) the HHS Secretary to contract with the Institute of Medicine to identify opportunities within HHS to improve the public's health literacy through the Medicare and Medicaid programs and at the Food and Drug Administration (FDA).

A bill to ensure that all Americans have basic health literacy skills to function effectively as patients and health care consumers.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Rural Ambulance Service Improvement Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Payment increases for rural ambulance services. Sec. 3. Basing rural areas on population density by postal zip codes. Sec. 4. Requiring use of recent data for calculation of budget neutrality adjustment. Sec. 5. Exemption of ambulance suppliers from certain provider designation rules. Sec. 6. Calculation of separate rates for ground and air ambulance services. SEC. 2. PAYMENT INCREASES FOR RURAL AMBULANCE SERVICES. (a) 20 Percent Increase.--Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)), as amended by sections 205(a) and 221(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-482, 486), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (1) by redesignating paragraph (8), as added by such section 221(a), as paragraph (9), and (2) by inserting after that paragraph the following new paragraph: ``(10) Increase for rural ambulance services.--Effective for ambulance services furnished on or after January 1, 2002, for which the transportation originates in a rural area or tract to which paragraph (9) applies, notwithstanding the previous provisions of this subsection, the Secretary shall provide for an additional payment for such services equal to 20 percent of the payment amount otherwise made under this section for such services.''. (b) Increase in Mileage Rates for First 50 Miles.--Paragraph (9) of that section, as so redesignated under subsection (a)(1), is amended-- (1) in the heading, by striking ``Transitional assistance'' and inserting ``Mileage assistance''; (2) by striking ``furnished on or after July 1, 2001, and before January 1, 2004,''; (3) by striking ``that,'' and inserting ``that--''; (4) by designating the remaining text of paragraph (9) that follows ``that--'' a new subparagraph (B) and indenting such subparagraph 2 ems to the right; (5) in such subparagraph (B), by striking ``with respect to the payment rate for mileage for a trip above 17 miles, and up to 50 miles, the rate otherwise established shall be increased'' and inserting ``for ambulance services furnished on or after July 1, 2001, the payment rate otherwise established for mileage for a trip above 17 miles, and up to 50 miles, shall be increased''; and (6) by inserting before such subparagraph (B) the following new subparagraph: ``(A) for ambulance services furnished on or after January 1, 2002, the payment rate otherwise established for mileage for the first 17 miles of a trip transporting a patient shall be increased by $7.50 per mile; and''. (c) Nonapplication of Initial Budget Neutrality Provisions.--The provisions of section 1834(l)(3)(A) of the Social Security Act (42 U.S.C. 1395m(l)(3)(A)) do not apply with respect to the amendments made by this section. SEC. 3. BASING RURAL AREAS ON POPULATION DENSITY BY POSTAL ZIP CODES. (a) In General.--Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is amended in paragraph (9), as so redesignated by section 2(a)(1), by striking ``(as defined in section 1886(d)(2)(D))'' and all that follows through ``(57 Fed. Reg. 6725))'' and inserting ``(as determined under an area classification system established by the Secretary that is based on population density within postal zip code areas)''. (b) Effective Date.--The Secretary of Health and Human Services shall establish the classification system described in the amendment made by subsection (a) by not later than 1 year after the date of the enactment of this Act. Such amendment shall apply to services furnished on or after such date, not later than 30 days after the establishment of such system, as the Secretary shall provide by regulation. SEC. 4. REQUIRING USE OF RECENT DATA FOR CALCULATION OF BUDGET NEUTRALITY ADJUSTMENT. (a) In General.--Section 1834(l)(3) of the Social Security Act (42 U.S.C. 1395m(l)(3)) is amended-- (1) by striking ``and'' at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: ``(B) in making the determination under subparagraph (A), use data from the most recent year for which such data are available, but may not use data from a year that preceded the two-year period ending on the date of the implementation of the fee schedule under this subsection; and''. (b) Effective Date.--The amendments made by subsection (a) shall apply to ambulance services furnished on or after January 1, 2003. SEC. 5. EXEMPTION OF AMBULANCE SUPPLIERS FROM CERTAIN PROVIDER DESIGNATION RULES. In applying the regulation for requirements for determination that a facility or organization has provider-based status under section 413.65 of title 42 of the Code of Federal Regulations, the Secretary of Health and Human Services shall not apply the regulation with respect to ambulance services. SEC. 6. CALCULATION OF SEPARATE RATES FOR GROUND AND AIR AMBULANCE SERVICES. (a) In General.--Section 1861(v)(1)(U) of the Social Security Act (42 U.S.C. 1395x(v)(1)(U)) is amended by adding at the end the following: ``In carrying out the first sentence, upon request of a hospital, the Secretary shall determine and apply separately the reasonable costs of ground and air ambulance services.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to ambulance services furnished on or after the date of the enactment of this Act.

Medicare Rural Ambulance Service Improvement Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to direct the Secretary of Health and Human Services to increase by 20 percent the payment under Medicare for rural ambulance services. Increases by $7.50 per mile the payment rate for the first 17 miles of an ambulance trip transporting a patient.Provides for determination of rural areas based on population density by postal zip codes.Requires the use of recent data for calculation of budget neutrality adjustments to payments for ambulance services.Exempts ambulance suppliers from certain provider designation rules.Directs the Secretary to determine and apply separately the reasonable costs of ground and air ambulance services.

To amend title XVIII of the Social Security Act to increase by 20 percent the payment under the Medicare Program for ambulance services furnished to Medicare beneficiaries in rural areas, to determine rural areas based on population density, and to require the use of recent data in determining payment adjustments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cross-Border Cooperation in Northern Europe Act of 2005''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Northern Europe is a vital part of Europe and one that offers continuing opportunities for United States investment. (2) Northern Europe offers an excellent opportunity to continue to implement the United States vision of a secure, prosperous, and stable Europe, in part because of-- (A) historical tradition of regional cooperation; (B) the opportunity to engage the Russian Federation in positive, cooperative activities with its neighbors to the west; (C) commitment by the Nordic and Baltic states to regional cooperation and integration into western institutions; and (D) long-standing, strong ties with the United States. (3) In 1997, the United States established the Northern Europe Initiative (NEI) which provided a conceptual and operational framework for United States policy in the region, focused on developing a regional network of cooperation in the important areas of business and trade promotion, law enforcement, the environment, energy, civil society, and public health. (4) Since then the United States Northern Europe Initiative has sponsored a wide variety of regional and cross-border projects, including the following: (A) A United States-Lithuanian training program for entrepreneurs from Belarus and Kaliningrad. (B) The Great Lakes-Baltic Sea Partnership program implemented by the Environmental Protection Agency. (C) A Center of Excellence for Treatment of Multidrug-Resistant Tuberculosis in Riga, Latvia. (D) A regional HIV/AIDS strategy developed under United States and Finnish leadership. (E) Multiple efforts to combat organized crime, including regional seminars for police officers and prosecutors. (F) Programs to encourage reform of the Baltic electricity market and encourage United States investment in such market. (G) Language and job training programs for Russian- speaking minorities in Latvia and Estonia to promote social integration in those countries. (H) A mentoring partnership program for women entrepreneurs in the northwest region of Russia and the Baltic states, as part of broader efforts to promote women's participation in political and economic life. (5)(A) With the then pending accession of Estonia, Latvia, and Lithuania to the European Union (EU) and the North Atlantic Treaty Organization (NATO), the United States recognized the need for new policy approaches to Northern Europe. In 2003, the United States established the Enhanced Partnership in Northern Europe (e-PINE). (B) The United States Enhanced Partnership in Northern Europe provides the conceptual and operational framework for United States policy in the region, focused on developing a regional network of collaboration between Nordic and Baltic countries and the United States in promoting cooperative security, vibrant economies, and healthy societies within Northern Europe and beyond its borders. (C) Much of the focus of the Enhanced Partnership in Northern Europe has been on collaboratively extending the lessons learned from the success of Baltic states to other countries in the region. (D) Though primarily policy-oriented in focus, the Enhanced Partnership in Northern Europe has also sponsored projects and initiatives in the region, including the following: (i) Several joint projects between the United States and Latvia and Lithuania focused on democracy promotion and institution building in Belarus. (ii) A mentoring partnership program for women entrepreneurs in the northwest region of the Russian Federation, Finland, the Baltic states, Belarus, and Ukraine, as part of broader efforts to promote women's participation in political and economic life. (iii) An outreach program to bring parliamentarians in the Baltic states to the United States. (6) The United States commends European Union efforts in Northern Europe associated with the EU's ``Northern Dimension'' which is designed to address challenges in Northern Europe with regard to economic development, protection of the environment, the safety and containment of nuclear materials, and other issues. (7) While the European Union, its member states, and other European countries should clearly take the lead in addressing the challenges posed in Northern Europe and the wider region, in particular through appropriate yet substantial assistance provided by the European Union, the United States Enhanced Partnership in Northern Europe, and this Act are intended to supplement such efforts and build on the considerable assistance that the United States has already provided to the Baltic states and the Russian Federation. Partnership with other countries in the region means modest United States investment can have significant impact. (b) Purpose.--The purpose of this Act is to demonstrate concrete support for continued cross-border cooperation in Northern Europe. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States Enhanced Partnership in Northern Europe (e-PINE) is a sound framework for future United States involvement in Northern Europe; (2) the European Union should continue to authorize and fund the `Northern Dimension' Initiative at appropriate yet substantial levels of assistance and that the United States and the European Union should continue to work collaboratively on issues of mutual interest; and (3) the United States should continue to support a wide- ranging strengthening of democratic and civic institutions on a regional basis to provide a foundation for political stability and investment opportunities, including cross-border exchanges, in Northern Europe and neighboring countries. SEC. 4. SUPPORT FOR UNITED STATES ENHANCED PARTNERSHIP IN NORTHERN EUROPE (E-PINE) PROJECTS. (a) Availability of Amounts From East European and the Baltic States Assistance.--Of the amounts available for fiscal year 2006 to carry out the provisions of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and the Support for Eastern European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.) for assistance and for related programs for Eastern Europe and the Baltic States, not more than $2,000,000 is authorized to be available for the projects described in subsection (c). (b) Availability of Amounts From Independent States of the Former Soviet Union.--Of the amounts available for fiscal year 2006 to carry out the provisions of chapter 11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et seq.) and the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (22 U.S.C. 5801 et seq.) for assistance for the independent states of the former Soviet Union and related programs, such sums as may be necessary are authorized to be available for the projects described in subsection (c). (c) Projects Described.--The projects described in this subsection are United States Enhanced Partnership in Northern Europe (e-PINE) projects relating to, but not exclusively, regional security, democracy promotion, democratic institution building, economic growth, environmental cleanup, law enforcement, public health, energy, business and trade promotion, and civil society. SEC. 5. DEFINITIONS. In this Act: (1) Northern europe.--The term ``Northern Europe'' means the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Kingdom of Denmark, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, and the Kingdom of Sweden. (2) United states enhanced partnership in northern europe (e-pine).--The term ``United States Enhanced Partnership in Northern Europe'' or ``Enhanced Partnership in Northern Europe'' (commonly referred to as ``e-PINE'') means the partnership formed in 2003 between the United States and the countries of Northern Europe to promote security, economic growth, and healthy societies in the region and appropriate neighboring countries through policy coordination and collaboration. (3) United states northern europe initiative (nei).--The term ``United States Northern European Initiative'' or ``Northern European Initiative'' (commonly referred to as ``NEI'') means the framework agreement established in 1997 between the United States and the countries of Northern Europe (including the northwest region of the Russian Federation (including Kaliningrad), the Republic of Belarus, and the Republic of Poland) to promote stability in the Baltic Sea region and to strengthen key institutions and security structures of the United States and the countries of Northern Europe. SEC. 6. REPEAL. The Cross-Border Cooperation and Environmental Safety in Northern Europe Act of 2000 (Public Law 106-255) is hereby repealed.

Cross-Border Cooperation in Northern Europe Act of 2005 - Expresses the sense of Congress that the United States should support a wide-ranging strengthening of democratic and civic institutions in Northern Europe (Estonia, Latvia, Lithuania, Denmark, Finland, Iceland, Norway, and Sweden) to provide a foundation for political stability and investment opportunities. Obligates funds from assistance available to Eastern Europe, the Baltic States, and the Independent States of the former Soviet Union for United States Enhanced Partnership in Northern Europe (e-PINE) projects. Repeals The Cross-Border Cooperation and Environmental Safety in Northern Europe Act of 2000.

To foster cross-border cooperation in Northern Europe.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Informed Health Care Decision Making Act''. SEC. 2. FINDINGS. Congress finds the following: (1) National randomized controlled trials have found that replacing the brief summary of drug advertisements with a drug facts box improved consumer knowledge and judgments. In such trials, consumers who were presented with a drug facts box more accurately perceived the side effects and benefits of a drug, and were more than twice as likely to choose the superior drug. (2)(A) In 2007, the Institute of Medicine conducted a workshop that highlighted that the public has a limited understanding of the benefits and risks of drugs. The workshop also highlighted that it is important to-- (i) provide patients and physicians with the best possible information for making informed decisions about the use of pharmaceuticals; (ii) employ quantitative and standardized approaches when trying to evaluate pharmaceutical benefit-risk; and (iii) develop and validate improved tools for communicating pharmaceutical benefit-risk information to patients and physicians. (B) The general agreement of the workshop was that the Food and Drug Administration should pilot test a drug facts box. (3) On February 27, 2009, the Food and Drug Administration's Risk Communication Advisory Committee made the following unanimous recommendations: (A) The Food and Drug Administration should adopt a single standard document for communicating essential information about pharmaceuticals. (B) That standard document should include quantitative summaries of risks and benefits, along with use and precaution information. (C) The Food and Drug Administration should adopt the drug facts box format as its standard. SEC. 3. PRESENTATION OF DRUG BENEFIT AND RISK INFORMATION. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), acting through the Commissioner of Food and Drugs, shall determine whether standardized, quantitative summaries of the benefits and risks of drugs in a tabular or drug facts box format, or any alternative format, in the labeling and print advertising of such drugs would improve health care decisionmaking by clinicians and patients and consumers. (b) Review and Consultation.--In making the determination under subsection (a), the Secretary shall review all available scientific evidence and consult with drug manufacturers, clinicians, patients and consumers, experts in health literacy, and representatives of racial and ethnic minorities. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Congress a report that provides-- (1) the determination by the Secretary under subsection (a); and (2) the reasoning and analysis underlying that determination. (d) Authority.-- (1) In general.--If the Secretary determines under subsection (a) that standardized, quantitative summaries of the benefits and risks of drugs in a tabular or drug facts box format, or any alternative format, in the labeling and print advertising of such drugs would improve health care decisionmaking by clinicians and patients and consumers, then the Secretary, not later than 1 year after the date of submission of the report under subsection (c), shall promulgate regulations as necessary to implement such format. (2) Objective and up-to-date information.--In carrying out paragraph (1), the Secretary shall ensure that the information presented in a summary described under such paragraph is objective and up-to-date, and is the result of a review process that considers the totality of published and unpublished data. (3) Posting of information.--In carrying out paragraph (1), the Secretary shall post the information presented in a summary described under such paragraph on the Internet Web site of the Food and Drug Administration. SEC. 4. STANDARDS FOR COMPARATIVE CLINICAL EFFECTIVENESS INFORMATION. (a) In General.--The Secretary, acting through the Commissioner of Food and Drugs, shall establish and periodically update methodological standards and criteria for the sources of evidence and the adequacy and degree of evidence that are appropriate for inclusion of comparative clinical effectiveness information in labeling and advertisements under subsections (f), (n)(3), and (r) of section 502 of the Federal Food, Drug, and Cosmetic Act (as amended by section 5). (b) Requirements.--The standards and criteria established under subsection (a) shall ensure that comparative clinical effectiveness information provides reliable and useful information that improves health care decisionmaking, adheres to rigorous scientific standards, and is produced through a transparent process that includes consultation with stakeholders. (c) Consultation.--In carrying out subsection (a), the Secretary shall consult with manufacturers of drugs and devices, clinicians, patients and consumers, experts in health literacy, and representatives of racial and ethnic minorities. (d) Definition.--For purposes of this section, the term ``comparative clinical effectiveness'' means the clinical outcomes, effectiveness, safety, and clinical appropriateness of a drug or device in comparison to 1 or more drugs or devices, respectively, approved to prevent, diagnose, or treat the same health condition for the same patient demographic subpopulation. SEC. 5. DISCLOSURE OF COMPARATIVE CLINICAL EFFECTIVENESS INFORMATION. (a) Comparative Clinical Effectiveness.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(rr) The term `comparative clinical effectiveness' means the clinical outcomes, effectiveness, safety, and clinical appropriateness of a drug or device in comparison to 1 or more drugs or devices, respectively, approved to prevent, diagnose, or treat the same health condition for the same patient demographic subpopulation, on the basis of research that meets standards adopted by the Secretary under section 4 of the Informed Health Care Decision Making Act.''. (b) Labeling and Advertising Information.--Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended-- (1) in subsection (f), by striking ``for use; and (2)'' and inserting ``for use; (2) such information in brief summary relating to comparative clinical effectiveness as shall be required in regulations which shall be issued by the Secretary in accordance with the procedure specified in section 701(a); and (3)''; (2) in subsection (n)(3), by striking ``and effectiveness'' and inserting ``effectiveness, and comparative clinical effectiveness (or a disclosure that there is no such information relating to comparative clinical effectiveness if another drug has been approved for the same use),''; and (3) in subsection (r)-- (A) by striking ``In the case of any'' and inserting ``(1) In the case of any''; (B) by striking ``(1) a true'' and inserting ``(A) a true''; (C) by striking ``(2) a brief'' and inserting ``(B) a brief''; and (D) by striking ``and contraindications'' and inserting ``contraindications, and, if appropriate after taking into consideration the type of device, effectiveness and comparative clinical effectiveness (or a disclosure that there is no such information relating to comparative clinical effectiveness if another device has been approved for the same use)''.

Informed Health Care Decision Making Act - Requires the Commissioner of Food and Drugs (FDA) to: (1) determine whether standardized, quantitative summaries of the benefits and risks of drugs in a tabular or drug facts box format would improve health care decisionmaking by clinicians, patients, and consumers; and (2) establish and update standards for comparative clinical effectiveness information in the labeling and advertising of drugs and devices under the Federal Food, Drug, and Cosmetic Act. Defines "comparative clinical effectiveness" as the clinical outcomes, effectiveness, safety, and clinical appropriateness of a drug or device in comparison to one or more drugs or devices approved to prevent, diagnose, or treat the same health condition in the same patient demographic subpopulation. Amends the Federal Food, Drug, and Cosmetic Act to require information on comparative clinical effectiveness for drugs and devices in labeling and advertising.

A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to inclusion of effectiveness information in drug and device labeling and advertising.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Benefit Equity Act of 1997''. SEC. 2. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act (as added by section 604(a) of the Newborns' and Mothers' Health Protection Act of 1996 and amended by section 703(a) of the Mental Health Parity Act of 1996) is amended by adding at the end the following new section: ``SEC. 2706. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE. ``(a) Equity in Provision of Prescription Drug Coverage.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides for mail-order prescription drug coverage (as defined in paragraph (3)(A)) shall also provide non-mail-order prescription drug coverage consistent with paragraph (2). ``(2) Equitable coverage.--A plan or coverage provides non- mail-order prescription drug coverage consistent with this paragraph only if-- ``(A) benefits under the non-mail-order prescription coverage are provided for in the case of all drugs and all circumstances under which benefits are provided under the mail-order prescription drug coverage; ``(B) no deductible or similar cost-sharing is imposed with respect to benefits under the non-mail- order prescription drug coverage unless such a deductible or similar cost-sharing is imposed with respect to benefits under the mail-order prescription drug coverage; and ``(C) the benefits for the non-mail-order coverage assures payments consistent with either (or both) of the following clauses: ``(i) The dollar amount of payment for prescription drug coverage is not less than the dollar amount of benefits provided with respect to the mail-order coverage for that same coverage. ``(ii) The cost-sharing (including deductibles, copayments, or coinsurance) imposed with respect to non-mail-order coverage is not greater (as a percentage of charges or dollar amount, as specified under the coverage) than the cost-sharing imposed with respect to the mail-order coverage. ``(3) Definitions.--For purposes of this subsection: ``(A) Mail-order prescription drug coverage.--The term `mail-order prescription drug coverage' means provision of benefits for prescription drugs and biologicals that are delivered directly to participants and beneficiaries through the mail or similar means. ``(B) Non-mail-order prescription drug coverage.-- The term `non-mail-order prescription drug coverage' means the provision of benefits for prescription drugs and biologicals through one or more local pharmacies. ``(C) Local pharmacy.--The term `local pharmacy' means, with respect to a prescription drug or biological and a participant or beneficiary, an establishment that is authorized to dispense such drug or biological and that is located within such distance (not to exceed 5 miles in the case of a participant or beneficiary residing in an urban area or 10 miles in the case of a participant or beneficiary residing in a non-urban area) of the residence of such participant or beneficiary, as the Secretary of Health and Human Services shall prescribe. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not provide monetary payments or rebates to an individual to encourage such individual to accept less than the minimum protections available under this section. ``(c) Construction.--Nothing in this section shall be construed as preventing a plan or issuer from-- ``(1) restricting the drugs for which benefits are provided under the plan or health insurance coverage, or ``(2) imposing a limitation on the amount of benefits provided with respect to such coverage or the cost-sharing that may be imposed with respect to such coverage, so long as such restrictions and limitations are consistent with subsection (a). ``(d) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as amended by section 604(b)(2) of Public Law 104-204, is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (as added by section 603(a) of the Newborns' and Mothers' Health Protection Act of 1996 and amended by section 702(a) of the Mental Health Parity Act of 1996) is amended by adding at the end the following new section: ``SEC. 713. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE. ``(a) Equity in Provision of Prescription Drug Coverage.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides for mail-order prescription drug coverage (as defined in paragraph (3)(A)) shall also provide non-mail-order prescription drug coverage consistent with paragraph (2). ``(2) Equitable coverage.--A plan or coverage provides non- mail-order prescription drug coverage consistent with this paragraph only if-- ``(A) benefits under the non-mail-order prescription coverage are provided for in the case of all drugs and all circumstances under which benefits are provided under the mail-order prescription drug coverage; ``(B) no deductible or similar cost-sharing is imposed with respect to benefits under the non-mail- order prescription drug coverage unless such a deductible or similar cost-sharing is imposed with respect to benefits under the mail-order prescription drug coverage; and ``(C) the benefits for the non-mail-order coverage assures payments consistent with either (or both) of the following clauses: ``(i) The dollar amount of payment for prescription drug coverage is not less than the dollar amount of benefits provided with respect to the mail-order coverage for that same coverage. ``(ii) The cost-sharing (including deductibles, copayments, or coinsurance) imposed with respect to non-mail-order coverage is not greater (as a percentage of charges or dollar amount, as specified under the coverage) than the cost-sharing imposed with respect to the mail-order coverage. ``(3) Definitions.--For purposes of this subsection: ``(A) Mail-order prescription drug coverage.--The term `mail-order prescription drug coverage' means provision of benefits for prescription drugs and biologicals that are delivered directly to participants and beneficiaries through the mail or similar means. ``(B) Non-mail-order prescription drug coverage.-- The term `non-mail-order prescription drug coverage' means the provision of benefits for prescription drugs and biologicals through one or more local pharmacies. ``(C) Local pharmacy.--The term `local pharmacy' means, with respect to a prescription drug or biological and a participant or beneficiary, an establishment that is authorized to dispense such drug or biological and that is located within such distance (not to exceed 5 miles in the case of a participant or beneficiary residing in an urban area or 10 miles in the case of a participant or beneficiary residing in a non-urban area) of the residence of such participant or beneficiary, as the Secretary of Health and Human Services shall prescribe. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not provide monetary payments or rebates to an individual to encourage such individual to accept less than the minimum protections available under this section. ``(c) Construction.--Nothing in this section shall be construed as preventing a plan or issuer from-- ``(1) restricting the drugs for which benefits are provided under the plan or health insurance coverage, or ``(2) imposing a limitation on the amount of benefits provided with respect to such coverage or the cost-sharing that may be imposed with respect to such coverage, so long as such restrictions and limitations are consistent with subsection (a). ``(d) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)), as amended by section 603(b)(1) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as amended by section 603(b)(2) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Equity in provision of prescription drug coverage.''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act (as added by section 605(a) of the Newborn's and Mother's Health Protection Act of 1996) is amended by inserting after section 2751 the following new section: ``SEC. 2752. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE. ``(a) In General.--The provisions of section 2706 (other than subsection (d)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 713(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)), as added by section 605(b)(3)(B) of Public Law 104-204, is amended by striking ``section 2751'' and inserting ``sections 2751 and 2752''. (c) Application to Medicare Managed Care Plans.--Subparagraph (B) of section 1876(c)(4) of the Social Security Act (42 U.S.C. 1395mm(c)(4)) is amended to read as follows: ``(B) meets the requirements of section 2752 of the Public Health Service Act with respect to individuals enrolled with the organization under this section.''. (d) Application to Medicaid Managed Care Plans.--Title XIX of such Act (42 U.S.C. 1396 et seq.) is amended by inserting after section 1908 the following new section: ``equity in provision of prescription drug coverage ``Sec. 1909. (a) In General.--A State plan may not be approved under this title, and Federal financial participation not available under section 1903(a) with respect to such a plan, unless the plan requires each health insurance issuer or other entity with a contract with such plan to provide coverage or benefits to individuals eligible for medical assistance under the plan to comply with the provisions of section 2752 of the Public Health Service Act with respect to such coverage or benefits. ``(b) Waivers Prohibited.--The requirement of subsection (a) may not be waived under section 1115 or section 1915(b) of the Social Security Act.''. (e) Medigap and Medicare Select Policies.--Section 1882 of such Act (42 U.S.C. 1395ss) is amended-- (1) in subsection (s)(2), by adding at the end the following new subparagraph: ``(D) An issuer of a medicare supplemental policy (as defined in section 1882(g)) shall comply with the requirements of section 2752 of the Public Health Service Act with respect to benefits offered under such policy.''; and (2) in subsection (t)(1)-- (A) in subparagraph (B), by inserting ``subject to subparagraph (G),'' after ``(B)'', (B) by striking ``and'' at the end of subparagraph (E), (C) by striking the period at the end of subparagraph (F) and inserting ``; and'', and (D) by adding at the end the following new subparagraph: ``(G) the issuer of the policy complies with the requirements of section 2752 of the Public Health Service Act with respect to enrollees under this subsection .''. (f) FEHBP.--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(o) A contract may not be made or a plan approved which excludes or does not comply with the requirements of section 2752 of the Public Health Service Act.''. (g) Effective Dates.--(1)(A) Subject to subparagraph (B), the amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 1998. (B) In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by subsection (a) shall not apply to plan years beginning before the later of-- (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (ii) January 1, 1998. For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (2) The amendments made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 1998. (3) The amendment made by subsection (c) shall apply to contracts for contract periods beginning on or after January 1, 1998. (4) The amendment made by subsection (d) shall apply to Federal financial participation for State plan expenditures made on or after January 1, 1998. (5) The amendments made by subsection (e) shall apply with respect to medicare supplemental policies and medicare select policies offered, sold, issued, renewed, in effect, or operated on and after January 1, 1998. (6) The amendment made by subsection (f) shall apply with respect to contracts for periods beginning on and after January 1, 1998. (h) Coordinated Regulations.--Section 104(1) of the Health Insurance Portability and Accountability Act of 1996 is amended by striking ``this subtitle (and the amendments made by this subtitle and section 401)'' and inserting ``the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, and the provisions of parts A and C of title XXVII of the Public Health Service Act''.

Prescription Drug Benefit Equity Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to prohibit a group health plan (and a health insurance issuer offering group coverage) from providing mail-order prescription drug coverage without also providing non-mail-order prescription drug coverage meeting benefit and cost-sharing requirements. Prohibits monetary payments or rebates to encourage an individual to accept less than the minimum protections available under this Act. Amends the Public Health Service Act to apply the requirements of this Act to issuers in the individual market. Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require health maintenance organizations, competitive medical plans, State Medicaid plans, issuers of Medicare supplemental policies, and Medicare select policies to meet the requirements of this Act. Amends Federal law relating to health benefits for Federal employees to require compliance with this Act.

Prescription Drug Benefit Equity Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Reimportation, Improvement, Correction, and Enhancement Act''. SEC. 2. AMENDMENTS TO PROGRAM FOR IMPORTATION OF CERTAIN PRESCRIPTION DRUGS BY PHARMACISTS AND WHOLESALERS. Section 804 of the Federal Food, Drug, and Cosmetic Act (as added by section 745(c)(2) of Public Law 106-387) is amended-- (1) by striking subsections (e) and (f) and inserting the following subsections: ``(e) Testing; Approved Labeling.-- ``(1) Testing.--Regulations under subsection (a)-- ``(A) shall require that testing referred to in paragraphs (6) through (8) of subsection (d) be conducted by the importer of the covered product pursuant to subsection (a), or the manufacturer of the product; ``(B) shall require that, if such tests are conducted by the importer, information needed to authenticate the product being tested be supplied by the manufacturer of such product to the importer; and ``(C) shall provide for the protection of any information supplied by the manufacturer under subparagraph (B) that is a trade secret or commercial or financial information that is privileged or confidential. ``(2) Approved labeling.--For purposes of importing a covered product pursuant to subsection (a), the importer involved may use the labeling approved for the product under section 505, notwithstanding any other provision of law. ``(f) Discretion of Secretary Regarding Testing.--The Secretary may waive or modify testing requirements described in subsection (d) if, with respect to specific countries or specific distribution chains, the Secretary has entered into agreements or otherwise approved arrangements that the Secretary determines ensure that the covered products involved are not adulterated or in violation of section 505.''; (2) by striking subsections (h) and (i) and inserting the following subsections: ``(h) Prohibited Agreements; Nondiscrimination.-- ``(1) Prohibited agreements.--No manufacturer of a covered product may enter into a contract or agreement that includes a provision to prevent the sale or distribution of covered products imported pursuant to subsection (a). ``(2) Nondiscrimination.--No manufacturer of a covered product may take actions that discriminate against, or cause other persons to discriminate against, United States pharmacists, wholesalers, or consumers regarding the sale or distribution of covered products. ``(i) Study and Report.-- ``(1) Study.--The Comptroller General of the United States shall conduct a study on the imports permitted under this section, taking into consideration the information received under subsection (a). In conducting such study, the Comptroller General shall-- ``(A) evaluate importers' compliance with regulations, determine the number of shipments, if any, permitted under this section that have been determined to be counterfeit, misbranded, or adulterated; and ``(B) consult with the United States Trade Representative and United States Patent and Trademark Office to evaluate the effect of importations permitted under this section on trade and patent rights under Federal law. ``(2) Report.--Not later than 5 years after the effective date of final regulations issued pursuant to this section, the Comptroller General of the United States shall prepare and submit to Congress a report containing the study described in paragraph (1).''; (3) in subsection (k)(2)-- (A) by redesignating subparagraphs (A) through (E) as subparagraphs (B) through (F), respectively; and (B) by inserting before subparagraph (B) (as so redesignated) the following subparagraph: ``(A) The term `discrimination' includes a contract provision, a limitation on supply, or other measure which has the effect of providing United States pharmacists, wholesalers, or consumers access to covered products on terms or conditions that are less favorable than the terms or conditions provided to any foreign purchaser of such products.''; (4) by striking subsection (m); and (5) by inserting after subsection (l) the following subsection: ``(m) Funding.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2002 and each subsequent fiscal year.''.

Prescription Reimportation, Improvement, Correction, and Enhancement Act - Amends Federal Food, Drug, and Cosmetic Act provisions concerning the importation by pharmacists and wholesalers of certain prescription drugs with respect to: (1) testing and labeling; (2) nondiscrimination; and (3) a study and report. Authorizes appropriations.

To amend the Federal Food, Drug, and Cosmetic Act with respect to the importation of certain prescription drugs by pharmacists and wholesalers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sportfishing and Recreational Boating Safety Amendments Act of 2005''. TITLE I--CORRECTIONS TO THE SPORTFISHING AND RECREATIONAL BOATING SAFETY ACT OF 2005 SEC. 101. EFFECTIVE DATE OF AMENDMENTS. (a) In General.--The Sportfishing and Recreational Boating Safety Act of 2005 (Public Law 109-59) is amended-- (1) by striking section 10112(b)(2); and (2) by inserting after section 10101 the following: ``SEC. 10102. EFFECTIVE DATE. ``The amendments made by this subtitle shall take effect October 1, 2005.''. (b) Temporary Preservation of Existing Law.--Except as provided by the amendments made by title II of this Act, during the period beginning on the date of the enactment of the Sportfishing and Recreational Boating Safety Act of 2005, and ending upon the expiration of fiscal year 2005, the provisions of law amended by the Sportfishing and Recreational Boating Safety Act of 2005 (as amended by this Act) shall be considered to read as such laws read immediately before the enactment of that Act. SEC. 102. RECREATIONAL BOATING SAFETY FUNDS. Section 10143 of the Sportfishing and Recreational Boating Safety Act of 2005 (Public Law 109-59) is amended-- (1) in paragraph (1) by striking ``under section 10119 of the Sportfishing and Recreational Boating Safety Act of 2005'' and inserting ``under section 15 of the Dingell-Johnson Sport Fish Restoration Act''; (2) in paragraph (2) by striking ``subsection (a)(2) of section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(a)(2))'' and inserting ``subsections (a)(2) and (f) of section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(a)(2) and (f))''; (3) in paragraph (4)-- (A) in subparagraph (B) by inserting a closed parenthesis after ``(16 U.S.C. 777c(a)(2)''; and (B) by striking subparagraphs (C) and (D) and inserting the following: ``(C) by striking `$5,000,000' and inserting `$5,500,000'; and ``(D) by inserting `not less than' before `$2,000,000'; and''; and (4) in paragraph (5) by striking ``unexpected'' and inserting ``unexpended''. SEC. 103. EXPENDITURE OF REMAINING BALANCE IN BOAT SAFETY ACCOUNT. Section 10119 of the Sportfishing and Recreational Boating Safety Act of 2005 (Public Law 109-59) is amended in the text proposed to be inserted as section 15 of the Dingell-Johnson Sport Fish Restoration Act-- (1) in paragraph (2)(A)(v) of such text by striking ``of this Act'' and inserting ``of that section''; (2) in paragraphs (1) through (4) of such text by striking ``subsection (b) of that section'' each place it appears in such text and inserting ``subsection (c) of that section''; and (3) in paragraph (5)-- (A) in subparagraph (A) by striking ``subsection (b)'' and inserting ``subsection (a)(2) of that section''; and (B) in subparagraph (B) by striking ``subsection (h)'' and inserting ``subsection (c) of that section''. TITLE II--EXTENSION OF RECREATIONAL BOATING FUNDING THROUGH THE END OF FISCAL YEAR 2005 SEC. 201. NATIONAL OUTREACH AND COMMUNICATIONS PROGRAM FUNDING. Section 4(c)(7) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(c)(7)) is amended to read as follows: ``(7) $10,000,000 for fiscal year 2005;''. SEC. 202. CLEAN VESSEL ACT FUNDING. Section 4(b)(4) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(b)(4)) is amended-- (1) in the section heading by striking ``First 303 days of fiscal'' and inserting ``Fiscal''; (2) by striking ``July 30, 2005'' and inserting ``September 30, 2005''; (3) by striking ``$68,071,233'' and inserting ``$82,000,000''; (4) in subparagraph (A), by striking ``$8,301,370'' and inserting ``$10,000,000''; and (5) in subparagraph (B), by striking ``$6,641,096'' and inserting ``$8,000,000''. SEC. 203. COAST GUARD EXPENSES. Section 13106(c)(1) of title 46, United States Code, is amended-- (1) by striking ``$4,150,685'' and inserting ``$5,000,000''; and (2) by striking ``$1,660,274'' and inserting ``$2,000,000''. TITLE III--EXTENSION OF AUTHORIZATION FOR USE OF FUNDS IN BOAT SAFETY ACCOUNT SEC. 301. EXTENSION OF AUTHORIZATION FOR USE OF FUNDS IN BOAT SAFETY ACCOUNT FOR OBLIGATIONS BEFORE OCTOBER 1, 2005. (a) Boat Safety Account.--Subsection (c) of section 9504 of the Internal Revenue Code of 1986 (relating to expenditures from boat safety account) is amended-- (1) by striking ``August 15, 2005'' and inserting ``October 1, 2005''; and (2) by striking ``Surface Transportation Extension Act of 2005, Part VI'' and inserting ``Sportfishing and Recreational Boating Safety Amendments Act of 2005''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 302. CORRECTION OF DISTRIBUTION OF OBLIGATION AUTHORITY UNDER SECTION 1102(C)(4)(A) OF PUBLIC LAW 109-59. Notwithstanding section 1102(c)(4)(A) of Public Law 109-59; 119 Stat. 1144, et seq., or any other provision of law, for fiscal year 2005, obligation authority for funds made available under title I of division H of Public Law 108-447; 118 Stat. 3216 for expenses necessary to discharge the functions of the Secretary of Transportation with respect to traffic and highway safety under chapter 301 of title 49, United States Code, and part C of subtitle VI of title 49, United States Code, shall be made available in an amount equal to the funds provided therein: Provided, That the additional obligation authority needed to meet the requirements of this section shall be withdrawn from the obligation authority previously distributed to the other programs, projects, and activities funded by the amount deducted under section 117 of title I of division H of Public Law 108-447. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Sportfishing and Recreational Boating Safety Amendments Act of 2005 - Title I: Corrections to the Sportfishing and Recreational Boating Safety Act of 2005 - (Sec. 101) Amends the Sportfishing and Recreational Boating Safety Act of 2005 (SRBA) to make October 1, 2005, the effective date of such Act in its entirety, not just its amendments to the Dingell-Johnson Sport Fish Restoration Act. Preserves until the end of FY2005, as though unamended, certain provisions of law otherwise amended by SRBA. (Sec. 102) Increases the authorization of appropriations from the Highway Trust Fund (HTF) to the Secretary of Transportation for payment of expenses of the Coast Guard for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program. Decreases the amount of authorized appropriations available to the Secretary for activities to ensure compliance with safety standards for recreational vessels. (Sec. 103) Revises requirements for the apportionment of the remaining balance in the Boat Safety Account for FY2006-FY2010. Title II: Extension of Recreational Boating Funding Through the End of Fiscal Year 2005 - (Sec. 201) Amends the Dingell-Johnson Sport Fish Restoration Act to extend through FY2005 the authorization of appropriations from the HTF for: (1) the national outreach and communications program; and (2) qualified projects under the Clean Vessel Act of 1992. (Sec. 203) Conforms the authorization of appropriations to the Coast Guard for the national recreational boating safety program with the increase under title I of this Act. Title III: Extension of Authorization For Use of Funds In Boat Safety Account - (Sec. 301) Amends the Internal Revenue Code to extend through FY2005 the authorization of expenditures from the Boat Safety Account to carry out state recreational boating safety programs. (Sec. 302) Declares that the obligation authority for funds made available under the Transportation, Treasury, Independent Agencies, and General Government Appropriations Act, 2005 (the Act) for expenses necessary to discharge the functions of the Secretary of Transportation with respect to traffic and highway safety shall be available in an amount equal to the funds provided. Requires the additional obligation authority needed to meet such requirement to be withdrawn from the obligation authority previously distributed to other surface transportation programs, projects, and activities funded from an amount (of up to 4.1%) deducted from various transportation programs under the Act.

To ensure funding for sportfishing and boating safety programs funded out of the Highway Trust Fund through the end of fiscal year 2005, and for other purposes.

SECTION 1. RECOGNITION AND GRANT OF FEDERAL CHARTER. The American GI Forum of the United States, a nonprofit corporation organized under the laws of the State of Texas, is recognized as such and granted a Federal charter. SEC. 2. POWERS. The American GI Forum of the United States (in this Act referred to as the ``corporation'') shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State of Texas and subject to the laws of the State of Texas. SEC. 3. PURPOSES. The purposes of the corporation are those provided in its bylaws and articles of incorporation and shall include the following: (1) To secure the blessing of American democracy at every level of local, State, and national life for all United States citizens. (2) To uphold and defend the Constitution and the United States flag. (3) To foster and perpetuate the principles of American democracy based on religious and political freedom for the individual and equal opportunity for all. (4) To foster and enlarge equal educational opportunities, equal economic opportunities, equal justice under the law, and equal political opportunities for all United States citizens, regardless of race, color, religion, sex, or national origin. (5) To encourage greater participation of the ethnic minority represented by the corporation in the policy-making and administrative activities of all departments, agencies, and other governmental units of local and State governments and the Federal Government. (6) To combat all practices of a prejudicial or discriminatory nature in local, State, or national life which curtail, hinder, or deny to any United States citizen an equal opportunity to develop full potential as an individual. (7) To foster and promote the broader knowledge and appreciation by all United States citizens of their cultural heritage and language. SEC. 4. SERVICE OF PROCESS. With respect to service of process, the corporation shall comply with the laws of the State of Texas and those States in which it carries on its activities in furtherance of its corporate purposes. SEC. 5. MEMBERSHIP. Except as provided in section 8(g), eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws and articles of incorporation of the corporation. SEC. 6. BOARD OF DIRECTORS. Except as provided in section 8(g), the composition of the board of directors of the corporation and the responsibilities of the board shall be as provided in the bylaws and articles of incorporation of the corporation and in conformity with the laws of the State of Texas. SEC. 7. OFFICERS. Except as provided in section 8(g), the positions of officers of the corporation and the election of members to such positions shall be as provided in the bylaws and articles of incorporation of the corporation and in conformity with the laws of the State of Texas. SEC. 8. RESTRICTIONS. (a) Income and Compensation.--No part of the income or assets of the corporation may inure to the benefit of any member, officer, or director of the corporation or be distributed to any such individual during the life of this charter. Nothing in this subsection may be construed to prevent the payment of reasonable compensation to the officers and employees of the corporation or reimbursement for actual and necessary expenses in amounts approved by the board of directors. (b) Loans.--The corporation may not make any loan to any member, officer, director, or employee of the corporation. (c) Issuance of Stock and Payment of Dividends.--The corporation may not issue any shares of stock or declare or pay any dividends. (d) Disclaimer of Congressional or Federal Approval.--The corporation may not claim the approval of Congress or the authorization of the Federal Government for any of its activities by virtue of this Act. (e) Corporate Status.--The corporation shall maintain its status as a corporation organized and incorporated under the laws of the State of Texas. (f) Corporate Function.--The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of the State of Texas. (g) Nondiscrimination.--In establishing the conditions of membership in the corporation and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin. SEC. 9. LIABILITY. The corporation shall be liable for the acts of its officers, directors, employees, and agents whenever such individuals act within the scope of their authority. SEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS. (a) Books and Records of Account.--The corporation shall keep correct and complete books and records of account and minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. (b) Names and Addresses of Members.--The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. (c) Right To Inspect Books and Records.--All books and records of the corporation may be inspected by any member having the right to vote in any proceeding of the corporation, or by any agent or attorney of such member, for any proper purpose at any reasonable time. (d) Application of State Law.--This section may not be construed to contravene any applicable State law. SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS. The first section of the Act entitled ``An Act to provide for audit of accounts of private corporations established under Federal law'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end the following: ``(80) American GI Forum of the United States.''. SEC. 12. ANNUAL REPORT. The corporation shall annually submit to Congress a report concerning the activities of the corporation during the preceding fiscal year. The annual report shall be submitted on the same date as the report of the audit required by reason of the amendment made in section 11. The annual report shall not be printed as a public document. SEC. 13. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL CHARTER. The right to alter, amend, or repeal this Act is expressly reserved to Congress. SEC. 14. TAX-EXEMPT STATUS REQUIRED AS CONDITION OF CHARTER. If the corporation fails to maintain its status as a corporation exempt from taxation as provided in the Internal Revenue Code of 1986 the charter granted in this Act shall terminate. SEC. 15. TERMINATION. The charter granted in this Act shall expire if the corporation fails to comply with any of the provisions of this Act. SEC. 16. DEFINITION OF STATE. For purposes of this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Grants a Federal charter to the American GI Forum of the United States (a nonprofit corporation organized under the laws of Texas).

A bill to grant a Federal charter to the American GI Forum of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Parents as First Teachers Act of 1997''. SEC. 2. FINDINGS. (a) Findings.--The Congress finds the following: (1) New scientific research shows that experiences in the first 3 years of life have a dramatic impact on brain development. (2) Experiences in the earliest years of a child's life are critical to their cognitive, emotional, and physical development. (3) Nurturing and stimulating children in the first years of life prepare them for the challenges of school and later life. (4) According to a Carnegie Corporation publication entitled ``Years of Promise: A Comprehensive Strategy for America's Children,'' kindergarten teachers estimate that 1 out of every 3 children enters the classroom unprepared to meet the challenges of kindergarten. (5) Children who receive high quality child care services are less likely to need special education, be retained a grade, or engage in juvenile delinquency or other antisocial behavior as they grow up. (6) According to ``The State of America's Children, Yearbook 1997,'' published by the Children's Defense Fund, approximately 7,700,000 children less than 5 years of age are being cared for by someone other than their parents while their mothers work. (7) Documented in the 1997 edition of ``Key Facts About Child Care and Early Education: A Briefing Book,'' also published by the Children's Defense Fund, is the fact that 60 percent of mothers with children less than 6 years of age, and 52 percent of mothers with children less than 1 year of age, are working outside the home. (8) Demand for child care services in low-income communities will rise dramatically through 2002 as a result of the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193). (b) Purposes.--The purposes of this Act are-- (1) to provide financial assistance to train, to support, and to place as early childhood teaching professionals, parents in families that receive assistance under State programs funded under part A of title IV of the Social Security Act, (2) to increase nationwide the number of qualified individuals who provide early childhood education, (3) to reduce dependency on assistance under State programs funded under part A of title IV of the Social Security Act, and (4) to increase the number of children who receive high quality child care services. SEC. 3. AUTHORITY TO MAKE GRANTS. The Secretary of Health and Human Services may make grants to eligible counties to carry out programs-- (1) to provide to parents in families that receive assistance under State programs funded under part A of title IV of the Social Security Act, training relating to early childhood development and education for the purpose of preparing such parents for obtaining employment as caregivers of high quality child care services, and (2) to provide supportive services and job placement services to such parents necessary for their participation in such training and their obtaining such employment at the completion of such training. SEC. 4. ELIGIBILITY TO RECEIVE GRANTS. To be eligible to receive a grant under section 3, a county shall submit to the Secretary an application that contains all of the following: (1) An assurance that the county has established an administrative committee that will administer such program and that includes at least-- (A) 1 representative of a county agency that has responsibility for the development of the local work force, (B) 1 representative of a county agency that has responsibility for providing human services to residents of the county, (C) 1 representative of a county agency that has responsibility for providing training and employment services to such residents, (D) 1 representative of a county agency that has supervisory responsibility for public education provided by the county, (E) 1 representative of an institution of higher education that will provide educational services through the program for which such grant is requested, and (F) 1 representative of a center-based child care provider that will participate in such program. (2) Information on the identities and qualifications of the members of such committee and on how such committee will administer such program. (3) A plan that-- (A) contains information describing how parents in families that receive assistance under State programs funded under part A of title IV of the Social Security Act will be selected to participate in such program, (B) identifies the institutions of higher education that will provide educational services and training through such program and specifies with respect to each of such institutions, the course requirements that must be satisfied to complete the education program or training program to be provided, (C) describes the supportive services that will be provided, directly or indirectly, by the county for the benefit of such families to permit such parents to participate in such program, and (D) contains a plan for the job placement of, and follow-up services for a post-employment period not to exceed 13 weeks for, such parents who complete the participation requirements established in such program. (4) An assurance that such program will provide to participating parents in families that receive assistance under State programs funded under part A of title IV of the Social Security Act-- (A) not less than 228 hours of classroom instruction, and (B) not less than 200 hours of clinical training, of which not less than 63 hours shall consist of experience as a caregiver on the business premises of a center-based child care provider. (5) Assurance that such grant will be used only-- (A) to provide education and training services, supportive services, job placement services, and post- employment follow-up services that satisfy the requirements of such plan, (B) at the option of the county, to pay compensation for the services of an individual employed by the county to manage the implementation of such plan and the operation of such program, and (C) to pay costs incurred by participants in such program to comply with health and safety requirements (including fingerprinting and medical testing) applicable to caregivers employed by center-based child care providers. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``caregiver'' means an individual who provides service directly to a child on a person-to-person basis, (2) the term ``child'' means an individual who is less than the age of compulsory school attendance, (3) the term ``county'' means-- (A) a county of a State or a parish in the case of the State of Louisiana, or (B) the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, or the Virgin Islands of the United States, (4) the term ``follow-up services'' means services designed to assist individuals to successfully perform their job requirements as a caregiver of high quality child care services during their first employment obtained after their completion of the training received in a program carried out under this section by a county. (5) the term ``institution of higher education'' has the meaning given such term in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)), (6) the term ``State'' means any of the several States, and (7) the term ``supportive services'' includes child care services for children less than 13 years of age and transportation. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary for fiscal years 1999, 2000, 2001, 2002, and 2003 to carry out this Act.

Parents as First Teachers Act of 1997 - Authorizes the Secretary of Health and Human Services to make grants to eligible counties to carry out programs to provide: (1) early childhood development and education training to parents in families that receive assistance under State programs funded under part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act, for the purpose of preparing such parents to obtain employment as caregivers of high quality child care services; and (2) supportive services and job placement services to such parents necessary for their participation in such training and their obtaining such employment at the completion of such training. Authorizes appropriations.

Parents as First Teachers Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Character Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) Inadequate land use planning at the State level contributes to increased public and private capital costs for infrastructure development, loss of community character, and environmental degradation. (2) Although land use planning is rightfully within the jurisdiction of State and local governments, comprehensive land use planning and urban development should be supported by the Federal Government and State governments. (3) States should provide a proper climate and context for planning through legislation in order for appropriate comprehensive land use planning and urban development to occur. (4) Many States have outdated land use planning legislation, and many States are undertaking efforts to update and reform the legislation. (5) Efforts to coordinate State and regional investments with local plans require additional planning at the State level. (6) Housing is a critical component of sustainable urban development, and land use planning should provide for a range of housing options to offer choice in location, type, and affordability to all members of the community. (7) 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 housing and socioeconomic conditions for Indian tribes and Native Hawaiians. SEC. 3. HOUSING AND URBAN DEVELOPMENT GRANTS TO STATES TO DEVELOP OR UPDATE LAND USE PLANNING LEGISLATION. (a) Grant Program Authorized.--The Secretary of Housing and Urban Development shall establish a program to provide grants to States for the purpose of assisting in-- (1) as a first priority, the development or revision of land use planning legislation in those States that have inadequate or outmoded land use planning legislation; (2) the creation or revision of State comprehensive land use plans or plan elements in those States that have previously updated land use planning legislation; 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 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 regarding land use planning legislation are consistent with all of the following guidelines: (1) Citizen representation.--Citizens are notified and citizen representation is required in the developing, adopting, and updating of land use plans. (2) Multijurisdictional cooperation.--In order to effectively manage the impacts of urban development and to provide for resource sustainability, land use plans are created based on multi-jurisdictional governmental cooperation, when practicable, particularly in the case of land use plans based on watershed boundaries. (3) 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 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. (4) Comprehensive planning.--There is comprehensive planning to encourage land use plans that-- (A) promote sustainable economic development and social equity; (B) enhance community character; (C) coordinate transportation, housing, education, and other infrastructure development; (D) conserve historic resources, scenic resources, and the environment; (E) sustainably manage natural resources; and (F) provide for a range of housing options, including provisions that promote and accommodate housing affordability. (5) Updating.--Land use plans are routinely updated. (6) Standards.--Land use plans reflect an approach that is consistent with established professional planning standards. (c) Use of Grant Funds.--Grant funds received by a State under subsection (a) shall be used to obtain technical assistance in-- (1) drafting land use planning legislation; (2) research and development for land use planning programs and requirements relating to the development of State guide plans; (3) conducting workshops, educating and consulting policy makers, and involving citizens in the planning process; and (4) integrating State and regional concerns and land use plans with Federal land use plans. (d) Amount of Grant.--The amount of a grant under subsection (a) shall not exceed $1,000,000. (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 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 Housing and Urban Development 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: (1) Land use planning legislation.--The term ``land use planning legislation'' means a statute, regulation, executive order or other action taken by a State 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) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (3) State.--The term ``State'' means any of the following: (A) One of the several 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 the 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 urban development on a statewide basis. (5) 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). (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of the fiscal years 2002 through 2006.

Community Character Act of 2001 - Directs the Secretary of Housing and Urban Development to establish a program to provide grants to States (including tribal governments and Native Hawaiian organizations) to assist in the development or revision of land use planning legislation and the creation or revision of State and multi-State comprehensive land use plans or plan elements.Requires grant funds to be used to obtain technical assistance in: (1) drafting such legislation; (2) research and development for land use planning programs and requirements relating to the development of State guide plans; (3) conducting workshops, educating and consulting policy makers, and involving citizens in the planning process; and (4) integrating State and regional concerns and land use plans with such Federal plans.Authorizes increased Federal cost sharing for projects with tribal governments or Native Hawaiian organizations.

To authorize the Secretary of Housing and Urban Development to make grants to assist States, tribal governments, and Native Hawaiian organizations in their efforts to develop or update land use planning legislation in order to promote more environmentally compatible and effective urban development, improved quality of life, regionalism, sustainable economic development, and environmental stewardship, and for other purposes.

SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR TAX LAW ENFORCEMENT RELATING TO HUMAN SEX TRAFFICKING. (a) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $2,000,000 for fiscal year 2007 for the purpose of establishing an office within the Internal Revenue Service to focus on violations of the internal revenue laws by persons who are under investigation by any office of Federal, State, or local law enforcement for knowingly recruiting, enticing, harboring, transporting, or providing by any means a person, knowing that-- (A) force, fraud, or coercion will be used to cause the person to engage in a commercial sex act, or (B) the person has not attained the age of 18 years and will be caused to engage in a commercial sex act. (2) Definitions.--For purposes of paragraph (1), the terms ``commercial sex act'' and ``coercion'' shall have the meaning given such terms by section 1591(c) of title 18, United States Code. (3) Availability.--Any amounts appropriated pursuant to the authority of paragraph (1) shall remain available for fiscal year 2008. (b) Additional Funding for Operations of Office.--Unless specifically appropriated otherwise, there is authorized to be appropriated and is appropriated to the office established under subsection (a)(1) for fiscal years 2007 and 2008 for the administration of such office an amount equal to the amount of any tax under chapter 1 of the Internal Revenue Code of 1986 (including any interest) collected during such fiscal years as the result of the actions of such office, plus any civil or criminal monetary penalties imposed under such Code relating to such tax and so collected. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall report to the Committee of Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the enforcement activities of the office established under subsection (a)(1) and shall include any recommendations for statutory changes to assist in future prosecutions under this section. (d) Applicability of Whistleblower Awards to Victims of Human Sex Trafficking.--For purposes of making an award under paragraph (1) or (2) of section 7623(b) of the Internal Revenue Code of 1986 with respect to information provided by any person caused to engage in a commercial sex act (within the meaning of section 1591(c)(1) of title 18, United States Code), the determination whether such person is described in such paragraph shall be made without regard to paragraph (3) of such section 7623(b). SEC. 2. WHISTLEBLOWER REFORMS. (a) In General.--Section 7623 (relating to expenses of detection of underpayments and fraud, etc.) is amended-- (1) by striking ``The Secretary'' and inserting ``(a) In General.--The Secretary'', (2) by striking ``and'' at the end of paragraph (1) and inserting ``or'', (3) by striking ``(other than interest)'', and (4) by adding at the end the following new subsections: ``(b) Awards to Whistleblowers.-- ``(1) In general.--If the Secretary proceeds with any administrative or judicial action described in paragraph (5) based on information brought to the Secretary's attention by an individual, the Secretary shall, as determined by the Whistleblower Office and subject to paragraph (2), pay such individual as an award at least 15 percent but not more than 30 percent of the collected proceeds (including penalties, interest, additions to tax, and additional amounts) resulting from the action (including any related actions) or from any settlement in response to such action. The Whistleblower Office shall determine the amount of such award on the basis of the extent to which the individual substantially contributed to such action. ``(2) Award in case of less substantial contribution.-- ``(A) In general.--If the Whistleblower Office determines that the action described in paragraph (1) is based principally on disclosures of specific allegations (other than information provided by the individual described in paragraph (1)) resulting from a judicial or administrative hearing, from a governmental report, hearing, audit, or investigation, or from the news media, the Whistleblower Office may award such sums as it considers appropriate, but in no case more than 10 percent of the collected proceeds (including penalties, interest, additions to tax, and additional amounts) resulting from the action (including any related actions) or from any settlement in response to such action, taking into account the significance of the individual's information and the role of such individual and any legal representative of such individual in contributing to such action. ``(B) Nonapplication of paragraph where individual is original source of information.--Subparagraph (A) shall not apply if the information resulting in the initiation of the action described in paragraph (1) was originally provided by the individual described in paragraph (1). ``(3) Reduction in or denial of award.--If the Whistleblower Office determines that the claim for an award under paragraph (1) or (2) is brought by an individual who planned and initiated the actions that led to the underpayment of tax or actions described in subsection (a)(2), then the Whistleblower Office may appropriately reduce such award. If such individual is convicted of criminal conduct arising from the role described in the preceding sentence, the Whistleblower Office shall deny any award. ``(4) Appeal of award determination.--Any determination regarding an award under paragraph (1), (2), or (3) may, within 30 days of such determination, be appealed to the Tax Court (and the Tax Court shall have jurisdiction with respect to such matter). ``(5) Application of this subsection.--This subsection shall apply with respect to any action-- ``(A) against any taxpayer, but in the case of any individual, only if such individual's gross income exceeds $200,000 for any taxable year subject to such action, and ``(B) if the tax, penalties, interest, additions to tax, and additional amounts in dispute exceed $20,000. ``(6) Additional rules.-- ``(A) No contract necessary.--No contract with the Internal Revenue Service is necessary for any individual to receive an award under this subsection. ``(B) Representation.--Any individual described in paragraph (1) or (2) may be represented by counsel. ``(C) Submission of information.--No award may be made under this subsection based on information submitted to the Secretary unless such information is submitted under penalty of perjury. ``(c) Whistleblower Office.-- ``(1) In general.--There is established in the Internal Revenue Service an office to be known as the `Whistleblower Office' which-- ``(A) shall at all times operate at the direction of the Commissioner and coordinate and consult with other divisions in the Internal Revenue Service as directed by the Commissioner, ``(B) shall analyze information received from any individual described in subsection (b) and either investigate the matter itself or assign it to the appropriate Internal Revenue Service office, ``(C) shall monitor any action taken with respect to such matter, ``(D) shall inform such individual that it has accepted the individual's information for further review, ``(E) may require such individual and any legal representative of such individual to not disclose any information so provided, ``(F) in its sole discretion may ask for additional assistance from such individual or any legal representative of such individual, and ``(G) shall determine the amount to be awarded to such individual under subsection (b). ``(2) Request for assistance.-- ``(A) In general.--Any assistance requested under paragraph (1)(F) shall be under the direction and control of the Whistleblower Office or the office assigned to investigate the matter under paragraph (1)(A). No individual or legal representative whose assistance is so requested may by reason of such request represent himself or herself as an employee of the Federal Government. ``(B) Funding of assistance.--From the amounts available for expenditure under subsection (b), the Whistleblower Office may, with the agreement of the individual described in subsection (b), reimburse the costs incurred by any legal representative of such individual in providing assistance described in subparagraph (A). ``(d) Report by Secretary.--The Secretary shall each year conduct a study and report to Congress on the use of this section, including-- ``(1) an analysis of the use of this section during the preceding year and the results of such use, and ``(2) any legislative or administrative recommendations regarding the provisions of this section and its application.''. (b) Assignment to Special Trial Judges.-- (1) In general.--Section 7443A(b) (relating to proceedings which may be assigned to special trial judges) is amended by striking ``and'' at the end of paragraph (4), by redesignating paragraph (5) as paragraph (6), and by inserting after paragraph (4) the following new paragraph: ``(5) any proceeding under section 7623(b)(4), and''. (2) Conforming amendment.--Section 7443A(c) is amended by striking ``or (4)'' and inserting ``(4), or (5)''. (c) Deduction Allowed Whether or Not Taxpayer Itemizes.--Subsection (a) of section 62 (relating to general rule defining adjusted gross income) is amended by inserting after paragraph (20) the following new paragraph: ``(21) Attorneys fees relating to awards to whistleblowers.--Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award under section 7623(b) (relating to awards to whistleblowers). The preceding sentence shall not apply to any deduction in excess of the amount includible in the taxpayer's gross income for the taxable year on account of such award.''. (d) Effective Date.--The amendments made by this section shall apply to information provided on or after the date of the enactment of this Act. SEC. 3. INCREASE IN CRIMINAL MONETARY PENALTY LIMITATION FOR THE UNDERPAYMENT OR OVERPAYMENT OF TAX DUE TO FRAUD. (a) In General.-- (1) Attempt to evade or defeat tax.--Section 7201 (relating to attempt to evade or defeat tax) is amended-- (A) by striking ``$100,000 ($500,000'' and inserting ``$500,000 ($1,000,000'', and (B) by striking ``5 years'' and inserting ``10 years''. (2) Willful failure to file return, supply information, or pay tax.-- (A) In general.--Section 7203 (relating to willful failure to file return, supply information, or pay tax) is amended-- (i) in the first sentence-- (I) by striking ``Any person'' and inserting the following: ``(a) In General.--Any person'', and (II) by striking ``$25,000'' and inserting ``$50,000'', (ii) in the third sentence, by striking ``section'' and inserting ``subsection'', and (iii) by adding at the end the following new subsection: ``(b) Aggravated Failure to File.-- ``(1) In general.--In the case of any failure described in paragraph (2), the first sentence of subsection (a) shall be applied by substituting-- ``(A) `felony' for `misdemeanor', ``(B) `$500,000 ($1,000,000' for `$50,000 ($100,000', and ``(C) `10 years' for `1 year'. ``(2) Failure described.--A failure described in this paragraph is-- ``(A) a failure to make a return described in subsection (a) for a period of 3 or more consecutive taxable years if the aggregate tax liability for such period is not less than $100,000, or ``(B) a failure to make a return if the tax liability giving rise to the requirement to make such return is attributable to an activity which is a felony under any State or Federal law.''. (B) Penalty may be applied in addition to other penalties.--Section 7204 (relating to fraudulent statement or failure to make statement to employees) is amended by striking ``the penalty provided in section 6674'' and inserting ``the penalties provided in sections 6674 and 7203(b)''. (3) Fraud and false statements.--Section 7206 (relating to fraud and false statements) is amended-- (A) by striking ``$100,000 ($500,000'' and inserting ``$500,000 ($1,000,000'', and (B) by striking ``3 years'' and inserting ``5 years''. (b) Increase in Monetary Limitation for Underpayment or Overpayment of Tax Due to Fraud.--Section 7206 (relating to fraud and false statements), as amended by subsection (a)(3), is amended-- (1) by striking ``Any person who--'' and inserting ``(a) In General.--Any person who--'', and (2) by adding at the end the following new subsection: ``(b) Increase in Monetary Limitation for Underpayment or Overpayment of Tax Due to Fraud.--If any portion of any underpayment (as defined in section 6664(a)) or overpayment (as defined in section 6401(a)) of tax required to be shown on a return is attributable to fraudulent action described in subsection (a), the applicable dollar amount under subsection (a) shall in no event be less than an amount equal to such portion. A rule similar to the rule under section 6663(b) shall apply for purposes of determining the portion so attributable.''. (c) Effective Date.--The amendments made by this section shall apply to actions, and failures to act, occurring after the date of the enactment of this Act.

Authorizes appropriations to establish an office in the Internal Revenue Service (IRS) to focus on violations of tax law by individuals under investigation for criminal commercial sex activity. Amends the Internal Revenue Code to: (1) revise requirements for making awards to individuals who disclose tax law violations to the IRS (whistleblowers); and (2) increase criminal monetary and other penalties for attempts to evade or defeat tax, willful failure to file a tax return, supply information, or pay tax, aggravated failure to file tax returns, fraud and false statements, and underpayment or overpayment of tax due to fraud. Establishes in the IRS a Whitleblower Office to analyze whistleblower information and manage the whistleblower awards program.

To authorize appropriations for the purpose of establishing an office within the Internal Revenue Service to focus on violations of the internal revenue laws by persons who are under investigation for conduct relating to commercial sex acts, to establish a Whistleblower Office within the Internal Revenue Service, and to increase the criminal monetary penalty limitations for the underpayment or overpayment of tax due to fraud.

SECTION 1. SHORT TITLE. This Act may be cited as the ``SCHIP Expansion for Kids in Need Act of 2009''. SEC. 2. REQUIRING PRIORITY FOR SCHIP COVERAGE OF CHILDREN IN FAMILIES WITH INCOME UNDER 200 PERCENT OF THE FEDERAL POVERTY LEVEL. (a) Data Collection Requirement.--Section 2108 of the Social Security Act (42 U.S.C. 1397hh) is amended by adding at the end the following new subsection: ``(e) Inclusion of Certain Income-Related Data.-- ``(1) In general.--Each annual report under this section for each fiscal year (beginning with fiscal year 2010) shall include information, consistent with regulations promulgated under paragraph (2), on the success of the State in providing health insurance coverage for children at various family income levels. ``(2) Regulations.--In order to provide consistency in the reporting of information under paragraph (1), the Secretary shall promulgate, not later than September 30, 2009, standards for data collection and statistical methodologies that must be used in submitting such information. Such standards shall provide for family income levels to be determined based on gross income relative to percentages of the poverty line for a family of the size involved.''. (b) Plan for Coverage of Low Income Children.--Section 2101 of such Act (42 U.S.C. 1397aa) is amended by adding at the end the following new subsection: ``(e) Inclusion of Plan for Coverage of Low Income Children.-- ``(1) Development.--No State child health plan shall be considered approved under section 2106 for a fiscal year (beginning with fiscal year 2010) unless-- ``(A) the State has developed and submitted to the Secretary, not later than 6 months after the date of the enactment of this subsection, a plan to assure that all qualified low-income children (as defined in paragraph (3)) are covered by creditable health coverage; ``(B) such a plan has been approved under paragraph (2); and ``(C) the State implements such plan beginning with fiscal year 2010. ``(2) Review and approval.--The Secretary shall-- ``(A) promptly review plans submitted under paragraph (1)(A); ``(B) approve such plan if the Secretary determines that the plan is reasonably designed to assure the coverage described in such paragraph, effective as for the plan year beginning in fiscal year 2010; or ``(C) disapprove such plan if the Secretary determines that the plan is not so reasonably designed. ``(3) Opportunity for resubmittal.--If the Secretary disapproves a plan under paragraph (2)(C), the Secretary shall provide the State with an opportunity to resubmit a modified plan under paragraph (1)(A) that meets the requirement of paragraph (2)(B). ``(4) Notification.--The Secretary shall promptly notify the State involved of the approval or disapproval of a plan submitted under paragraph (1)(A), or resubmitted under paragraph (3). ``(5) Qualified low-income children.--In this subsection and section 2105(c)(8), the term `qualified low-income child' means a child-- ``(A) the gross income of whose family does not exceed 200 percent of the poverty line for a family of the size involved; and ``(B) who meets all eligibility requirements, other than those related to income, to be a targeted low- income child.''. (c) Limitation on Use of SCHIP Funds.--Section 2105(c) of such Act (42 U.S.C. 1397ee(c)) is amended by adding at the end the following new paragraph: ``(8) Limitation based on increases in income eligibility.-- ``(A) In general.--Subject to subparagraph (B), in the case of a State that increases its income eligibility level under its State child health plan above the level in effect as of the date of the enactment of this paragraph, payment shall not be made to a State under this section for any amount expended for an individual whose family income exceeds the income eligibility level under its State child health plan as of such date unless the State demonstrates to the satisfaction of the Secretary that no more than 10 percent of qualified low-income children (as defined in section 2101(e)(5)) residing in the State are not covered under creditable health coverage. ``(B) Safe harbor for qualified low-income children and currently eligible children.--Subparagraph (A) shall not apply to limit payment under this section for amounts expended for-- ``(i) qualified low-income children (as so defined); or ``(ii) any child who meets eligibility standards under the State child health plan as in effect as of the date of the enactment of this paragraph.''.

SCHIP Expansion for Kids in Need Act of 2009 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) to require states to provide SCHIP priority to children in families with gross income below 200% of the federal poverty level. Declares that no state child health plan shall be considered approved for a fiscal year unless the state has developed and submitted to the Secretary of Health and Human Services a plan to assure that all qualified low-income children are covered by creditable health coverage, such a plan has been approved, and the state implements it beginning with FY2010. Declares that no payment to a state that increases its state child health plan income eligibility level above the one in effect as of the enactment of this Act shall be made for any amount expended for an individual whose family income exceeds the unincreased income eligibility level unless no more than 10% percent of qualified low-income children residing in the state are still not covered under creditable health coverage.

To amend title XXI of the Social Security Act to require States to provide priority under the State Children's Health Insurance Program (SCHIP) to children in families with gross income below 200 percent of the Federal poverty level.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ask Veterans Act''. SEC. 2. SURVEY OF VETERAN EXPERIENCES WITH DEPARTMENT OF VETERANS AFFAIRS MEDICAL CARE. (a) In General.--The Secretary of Veterans Affairs shall seek to enter into a contract with a non-government entity with significant experience conducting scientifically verifiable surveys and research to conduct an annual survey of a statistically significant sample of veterans who reside in the geographic area served by each of the medical facilities of the Department of Veterans Affairs to determine the nature of the experiences of such veterans in obtaining hospital care and medical services furnished by the Secretary at each such medical facility. Each such survey shall be conducted using scientific and verifiable methods. Such contract shall provide that the non- government entity shall conduct such annual surveys during the five- year period beginning on the date on which the Secretary enters into the contract with the non-government entity. (b) Contents.--The contract entered into under subsection (a) shall provide that each survey conducted pursuant to the contract shall be specific to a medical facility of the Department and shall include questions relating to the experiences of veterans in requesting and receiving appointments for hospital care and medical services furnished by the Secretary at that medical facility, including questions relating to each of the following: (1) The veteran's ability to obtain hospital care and medical services at the facility in a timely manner. (2) The period of time between the date on which the veteran requests an appointment at the facility and the date on which the appointment is scheduled. (3) The frequency with which scheduled appointments are cancelled by the facility. (4) The quality of hospital care or medical services the veteran has received at the facility. (c) Consultation.--The contract entered into under subsection (a) shall provide that in designing and conducting the surveys for each medical facility of the Department pursuant to such contract, the non- government entity shall consult with veterans service organizations. (d) Certification.--The contract entered into under subsection (a) shall provide that-- (1) before conducting a survey pursuant to the contract, the non-government entity shall submit the proposed survey to the Comptroller General who shall assess whether the survey is scientifically valid and whether the proposed sample size of veterans to be surveyed is statistically significant; and (2) the non-government entity may not conduct such a survey until the Comptroller General provides such a certification for the survey. (e) Submittal of Results and Public Availability of Information.-- Not later than 30 days after the completion of the surveys conducted pursuant to a contract entered into under subsection (a) for a year, the Secretary shall make the results of the surveys publicly available on the Internet website of the Department. (f) Paperwork Reduction.--Subchapter I of chapter 35 of title 44, United States Code shall not apply to this section. (g) Deadline for Implementation.--The Secretary shall enter into a contract under subsection (a) for each medical facility of the Department by not later than 180 days after the date of the enactment of this Act. SEC. 3. MENTAL HEALTH TREATMENT FOR VETERANS WHO SERVED IN CLASSIFIED MISSIONS. (a) Sense of Congress.--It is the sense of Congress that veterans who experience combat-related mental health wounds should have immediate, appropriate, and consistent access to comprehensive mental health care. (b) In General.--Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following section: ``Sec. 1720H. Mental health treatment for veterans who served in classified missions ``(a) Establishment of Standards.--(1) The Secretary shall establish standards and procedures to ensure that each covered veteran may access mental health care provided by the Secretary in a manner that fully accommodates the obligation of the veteran to not improperly disclose classified information. ``(2) The Secretary shall disseminate guidance to employees of the Veterans Health Administration, including mental health professionals, on the standards and procedures established under paragraph (1) and how to best engage covered veterans during the course of mental health treatment with respect to classified information. ``(b) Identification.--In carrying out this section, the Secretary shall ensure that a veteran may elect to identify as a covered veteran on an appropriate form. ``(c) Definitions.--In this section: ``(1) The term `classified information' means any information or material that has been determined by an official of the United States pursuant to law, an Executive order, or regulation to require protection against unauthorized disclosure for reasons of national security. ``(2) The term `covered veteran' means a veteran who-- ``(A) is enrolled in the health care system established under section 1705(a) of this title; ``(B) is seeking mental health treatment; and ``(C) in the course of serving in the Armed Forces, participated in a sensitive mission or served in a sensitive unit. ``(3) The term `sensitive mission' means a mission of the Armed Forces that, at the time at which a covered veteran seeks treatment, is classified. ``(4) The term `sensitive unit' has the meaning given that term in section 130b(c)(4) of title 10.''. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 1720G the following new item: ``1720H. Mental health treatment for veterans who served in classified missions.''. SEC. 4. BOARD OF VETERANS' APPEALS VIDEO HEARINGS. Section 7107 of title 38, United States Code, is amended-- (1) in subsection (d), by amending paragraph (1) to read as follows: ``(1)(A) Upon request for a hearing, the Board shall determine, for purposes of scheduling the hearing for the earliest possible date, whether a hearing before the Board will be held at its principal location or at a facility of the Department or other appropriate Federal facility located within the area served by a regional office of the Department. The Board shall also determine whether to provide a hearing through the use of the facilities and equipment described in subsection (e)(1) or by the appellant personally appearing before a Board member or panel. ``(B) The Board shall notify the appellant of the determinations of the location and type of hearing made under subparagraph (A). Upon notification, the appellant may request a different location or type of hearing as described in such subparagraph. If so requested, the Board shall grant such request and ensure that the hearing is scheduled at the earliest possible date without any undue delay or other prejudice to the appellant.''; and (2) in subsection (e), by amending paragraph (2) to read as follows: ``(2) Any hearing provided through the use of the facilities and equipment described in paragraph (1) shall be conducted in the same manner as, and shall be considered the equivalent of, a personal hearing.''.

Ask Veterans Act - Directs the Secretary of Veterans Affairs (VA) to contract with an experienced non-government entity to conduct an annual survey, over a five-year period, of a statistically significant sample of veterans who reside in the geographic area served by each VA medical facility to determine the experiences of such veterans in obtaining hospital care and medical services at such facility. Requires those surveys to include questions relating to: the veteran's ability to obtain hospital care and medical services at the facility in a timely manner, the time that expires between the date the veteran requests an appointment and the date on which the appointment is scheduled, the frequency with which scheduled appointments are cancelled, and the quality of hospital care or medical services the veteran receives. Requires the non-government entity to consult with veterans service organizations in designing and conducting the surveys. Prohibits the non-government entity from conducting a survey before the Comptroller General (GAO) certifies the survey as scientifically valid and the proposed sample size of veterans as statistically significant. Directs the Secretary to make the results of the surveys publicly available on the VA's Internet website.

Ask Veterans Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Thurgood Marshall Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--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 5134 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 tenure of Associate Justice Thurgood Marshall on the Supreme Court 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 ``1995''; 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 Supreme Court Historical Society, the family of the late Thurgood Marshall, 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) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning 90 days after the enactment of this Act. 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. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Historical Preservation Committee of the Supreme Court Historical Society for the purpose of collecting and preserving the physical history of the Supreme Court, including-- (1) research on the history of the entire judicial branch of the Federal Government; (2) the acquisition of objects and documents relating to the events associated with the Supreme Court of the United States in the course of the Court's history; and (3) the acquisition and preservation of documents, portraits, and period furnishings of historical significance affecting the history of the Supreme Court for the inspiration and benefit of the people of the United States. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Supreme Court Historical Society as may be related to the expenditures of amounts paid under subsection (a). 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.

Thurgood Marshall Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar coins emblematic of the tenure of Associate Justice Thurgood Marshall on the Supreme Court of the United States. Mandates that all surcharges received from the sale of such coins be paid to the Supreme Court Historical Society.

Thurgood Marshall Commemorative Coin Act

SECTION 1. DEFINITIONS. (a) Definitions.--As used in this Act: (1) The term ``locatable mineral'' means any mineral not subject to disposition under any of the following: (A) the Mineral Leasing Act (30 U.S.C. 181 and following); (B) the Geothermal Steam Act of 1970 (30 U.S.C. 100 and following); (C) the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following); or (D) the Mineral Leasing for Acquired Lands Act (30 U.S.C. 351 and following). (2) The term ``mineral activities'' means any activity for, related to or incidental to mineral exploration, mining, beneficiation and processing activities for any locatable mineral, including access. When used with respect to this term-- (A) The term ``exploration'' means those techniques employed to locate the presence of a locatable mineral deposit and to establish its nature, position, size, shape, grade and value. (B) The term ``mining'' means the processes employed for the extraction of a locatable mineral from the earth. (C) The term ``beneficiation'' means the crushing and grinding of locatable mineral ore and such processes as are employed to free the mineral from other constituents, including but not necessarily limited to, physical and chemical separation techniques. (D) The term ``processing'' means processes downstream of beneficiation employed to prepare locatable mineral ore into the final marketable product, including but not limited to, smelting and electrolytic refining. (3) The term ``mining claim'' means a claim for the purposes of mineral activities. (4) The term ``Secretary'' means, unless otherwise provided in this Act, the Secretary of the Interior acting through the Director of the Minerals Management Service. SEC. 2. MINING CLAIM MAINTENANCE REQUIREMENTS. (a) In General.--The holder of each mining claim located on lands open to location shall pay to the Secretary an annual claim maintenance fee of $100 per claim per calendar year. (b) Time of Payment.--The claim maintenance fee payable pursuant to subsection (a) for any year shall be paid on or before August 31 of each year, except that for the initial calendar year in which the location is made, the locator shall pay the initial claim maintenance fee at the time the location notice is recorded with the Bureau of Land Management. (c) Oil Shale Claims Subject to Claim Maintenance Fees Under Energy Policy Act of 1992.--This section shall not apply to any oil shale claims for which a fee is required to be paid under section 2511(e)(2) of the Energy Policy Act of 1992 (106 Stat. 3111; 30 U.S.C. 242). (d) Claim Maintenance Fees Payable Under 1993 Act.--The claim maintenance fees payable under this section for any period with respect to any claim shall be reduced by the amount of the claim maintenance fees paid under section 10101 of the Omnibus Budget Reconciliation Act of 1993 with respect to that claim and with respect to the same period. (e) Waiver.--(1) The claim maintenance fee required under this section may be waived for a claim holder who certifies in writing to the Secretary that on the date the payment was due, the claim holder and all related parties held not more than 10 mining claims on lands open to location. Such certification shall be made on or before the date on which payment is due. (2) For purposes of paragraph (1), with respect to any claim holder, the term ``related party'' means each of the following: (A) The spouse and dependent children (as defined in section 152 of the Internal Revenue Code of 1986), of the claim holder. (B) Any affiliate of the claim holder. (f) Co-ownership.--Upon the failure of any one or more of several co-owners to contribute such co-owner or owners' portion of the fee under this section, any co-owner who has paid such fee may, after the payment due date, give the delinquent co-owner or owners notice of such failure in writing (or by publication in the newspaper nearest the claim for at least once a week for at least 90 days). If at the expiration of 90 days after such notice in writing or by publication, any delinquent co-owner fails or refuses to contribute his portion, his interest in the claim shall become the property of the co-owners who have paid the required fee. SEC. 3. ROYALTY. (a) Reservation of Royalty.--Production of all locatable minerals from any mining claim located under the general mining laws, or mineral concentrates or products derived from locatable minerals from any mining claim located under the general mining laws, as the case may be, shall be subject to a royalty of 8 percent of the gross income from such production. The claimholder and any operator to whom the claimholder has assigned the obligation to make royalty payments under the claim and any person who controls such claimholder or operator shall be jointly and severally liable for payment of such royalties. (b) Duties of Claim Holders, Operators, and Transporters.--(1) A person-- (A) who is required to make any royalty payment under this section shall make such payments to the United States at such times and in such manner as the Secretary may by rule prescribe; and (B) shall notify the Secretary, in the time and manner as may be specified by the Secretary, of any assignment that such person may have made of the obligation to make any royalty or other payment under a mining claim. (2) Any person paying royalties under this section shall file a written instrument, together with the first royalty payment, affirming that such person is liable to the Secretary for making proper payments for all amounts due for all time periods for which such person has a payment responsibility. Such liability for the period referred to in the preceding sentence shall include any and all additional amounts billed by the Secretary and determined to be due by final agency or judicial action. Any person liable for royalty payments under this section who assigns any payment obligation shall remain jointly and severally liable for all royalty payments due for the claim for the period. (3) A person conducting mineral activities shall-- (A) develop and comply with the site security provisions in operations permit designed to protect from theft the locatable minerals, concentrates or products derived therefrom which are produced or stored on a mining claim, and such provisions shall conform with such minimum standards as the Secretary may prescribe by rule, taking into account the variety of circumstances on mining claims; and (B) not later than the 5th business day after production begins anywhere on a mining claim, or production resumes after more than 90 days after production was suspended, notify the Secretary, in the manner prescribed by the Secretary, of the date on which such production has begun or resumed. (4) The Secretary may by rule require any person engaged in transporting a locatable mineral, concentrate, or product derived therefrom to carry on his or her person, in his or her vehicle, or in his or her immediate control, documentation showing, at a minimum, the amount, origin, and intended destination of the locatable mineral, concentrate, or product derived therefrom in such circumstances as the Secretary determines is appropriate. (c) Recordkeeping and Reporting Requirements.--(1) A claim holder, operator, or other person directly involved in developing, producing, processing, transporting, purchasing, or selling locatable minerals, concentrates, or products derived therefrom, subject to this Act, through the point of royalty computation shall establish and maintain any records, make any reports, and provide any information that the Secretary may reasonably require for the purposes of implementing this section or determining compliance with rules or orders under this section. Such records shall include, but not be limited to, periodic reports, records, documents, and other data. Such reports may also include, but not be limited to, pertinent technical and financial data relating to the quantity, quality, composition volume, weight, and assay of all minerals extracted from the mining claim. Upon the request of any officer or employee duly designated by the Secretary or any State conducting an audit or investigation pursuant to this section, the appropriate records, reports, or information which may be required by this section shall be made available for inspection and duplication by such officer or employee or State. (2) Records required by the Secretary under this section shall be maintained for 6 years after cessation of all mining activity at the claim concerned unless the Secretary notifies the operator that he or she has initiated an audit or investigation involving such records and that such records must be maintained for a longer period. In any case when an audit or investigation is underway, records shall be maintained until the Secretary releases the operator of the obligation to maintain such records. (d) Audits.--The Secretary is authorized to conduct such audits of all claim holders, operators, transporters, purchasers, processors, or other persons directly or indirectly involved in the production or sales of minerals covered by this Act, as the Secretary deems necessary for the purposes of ensuring compliance with the requirements of this section. For purposes of performing such audits, the Secretary shall, at reasonable times and upon request, have access to, and may copy, all books, papers and other documents that relate to compliance with any provision of this section by any person. (e) Cooperative Agreements.--(1) The Secretary is authorized to enter into cooperative agreements with the Secretary of Agriculture to share information concerning the royalty management of locatable minerals, concentrates, or products derived therefrom, to carry out inspection, auditing, investigation, or enforcement (not including the collection of royalties, civil or criminal penalties, or other payments) activities under this section in cooperation with the Secretary, and to carry out any other activity described in this section. (2) Except as provided in paragraph (4)(A) of this subsection (relating to trade secrets), and pursuant to a cooperative agreement, the Secretary of Agriculture shall, upon request, have access to all royalty accounting information in the possession of the Secretary respecting the production, removal, or sale of locatable minerals, concentrates, or products derived therefrom from claims on lands open to location under the general mining laws. (3) Trade secrets, proprietary, and other confidential information shall be made available by the Secretary pursuant to a cooperative agreement under this subsection to the Secretary of Agriculture upon request only if-- (A) the Secretary of Agriculture consents in writing to restrict the dissemination of the information to those who are directly involved in an audit or investigation under this section and who have a need to know; (B) the Secretary of Agriculture accepts liability for wrongful disclosure; and (C) the Secretary of Agriculture demonstrates that such information is essential to the conduct of an audit or investigation under this subsection. (f) Interest and Substantial Underreporting Assessments.--(1) In the case of mining claims where royalty payments are not received by the Secretary on the date that such payments are due, the Secretary shall charge interest on such under payments at the same interest rate as is applicable under section 6621(a)(2) of the Internal Revenue Code of 1986. In the case of an underpayment, interest shall be computed and charged only on the amount of the deficiency and not on the total amount. (2) If there is any underreporting of royalty owed on production from a claim for any production month by any person liable for royalty payments under this section, the Secretary may assess a penalty of 10 percent of the amount of that underreporting. (3) If there is a substantial underreporting of royalty owed on production from a claim for any production month by any person responsible for paying the royalty, the Secretary may assess an additional penalty of 10 percent of the amount of that underreporting. (4) For the purposes of this subsection, the term ``underreporting'' means the difference between the royalty on the value of the production which should have been reported and the royalty on the value of the production which was reported, if the value which should have been reported is greater than the value which was reported. An underreporting constitutes a ``substantial underreporting'' if such difference exceeds 10 percent of the royalty on the value of production which should have been reported. (5) The Secretary shall not impose the assessment provided in paragraphs (2) or (3) of this subsection if the person liable for royalty payments under this section corrects the underreporting before the date such person receives notice from the Secretary that an underreporting may have occurred, or before 90 days after the date of the enactment of this section, whichever is later. (6) The Secretary shall waive any portion of an assessment under paragraph (2) or (3) of this subsection attributable to that portion of the underreporting for which the person responsible for paying the royalty demonstrates that-- (A) such person had written authorization from the Secretary to report royalty on the value of the production on basis on which it was reported, or (B) such person had substantial authority for reporting royalty on the value of the production on the basis on which it was reported, or (C) such person previously had notified the Secretary, in such manner as the Secretary may by rule prescribe, of relevant reasons or facts affecting the royalty treatment of specific production which led to the underreporting, or (D) such person meets any other exception which the Secretary may, by rule, establish. (7) All penalties collected under this subsection shall be deposited in the Treasury. (g) Expanded Royalty Obligations.--Each person liable for royalty payments under this section shall be jointly and severally liable for royalty on all locatable minerals, concentrates, or products derived therefrom lost or wasted from a mining claim located or converted under this section when such loss or waste is due to negligence on the part of any person or due to the failure to comply with any rule, regulation, or order issued under this section. (h) Exception.--No royalty shall be payable under subsection (a) with respect to minerals processed at a facility by the same person or entity which extracted the minerals if an urban development action grant has been made under section 119 of the Housing and Community Development Act of 1974 with respect to any portion of such facility. (i) Disbursement of Revenues.--The receipts from royalties collected under this section with respect to any mining claim shall be disbursed in the same manner as provided in section 35 of the Mineral Leasing Act (30 U.S.C. 181 and following). (j) Effective Date.--The royalty under this section shall take effect with respect to the production of locatable minerals after the enactment of this Act, but any royalty payments attributable to production during the first 12 calendar months after the enactment of this Act shall be payable at the expiration of such 12-month period. SEC. 4. PURCHASING POWER ADJUSTMENT. The Secretary shall adjust all dollar amounts established in this Act for changes in the purchasing power of the dollar every 10 years following the date of enactment of this Act, employing the Consumer Price Index for all-urban consumers published by the Department of Labor as the basis for adjustment, and rounding according to the adjustment process of conditions of the Federal Civil Penalties Inflation Adjustment Act of 1990 (104 Stat. 890). SEC. 5. SAVINGS CLAUSE. Nothing in this Act shall be construed as repealing or modifying any Federal law, regulation, order or land use plan, in effect prior to the effective date of this Act, that prohibits or restricts the application of the general mining laws, including such laws that provide for special management criteria for operations under the general mining laws as in effect prior to the effective date of this Act, to the extent such laws provide environmental protection greater than required under this Act. SEC. 6. EFFECTIVE DATE. This Act shall take effect on the date 1 year after the date of enactment of this Act.

Mandates annual claim maintenance fees of $100 per claim per calendar year (except shale claims subject to claim maintenance fees under the Energy Policy Act of 1992). Reduces such fees by the amount of the claim maintenance fees paid under the Omnibus Budget Reconciliation Act of 1993. Allows the Secretary of the Interior, acting through the Director of the Minerals Management Service (MMS), to waive claim maintenance fees for claim holders that, with all related parties, held no more than ten claims on lands open to location. States that the claim interest of any co-owner who fails to contribute his portion of the claim maintenance fee shall become the property of the co-owners who have paid the required fee. Subjects the production of locatable minerals located under the general mining laws (including their concentrates and products) to a royalty payment of eight percent of the gross income. Prescribes guidelines for the duties of claim holders, operators, and transporters. Authorizes the Secretary to require by rule that transporters possess documentation showing the amount, origin, and intended destination of the locatable mineral, concentrate or product. Prescribes recordkeeping, reporting, and auditing requirements. Authorizes the Secretary to enter into cooperative agreements with the Secretary of Agriculture to implement this Act. Provides for: (1) interest and substantial underreporting assessments in cases of tardy or delinquent mining claim royalty payments; and (2) several and joint liability for royalty payments on all locatable minerals, concentrates, or products derived therefrom which are lost or wasted due to negligence or noncompliance with regulations. Directs the Secretary to adjust dollar amounts every ten years for changes in the purchasing power of the dollar.

To provide for claim maintenance fees and royalties on hardrock mining claims, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Prescription Drug Program Integrity and Transparency Act of 2013''. SEC. 2. PHARMACY BENEFITS MANAGER STANDARDS UNDER THE MEDICARE PROGRAM. (a) In General.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by adding at the end the following new paragraphs: ``(7) Pharmacy benefits manager transparency and proper operations requirements.-- ``(A) In general.--Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall provide that the PDP may not enter into a contract with any pharmacy benefits manager (referred to in this paragraph as a `PBM') to manage the prescription drug coverage provided under such plan, or to control the costs of the prescription drug coverage under such plan, unless the PBM satisfies the requirements described in subparagraph (B). ``(B) Requirements.--The requirements described in this subparagraph are as follows: ``(i) Proper audit procedures.--The following shall apply to each audit of a pharmacy conducted by or for the pharmacy benefits manager with respect to such prescription drug plan: ``(I) Assuring recoveries to medicare.-- ``(aa) The PBM (or auditing entity) shall disclose the amount of each payment recovered pursuant to the audit to the PDP sponsor with a copy to the pharmacy. ``(bb) Any payment recovered by the PBM (or auditing entity) pursuant to the audit shall be returned to the PDP sponsor. ``(II) Assuring clinical decisions in audits.-- ``(aa) In the case the audit involves clinical or professional judgment, the audit shall be conducted by, or in consultation with, a pharmacist licensed in the State of the audit or the State board of pharmacy. ``(bb) The pharmacy, practice site, or other entity may use a nursing home's medication administration record (MAR), the records of a hospital, physician, rehabilitation facility, State- licensed healthcare facility, or other authorized practitioner to validate the pharmacy records and any legal prescription (one that complies with State Board of Pharmacy requirements) may be used to validate claims submitted by the pharmacy in connection with prescriptions, refills, proof of delivery, or changes in prescriptions during any phase of the audit, including appeal. ``(III) Assuring proper procedures.-- ``(aa) The PBM (or auditing entity) may not apply recordkeeping or other requirements on the pharmacy that are more stringent than such requirements applied under Federal law or the State law involved. ``(bb) The PBM (or auditing entity) shall accept all pharmacy prescription records related to the audit in an electronic format or other digital media. ``(cc) The PBM (or auditing entity) may not, pursuant to the audit, disallow the entire payment with respect to a claim submitted by the pharmacy because of a clerical or recordkeeping error (such as a typographical error, scrivener's error, or computer error) if there is an absence of intent to commit fraud, as defined in section 1347 of title 18, United States Code. In the case of errors that have no financial harm to the patient or plan, the PBM shall not assess any chargebacks. ``(dd) The PBM (or auditing entity) may not use extrapolation or other statistical expansion techniques in calculating any recoupment or penalty pursuant to the audit. ``(ee) The period covered by the audit may not exceed 2 years from the date the claim involved was submitted to, or adjusted by, the PBM (or auditing entity). ``(ff) The PBM (or auditing entity) shall have in place a written appeals process that affords the pharmacy a minimum of 60 days to respond to the auditor findings, shall include procedures for appeals from preliminary reports and final reports related to such audit, and shall permit the pharmacy to introduce any documentation which would validate a claim contested in the audit until the final written decision is issued on appeal. ``(ii) Business practice predictability.--A PBM shall provide a particular aggregate average reimbursement rate for generics or a maximum average discount off of an accepted pharmaceutical pricing benchmark for multi- source generics as a whole (often referred to as a `generic effective rate') and provide a process for the generic effective rate to be appealed. For the purposes of this rate or benchmark amount, the PBM shall utilize a pharmaceutical pricing benchmark published by a nationally available compendium. The aggregate average reimbursement rate for generics (generic effective rate) shall be calculated using the actual amount paid to the pharmacy (typically the amount of reimbursement to the PBM plus the patient co-pay), excluding the dispensing fee, shall not be calculated solely according to the amount allowed by the plan, and shall include all generics dispensed, regardless of whether they are subject to MAC pricing. ``(iii) Protecting patient and claims related data.--A PBM shall adhere to the following criteria when handling personally identifiable utilization and claims data or other sensitive patient data: ``(I) A PBM may not transmit any personally identifiable utilization or claims data to a pharmacy owned by a PBM if the plan enrollee has not voluntarily elected in writing or via secure electronic means to fill that particular prescription at the PBM- owned pharmacy. ``(II) A PBM may not require that a plan enrollee use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM or provide an incentive to a beneficiary to encourage the individual to use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM, if the incentive is applicable only to such pharmacies.''. (b) Disclosure and Regular Update of Prescription Drug Reimbursement.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended to read as follows: ``(6) Disclosure and regular update of prescription drug reimbursement.--Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall provide that the sponsor or subcontractor of such sponsor shall-- ``(A) disclose to a pharmacy, at the time when a contract is offered, the methodology and actual per unit reimbursement amount for each covered drug for each such pharmacy; and ``(B) not less frequently than once every 7 days, beginning with an initial update on January 1 of each year-- ``(i) update such reimbursement amount to accurately reflect the market price of acquiring the drug; and ``(ii) disclose to each contracted pharmacy such methodology and reimbursement amounts.''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning on or after January 1, 2015.

Medicare Prescription Drug Program Integrity and Transparency Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to require each contract entered into with a prescription drug plan (PDP) sponsor with respect to a PDP the sponsor offers to prohibit the PDP from entering into a contract with any pharmacy benefits manager (PBM) to manage the prescription drug coverage provided under such plan, or to control the costs of the prescription drug coverage under it, unless the manager satisfies specified PBM audit and disclosure requirements. Requires a PBM to provide: (1) a particular aggregate average reimbursement rate for generics or a maximum average discount off of an accepted pharmaceutical pricing benchmark for multi-source generics as a whole ("generic effective rate"), and (2) a process for the generic effective rate to be appealed. Revises requirements for contracts with PDP sponsors to require that the PDP sponsor or a subcontractor of the sponsor disclose to a pharmacy, at the time when a contract is offered and at least once every seven days, the methodology and actual per unit reimbursement amount for each covered drug for each contracted pharmacy.

Medicare Prescription Drug Program Integrity and Transparency Act of 2013

That chapter 59 of title 10, United States Code, is amended by adding at the end thereof the following new section: ``SEC. XX. VOLUNTARY SEPARATION FOR REASON OF OBJECTION TO MILITARY POLICY ON HOMOSEXUALS. ``(a) Generally.--A member of the armed forces may request separation from the armed forces under this section and, if found eligible for separation under this section by the Secretary of the military department concerned, such member shall be separated from military service as provided for in this section. ``(b) Eligibility.--A member is eligible for separation under this section if such member-- ``(1) became a member of the armed forces on or before the date on which the policy of the Department of Defense that was in effect on May 11, 1993, that homosexuality is incompatible with military service, was changed to a policy under which homosexuality is not incompatible with military service; ``(2) has not incurred or accepted any new or additional military service obligation on or after the date of such change in such policy; ``(3) is not eligible to retire from the armed forces; ``(4) has not previously been approved for separation from the armed forces under any other section of law; and ``(5) has religious, moral, or personal morale objections to such change in such policy, and has filed within one year after the date of such change in such policy a written request to the Secretary concerned with voluntary separation under this section because of such religious, moral, or personal morale objections to such change in such policy. ``(c) Administration.--The Secretary concerned shall determine, under such regulations as are deemed appropriate by such Secretary, if a member who requests separation under this section is eligible for separation under this section. In determining if such a member has met the requirements of subsection (b)(5), a written request for voluntary separation by such member that asserts the request is made because the member has religious, moral, or personal morale objections to such change in such policy will generally be sufficient to establish that such member has met the requirements of that subsection. However, the Secretary may consider such other information as he deems appropriate in determining if such member's request for separation is because of such objections, including any information that such member previously has sought separation or relief from any military service obligation for any other reason, information concerning whether such member has previously expressed any opinion about such member's religious, moral, or personal morale objections to such change in such policy, or any information that such member has expressed a desire or intent to be separated or relieved from any military service obligation for any other reason. ``(d)(1) Active Duty Benefits.--A member who is separated under this section and who-- ``(A) has served on active duty for more than six years on the date of the policy change described in subsection (b)(1); ``(B) has served on active duty for not more than twenty years on the date of such separation; ``(C) has served at least five years of continuous active duty immediately preceding the date of such separation; and ``(D) if a Reserve, is on an active duty list, shall be entitled to the benefits payable to either a member voluntarily separated under section 1174a(b) or a member voluntarily separated under section 1175, at the discretion of the member being separated under this section. ``(2) Reserve Benefits.--A member of the Selected Reserve, as defined in section 4412 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484), who is separated from the armed forces under this section and who has completed at least six years of service computed under section 1332 on the date of the policy change described in subsection (b)(1) shall be entitled to either-- ``(A) the benefits provided to member involuntarily discharged or transferred under section 4418 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102- 484); or ``(B) if such member also has completed at least fifteen years of service computed under section 1332, to the rights and benefits provided to members found eligible for such rights and benefits under section 1331a of title 10, United States Code, at the discretion of the member being separated under this section. ``(3) Election of Benefits.--A member separated under this section may not receive benefits under both paragraphs (1) and (2) of this subsection. If such a member is eligible for benefits under both paragraphs (1) and (2) of this subsection, such member will elect which benefits he shall receive. ``(e)(1) Date of Separation Generally.--The Secretary concerned may determine the date upon which a member entitled to be separated under this section is to be separated. However, except as provided in paragraphs (2) and (3), such date of separation shall not be later than one hundred and eighty days after receipt by the Secretary concerned of such member's request to be separated under this section. ``(2) Requirement for Reimbursement.--Notwithstanding the one hundred and eighty-day period established by paragraph (1), the date of separation for a member entitled to be separated under this section who has any military service obligation for which, because of contract, agreement, or law, such member is liable for reimbursement to the United States if such military service obligation is not fully served, may not be prior to the earlier of-- ``(A) the date on which the member fully reimburses the United States for any such military service obligation as required by such contract, agreement, or law; or ``(B) the date on which the member completes such military service obligation. ``(3) Readiness Extension.--Notwithstanding the one hundred and eighty-day period established by paragraph (1), the Secretary concerned may delay the date of separation of an individual member entitled to be separated under this section if the Secretary determines that the separation of such member within that one hundred and eighty-day period would create a direct and serious negative impact on the readiness of the military department concerned. However, a delay under this paragraph may not extend a date of separation more than two years beyond that which would otherwise be required by paragraph (1).''. Sec. 2. Effective Date.--This section shall take effect only if that policy of the Department of Defense that was in effect on May 11, 1993, that homosexuality is incompatible with military service is changed to a policy under which homosexuality is not incompatible with military service, but shall be effective on the date of any such change in such policy.

Allows a member of the armed forces to request and receive separation from the armed forces if such member: (1) became a member of the armed forces before the Department of Defense policy that homosexuality is incompatible with military service is changed to a policy that homosexuality is not incompatible; (2) has not incurred or accepted any new or additional military service obligation after such policy change; (3) is not eligible for retirement from the armed forces; (4) has not previously been approved for separation under any other law; and (5) has religious, moral, or personal morale objections to such change in policy and, within one year, requests voluntary separation. Entitles to voluntary separation benefits active-duty and reserve members who have served for at least six but less than 20 years in the armed forces and who separate from the armed forces under provisions of this Act. Requires separation within 180 days after the appropriate Secretary receives the request, with a delay allowed due to an adverse impact on the readiness of the military department concerned.

A bill to provide a right for a member of the Armed Services to be voluntarily separated from military service if the existing policy concerning military service by homosexuals is changed so that homosexuality is no longer incompatible with military service and if such member has religious, moral, or personal morale objections to such change in policy, to provide separation benefits for certain such members, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student and Student Athlete Opioid Misuse Prevention Act''. SEC. 2. GRANTS FOR OPIOID MISUSE PREVENTION. Part A of title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by adding at the end the following: ``SEC. 506B. GRANTS FOR STUDENT AND STUDENT ATHLETE OPIOID MISUSE PREVENTION. ``(a) Authority.--The Assistant Secretary, in consultation with the Secretary of Education, may make grants to, and enter into contracts and cooperative agreements with, public and nonprofit private entities, including States and drug-free community coalitions, to enable such entities-- ``(1) to carry out school-based programs concerning the dangers of the misuse of and addiction to prescription opioids, related drugs, and other prescribed drugs commonly used in pain management or injury recovery, including initiatives that give students the responsibility to create their own anti-drug abuse education programs for their schools; ``(2) to carry out community-based misuse and addiction prevention programs relating to prescription opioids, related drugs, and other prescription drugs commonly used in pain management or injury recovery, including youth sports organizations; and ``(3) to carry out school, collegiate, and community-based engagement of youth, high school, or collegiate athletic and recreation programs and associations concerning the dangers of the misuse of and addiction to prescription opioids, related drugs, and other prescription drugs commonly used in pain management or injury recovery, including initiatives that give student athletes the responsibility to create their own anti- drug abuse education programs for their schools. ``(b) Use of Funds.--Amounts made available under a grant, contract, or cooperative agreement under subsection (a) shall be used for planning, establishing, or administering prevention programs relating to prescription opioid, related drugs, and other drugs commonly used in pain management or injury recovery. ``(c) Use of Funds.--Amounts provided to an entity under this section may be used-- ``(1) to carry out school-based programs that are focused on school districts with high or increasing rates of misuse of and addiction to prescription and nonprescription opioids, and targeted at populations that are most at risk to start misusing such drugs; ``(2) to carry out community-based prevention programs that are focused on populations within the community that are most at risk for misuse of and addiction to prescription and nonprescription opioids; ``(3) to carry out school-based prevention programs that are focused on student athletes and the risk of misuse of and addiction to prescription and nonprescription opioids as part of injury recovery and pain management; ``(4) to carry out community-based programs that are focused on youth athletes and the risk of misuse of and addiction to prescription and nonprescription opioids as part of injury recovery and pain management; ``(5) to carry out collegiate-based programs that are focused on collegiate athletes, including club sports and recreation sports, and the risk for misuse of and addiction to prescription and nonprescription opioids as part of injury recovery and pain management; ``(6) to assist local government entities to conduct appropriate prevention activities relating to youth and the risk for misuse of and addiction to prescription and nonprescription opioids as part of injury recovery and pain management; and ``(7) to train and educate State and local officials; youth athletics organizers and coaches; school administrators, teachers, athletic directors, coaches, and athletic trainers; collegiate administrators, athletic directors, directors of campus recreation, coaches, athletic trainers, and campus-based medical providers, on the signs of misuse of prescription and nonprescription opioids and the options for treatment and prevention of such misuse. ``(d) Allocation and Report.-- ``(1) Prevention program allocation.--Not more than $500,000 of the amount appropriated in each fiscal year to carry out this section shall be made available to the Assistant Secretary, acting in consultation with other Federal agencies, to support and conduct periodic analyses and evaluations of effective prevention programs for misuse of and addiction to opioids, related drugs, and other drugs commonly used for pain management and the development of appropriate strategies for disseminating information about and implementing such programs. ``(2) Report.--The Assistant Secretary shall annually prepare and submit to the Committee on Health, Education, Labor, and Pensions, the Committee on the Judiciary, and the Committee on Appropriations of the Senate, and the Committee on Energy and Commerce, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives, a report on the prevention programs and development of strategies described in paragraph (1), containing, as appropriate, the results of the analyses and evaluations conducted under paragraph (1). ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section-- ``(1) $10,000,000 for fiscal year 2018; and ``(2) such sums as may be necessary for each succeeding fiscal year.''.

Student and Student Athlete Opioid Misuse Prevention Act This bill amends the Public Health Service Act to authorize the Substance Abuse and Mental Health Services Administration (SAMHSA) to support programs for schools, athletic programs, or communities to prevent prescription drug misuse and addiction related to opioids and other medications for pain or injury recovery. SAMHSA must report annually on federal programs to prevent pain medication misuse and addiction.

Student and Student Athlete Opioid Misuse Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voting Opportunity Through Technology and Education Act of 2001''. SEC. 2. VOLUNTARY ACCESSIBILITY STANDARDS FOR POLLING PLACES AND VOTING EQUIPMENT. (a) Revision and Expansion of Current Voting System Standards.-- (1) In general.--Not later than 9 months after the date of the enactment of this Act, the Office of Election Administration of the Federal Election Commission (hereafter in this section referred to as the ``Office'') shall develop and publish revisions to the most recent version of voting system standards issued by the Office, and shall expand the scope of such standards to include voluntary standards to promote for all individuals, including the elderly and individuals with disabilities, the accessibility of polling places and the effective use of voting systems and voting equipment which provide the opportunity for casting a secure and secret ballot. (2) Future updates.--The Office shall update the revised and expanded standards under paragraph (1) at such intervals as the Office considers appropriate. (b) Consultation.--In developing the revised and expanded standards under subsection (a), the Office shall consult with officials of the Federal Government and State and local governments with expertise in assessing the accessibility of facilities and voting systems for the elderly and individuals with disabilities, and with appropriate organizations with expertise in developing accessibility standards for the elderly and individuals with disabilities. (c) Posting on Internet.--The Office shall post the revised and expanded standards under this section on the Internet, and shall take such other measures to disseminate the standards to the public as the Office considers appropriate. SEC. 3. REQUIRING OFFICE OF ELECTION ADMINISTRATION TO SERVE AS CLEARINGHOUSE OF INFORMATION ON ACCESSIBILITY OF VOTING SYSTEMS. Section 311(a)(10) of the Federal Election Campaign Act of 1971 (2 U.S.C. 438(a)(10)) is amended by striking ``Federal elections.'' and inserting the following: ``Federal elections (including information regarding the accessibility of voting systems, voting equipment, and polling places for the elderly and individuals with disabilities), and provide information on methods to improve the administration of Federal elections upon request to a State or unit of local government.''. SEC. 4. GRANT PROGRAM FOR ACTIVITIES TO PROMOTE ACCESSIBILITY IN VOTING. (a) In General.--After the issuance of the revised voting system standards by the Office of Election Administration of the Commission pursuant to section 2, the Federal Election Commission shall make grants to eligible States-- (1) to bring voting systems, voting equipment, polling places, and voter registration facilities in the State into compliance with such revised standards; and (2) to carry out other activities to promote the accessibility of voting systems, voting equipment, polling places, and voter registration facilities for the elderly and individuals with disabilities. (b) Eligibility.-- (1) In general.--A State is eligible to receive a grant under this section if it submits to the Commission (at such time and in such form as the Commission may require) an application containing-- (A) a description of the activities the State will carry out with the funds provided under the grant; (B) assurances that the State will carry out such activities in a manner consistent with the revised voting system standards issued pursuant to section 2; and (C) such other information and assurances as the Commission may require. (2) Use of funds for educational activities.--At the option of the State, a State may use funds provided under a grant made under this section to educate poll workers, election officials, and voters on the availability and use of voting technology and equipment which is designed to be fully accessible to the elderly and individuals with disabilities. (c) Report.--At such time as the Commission may require, each State receiving a grant under this section shall submit a report to the Commission which describes the activities carried out with the funds provided under the grant and contains such other information as the Commission may require. (d) Action Through Office of Election Administration.--The Commission shall carry out its duties under this section through its Office of Election Administration. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Commission for each of fiscal years 2002 through 2005-- (1) $200,000,000 for grants under this section; and (2) such sums as may be necessary for the administrative expenses of carrying out this section, including expenses relating to the hiring of additional personnel. SEC. 5. REVISIONS TO VOTING ACCESSIBILITY FOR THE ELDERLY AND HANDICAPPED ACT. (a) Statement of Purpose.--Section 2 of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee) is amended by striking ``to promote the fundamental right'' and all that follows and inserting the following: ``to ensure that no citizen is denied the right to vote because the citizen is elderly or has a disability.''. (b) Restoration of Reporting Requirements.-- (1) In general.--Section 3(c) of such Act (42 U.S.C. 1973ee-1(c)) is amended by striking paragraph (3). (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to years beginning with 2002.

Voting Opportunity Through Technology and Education Act of 2001 - Directs the Office of Election Administration of the Federal Election Commission (FEC) to: (1) develop and publish revisions to the most recent version of voting system standards issued by FEC; and (2) expand the scope of such standards to include voluntary standards to promote for all individuals the accessibility of polling places and the effective use of voting systems and equipment that provide the opportunity for casting a secure and secret ballot.Amends the Federal Election Campaign Act of 1971 to direct the Office to serve as a clearinghouse of information on accessibility of voting systems and equipment and polling places for the elderly and individuals with disabilities.Provides that, after the issuance of the revised voting system standards by the Office, the FEC shall make grants to eligible States to: (1) bring voting systems and equipment, polling places, and voter registration facilities in the State into compliance with such revised standards; and (2) carry out other activities to promote the accessibility of voting systems and equipment, polling places, and voter registration facilities for the elderly and individuals with disabilities.Amends the Voting Accessibility for the Elderly and Handicapped Act to: (1) ensure that no citizen is denied the right to vote because the citizen is elderly or has a disability; and (2) restore certain reporting requirements.

To direct the Federal Election Commission to issue voluntary standards to promote the accessibility and effective use of voting systems, voting equipment, and polling places, to make grants to assist States in complying with such standards and carrying out other activities to promote accessibility in voting, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Generating Real Opportunities for Workers and Transitional Help Act'' or the ``GROWTH Act''. SEC. 2. EXTENSION OF MODIFIED FIRST-TIER EMERGENCY UNEMPLOYMENT COMPENSATION. (a) Extension.-- (1) In general.--Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by adding at the end the following: ``(c) Special Rule for First-Tier Emergency Unemployment Compensation.--Nothing in this section shall prevent the commencement or continued payment of emergency unemployment compensation under this title to the extent that such compensation-- ``(1) represents amounts established in an account under section 4002(b); and ``(2) is payable for a week ending on or before January 1, 2015.''. (2) Modification.--Section 4002(b) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by inserting after paragraph (3) the following: ``(4) Special rule relating to amounts payable for a week ending after january 1, 2014.--Notwithstanding any provision of paragraph (1) or (2), for purposes of determining whether an amount is payable, out of amounts established in an account under this subsection, for a week ending after January 1, 2014-- ``(A) paragraph (1)(A) shall be applied by substituting `54 percent' for `80 percent'; ``(B) paragraph (1)(B) shall be applied by substituting `14 weeks' for `20 weeks'; and ``(C) any amount established in an account under paragraph (1) or (2), which becomes nonpayable by reason of this paragraph, shall be treated in the same way as if it had never been established in such account.''. (b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) in subparagraph (I), by striking ``and'' at the end; (2) in subparagraph (J), by inserting ``and'' at the end; and (3) by inserting after subparagraph (J) the following: ``(K) the amendment made by section 2(a) of the Generating Real Opportunities for Workers and Transitional Help Act;''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 (Public Law 112-240). SEC. 3. FLEXIBILITY FOR UNEMPLOYMENT PROGRAM AGREEMENTS. (a) Flexibility.-- (1) In general.--Subsection (g) of section 4001 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) shall not apply with respect to a State that has enacted a law before December 1, 2013, that, upon taking effect, would violate such subsection. (2) Effective date.--Paragraph (1) is effective with respect to weeks of unemployment beginning on or after December 29, 2013. (b) Permitting a Subsequent Agreement.--Nothing in title IV of such Act shall preclude a State whose agreement under such title was terminated from entering into a subsequent agreement under such title on or after the date of the enactment of this Act if the State, taking into account the application of subsection (a), would otherwise meet the requirements for an agreement under such title. SEC. 4. AUTHORITY TO USE ANY DISCRETIONARY APPROPRIATIONS AVAILABLE TO THE SECRETARY OF LABOR TO CONDUCT IN-PERSON REEMPLOYMENT AND UNEMPLOYMENT INSURANCE ELIGIBILITY ASSESSMENTS FOR UNEMPLOYMENT INSURANCE BENEFICIARIES. (a) Authority.--Notwithstanding any other provision of law, the Secretary of Labor may, for fiscal years 2014 through 2023, use any discretionary appropriations available to the Secretary to conduct in- person reemployment and unemployment insurance eligibility assessments for unemployment insurance beneficiaries. (b) Limitation.--Amounts used in a fiscal year pursuant to the authority under subsection (a) may not exceed the following: (1) $20,000,000 for fiscal year 2014. (2) $25,000,000 for fiscal year 2015. (3) $30,000,000 for fiscal year 2016. (4) $35,000,000 for fiscal year 2017. (5) $36,000,000 for fiscal year 2018. (6) $37,000,000 for fiscal year 2019. (7) $38,000,000 for fiscal year 2020. (8) $39,000,000 for fiscal year 2021. (9) $40,000,000 for fiscal year 2022. (10) $41,000,000 for fiscal year 2023. SEC. 5. REPEAL OF MEDICAL DEVICE EXCISE TAX. (a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is amended by striking subchapter E. (b) Conforming Amendments.-- (1) Subsection (a) of section 4221 of such Code is amended by striking the last sentence. (2) Paragraph (2) of section 6416(b) of such Code is amended by striking the last sentence. (3) The table of subchapters for chapter 32 of such Code is amended by striking the item relating to subchapter E. (c) Effective Date.--The amendments made by this section shall apply to sales after the date of the enactment of this Act. SEC. 6. KEYSTONE XL PERMIT APPROVAL. Notwithstanding Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3, United States Code, and any other Executive order or provision of law, no Presidential permit shall be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Keystone Pipeline, L.P., to the Department of State for the Keystone XL pipeline, as supplemented to include the Nebraska reroute evaluated in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor. The final environmental impact statement issued by the Secretary of State on August 26, 2011, coupled with the Final Evaluation Report described in the previous sentence, shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and of the National Historic Preservation Act (16 U.S.C. 470 et seq.). SEC. 7. REPEAL OF 30-HOUR THRESHOLD FOR CLASSIFICATION AS FULL-TIME EMPLOYEE FOR PURPOSES OF THE EMPLOYER MANDATE IN THE PATIENT PROTECTION AND AFFORDABLE CARE ACT AND REPLACEMENT WITH 40 HOURS. (a) Full-Time Equivalents.--Paragraph (2) of section 4980H(c) of the Internal Revenue Code of 1986 is amended-- (1) by repealing subparagraph (E), and (2) by inserting after subparagraph (D) the following new subparagraph: ``(E) Full-time equivalents treated as full-time employees.--Solely for purposes of determining whether an employer is an applicable large employer under this paragraph, an employer shall, in addition to the number of full-time employees for any month otherwise determined, include for such month a number of full- time employees determined by dividing the aggregate number of hours of service of employees who are not full-time employees for the month by 174.''. (b) Full-Time Employees.--Paragraph (4) of section 4980H(c) of the Internal Revenue Code of 1986 is amended-- (1) by repealing subparagraph (A), and (2) by inserting before subparagraph (B) the following new subparagraph: ``(A) In general.--The term `full-time employee' means, with respect to any month, an employee who is employed on average at least 40 hours of service per week.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by section 1513 of the Patient Protection and Affordable Care Act. SEC. 8. DISQUALIFICATION ON RECEIPT OF DISABILITY INSURANCE BENEFITS IN A MONTH FOR WHICH UNEMPLOYMENT COMPENSATION IS RECEIVED. (a) In General.--Section 223(d)(4) of the Social Security Act (42 U.S.C. 423(d)(4)) is amended by adding at the end the following: ``(C)(i) If for any month an individual is entitled to unemployment compensation, such individual shall be deemed to have engaged in substantial gainful activity for such month. ``(ii) For purposes of clause (i), the term `unemployment compensation' means-- ``(I) `regular compensation', `extended compensation', and `additional compensation' (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act (26 U.S.C. 3304 note)); and ``(II) trade adjustment assistance under title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).''. (b) Trial Work Period.--Section 222(c) of the Social Security Act (42 U.S.C. 422(c)) is amended by adding at the end the following: ``(6)(A) For purposes of this subsection, an individual shall be deemed to have rendered services in a month if the individual is entitled to unemployment compensation for such month. ``(B) For purposes of subparagraph (A), the term `unemployment compensation' means-- ``(i) `regular compensation', `extended compensation', and `additional compensation' (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act (26 U.S.C. 3304 note)); and ``(ii) trade adjustment assistance under title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).''. (c) Data Matching.--The Commissioner of Social Security shall implement the amendments made by this section using appropriate electronic data. (d) Effective Date.--The amendments made by this section shall apply with respect to months beginning after the date of the enactment of this Act. SEC. 9. SOCIAL SECURITY NUMBER REQUIRED TO CLAIM THE REFUNDABLE PORTION OF THE CHILD TAX CREDIT. (a) In General.--Subsection (d) of section 24 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(5) Identification requirement with respect to taxpayer.-- ``(A) In general.--Paragraph (1) shall not apply to any taxpayer for any taxable year unless the taxpayer includes the taxpayer's Social Security number on the return of tax for such taxable year. ``(B) Joint returns.--In the case of a joint return, the requirement of subparagraph (A) shall be treated as met if the Social Security number of either spouse is included on such return.''. (b) Omission Treated as Mathematical or Clerical Error.-- Subparagraph (I) of section 6213(g)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(I) an omission of a correct Social Security number required under section 24(d)(5) (relating to refundable portion of child tax credit), or a correct TIN under section 24(e) (relating to child tax credit), to be included on a return,''. (c) Conforming Amendment.--Subsection (e) of section 24 of the Internal Revenue Code of 1986 is amended by inserting ``With Respect to Qualifying Children'' after ``Identification Requirement'' in the heading thereof. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Generating Real Opportunities for Workers and Transitional Help Act or GROWTH Act - Amends the Supplemental Appropriations Act, 2008 to declare that nothing in the Act shall prevent the commencement or continued payment of first-tier emergency unemployment compensation (EUC) to the extent that it: represents amounts established in an applicant's EUC account (EUCA); and is payable for a week ending on or before January 1, 2015. (Thus provides for a 12-month extension of EUC.) Revises the formula for crediting Tier-1 amounts to an applicant's EUCA to include a week ending after January 1, 2014. Decreases the percentages in the formula (the lesser of which shall be the amount credited): (1) from 80% to 54% of the total amount of regular compensation (including dependents' allowances) payable to the individual during the benefit year, and (2) from 20 to 14 times the individual's average weekly benefit amount for the benefit year. Directs the Secretary of the Treasury to transfer necessary amounts from the Treasury general fund to the EUC account to make payments to states for this extension of EUC. Makes a change in application of a certain requirement (nonreduction rule) to a state that has entered a federal-state EUC agreement, under which the federal government would reimburse the state's unemployment compensation agency making EUC payments to individuals who have exhausted all rights to regular unemployment compensation under state or federal law and meet specified other criteria. (Under the nonreduction rule such an agreement does not apply with respect to a state whose method for computing regular unemployment compensation under state law has been modified to make the average weekly unemployment compensation benefit paid on or after June 2, 2010, less than what would have been paid before June 2, 2010.) Declares that the nonreduction rule shall not apply to a state which has enacted a law before December 1, 2013, that, upon taking effect, would violate the nonreduction rule. Allows a state whose agreement was terminated, however, to enter into a subsequent federal-state EUC agreement on or after enactment of this Act if, taking into account this inapplicability of the nonreduction rule, it would otherwise meet the requirements for an EUC agreement. (Thus allows such a subsequent EUC agreement to permit payment of less than the average weekly unemployment compensation benefit paid on or after June 2, 2010.) Authorizes the Secretary of Labor, for FY2014-FY2023, to use any available discretionary appropriations to conduct in-person reemployment and unemployment insurance eligibility assessments for unemployment insurance beneficiaries. Specifies limits in such amount for each fiscal year. Amends the Internal Revenue Code (IRC) to repeal the excise tax on medical devices. Declares that no presidential permit shall be required for a specified application filed on May 4, 2012, by TransCanada Keystone XL pipeline, L.P., to the Department of State for the Keystone XL pipeline, as supplemented to include the Nebraska reroute featured in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor. Considers the final environmental impact statement regarding the pipeline issued by the Secretary of State on August 26, 2011, coupled with the Final Evaluation Report, to satisfy all requirements of the National Environmental Policy Act of 1969. Amends the IRC, as amended by the Patient Protection and Affordable Care Act, to redefine "full-time employee," for purposes of the mandate requiring employers to provide health care coverage for their employees, as an employee who is employed on average at least 40 hours of service a week (currently, at least 30 hours of service a week). Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to declare that for any month that an individual is entitled to unemployment compensation (UC) he or she shall be deemed to have engaged in substantial gainful activity and so be disqualified from receiving Social Security disability benefits after a certain period has elapsed. States that, for purposes of determining services rendered by an individual during a period of trial work which will not disqualify the individual for disability benefits, the individual shall be deemed to have rendered services in a month if he or she is entitled to UC or trade adjustment assistance for that month. Amends the IRC to require taxpayers who are claiming the refundable portion of the child tax credit to include their Social Security numbers on their tax returns..

GROWTH Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Young Adults Financial Literacy Act''. SEC. 2. FINDINGS. The Congress find as follows: (1) Eighty percent of parents believe schools are teaching money management and budgeting, while over 70 percent of teachers are not teaching financial literacy. (2) Most adults feel that their financial literacy skills are inadequate, yet they do not rely on anyone else to handle their finances; they feel it is important to know more but have received no financial education. (3) It is necessary to respond immediately to the pressing needs of individuals faced with the loss of their financial stability, however increased attention must also be paid to financial literacy education reform and long-term solutions to prevent future personal financial disasters. (4) There is an urgent need to respond to the economic crisis with research-based financial literacy education programs to reach individuals at all ages and socioeconomic levels, particularly those facing unique and challenging financial situations, such as high school graduates entering the workforce, soon-to-be and recent college graduates, young families, and the unique needs of military personnel and their families. (5) More than 70 percent of parents say they have spoken with their teens about credit and using credit cards wisely, while less than 44 percent of the teenaged children of those respondents say their parents have talked to them about credit cards. (6) Seventy-six percent of parents surveyed said their high school student does not have a budget. (7) The average credit card debt among graduate students who carry cards is $7,831 per student, an increase of 59 percent over 1998's average debt of $4,925. (8) Young adults between 20 and 24 represent the fastest growing segment of bankruptcy filings; in fact, more people filed for bankruptcy in 2004 than graduated from college. (9) Credit card debt among young adults between the ages of 25 and 34 has increased 55 percent, while credit card debt among the youngest adults, between 18 and 24, has skyrocketed 104 percent since 1982. (10) In April of 2009, the Comptroller General testified to the Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia, of the Committee on Homeland Security and Governmental Affairs of the Senate that ``In 2006, we reported that the [Financial Literacy and Education] Commission's National Strategy for Financial Literacy was a useful first step in focusing attention on financial literacy but largely was descriptive rather than strategic. . . . However, to date the Commission has not incorporated the other elements we recommended. . . . For the most part, these revisions have consisted of newly developed `calls to action' and have not represented a fundamental shift in approach that incorporates specific recommendations on roles, funding, and activities.''. SEC. 3. GRANT PROGRAM TO FUND THE ESTABLISHMENT OF CENTERS OF EXCELLENCE IN FINANCIAL LITERACY EDUCATION. (a) In General.--The Secretary of the Treasury, acting through the Assistant Secretary for Financial Institutions and the Deputy Assistant Secretary for Financial Education and in consultation with the Secretary of Education and the Financial Literacy and Education Commission established under the Financial Literacy and Education Improvement Act, may make competitive grants to and enter into contracts with eligible institutions to establish centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young adults and families ages 15-24 years old. (b) Authorized Activities.--Activities authorized to be funded by grants made under subsection (a) shall include the following: (1) Developing and implementing comprehensive research based financial literacy education programs for young adults ages 15-24 which can be incorporated into educational settings through existing academic content areas. (2) Targeting programs based on a set of educational expectations, pre- and post-education assessment tools, effective training programs for educators, and materials that appropriately serve various segments of young adult and family populations, particularly minority and disadvantaged individuals. (3) Aligning financial literacy education programs to a set of core competencies and concepts, including goal setting; planning; budgeting; managing money or transactions; tools and structures; behaviors; consequences; saving, both long- and short-term; managing debt and earning. (4) Designing instructional materials using evidence-based content for young families and related outreach activities to address unique life situations and financial pitfalls such as bankruptcy, foreclosure, credit card misuse, and predatory lending. (5) Developing and supporting the delivery of professional development programs in financial literacy education that are research-based, on-going and collaborative to assure competence and accountability in the delivery system, including recognition of achievement and competence within existing systems for educators and instructors. (6) Improving access to financial literacy education programs for young adults and families by collaborating with financial institutions to disseminate information and awareness of the importance of financial literacy education. (7) Reducing student loan default rates by developing programs to help individuals better understand how to manage educational debt through sustained educational programs for college students in partnership with non-profit associations. (8) Conducting on-going research and evaluation to assure learning of defined skills and knowledge, and retention of learning. (9) Developing research-based assessment and accountability of the appropriate applications of learning over short and long terms. (c) Priority for Certain Applications.--The Secretary shall give a priority to applications that-- (1) provide clear definitions of financial literacy and financially literate to clarify educational outcomes; (2) establish parameters for identifying the types of programs that most effectively reach young adults and families in unique life situations, specifically individuals in ages 15- 24 years old; (3) include content that is appropriate to age and socioeconomic levels; (4) develop programs based on educational standards, definitions, and research; (5) include individual goals of financial independence and stability; and (6) establish professional development and delivery systems using evidence-based practices. (d) Application and Evaluation Standards and Procedures, Distribution Criteria.--The Secretary shall, by regulation and order, establish application and evaluation standards and procedures, distribution criteria, and such other forms, standards, definitions, and procedures as the Secretary determines to be appropriate. (e) Minimum and Maximum Amount of Any Grant.--No grant under this section may be for an amount less than $2,000,000 or more than $5,000,000. (f) Definitions.--For purposes of this Act the following definitions shall apply: (1) Eligible institution.--The term ``eligible institution'' means any partnership consisting of an institution of higher education and any of the following which meets such requirements for eligibility as the Secretary of the Treasury and the Secretary of Education may jointly prescribe by regulation: (A) One or more local educational agencies. (B) A nonprofit agency, organization, or association. (C) A community-based organization. (D) A financial institution. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury, unless the context specifically refers to the Secretary of Education. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary $55,000,000 for each of fiscal years 2012 through 2016 for carrying out this Act. SEC. 5. REGULATIONS. In addition to regulations prescribed under section 3(d), the Secretary may prescribe such regulations as may be necessary to carry out this Act.

Young Adults Financial Literacy Act - Authorizes the Secretary of the Treasury to make competitive grants to, and enter contracts with, eligible institutions to establish centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young adults and families ages 15-24 years old. Defines "eligible institution" as any partnership consisting of an institution of higher education and any of the following: (1) one or more local educational agencies; (2) a nonprofit agency, organization, or association; (3) a community-based organization; or (4) a financial institution.

To establish a grant program in the Department of the Treasury to fund the establishment of centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young adults and families ages 15-24 years old, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``Savanna's Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) On some reservations, Indian women are murdered at more than 10 times the national average. (2) American Indians and Alaska Natives are 2.5 times as likely to experience violent crimes--and at least 2 times more likely to experience rape or sexual assault crimes--compared to all other races according to the National Congress of American Indians. (3) More than 4 in 5 American Indian and Alaska Native women, or 84.3 percent, have experienced violence in their lifetime according to the National Institute of Justice. (4) More than 4 in 5 American Indian and Alaska Native men, or 81.6 percent, have experienced violence in their lifetime according to the National Institute of Justice. (5) According to the Centers for Disease Control and Prevention, homicide is the third leading cause of death among American Indian and Alaska Native women between 10 and 24 years of age and the fifth leading cause of death for American Indian and Alaska Native women between 25 and 34 years of age. (6) Investigation into cases of missing and murdered Indian women is made difficult for Tribal law enforcement agencies due to a lack of resources, such as-- (A) necessary training, equipment, or funding; (B) a lack of interagency cooperation; and (C) a lack of appropriate laws in place. (7) The complicated jurisdictional scheme that exists in Indian country-- (A) has a significant negative impact on the ability to provide public safety to Indian communities; (B) has been increasingly exploited by criminals; and (C) requires a high degree of commitment and cooperation among Tribal, Federal, and State law enforcement officials. (b) Purposes.--The purposes of this Act are-- (1) to clarify the responsibilities of Federal, State, Tribal, and local law enforcement agencies with respect to responding to cases of missing and murdered Indians; (2) to increase coordination and communication among Federal, State, Tribal, and local law enforcement agencies, including medical examiner and coroner offices; (3) to empower Tribal governments with the resources and information necessary to effectively respond to cases of missing and murdered Indians; and (4) to increase the collection of data related to missing and murdered Indian men and women and the sharing of information among Federal, State, and Tribal officials responsible for responding to and investigating cases of missing and murdered Indians. SEC. 3. DEFINITIONS. In this Act: (1) Databases.--The term ``databases'' means-- (A) the National Crime Information Center database; (B) the Combined DNA Index System; (C) the Next Generation Identification System; and (D) any other database relevant to responding to cases of missing and murdered Indians, including that under the Violent Criminal Apprehension Program and the National Missing and Unidentified Persons System. (2) Indian.--The term ``Indian'' means a member of an Indian Tribe. (3) Indian country.--The term ``Indian country'' has the meaning given the term in section 1151 of title 18, United States Code. (4) Indian land.--The term ``Indian land'' means-- (A) Indian lands, as defined in section 3 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4302); and (B) land owned by a Regional Corporation or Village Corporation, as such terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (5) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term ``Indian tribe'' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (6) Law enforcement agency.--The term ``law enforcement agency'' means a Tribal, Federal, State, or local law enforcement agency. SEC. 4. IMPROVING TRIBAL ACCESS TO DATABASES. (a) Tribal Enrollment Information.--The Attorney General shall provide training to law enforcement agencies regarding how to record the Tribal enrollment information or affiliation, as appropriate, of a victim in Federal databases. (b) Consultation.-- (1) Consultation.--Not later than 180 days after the date of enactment of this Act, the Attorney General, in cooperation with the Secretary of the Interior, shall complete a formal consultation with Indian Tribes on how to further improve Tribal data relevance and access to databases. (2) Annual consultation.--Section 903(b) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20126) is amended-- (A) by striking paragraph (2) and inserting the following: ``(2) enhancing the safety of Indian women from domestic violence, dating violence, sexual assault, homicide, stalking, and sex trafficking;''; (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(4) improving access to local, regional, State, and Federal crime information databases and criminal justice information systems.''. (c) Notification.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall-- (1) develop and implement a dissemination strategy to notify United States citizens of the National Missing and Unidentified Persons System; and (2) conduct specific outreach to Indian Tribes regarding the ability to publicly enter information, through the National Missing and Unidentified Persons System or other non-law enforcement sensitive portal, regarding missing persons, which may include family members and other known acquaintances. SEC. 5. GUIDELINES FOR RESPONDING TO CASES OF MISSING AND MURDERED INDIANS. (a) In General.--Not later than 180 days after the date on which the consultation described in section 4(b)(1) is completed, the Attorney General shall direct United States attorneys with jurisdiction to prosecute crimes in Indian country under sections 1152 and 1153 of title 18, United States Code, or any other provision of law, as part of the annual consultations on sexual violence by United States attorneys with Indian Tribes and Federal partners, to develop guidelines to respond to cases of missing and murdered Indians that shall include-- (1) guidelines on inter-jurisdictional cooperation among law enforcement agencies at the Tribal, Federal, State, and local levels, including inter-jurisdictional enforcement of protection orders and detailing specific responsibilities of each law enforcement agency; (2) best practices in conducting searches for missing persons on Indian land; (3) standards on the collection, reporting, and analysis of data and information on missing persons and unidentified human remains, and information on culturally appropriate identification and handling of human remains identified as Indian, including guidance stating that all appropriate information related to missing and murdered Indians be entered in a timely manner into applicable databases; (4) guidance on which law enforcement agency is responsible for inputting information into appropriate databases under paragraph (3) if the Tribal law enforcement agency does not have access to those appropriate databases; (5) guidelines on improving law enforcement agency response rates and follow-up responses to cases of missing and murdered Indians; and (6) guidelines on ensuring access to culturally appropriate victim services for victims and their families. (b) Consultation.--United States attorneys shall develop the guidelines required under subsection (a) in consultation with Indian Tribes and other Federal partners, including-- (1) the Department of Justice; (2) the Federal Bureau of Investigation; (3) the Bureau of Indian Affairs; (4) Tribal, State, and local law enforcement agencies; (5) medical examiners; (6) coroners; and (7) Tribal, State, and local organizations that provide victim services. (c) Compliance.-- (1) In general.--Not later than 60 days after the next sexual violence response annual consultation occurs in each region after the date of enactment of this Act, the United States attorneys shall modify the sexual violence response guidelines to incorporate the guidelines developed under subsection (a) and implement such modified guidelines. (2) Modification.--Each Federal law enforcement agency shall modify the guidelines, policies, and protocols of the agency to incorporate the guidelines developed under subsection (a). (3) Determination.--Not later than the end of each fiscal year beginning after the date the guidelines are established under this section and incorporated under this subsection, the Attorney General shall determine whether each Tribal, State, and local law enforcement agency has incorporated guidelines into their respective guidelines, policies, and protocols. (4) Preference.--For each of fiscal years 2019 through 2023, for the fiscal year in which a grant was solicited, the Attorney General shall give affirmative preference to all National Institute of Justice and Office for Victims of Crime discretionary grant applications of a Tribal, State, or local law enforcement agency, or applications submitted on behalf of such law enforcement agencies by a local, State, or Tribal government, if the Attorney General has determined under paragraph (3) that the agency has incorporated the guidelines. (d) Accountability.--Not later than 30 days after compliance determinations are made each fiscal year in accordance with subsection (c)(3), the Attorney General shall-- (1) disclose and publish, including on the website of the Department of Justice, the name of each Tribal, State, or local law enforcement agency that the Attorney General has determined has not incorporated guidelines in accordance with subsection (c)(3); and (2) if a law enforcement agency described in paragraph (1) subsequently receives a determination of compliance, the Attorney General shall-- (A) immediately correct the applicable record; and (B) not later than 3 days after the determination, remove the record from the website of the Department of Justice and any other location where the record was published. (e) Training and Technical Assistance.--The Attorney General shall use the National Indian Country Training Initiative to provide training and technical assistance to Indian Tribes and law enforcement agencies on-- (1) implementing the guidelines developed under subsection (a) or developing and implementing locally specific guidelines or protocols for responding to cases of missing and murdered Indians; and (2) using the National Missing and Unidentified Persons System and accessing program services that will assist Indian Tribes with responding to cases of missing and murdered Indians. SEC. 6. ANNUAL REPORTING REQUIREMENTS. (a) Annual Reporting.--Beginning in the first fiscal year after the date of enactment of this Act, the Attorney General shall include in its annual Indian Country Investigations and Prosecutions report to Congress information that-- (1) includes known statistics on missing Indians in the United States, available to the Department of Justice, including-- (A) age; (B) gender; (C) Tribal enrollment information or affiliation, if available; (D) the current number of open cases per State; (E) the total number of closed cases per State each calendar year, from the most recent 10 calendar years; and (F) other relevant information the Attorney General determines is appropriate; (2) includes known statistics on murdered Indians in the United States, available to the Department of Justice, including-- (A) age; (B) gender; (C) Tribal enrollment information or affiliation, if available; (D) the current number of open cases per State; (E) the total number of closed cases per State each calendar year, from the most recent 10 calendar years; and (F) other relevant information the Attorney General determines is appropriate; (3) maintains victim privacy to the greatest extent possible by excluding information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context; and (4) includes-- (A) an explanation of why the statistics described in paragraph (1) may not be comprehensive; and (B) recommendations on how data collection on missing and murdered Indians may be improved. (b) Compliance.-- (1) In general.--Beginning in the first fiscal year after the date of enactment of this Act, and annually thereafter, for the purpose of compiling accurate data for the annual report required under subsection (a), the Attorney General shall request all Tribal, State, and local law enforcement agencies to submit to the Department of Justice, to the fullest extent possible, all relevant information required, as determined by the Attorney General. (2) Disclosure.--The Attorney General shall disclose and publish annually, including on the website of the Department of Justice, the name of each Tribal, State, or local law enforcement agency that the Attorney General has determined has not submitted the information requested under paragraph (1) for the fiscal year in which the report was published. (3) Preference.--For each of fiscal years 2019 through 2023, for the fiscal year in which a grant was solicited, the Attorney General shall give affirmative preference to all Department of Justice discretionary grant applications of a Tribal, State, or local law enforcement agency, or applications submitted on behalf of such law enforcement agencies by a local, State, or Tribal government, that would aid in the implementation of the guidelines developed under section 5 or help address the issue of missing and murdered Indians, if the Attorney General has determined the agency has submitted the information requested under paragraph (1) for the fiscal year in which the report was published. (c) Inclusion of Gender in Missing and Unidentified Persons Statistics.--Beginning in the first calendar year after the date of enactment of this Act, and annually thereafter, the Federal Bureau of Investigation shall include gender in its annual statistics on missing and unidentified persons published on its public website. Passed the Senate December 6, 2018. Attest: Secretary. 115th CONGRESS 2d Session S. 1942 _______________________________________________________________________ AN ACT To direct the Attorney General to review, revise, and develop law enforcement and justice protocols appropriate to address missing and murdered Indians, and for other purposes.

Savanna's Act This bill requires the Department of Justice (DOJ) to update the online data entry format for federal databases relevant to cases of missing and murdered Indians to include a new data field for users to input the victim's tribal enrollment information or affiliation. In addition, DOJ must: make standardized law enforcement and justice protocols that serve as guidelines for law enforcement agencies with respect to missing and murdered Indians, develop protocols to investigate those cases that are guided by the standardized protocols, meet certain requirements to consult with Indian tribes, and provide tribes and law enforcement agencies with training and technical assistance relating to the development and implementation of the law enforcement and justice protocols. Federal law enforcement agencies that investigate and prosecute crimes related to missing and murdered Indians must modify their law enforcement and justice protocols to comply with the standardized protocols.

Savanna’s Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Green Jobs and Infrastructure Act of 2009''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I--CLEAN TECHNOLOGY MANUFACTURING INCENTIVE PROGRAM Sec. 101. Clean technology manufacturing incentive program. TITLE II--ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM Sec. 201. Advanced technology vehicles manufacturing incentive program. TITLE III--ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS Sec. 301. Energy efficiency and conservation block grants. TITLE IV--GREEN ENERGY JOBS Sec. 401. Clean Energy Service Corps. Sec. 402. Green jobs. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Energy. TITLE I--CLEAN TECHNOLOGY MANUFACTURING INCENTIVE PROGRAM SEC. 101. CLEAN TECHNOLOGY MANUFACTURING INCENTIVE PROGRAM. (a) Loans.--The Secretary shall provide loans to manufacturers to help finance the cost of-- (1) reequipping, expanding, or establishing (including applicable engineering costs) a manufacturing facility in the United States to produce clean technology products and the significant component parts of those products, including-- (A) wind turbines; (B) solar energy products; (C) fuel cells; (D) advanced batteries and storage devices; (E) biomass engines; (F) geothermal equipment; (G) ocean energy equipment; (H) carbon capture and storage; (I) energy efficiency products, including appliances and products that are used to increase energy efficiency by at least 30 percent over a baseline product (and significant components of the appliances and products), subject to the condition that the parts shall be integral to the overall efficiency of the end product; and (J) products for retrofitting a manufacturing facility to improve industrial processes and create greater energy efficiency through the use of technologies, including-- (i) combined heat and power systems; (ii) natural gas pressure recovery; (iii) advanced cogeneration; (iv) gasification; (v) anaerobic digestion; and (vi) landfill gas recovery; and (2) improving the energy-efficiency of the industrial processes of the manufacturers other than through the production of products and component parts described in paragraph (1)(J). (b) Period of Availability.--A loan under subsection (a) shall apply to-- (1) facilities and equipment placed in service before December 30, 2012; and (2) clean technology retooling costs, retrofitting costs, worker training costs, and other costs described in subsection (a) incurred during the period beginning on the date of enactment of this Act and ending on December 30, 2020. (c) Direct Loan Program.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, subject to the availability of appropriated funds, the Secretary shall carry out a program to provide a total of not more than $50,000,000,000 in loans to eligible individuals and entities (as determined by the Secretary) for the costs of activities described in subsection (a). (2) Application.--An applicant for a loan under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a written assurance that the wages and benefits that will be provided to each individual that is employed by the applicant (including a contractor or subcontractor) in carrying out activities described in subsection (a) are at least equal to the average in the area, as determined by the Secretary. (3) Selection of eligible projects.--The Secretary shall select eligible projects to receive loans under this subsection in cases in which, as determined by the Secretary, the loan recipient-- (A) has a viable market for the product or component described in subsection (a); (B) will provide sufficient information to the Secretary for the Secretary to ensure that the qualified investment is expended efficiently and effectively; (C) will provide such information as the Secretary may request to demonstrate that the qualified investment will preserve or create jobs; and (D) has met such other criteria as may be established and published by the Secretary. (4) Rates, terms, and repayment of loans.--A loan provided under this subsection-- (A) shall have an interest rate that, as of the date on which the loan is made, is equal to the cost of funds to the Department of the Treasury for obligations of comparable maturity; (B) shall have a term equal to the lesser of-- (i) the projected life, in years, of the eligible project to be carried out using funds from the loan, as determined by the Secretary; and (ii) 25 years; (C) may be subject to a deferral in repayment for not more than 5 years after the date on which the eligible project carried out using funds from the loan first begins operations, as determined by the Secretary; (D) shall be made by the Federal Financing Bank; and (E) shall be repaid in full if the loan recipient moves production of activities described in subsection (a) outside of the United States during the term of the loan. (5) Fees.--Administrative costs shall be no more than $100,000 or 10 basis point of the loan. (d) Priority.--In making loans to manufacturers under this section, the Secretary-- (1) shall give priority to those facilities that are located in regions with the highest unemployment rates; and (2) may provide awards or loan to facilities that are idle. (e) Manufacturing Extension Partnership Program.--In carrying out this section, the Secretary shall coordinate with the Secretary of Commerce in carrying out the Manufacturing Extension Partnership program established under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k, 278l). (f) Funding.-- (1) In general.--Notwithstanding any other provision of law, not later than 30 days after the date of enactment of this Act, on October 1, 2009, and on each October 1 thereafter through October 1, 2012, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary for the cost of loans and loan guarantees to carry out this section such sums as are necessary to provide the amount of loans authorized under subsection (c)(1), to remain available until expended. (2) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation. TITLE II--ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM SEC. 201. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM. Section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) is amended-- (1) in subsection (b), by striking ``30 percent'' and inserting ``80 percent''; and (2) in subsection (i)-- (A) by striking ``(i) Authorization of Appropriations.--There'' and inserting the following: ``(i) Funding.-- ``(1) Authorization of appropriations.--There''; and (B) by adding at the end the following: ``(2) Mandatory funding.-- ``(A) In general.--Notwithstanding any other provision of law, not later than 30 days after the date of enactment of this paragraph, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary for the cost of awards and loans to carry out this section $1,000,000,000, to remain available until expended. ``(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under subparagraph (A), without further appropriation.''. TITLE III--ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS SEC. 301. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS. Section 548 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17158) is amended by striking subsection (a) and inserting the following: ``(a) Mandatory Funding.-- ``(1) In general.--Not later than 30 days after the date of enactment of the Green Jobs and Infrastructure Act of 2009, on October 1, 2009, and on each October 1 thereafter through October 1, 2011, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out the program $10,000,000,000, to remain available until expended. ``(2) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out the program the funds transferred under paragraph (1), without further appropriation. ``(3) Allocation of grants funds.--Of the amount of funds made available for grants under the program for a fiscal year under this subsection-- ``(A) 49 percent of the amount shall be distributed using the definition of eligible unit of local government-alternative 1 in section 541(3)(A); and ``(B) 49 percent of the amount shall be distributed using the definition of eligible unit of local government-alternative 2 in section 541(3)(B).''. TITLE IV--GREEN ENERGY JOBS SEC. 401. CLEAN ENERGY SERVICE CORPS. Section 122(a) of the National and Community Service Act of 1990 (42 U.S.C. 12572(a)) is amended-- (1) by redesignating paragraph (15) as paragraph (16); and (2) by inserting after paragraph (14) the following: ``(15) A Clean Energy Service Corps program in which-- ``(A) participants-- ``(i) encourage or promote clean energy technologies; or ``(ii) enable communities and nonprofit organizations to assist business owners and households in matters relating to clean energy technologies, and in becoming more energy efficient; and ``(B) priority is provided for programs that enroll corps participants who will be trained for careers that promote a sustainable economy.''. SEC. 402. GREEN JOBS. Section 171(e)(8) of the Workforce Investment Act of 1998 (29 U.S.C. 2916(e)(8)) is amended-- (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting appropriately; and (2) by striking ``(8)'' and all that follows through ``of which--'' and inserting the following: ``(8) Funding.-- ``(A) Mandatory funding.-- ``(i) In general.--Not later than 30 days after the date of enactment of the Green Jobs and Infrastructure Act of 2009, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $625,000,000, to remain available until expended. ``(ii) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under clause (i), without further appropriation. ``(B) Discretionary funding.--There is authorized to be appropriated to carry out this subsection $125,000,000 for fiscal year 2010 and each subsequent fiscal year. ``(C) Allocation.--Of the amount available under subparagraph (A) or (B) for a fiscal year--''.

Green Jobs and Infrastructure Act of 2009 - Requires the Secretary of Energy (Secretary) to provide loans to manufacturers to help finance the cost of: (1) re-equipping, expanding, or establishing (including applicable engineering costs) a manufacturing facility in the United States to produce clean technology products and the significant component parts of those products; and (2) improving the energy efficiency of the industrial processes of the manufacturers other than through the production of products and component parts. Applies such loans to: (1) facilities and equipment placed in service before December 30, 2012; and (2) costs that were incurred from this Act's enactment to December 30, 2020. Requires the Secretary to: (1) implement a program to provide up to $50 billion in loans to eligible individuals and entities for such costs; and (2) give priority to those facilities that are located in regions with the highest unemployment rates. Authorizes the Secretary to provide awards or loans to facilities that are idle. Amends the Energy Independence and Security Act of 2007 to: (1) increase from 30% to 80% the portion of the manufacturing facility and engineering integration costs to be awarded under the advanced technology vehicles manufacturing incentive program; (2) require the Secretary of the Treasury to transfer $1 billion to carry out such program; and (3) require the Secretary of the Treasury to transfer $10 billion on October 1 of 2009, 2010, and 2011 to carry out the Energy Efficiency and Conservation Block Grants program (specifies how such funds are to be allocated). Amends the National and Community Service Act of 1990 to include a Clean Energy Service Corps program among the types of national service programs eligible for assistance under such Act. Amends the Workforce Investment Act to require the Secretary of the Treasury to transfer $625 million to carry out the energy efficiency and renewable energy worker training program.

A bill to promote economic recovery through green jobs and infrastructure, and for other purposes.

on the Budget.--The last sentence of section 301(a) of the Congressional Budget Act of 1974 is amended by inserting before the period the following: ``, but shall separately set forth an estimate of benefit payments under the old-age, survivors, and disability insurance programs under title II of the Social Security Act for the fiscal year and each of the two ensuing fiscal years''. (b) Protection of OASDI Trust Funds.--Section 13302 of the Budget Enforcement Act of 1990 is amended by inserting at the end the following: ``(d) Point of Order.--It shall not be in order in the House of Representatives to consider any bill or joint resolution, as reported, amendment, or conference report the enactment of which would provide an appropriation for a fiscal year for the expenses of administering the old-age, survivors, and disability insurance programs under title II of the Social Security Act in excess of 1.5 percent of the estimate of benefit payments under those programs for that fiscal year set forth in the most recently agreed to concurrent resolution on the budget.''. SEC. 3. TECHNICAL CORRECTIONS RELATED TO OASDI IN THE OMNIBUS BUDGET RECONCILIATION ACT OF 1990. (a) Amendments Related to Provisions in Section 5103(b) Relating to Disabled Widows.--Section 223(f)(2) of the Social Security Act (42 U.S.C. 423(f)(2)) is amended-- (1) in subparagraph (A), by striking ``(in a case to which clause (ii)(II) does not apply)''; and (2) by striking subparagraph (B)(ii) and inserting the following: ``(ii) the individual is now able to engage in substantial gainful activity; or''. (b) Amendments Related to Provisions in Section 5105(d) Relating to Representative Payees.--Section 5105(d)(1)(A) of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508) is amended-- (1) by striking ``Section 205(j)(5)'' and inserting ``Section 205(j)(6)''; and (2) by redesignating the paragraph (5) as amended thereby as paragraph (6). (c) Amendments Related to Provisions in Section 5106 Relating to Coordination of Rules Under Titles II and XVI Governing Fees for Representatives of Claimants With Entitlements Under Both Titles.-- (1) Calculation of fee of claimant's representative based on amount of past-due supplemental security income benefits after application of windfall offset provision.--Section 1631(d)(2)(A)(i) of the Social Security Act (as amended by section 5106(a)(2) of the Omnibus Budget Reconciliation Act of 1990) (42 U.S.C. 1383(d)(2)(A)(i)) is amended to read as follows: ``(i) by substituting, in subparagraphs (A)(ii)(I) and (C)(i), the phrase `(as determined before any applicable reduction under section 1631(g), and reduced by the amount of any reduction in benefits under this title or title II made pursuant to section 1127(a))' for the parenthetical phrase contained therein; and''. (2) Calculation of past-due benefits for purposes of determining attorney fees in judicial proceedings.-- (A) In general.--Section 206(b)(1) of such Act (42 U.S.C. 406(b)(1)) is amended-- (i) by inserting ``(A)'' after ``(b)(1)''; and (ii) by adding at the end the following new subparagraph: ``(B) For purposes of this paragraph-- ``(i) the term `past-due benefits' excludes any benefits with respect to which payment has been continued pursuant to subsection (g) or (h) of section 223, and ``(ii) amounts of past-due benefits shall be taken into account to the extent provided under the rules applicable in cases before the Secretary.''. (B) Protection from offsetting ssi benefits.--The last sentence of section 1127(a) of such Act (as added by section 5106(b) of the Omnibus Budget Reconciliation Act of 1990) (42 U.S.C. 1320a-6(a)) is amended by striking ``section 206(a)(4)'' and inserting ``subsection (a)(4) or (b) of section 206''. (3) Application of single dollar amount ceiling to concurrent claims under titles ii and xvi.-- (A) In general.--Section 206(a)(2) of such Act (as amended by section 5106(a)(1) of the Omnibus Budget Reconciliation Act of 1990) (42 U.S.C. 406(a)(2)) is amended-- (i) by redesignating subparagraph (C) as subparagraph (D); and (ii) by inserting after subparagraph (B) the following new subparagraph: ``(C) In any case involving-- ``(i) an agreement described in subparagraph (A) with any person relating to both a claim of entitlement to past-due benefits under this title and a claim of entitlement to past- due benefits under title XVI, and ``(ii) a favorable determination made by the Secretary with respect to both such claims, the Secretary may approve such agreement only if the total fee or fees specified in such agreement does not exceed, in the aggregate, the dollar amount in effect under subparagraph (A)(ii)(II).''. (B) Conforming amendment.--Section 206(a)(3)(A) of such Act (as amended by section 5106(a)(1) of the Omnibus Budget Reconciliation Act of 1990) (42 U.S.C. 406(a)(3)(A)) is amended by striking ``paragraph (2)(C)'' and inserting ``paragraph (2)(D)''. (d) Amendment Related to Provisions in Section 5115 Relating to Advance Tax Transfers.--Section 201(a) of the Social Security Act (42 U.S.C. 401(a)) is amended in the last sentence by striking ``and'' the second place it appears. SEC. 4. EFFECTIVE DATE. (a) Sections 1 and 2.--The amendments made by sections 1 and 2 shall apply to fiscal year 1994 and subsequent fiscal years. (b) Section 3.--Each amendment made by section 3 shall take effect as if included in the provisions of the Omnibus Budget Reconciliation Act of 1990 to which such amendment relates.

Amends the Omnibus Budget Reconciliation Act of 1990 to exclude the administrative expenses of the old-age, survivors and disability insurance programs from Federal budget calculations. Exempts such expenses from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Makes technical and related corrections to the Congressional Budget Act of 1974, Social Security Act and the Omnibus Budget Reconciliation Act of 1990.

To amend the Omnibus Budget Reconciliation Act of 1990 to clarify that the expenses of administering the Old Age, Survivors and Disability Insurance programs are not included in the budget of the United States Government, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restrict and Eliminate the Delivery of Unsolicited Commercial Electronic Mail or Spam Act of 2003'' or the ``REDUCE Spam Act of 2003''. SEC. 2. DEFINITIONS. In this Act: (1) Commercial electronic mail message.-- (A) In general.--The term ``commercial electronic mail message'' means any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose). (B) Reference to company or website.--The inclusion of a reference to a commercial entity or a link to the website of a commercial entity in an electronic mail message does not, by itself, cause such message to be treated as a commercial electronic mail message for purposes of this Act if the contents or circumstances of the message indicate a primary purpose other than commercial advertisement or promotion of a commercial product or service. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Electronic mail address.-- (A) In general.--The term ``electronic mail address'' means a destination (commonly expressed as a string of characters) to which an electronic mail message can be sent or delivered. (B) Inclusion.--In the case of the Internet, the term ``electronic mail address'' may include an electronic mail address consisting of a user name or mailbox (commonly referred to as the ``local part'') and a reference to an Internet domain (commonly referred to as the ``domain part''). (4) FTC act.--The term ``FTC Act'' means the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (5) Header information.--The term ``header information'' means the source, destination, and routing information attached to an electronic mail message, including the originating domain name and originating electronic mail address. (6) Initiate.--The term ``initiate'', when used with respect to a commercial electronic mail message, means to originate such message or to procure the transmission of such message, either directly or through an agent, but shall not include actions that constitute routine conveyance of such message by a provider of Internet access service. For purposes of this Act, more than 1 person may be considered to have initiated the same commercial electronic mail message. (7) Internet.--The term ``Internet'' has the meaning given that term in section 231(e)(3) of the Communications Act of 1934 (47 U.S.C. 231(e)(3)). (8) Internet access service.--The term ``Internet access service'' has the meaning given that term in section 231(e)(4) of the Communications Act of 1934 (47 U.S.C. 231(e)(4)). (9) Pre-existing business relationship.-- (A) In general.--The term ``pre-existing business relationship'', when used with respect to a commercial electronic mail message, means that either-- (i) within the 5-year period ending upon receipt of a commercial electronic mail message, there has been a business transaction between the sender and the recipient, including a transaction involving the provision, free of charge, of information, goods, or services requested by the recipient and the recipient was, at the time of such transaction or thereafter, provided a clear and conspicuous notice of an opportunity not to receive further commercial electronic mail messages from the sender and has not exercised such opportunity; or (ii) the recipient has given the sender permission to initiate commercial electronic mail messages to the electronic mail address of the recipient and has not subsequently revoked such permission. (B) Applicability.--If a sender operates through separate lines of business or divisions and holds itself out to the recipient as that particular line of business or division, then such line of business or division shall be treated as the sender for purposes of subparagraph (A). (10) Recipient.--The term ``recipient'', when used with respect to a commercial electronic mail message, means the addressee of such message. (11) Sender.--The term ``sender'', when used with respect to a commercial electronic mail message, means the person who initiates such message. The term ``sender'' does not include a provider of Internet access service whose role with respect to electronic mail messages is limited to handling, transmitting, retransmitting, or relaying such messages. (12) Unsolicited commercial electronic mail message.--The term ``unsolicited commercial electronic mail message'' means any commercial electronic mail message that-- (A) is not a transactional or relationship message; and (B) is sent to a recipient without the recipient's prior affirmative or implied consent. SEC. 3. COMMERCIAL ELECTRONIC MAIL CONTAINING FRAUDULENT HEADER OR ROUTING INFORMATION. (a) In General.--Chapter 63 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1351. Unsolicited commercial electronic mail containing fraudulent header information ``(a) Any person who initiates the transmission of any unsolicited commercial electronic mail message, with knowledge and intent that the message contains or is accompanied by header information that is false or materially misleading, shall be fined or imprisoned for not more than 1 year, or both, under this title. ``(b) For purposes of this section, the terms `unsolicited commercial electronic mail message' and `header information' have the meanings given such terms in section 2 of the REDUCE Spam Act of 2003.''. (b) Conforming Amendment.--The chapter analysis at the beginning of chapter 63 of title 18, United States Code, is amended by adding at the end the following: ``1351. Unsolicited commercial electronic mail.''. SEC. 4. REQUIREMENTS FOR UNSOLICITED COMMERCIAL ELECTRONIC MAIL. (a) Subject Line Requirements.--It shall be unlawful for any person to initiate the transmission of an unsolicited commercial electronic mail message to an electronic mail address within the United States, unless the subject line includes-- (1) except in the case of an unsolicited commercial electronic mail message described in paragraph (2)-- (A) an identification that complies with the standards adopted by the Internet Engineering Task Force for identification of unsolicited commercial electronic mail messages; or (B) in the case of the absence of such standards, ``ADV:'' as the first four characters; or (2) in the case of an unsolicited commercial electronic mail message that contains material that may only be viewed, purchased, rented, leased, or held in possession by an individual 18 years of age and older-- (A) an identification that complies with the standards adopted by the Internet Engineering Task Force for identification of adult-oriented unsolicited commercial electronic mail messages; or (B) in the case of the absence of such standards, ``ADV:ADLT'' as the first eight characters. (b) Return Address Requirements.-- (1) Establishment.--It shall be unlawful for any person to initiate the transmission of an unsolicited commercial electronic mail message to an electronic mail address within the United States, unless the sender establishes a valid sender-operated return electronic mail address where the recipient may notify the sender not to send any further commercial electronic mail messages. (2) Included statement.--All unsolicited commercial electronic mail messages subject to this subsection shall include a statement informing the recipient of the valid return electronic mail address referred to in paragraph (1). (3) Prohibition of sending after objection.--Upon notification or confirmation by a recipient of the recipient's request not to receive any further unsolicited commercial electronic mail messages, it shall be unlawful for a person, or anyone acting on that person's behalf, to send any unsolicited commercial electronic mail message to that recipient. Such a request shall be deemed to terminate a pre-existing business relationship for purposes of determining whether subsequent messages are unsolicited commercial electronic mail messages. (c) Header and Subject Heading Requirements.-- (1) False or misleading header information.--It shall be unlawful for any person to initiate the transmission of an unsolicited commercial electronic mail message that such person knows, or reasonably should know, contains or is accompanied by header information that is false or materially misleading. (2) Deceptive subject headings.--It shall be unlawful for any person to initiate the transmission of an unsolicited commercial electronic mail message with a subject heading that such person knows, or reasonably should know, is likely to mislead a recipient, acting reasonably under the circumstances, about a material fact regarding the contents or subject matter of the message. (d) Affirmative Defense.--A person who violates subsection (a) or (b) shall not be liable if-- (1)(A) the person has established and implemented, with due care, reasonable practices and procedures to effectively prevent such violations; and (B) the violation occurred despite good faith efforts to maintain compliance with such practices and procedures; or (2) within the 2-day period ending upon the initiation of the transmission of the unsolicited commercial electronic mail message in violation of subsection (a) or (b), such person initiated the transmission of such message, or one substantially similar to it, to less than 1,000 electronic mail addresses. SEC. 5. ENFORCEMENT. (a) In General.--Section 4 shall be enforced by the Commission under the FTC Act. For purposes of such Commission enforcement, a violation of this Act shall be treated as a violation of a rule under section 18 (15 U.S.C. 57a) of the FTC Act prohibiting an unfair or deceptive act or practice. (b) Rulemaking.--Not later than 30 days after the date of enactment of this Act, the Commission shall institute a rulemaking proceeding concerning enforcement of this Act. The rules adopted by the Commission shall prevent violations of section 4 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 FTC Act were incorporated into and made a part of this section, except that the rules shall also include-- (1) procedures to minimize the burden of submitting a complaint to the Commission concerning a violation of section 4, including procedures to allow the electronic submission of complaints to the Commission; (2) civil penalties for violations of section 4 in an amount sufficient to effectively deter future violations, a description of the type of evidence needed to collect such penalties, and procedures to collect such penalties if the Commission determines that a violation of section 4 has occurred; (3) procedures for the Commission to grant a reward of not less than 20 percent of the total civil penalty collected to the first person that-- (A) identifies the person in violation of section 4; and (B) supplies information that leads to the successful collection of a civil penalty by the Commission; (4) a provision that enables the Commission to keep the remainder of the civil penalty collected and use the funds toward the prosecution of further claims, including for necessary staff or resources; and (5) civil penalties for knowingly submitting a false complaint to the Commission. (c) Regulations.--Not later than 180 days after the date of enactment of this Act, the Commission shall conclude the rulemaking proceeding initiated under subsection (b) and shall prescribe implementing regulations. SEC. 6. PRIVATE RIGHT OF ACTION. (a) Action Authorized.--A recipient of an unsolicited commercial electronic mail message, or a provider of Internet access service, adversely affected by a violation of section 4 may bring a civil action in any district court of the United States with jurisdiction over the defendant to-- (1) enjoin further violation by the defendant; or (2) recover damages in an amount equal to-- (A) actual monetary loss incurred by the recipient or provider of Internet access service as a result of such violation; or (B) at the discretion of the court, the amount determined under subsection (b). (b) Statutory Damages.-- (1) In general.--For purposes of subsection (a)(2)(B), the amount determined under this subsection is the amount calculated by multiplying the number of willful, knowing, or negligent violations by an amount, in the discretion of the court, of up to $10. (2) Per-violation penalty.--In determining the per- violation penalty under this subsection, the court shall take into account the degree of culpability, any history of prior such conduct, ability to pay, the extent of economic gain resulting from the violation, and such other matters as justice may require. (c) Attorney Fees.--In any action brought pursuant to subsection (a), the court may, in its discretion, require an undertaking for the payment of the costs of such action, and assess reasonable costs, including reasonable attorneys' fees, against any party. SEC. 7. INTERNET ACCESS SERVICE PROVIDERS. Nothing in this Act shall be construed-- (1) to enlarge or diminish the application of chapter 121 of title 18, relating to when a provider of Internet access service may disclose customer communications or records; (2) to require a provider of Internet access service to block, transmit, route, relay, handle, or store certain types of electronic mail messages; (3) to prevent or limit, in any way, a provider of Internet access service from adopting a policy regarding commercial electronic mail messages, including a policy of declining to transmit certain types of commercial electronic mail messages, or from enforcing such policy through technical means, through contract, or pursuant to any other provision of Federal, State, or local criminal or civil law; or (4) to render lawful any such policy that is unlawful under any other provision of law. SEC. 8. EFFECT ON OTHER LAWS. Nothing in this Act shall be construed to impair the enforcement of section 223 or 231 of the Communications Act of 1934 (47 U.S.C. 223 or 231), chapter 71 (relating to obscenity) or 110 (relating to sexual exploitation of children) of title 18, United States Code, or any other Federal criminal statute. SEC. 9. FTC STUDY. Not later than 24 months after the date of enactment of this Act, the Commission, in consultation with appropriate agencies, shall submit a report to Congress that provides a detailed analysis of the effectiveness and enforcement of the provisions of this Act and the need, if any, for Congress to modify such provisions. SEC. 10. STUDY OF POSSIBLE INTERNATIONAL AGREEMENT. Not later than 6 months after the date of enactment of this Act, the President shall-- (1) conduct a study in consultation with the Internet Engineering Task Force on the possibility of an international agreement to reduce spam; and (2) issue a report to Congress setting forth the findings of the study required by paragraph (1). SEC. 11. EFFECTIVE DATE. The provisions of this Act shall take effect 180 days after the date of enactment of this Act, except that subsections (b) and (c) of section 5 shall take effect upon the date of enactment of this Act.

Restrict and Eliminate the Delivery of Unsolicited Commercial Electronic Mail or Spam Act of 2003 or REDUCE Spam Act of 2003 - Amends the Federal criminal code to prohibit the initiation of a transmission of any unsolicited commercial electronic mail (spam) message with the knowledge that such message contains or is accompanied by false or misleading header (identifying) information.Prohibits any person from initiating the transmission of a spam message to an electronic mail (e-mail) address within the United States unless the subject line includes legally compliant identifying information or "ADV" as its first characters for commercial advertisements or "ADV: ADLT" for adult advertisements. Requires a sender to establish a valid sender operated return e-mail address where the recipient may notify the sender not to send further spam. Prohibits: (1) sending spam after notification of the recipient's objection; or (2) including false or misleading header information or deceptive subject headings as part of spam transmissions. Provides: (1) affirmative defenses; and (2) enforcement through the Federal Trade Commission (FTC).Permits a spam recipient or a provider of Internet access service adversely affected by a violation of this Act to bring a civil action. Requires the FTC to submit to Congress a detailed analysis of the effectiveness and enforcement of provisions of this Act and the need, if any, for modifications. Directs the President to study and report to Congress on the possibility of an international agreement to reduce spam.

A bill to reduce unsolicited commercial electronic mail and to protect children from sexually oriented advertisements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Future Educators Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) ESEA definitions.--The terms ``dual or concurrent enrollment program'', ``elementary school'', ``local educational agency'', and ``secondary school'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Certified teacher.--The term ``certified teacher'' means an individual who possesses a document certifying that the individual has met the requirements of a State for employment as a teacher in the public schools of that State. (3) Eligible entity.--The term ``eligible entity'' means a local educational agency (or a consortium of such agencies) partnered with an institution of higher education. (4) Qualified mentor teacher.--The term ``qualified mentor teacher'' means an educator who meets a minimum set of qualification standards as determined by the Secretary. (5) Teaching residency program.--The term ``teaching residency program'' has the meaning given the term in section 200 of the Higher Education Act of 1965 (20 U.S.C. 1021), except that such term shall not include the requirement that the prospective teacher acquire a master's degree not later than 18 months after beginning the program. (6) Rural area.--The term ``rural area'' has the meaning given the term in section 343(a)(13)(A) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(13)(A)). (7) Rural school district.--The term ``rural school district'' means a school district that serves 1 or more schools located in a rural area. (8) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 3. STRENGTHEN-OUR-SCHOOLS GRANT PROGRAM. (a) Strengthen-Our-Schools Grant Program Established.-- (1) Grants authorized.--From amounts appropriated to carry out this section, the Secretary shall establish a Strengthen- Our-Schools Grant Program, through which the Secretary shall award grants, on a competitive basis, to eligible entities. (2) Duration.--A grant awarded under this section-- (A) shall be for a period of 5 years; and (B) may be renewed if the eligible entity demonstrates sufficient positive outcomes and evidence of potential for continued success in achieving the goals of the initial grant. (b) Application and Approval.-- (1) Application.-- (A) In general.--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. (B) Contents.--An application submitted under subparagraph (A) shall-- (i) describe the activities for which assistance under this section is sought; (ii) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this section; and (iii) if seeking support for a teaching residency program, demonstrate that the institution of higher education that is a partner in the eligible entity is approved to prepare candidates for State teaching licensure. (2) Approval.--The Secretary shall approve any application for a program that includes the components described in paragraph (1). (c) Use of Funds.--A recipient of a grant under this section may use the grant fund to help cover the costs associated with-- (1) teaching residency programs, including-- (A) resident tuition; (B) resident salaries; (C) mentor teacher incentives; (D) facilities or infrastructure for a distance learning classroom within the school for onsite coursework and practical learning; and (E) any other purpose that the Secretary determines appropriate. (2) fulfilling additional credit requirements needed for a teacher to become licensed in a second subject area or earn an additional qualification that meets a specific need of the school in which the teacher is employed; (3) fulfilling additional credit requirements needed to qualify teachers to teach dual or concurrent enrollment programs; and (4) housing supplements or special housing programs to support prospective teachers who complete student teaching placements in high-need districts. (d) Priority.--In awarding grants that propose to cover costs associated with teacher residency programs, the Secretary shall give priority to eligible entities that propose to carry out a program designed to prepare the following school employees for teaching licensure: (1) Paraprofessionals. (2) Other employees of the school community employed on the date of the determination. (e) Award Basis.--In awarding grants under this section, the Secretary shall ensure that, to the extent practicable based on the applications received under subsection (b), not less than 10 percent of the grant funds available to carry out this section are designated for uses that address teacher shortage challenges in rural school districts. SEC. 4. NATIONAL DATABASE OF QUALIFIED MENTOR TEACHERS. (a) In General.--The Secretary shall create a national database of qualified mentor teachers who can provide student teacher supervision to participants in teacher preparation programs during their student teaching placement. (b) Database.--Each qualified mentor teacher database entry shall include-- (1) basic information on the educational background and professional experience of the mentor, including details of the subject areas and grade levels the mentor is licensed to teach; (2) a description of the subject areas and grade levels the mentor feels most comfortable mentoring; and (3) a brief teaching philosophy statement. (c) Availability.--The database shall be available as a resource for teacher preparation programs to allow for prospective teachers to complete student teaching in a location outside of the staffing area of the teacher preparation program. SEC. 5. SENSE OF THE SENATE. It is the sense of the Senate that teaching be formally recognized as a career pathway that is part of ``career and technical education'' as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302), allowing early career pathway programs in education, offered at the secondary school level and offering college credit toward pursuing a teaching licensure program, to be eligible for funds available through programs that support career and technical education.

Supporting Future Educators Act of 2017 This bill requires the Department of Education (ED) to establish the Strengthen-Our-Schools Grant Program, which shall award competitive, renewable five-year grants to local education agencies to fund: teaching residency programs, including distance-learning facilities or infrastructure, mentor teacher incentives, resident salaries, and resident tuition; additional credit requirements for a teacher to become licensed in a second subject area or earn an additional qualification that meets a specific need of the school; additional credit requirements needed to qualify teachers to teach dual or concurrent enrollment programs; and housing supplements or special housing programs to support prospective teachers in high-need districts. Not less than 10% of available grant funds shall be directed to programs that address teacher shortages in rural school districts. ED must create a national database of qualified mentor teachers who can provide student-teacher supervision to participants in teacher preparation programs.

Supporting Future Educators Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Office of Rural Education Policy Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The Secretary of Education has recognized that ``[r]ural schools have unique challenges and benefits'', but a recent report by the Rural School and Community Trust refers to the ``paucity of rural education research in the United States''. (2) Rural education is becoming an increasingly large and important part of the United States public school system. According to the Digest of Education Statistics reported annually by the National Center for Education Statistics, the number of students attending rural schools increased by more than 11 percent, from 10,500,000 to nearly 11,700,000, between the 2004-2005 and 2008-2009 school years. The share of the Nation's public school enrollment attending rural schools increased from 21.6 percent to 23.8 percent. In school year 2008-2009, these students attended 31,635 rural schools, nearly one-third of all schools in the United States. (3) Despite the overall growth of rural education, rural students represent a demographic minority in all but 3 States, according to the National Center for Education Statistics. (4) Rural education is becoming increasingly diverse. According to the National Center for Education Statistics, the increase in rural enrollment between the 2004-2005 and 2008- 2009 school years was disproportionally among students of color. Enrollment of children of color in rural schools increased by 31 percent, and the proportion of students enrolled in rural schools who are children of color increased from 23.0 to 26.5 percent. More than one-third of rural students in 12 States are children of color, according to research by the Rural School and Community Trust (Why Rural Matters 2009). (5) Rural education is varied and diverse across the Nation. In school year 2007-2008, the national average rate of student poverty in rural school districts, as measured by the rate of participation in federally subsidized meals programs, was 39.1 percent, but ranged from 9.7 percent in Connecticut to 71.9 percent in New Mexico, according to the National Center for Education Statistics. (6) Even policy measures intended to help rural schools can have unintended consequences. In awarding competitive grants under the Investing in Innovation Fund program under section 14007 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), the Secretary of Education attempted to encourage and support rural applicants by providing additional points for proposals to serve at least 1 rural local educational agency. But according to research by the Rural School and Community Trust (Taking Advantage, 2010), this ``rural preference'' mainly had the effect of inducing urban applicants to include rural participation merely in order to gain additional scoring points for primarily urban projects. (7) Rural schools generally utilize distance education more often for both students and teachers. A fall 2008 survey of public schools by the National Center for Education Statistics found that rural schools were 1\1/2\ times more likely to provide students access for online distance learning than schools in cities. A September 2004 study from the Government Accountability Office reported that rural school districts used distance learning for teacher training more often than non- rural school districts. (8) The National Center for Education Statistics reports that base salaries of both the lowest and highest paid teachers are lower in rural schools than any other community type. (b) Purposes.--The purposes of this Act are-- (1) to establish an Office of Rural Education Policy in the Department of Education; and (2) to provide input to the Secretary of Education regarding the impact of proposed changes in law, regulations, policies, rules, and budgets on rural schools and communities. SEC. 3. ESTABLISHMENT OF OFFICE OF RURAL EDUCATION POLICY. (a) In General.--Title II of the Department of Education Organization Act (20 U.S.C. 3411 et seq.) is amended by adding at the end the following: ``SEC. 221. OFFICE OF RURAL EDUCATION POLICY. ``(a) In General.--There shall be, in the Office of Elementary and Secondary Education of the Department, an Office of Rural Education Policy (referred to in this section as the `Office'). ``(b) Director; Duties.-- ``(1) In general.--The Office shall be headed by a Director, who shall advise the Secretary on the characteristics and needs of rural schools and the effects of current policies and proposed statutory, regulatory, administrative, and budgetary changes on State educational agencies, and local educational agencies, that serve schools with a locale code of 32, 33, 41, 42, or 43, as determined by the Secretary. ``(2) Additional duties of the director.--In addition to advising the Secretary with respect to the matters described in paragraph (1), the Director of the Office of Rural Education Policy (referred to in this section as the `Director'), through the Office, shall-- ``(A) establish and maintain a clearinghouse for collecting and disseminating information on-- ``(i) teacher and principal recruitment and retention at rural elementary schools and rural secondary schools; ``(ii) access to, and implementation and use of, technology and distance learning at such schools; ``(iii) rigorous coursework delivery through distance learning at such schools; ``(iv) student achievement at such schools, including the achievement of low-income and minority students; ``(v) innovative approaches in rural education to increase student achievement; ``(vi) higher education and career readiness and secondary school completion of students enrolled in such schools; ``(vii) access to, and quality of, early childhood development for children located in rural areas; ``(viii) access to, or partnerships with, community-based organizations in rural areas; ``(ix) the availability of professional development opportunities for rural teachers and principals; ``(x) the availability of Federal and other grants and assistance that are specifically geared or applicable to rural schools; and ``(xi) the financing of such schools; ``(B) identify innovative research and demonstration projects on topics of importance to rural elementary schools and rural secondary schools, including gaps in such research, and recommend such topics for study by the Institute of Education Sciences and other research agencies; ``(C) coordinate the activities within the Department that relate to rural education; ``(D) provide information to the Secretary and others in the Department with respect to the activities of other Federal departments and agencies that relate to rural education, including activities relating to rural housing, rural agricultural services, rural transportation, rural economic development, rural career and technical training, rural health care, rural disability services, and rural mental health; ``(E) coordinate with the Bureau of Indian Education, the Bureau of Indian Affairs, the Department of the Interior, and the schools administered by such agencies regarding rural education; ``(F) provide, directly or through grants, cooperative agreements, or contracts, technical assistance and other activities as necessary to support activities related to improving education in rural areas; and ``(G) produce an annual report on the condition of rural education that is delivered to the members of the Education and the Workforce Committee of the House of Representatives and the Health, Education, Labor, and Pensions Committee of the Senate and published on the Department's Web site. ``(c) Impact Analyses of Rules and Regulations on Rural Schools.-- ``(1) Proposed rulemaking.--Whenever the Secretary publishes a general notice of proposed rulemaking for any rule or regulation that may have a significant impact on State educational agencies or local educational agencies serving schools with a locale code of 32, 33, 41, 42, or 43, as determined by the Secretary, the Secretary (acting through the Director) shall prepare and make available for public comment an initial regulatory impact analysis. Such analysis shall describe the impact of the proposed rule or regulation on such State educational agencies and local educational agencies and shall set forth, with respect to such agencies, the matters required under section 603 of title 5, United States Code, to be set forth with respect to small entities. The initial regulatory impact analysis (or a summary) shall be published in the Federal Register at the time of the publication of general notice of proposed rulemaking for the rule or regulation. ``(2) Final rule.--Whenever the Secretary promulgates a final version of a rule or regulation with respect to which an initial regulatory impact analysis is required by paragraph (1), the Secretary (acting through the Director) shall prepare a final regulatory impact analysis with respect to the final version of such rule or regulation. Such analysis shall set forth, with respect to State educational agencies and local educational agencies serving schools with a locale code of 32, 33, 41, 42, or 43, as determined by the Secretary, the matters required under section 604 of title 5, United States Code, to be set forth with respect to small entities. The Secretary shall make copies of the final regulatory impact analysis available to the public and shall publish, in the Federal Register at the time of publication of the final version of the rule or regulation, a statement describing how a member of the public may obtain a copy of such analysis. ``(3) Regulatory flexibility analysis.--If a regulatory flexibility analysis is required by chapter 6 of title 5, United States Code, for a rule or regulation to which this subsection applies, such analysis shall specifically address the impact of the rule or regulation on State educational agencies and local educational agencies serving schools with a locale code of 32, 33, 41, 42, or 43, as determined by the Secretary.''. (b) Effective Date.--Section 221(c) of the Department of Education Organization Act, as added by subsection (a), shall apply to regulations proposed more than 30 days after the date of enactment of this Act.

Office of Rural Education Policy Act - Amends the Department of Education Organization Act to establish an Office of Rural Education Policy (Office) in the Department of Education's Office of Elementary and Secondary Education. Requires the Office to be headed by a Director who advises the Secretary of Education on the characteristics and needs of rural schools, and the effects current policies and proposed statutory, regulatory, administrative, and budgetary changes have on states and local educational agencies (LEAs) that serve such schools. Requires the Director to: (1) establish and maintain a clearinghouse for collecting and disseminating certain information on rural education; (2) identify innovative research and demonstration projects on topics of importance to rural schools; (3) coordinate rural education activities within the Department; (4) inform the Department of other federal agency activities related to rural education; (5) coordinate its activities with Indian schools and the Department of the Interior's responsibilities regarding such schools; (6) provide technical assistance and other support for rural education improvement efforts; and (7) produce an annual report, for Congress and the public, on the condition of rural education. Requires the Director to prepare regulatory impact analyses of the Secretary's proposed and final rules that may have a significant impact on states or LEAs that serve rural schools.

A bill to establish an Office of Rural Education Policy in the Department of Education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring the Doctors of Our Country through Scholarships Act of 2012'' or the ``RDOCS Act of 2012''. SEC. 2. FINDINGS. The Congress finds the following: (1) Due to an aging population, the retirement of a generation of physicians, and 30,000,000 newly insured under the Patient Protection and Affordable Care Act (Public Law 110- 148), the United States is expected to experience an acute physician workforce shortage in the coming decades, particularly in primary care. If unaddressed, this shortage will compromise the health of the population as well as the ability of the United States to remain competitive in the world. (2) By 2020, the shortage of primary care doctors is expected to reach 45,000. (3) The shortage will disproportionately impact rural communities and underserved urban communities. (4) The Reserve Officers' Training Corps (ROTC) model of education and training is a respected and effective way of meeting the Nation's need for educated and trained officers in the United States Armed Forces, and can be applied to solving the Nation's primary care shortage. (5) There are 10 applicants for each National Health Service Corps scholarship awarded, indicating the unmet demand for medical scholarships. SEC. 3. GRANTS TO STATES FOR RESTORING THE DOCTORS OF OUR COUNTRY THROUGH SCHOLARSHIPS (RDOCS) PROGRAMS. Subpart III of part D of title III of the Public Health Service Act (42 U.S.C. 254l et seq.) is amended by adding at the end the following: ``SEC. 338N. GRANTS TO STATES FOR SCHOLARSHIP PROGRAMS. ``(a) Grants to States.-- ``(1) In general.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall make grants to States for the purpose of assisting the States in operating a program described in paragraph (2) (referred to in this section as an `RDOCS program') in order to provide for the increased availability of primary health care services in health professional shortage areas. ``(2) Applications.--To seek a grant under this section, a State shall submit an application in such form, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(b) Scholarship Program Described.--An RDOCS program is a program of entering into contracts between the State involved and an RDOCS scholar under which-- ``(1) the State involved agrees-- ``(A) to pay all tuition and costs for the RDOCS scholar's undergraduate medical education, to the participating undergraduate medical program, for a period of study not exceeding 48 consecutive months; and ``(B) to pay, during such period, a cost-of-living stipend, in an amount to be determined by the Secretary, to the RDOCS scholar; and ``(2) the RDOCS scholar agrees-- ``(A) to be admitted into and maintain enrollment in a participating undergraduate medical program in the RDOCS scholar's State of residence (or if such State of residence operates no such program, in a participating undergraduate medical program in a State within an associated region); ``(B) when enrolled in such program, to maintain a minimum level (to be determined by the Secretary) of academic standing; ``(C) to complete an accredited residency training program in a primary care specialty; ``(D) to become licensed to practice medicine in the applicant's State of residence; ``(E) to receive and maintain board certification in a primary care speciality; and ``(F) to complete a 5-year post-graduate period of service in a health professional shortage area. ``(c) Priority in Awarding Scholarships.--In selecting RDOCS scholars and awarding scholarship contracts described in subsection (b), the State involved shall give preference to applicants who are enrolled in-- ``(1) an accelerated track family-medicine program; or ``(2) a program that includes clinical training in rural or underserved urban communities. ``(d) Direct Administration by State Agency.--The RDOCS program of any State receiving a grant under this section shall be administered directly by a State agency. ``(e) Requirement of Matching Funds.-- ``(1) In general.--Any State receiving a grant under this section shall, with respect to the costs of making payments on behalf of individuals under scholarship contracts described in subsection (b), make available (directly or through donations from public or private entities) non-Federal contributions in cash toward such costs in an amount equal to not less than $1 for each $9 of Federal funds provided through the grant. ``(2) Determination of amount of non-federal contribution.--In determining the amount of non-Federal contributions in cash that a State has provided pursuant to paragraph (1)-- ``(A) any amounts provided to the State by the Federal Government shall not be included; and ``(B) any amounts expended by the State as administrative funds to operate its RDOCS program may, at the State's discretion, be included. ``(f) Coordination With Federal Program.-- ``(1) Assignments for health professional shortage areas under federal program.--Any State receiving a grant under this section shall, in carrying out its RDOCS program, assign RDOCS officers participating in the program only to public and nonprofit private entities located in and providing health services in health professional shortage areas. ``(2) Remedies for breach of contracts.--The Secretary may not make a grant under subsection (a) unless the State involved agrees that the scholarship contracts provided by the State pursuant to subsection (b) will provide remedies for any breach of the contracts by the RDOCS scholars and RDOCS officers involved. ``(3) Limitation regarding contract inducements.--Any State receiving a grant under this section shall ensure that contracts between the State and RDOCS scholars under this section do not include any terms more favorable to the RDOCS scholars than the most favorable terms which the Secretary is authorized to provide in contracts under the National Health Service Corps Scholarship Program under section 338A, including terms regarding the availability of remedies for any breach of the contracts by the health professionals involved. ``(g) Restrictions on Use of Funds.--Any State receiving a grant under this section shall not expend the grant funds for any purpose other than making payments on behalf of or to RDOCS scholars under contracts entered into pursuant to this section. ``(h) Reports by States.--Any State receiving a grant under this section shall submit to the Secretary-- ``(1) a report on the State's RDOCS program not later than January 10 of each fiscal year immediately following any fiscal year for which the State has received such a grant; and ``(2) such other reports regarding the State's RDOCS program, as are determined to be appropriate by the Secretary. ``(i) Reports by Secretary.--The Secretary shall report annually to the relevant committees on the physician workforce in the United States, and shall include in each such report-- ``(1) data on the physician shortage, if any, disaggregated by State and region; and ``(2) a gap analysis of the primary care practitioners needed in each State and region, and 5- and 10-year estimates of the funding needed to close the gap through the RDOCS program. ``(j) Noncompliance.-- ``(1) In general.--The Secretary may not make payments under this section to a State for any fiscal year subsequent to the first fiscal year of such payments unless the Secretary determines that, for the immediately preceding fiscal year, the State has complied with each of the agreements made by the State under this section. ``(2) Reduction in grant relative to number of breached contracts.-- ``(A) Determination of number of breached contracts.--Before making a grant under this section to a State for a fiscal year, the Secretary shall determine the number of contracts provided pursuant to the State's RDOCS program with respect to which there has been an initial breach by the RDOCS scholars or officers involved during the fiscal year preceding the fiscal year for which the State is applying to receive the grant. ``(B) Reduction of grants.--Subject to paragraph (3), in the case of a State with 1 or more initial breaches for purposes of subparagraph (A), the Secretary shall reduce the amount of a grant under this section to the State for the fiscal year involved by an amount equal to the sum of-- ``(i) the expenditures of Federal funds made regarding the contracts involved; and ``(ii) an amount representing interest on the amount of such expenditures, determined with respect to each contract on the basis of the maximum legal rate prevailing for loans made during the time amounts were paid under the contract, as determined by the Treasurer of the United States. ``(3) Waiver regarding reduction in grant.--The Secretary may waive the requirement of paragraph (2)(B) with respect to the initial breach of a contract if the Secretary determines that such breach by the RDOCS scholar or officer involved was attributable solely to the professional having a serious illness. ``(k) Definitions.--For the purposes of this section: ``(1) Accelerated track family-medicine program.--The term `accelerated track family-medicine program' refers to an appropriately accredited, integrated course of study in which a candidate can complete undergraduate medical education and graduate medical education in 6 years. ``(2) Associated region.--The term `associated region' refers to-- ``(A) the area encompassing the boundaries of Washington, Wyoming, Alaska, Montana, and Idaho; ``(B) the area encompassing the boundaries of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, and Vermont; ``(C) the area encompassing the boundaries of Delaware and Pennsylvania; or ``(D) the area encompassing the boundaries of Maryland, the District of Columbia, and Virginia. ``(3) Board certification.--The term `board certification' means a certification to practice medicine in a specialty, by an appropriate medical specialty board. ``(4) Health professional shortage area.--The term `health professional shortage area' means a health professional shortage area designated under section 332. ``(5) Participating undergraduate medical program.--The term `participating undergraduate medical program' means an allopathic or osteopathic undergraduate medical program operated by a State. ``(6) Primary care specialty.--The term `primary care specialty' means pediatrics, family medicine, or general internal medicine. ``(7) RDOCS officer.--The term `RDOCS officer' means an RDOCS program participant who has completed undergraduate medical training, but has not yet fulfilled the remaining requirements of his or her scholarship contract under subsection (b). ``(8) RDOCS scholar.--The term `RDOCS scholar' means an individual participating in an RDOCS program pursuant to a scholarship contract under subsection (b), who has not yet completed undergraduate medical education. ``(9) Relevant committees.--The term `relevant committees' means the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. ``(10) State.--The term `State' means each of the 50 States and the District of Columbia. ``(l) Authorization of Appropriations.-- ``(1) In general.--For carrying out this section, there is authorized to be appropriated $200,000,000 for each of fiscal year 2013 through 2016. ``(2) Availability.--Amounts appropriated under paragraph (1) shall remain available until expended.''.

Restoring the Doctors of Our Country through Scholarships Act of 2012 or the RDOCS Act of 2012 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to make grants under which states provide RDOCS scholarships, paying all costs of a student's undergraduate medical education, to provide for the increased availability of primary health care services in health professional shortage areas. Requires the scholarship recipient to agree to residency training in a primary care specialty and a five-year post-graduate period of service in a health professional shortage area. Requires that preference be given in award of scholarships to applicants enrolled in: (1) an accelerated track family-medicine program (an integrated course of study allowing completion of undergraduate medical education and graduate medical education in six years), or (2) a program that includes clinical training in rural or underserved urban communities. Sets a minimum rate at which federal funding must be matched.

To amend the Public Health Service Act to authorize grants to States for the purpose of assisting the States in operating an RDOCS program in order to provide for the increased availability of primary health care services in health professional shortage areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Library Trust Fund Act''. SEC. 2. UNITED STATES LIBRARY TRUST FUND. (a) Designation of Overpayments and Contributions for United States Library Trust Fund.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR UNITED STATES LIBRARY TRUST FUND ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--In the case of an individual, with respect to each return of the taxpayer for the taxable year of the tax imposed by chapter 1, such taxpayer may designate that-- ``(1) $1 of any overpayment of tax for such taxable year, and ``(2) any cash contribution which the taxpayer includes with such return, shall be paid over to the United States Library Trust Fund in accordance with the provisions of section 9512. In the case of a joint return with respect to which an overpayment of $2 or more is due, each spouse may designate that $1 shall be paid to such trust fund. ``(b) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions).'' (b) Creation of Trust Fund.--Subchapter A of chapter 98 of such Code is amended by adding at the end the following new section: ``SEC. 9512. UNITED STATES LIBRARY TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `United States Library Trust Fund', consisting of such amounts as may be credited or paid to such trust fund as provided in section 6097. ``(b) Transfers to Trust Fund.--There are hereby appropriated to the United States Library Trust Fund amounts equivalent to-- ``(1) the amounts of the overpayments of tax to which designations under section 6097 apply, and ``(2) the amounts of contributions made under such section to such trust fund. ``(c) Expenditures From Trust Fund.--Amounts in the United States Library Trust Fund shall be available, as provided in appropriation Acts, only for purposes of making expenditures to carry out section 3 of the United States Library Trust Fund Act.'' (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX. Designation of overpayments and contributions for United States Library Trust Fund.'' (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. United States Library Trust Fund.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. GRANTS TO LIBRARIES. (a) Eligibility of Public Libraries and Public School Libraries.--A public library or public school library is eligible to receive a grant under this section from the United States Library Trust Fund established pursuant to section 9512 of the Internal Revenue Code of 1986 for any fiscal year by submitting an application to the Office of Library Services that includes-- (1) certification that the library does not have the financial resources available to purchase new books or collections; (2) assurances that funds received under this section will be used only to purchase materials for the library; (3) assurances that funds received under this section will be used to supplement, not supplant, other funds received by such library; and (4) an agreement to make available any financial records that the Office of Library Services may need for audit purposes. (b) Grant Selection.--The Office of Library Services shall select the number of grant awards made under this section and the amount of each such award based upon economic need in accordance with regulations published by the Office.

United States Library Trust Fund Act - Amends the Internal Revenue Code to allow an individual taxpayer to designate that one dollar of any tax overpayment and any cash contribution shall be paid to the United States Library Trust Fund. Establishes the Fund. Provides for grants to applying public libraries and public school libraries, to be used to purchase materials for the libraries, with the grantees selected by the Office of Library Services.

United States Library Trust Fund Act

SECTION 1. SHORT TITLE; FINDINGS AND PURPOSES; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``America's Affordable Health Care Act of 2008''. (b) Findings and Purposes.-- (1) Findings.--Congress finds the following: (A) The regulation of the practice of insurance is a State prerogative. (B) It is in the interests of health care consumers that Congress allows for policies that increase the affordability of health insurance products. (C) The Federal government provides States and the medical community with public financing to support the medical needs of the uninsured. (D) There is a correlation between the amount of insurance benefits and the cost of insurance products. (E) State mandate laws have created barriers to affordable health coverage. (F) A number of States allow for the creation of insurance products that recognize the increased costs associated with mandate laws. (G) Consumers throughout the United States are finding it increasingly hard to secure affordable health care coverage which contributes to the national uninsured rate. (2) Federal insurance product.--Congress further finds that it is in the interests of taxpayers, health care purchasers, and the health care provider community, to allow for a class of federally certified insurance products that can be purchased in the individual market without being subject to State benefit mandate laws. (3) Purposes.--The purposes of this Act are-- (A) to promote increased affordability and access to health care coverage for citizens of the United States; (B) to allow consumers the ability to make choices by weighing insurance benefits with the cost of insurance; (C) to provide incentives to health plans and health insurance issuers to offer increasingly affordable insurance policies to all those in the individual market; (D) to provide low-income and uninsured workers with incentives to purchase insurance policies; (E) to provide incentives to companies and States to offer health care solutions for high-risk beneficiaries; (F) to provide for new coverage opportunities to solve the problems of affordability and uninsurance; and (G) to promote the availability of health insurance coverage through high-risk pools for individuals whose health conditions create barriers to such coverage. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; findings and purposes; table of contents. TITLE I--HEALTH BENEFIT PLANS Sec. 101. Certification of Health Benefit Plans. Sec. 102. Conditions for certification. Sec. 103. Review of implementation. Sec. 104. Definitions. TITLE II--EXPANSION OF STATE HIGH RISK HEALTH INSURANCE POOLS Sec. 201. Increasing and expanding funding for State high risk health insurance pools. Sec. 202. Qualified high risk pools best practices guidelines and grant program. TITLE I--HEALTH BENEFIT PLANS SEC. 101. CERTIFICATION OF HEALTH BENEFIT PLANS. (a) In General.--A health insurance issuer may apply to the Secretary for up to 3 health insurance coverage policies offered in the individual market in any State to be certified as Health Benefit Plans under this title with respect to eligible individuals and the policies so certified may be offered and sold to such individuals without regard to any State or local law respecting mandates for benefits. (b) Construction.--Except as specifically provided under subsection (a) with respect to health insurance benefits, nothing in this title shall be construed as-- (1) modifying the application of State or local requirements relating to matters not described in subsection (a), such as underwriting, enrollment, and premiums; (2) superseding any provision of State or local law or regulation relating to the business of insurance, including the regulation of insurers and insurance products, underwriting, enrollment, and premiums; (3) preventing a State or local jurisdiction from applying fraud and abuse provisions otherwise applicable with respect to the sale and marketing of health insurance coverage to the sale and marketing of Health Benefit Plans under this title; or (4) exempting a Health Benefits Plan, and the health insurance issuer offering such a plan, from applicable requirements of State law and compliance with applicable provisions of title XXVII of the Public Health Service Act. SEC. 102. CONDITIONS FOR CERTIFICATION. (a) In General.--The Secretary shall not certify under this title a Health Benefit Plan offered by a health insurance issuer unless-- (1) the Plan includes benefits for items and services within each of the categories of basic services described in subsection (b); and (2) the issuer-- (A) is licensed under State law to offer health insurance coverage in the State involved; and (B) submits to the Secretary such information and assurances as the Secretary may require to assure compliance of the issuer, and Health Benefit Plans offered by the issuer, with the applicable requirements of this title. (b) Categories of Basic Services.-- (1) In general.--The categories of basic services described in this subsection are as follows: (A) Inpatient hospital services. (B) Physicians' surgical and medical services. (2) Treatment of other categories.--Nothing in this section shall be construed as preventing a Health Benefit Plan from providing coverage of benefits that are not within a category of basic services described in paragraph (1). (c) Reciprocal Arrangements.--Health insurance issuers offering Health Benefit Plans may create reciprocal arrangements with other issuers of such plans in order to improve the portability of such plans among eligible individuals. SEC. 103. REVIEW OF IMPLEMENTATION. (a) Review.--The Secretary shall review the implementation of this title and the impact of such implementation on the availability and purchase of health insurance coverage. (b) Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on this title and its impact on making health insurance coverage more affordable. SEC. 104. DEFINITIONS. In this title: (1) The term ``eligible individual'' means an individual who is a citizen or national of the United States or an alien lawfully residing permanently in the United States. (2) The terms ``health insurance coverage'', ``health insurance issuer'', and ``individual market'' have the meanings given such terms in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91). (3) The term ``Secretary'' means the Secretary of Health and Human Services. TITLE II--EXPANSION OF STATE HIGH RISK HEALTH INSURANCE POOLS SEC. 201. INCREASING AND EXPANDING FUNDING FOR STATE HIGH RISK HEALTH INSURANCE POOLS. (a) In General.--Section 2745(d) of the Public Health Service Act (42 U.S.C. 300gg-45(d)) is amended-- (1) in paragraph (2)-- (A) in the heading, by striking ``through 2010'' and inserting ``and 2008''; and (B) in the matter preceding subparagraph (A), by striking ``through 2010'' and inserting ``and 2008''; (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and (3) by inserting after paragraph (2) the following new paragraph: ``(3) Authorization of appropriations for fiscal years 2009 through 2013.--There are authorized to be appropriated for each of fiscal years 2009 through 2013-- ``(A) $10,000,000 to carry out subsection (a); and ``(B) $100,000,000, of which, subject to paragraph (5)-- ``(i) two-thirds of the amount appropriated shall be made available for allotments under subsection (b)(2); and ``(ii) one-third of the amount appropriated shall be made available for allotments under subsection (c)(3).''. (b) Conforming Amendments.--Section 2745 of the Public Health Service Act (42 U.S.C. 300gg-45) is amended-- (1) in subsection (a), by striking ``subsection (d)(1)(A)'' and inserting ``paragraphs (1)(A) and (3)(A) of subsection (d)''; (2) in each of paragraphs (1) and (2) of subsection (b), by striking ``(1)(B)(i) and (2)(A)'' and inserting ``(1)(B)(i), (2)(A), and (3)(B)(i)''; (3) in each of paragraphs (1) and (3) of subsection (c), by striking ``(1)(B)(ii) and (2)(B)'' and inserting ``(1)(B)(ii), (2)(B), and (3)(B)(ii)''; and (4) in subsection (d)-- (A) in each of paragraphs (1)(B) and (2), by striking ``paragraph (4)'' and inserting ``paragraph (5)''; and (B) in paragraph (5), as redesignated by subsection (a)(2), by striking ``paragraph (1)(B) or (2)'' and inserting ``paragraph (1)(B), (2), or (3)(B)''. SEC. 202. QUALIFIED HIGH RISK POOLS BEST PRACTICES GUIDELINES AND GRANT PROGRAM. Section 2745 of the Public Health Service Act (42 U.S.C. 300gg-45) is amended-- (1) in subsection (b)(1), by striking ``In the case'' and inserting ``Subject to subsection (f)(1), in the case''; (2) by redesignating subsection (f) and (g) as subsections (g) and (h), respectively; and (3) by inserting after subsection (e) the following new subsection: ``(f) Qualified High Risk Pools Best Practices Guidelines and Grant Program.-- ``(1) Best practices report requirement.--To be eligible to receive a grant under subsection (b) for a fiscal year beginning more than 60 days after the date of the enactment of the America's Affordable Health Care Act of 2008, a State that has established a qualified high risk pool shall submit to the Secretary, not later than 120 days after the beginning of such fiscal year, evidence-based information on the operation of such pool, as specified by the Secretary for purposes of creating the best practices guidelines described in paragraph (2). ``(2) Best practice guidelines.--Not later than 120 days after the date of the enactment of the America's Affordable Health Care Act of 2008, the Secretary shall, after providing for notice and comment, recommend and post on the public Internet site of the Department of Health and Human Services a list of best practices with respect to the operation of qualified high risk pools. The Secretary shall provide for notice to the States and insurers who manage such qualified high risk pools of the proposed development of such practices and shall develop such best practices with input obtained from such States and insurers. Such best practices should be categorized and applied according to the number of individuals enrolled in the qualified high risk pool involved. ``(3) Bonus grants for state qualified high risk pools that follow best practices.-- ``(A) In general.--In the case of a State that is one of the 50 States or the District of Columbia, that has established a qualified high risk pool, and that is receiving a grant under subsection (b)(1), for each fiscal year for which the State demonstrates according to a process specified by the Secretary that such qualified high risk pool was operated in accordance with the best practices posted under paragraph (2), the Secretary shall provide a bonus grant from the funds appropriated under subparagraph (C) and allotted to the State under subparagraph (B). ``(B) Allotment; limitation.--The Secretary shall allot funds appropriated under subparagraph (C) among States qualifying for a bonus grant under subparagraph (A) in a manner specified by the Secretary, but in no case shall the amount so allotted to a State for a fiscal year exceed 10 percent of the funds so appropriated for the fiscal year. ``(C) Authorization of appropriations for bonuses.--There are authorized to be appropriated for each of fiscal years 2010 through 2013 $26,000,000 for allotments under subparagraph (B).''.

America's Affordable Health Care Act of 2008 - Authorizes a health insurance issuer to apply to the Secretary of Health and Human Services to certify health insurance coverage policies offered in the individual market in any state as Health Benefit Plans. Allows certified plans to be offered to individuals in all states without regard to state and local laws respecting mandates for benefits. Requires such plans to cover inpatient hospital services and physicians' surgical and medical services. Requires the Secretary to review the impact of this Act on the availability and purchase of health insurance coverage. Amends the Public Health Service Act to increase the authorization of appropriations for FY2009-FY2013 for grants to states for the creation and operation of qualified high risk health insurance pools. Conditions eligibility for receiving an operating grant on a state submitting to the Secretary evidence-based information on the operation of such pool for purposes of creating best practice guidelines. Requires the Secretary to: (1) recommend and publicly post a list of best practices on the operation of qualified high risk pools; and (2) give a bonus grant to states that demonstrate that their pool was operated in accordance with such best practices.

To provide for the offering of Health Benefit Plans to individuals, to increase funding for State high risk health insurance pools, and to promote best practice protocols for State high risk pools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ROTC and Military Recruiter Equal Access to Campus Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Reserve Officers Training Corps (ROTC) program is the most common path for undergraduates to become United States military officers. (2) The inclusion of both public and private undergraduate institutions in the ROTC program insures a more racially, ethnically, and socially diverse pool for leadership in the higher ranks of the Armed Forces. (3) The majority of both minority officers and female officers in the Armed Forces are acquired through undergraduate ROTC programs. (4) The presence of ROTC programs on college campuses benefits even those students who are not enrolled by making them aware of the presence and role of the United States military. (5) Land-grant colleges received land from the United States on the condition that they offer some military instruction in addition to their regular curriculum, forming the basis for the Nation's tradition of college and university acceptance of responsibility to contribute to the Nation's readiness. (6) The Armed Forces face a constant challenge in recruiting top-quality personnel that ROTC programs are ideally suited to meet. (7) Military recruiters should have access to college campuses and to college students equal in quality and scope to that provided all other employers. (8) If any college or university discriminates against ROTC programs or military recruiters, then under current law that college or university becomes ineligible for certain Federal taxpayer support, especially funding for many military and defense programs. (9) The personnel and programs of the Department of Homeland Security and the Department of Energy are mutually dependent upon a high caliber of well-educated, professional leadership in the Armed Forces in order to protect the people and territory of the United States. (10) In order to more fully promote the ability of the Nation's Armed Forces to recruit on college campuses and to facilitate the ability of students to participate in ROTC programs on campus, the laws to prevent discrimination against ROTC and military recruiters should be updated. SEC. 3. CERTIFICATION OF COMPLIANCE WITH ROTC ACCESS PROVISIONS. Subsection (a) of section 983 of title 10, United States Code, is amended-- (1) by inserting ``(1)'' before ``No funds''; (2) by striking ``prevents--'' and inserting ``prevents, either (or both) of the following:''; (3) by striking ``(1) the'' and inserting ``(A) The''; (4) by striking ``; or'' and inserting a period; (5) by striking ``(2) a'' and inserting ``(B) A''; and (6) by adding at the end the following: ``(2)(A) Not later than 180 days after the date of the enactment of the ROTC and Military Recruiter Equal Access to Campus Act of 2004 and annually thereafter, the Secretary of Defense shall request from each institution of higher education that has students participating in a Senior Reserve Officer Training Corps program during the then-current academic year of that institution a certification that such institution, during the next academic year of the institution, will-- ``(i) permit the Secretary of each military department to maintain a unit of the Senior Officer Training Corps (in accordance with subsection (a)) at that institution (or any subelement of that institution), should such Secretary elect to maintain such a unit; and ``(ii) if the Secretary of the military department concerned elects not to establish or maintain a unit of the Senior Reserve Officer Training Corps at that institution, permit a student of that institution (or any subelement of that institution) to enroll in a unit of the Senior Reserve Officer Training Corps at another institution of higher education. ``(B) Any certification under subparagraph (A) shall be made by the president of the institution (or equivalent highest ranking administrative official) and shall be submitted to the Secretary of Defense no later than 90 days after receipt of the request from the Secretary. ``(C) In the case of any institution from which a certification is requested under subparagraph (A), if the Secretary of Defense does not receive a certification in accordance with subparagraph (B), or if the certification does not state that the university will comply with both clauses (i) and (ii) of subparagraph (A) during its next academic year, the Secretary shall make a determination under paragraph (1) as to whether the institution has a policy or practice described in that paragraph.''. SEC. 4. EQUAL TREATMENT OF MILITARY RECRUITERS WITH OTHER RECRUITERS. Subsection (b)(1) of section 983 of title 10, United States Code, is amended-- (1) by striking ``entry to campuses'' and inserting ``access to campuses''; and (2) by inserting before the semicolon at the end the following: ``in a manner that is at least equal in quality and scope to the degree of access to campuses and to students that is provided to any other employer''. SEC. 5. PROHIBITION OF FUNDING FOR POST-SECONDARY SCHOOLS THAT PREVENT ROTC ACCESS OR MILITARY RECRUITING. (a) Covered Funds.--Subsection (d) of section 983 of title 10, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``limitation established in subsection (a) applies'' and inserting ``limitations established in subsections (a) and (b) apply''; (B) in subparagraph (B), by inserting ``for any department or agency for which regular appropriations are made'' after ``made available''; and (C) by adding at the end the following new subparagraphs: ``(C) Any funds made available for the Department of Homeland Security. ``(D) Any funds made available for the National Nuclear Security Administration of the Department of Energy. ``(E) Any funds made available for the Department of Transportation. ``(F) Any funds made available for the Central Intelligence Agency.''; and (2) by striking paragraph (2). (b) Conforming Amendments.--(1) Subsection (b) of such section is amended by striking ``subsection (d)(2)'' and inserting ``subsection (d)(1)''. (2) Subsection (e) of such section is amended by inserting ``, to the head of each other department and agency the funds of which are subject to the determination,'' after ``Secretary of Education''. SEC. 6. EXCLUSION OF AMOUNTS TO COVER INDIVIDUAL PAYMENTS. (a) Codification and Extension of Exclusion.--Subsection (d) of section 983 of title 10, United States Code, as amended by section 5(a), is further amended-- (1) by striking ``The'' after ``(1)'' and inserting ``Except as provided in paragraph (2), the''; and (2) by adding at the end the following new paragraph: ``(2) Any Federal funding specified in paragraph (1) that is provided to an institution of higher education, or to an individual, to be available solely for student financial assistance, related administrative costs, or costs associated with attendance, may be used for the purpose for which the funding is provided.''. (b) Conforming Amendments.--Subsections (a) and (b) of such section are amended by striking ``(including a grant of funds to be available for student aid)''. (c) Conforming Repeal of Codified Provision.--Section 8120 of the Department of Defense Appropriations Act, 2000 (Public Law 106-79; 10 U.S.C. 983 note), is repealed. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to funds appropriated for fiscal year 2005 and thereafter. Passed the House of Representatives March 30, 2004. Attest: JEFF TRANDAHL, Clerk.

ROTC and Military Recruiter Equal Access to Campus Act of 2004 - Amends Federal armed forces provisions to direct the Secretary to annually request, from each institution of higher education that has students participating at that institution in a Senior ROTC program during that academic year, a certification that the institution will, during the next academic year: (1) permit the Secretary of each military department to maintain a unit of the Senior ROTC at that institution, should the department Secretary elect to maintain such a unit; and (2) if the department Secretary elects not to maintain such a unit, permit a student of that institution to enroll in a Senior ROTC unit at another institution. Denies the provision of funds made available for certain Federal departments and agencies to institutions of higher education unless military recruiters are provided access to campuses at such institutions that is at least equal in quality and scope to the access to campuses and students that is provided to any other employer. Adds the Department of Homeland Security, the National Nuclear Security Administration, and the Central Intelligence Agency to the list of Federal departments and agencies whose funds will be denied to postsecondary schools that prevent ROTC access or military recruiting. Codifies under Federal armed forces law a provision of the Department of Defense Appropriations Act, 2000 which excludes from such funding prohibition any amounts provided solely for student financial assistance, related administrative costs, or costs associated with attendance.

To amend title 10, United States Code, to improve the ability of the Department of Defense to establish and maintain Senior Reserve Officer Training Corps units at institutions of higher education, to improve the ability of students to participate in Senior ROTC programs, and to ensure that institutions of higher education provide military recruiters entry to campuses and access to students that is at least equal in quality and scope to that provided to any other employer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Full Faith and Credit in Our Communities Act of 2007''. SEC. 2. GUARANTEES FOR BONDS AND NOTES ISSUED FOR COMMUNITY OR ECONOMIC DEVELOPMENT PURPOSES. The Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is amended by inserting after section 114 the following: ``SEC. 114A. GUARANTEES FOR BONDS AND NOTES ISSUED FOR COMMUNITY OR ECONOMIC DEVELOPMENT PURPOSES. ``(a) Definitions.--In this section, the following definitions shall apply: ``(1) Director.--The term `Director' means the Director of the Community Development Financial Institutions Fund. ``(2) Eligible community development financial institution.--The term `eligible community development financial institution' means a community development financial institution that is organized as a private, not-for-profit association, or otherwise on a nonprofit basis, that has applied to an issuer for, or been granted by an issuer, a loan or note under the Program. ``(3) Eligible community or economic development purpose.-- The term `eligible community or economic development purpose'-- ``(A) means any purpose described in section 108(b); and ``(B) includes the provision of community or economic development in low-income or underserved rural areas. ``(4) Guarantee.--The term `guarantee' means a written agreement between the Secretary and a guaranteed note or bondholder, pursuant to which, the Secretary ensures repayment of the verifiable losses on any bond issue of the principal, interest, and call premium, if any, on the guaranteed notes or bonds of the issuer. ``(5) Issuer.-- ``(A) In general.--The term `issuer' means a community development financial institution that has been approved by the Secretary to receive a guarantee under the Program, and that otherwise meets the qualification requirements of this section and the rules of the Secretary. ``(B) Approval criteria for issuers.-- ``(i) In general.--The Secretary shall approve a community development financial institution for a guarantee under the Program in accordance with such terms and procedures as the Secretary establishes, by rule, for such purpose. ``(ii) Terms and qualifications.--For approval as an issuer under the Program, a community development financial institution shall-- ``(I) have appropriate expertise, capacity, and experience, or otherwise be qualified to make loans for eligible community or economic development purposes; ``(II) provide to the Secretary an acceptable capital distribution plan that meets the requirements of this section; and ``(III) certify to the Secretary that the bonds or notes to be guaranteed are to be used for eligible community or economic development purposes. ``(C) Department opinion; timing.-- ``(i) Department opinion.--Not later than 30 days after the date of a request by an issuer for approval of a guarantee under the Program, the General Counsel of the Fund shall provide to the Secretary an opinion regarding compliance by the issuer with the requirements of the Program under this section. ``(ii) Timing.--The Secretary shall approve or deny a guarantee under this section after consideration of the opinion provided to the Secretary under clause (i), and in no case later than 45 days after receipt of all required information is submitted to the Secretary with respect to a request for such guarantee. ``(6) Loan.--The term `loan' means any credit instrument that is extended under the Program for any eligible community or economic development purpose. ``(7) Master servicer.-- ``(A) In general.--The term `master servicer' means any entity approved by the Secretary in accordance with subparagraph (B) to oversee the activities of servicers, as provided in subsection (g)(4). ``(B) Approval criteria for master servicers.--The Secretary shall approve or deny any application to become a master servicer under the Program not later than 30 days after the date on which all required information is submitted to the Secretary, based on the capacity and experience of the applicant in-- ``(i) loan administration, servicing, and loan monitoring; ``(ii) managing regional or national loan intake, processing, or servicing operational systems and infrastructure; ``(iii) managing regional or national originator communication systems and infrastructure; ``(iv) developing and implementing training and other risk management strategies on a regional or national basis; and ``(v) compliance monitoring, investor relations, and reporting. ``(8) Program.--The term `Program' means the guarantee program for tax-exempt bonds and notes issued for eligible community or economic development purposes created by this section. ``(9) Program administrator.--The term `program administrator' means an entity designated by the issuer to perform various administrative duties, as provided in subsection (g)(2). ``(10) Secretary.--The term `Secretary' means the Secretary of the Treasury. ``(11) Servicer.--The term `servicer' means an entity designated by the issuer to perform various servicing duties, as provided in subsection (g)(3). ``(b) Guarantees Authorized.--The Secretary shall guarantee payments on tax-exempt bonds or notes issued by any issuer approved for such purpose under subsection (a)(5)(B), if the proceeds of the bonds or notes are used in accordance with this section to make loans to eligible community development financial institutions-- ``(1) for eligible community or economic development purposes; or ``(2) to refinance loans or notes issued for such purposes. ``(c) Issuer Requirements and Authority.-- ``(1) In general.--The capital distribution plan required by subsection (a)(5)(B) shall reflect investment of not less than 90 percent of the principal amount of guaranteed bonds or notes in otherwise unencumbered loans for any eligible community or economic development purpose, measured annually, beginning at the end of year 1 of the Program. ``(2) Relending account.--Not more than 10 percent of the principal amount of guaranteed bonds or notes, multiplied by an amount equal to the outstanding principal balance of issued notes or bonds, minus the risk-share pool amount under subsection (e), may be held in a relending account and may be made available for new eligible community or economic development purposes. ``(3) Limitations on unpaid principal balances.--The unpaid principal balance of the issued bonds or notes that are guaranteed under the Program may not be used to pay fees, and shall be held in-- ``(A) community or economic development loans; ``(B) a relending account, to the extent authorized under paragraph (2); or ``(C) a risk-share pool established under subsection (e). ``(4) Repayment.--If an issuer fails to meet the requirements of paragraph (1), not later than 30 days after the date on which such failure occurs, repayment shall be made on the issued bonds or notes to bring the issuer into compliance. ``(5) Prohibited uses.--The Secretary shall, by regulation-- ``(A) prohibit, as appropriate, certain uses of amounts from the guarantee of a bond or note under the Program, including the use of such funds for political activities, lobbying, outreach, counseling services, or travel expenses; and ``(B) provide that the guarantee of a bond or note under the Program may not be used for salaries or other administrative costs of-- ``(i) the issuer; or ``(ii) any recipient of amounts from the guarantee of a bond or note. ``(d) Certain Interest Rate Reductions Authorized.--An eligible community development financial institution or an issuer may use a bond or note issued under the Program, or the proceeds from a guarantee of such a bond or note, as applicable, to reduce the interest rate on a loan, if the loan is made by an issuer to an eligible community development financial institution for any community or economic development purpose. ``(e) Risk-Share Pool.--Each issuer shall, during the term of a guarantee provided under the Program, establish a risk-share pool, capitalized by an amount equal to not less than 3 percent of the guaranteed amount outstanding on the subject notes and bonds. ``(f) Guarantees.-- ``(1) In general.--A guarantee issued under the Program shall-- ``(A) be for the full amount of a bond or note, including the amount of principal, interest, and call premiums; ``(B) be fully assignable and transferable to the Federal Financing Bank or the capital market, on terms and conditions that are consistent with comparable Government-guaranteed bonds, and satisfactory to the Secretary; ``(C) represent the full faith and credit of the United States; and ``(D) have a final maturity date for the bonds not to exceed 40 years. ``(2) Limitations.-- ``(A) Annual number of guarantees.--The Secretary shall issue not more than 5 guarantees in any calendar year under the Program. ``(B) Guarantee amount.--The Secretary may not guarantee any amount under the Program equal to less than $100,000,000, but the total of all such guarantees in any fiscal year may not exceed $1,000,000,000. ``(g) Servicing of Transactions.-- ``(1) In general.--To maximize efficiencies and minimize cost and interest rates, loans made under this section may be serviced by qualified program administrators, bond servicers, and a master servicer. ``(2) Duties of program administrator.--The duties of a program administrator shall include-- ``(A) approving and qualifying eligible community development financial institution applications for participation in the Program; ``(B) compliance monitoring; ``(C) bond packaging in connection with the Program; and ``(D) all other duties and related services that are customarily expected of a program administrator. ``(3) Duties of servicer.--The duties of a servicer shall include-- ``(A) billing and collecting loan payments; ``(B) initiating collection activities on past-due loans; ``(C) transferring loan payments to the master servicing accounts; ``(D) loan administration and servicing; ``(E) systematic and timely reporting of loan performance through remittance and servicing reports; ``(F) proper measurement of annual outstanding loan requirements; and ``(G) all other duties and related services that are customarily expected of servicers. ``(4) Duties of master servicer.--The duties of a master servicer shall include-- ``(A) tracking the movement of funds between the accounts of the master servicer and any other servicer; ``(B) ensuring orderly receipt of the monthly remittance and servicing reports of the servicer; ``(C) monitoring the collection comments and foreclosure actions; ``(D) aggregating the reporting and distribution of funds to trustees and investors; ``(E) removing and replacing a servicer, as necessary; ``(F) loan administration and servicing; ``(G) systematic and timely reporting of loan performance compiled from all bond servicers' reports; ``(H) proper distribution of funds to investors; and ``(I) all other duties and related services that are customarily expected of a master servicer. ``(h) Fees.-- ``(1) In general.--An issuer that receives a guarantee issued under this section on a bond or note shall pay a fee to the Director, in an amount equal to 30 basis points of the amount of the unpaid principal of the bond or note guaranteed. ``(2) Payment.--An issuer shall pay the fee required under this subsection on a semiannual basis. ``(3) Fund subaccount created.--Fees collected under this subsection shall be-- ``(A) deposited into a separate subaccount in the Fund; ``(B) awarded to eligible community development financial institutions through a competitive grant process, in accordance with sections 103(5) and 105 and regulations issued thereunder, or to an eligible community partnership, in accordance with sections 103(7) and 106 and regulations issued thereunder; ``(C) limited to eligible community or economic development purposes; and ``(D) committed for use by the Fund within 2 years of the date of receipt from the issuer. ``(i) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated, such sums as are necessary to carry out this section. ``(2) Use of fees.--To the extent that the amount of funds appropriated for a fiscal year under paragraph (1) are not sufficient to carry out this section, the Director may use up to 20 percent of the fees collected under subsection (h) for the cost of providing guarantees of bonds and notes under this section before depositing the remainder of the fees into the Fund subaccount established under subsection (h). ``(j) Administration.-- ``(1) Regulations.--Not later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations to carry out this section. ``(2) Implementation.--Not later than 240 days after the date of enactment of this section, the Secretary shall implement this section. ``(k) Termination.--This section is repealed, and the authority provided under this section shall terminate, on September 30, 2012.''.

Full Faith and Credit in Our Communities Act of 2007 - Amends the Community Banking and Financial Institutions Act of 1994 to require the Secretary of the Treasury to guarantee payments on tax-exempt bonds or notes issued by any approved issuer if their proceeds are used to make loans to eligible community development financial institutions: (1) for eligible community or economic development purposes; or (2) to refinance loans or notes issued for such purposes. Lists among such community or economic development purposes, especially in low-income or underserved rural areas, developing or supporting: (1) commercial facilities that promote revitalization, community stability, or job creation or retention; (2) businesses that provide jobs for low-income people or are owned by low-income people, or enhance the availability of products and services to them; (3) community facilities; (4) the provision of basic financial services; and (5) housing that is principally affordable to low-income people. Specifies that assistance used to facilitate homeownership shall only be used for services and lending products that: (1) serve low-income people; and (2) are not provided by other lenders in the area, or complement the services and lending products provided by other lenders that serve the investment area or targeted population. Authorizes an eligible community development financial institution or an issuer to use a bond or note to reduce the interest rate on a loan made by an issuer to an eligible community development financial institution for any community or economic development purpose. Requires each issuer, during the term of a guarantee, to establish a risk-share pool meeting certain criteria. Requires any issuer receiving a guarantee on a bond or note to pay a specified fee to the Director of the Community Development Financial Institutions Fund.

A bill to authorize guarantees for bonds and notes issued for community or economic development purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Decabromine Elimination and Control Act of 2009''. SEC. 2. BAN ON DECABDE, DECABDE MIXTURES, AND DECABDE PRODUCTS. Beginning January 1, 2013, it shall be unlawful for any entity to produce for distribution in commerce, distribute in commerce, import, or export-- (1) decaBDE; (2) decaBDE mixtures; or (3) decaBDE products. SEC. 3. PHASING IN OF BAN. (a) Report of DecaBDE Activity During 2009.--Not later than 90 days after the date of enactment of this Act, each entity who, during 2009, engaged in any activity that will be prohibited under paragraph (1) or (2) of section 2 shall report to the Administrator of the Environmental Protection Agency (hereinafter in this Act referred to as the ``Administrator''), in such form and detail as the Administrator requires in order to carry out this Act, the following: (1) Each such activity engaged in with regard to decaBDE, including the amount of decaBDE used in that activity. (2) Each such activity engaged in with regard to decaBDE mixtures, including the amount of such mixtures used in that activity. (b) Establishment of Quotas for Each Entity.--Not later than 15 days after receiving a report from an entity under subsection (a), the Administrator shall establish an annual quota for that entity for each activity that entity reports, in accordance with the following: (1) For activities with regard to decaBDE, each such annual quota shall be equal to the amount of decaBDE reported to have been used in that activity. (2) For activities with regard to decaBDE mixtures, each such annual quota shall be equal to the amount of such mixtures reported to have been used in that activity. (c) Only Entities With Quotas Able To Engage in Activities.--Not later than 90 days after the date of enactment of this Act, it shall be unlawful for any entity to engage in an activity that will be prohibited under paragraph (1) or (2) of section 2 if the Administrator has not established an annual quota for that entity for that activity. (d) Annual Quotas.--During each year shown on the left column of the table below, it shall be unlawful for any entity to engage in an activity with regard to an amount of decaBDE or decaBDE mixture that exceeds the percentage, shown on the right column of the table below, of the annual quota established for that entity for that activity: 2010................................. 100 percent 2011................................. 66 percent 2012................................. 33 percent. SEC. 4. REPORTING DURING PHASE OUT. Beginning on the date that is 1 year after the date on which an entity reports an activity under section 3(a), that entity shall submit to the Administrator an annual report on that activity, in such manner as the Administrator determines appropriate. SEC. 5. DISCLOSURE OF INFORMATION REGARDING DECABDE PRODUCTS. (a) In General.--Beginning on the date of enactment of this Act, any entity that produces for distribution in commerce, distributes in commerce, imports, or exports decaBDE, decaBDE mixtures, or decaBDE products shall disclose to any entity that receives such decaBDE, decaBDE mixtures, or decaBDE products that such decaBDE, decaBDE mixtures, or decaBDE products contain decaBDE. (b) DecaBDE Products.--Not later than 1 year after the date of enactment of this Act, any entity that produces for distribution in commerce, distributes in commerce, imports, or exports decaBDE products shall disclose to the Administrator any articles that contain decaBDE. SEC. 6. ENFORCEMENT RELATING TO VIOLATIONS. (a) Same Enforcement Mechanism as Used for Violations of Section 15 of the Toxic Substances Control Act.--The same enforcement procedures as would apply to a violation of section 15 of the Toxic Substances Control Act shall apply to each violation of this Act. (b) Rules.-- (1) The Administrator shall make rules to enforce the annual quotas and ban of this Act on the production for distribution in commerce, distribution in commerce, or importation of decaBDE, decaBDE mixtures, or decaBDE products. (2) The President shall exercise the authorities set forth in section 203 of the International Emergency Economic Powers Act, consistent with the requirements of this Act, to enforce the annual quotas and ban of this Act on the exportation of decaBDE, decaBDE mixtures, or decaBDE products. (c) Citizens' Civil Actions.--Any entity may commence a civil action against any other entity that is alleged to be in violation of this Act to restrain such violation. To the extent practicable, such an action shall be handled in the same way as a civil action under section 7002 of the Solid Waste Disposal Act. SEC. 7. EXCEPTIONS. (a) Critical Uses.--A use of decaBDE, decaBDE mixtures, or decaBDE products by the Armed Forces or the aviation industry shall be exempt from the annual quotas or ban imposed by this Act if the Administrator determines that there is not a feasible alternative to such use. Such exemption shall be for a term of 5 years, and the Administrator may renew such exemption only if the Administrator determines that there is not a feasible alternative to such use at the time of such renewal. (b) Recycled Articles.--A recycled article that contains decaBDE shall be exempt from the annual quotas and ban imposed by this Act, unless the Administrator determines by rule that the article poses a threat to public health. (c) Resold Articles.--This Act does not apply with regard to a decaBDE product subsequent to its first sale at retail. (d) Low Concentration Articles.--The Administrator may by rule make exemptions from this Act for articles that contain decaBDE in concentrations that the Administrator determines to be unavoidable due to contamination of the environment by decaBDE. SEC. 8. SAFER ALTERNATIVES. (a) Policy.--DecaBDE shall be replaced by safer alternatives. For the purposes of this section, a ``safer alternative'' means a substitute process, product, material, chemical, strategy, or combination of these that serves a functionally equivalent purpose to decaBDE that, when compared to decaBDE, would reduce the potential for harm to human health or the environment. (b) Replacements.--With regard to a use of decaBDE, decaBDE mixtures, or decaBDE products, no chemical substance (as defined in section 3(2) of the Toxic Substances Control Act), mixture (as defined in section 3(8) of the Toxic Substances Control Act) containing that chemical substance, or article containing that chemical substance may be used in lieu thereof if the Administrator determines that such chemical substance is a persistent, bioaccumulative, and toxic chemical. (c) Studies and Notification.--The Administrator shall require any entity who produces for distribution in commerce a chemical substance that is a substitute for decaBDE to provide the Administrator with all existing information about the hazard and exposure characteristics of the chemical substance that-- (1) is known to, in the possession or control of, or reasonably ascertainable by the entity; and (2) has not previously been submitted to the Administrator. The Administrator shall require any such entity to notify the Administrator not less than 90 days before new or existing chemicals are introduced into interstate commerce for significant new uses as substitutes for decaBDE. SEC. 9. REPORT TO CONGRESS. The Administrator shall monitor, and, not later than December 31, 2014, submit a report to Congress on, the production, use, and consumption of decaBDE. Such report shall include data on production, use, and consumption of decaBDE in the United States and on the environmental and economic effects of decaBDE. SEC. 10. RELATION TO OTHER LAWS. Nothing in this Act affects the right of a State or local government to adopt or enforce any regulation, requirement, or liability that is more stringent than a regulation, requirement, or liability established by this Act. SEC. 11. DEFINITIONS. In this Act: (1) The term ``decaBDE'' means decabromodiphenyl ether, CAS No. 1163-19-5, either pure or in commercial mixtures which are predominantly decabromodiphenyl ether. (2) The term ``decaBDE mixture'' means any mixture (as defined in section 3(8) of the Toxic Substances Control Act) containing decaBDE. (3) The term ``decaBDE product'' means any article containing decaBDE. (4) The terms ``distribute in commerce'' and ``distribution in commerce'' have the meanings given such terms in section 3(4) of the Toxic Substances Control Act. (5) The term ``export'' means to engage in any of the actions that the President has authority over under section 203 of the International Emergency Economic Powers Act. (6) The term ``first sale at retail'' means, with regard to an article, the first occasion on which that article is sold to an end user.

Decabromine Elimination and Control Act of 2009 - Makes it unlawful, beginning January 1, 2013, to produce for distribution in commerce, distribute in commerce, import, or export decabromodiphenyl ether, CAS No. 1163-19-5, either pure or in commercial mixtures which are predominantly decabromodiphenyl ether (decaBDE) or decaBDE mixtures or products. Phases in such ban through a series of annual quotas through 2012. Requires each entity that engaged in such decaBDE activities during 2009 to report on them, including the amount of decaBDE and decaBDE mixtures used, and to then report annually. Requires an entity that engages in decaBDE activities to: (1) disclose to any entity that receives decaBDE, decaBDE mixtures, or decaBDE products that these contain decaBDE; and (2) disclose to the Administrator of the Environmental Protection Agency (EPA) any articles that contain decaBDE. Applies to violations of this Act the enforcement procedures applicable to violations of the Toxic Substances Control Act (TSCA). Allows citizens' civil actions to restrain violations. Provides exceptions from the restrictions imposed by this Act relating to critical uses, recycled articles, resale, and low-concentration articles. States as policy that decaBDE shall be replaced by safer alternatives and prohibits use of any alternative determined to contain a chemical substance that is a persistent, bioaccumulative, and toxic chemical. Directs the Administrator to: (1) require any entity that produces a chemical substance that is a substitute for decaBDE to provide all existing information about the hazard and exposure characteristics of the chemical substance that is known to, in the possession or control of, or reasonably ascertainable by the entity and that has not previously been submitted; and (2) require any such entity to notify the Administrator at least 90 days before new or existing chemicals are introduced into interstate commerce for significant new uses as decaBDE substitutes.

To provide for a phased ban on decabrominated diphenylether and mixtures or products containing that chemical, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Appalachian Regional Development Act Amendments of 2008''. SEC. 2. LIMITATION ON AVAILABLE AMOUNTS; MAXIMUM COMMISSION CONTRIBUTION. (a) Grants and Other Assistance.--Section 14321(a) of title 40, United States Code, is amended-- (1) in paragraph (1)(A) by striking clause (i) and inserting the following: ``(i) the amount of the grant shall not exceed-- ``(I) 50 percent of administrative expenses; ``(II) at the discretion of the Commission, if the grant is to a local development district that has a charter or authority that includes the economic development of a county or a part of a county for which a distressed county designation is in effect under section 14526, 75 percent of administrative expenses; or ``(III) at the discretion of the Commission, if the grant is to a local development district that has a charter or authority that includes the economic development of a county or a part of a county for which an at-risk county designation is in effect under section 14526, 70 percent of administrative expenses;''; and (2) in paragraph (2) by striking subparagraph (A) and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), of the cost of any activity eligible for financial assistance under this section, not more than-- ``(i) 50 percent may be provided from amounts appropriated to carry out this subtitle; ``(ii) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this subtitle; or ``(iii) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this subtitle.''. (b) Demonstration Health Projects.--Section 14502 of title 40, United States Code, is amended-- (1) in subsection (d) by striking paragraph (2) and inserting the following: ``(2) Limitation on available amounts.--Grants under this section for the operation (including initial operating amounts and operating deficits, which include the cost of attracting, training, and retaining qualified personnel) of a demonstration health project, whether or not constructed with amounts authorized to be appropriated by this section, may be made for up to-- ``(A) 50 percent of the cost of that operation; ``(B) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of the cost of that operation; or ``(C) in the case of a project to be carried out for a county for which an at-risk county designation is in effect under section 14526, 70 percent of the cost of that operation.''; and (2) in subsection (f)-- (A) in paragraph (1) by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (B) by adding at the end the following: ``(3) At-risk counties.--The maximum Commission contribution for a project to be carried out in a county for which an at-risk county designation is in effect under section 14526 may be increased to the lesser of-- ``(A) 70 percent; or ``(B) the maximum Federal contribution percentage authorized by this section.''. (c) Assistance for Proposed Low- and Middle-Income Housing Projects.--Section 14503 of title 40, United States Code, is amended-- (1) in subsection (d) by striking paragraph (1) and inserting the following: ``(1) Limitation on available amounts.--A loan under subsection (b) for the cost of planning and obtaining financing (including the cost of preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site options, application and mortgage commitment fees, legal fees, and construction loan fees and discounts) of a project described in that subsection may be made for up to-- ``(A) 50 percent of that cost; ``(B) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of that cost; or ``(C) in the case of a project to be carried out for a county for which an at-risk county designation is in effect under section 14526, 70 percent of that cost.''; and (2) in subsection (e) by striking paragraph (1) and inserting the following: ``(1) In general.--A grant under this section for expenses incidental to planning and obtaining financing for a project under this section that the Secretary considers to be unrecoverable from the proceeds of a permanent loan made to finance the project shall-- ``(A) not be made to an organization established for profit; and ``(B) except as provided in paragraph (2), not exceed-- ``(i) 50 percent of those expenses; ``(ii) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of those expenses; or ``(iii) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent of those expenses.''. (d) Telecommunications and Technology Initiative.--Section 14504 of title 40, United States Code, is amended by striking subsection (b) and inserting the following: ``(b) Limitation on Available Amounts.--Of the cost of any activity eligible for a grant under this section, not more than-- ``(1) 50 percent may be provided from amounts appropriated to carry out this section; ``(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; or ``(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.''. (e) Entrepreneurship Initiative.--Section 14505 of title 40, United States Code, is amended by striking subsection (c) and inserting the following: ``(c) Limitation on Available Amounts.--Of the cost of any activity eligible for a grant under this section, not more than-- ``(1) 50 percent may be provided from amounts appropriated to carry out this section; ``(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; or ``(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.''. (f) Regional Skills Partnerships.--Section 14506 of title 40, United States Code, is amended by striking subsection (d) and inserting the following: ``(d) Limitation on Available Amounts.--Of the cost of any activity eligible for a grant under this section, not more than-- ``(1) 50 percent may be provided from amounts appropriated to carry out this section; ``(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; or ``(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.''. (g) Supplements to Federal Grant Programs.--Section 14507(g) of title 40, United States Code, is amended-- (1) in paragraph (1) by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following: ``(3) At-risk counties.--The maximum Commission contribution for a project to be carried out in a county for which an at-risk county designation is in effect under section 14526 may be increased to 70 percent.''. SEC. 3. ECONOMIC AND ENERGY DEVELOPMENT INITIATIVE. (a) In General.--Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ``Sec. 14508. Economic and energy development initiative ``(a) Projects To Be Assisted.--The Appalachian Regional Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts to persons or entities in the Appalachian region for projects and activities-- ``(1) to promote energy efficiency in the Appalachian region to enhance the economic competitiveness of the Appalachian region; ``(2) to increase the use of renewable energy resources, particularly biomass, in the Appalachian region to produce alternative transportation fuels, electricity, and heat; and ``(3) to support the development of regional, conventional energy resources to produce electricity and heat through advanced technologies that achieve a substantial reduction in emissions, including greenhouse gases, over the current baseline. ``(b) Limitation on Available Amounts.--Of the cost of any activity eligible for a grant under this section, not more than-- ``(1) 50 percent may be provided from amounts appropriated to carry out this section; ``(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; or ``(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section. ``(c) Sources of Assistance.--Subject to subsection (b), grants provided under this section may be provided from amounts made available to carry out this section in combination with amounts made available under other Federal programs or from any other source. ``(d) Federal Share.--Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Commission decides is appropriate.''. (b) Conforming Amendment.--The analysis for chapter 145 of title 40, United States Code, is amended by inserting after the item relating to section 14507 the following: ``14508. Economic and energy development initiative.''. SEC. 4. DISTRESSED, AT-RISK, AND ECONOMICALLY STRONG COUNTIES. (a) Designation of At-Risk Counties.--Section 14526 of title 40, United States Code, is amended-- (1) in the section heading by inserting ``, at-risk,'' after ``Distressed''; and (2) in subsection (a)(1)-- (A) by redesignating subparagraph (B) as subparagraph (C); (B) in subparagraph (A) by striking ``and'' at the end; and (C) by inserting after subparagraph (A) the following: ``(B) designate as `at-risk counties' those counties in the Appalachian region that are most at risk of becoming economically distressed; and''. (b) Conforming Amendment.--The analysis for chapter 145 of such title is amended by striking the item relating to section 14526 and inserting the following: ``14526. Distressed, at-risk, and economically strong counties.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Section 14703(a) of title 40, United States Code, is amended to read as follows: ``(a) In General.--In addition to amounts made available under section 14501, there is authorized to be appropriated to the Appalachian Regional Commission to carry out this subtitle-- ``(1) $87,000,000 for fiscal year 2008; ``(2) $100,000,000 for fiscal year 2009; ``(3) $105,000,000 for fiscal year 2010; ``(4) $108,000,000 for fiscal year 2011; and ``(5) $110,000,000 for fiscal year 2012.''. (b) Economic and Energy Development Initiative.--Section 14703(b) of such title is amended to read as follows: ``(b) Economic and Energy Development Initiative.--Of the amounts made available under subsection (a), the following amounts may be used to carry out section 14508-- ``(1) $12,000,000 for fiscal year 2008; ``(2) $12,500,000 for fiscal year 2009; ``(3) $13,000,000 for fiscal year 2010; ``(4) $13,500,000 for fiscal year 2011; and ``(5) $14,000,000 for fiscal year 2012.''. (c) Allocation of Funds.--Section 14703 of such title is amended by adding at the end the following: ``(d) Allocation of Funds.--Funds approved by the Appalachian Regional Commission for a project in a State in the Appalachian region pursuant to a congressional directive shall be derived from the total amount allocated to the State by the Appalachian Regional Commission from amounts appropriated to carry out this subtitle.''. SEC. 6. TERMINATION. Section 14704 of title 40, United States Code, is amended by striking ``2007'' and inserting ``2012''. SEC. 7. ADDITIONS TO APPALACHIAN REGION. (a) Kentucky.--Section 14102(a)(1)(C) of title 40, United States Code, is amended-- (1) by inserting ``Metcalfe,'' after ``Menifee,''; (2) by inserting ``Nicholas,'' after ``Morgan,''; and (3) by inserting ``Robertson,'' after ``Pulaski,''. (b) Ohio.--Section 14102(a)(1)(H) of such title is amended-- (1) by inserting ``Ashtabula,'' after ``Adams,''; (2) by inserting ``Mahoning,'' after ``Lawrence,''; and (3) by inserting ``Trumbull,'' after ``Scioto,''. (c) Tennessee.--Section 14102(a)(1)(K) of such title is amended by inserting ``Lawrence, Lewis,'' after ``Knox,''. (d) Virginia.--Section 14102(a)(1)(L) of such title is amended-- (1) by inserting ``Henry,'' after ``Grayson,''; and (2) by inserting ``Patrick,'' after ``Montgomery,''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Appalachian Regional Development Act Amendments of 2008- Limits the amount of Appalachian regional development grants and loans for projects in at-risk counties to 70% of project costs. Directs the Appalachian Regional Commission to designate as "at-risk" those counties in the Appalachian region that are most at risk of becoming economically distressed. Authorizes the Commission to provide technical assistance, provide grants, enter into contracts, or otherwise provide amounts to entities in the region for projects and activities to: (1) promote energy efficiency; (2) increase the use of renewable energy resources; and (3) support the development of regional, conventional energy resources to produce electricity and heat through advanced technologies. Authorizes appropriations to the Commission through FY2012, with specified amounts designated for the economic and energy development initiative. Requires funds approved by the Commission for a project in an Appalachian state pursuant to a congressional directive to be derived from the amount allocated to that state. Extends the termination date of the Appalachian Regional Development Act of 1965 until October 1, 2012. Adds to the Appalachian region the counties of: (1) Metcalfe, Nicholas, and Robertson in Kentucky; (2) Ashtabula, Mahoning, and Trumbull in Ohio; (3) Lawrence and Lewis in Tennessee; and (4) Henry and Patrick in Virginia.

A bill to reauthorize and improve the program authorized by the Appalachian Regional Development Act of 1965.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating BDS Act of 2017''. SEC. 2. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL. (a) State and Local Measures.--Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (b) to divest the assets of the State or local government from, prohibit investment of the assets of the State or local government in, or restrict contracting by the State or local government for goods and services with-- (1) an entity that the State or local government determines, using credible information available to the public, knowingly engages in a commerce-related or investment-related boycott, divestment, or sanctions activity targeting Israel; (2) a successor entity or subunit of an entity described in paragraph (1); or (3) an entity that owns or controls, is owned or controlled by, or is under common ownership or control with, an entity described in paragraph (1). (b) Requirements.--A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice.--The State or local government shall provide written notice to each entity to which a measure under subsection (a) is to be applied. (2) Timing.--The measure shall apply to an entity not earlier than the date that is 90 days after the date on which written notice is provided to the entity under paragraph (1). (3) Opportunity for comment.--The State or local government shall provide an opportunity to comment in writing to each entity to which a measure is to be applied. If the entity demonstrates to the State or local government that the entity has not engaged in a commerce-related or investment-related boycott, divestment, or sanctions activity targeting Israel, the measure shall not apply to the entity. (4) Sense of congress on avoiding erroneous targeting.--It is the sense of Congress that a State or local government should not adopt a measure under subsection (a) with respect to an entity unless the State or local government has made every effort to avoid erroneously targeting the entity and has verified that the entity engages in a commerce-related or investment-related boycott, divestment, or sanctions activity targeting Israel. (c) Notice to Department of Justice.-- (1) In general.--Except as provided in paragraph (2), not later than 30 days after adopting a measure described in subsection (a), the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure. (2) Existing measures.--With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. (d) Nonpreemption.--A measure of a State or local government that is consistent with subsection (a) is not preempted by any Federal law. (e) Effective Date.--This section applies to any measure adopted by a State or local government before, on, or after the date of the enactment of this Act. (f) Prior Enacted Measures.-- (1) In general.--Notwithstanding any other provision of this section or any other provision of law, and except as provided in paragraph (2), a State or local government may enforce a measure described in subsection (a) adopted by the State or local government before the date of the enactment of this Act without regard to the requirements of subsection (b). (2) Application of notice and opportunity for comment.--A measure described in paragraph (1) shall be subject to the requirements of subsection (b) on and after the date that is 2 years after the date of the enactment of this Act. (g) Rules of Construction.-- (1) Authority of states.--Nothing in this section shall be construed to abridge the authority of a State to issue and enforce rules governing the safety, soundness, and solvency of a financial institution subject to its jurisdiction or the business of insurance pursuant to the Act of March 9, 1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly known as the ``McCarran-Ferguson Act''). (2) Policy of the united states.--Nothing in this section shall be construed to alter the established policy of the United States concerning final status issues associated with the Arab-Israeli conflict, including border delineation, that can only be resolved through direct negotiations between the parties. (3) Scope of nonpreemption.--Nothing in this section shall be construed as establishing a basis for preempting or implying preemption of State measures relating to boycott, divestment, or sanctions activity targeting Israel that are outside the scope of subsection (a). (h) Definitions.--In this section: (1) Assets.-- (A) In general.--Except as provided in subparagraph (B), the term ``assets'' means any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. (B) Exception.--The term ``assets'' does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). (2) Boycott, divestment, or sanctions activity targeting israel.--The term ``boycott, divestment, or sanctions activity targeting Israel'' means any activity that is intended to penalize, inflict economic harm on, or otherwise limit commercial relations with Israel or persons doing business in Israel or in Israeli-controlled territories for purposes of coercing political action by, or imposing policy positions on, the Government of Israel. (3) Entity.--The term ``entity'' includes-- (A) any corporation, company, business association, partnership, or trust; and (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))). (4) Investment.--The term ``investment'' includes-- (A) a commitment or contribution of funds or property; (B) a loan or other extension of credit; and (C) the entry into or renewal of a contract for goods or services. (5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. (6) State or local government.--The term ``State or local government'' includes-- (A) any State and any agency or instrumentality thereof; (B) any local government within a State and any agency or instrumentality thereof; and (C) any other governmental instrumentality of a State or locality. SEC. 3. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS. Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) engage in any boycott, divestment, or sanctions activity targeting Israel described in section 2 of the Combating BDS Act of 2017.''.

Combating BDS Act of 2017 This bill allows a state or local government to adopt and enforce measures to divest its assets from, prohibit investment of its assets in, or restrict contracting with: (1) an entity that engages in a commerce- or investment-related boycott, divestment, or sanctions activity targeting Israel; or (2) an entity that owns or controls, is owned or controlled by, or is under common ownership or control with such an entity. Such measures are not preempted by federal law. A state or local government that seeks to adopt or enforce such measures shall comply with specified requirements related to notice, timing, and opportunity for comment. In addition, the bill amends the Investment Company Act of 1940 to prohibit a person from bringing any civil, criminal, or administrative action against a registered investment company based solely upon that company's divestment from securities issued by a person that engages in a commerce- or investment-related boycott, divestment, or sanctions activity targeting Israel.

Combating BDS Act of 2017

SECTION 1. ACTION PLAN ON RECOMMENDATIONS FOR CHANGES UNDER MEDICARE AND MEDICAID TO PREVENT OPIOIDS ADDICTIONS AND ENHANCE ACCESS TO MEDICATION-ASSISTED TREATMENT. (a) In General.--Not later than January 1, 2019, the Secretary of Health and Human Services (in this section referred to as the ``Secretary''), in collaboration with the Pain Management Best Practices Inter-Agency Task Force convened under section 101(b) of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198), shall develop an action plan that provides recommendations described in subsection (b). (b) Action Plan Components.--Recommendations provided under the action plan under subsection (a) shall include recommendations on the following: (1) Recommendations on changes to the Medicare program under title XVIII of the Social Security Act and the Medicaid program under title XIX of such Act that would enhance coverage and reimbursement under such programs of all medication- assisted treatment approved by the Food and Drug Administration for the treatment of opioid addiction and other therapies that manage chronic and acute pain and treat and minimize risk of opioid addiction, including recommendations on changes to the Medicare prospective payment system for hospital inpatient department services under section 1886(d) of such Act (42 U.S.C. 1395ww(d)) and the Medicare prospective payment system for hospital outpatient department services under section 1833(t) of such Act (42 U.S.C. 1395l(t)) that would allow for separate reimbursement for such therapies to encourage development and adoption of such therapies, if medically appropriate. (2) Recommendations for payment and service delivery models to be tested by the Center for Medicare and Medicaid Innovation and other federally authorized demonstration projects, including value-based models, that may encourage the use of appropriate medication-assisted treatment approved by the Food and Drug Administration for the treatment of opioid addiction and other therapies that manage chronic and acute pain and treat and minimize risk of opioid addiction. (3) Recommendations for data collection that can facilitate research and policy making regarding prevention of opioid addiction and coverage and reimbursement under the Medicare program and the Medicaid program of appropriate opioid addiction treatments. (4) Recommendations for provider education that can expand patient access to the full range of medication-assisted treatment approved by the Food and Drug Administration for the treatment of opioid addiction and other therapies that manage chronic and acute pain and treat and minimize risk of opioid addiction. (5) Recommendations for policies under the Medicare program and under the Medicaid program that can expand access for rural, or medically underserved communities to the full range of medication-assisted treatment approved by the Food and Drug Administration for the treatment of opioid addiction and other therapies that manage chronic and acute pain and treatment and minimize risk of opioid addiction. (c) Stakeholder Meetings.-- (1) In general.--Beginning not later than 3 months after the date of the enactment of this Act, the Secretary shall convene a public stakeholder meeting to solicit public comment on the components of the action plan recommendations described in subsection (b). (2) Participants.--Participants of meetings described in paragraph (1) shall include representatives from the Food and Drug Administration and National Institutes of Health, biopharmaceutical industry members, medical researchers, health care providers, the medical device industry, the Medicare program, the Medicaid program, and patient advocates. (d) Request for Information.--Not later than 3 months after the date of the enactment of this section, the Secretary shall issue a request for information seeking public feedback regarding ways in which the Centers for Medicare & Medicaid Services can help address the opioid crisis through the development of and application of the action plan. (e) Report to Congress.--Not later than March 1, 2019, the Secretary shall submit to Congress, and make public, a report that includes a summary of steps taken under the action plan, recommendations that have emerged under the action plan, and the Secretary's planned next steps with respect to the action plan. (f) Definition of Medication-Assisted Treatment.--In this section, the term ``medication-assisted treatment'' includes opioid treatment programs, behavioral therapy, and medications to treat substance abuse disorder. SEC. 2. REPORT ON COVERAGE, CODING, AND REIMBURSEMENT POLICIES UNDER MEDICARE. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall-- (1) identify-- (A) medical devices that are non-opioid based treatments approved by the Food and Drug Administration for the management of acute pain and chronic pain; (B) medical devices that are non-opioid based treatments approved by the Food and Drug Administration that monitor substance use withdrawal and prevent overdoses of controlled substances; and (C) medical devices that are non-opioid based treatments approved by the Food and Drug Administration that treat substance use disorder; and (2) submit to the Committee on Finance of the Senate and the Committees on Ways and Means and Energy and Commerce of the House of Representatives, and publish on a public Internet website of the Department of Health and Human Services, a report containing recommendations on ways to encourage the use of such medical devices by individuals entitled to benefits under part A of title XVIII of the Social Security Act and enrolled under part B of such title (including individuals enrolled in a Medicare Advantage plan under part C of such title or in a prescription drug plan under part D of such title) and individuals enrolled under a State plan under title XIX of such Act. (b) Contents.--The report under subsection (a) shall include an analysis of the following, with respect to the Medicare program under title XVIII of the Social Security Act and the Medicaid program under title XIX of such Act: (1) Various opioid alternatives for pain treatment that are covered under such programs, that are not covered under such programs, that have limited coverage under such program, or with respect to which there are payment barriers under such programs. (2) Various medical devices that monitor substance use withdrawal and prevent overdose of controlled substances that are covered so covered, that are not so covered, that have such limited coverage, or with respect to which there are such payment barriers. (3) Various medical devices that treat substance use disorder and opioid use disorder that are so covered, that are not so covered, that have such limited coverage, or with respect to which there are such payment barriers. (4) Access to payment codes used by health care providers that promote alternative options for pain management therapies without the use of opioids, including minimally invasive pain therapies. (5) Ways to improve communications between Medicare prescription drug plans and Medicare Advantage plans, Medicare and Medicaid health care providers, and Medicare beneficiaries and Medicaid beneficiaries on the potential harm associated with the use of opioids and other controlled substances, including the need to safely store and dispose of supplies relating to the use of opioids and other controlled substances.

This bill requires the Centers for Medicare & Medicaid Services (CMS) to develop an action plan to provide recommendations on changes to the Medicare and Medicaid programs to enhance: (1) the treatment and prevention of opioid addiction, and (2) the coverage and reimbursement of medication-assisted treatment for opioid addiction. The CMS must convene a stakeholder meeting to solicit public comment on the action plan.

A bill to require the Secretary of Health and Human Services to provide for an action plan on recommendations for changes under Medicare and Medicaid to prevent opioids addictions and enhance access to medication-assisted treatment, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Forever Act of 2005''. SEC. 2. TAX IMPOSED ON WAGES IN EXCESS OF CONTRIBUTION AND BENEFIT BASE. (a) Tax on Employees.--Section 3101 of the Internal Revenue Code of 1986 (relating to rate of tax) is amended by adding at the end the following new subsection: ``(d) Wages Received in Excess of Contribution and Benefit Base.-- In addition to the taxes imposed by subsections (a) and (b) and notwithstanding subsection (c), there is hereby imposed on the income of every individual a tax equal to 3 percent of the excess (if any) of-- ``(1) the wages (as defined in section 3121(a)) received by him with respect to employment (as defined in section 3121(b)) during the calendar year, over ``(2) so much of such wages as does not exceed the contribution and benefit base, as determined under section 230 of the Social Security Act for such calendar year.''. (b) Tax on Employers.--Section 3111 of such Code (relating to rate of tax) is amended by adding at the end the following new subsection: ``(d) Wages Paid in Excess of Contribution and Benefit Base.--In addition to the taxes imposed by subsections (a) and (b) and notwithstanding subsection (c), there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 3 percent of the excess (if any) of-- ``(1) the wages (as defined in section 3121(a)) paid by him with respect to employment (as defined in section 3121(b)) during the calendar year, over ``(2) so much of such wages as does not exceed the contribution and benefit base, as determined under section 230 of the Social Security Act for such calendar year.''. (c) Railroad Retirement.-- (1) Tax on employees.--Section 3201 of such Code (relating to rate of tax) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Wages Received in Excess of Contribution and Benefit Base.-- In addition to other taxes, there is hereby imposed on the income of each employee a tax equal to 3 percent of the excess (if any) of-- ``(1) the compensation (determined without regard to section 3231(e)(2)) received during any calendar year by such employee for services rendered by such employee, over ``(2) so much of such compensation as does not exceed the contribution and benefit base, as determined under section 230 of the Social Security Act for such calendar year.''. (2) Tax on employee representatives.--Section 3211 of such Code (relating to rate of tax) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Wages Received in Excess of Contribution and Benefit Base.-- In addition to other taxes, there is hereby imposed on the income of each employee representative a tax equal to 3 percent of the excess (if any) of-- ``(1) the compensation (determined without regard to section 3231(e)(2)) received during any calendar year by such employee representative for services rendered by such employee representative, over ``(2) so much of such compensation as does not exceed the contribution and benefit base, as determined under section 230 of the Social Security Act for such calendar year.''. (3) Tax on employers.--Section 3221 of such Code (relating to rate of tax) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Wages Paid in Excess of Contribution and Benefit Base.--In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 3 percent of the excess (if any) of-- ``(1) the compensation (determined without regard to section 3231(e)(2)) paid during any calendar year by such employer for services rendered to such employer, over ``(2) so much of such compensation as does not exceed the contribution and benefit base, as determined under section 230 of the Social Security Act for such calendar year.''. (d) Tax on Self-Employment Income.--Section 1401 of such Code (relating to rate of tax) is amended by adding at the end the following new subsection: ``(d) Wages Received in Excess of Contribution and Benefit Base.-- In addition to the taxes imposed by subsections (a) and (b) and notwithstanding subsection (c), there shall be imposed for each taxable year, on the self-employment income of every individual, a tax equal to 6 percent of the excess (if any) of-- ``(1) the self-employment income for such taxable year, over ``(2) so much of such self-employment income as does not exceed the contribution and benefit base, as determined under section 230 of the Social Security Act, which is effective for the calendar year in which such taxable year begins.''. (e) Conforming Amendments.-- (1) Section 24(d)(2)(A) of such Code is amended-- (A) in clause (i) by inserting ``(other than subsection (d) thereof)'' after ``3101'', and (B) in clause (ii) by inserting ``(other than subsection (d) thereof)'' after ``1401''. (2) Section 45B(b)(1) of such Code is amended by inserting ``(other than subsection (d) thereof)'' after ``section 3111''. (3) Section 406(b)(2)(B) of such Code is amended by inserting ``(other than subsection (d) thereof)'' after ``3101''. (4) Section 3121(l)(1)(A) of such Code is amended by striking ``sections 3101 and 3111'' and inserting ``sections 3101 (other than subsection (d) thereof) and 3111 (other than subsection (d) thereof)''. (5) Section 6051(a)(6) of such Code is amended by inserting ``(stated separately with respect to the taxes imposed by subsections (a), (b), and (d) thereof)''. (6) Section 6053(b) of such Code is amended-- (A) by striking ``section 3101 or section 3201'' and inserting ``section 3101 (without regard to subsection (d) thereof) or section 3201 (without regard to subsection (d) thereof)'', and (B) by inserting ``with respect to sections 3101(a) and (b) and 3201(a) and (b)'' after ``as the case may be'' the second place it appears. (f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to remuneration paid after December 31, 2005. (2) Self-employment income.--The amendment made by subsection (d) shall apply to taxable years beginning after December 31, 2005. SEC. 3. POINT OF ORDER AGAINST DIRECT SPENDING OR REVENUE LEGISLATION THAT IS NOT FULLY OFFSET. (a) Point of Order.--Section 401 of the Congressional Budget Act of 1974 is amended by adding at the end the following: ``(d) Pay-as-You-Go Rule.-- ``(1) Point of order.-- ``(A) In general.--Notwithstanding any other provision law, it shall not be in order in the Senate or the House of Representatives to consider any direct spending or revenue legislation that would decrease a unified-budget surplus or cause or increase a unified- budget deficit, for any applicable time period. ``(B) Applicable time period.--For purposes of subparagraph (A), the term `applicable time period' means any of the following three periods: ``(i) The current year and the budget year. ``(ii) The current year and the five subsequent fiscal years. ``(iii) The five fiscal years following the period described in clause (ii). ``(C) Exclusion.--For purposes of this paragraph, the terms `direct-spending legislation' and `revenue legislation' do not include any provision of legislation that affects the full funding of, and continuation of, the deposit insurance guarantee commitment in effect on the date of the enactment of the Social Security Forever Act of 2005. ``(D) Calculations.--Calculations prepared pursuant to this paragraph shall employ the baseline used for the most recently adopted concurrent resolution on the budget. ``(E) Use of enacted savings.--If direct spending or revenue legislation decreases a unified-budget surplus or causes or increases a unified-budget deficit when taken individually, then it must also do so when taken together with all direct spending and revenue legislation enacted since the beginning of the calendar year not accounted for in the baseline under subparagraph (D). ``(2) War.--The current-year and budget-year costs of legislation shall not be counted for purposes of paragraph (1) whenever a declaration of war is in effect. ``(3) Recession.--Paragraph (1) shall not apply to any legislation all of whose provisions expire within 18 months of enactment if Congress declares by concurrent resolution or statute, and the president independently declares by proclamation, that the economy is suffering from the current or lingering effects of a recession.''. (b) Waivers and Appeals.--Section 904 of the Congressional Budget Act of 1974 is amended by adding ``401(d),'' after ``313,'' in subsection (c) and in subsection (d). (c) Effective Date.--The amendments made by this section shall take efect the day after their enactment, and any tax or entitlement legislation enacted before the effective date of such amendments, including the provisions of section 2, shall not count for purposes of determining compliance with this section. SEC. 4. SIGNATURES ON TREASURY SECURITIES. (a) In General.--Subchapter II of chapter 31 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 3131. Signatures on obligations issued or guaranteed under this chapter ``Every obligation issued or guaranteed under the authority of this chapter shall bear a facsimile of the signatures of the President of the United States and the Secretary of the Treasury.''. (b) Clerical Amendment.--The table of sections for chapter 31, United States Code, is amended by adding after the item relating to section 3130 the following new item: ``3131. Signatures on obligations issued or guaranteed under this chapter.''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued after 3 months after the date of the enactment of this Act.

Social Security Forever Act of 2005 - Amends the Internal Revenue Code to impose on employers, employees, and self-employed individuals an additional employment tax for wages in excess of the social security contribution and benefit base. Declares that it is not in order in the Senate or the House of Representatives to consider any direct spending or revenue legislation that would decrease a unified-budget surplus or cause or increase a unified-budget deficit. Makes exceptions for legislation affecting full funding of deposit insurance guarantee commitments, and for periods of war or recession. Requires all Treasury securities to bear a facsimile of the signatures of the President and the Secretary of the Treasury.

To amend the Internal Revenue Code of 1986 to impose a tax on the amount of wages in excess of the contribution and benefit base, to extend the pay-as-you-go requirement of the Balanced Budget and Emergency Deficit Control Act of 1985, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Fill the Medicare Rx Gap Act of 2006''. SEC. 2. INCLUDING COSTS INCURRED BY THE INDIAN HEALTH SERVICE, A FEDERALLY QUALIFIED HEALTH CENTER, AN AIDS DRUG ASSISTANCE PROGRAM, CERTAIN HOSPITALS, OR A PHARMACEUTICAL MANUFACTURER PATIENT ASSISTANCE PROGRAM IN PROVIDING PRESCRIPTION DRUGS TOWARD THE ANNUAL OUT OF POCKET THRESHOLD UNDER PART D. (a) In General.--Section 1860D-2(b)(4)(C) of the Social Security Act (42 U.S.C. 1395w-102(b)(4)(C)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) in clause (ii)-- (A) by striking ``such costs shall be treated as incurred only if'' and inserting ``subject to clause (iii), such costs shall be treated as incurred if''; (B) by striking ``, under section 1860D-14, or under a State Pharmaceutical Assistance Program''; and (C) by striking the period at the end and inserting ``; and''; and (3) by inserting after clause (ii) the following new clause: ``(iii) such costs shall be treated as incurred and shall not be considered to be reimbursed under clause (ii) if such costs are borne or paid-- ``(I) under section 1860D-14; ``(II) under a State Pharmaceutical Assistance Program; ``(III) by the Indian Health Service, an Indian tribe or tribal organization, or an urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act); ``(IV) by a federally qualified health center (as defined in section 1861(aa)(4)); ``(V) under an AIDS Drug Assistance Program under part B of title XXVI of the Public Health Service Act; ``(VI) by a subsection (d) hospital (as defined in section 1886(d)(1)(B)) that meets the requirements of clauses (i) and (ii) of section 340B(a)(4)(L) of the Public Health Service Act; or ``(VII) by a pharmaceutical manufacturer patient assistance program, either directly or through the distribution or donation of covered part D drugs, which shall be valued at the negotiated price of such covered part D drug under the enrollee's prescription drug plan or MA-PD plan as of the date that the drug was distributed or donated.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to costs incurred on or after January 1, 2006. SEC. 3. PROVIDING A SAFE HARBOR FOR PHARMACEUTICAL MANUFACTURER PATIENT ASSISTANCE PROGRAMS. (a) Safe Harbor.--Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended-- (1) in subparagraph (G), by striking ``and'' at the end; (2) in subparagraph (H), as added by section 237(d) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2213)-- (A) by moving such subparagraph 2 ems to the left; and (B) by striking the period at the end and inserting a semicolon; (3) by redesignating subparagraph (H), as added by section 431(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2287), as subparagraph (I); (4) in subparagraph (I), as so redesignated-- (A) by moving such subparagraph 2 ems to the left; and (B) by striking the period at the end and inserting ``; and''; and (5) by adding at the end the following new subparagraph: ``(J) any remuneration paid by a pharmaceutical manufacturer patient assistance program, either in cash or through the distribution or donation of covered Part D drugs (as defined in section 1860D-2(e)), to an individual enrolled in a prescription drug plan under part D of title XVIII or in an MA-PD plan under part C of such title.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to remuneration paid on or after January 1, 2006.

Helping Fill the Medicare Rx Gap Act of 2006 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA), with respect to the annual out of pocket threshold, to count costs incurred in providing prescription drugs by the Indian Health Service, a federally-qualified health center, an AIDS drug assistance program, certain hospitals, or a pharmaceutical manufacturer patient assistance program. Amends SSA title XI, with respect to criminal penalties for certain illegal remunerations, to exclude from prohibited remunerations (provide safe harbor for) any remuneration paid by a pharmaceutical manufacturer patient assistance program, either in cash or through the distribution or donation of covered Part D drugs, to an individual enrolled in a Part D plan or a Medicare Advantage Prescription Drug (MA-PD) plan under SSA title XVIII part C.

To include costs incurred by the Indian Health Service, a federally qualified health center, an AIDS drug assistance program, certain hospitals, or a pharmaceutical manufacturer patient assistance program in providing prescription drugs toward the annual out of pocket threshold under part D of title XVIII of the Social Security Act and to provide a safe harbor for assistance provided under a pharmaceutical manufacturer patient assistance program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workplace Safety and Health Transparency Act of 2006''. SEC. 2. ADOPTION OF NONGOVERNMENTAL STANDARDS UNDER THE OCCUPATIONAL HEALTH AND SAFETY ACT. (a) Adoption by OSHA.--The Occupational Health and Safety Act of 1970 (29 U.S.C. 651 et seq.) is amended by adding after section 6 the following: ``adoption of nongovernmental standards ``Sec. 6A. (a) Effective on the date of enactment of this section, the Secretary shall not promulgate or incorporate by reference any finding, guideline, standard, limit, rule, or regulation based on a determination reached by any organization, unless the Secretary affirmatively finds that such determination-- ``(1) has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the Secretary that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption; ``(2) was formulated in a manner which afforded an opportunity for diverse views to be considered; and ``(3) has been designated as such a standard by the Secretary, after consultation with other appropriate Federal agencies. Such finding and a summary of its basis shall be published in the Federal Register and shall be considered a final action subject to review by a United States District Court in accordance with section 706 of title 5, United States Code. ``(b) With respect to rulemaking proceedings initiated by the Secretary but not finalized prior to the date of enactment of this section, the Secretary shall, within 180 days of the date of enactment of this section, investigate and identify the use of, influence of, or reliance upon any finding, guideline, standard, limit or any other recommendation that has not been made by an organization and procedure that does not comply with the requirements set forth in subsection (a). The Secretary shall publish the results of such investigations in the Federal Register and, in any final rule, standard, or official recommendation that is prescribed under such proceedings, shall not incorporate, use, or rely upon any finding, guideline, standard, limit, or other recommendation that does not comply with the requirements set forth in subsection (a). The Secretary's actions under this section shall be subject to review by a United States district court of appropriate jurisdiction.''. (b) Approval of State Plans.--Section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667) is amended by adding at the end the following: ``(i) The Secretary shall not approve a State plan under this section that incorporates by reference any finding, guideline, standard, limit, rule, or regulation based on a determination reached by any organization, unless the Secretary determines that the standards adopted in such plan are standards that-- ``(1) have been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the State that persons interested and affected by the scope or provisions of such standards have reached substantial agreement on their adoption; and ``(2) were formulated in a manner which afforded an opportunity for diverse views to be considered.''. SEC. 3. ADOPTION OF NONGOVERNMENTAL STANDARDS UNDER THE FEDERAL MINE SAFETY AND HEALTH ACT. Section 101 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 811) is amended by adding at the end the following: ``(f)(1) Effective on the date of enactment of this section, the Secretary shall not promulgate or incorporate by reference any finding, guideline, standard, limit, rule, or regulation based on a determination reached by any organization, unless the Secretary affirmatively finds that such determination-- ``(A) has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the Secretary that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption; ``(B) was formulated in a manner which afforded an opportunity for diverse views to be considered; and ``(C) has been designated as such a standard by the Secretary, after consultation with other appropriate Federal agencies. Such finding and a summary of its basis shall be published in the Federal Register and shall be considered a final action subject to review by a United States District Court in accordance with section 706 of title 5, United States Code. ``(2) With respect to rulemaking proceedings initiated by the Secretary but not finalized prior to the date of enactment of this subsection, the Secretary shall, within 180 days of the date of enactment of this subsection, investigate and identify the use of, influence of, or reliance upon any finding, guideline, standard, limit or any other recommendation that has not been made by an organization and procedure that does not comply with the requirements of paragraph (1). The Secretary shall publish the results of such investigations in the Federal Register and, in any final rule, standard, or recommendation that is prescribed under such proceedings, shall not incorporate, use, or rely upon any finding, guideline, standard, limit, or other official recommendation that does not comply with the requirements of paragraph (1). The Secretary's actions under this section shall be subject to review by a United States district court of appropriate jurisdiction.''.

Workplace Safety and Health Transparency Act of 2006 - Amends the Occupational Health and Safety Act of 1970 and the Federal Mine Safety and Health Act of 1977 to prohibit the Secretary of Labor from promulgating or incorporating by reference, or approving occupational safety and health standards under a state plan that incorporates by reference, any finding, guideline, standard, limit, rule, or regulation based on a determination reached by any organization, unless the Secretary finds that such determination: (1) has been promulgated by a nationally recognized standards-producing organization under procedures whereby an opportunity was afforded for diverse views to be considered and whereby interested and affected persons substantial agreed on its adoption; and (2) in the case of a federal standard, has been designated as such a standard by the Secretary.

To amend the Occupational Safety and Health Act of 1970 and the Federal Mine Safety and Health Act of 1977 to prohibit the promulgation of safety and health standards that do not meet certain requirements for national consensus standards.

SECTION 1. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS. (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. 198. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS. ``(a) In General.--A taxpayer may elect to treat any qualified environmental remediation expenditure which is paid or incurred by the taxpayer as an expense which is not chargeable to capital account. Any expenditure which is so treated shall be allowed as a deduction for the taxable year in which it is paid or incurred. ``(b) Qualified Environmental Remediation Expenditure.--For purposes of this section-- ``(1) In general.--The term `qualified environmental remediation expenditure' means any expenditure-- ``(A) which is otherwise chargeable to capital account, and ``(B) which is paid or incurred in connection with the abatement or control of hazardous substances at a qualified contaminated site. ``(2) Special rule for expenditures for depreciable property.--Such term shall not include any expenditure for the acquisition of property of a character subject to the allowance for depreciation which is used in connection with the abatement or control of hazardous substances at a qualified contaminated site; except that the portion of the allowance under section 167 for such property which is otherwise allocated to such site shall be treated as a qualified environmental remediation expenditure. ``(c) Qualified Contaminated Site.--For purposes of this section-- ``(1) In general.--The term `qualified contaminated site' means any area-- ``(A) which is held by the taxpayer for use in a trade or business or for the production of income, or which is property described in section 1221(1) in the hands of the taxpayer, and ``(B) which contains (or potentially contains) any hazardous substance. ``(2) Taxpayer must receive statement from state environmental agency.--An area shall be treated as a qualified contaminated site by reason of a substance described in subparagraph (A), (B), or (C) of subsection (d)(1) only if the taxpayer receives a statement from the appropriate agency of the State in which such area is located that such area meets the requirements of subparagraph (B) of paragraph (1) of this subsection. ``(3) Appropriate state agency.-- For purposes of paragraph (2), the appropriate agency of a State is the agency designated by the Administrator of the Environmental Protection Agency for purposes of this section. If no agency of a State is designated under the preceding sentence, the appropriate agency for such State shall be the Environmental Protection Agency. ``(d) Hazardous Substance.--For purposes of this section-- ``(1) In general.--The term `hazardous substance' means-- ``(A) any substance which is a hazardous substance as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, ``(B) any substance which is designated as a hazardous substance under section 102 of such Act, ``(C) any extremely hazardous substance under the Emergency Planning and Community Right to Know Act of 1986, ``(D) asbestos (whether friable or nonfriable), ``(E) radon, ``(F) lead paint, and ``(G) any petroleum product. ``(2) Exception.--Such term shall not include any substance described in subparagraph (A), (B), (C), or (G) of paragraph (1) with respect to which a removal or remedial action is not permitted under section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 by reason of subsection (a)(3) thereof. ``(e) Deduction Recaptured as Ordinary Income on Sale, Etc.--Solely for purposes of section 1245, in the case of property to which a qualified environmental remediation expenditure would have been capitalized but for this section-- ``(1) the deduction allowed by this section for such expenditure shall be treated as a deduction for depreciation, and ``(2) such property (if not otherwise section 1245 property) shall be treated as section 1245 property solely for purposes of applying section 1245 to such deduction. ``(f) Coordination With Other Provisions.--Sections 280B and 468 shall not apply to amounts which are treated as expenses under this section. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.'' (b) 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. 198. Expensing of environmental remediation costs.'' (c) Effective Date.--The amendments made by this section shall apply to expenditures paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.

Amends the Internal Revenue Code to permit the expensing for tax deduction purposes of certain environmental remediation costs.

To amend the Internal Revenue Code of 1986 to encourage the cleanup of contaminated brownfield sites.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Benefits Claims Prompt Payment Act of 2002''. SEC. 2. PROMPT PAYMENT OF CLAIMS. (a) Group Health Plans.-- (1) Public health service act amendments.--Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. PROMPT PAYMENT OF CLAIMS. ``(a) In General.--A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, shall provide for prompt payment of claims submitted for health care services or supplies furnished to a participant, beneficiary, or enrollee with respect to benefits covered by the plan or issuer, in a manner that is no less protective than the provisions referred to in subsection (b). ``(b) Provisions.--The provisions referred to in this subsection are the provisions of section 1842(c)(2) of the Social Security Act (42 U.S.C. 1395u(c)(2)), as modified as follows: ``(1) Alternative interest rate.--Instead of applying the interest rate calculated under section 3902(a) of title 31, United States Code, the interest rate shall be 1 percent of the payment amount due plus, in the case of payments not made within 25 days of the due date, an additional 1 percent interest due for every month the payment is past due. ``(2) Coverage of 100 percent of claims.--The reference in such section 1842(c)(2) to `not less than 95 percent of all claims submitted under this part' shall be deemed to be a reference to `100 percent of all claims submitted under the plan or coverage involved'. ``(c) Permitting Additional Penalties.--State Insurance Commissioners may establish and impose monetary penalties or other penalties for failure by a group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, to comply with the provisions referred to in subsection (b).''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. PROMPT PAYMENT OF CLAIMS. ``(a) In General.--A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, shall provide for prompt payment of claims submitted for health care services or supplies furnished to a participant or beneficiary with respect to benefits covered by the plan or issuer, in a manner that is no less protective than the provisions referred to in subsection (b). ``(b) Provisions.--The provisions referred to in this subsection are the provisions of section 1842(c)(2) of the Social Security Act (42 U.S.C. 1395u(c)(2)), as modified as follows: ``(1) Alternative interest rate.--Instead of applying the interest rate calculated under section 3902(a) of title 31, United States Code, the interest rate shall be 1 percent of the payment amount due plus, in the case of payments not made within 25 days of the due date, an additional 1 percent interest due for every month the payment is past due. ``(2) Coverage of 100 percent of claims.--The reference in such section 1842(c)(2) to `not less than 95 percent of all claims submitted under this part' shall be deemed to be a reference to `100 percent of all claims submitted under the plan or coverage involved'. ``(c) Permitting Additional Penalties.--State Insurance Commissioners may establish and impose monetary penalties or other penalties for failure by a group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, to comply with the provisions referred to in subsection (b).''. (B) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Prompt payment of claims.''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (i) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Prompt payment of claims.''; and (ii) by inserting after section 9812 the following: ``SEC. 9813. PROMPT PAYMENT OF CLAIMS. ``(a) A group health plan shall provide for prompt payment of claims submitted for health care services or supplies furnished to a participant or beneficiary with respect to benefits covered by the plan, in a manner that is no less protective than the provisions referred to in subsection (b). ``(b) Provisions.--The provisions referred to in this subsection are the provisions of section 1842(c)(2) of the Social Security Act (42 U.S.C. 1395u(c)(2)), as modified as follows: ``(1) Alternative interest rate.--Instead of applying the interest rate calculated under section 3902(a) of title 31, United States Code, the interest rate shall be 1 percent of the payment amount due plus, in the case of payments not made within 25 days of the due date, an additional 1 percent interest due for every month the payment is past due. ``(2) Coverage of 100 percent of claims.--The reference in such section 1842(c)(2) to `not less than 95 percent of all claims submitted under this part' shall be deemed to be a reference to `100 percent of all claims submitted under the plan involved'. ``(c) Permitting Additional Penalties.--State Insurance Commissioners may establish and impose monetary penalties or other penalties for failure by a group health plan to comply with the provisions referred to in subsection (b).''. (b) Individual Health Insurance.--Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. PROMPT PAYMENT OF CLAIMS. ``The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Protection of States' Rights.--Any issue relating to prompt payment for health care services or supplies that is not governed by any provision of law as amended by this section shall be governed by otherwise applicable State or Federal law. This section (and the provisions amended by this section) does not preempt or supercede any law that imposes shorter time frames for payment, greater penalties for non-payment, and, in general, provides greater assurances that group health plans and health insurance issuers provide for prompt payment of claims submitted for health care services or supplies furnished to a participant, beneficiary, or enrollee with respect to benefits covered by the plan or issuer. (d) Effective Dates.-- (1) Group health plans and group health insurance coverage.--The amendments made by subsection (a) apply with respect to group health plans for plan years beginning on or after January 1, 2003. (2) Individual health insurance coverage.--The amendment made by subsection (b) apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date.

Health Benefits Claims Prompt Payment Act of 2002 - Amends the Employee Retirement Income Security Act of 1974, the Internal Revenue Code, and the Public Health Service Act to require that group and individual health insurance coverage and group health plans provide for prompt payment for health benefits claims.

To amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to require that group and individual health insurance coverage and group health plans provide for prompt payment for health benefits claims.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Canyon Ferry Recreation, Tourism, and Economic Development Management Act''. SEC. 2. FINDINGS. Congress finds and declares that-- (1) there is a Federal responsibility to provide opportunities for public recreation, tourism, and economic development at Federal water projects, in partnership with other Federal and non-Federal interests; (2) certain provisions of the Federal Water Project Recreation Act (Public Law 89-72 as amended) unduly restrict the management of the Canyon Ferry Recreation Management Area because the provisions do not allow for the increasing economic burden that construction and management of recreational facilities are placing on managing entities, especially at the State and local levels; (3) non-Federal responsibility for a significant portion of all costs of operation, maintenance, and replacement of facilities on Federal lands at the Canyon Ferry Recreation Management Area as well as total management responsibility is an unfair burden on non-Federal managers, especially in instances where the facilities are old, underdesigned, do not provide adequate access for the disabled, and are utilized by national and international publics, and responsibilities for complex fisheries reservoir management and for wildlife and wetlands management have been borne solely by the non-Federal entities, further increasing the overall management burden; and (4) the recreational, tourism, and economic development needs at the Canyon Ferry Recreation Area can best be met through cooperative management efforts by the Bureau of Reclamation, the Bureau of Land Management, the State of Montana, and other appropriate entities. SEC. 3. COOPERATIVE AGREEMENTS. (a) Authorization.--The Secretary of the Interior (hereafter in this Act referred to as the ``Secretary''), acting through the Bureau of Reclamation and the Bureau of Land Management, may enter into such agreements as are necessary to carry out the purposes of this Act. (b) Contents of Agreements.--Any management agreement entered into under this Act shall provide that the management responsibilities given to the Bureau of Land Management for lands withdrawn or acquired for reclamation purposes shall be accomplished in accordance with the statutory authority generally exercised by the Bureau of Land Management in the management of the public lands. SEC. 4. PROTECTION OF AUTHORIZED PURPOSES OF RECLAMATION PROJECTS. (a) No Alteration of Purposes of Canyon Ferry Unit.--Nothing in this Act is intended to change, modify, or expand the authorized purposes of the Canyon Ferry Unit. (b) Original Purpose of Canyon Ferry Dam and Reservoir Unaffected.--Nothing in this Act shall change the responsibility of the Bureau of Reclamation to meet the needs for which the Canyon Ferry Dam and Reservoir were originally constructed. (c) No Authorization to Affect Water Supply.--This Act is not intended to authorize any action or inaction by any person, including any person who has contracted for the water supply from a reclamation project, that reduces the quantity, or modifies the time and manner of availability, of the water supply from the Canyon Ferry Unit to project beneficiaries. SEC. 5. MANAGEMENT. (a) Management Under the Plan.--The Secretary shall manage all lands and facilities in the area associated with recreation, tourism, and related economic development pursuant to the Canyon Ferry Resources Management Plan, of 1993, and any amendments thereto. (b) Exemption From Provisions of the Federal Water Project Recreation Act.--Provisions of the Federal Water Project Recreation Act (16 U.S.C. 4601-12) that limit or prescribe costs that may be incurred by Federal and non-Federal entities for recreation planning, management, or facilities, or that require non-Federal management of recreation facilities or programs do not apply to the Area. (c) Recreation User Fees.--All recreation user fees collected from the Canyon Ferry Recreation Area by the managing agency(ies) shall be retained by the managing agency(ies) and used exclusively to fund the operation, maintenance, and development of the Canyon Ferry Recreation Area for recreation, tourism, and economic development. Fees collected for cabin site permits, concession operations, entrance fees, and other special use fees are all considered to be recreation user fees. (d) Contents of Agreement.--The cooperative agreements shall provide that the responsibilities given to the Bureau of Land Management for the area will be carried out in accordance with the statutory authority generally exercised by the Bureau of Land Management in the management of the public lands. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act, to remain available until expended. Especially critical are the first 10 years of the interagency project management agreement when major management, maintenance, replacement, and construction must occur.

Canyon Ferry Recreation, Tourism, and Economic Development Management Act - Authorizes the Secretary of the Interior, acting through the Bureau of Reclamation (BOR) and the Bureau of Land Management (BLM), to enter into cooperative management agreements necessary to manage the Canyon Ferry Recreation Area, Montana. Directs that such management agreement provide that the management responsibilities given to the BLM for lands withdrawn or acquired for reclamation purposes shall be accomplished in accordance with the statutory authority generally exercised by BLM in the management of public lands. Directs the Secretary to manage all lands and facilities in the Area associated with recreation, tourism, and related economic development pursuant to the Canyon Ferry Resources Management Plan of 1993. Provides that provisions of the Federal Water Project Recreation Act that limit or prescribe costs that may be incurred by Federal and non-Federal entities for recreation, planning, management, or facilities or that require non-Federal management of recreation facilities or programs shall not apply to the Area. Requires all recreation user fees collected from the Area to be retained by the managing agencies and used exclusively to fund the operation, maintenance, and development of the Area for recreation, tourism, and economic development. Authorizes appropriations.

Canyon Ferry Recreation, Tourism, and Economic Development Management Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Liability Reform for Volunteer Services Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the increasingly litigious nature of the legal profession in the United States has created an unnecessary and ultimately harmful barrier between the traditional desire of individuals to help other individuals and their ability to act on those desires; (2) the cost of lawsuits, excessive, unpredictable, and often arbitrary damage awards, and unfair allocations of liability have a direct and chilling effect on the spirit of volunteerism and the provision of charitable service in the United States; (3) arbitrary and capricious damage awards against volunteers and charitable institutions have contributed considerably to the high cost of liability insurance, making it difficult and often impossible for volunteers and volunteer service organizations to be protected from liability as those volunteers and many volunteer service organizations serve the public without regard to receiving any personal or institutional economic benefits from that service; (4) as a result, volunteer service organizations throughout the United States have been adversely affected and often debilitated as volunteers have refused to help because of a fear of frivolous lawsuits; (5) without a resurgence in volunteerism, the essential services that volunteer service organizations provide, including crisis counseling, volunteer rescue services, coaches and referees for sports activities of children, and support for the elderly, will continue to diminish; (6) clarifying and limiting the personal liability risks assumed by individuals and institutions who volunteer to help others without benefit to themselves is an appropriate subject for Federal legislation because-- (A) of the national scope of the problems created by the legitimate fears of volunteers about frivolous, arbitrary, or capricious lawsuits; and (B) the citizens of the United States depend on, and the Federal Government expends funds on, numerous social programs that depend on the services of volunteers; and (C) it is in the interest of the Federal Government to encourage the continued operation of volunteer service organizations and contributions of volunteers because the Federal Government lacks the capacity to carry out all of the services provided by such organizations and volunteers; and (7) liability reform for volunteer service organizations will promote the free flow of goods and services, lessen burdens on interstate commerce and uphold constitutionally protected due process rights and that liability reform is thus an appropriate use of the powers contained in article I, section 8, clause 3 of the United States Constitution, and the fourteenth amendment to the United States Constitution. (b) Purposes.--The purposes of this Act are to provide protection from personal financial liability for volunteers and volunteer service organizations that provide volunteer services that are conducted in good faith-- (1) to promote the interests of social service program beneficiaries and taxpayers; and (2) to sustain the availability of programs, volunteer service organizations, and governmental entities that depend on volunteer contributions and services; and (3) to provide the protection by-- (A) placing reasonable limits on punitive damages; (B) ensuring the fair allocation of liability in certain civil actions; and (C) establishing greater fairness, rationality, and predictability in the civil justice system of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Claimant.-- (A) In general.--The term ``claimant'' means any person who asserts a claim for damages in an action covered by this Act and any person on whose behalf such a claim is asserted. (B) Claimants for certain claims.--If a claim described in subparagraph (A) is asserted through or on behalf of-- (i) an estate, the term includes the claimant's decedent; or (ii) a minor or incompetent, the term includes the claimant's legal guardian. (2) Clear and convincing evidence.-- (A) In general.--The term ``clear and convincing evidence'' is that measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established. (B) Degree of proof.--The degree of proof required to satisfy the standard of clear and convincing evidence shall be-- (i) greater than the degree of proof required to meet the standard of preponderance of the evidence; and (ii) less than the degree of proof required to meet the standard of proof beyond a reasonable doubt. (3) Compensatory damages.--The term ``compensatory damages'' means damages awarded for economic and noneconomic loss. (4) Economic loss.--The term ``economic loss'' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (5) Harm.--The term ``harm'' means-- (A) any physical injury, illness, disease, or death; (B) damage to property; or (C) economic loss, including any direct or consequential economic loss. (6) Health care provider.--The term ``health care provider'' means any person, organization, or institution that-- (A) is engaged in the delivery of health care services in a State; and (B) is required by the applicable laws (including regulations) of a State to be licensed, registered, or certified by the State to engage in the delivery of health care services in the State. (7) Noneconomic loss.--The term ``noneconomic loss'' means subjective, nonmonetary loss resulting from harm, including pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, and humiliation. (8) Person.--The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity (including any governmental entity). (9) Punitive damages.--The term ``punitive damages'' means damages awarded against any person to punish or deter that person or any other person, from engaging in similar behavior in the future. (10) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States or any political subdivision of any of the foregoing. (11) Volunteer service organization.--The term ``volunteer service organization'' means a not-for-profit organization (other than a health care provider) organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes. (12) Volunteer services.--The term ``volunteer services'' means services provided, in good faith, without compensation or other pecuniary benefit (other than reimbursement of expenses incurred in providing such services) inuring to the benefit of the service provider or any other person (other than the recipient of the volunteer service), and within the scope of the official functions and duties of the service provider with a volunteer service organization or governmental entity. SEC. 4. APPLICABILITY. (a) In General.-- (1) Covered claims.--Subject to paragraph (2), this Act governs any claim for damages in any civil action brought in any State or Federal court in any case in which the claim relates to-- (A) volunteer services performed by the defendant for a governmental entity or a volunteer service organization; or (B) activities or services performed by a volunteer service organization. (2) Actions excluded.--The limitations on damages contained in this Act shall not apply in any action described in subparagraph (A) or (B) of paragraph (1) in any case in which-- (A) the misconduct for which damages are awarded -- (i) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or an act of international terrorism (as that term is defined in section 2331(1) of title 18, United States Code) for which the defendant has been convicted in any court; (ii) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)) for which the defendant has been convicted in any court; (iii) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; or (iv) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law for which the defendant has been convicted in any court; or (B) the defendant was found to be under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug, at the time of the misconduct for which damages are awarded and such influence was a proximate cause of the harm that is the subject of the action. (b) Relationship to State Law.--This Act supersedes State law only to the extent that State law applies to an issue covered by this Act. Any issue (including any standard of liability) that is not governed by this Act shall be governed by otherwise applicable State or Federal law. (c) Effect on Other Law.--Nothing in this Act shall be construed to-- (1) waive or affect any defense of sovereign immunity asserted by any State under any law; (2) supersede or alter any other Federal law; (3) waive or affect any defense of sovereign immunity asserted by the United States; (4) affect the applicability of any provision of chapter 97 of title 28, United States Code; (5) preempt State choice-of-law rules with respect to claims brought by a foreign nation or a citizen of a foreign nation; (6) affect the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or of a citizen of a foreign nation on the ground of inconvenient forum; or (7) supersede or modify any statutory or common law, including any law providing for an action to abate a nuisance, that authorizes a person to institute an action for civil damages or civil penalties, cleanup costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief for remediation of the environment (as defined in section 101(8) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(8)). SEC. 5. UNIFORM STANDARD FOR AWARD OF PUNITIVE DAMAGES. Punitive damages may, to the extent permitted by applicable State or Federal law, be awarded against a defendant if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action in any civil action for a claim described in subparagraph (A) or (B) of section 4(a)(1). SEC. 6. LIMITATION ON THE AMOUNT OF PUNITIVE DAMAGES. The amount of punitive damages that may be awarded in an action described in section 5 shall not exceed the lesser of-- (1) twice the sum of the amounts awarded to the claimant for economic loss and noneconomic loss; or (2) $250,000. SEC. 7. PREEMPTION. (a) In General.--This Act does not-- (1) create a cause of action for punitive or compensatory damages; or (2) preempt or supersede any State or Federal law to the extent that such law further limits the amount of an award of punitive or compensatory damages. (b) Remittitur.--Nothing in this section shall modify or reduce the ability of courts to grant a remittitur. SEC. 8. APPLICATION BY COURT. The application of the limitation imposed by section 6 may not be disclosed to a jury by a court. Nothing in this section authorizes the court to enter an award of punitive damages in excess of the initial award of punitive damages awarded by a jury. SEC. 9. BIFURCATION AT REQUEST OF ANY PARTY. (a) In General.--At the request of any party the trier of fact, in any action for punitive damages that is subject to this Act, shall consider in a separate proceeding, held subsequent to the determination of the amount of compensatory damages, whether punitive damages are to be awarded for the harm that is the subject of the action and the amount of the award. (b) Inadmissibility of Evidence Relevant Only to a Claim of Punitive Damages in a Proceeding Concerning Compensatory Damages.--If any party requests a separate proceeding under subsection (a), in a proceeding to determine whether the claimant may be awarded compensatory damages, any evidence, argument, or contention that is relevant only to the claim of punitive damages, as determined by applicable State law, shall be inadmissible. SEC. 10. LIABILITY FOR COMPENSATORY DAMAGES. (a) General Rule.--In any action described in subparagraph (A) or (B) of section 4(a)(1) brought against more than one defendant, the liability of each defendant for compensatory damages shall be determined in accordance with this section. (b) Amount of Liability for Compensatory Damages.-- (1) In general.--Each defendant shall be liable only for the amount of compensatory damages allocated by the trier of fact to the defendant in direct proportion to the percentage of responsibility of the defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which the defendant is found to be liable. The court shall render a separate judgment against each defendant in an amount determined pursuant to the preceding sentence. (2) Percentage of responsibility.--For purposes of determining the amount of compensatory damages allocated to a defendant under this section, the trier of fact in an action described in subsection (a) shall determine the percentage of responsibility of each person responsible for the harm to the claimant, without regard to whether that person is party to the action.

Liability Reform for Volunteer Services Act - Applies provisions of this Act to claims for damages in any Federal or State court civil action relating to: (1) volunteer services performed by the defendant for either a governmental entity or a volunteer service organization; or (2) activities or services performed by a volunteer service organization. Allows punitive damages to be awarded against such a defendant if the claimant establishes by clear and convincing evidence that the defendant's conduct exhibited a conscious, flagrant indifference to the rights or safety of others and was the proximate cause of the harm that is the subject of the action. Limits the amount of punitive damages to the lesser of: (1) twice the sum of the amounts awarded for economic and noneconomic loss; or (2) $250,000. States that this Act does not create a cause of action or preempt or supersede any Federal or State law that further limits the amount of awards for punitive or compensatory damages in such a cause of action. Prohibits the disclosure to a jury of the punitive damages limitations of this Act. Requires, at the request of any party, the question of punitive damages to be considered in a separate proceeding after the determination of compensatory damages. Prohibits the admission of evidence concerning punitive damages during a separate action considering only compensatory damages. Requires, in an action brought against more than one defendant, each defendant to be liable only for the amount of compensatory damages allocated to that defendant by the trier of fact in direct proportion to the percentage of responsibility for the harm for which the defendant is found liable. Requires a separate judgment against each defendant in such cases.

Liability Reform for Volunteer Services Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Notification of Origin of Telecommunications and Internet Consumer Exchanges Act of 2011'' or the ``NOTICE Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Business entity.--The term ``business entity'' means any organization, corporation, trust, partnership, sole proprietorship, unincorporated association, or venture established to make a profit, in whole or in part, by purposefully availing itself of the privilege of conducting commerce in the United States. (2) Commerce.--The term ``commerce'' has the meaning given the term in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)). (3) Consumer.--The term ``consumer'' means any individual within the territorial jurisdiction of the United States who purchases, transacts, or contracts for the purchase or transaction of any goods, merchandise, or services, not for resale in the ordinary course of the individual's trade or business, but for the individual's use or that of a member of the individual's household. (4) Customer service communication.--The term ``customer service communication'' means any telecommunication or wire communication between a consumer and a business entity in furtherance of commerce. (5) Telecommunication.--The term ``telecommunication'' means the transmission, between or among points specified by the communicator, of information of the communicator's choosing, without change in the form or content of the information as sent and received. (6) Wire communication.--The term ``wire communication'' or ``communication by wire'' means the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission. SEC. 3. REQUIRED DISCLOSURE BY BUSINESS ENTITIES ENGAGED IN CUSTOMER SERVICE COMMUNICATIONS OF PHYSICAL LOCATION. (a) In General.--Except as provided in subsection (b), a business entity that either initiates or receives a customer service communication shall require that each of its employees or agents participating in the communication disclose their physical location at the beginning of each customer service communication so initiated or received. (b) Exceptions.-- (1) Business entities located in the united states.--The requirements of subsection (a) shall not apply to a customer service communication involving a business entity if all of the employees or agents of the business entity participating in such communication are physically located in the United States. (2) Communication initiated by consumer knowingly to foreign entity or address.--The requirements of subsection (a) shall not apply to an employee or agent of a business entity participating in a customer service communication with a consumer if-- (A) the customer service communication was initiated by the consumer; (B) the employee or agent is physically located outside the United States; and (C) the consumer knows or reasonably should know that the employee or agent is physically located outside the United States. (3) Emergency services.--The requirements of subsection (a) shall not apply to a customer service communication relating to the provision of emergency services (as defined by the Federal Trade Commission). (4) Business entities and customer service communications excluded by federal trade commission.--The Federal Trade Commission may exclude certain classes or types of business entities or customer service communications from the requirements of subsection (a) if the Commission finds exceptionally compelling circumstances that justify such exclusion. (c) Certification Requirement.--Each year, each business entity that participates in a customer service communication shall certify to the Federal Trade Commission that it has complied or failed to comply with the requirements of subsection (a). (d) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate such regulations as may be necessary to carry out the provisions of this Act. (e) Effective Date.--The requirements of subsection (a) shall apply with respect to customer service communications occurring on or after the date that is 1 year after the date of the enactment of this Act. SEC. 4. ENFORCEMENT. (a) In General.--Any failure to comply with the provisions of section 3 shall be treated as a violation of a regulation 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. (b) Powers of Federal Trade Commission.-- (1) In general.--The Federal Trade Commission shall prevent any person from violating this Act, and any regulation promulgated thereunder, 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. (2) Penalties.--Any person who violates regulations promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made part of this Act. (c) Authority Preserved.--Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.

Notification of Origin of Telecommunications and Internet Consumer Exchanges Act of 2011 or the NOTICE Act of 2011 - Requires a business entity that initiates or receives a customer service communication to require each of its employees or agents participating in the communication to disclose their physical location at the beginning of each such communication unless all involved employees or agents are located in the United States. Exempts any communication: (1) initiated by a consumer if the consumer knows or reasonably should know that the employee or agent is located outside the United States; or (2) related to the provision of emergency services. Authorizes the Federal Trade Commission (FTC) to exclude certain classes or types of business entities or customer services communications from the requirements of this Act for exceptionally compelling circumstances that justify such exclusions. Sets forth enforcement provisions.

A bill to require disclosure of the physical location of business agents engaging in customer service communications, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Students in Business Development in Africa Assistance Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) There is a growing need in developing countries in Africa to educate and properly train future business leaders in such a way to help them adapt to the demanding complexities of leadership. (2) This growing need has led to the call for Africa to develop and train the next generation of leaders that will bring Africa forward into a peaceful and prosperous new century and ensure that democracy lasts across the continent. (3) One of the ways to help train the next generation of leaders is through entrepreneurial education, entrepreneurship may be one of the most important channels through which education raises economic productivity. (4) All youth should be provided with the access to any and all opportunities to develop skills, attitudes, and abilities that are needed in later life that can lead to entrepreneurship and leadership. (5) One of the goals of educators should be to train students to become self-employed after graduation and produce the goods and services that are needed locally, thereby initiating significant internal economic activity. (6) It is important that the youth be assisted to achieve higher levels of access and entry into the economy as potentially self-employed people since there are simply not enough employment opportunities within the private and public sectors for them all. (7) Business and management education is especially critical in Africa where, in the face of huge shortages in both the private and public sectors, only 50 business schools exist to serve nearly 800 million people, compared with 1,000 business schools in India and 1,200 in the United States. (8) While many institutions in Africa do offer a business certificate/degree, the training can lack certain practical elements, which makes it difficult for graduates to readily apply their skills in the real world. (9) Studies have shown that globalization poses great challenges for education, training, and enterprise development, but there are potential opportunities for positive responses in policy and practice, one of which is the enhancement of individual, societal, and enterprise learning. (10) Educational institutions are not rapidly responding to this urgent challenge. SEC. 3. ASSISTANCE TO ESTABLISH PARTNERSHIPS BETWEEN BUSINESSES AND POSTSECONDARY EDUCATIONAL INSTITUTIONS IN DEVELOPING COUNTRIES IN AFRICA. Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by inserting after section 105 the following new section: ``SEC. 105A. ASSISTANCE TO ESTABLISH PARTNERSHIPS BETWEEN BUSINESSES AND POSTSECONDARY EDUCATIONAL INSTITUTIONS IN DEVELOPING COUNTRIES IN AFRICA. ``(a) Assistance Authorized.-- ``(1) In general.--The President, acting through the Administrator of the United States Agency for International Development, is authorized to provide assistance, on such terms and conditions as the President may determine, to establish partnerships between businesses and postsecondary educational institutions in developing countries in Africa to further the education and entrepreneurship skills of students at such institutions in order to increase economic freedom and competitiveness, promote civil society, and improve the quality of life in such countries. ``(2) Role of nongovernmental organizations.--It is the sense of Congress that the President should provide an appropriate level of assistance under paragraph (1) through nongovernmental organizations, including non-profit organizations, that have a minimum of 30 years experience working to further the entrepreneurship skills of students at postsecondary educational institutions. ``(b) Activities Supported.--Assistance provided under subsection (a) shall, to the maximum extent practicable, be used to-- ``(1) enable students at postsecondary educational institutions in developing countries in Africa to practice in the field what they are learning in the classroom and thereby acquire relevant business and management experience; ``(2) provide opportunities for individuals in developing countries in Africa who are unable to receive a formal education to benefit from the transfer of knowledge and skills by students described in paragraph (1); and ``(3) carry out other appropriate activities, including-- ``(A) training students described in paragraph (1) and faculty to build sustainable programs; ``(B) institutionalizing and promoting sustainability of program leadership; ``(C) supporting the launch and development of new in-country operations; ``(D) investing in other United States assistance programs for long-term sustainability and support of African programs; and ``(E) demonstrating results and sharing best practices. ``(c) Report.--The President shall transmit to Congress a report on the implementation of this section for each of the fiscal years 2008 through 2012. The report shall include an assessment of the impact of the assistance provided under subsection (a) and an analysis of the extent to which such assistance could be provided in other regions of the world. ``(d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated to the President up to $800,000 for each of the fiscal years 2008 through 2012.''.

Students in Business Development in Africa Assistance Act of 2007 [sic] - Amends the Foreign Assistance Act of 1961 to authorize the President, through the United States Agency for International Development (USAID), to provide assistance for partnerships between businesses and postsecondary educational institutions in developing African countries to increase economic freedom, promote civil society, and improve the quality of life. Expresses the sense of Congress that the President should provide an appropriate level of assistance through nongovernmental organizations, including non-profit organizations, that have a minimum of 30 years experience working to further postsecondary students' entrepreneurship skills.

To amend the Foreign Assistance Act of 1961 to authorize the President to provide assistance to establish partnerships between businesses and postsecondary educational institutions in developing countries in Africa to increase economic freedom and competitiveness, promote civil society, and improve the quality of life in such countries.

SECTION 1. YELLOWSTONE BUFFALO PRESERVATION. (a) Short Title.--This section may be cited as the ``Yellowstone Buffalo Preservation Act''. (b) Findings.--Congress finds the following: (1) More than any other animal, the American buffalo (Bison bison) is a wildlife icon of the United States. The American buffalo is the symbol that represents the Department of the Interior. The American buffalo is profoundly significant to Native American cultures and, perhaps more than any other wildlife species, has influenced our history. (2) The American buffalo is still under assault, as it was in the late 19th Century when it was nearly exterminated. At the end of the great slaughter, in which tens of millions of buffalo were killed, only a few hundred wild buffalo remained in the Nation and all were located in Yellowstone National Park. Due to poaching, their numbers were reduced to 25 by the year 1900. (3) The offspring of the 25 survivors comprise the Yellowstone buffalo herd and are the only wild, free-roaming American buffalo to continuously occupy their native habitat in the United States. (4) The Yellowstone buffalo herd is genetically unique. Unlike captive ranched buffalo, which are now relatively common, the Yellowstone buffalo herd has never interbred with cattle and has retained its wild character. (5) Because the Park lacks extensive low-elevation winter habitat that provides bison and elk with access to winter forage, wildlife migrate from the high elevation plateau of Yellowstone National Park to lower elevation habitat adjacent to the Park in winter and spring. (6) The Yellowstone buffalo herd was exposed to the bacterium Brucella abortus, which can cause the disease brucellosis, in 1917. Brucellosis is only transmitted through animal ingestion of contaminated reproductive products. Brucellosis can cause abortions in infected animals, but only infectious females who have the bacteria in their reproductive system represent any potential threat of transmission. The risk of transmission between wild buffalo and cattle was deemed low in a 1992 General Accounting Office report, and again in a 1998 National Research Council study. In fact, there has never been a confirmed incidence of brucellosis transmission in the wild from buffalo to cattle. Buffalo with brucellosis and cattle have grazed together for over 50 years in the Jackson Hole area south of Yellowstone without any incident of disease transmission. Despite these facts, the National Park Service, the United States Forest Service, and the State of Montana Department of Livestock haze, capture, and kill members of the Yellowstone buffalo herd in an attempt to keep them unnaturally confined within Yellowstone National Park. At the same time, approximately 13,000 Yellowstone elk, some of which also harbor brucellosis, are allowed unfettered access to Federal land outside the Park. Since 1984, nearly 3,700 American buffalo have been killed in Montana as a result of this policy. In the winter of 2002-2003, 244 buffalo were killed by the Federal and State agencies, including 231 buffalo which were captured and slaughtered by the National Park Service. (7) The key lower elevation habitat needed by American buffalo is primarily on Gallatin National Forest lands adjacent to the north and west sides of the Park. On the north side, taxpayers spent $13,000,000 in 1999 for a private-Federal land exchange intended to make low elevation habitat adjacent to the Yellowstone River accessible to the Yellowstone buffalo herd and other wildlife. The land exchange has not yet been finalized by Federal agencies and therefore key habitat is not available to the Yellowstone buffalo herd. (8) On the west side of the Park, the Horse Butte peninsula provides prime wildlife habitat for grizzly bears, trumpeter swans, bald eagles, wolves, and buffalo. The peninsula comprises approximately 10,000 acres of primarily Gallatin National Forest Federal lands extending into Hebgen Lake. (9) National Park Service lands have been set aside for the conservation of resources and values and for the enjoyment and use of all citizens. The Federal lands adjacent to the Park represent some of the most valuable and important wildlife habitat in the lower forty-eight states. They are integrally connected to the health of wildlife residing seasonally in our Nation's oldest national park. Together, the Park and the adjacent Federal lands provide some of our Nation's richest opportunities for recreation, wildlife viewing, family camping, wildlife conservation, fishing, and other recreational and sporting activities. These Federal lands should be preferentially managed to sustain this rich and diverse wildlife resource and to provide the public with enjoyment of this National treasure. (c) Purpose.--The purpose of this Act is to provide for the protection of the Yellowstone buffalo herd by allowing the Yellowstone buffalo herd to freely roam Federal lands outside of the Park. The Federal lands that are affected by this Act are those within the Park and adjacent to it on the north and west boundaries as indicated by zones 2 and 3 on the Modified Preferred Alternative Map on page 181 of the 2000 Bison Management Plan for the State of Montana and Yellowstone National Park Final Environmental Impact Statement. (d) Definitions.--For the purposes of this section, the following definitions apply: (1) Hazing.--The term ``hazing'' means any individual effort to drive away, obstruct, chase, scare, or deter natural movements of wildlife, including hazing efforts carried out on foot or horseback or efforts aided by machinery, aircraft, or any type of noise-making device. (2) Individual.--The term ``individual'' means any person representing a State or Federal Government. (3) Park.--The term ``Park'' means Yellowstone National Park. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Yellowstone buffalo herd.--The term ``Yellowstone buffalo herd'' means the wild, free roaming, unfenced buffalo living primarily within Yellowstone National Park. (e) Prohibited Acts; Criminal Penalties.-- (1) Prohibited acts.--No individual may kill, haze, or capture any buffalo on Federal land or land held under Federal conservation easements or use any form of bait to lure buffalo from any Federal land onto private land until the duties under subsection (f) are carried out. (2) Penalties.-- (A) Initial violation.--Any individual found to be in violation of paragraph (1) for the first time shall be fined not more than $5,000 or imprisoned not more than 1 year or both. (B) Subsequent violations.--Any individual found to be in violation of paragraph (1) after the first such finding shall be fined not more than $10,000 or imprisoned not more than 2 years or both. (C) Reward.--One half of any fine collected under this subsection or $2,500, whichever is less, shall be paid to any person or persons giving information which leads to conviction of a violation of this subsection. (D) Exception.--This subsection shall not apply to a person that is found to have been hazing a buffalo if the person is physically endangered or private property was damaged by a buffalo. (f) Duties.--The Secretary and other appropriate Federal agencies shall ensure that the following is accomplished not later than 3 years after the date of the enactment of this Act: (1) The Yellowstone buffalo herd is allowed to freely roam the Park and the Federal lands adjacent to Yellowstone National Park on the north and west boundaries as indicated by zones 2 and 3 on the Modified Preferred Alternative Map on page 181 of the 2000 Bison Management Plan for the State of Montana and Yellowstone National Park Final Environmental Impact Statement without being hazed. These lands shall be made available preferentially for buffalo and wildlife use. (2) Management authority of the Yellowstone buffalo herd within the Park is under the sole jurisdiction of the National Park Service. (3) The land exchange described in section 1(b)(7) with the private property owner has been finalized, as set forth in the agreement executed in 1999, so that the Yellowstone buffalo herd may freely roam the lands described in paragraph (1). (4) The National Park Service has disassembled the Stephens Creek Buffalo Capture Facility. (5) The Secretary has made every effort practicable to allow the Yellowstone buffalo herd to freely roam Federal lands through incentives and cooperative efforts with adjacent private landowners, including through acquisition, easement, cattle vaccination, and landowner agreement pertaining to temporal and spatial separation of livestock from the Yellowstone buffalo herd.

Yellowstone Buffalo Preservation Act - Prohibits an individual from killing, hazing, or capturing any buffalo on Federal lands or land held under Federal conservation easements or using any form of bait to lure buffalo from any Federal land onto private land until the Secretary of the Interior and other appropriate Federal agencies carry out specified duties. Establishes fines and criminal penalties for violations of this Act.

To provide for the protection of the last remaining herd of wild and genetically pure American buffalo.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lyme Disease Prevention, Control, and Research Amendments of 1993''. SEC. 2. ESTABLISHMENT OF PROGRAMS FOR PREVENTION AND CONTROL OF LYME DISEASE. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.), as amended by section 308 of Public Law 102-531 (106 Stat. 3495), is amended by inserting after section 317D the following section: ``prevention and control of lyme disease ``Sec. 317E. (a) General Program.-- ``(1) Program of grants.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to public and nonprofit private entities for the purpose of carrying out programs for the prevention, control, and treatment of Lyme disease. ``(2) Preferences in making grants.--In making grants under paragraph (1), the Secretary shall give preference to public and nonprofit private entities that agree to carry out the purposes for which the grant is made in 1 or more States for which, as of calendar year 1990-- ``(A) a cumulative total of not less than 500 cases of Lyme disease was reported to and confirmed by the Director of the Centers for Disease Control and Prevention; or ``(B) the cumulative per capita incidence of cases of such disease (reported to and confirmed by such Director) was not less than 5 cases per 100,000 individuals. ``(3) Priorities among authorized purposes.--In making grants under paragraph (1), the Secretary shall give priority to making grants for the following: ``(A) The development and evaluation of strategies for the prevention and control of Lyme disease (including, with respect to the tick that carries the etiologic agent for the disease, strategies to manage deer and other means through which the tick is introduced into areas frequented by humans). ``(B) Demonstration projects (administered by State or local departments of health) to improve methods of estimating the incidence and prevalence of such disease, including projects involving the reporting by physicians of cases of the disease. ``(C) Demonstration projects for the control of the disease in communities with a substantial incidence or prevalence of the disease. ``(D) Studies to determine the effects of the disease on the individual and on society, including the economic costs of the disease. ``(E) The improvement of diagnostic tests for the disease. ``(F) The provision of information and education to health care professionals and the public. ``(G) Demonstration projects for treating children for such disease. ``(b) National Research Centers for Prevention, Control, and Treatment.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make awards of grants or contracts to public and nonprofit private entities for the establishment or operation (or both) of not more than 5 centers to carry out basic and clinical research on the prevention, control, and treatment of Lyme disease. ``(2) Preferences in making awards.--In making awards under paragraph (1) for a center, the Secretary shall give preference to an applicant according to the extent to which the following applies to the applicant: ``(A) The applicant is experienced in conducting research on the prevention, control, and treatment of Lyme disease. ``(B) The center is or will be located in a State described in subsection (a)(2). ``(C) The center is or will be located in a geographic area in which individuals are employed in occupations involving a significant risk of contracting Lyme disease. ``(D) The applicant has diagnosed not less than 150 cases of such disease. ``(E) The applicant has cultured the etiologic agent for Lyme disease in mediums from vectors, from animals, and from humans. ``(3) Priorities among activities of centers.--The Secretary may make an award under paragraph (1) only if the applicant involved agrees that the center for which the award is made will give priority to the following: ``(A) Conducting research on new treatments for Lyme disease. ``(B) Conducting research on the development of a vaccine to immunize individuals against the disease. ``(C) Conducting studies of the latter stages of such disease. ``(D) Conducting epidemiological studies of such disease in particular populations of individuals. ``(4) Amount of award.--The Secretary may not make an award under paragraph (1) in an amount less than $500,000. ``(c) Application for Assistance.--The Secretary may make an award of a grant or contract under subsection (a) or (b) only if an application for the award 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 such subsection. ``(d) Funding.-- ``(1) Authorization of appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $4,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996. Such authorization of appropriations is in addition to any other authorization of appropriations that is available for such purpose. ``(2) Allocations.--Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary shall make available 40 percent for carrying out subsection (a) and 60 percent for carrying out subsection (b).''.

Lyme Disease Prevention, Control, and Research Amendments of 1993 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to make: (1) grants to public and private nonprofit entities for the prevention, control, and treatment of Lyme disease; and (2) grants to, or contracts with, such entities for the establishment and/or operation of up to five centers to carry out basic and clinical research on the prevention, control, and treatment of Lyme disease. Sets forth preferences and priorities for such grants and contracts. Authorizes and allocates appropriations.

Lyme Disease Prevention, Control, and Research Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Menstrual Equity For All Act of 2017''. SEC. 2. MENSTRUAL HYGIENE PRODUCTS REIMBURSEMENT FROM HEALTH FLEXIBLE SPENDING ARRANGEMENTS. (a) In General.--Section 106 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(g) Menstrual Hygiene Products.-- ``(1) In general.--Amounts paid or incurred for menstrual hygiene products shall be treated as a qualified medical expense eligible for reimbursement from a health flexible spending arrangement. ``(2) Menstrual hygiene products defined.--For purposes of paragraph (1), the term `menstrual hygiene products' means tampons, pads, liners, cups, sponges, douches, wipes, sprays, and similar products used by women with respect to menstruation or other genital-tract secretions.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. MENSTRUAL HYGIENE PRODUCTS REFUNDABLE CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36B the following new section: ``SEC. 36C. MENSTRUAL HYGIENE PRODUCTS. ``(a) In General.--There shall be allowed as a credit against the tax imposed by this subtitle with respect to each eligible individual for whom the taxpayer is allowed a deduction under section 151 an amount equal to $120. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--In the case of any taxpayer whose modified adjusted gross income exceeds the threshold amount, the amount of the credit allowable under subsection (a) shall be zero. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' means-- ``(A) $47,520 in the case of a joint return, ``(B) $35,640 in the case of a head of household, and ``(C) $23,760 in the case of a separate return. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible individual.--The term `eligible individual' means an individual who uses menstrual hygiene products. ``(2) Menstrual hygiene products defined.--The term `menstrual hygiene products' shall be determined by the Secretary of Health and Human Services by regulation and provided to the Secretary, and shall include tampons, pads, liners, cups, and similar products used by women with respect to menstruation. ``(d) Adjustment for Inflation.-- ``(1) In general.--For each taxable year beginning after 2017, the dollar amounts in subsections (a) and (b)(2) shall each be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2016' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any increase determined under paragraph (1)-- ``(A) in the case of the dollar amount in subsection (a) is not a multiple of $5, such increase shall be rounded to the next highest multiple of $5, and ``(B) in the case of the dollar amount in subsection (b)(2), is not a multiple of $1,000, such increase shall be rounded to the next lowest multiple of $1,000. ``(e) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section.''. (b) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36C,'' 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 item: ``Sec. 36C. Menstrual hygiene products.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016. SEC. 4. MENSTRUAL HYGIENE PRODUCTS AVAILABILITY FOR HOMELESS INDIVIDUALS UNDER EMERGENCY FOOD AND SHELTER GRANT PROGRAM. Subsection (a) of section 316 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11346(a)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(7) guidelines that ensure that amounts provided under the program to private nonprofit organizations and local governments may be used to provide menstrual hygiene products, including tampons, pads, liners, cups, and similar products used by women with respect to menstruation.''. SEC. 5. MENSTRUAL HYGIENE PRODUCTS FOR INMATES AND DETAINEES. (a) Requirement.--Beginning on the date that is 180 days after the date of the enactment of this Act, and annually thereafter, the chief executive officer of each State that receives a grant under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) (commonly referred to as the ``Edward Byrne Memorial Justice Assistance Grant Program'') shall submit to the Attorney General a certification, in such form and containing such information as the Attorney General may require, that all female inmates and detainees in that State have access to menstrual hygiene products on demand and at no cost to the inmates and detainees. (b) Reduction in Grant Funding.--In the case of a State whose chief executive officer fails to submit a certification required under subsection (a) in a fiscal year, the Attorney General shall reduce the amount that the State would have otherwise received under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) by 20 percent for the following fiscal year. (c) Reallocation.--Amounts not allocated to a State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) for a fiscal year pursuant to subsection (b) shall be reallocated under such section to States that submit such certifications. (d) Determination of Menstrual Hygiene Products.--For the purposes of subsection (a), the term ``menstrual hygiene products'' shall be determined by the Attorney General of the United States. SEC. 6. MENSTRUAL HYGIENE PRODUCTS FOR EMPLOYEES. Section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655) is amended by adding at the end the following: ``(g) The Secretary shall by rule promulgate a requirement that each employer with not less than 100 employees provide menstrual hygiene products free of charge for employees of the employer.''.

Menstrual Equity For All Act of 2017 This bill establishes a tax credit, a tax exclusion, and requirements that apply to the purchase or distribution of menstrual hygiene products. The bill amends the Internal Revenue Code to: (1) expand the tax exclusion for reimbursements from a health flexible spending arrangement to include amounts paid or incurred for menstrual hygiene products, and (2) allow a refundable tax credit of $120 for certain individuals who use menstrual hygiene products, subject to adjustments for inflation and a limitation based on adjusted gross income. The bill amends the McKinney-Vento Homeless Assistance Act to require the Emergency Food and Shelter Program National Board to establish written guidelines for the Emergency Food and Shelter Program to ensure that funds provided under the program to private nonprofit organizations and local governments may be used to provide menstrual hygiene products. Each state that receives a grant under the Edward Byrne Memorial Justice Assistance Grant Program must annually certify to the Department of Justice (DOJ) that all female inmates and detainees in that state have access to menstrual hygiene products on demand and at no cost to the inmates and detainees. If a state does not submit the required certification, DOJ must reduce the state's grant funding under the program by 20% and reallocate the funding to states that submitted certifications. This bill also amends the Occupational Safety and Health Act of 1970 to require the Department of Labor to issue a rule requiring private employers with not less than 100 employees to provide free menstrual hygiene products for their employees.

Menstrual Equity For All Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Comparative Effectiveness Act of 2003''. SEC. 2. NIH RESEARCH AND AHRQ STUDY ON EFFECTIVENESS OF CERTAIN PRESCRIPTION DRUGS. (a) In General.-- (1) Research by nih.--The Director of the National Institutes of Health, in coordination with the Director of the Agency for Healthcare Research and Quality, shall conduct research, which may include clinical research, to develop valid scientific evidence regarding the comparative effectiveness, cost-effectiveness, and, where appropriate, comparative safety of covered prescription drugs relative to other drugs and treatments for the same disease or condition. (2) Analysis by ahrq.-- (A) In general.--The Director of the Agency for Healthcare Research and Quality, taking into consideration the research of the National Institutes of Health under this section, shall use evidence-based practice centers to conduct studies or other analyses of the comparative effectiveness, cost-effectiveness, and, where appropriate, comparative safety of covered prescription drugs relative to other drugs and treatments for the same disease or condition. (B) Safety.--In any analysis of comparative effectiveness or cost-effectiveness under this subparagraph, the Director of the Agency for Healthcare Research and Quality shall include a discussion of available information on relative safety. (3) Standards.--The Director of the Agency for Healthcare Research and Quality, in consultation with the Commissioner of Food and Drugs, the Director of the National Institutes of Health, and stakeholders, shall develop standards for the design and conduct of cost-effectiveness studies under this subsection. (b) Covered Prescription Drugs.--For purposes of this section, the term ``covered prescription drugs'' means prescription drugs that, as determined by the Director of the Agency for Healthcare Research and Quality in consultation with the Administrator of the Centers for Medicare & Medicaid Services, account for high levels of expenditures or use by individuals in federally funded health programs, including Medicare and Medicaid. (c) Annual Report.--Each year the Director of the Agency for Healthcare Research and Quality shall prepare a report on the results of the research, studies, and analyses conducted by the National Institutes of Health and the Agency for Healthcare Research and Quality under this section and submit the report to the following: (1) The Congress. (2) The Secretary of Defense. (3) The Secretary of Health and Human Services. (4) The Secretary of Veterans Affairs. (5) The Administrator of the Centers for Medicare & Medicaid Services. (6) The Director of the Indian Health Service. (7) The Director of the National Institutes of Health. (8) The Director of the Office of Personnel Management. (d) Reports for Practitioners.--As soon as possible, but not later than a year after the completion of any study pursuant to subsection (a)(2), the Director of the Agency for Healthcare Research and Quality shall-- (1) prepare a report on the results of such study for the purpose of informing health care practitioners; and (2) transmit the report to the Director of the National Institutes of Health. (e) NIH Internet Site.--The Director of the National Institutes of Health shall publish on the Institutes' Internet site, and through other means that will facilitate access by practitioners, each report prepared under subsection (c) or (d) by the Director of the Agency for Healthcare Research and Quality. (f) Evidence.--In carrying out this section, the Directors of the National Institutes of Health and the Agency for Healthcare Research and Quality shall consider only methodologically sound studies, giving preference to studies for which the Directors have access to sufficient underlying data and analysis to address any significant concerns about methodology or the reliability of data. (g) Authorizations of Appropriations.-- (1) NIH.--There are authorized to be appropriated to the National Institutes of Health to carry out this section $50,000,000 for fiscal year 2004, and such sums as may be necessary for fiscal years thereafter. (2) AHRQ.--There are authorized to be appropriated to the Agency for Healthcare Research and Quality to carry out this section $25,000,000 for fiscal year 2004, and such sums as may be necessary for fiscal years thereafter.

Prescription Drug Comparative Effectiveness Act of 2003 - Directs the Director of the National Institutes of Health, in coordination with the Director of the Agency for Healthcare Research and Quality, to conduct research to develop valid scientific evidence regarding the comparative effectiveness, cost-effectiveness, and (where appropriate) comparative safety relative to other drugs and treatments for the same disease or condition, of prescription drugs that account for high levels of expenditures or use by individuals in Federally funded health programs, including Medicare and Medicaid.Directs the Director of the Agency for Healthcare Research and Quality to: (1) analyze such evidence; and (2) develop standards for the design and conduct of cost-effectiveness studies under this Act.Establishes reporting requirements.

To require the National Institutes of Health to conduct research, and the Agency for Healthcare Research and Quality to conduct studies, on the comparative effectiveness and cost-effectiveness of prescription drugs that account for high levels of expenditures or use by individuals in federally funded health programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' ID Theft Protection Act of 2006''. SEC. 2. ACTIONS REQUIRED WITH RESPECT TO VETERANS ADMINISTRATION DATA BREACH. (a) In General.--With respect to the breach of data security that occurred, or is likely to have occurred, in May, 2006, at the Department of Veterans Affairs, the Secretary of Veterans Affairs shall take the following actions with respect to such breach in addition to any other actions the Secretary may determine to be appropriate. (1) System restoration requirements.--The Secretary shall take prompt and reasonable measures to-- (A) repair the breach and restore the security and confidentiality of the sensitive financial personal information involved to limit further unauthorized misuse of such information; and (B) restore the integrity of the Department's data security safeguards and make appropriate improvements to its data security policies and procedures. (2) Notice requirements.-- (A) In general.--The Secretary shall without unreasonable delay notify any person affected by the breach in the manner provided in this paragraph, as well as-- (i) each nationwide consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act with respect to the breach itself and each person affected by the breach; and (ii) any other appropriate critical third parties who will be required to undertake further action with respect to such information to protect such persons from resulting fraud or identity theft. (B) Content of notice.--Any notice required to be provided under subparagraph (A) by the Secretary to any person affected by the breach shall be provided in a standardized transmission or envelope clearly marked as containing an important notice from the Department of Veterans Affairs on stolen identity information, and shall include the following in a clear and conspicuous manner: (i) An appropriate heading or notice title. (ii) A description of the nature and types of information and accounts as appropriate that were, or are reasonably believed to have been, subject to the breach of data security. (iii) If known, the date, or the best reasonable approximation of the period of time, on or within which sensitive personal information related to the consumer was, or is reasonably believed to have been, subject to a breach. (iv) A general description of the actions taken by the Secretary to restore the security and confidentiality of the breached information. (v) A telephone number by which any person affected by the breach may call the Department of Veterans Affairs, free of charge, to obtain additional information about how to respond to the breach. (vi) A copy of the summary of rights of consumer victims of fraud or identity theft prepared by the Federal Trade Commission under section 609(d) of the Fair Credit Reporting Act, as well as any additional appropriate information on how the person affected by the breach may-- (I) obtain a copy of a consumer report free of charge in accordance with section 612 of the Fair Credit Reporting Act; (II) place a fraud alert in any file relating to the person at a consumer reporting agency under section 605A of such Act to discourage unauthorized use; and (III) contact the Federal Trade Commission for more detailed information. (vii) A prominent statement that file monitoring will be made available upon request in accordance with paragraph (3) to the person affected by the breach free of charge for a period of not less than 6 months, together with a telephone number at the Department of Veterans Affair for requesting such services. The statement may also include such additional contact information as a mailing address, e- mail, or Internet website address. (viii) The approximate date the notice is being issued. (C) Responsibility and costs.-- (i) In general.--The Secretary of Veterans Affairs shall be-- (I) responsible for providing any notices and file monitoring required under this section with respect to such breach; and (II) responsible for the reasonable actual costs of any notices provided under this section. (ii) No charge to persons affected by the breach.--The cost for the notices and file monitoring described in clause (i) may not be charged to the persons affected by the breach. (3) Free file monitoring.--The Secretary of Veterans Affairs, if requested by the person affected by the breach before the end of the 90-day period beginning on the date of such notice, shall make available to the person, free of charge and for at least a 6-month period a service that monitors nationwide credit activity regarding a consumer from a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act. (b) Negotiating Authority.--The Secretary of Veterans Affairs shall have broad authority to secure the best possible price for credit monitoring services on behalf of taxpayers. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Veterans Affairs the sum of $100,000,000 to carry out the requirements of this section.

Veterans' ID Theft Protection Act of 2006 - Directs the Secretary of Veterans Affairs to take specified actions in response to the May 2006 breach of Department of Veterans Affairs (VA) data security, including: (1) repairing the breach, restoring the security and confidentiality of the sensitive financial personal information involved and the integrity of data security safeguards, and improving data security policies and procedures; and (2) notifying affected persons, each nationwide consumer reporting agency, and any other third parties who will be required to act to protect such persons from fraud or identity theft. Makes the Secretary responsible for providing any notices and file monitoring required under this Act at no cost to the persons affected by the breach. Requires the Secretary to make available to a person affected, upon request, a service that monitors nationwide credit activity from a consumer reporting agency for six months for free.

To require the Secretary of Veterans Affairs to take certain actions to mitigate the effects of the breach of data security that occurred, or is likely to have occurred, in May, 2006, at the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Access Act''. SEC. 2. PROGRAM AUTHORIZED. (a) Program Established.--From amounts made available to the Secretary pursuant to section 6(a), the Secretary shall award grants to eligible organizations to enable such organizations to conduct the authorized activities described in section 4. (b) Award Basis.-- (1) Mandatory.--The Secretary shall award a grant under this Act in a fiscal year to an eligible organization in an amount determined on the basis of-- (A) the size of the budget of the eligible organization in such year compared to the size of the budgets of all eligible organizations receiving assistance under this Act in such year; or (B) the size of the endowment of the eligible organization in such year compared to the size of the endowments of all eligible organizations receiving assistance under this Act in such year. (2) Permissive.--The Secretary may award a grant under this Act in a fiscal year to an eligible organization in an amount determined on the basis of-- (A) the number of students served individually by the eligible organization in such year compared to the number of students served individually by all eligible organizations receiving assistance under this Act in such year; or (B) the eligible organization's audited financial statement for the preceding fiscal year. (c) Application.-- (1) In general.--Each eligible organization desiring a grant under this Act in any fiscal year shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application shall include-- (A) information documenting the provision of authorized activities described in section 4 by the eligible organization to students in the year preceding the year for which assistance under this Act is requested; and (B) the eligible organization's audited financial statement for the preceding fiscal year. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the term ``college'' means an institution of higher education (as such term is defined in section 1201(a) of the Higher Education Act of 1965) that awards an associate's or bachelor's degree; (2) the term ``eligible organization'' means an organization that-- (A) provides a school-based advisor to students attending public secondary schools and offers assistance and incentives to encourage such students to attend college; (B) has been in existence for 2 years prior to the date of enactment of this Act; (C) awards last dollar, gap financing; and (D) is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986; (3) the term ``Fund'' means the College Access Endowment Fund established in section 5(a); (4) the term ``last dollar, gap financing'' means the funds required to fill the gap between the cost of college and the resources available to a student, which resources shall include a family contribution and any financial aid awarded to a student; (5) the term ``Secretary'', unless otherwise specified, means the Secretary of Education; and (6) the term ``secondary school'' has the same meaning given to such term by section 1471(21) of the Elementary and Secondary Education Act of 1965. SEC. 4. AUTHORIZED ACTIVITIES. Grant funds under this Act may be used by an eligible organization to provide students attending public secondary schools with-- (1) funds to enable such students to attend college; (2) information about college and financial aid for college; (3) information about academic qualifications and preparation for college; (4) the costs of preparing for admission to college, including the costs of college entrance exams, application fees, financial aid forms, and scholastic aptitude test (SAT) and American College Test (ACT) exam preparation courses; (5) full and partial financial grants, especially last dollar, gap financing; (6) assistance in selecting and applying for appropriate colleges and applying for available financial aid; (7) the costs of entering college, including dormitory reservation and college acceptance fees; or (8) continuing college mentors, including paying students to act as tutors and peer counselors at college. SEC. 5. COLLEGE ACCESS ENDOWMENT FUND. (a) Establishment.--There is established in the Treasury of the United States an endowment fund to be known as the College Access Endowment Fund. The Fund shall consist of amounts appropriated to the Fund pursuant to section 8 of this Act. (b) Investment.--It shall be the duty of the Secretary of the Treasury to invest in full amounts appropriated to the Fund. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obligations may be acquired (1) on original issue at the issue price, or (2) by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued under the Second Liberty Bond Act, as amended, are hereby extended to authorize the issuance at par of special obligations exclusively to the Fund. Such special obligation shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt, except that where such average rate is not a multiple of one-eighth of 1 percent, the rate of interest of such special obligations shall be the multiple of one-eighth of 1 percent next lower than such average rate. Such special obligations shall be issued only if the Secretary of the Treasury determines that the purchase of other interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States on original issue or at the market price, is not in the public interest. (c) Sale and Redemption.--Any obligation acquired by the Fund (except special obligations issued exclusively to the Fund) may be sold by the Secretary of the Treasury at the market price, and such special obligations may be redeemed at par plus accrued interest. (d) Interest and Proceeds.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. SEC. 6. EXPENDITURES FROM THE FUND. (a) In General.--The interest and earnings of the Fund shall be available to the Secretary to enable the Secretary to award grants to eligible organizations in accordance with this Act. (b) Audit.--The activities of each eligible organization receiving a grant under this Act may be audited by the General Accounting Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. The representatives of the General Accounting Office shall have access to all books, accounts, records, reports, and files and all other papers, things, or property belonging to or in use by the eligible organization, pertaining to such activities and necessary to facilitate the audit. SEC. 7. REPORT; TERMINATION OF GRANT PAYMENTS. (a) Report.--Each eligible organization receiving a grant under this Act shall annually prepare and submit to the Secretary a report demonstrating such organization's compliance with the provisions of this Act. (b) Termination.--The Secretary shall terminate grant payments under this Act for any eligible organization which the Secretary determines is not in compliance with the provisions of this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Fund $25,000,000 for fiscal year 1993 to carry out this Act.

College Access Act - Establishes an endowment grant program to support college access programs nationwide. Directs the Secretary of Education to award endowment grants to eligible organizations in amounts based on specified mandatory award amount formulae. Authorizes the Secretary to make grants to such organizations in amounts based on specified permissive award amount formulae. Includes among organizational eligibility requirements: (1) provision of a school-based advisor to public secondary school students; and (2) offer of assistance and incentives to encourage such students to attend college. Sets forth authorized uses of such grant funds. Establishes in the Treasury the College Access Endowment Fund. Makes Fund interest and earnings available to the Secretary of Education to award endowment grants. Authorizes appropriations.

College Access Act

SECTION 1. SHORT TITLE; AMENDMENTS TO SOCIAL SECURITY ACT. (a) Short Title.--This Act may be cited as the ``Responsible Parenthood Act of 1995''. (b) Amendments to the Social Security Act.--Except as otherwise specifically provided, 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 Social Security Act. SEC. 2. INTEGRATION OF FAMILY PLANNING AND MATERNAL AND CHILD HEALTH SERVICES. (a) Increase in Funding.--Section 501(a) (42 U.S.C. 701(a)) is amended in the matter preceding paragraph (1) by striking ``$686,000,000'' and inserting ``$886,000,000''. (b) Reservation of Certain Amounts.--Section 502 (42 U.S.C. 702) is amended by striking ``$600,000,000'' each place it appears and inserting ``$800,000,000''. SEC. 3. ABSTINENCE SERVICES. (a) Provision and Promotion of Abstinence Services.--Section 501(a)(1) (42 U.S.C. 701(a)(1)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) in subparagraph (D), by inserting ``and'' at the end; and (3) by adding the following new subparagraph: ``(E) to provide and to promote family-centered, community-based services and information regarding the delay or discontinuation of premarital sexual activity, particularly among adolescents, and to provide adoption-related services and promote adoption as an acceptable alternative for pregnant unmarried individuals.''. (b) Minimum Amount for Abstinence Services.--Section 504 (42 U.S.C. 704) is amended by adding the following new subsection: ``(e) Of the amounts paid to a State under section 503 from an allotment for a fiscal year under section 502(c), not less than 100 percent of such amounts (including the fair market value of any supplies or equipment) as were used under this title in the preceding fiscal year to provide family planning services shall be used to provide services described in section 501(a)(1)(E).''. (c) Needs Assessment for Abstinence Services.--Section 505(a)(1) (42 U.S.C. 705(a)(1)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by adding ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(D) services and information regarding the delay or discontinuation of premarital sexual activity, particularly among adolescents, and regarding adoption.''. SEC. 4. USE OF FUNDS. (a) Prohibition of Use for Family Planning Services in Schools.-- Section 504(b) (42 U.S.C. 704(b)) is amended-- (1) in paragraph (5), by striking ``or'' at the end; (2) in paragraph (6)(B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraphs: ``(7) to provide or promote family planning services in any elementary or secondary educational institution; or ``(8) to provide or promote any drug or device except for a use that has been approved by the Food and Drug Administration.''. (b) No Funding of Programs or Projects That Provide Abortion Services.--Section 504 (42 U.S.C. 704), as amended by section 3(b), is amended by adding at the end the following new subsections: ``(f)(1) Payments under this title may be made only to programs or projects that-- ``(A) do not provide abortions or abortion counseling or referral; ``(B) do not subcontract with or make any payment to any person who provides abortions or abortion counseling or referral (except that any such program or project may provide referral for abortion counseling to a pregnant adolescent if such adolescent and the parents or guardians of such adolescent request such referral); or ``(C) do not advocate, promote, or encourage abortion. ``(2) The Secretary shall ascertain whether programs or projects comply with paragraph (1) and take appropriate action if programs or projects do not comply with such paragraph, including withholding of funds. ``(g) A State shall ensure, to the maximum extent possible, family participation in the receipt of services provided under section 501(a)(1) and shall ensure that an entity that receives funds under this title shall comply with any State law that requires-- ``(1) involvement of a family member prior to the provision of services related to family planning or abortion; and ``(2) reporting of civil or criminal offenses involving child abuse or statutory rape. ``(h) The acceptance by any individual of family planning services or family planning or population growth information (including educational materials) provided through financial assistance under this title shall be voluntary and shall not be a prerequisite to eligibility for or receipt of any other service or assistance from, or to participation in, any other program of the entity or individual that provided such service or information.''. SEC. 5. APPLICATION FOR BLOCK GRANT FUNDS. Section 505(a)(5) (42 U.S.C. 705(a)(5)) is amended-- (1) by redesignating subparagraph (F) as subparagraph (I); and (2) by inserting after subparagraph (F) the following subparagraphs: ``(G) the State will provide a description of how the applicant will, as appropriate to the provision of family planning services or services provided under section 501(e)(1)(A)-- ``(i) involve families of adolescents in a manner that will maximize the role of the family in the solution of problems relating to the parenthood or pregnancy of the adolescent; and ``(ii) involve religious and charitable organizations, voluntary associations, and other groups in the private sector as well as services provided by publicly sponsored initiatives; ``(H)(i) the State will provide assurances that-- ``(I) except as provided in clause (ii), and subject to subclause (II), the applicant will notify the parents or guardians of any unemancipated minor requesting services from the applicant and will obtain the permission of such parents or guardians with respect to the provision of such services; and ``(II) in the case of a pregnant unemancipated minor requesting services from a recipient of funds under this title, the recipient will notify the parents or guardians of such minor under subclause (I) within a reasonable period of time; and ``(ii) the State will provide assurances that the applicant will not notify or request the permission of the parent or guardian of any unemancipated minor without the consent of the minor-- ``(I) who solely is requesting from the applicant pregnancy testing or testing or treatment for venereal disease; ``(II) who is the victim of incest involving a parent; or ``(III) if an adult sibling of the minor or an adult aunt, uncle, or grandparent who is related to the minor by blood certifies to the recipient that notification of the parent or guardian of such minor would result in physical injury to such minor.''. SEC. 6. REPORTS AND AUDITS. (a) Report by State.--Section 506(a)(2) (42 U.S.C. 706(a)(2)) is amended by adding after subparagraph (E) the following new subparagraph: ``(F) Information (as prescribed by the Secretary) on the State's activities in connection with the services described in section 501(a)(1)(E).''. (b) Report by Secretary.--Section 506(a)(3) (42 U.S.C. 706(a)(3)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(F) information on the State's activities in connection with the services described in section 501(a)(1)(E).''. SEC. 7. EVALUATION. Title V (42 U.S.C. 701 et seq.) is amended by adding at the end the following new section: ``evaluation ``Sec. 510. (a) Of amounts allotted to a State under section 502(c) in a fiscal year that the State estimates will be expended on family planning services and the services described in section 501(a)(1)(E) for such year the State shall reserve-- ``(1) not less than 2 percent and not more than 4 percent of such amounts for an annual evaluation of activities carried out under this title and the effectiveness of such activities in reducing sexual activity, pregnancies, and births among unmarried individuals, particularly adolescents; and ``(2) not less than 2 percent and not more than 4 percent of such amounts for an annual longitudinal study by an independent research organization of the activities carried out under this title and the effectiveness of such activities in reducing sexual activity, pregnancies, and births among unmarried individuals, particularly adolescents. ``(b)(1) Each State shall submit the evaluations and studies conducted under this section to the Secretary. ``(2) The Secretary shall submit a summary of each evaluation and study submitted under paragraph (1) to the appropriate committees of the Congress.''. SEC. 8. DEFINITION OF FAMILY. Section 501(b) (42 U.S.C. 701(b)) is amended by adding at the end the following new paragraph: ``(5) The term `family' means a child under the age of 19, the biological or adoptive parents of the child, the legal guardian of the child, or a responsible relative or caretaker with whom the child regularly resides, the siblings of the child, and other individuals living in the child's home.''. SEC. 9. REPEAL OF CERTAIN PROGRAMS. (a) Repeal of Population Research and Voluntary Family Planning Programs.--Title X of the Public Health Service Act (42 U.S.C. 300 et seq.) is repealed. (b) Repeal of Adolescent Family Life Demonstration Projects.--Title XX of the Public Health Service Act (42 U.S.C. 300z et seq.) is repealed. SEC. 10. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on October 1, 1995.

Responsible Parenthood Act of 1995 - Amends title V (Maternal and Child Health Services) of the Social Security Act to provide for various specified program changes, including: (1) an increase in funding under such program, as well as a corresponding increase in Federal set-asides; (2) provision and promotion of abstinence and adoption-related services; (3) prohibitions on the use of funds for family planning services in schools and for programs or projects that provide abortions or abortion counseling or referral; (4) additional application requirements related to maximizing the role of families and religious and charitable organizations in solving problems relating to parenthood or adolescent pregnancies; and (5) new reporting requirements for the State and the Secretary of Health and Human Services involving State activities in connection with program services relating to abstinence and adoption. Amends the Public Health Service Act to repeal certain programs and demonstration projects related to population research and voluntary family planning as well as adolescent family life.

Responsible Parenthood Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Earnings Reinvestment Act''. SEC. 2. ALLOWANCE OF TEMPORARY DIVIDENDS RECEIVED DEDUCTION FOR DIVIDENDS RECEIVED FROM A CONTROLLED FOREIGN CORPORATION. (a) Applicability of Provision.-- (1) In general.--Subsection (f) of section 965 is amended to read as follows: ``(f) Election; Election Year.-- ``(1) In general.--The taxpayer may elect to apply this section to-- ``(A) the taxpayer's last taxable year which begins before the date of the enactment of the Foreign Earnings Reinvestment Act, or ``(B) the taxpayer's first taxable year which begins during the 1-year period beginning on such date. Such election may be made for a taxable year only if made on or before the due date (including extensions) for filing the return of tax for such taxable year. ``(C) Election year.--For purposes of this section, the term `election year' means the taxable year-- ``(i) which begins after the date that is one year before the date of the enactment of the Foreign Earnings Reinvestment Act, and ``(ii) to which the taxpayer elects under paragraph (1) to apply this section.''. (2) Conforming amendments.-- (A) Extraordinary dividends.--Section 965(b)(2) of such Code is amended-- (i) by striking ``June 30, 2003'' and inserting ``September 30, 2011'', and (ii) by adding at the end the following new sentence: ``The amounts described in clauses (i), (ii), and (iii) shall not include any amounts which were taken into account in determining the deduction under subsection (a) for any prior taxable year.''. (B) Determinations relating to related party indebtedness.--Section 965(b)(3)(B) of such Code is amended by striking ``October 3, 2004'' and inserting ``September 30, 2011''. (C) Determinations relating to base period.-- Section 965(c)(2) of such Code is amended by striking ``June 30, 2003'' and inserting ``September 30, 2011''. (b) Deduction Includes Current and Accumulated Foreign Earnings.-- (1) In general.--Paragraph (1) of section 965(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) In general.--The amount of dividends taken into account under subsection (a) shall not exceed the sum of the current and accumulated earnings and profits described in section 959(c)(3) for the year a deduction is claimed under subsection (a), without diminution by reason of any distributions made during the election year, for all controlled foreign corporations of the United States shareholder.''. (2) Conforming amendments.-- (A) Section 965(c) of such Code, as amended by subsection (a), is amended by striking paragraph (1) and by redesignating paragraphs (2), (3), (4), and (5), as paragraphs (1), (2), (3), and (4), respectively. (B) Paragraph (4) of section 965(c) of such Code, as redesignated by subparagraph (A), is amended to read as follows: ``(4) Controlled groups.--All United States shareholders which are members of an affiliated group filing a consolidated return under section 1501 shall be treated as one United States shareholder.''. (c) Amount of Deduction.-- (1) In general.--Paragraph (1) of section 965(a) of the Internal Revenue Code of 1986 is amended by striking ``85 percent'' and inserting ``75 percent''. (2) Bonus deduction in subsequent taxable year for increasing jobs.--Section 965 of such Code is amended by adding at the end the following new subsection: ``(g) Bonus Deduction.-- ``(1) In general.--In the case of any taxpayer who makes an election to apply this section, there shall be allowed as a deduction for the first taxable year following the election year an amount equal to the applicable percentage of the cash dividends which are taken into account under subsection (a) with respect to such taxpayer for the election year. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage is the amount which bears the same ratio (not greater than 1) to 10 percent as-- ``(A) the excess (if any) of-- ``(i) the qualified payroll of the taxpayer for the calendar year which begins with or within the first taxable year following the election year, over ``(ii) the qualified payroll of the taxpayer for calendar year 2010, bears to ``(B) 10 percent of the qualified payroll of the taxpayer for calendar year 2010.'' ``(3) Qualified payroll.--For purposes of this paragraph: ``(A) In general.--The term `qualified payroll' means, with respect to a taxpayer for any calendar year, the aggregate wages (as defined in section 3121(a)) paid by the corporation during such calendar year. ``(B) Exception for changes in ownership of trades or businesses.-- ``(i) Acquisitions.--If, after December 31, 2009, and before the close of the first taxable year following the election year, a taxpayer acquires the trade or business of a predecessor, then the qualified payroll of such taxpayer for any calendar year shall be increased by so much of the qualified payroll of the predecessor for such calendar year as was attributable to the trade or business acquired by the taxpayer. ``(ii) Dispositions.--If, after December 31, 2009, and before the close of the first taxable year following the election year, a taxpayer disposes of a trade or business, then-- ``(I) the qualified payroll of such taxpayer for calendar year 2010 shall be decreased by the amount of wages for such calendar year as were attributable to the trade or business which was disposed of by the taxpayer, and ``(II) if the disposition occurs after the beginning of the first taxable year following the election year, the qualified payroll of such taxpayer for the calendar year which begins with or within such taxable year shall be decreased by the amount of wages for such calendar year as were attributable to the trade or business which was disposed of by the taxpayer. ``(C) Special rule.--For purposes of determining qualified payroll for any calendar year after calendar year 2011, such term shall not include wages paid to any individual if such individual received compensation from the taxpayer for services performed-- ``(i) after the date of the enactment of this paragraph, and ``(ii) at a time when such individual was not an employee of the taxpayer.''. (3) Reduction for failure to maintain employment levels.-- Paragraph (4) of section 965(b) of such Code (relating to limitations) is amended to read as follows: ``(4) Reduction in benefits for failure to maintain employment levels.-- ``(A) In general.--If, during the period consisting of the calendar month in which the taxpayer first receives a distribution described in subsection (a)(1) and the succeeding 23 calendar months, the taxpayer does not maintain an average employment level at least equal to the taxpayer's prior average employment, an additional amount equal to $75,000 multiplied by the number of employees by which the taxpayer's average employment level during such period falls below the prior average employment (but not exceeding the aggregate amount allowed as a deduction pursuant to subsection (a)(1)) shall be taken into income by the taxpayer during the taxable year that includes the final day of such period. ``(B) Average employment level.--For purposes of this paragraph, the taxpayer's average employment level for a period shall be the average number of full-time United States employees of the taxpayer, measured at the end of each month during the period. ``(C) Prior average employment.--For purposes of this paragraph, the taxpayer's `prior average employment' shall be the average number of full-time United States employees of the taxpayer during the period consisting of the 24 calendar months immediately preceding the calendar month in which the taxpayer first receives a distribution described in subsection (a)(1). ``(D) Full-time united states employee.--For purposes of this paragraph-- ``(i) In general.--The term `full-time United States employee' means an individual who provides services in the United States as a full-time employee, based on the employer's standards and practices; except that regardless of the employer's classification of the employee, an employee whose normal schedule is 40 hours or more per week is considered a full- time employee. ``(ii) Exception for changes in ownership of trades or businesses.--Such term does not include-- ``(I) any individual who was an employee, on the date of acquisition, of any trade or business acquired by the taxpayer during the 24-month period referred to in subparagraph (A), and ``(II) any individual who was an employee of any trade or business disposed of by the taxpayer during the 24-month period referred to in subparagraph (A) or the 24-month period referred to in subparagraph (C). ``(E) Aggregation rules.--In determining the taxpayer's average employment level and prior average employment, all domestic members of a controlled group shall be treated as a single taxpayer.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Foreign Earnings Reinvestment Act - Amends the Internal Revenue Code to: (1) extend the election allowed to a domestic corporation to deduct current and accumulated dividends received from a controlled foreign corporation to the corporation's last taxable year beginning before the enactment of this Act or the first taxable year which begins during the one-year period beginning on such enactment date, (2) reduce tax rates on foreign earnings of domestic corporations that reinvest such earnings in the United States and that expand their payrolls over 2010 levels, and (3) increase the taxable income of domestic corporations that fail to maintain employment levels in the 23-month period after receiving a reduction in tax rates under this Act.

A bill to amend the Internal Revenue Code of 1986 to allow a temporary dividends received deduction for dividends received from a controlled foreign corporation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teaming with Wildlife Act of 2008''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) a diverse array of species of fish and wildlife is of significant value to the United States for many reasons, including aesthetic, ecological, educational, cultural, recreational, economic, and scientific reasons; (2) millions of citizens in the United States participate in outdoor recreation through hunting, fishing, and wildlife observation, all of which have significant value to the citizens who engage in those activities and economic benefits for local communities; (3) it is in the national interest of the United States-- (A) to retain for present and future generations the opportunity to observe, understand, and appreciate a wide variety of wildlife; and (B) to prevent wildlife from declining to the point of requiring Federal protection under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (4) hunters and anglers have for more than 70 years willingly paid user fees in the form of Federal excise taxes on hunting and fishing equipment to support a Federal investment in wildlife diversity and abundance, through the enactment of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) and the Dingell-Johnson Sport Fish Restoration Act ) (commonly known as the ``Wallop-Breaux Act'') (16 U.S.C. 777 et seq.); (5) Congress created the Wildlife Conservation and Restoration Account under section 3(a)(2) of the Pittman- Robertson Wildlife Restoration Act (16 U.S.C. 669b(a)(2)) to expand support for the full array of fish and wildlife conservation needs, including species that are not hunted and fished, but only authorized appropriations for the Account for 1 fiscal year; (6) while appropriated funds have been made available through the State Wildlife Grants program of United States Fish and Wildlife Service, the lack of assured and dedicated funding for the Wildlife Conservation and Restoration Account has left unrealized the goals of the Account, allowing wildlife to continue to decline across the United States; (7) partly as a requirement of the unfunded Wildlife Conservation and Restoration Account, each State has produced a comprehensive wildlife strategy, which presents an action plan for conserving the full array of wildlife and wildlife habitats of each State; and (8) providing assured and dedicated funding to the Wildlife Conservation and Restoration Account advances the national interest in keeping wildlife from becoming endangered by supporting States in implementing the comprehensive wildlife conservation strategies of the States. (b) Purposes.--The purposes of this Act are-- (1) to provide reliable and assured funding to advance the national interest in keeping wildlife from becoming endangered by supporting programs in each State that address the conservation needs of the full array of declining wildlife; and (2) to provide the Federal share of support needed to implement the comprehensive wildlife conservation strategies prepared by each State as a requirement of obtaining funds from the Wildlife Conservation and Restoration Account established under section 3(a)(2) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b(a)(2)). SEC. 3. WILDLIFE CONSERVATION AND RESTORATION ACCOUNT. Section 3(a) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b(a)) is amended by striking paragraph (2) and inserting the following: ``(2) Wildlife conservation and restoration account.-- ``(A) Establishment.--There is established in the Federal aid to wildlife restoration fund a subaccount to be known as the `Wildlife Conservation and Restoration Account' (referred to in this paragraph as the `Account'). ``(B) Use.--Amounts in the Account shall be available without further appropriation, for each fiscal year, for apportionment in accordance with this Act to carry out State wildlife conservation and restoration programs. ``(C) Revenues.-- ``(i) Outer continental shelf revenues.-- For each of fiscal years 2010 through 2015, from amounts deposited in the Treasury under section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), the Secretary of the Treasury shall transfer to the fund for deposit in the Account $175,000,000. ``(ii) Mining revenues.--For each of fiscal years 2010 through 2015, from amounts deposited in the Treasury under section 35 of the Mineral Leasing Act (30 U.S.C. 191), after the withdrawal of funds to the States under section 35(a) of that Act, the Secretary of the Treasury shall transfer to the fund for deposit in the Account $175,000,000.''.

Teaming with Wildlife Act of 2008 - Amends the Pittman-Robertson Wildlife Restoration Act to require the Secretary of the Treasury to transfer to the federal aid to wildlife restoration fund for deposit in the Wildlife Conservation and Restoration Account for each of FY2010-FY2015 specified funds from: (1) amounts received from rents, royalties, and other sums paid to the Secretary or the Secretary of the Navy under leases on the outer Continental Shelf; and (2) amounts received from sales, bonuses, and royalties collected under the Federal Oil and Gas Royalty Management Act of 1982 and from rentals of public lands under the Mineral Leasing Act and the Geothermal Steam Act of 1970.

A bill to amend the Pittman-Robertson Wildlife Restoration Act to ensure adequate funding for conservation and restoration of wildlife, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cybersecurity Systems and Risks Reporting Act''. SEC. 2. CYBERSECURITY AND INFORMATION SYSTEM REQUIREMENTS. (a) Definitions.--Section 2(a) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a)) is amended-- (1) in paragraph (2), by inserting after ``financial statements'' the following: ``and information systems''; (2) in paragraph (3)(A), by striking ``and financial'' and inserting ``, financial, and cybersecurity systems''; (3) in paragraph (10)(B), by inserting after ``quality control policies and procedures,'' the following: ``cybersecurity systems standards and practices,''; and (4) by adding at the end the following: ``(18) Information system.--The term `information system' means a set of activities, involving people, processes, data, or technology, which enable the issuer to obtain, generate, use, and communicate transactions and information to maintain accountability and measure and review the issuer's performance or progress towards achievement of objectives. ``(19) Cybersecurity system.--The term `cybersecurity system' means a set of activities or state, involving people, processes, data or technology, whereby the protection of an information system of the issuer is secured from, or defended against, damage, unauthorized use or modification, misdirection, disruption or exploitation. ``(20) Cybersecurity risk.--The term `cybersecurity risk' means a significant vulnerability to, or a significant deficiency in, the security and defense activities of a cybersecurity system.''. (b) Corporate Responsibility.--Section 302 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7241) is amended-- (1) in the heading of such section, by inserting after ``reports'' the following: ``and information systems''; and (2) in subsection (a)-- (A) by striking ``and the principal financial officer or officers,'' and inserting ``, the principal financial officer or officers, and the principal cybersecurity systems officer or officers''; (B) in paragraph (4), by striking ``internal controls'' each place such term appears and inserting ``internal controls and cybersecurity systems''; (C) in paragraph (5)-- (i) in subparagraph (A)-- (I) by inserting after ``operation of internal controls'' the following: ``and cybersecurity systems''; and (II) by inserting before the semicolon the following: ``and any significant cybersecurity risks in issuer's information systems''; and (ii) in subparagraph (B), by inserting before the semicolon the following: ``, cybersecurity systems, or information systems''; and (D) in paragraph (6)-- (i) by striking ``internal controls'' each place such term appears and inserting ``internal controls, cybersecurity systems, or information systems''; and (ii) by striking ``significant deficiencies'' and inserting ``cybersecurity risks, significant deficiencies,''. (c) Management Assessment.--Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is amended-- (1) in the heading of such section, by inserting after ``controls'' the following: ``and information systems''; (2) in subsection (a)-- (A) by inserting after ``contain an internal control'' the following: ``and information systems''; (B) in paragraph (1), by striking ``an adequate internal control structure and procedures for financial reporting'' and inserting ``adequate internal control and cybersecurity systems structures and procedures for financial and information systems reporting''; and (C) by amending paragraph (2) to read as follows: ``(2) contain assessments, as of the end of the most recent fiscal year of the issuer, of the effectiveness of-- ``(A) the internal control structure and procedures of the issuer for financial reporting; and ``(B) the cybersecurity systems structure of the issuer.''; and (3) in subsection (b)-- (A) in the heading of such subsection, by inserting after ``Internal Control'' the following; ``and Cybersecurity Systems''; and (B) by striking ``internal control assessment'' and inserting ``internal control and cybersecurity system structure assessments''. (d) Disclosure of Expert.--Section 407 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7265) is amended-- (1) in the heading of such section, by striking ``expert'' and inserting ``and cybersecurity systems experts''; (2) in subsection (a)-- (A) in the heading of such subsection, by striking ``Expert'' and inserting ``and Cybersecurity Experts''; and (B) by striking ``, as such term is defined by the Commission'' and inserting ``and at least 1 member who is a cybersecurity systems expert, as such terms are defined by the Commission in consultation with the Secretary of Homeland Security and the Secretary of Commerce''; and (3) by striking subsection (c) and inserting the following: ``(c) Considerations With Respect to Cybersecurity Experts.--In defining the term `cybersecurity expert' for purposes of subsection (a), the Commission shall, in consultation with the Secretary of Homeland Security and the Secretary of Commerce, consider whether a person has, through education or experience as an information technology officer or information systems security officer, or from a position involving the performance of similar functions-- ``(1) an understanding of generally accepted principles, practices, and law relating to computer security, computer network security, and data security and privacy; ``(2) experience in-- ``(A) the preparation of information systems audits for cybersecurity risk discovery; and ``(B) the maintenance, implementation, and monitoring of information systems and their cybersecurity systems; ``(3) experience with information systems aspects of internal accounting controls; and ``(4) an understanding of audit committee functions.''. (e) Enhanced Review.--Section 408 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7265) is amended-- (1) in subsection (a), by striking ``financial statement'' and inserting ``financial, information systems, and cybersecurity systems statements''; and (2) in subsection (b)-- (A) in paragraph (5), by striking ``and'' at the end; (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) the following: ``(6) issuers that have issued cybersecurity risks disclosures; and''. (f) Clerical Amendment.--The table of contents in section 1(b) of the Sarbanes-Oxley Act of 2002 is amended-- (1) in the item relating to section 302, by inserting after ``REPORTS'' the following: ``AND INFORMATION SYSTEMS''; (2) in the item relating to section 404, by inserting after ``CONTROLS'' the following: ``AND INFORMATION SYSTEMS''; and (3) in the item relating to section 407, by striking ``EXPERT'' and inserting ``AND CYBERSECURITY SYSTEMS EXPERTS''.

Cybersecurity Systems and Risks Reporting Act This bill amends the Sarbanes-Oxley Act of 2002 to apply to cybersecurity systems and cybersecurity systems officers the same requirements regarding corporate responsibility for financial reports and managements assessments of internal control structures and procedures for financial reporting as apply to public companies subject to oversight by the Securities and Exchange Commission (SEC). The SEC shall issue rules to define cybersecurity expert and require each issuer of securities to disclose whether or not (and if not, the reasons why) the issuer's audit committee has at least one member who is a cybersecurity expert. The SEC shall review an issuer's information systems and cybersecurity systems statements. In scheduling the such reviews the SEC shall consider, among other things, issuers that have issued cybersecurity risks disclosures.

Cybersecurity Systems and Risks Reporting Act