FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Patient Communications Protection Act of 1996''. (b) Findings.--Congress finds the following: (1) Patients need access to all relevant information to make appropriate decisions, with their physicians, about their health care. (2) Restrictions on the ability of physicians to provide full disclosure of all relevant information to patients making health care decisions violate the principles of informed consent and practitioner ethical standards. (3) The offering and operation of health plans affect commerce among the States. Health care providers located in one State serve patients who reside in other States as well as that State. In order to provide for uniform treatment of health care providers and patients among the States, it is necessary to cover health plans operating in one State as well as those operating among the several States. SEC. 2. PROHIBITION OF INTERFERENCE WITH CERTAIN MEDICAL COMMUNICATIONS. (a) In General.-- (1) Prohibition of certain provisions.--Subject to paragraph (2), an entity offering a health plan (as defined in subsection (d)(2)) may not include any provision that prohibits or restricts any medical communication (as defined in subsection (b)) as part of-- (A) a written contract or agreement with a health care provider, (B) a written statement to such a provider, or (C) an oral communication to such a provider. (2) Construction.--Nothing in this section shall be construed as preventing an entity from exercising mutually agreed upon terms and conditions not inconsistent with paragraph (1), including terms or conditions requiring a physician to participate in, and cooperate with, all programs, policies, and procedures developed or operated by the person, corporation, partnership, association, or other organization to ensure, review, or improve the quality of health care. (3) Nullification.--Any provision described in paragraph (1) is null and void. (b) Medical Communication Defined.--In this section, the term ``medical communication'' means a communication made by a health care provider with a patient of the provider (or the guardian or legal representative of such patient) with respect to the patient's physical or mental condition or treatment options. (c) Enforcement Through Imposition of Civil Money Penalty.-- (1) In general.--Any entity that violates paragraph (1) of subsection (a) shall be subject to a civil money penalty of up to $15,000 for each violation. No such penalty shall be imposed solely on the basis of an oral communication unless the communication is part of a pattern or practice of such communications and the violation is demonstrated by a preponderance of the evidence. (2) Procedures.--The provisions of subsections (c) through (l) of section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) shall apply to civil money penalties under paragraph (1) in the same manner as they apply to a penalty or proceeding under section 1128A(a) of such Act. (d) Definitions.--For purposes of this section: (1) Health care provider.--The term ``health care provider'' means anyone licensed under State law to provide health care services, including a practitioner such as a nurse anesthetist or chiropractor who is so licensed. (2) Health plan.--The term ``health plan'' means any public or private health plan or arrangement (including an employee welfare benefit plan) which provides, or pays the cost of, health benefits, and includes an organization of health care providers that furnishes health services under a contract or agreement with such a plan. (3) Coverage of third party administrators.--In the case of a health plan that is an employee welfare benefit plan (as defined in section 3(1) of the Employee Retirement Income Security Act of 1974), any third party administrator or other person with responsibility for contracts with health care providers under the plan shall be considered, for purposes of this section, to be an entity offering such health plan. (e) Non-Preemption of State Law.--A State may establish or enforce requirements with respect to the subject matter of this section, but only if such requirements are consistent with the Act and are more protective of medical communications than the requirements established under this section. (g) Effective Date.--Subsection (a) shall take effect 180 days after the date of the enactment of this Act and shall apply to medical communications made on or after such date.

Patient Communications Protection Act of 1996 - Prohibits an entity offering a health plan from prohibiting or restricting any communication by a health care provider with a patient regarding the patient's physical or mental condition or treatment options. Mandates a civil monetary penalty. Allows related State requirements only if they are more protective of such communications than the requirements of this Act.

Patient Communications Protection Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Bank Mortgage Servicing Asset Capital Requirements Study Act of 2014''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Banking institution.--The term ``banking institution'' means a bank holding company, insured depository institution, or savings and loan holding company. (2) Basel iii capital requirements.--The term ``Basel III capital requirements'' means the Global Regulatory Framework for More Resilient Banks and Banking Systems issued by the Basel Committee on Banking Supervision on December 16, 2010, as revised on June 1, 2011. (3) Federal banking agencies.--The term ``Federal banking agencies'' means the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation. (4) Mortgage servicing asset.--The term ``mortgage servicing asset'' means those assets that result from contracts to service loans secured by real estate, where such loans are owned by third parties. (5) Nonsystemic banking institution.--The term ``nonsystemic banking institution'' means any banking institution other than an institution identified by the Financial Stability Board as a ``global systemically important bank''. (6) Other definitions.--The terms ``bank holding company'', ``insured depository institution'', and ``savings and loan holding company'' have the meanings given such terms, respectively, under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). SEC. 3. STUDY OF THE APPROPRIATE CAPITAL FOR MORTGAGE SERVICING ASSETS. (a) In General.--The Federal banking agencies shall, jointly, conduct a study of the appropriate capital requirements for mortgage servicing assets for nonsystemic banking institutions. (b) Issues To Be Studied.--The study required by this section shall include, with a specific focus on nonsystemic banking institutions-- (1) the risk to insured depository institutions of holding mortgage servicing assets; (2) the history of the market for mortgage servicing assets, including particularly the market for such assets in the period of the financial crisis; (3) the ability of insured depository institutions to establish a value for their mortgage servicing assets through periodic sales or other means; (4) regulatory approaches to mortgage servicing assets in addition to capital requirements that could be used to address concerns about the value of and ability to sell mortgage servicing assets; (5) the impact of imposing the Basel III capital requirements on nonsystemic banking institutions on their ability to compete in the mortgage servicing business, including the need for economies of scale to compete in that business, and on their ability to provide service to consumers to whom they have made a mortgage loan; (6) an analysis of what the mortgage servicing marketplace would look like if the Basel III capital requirements on mortgage servicing assets were fully implemented; (7) the significance of problems with mortgage servicing assets, if any, in insured depository institution failures and problem insured depository institutions, including specifically identifying failed insured depository institutions where mortgage servicing assets contributed to the failure; and (8) an analysis of the relevance of the Basel III capital requirements on mortgage servicing assets to the banking systems of other significant developed countries. (c) Report to Congress.--Not later than the end of the 1-year period beginning on the date of the enactment of this Act, the Federal banking agencies shall issue a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives containing-- (1) the results of the study required under subsection (a); and (2) any analysis on the specific issue of mortgage servicing assets undertaken by the Federal banking agencies prior to finalizing regulations implementing the Basel III capital requirements. SEC. 4. DELAY OF RULEMAKING. (a) Rules on Mortgage Servicing Assets.--Notwithstanding any other provision of law, no regulation to implement the Basel III capital requirements with respect to mortgage servicing assets for nonsystemic banking institutions shall take effect before the end of the 6-month period beginning on the date the report is issued under section 3(c). (b) Final Rule Requirements.--Before any final rule is issued by a Federal banking agency with respect to capital requirements on mortgage servicing assets for nonsystemic banking institutions, the Federal banking agency shall-- (1) if the related proposed rule was issued before the date on which the report is issued under section 3(c), issue a new proposed rule for public comment; and (2) consider regulatory approaches to mortgage servicing assets that could address concerns about the value of and ability to sell mortgage servicing assets.

Community Bank Mortgage Servicing Asset Capital Requirements Study Act of 2014 - Directs the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation (FDIC) (federal banking agencies) to study jointly the appropriate capital requirements for mortgage servicing assets for any banking institution other than an institution identified by the Financial Stability Board as a global systemically important bank. Prohibits regulations to implement the Global Regulatory Framework for More Resilient Banks and Banking Systems issued by the Basel Committee on Banking Supervision on December 16, 2010, as revised on June 1, 2011, (Basel III capital requirements) with respect to mortgage servicing assets for nonsystemic banking institutions from taking effect until six months after the report on the study is issued to Congress.

Community Bank Mortgage Servicing Asset Capital Requirements Study Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dietary Supplement Information Act''. SEC. 2. REGISTRATION, REPORTING, AND POSTMARKET SURVEILLANCE REGARDING DIETARY SUPPLEMENTS. (a) In General.--Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following section: ``registration, reporting, and postmarket surveillance regarding dietary supplements ``Sec. 414. (a) Registration.-- ``(1) Annual registration.--Each calendar year a person who in any State owns or operates an establishment engaged in the business of manufacturing, packing, or distributing a dietary supplement shall register with the Secretary the name of the person, places of business, and all such establishments. ``(2) Initial manufacturing.--A person, upon first engaging in a business described in paragraph (1) in an establishment that the person owns or operates in any State, shall immediately register with the Secretary the name of the person, place of business, and such establishment. ``(3) Additional establishments.--A person duly registered in accordance with paragraph (1) or (2), upon engaging in the business involved in any additional establishment that the person owns or operates in any State, shall immediately register with the Secretary the additional establishment. ``(4) Imports.--Any establishment within any foreign country engaged in the manufacture of a dietary supplement that is imported or offered for import into the United States shall register with the Secretary the name and place of business of the establishment and the name of the United States agent for the establishment. ``(5) Product information.-- ``(A) Labeling; other information.--In addition to information that under any of paragraphs (1) through (4) is required to be provided in a registration, the registration shall provide the labeling of the dietary supplements involved (except to the extent that another registration under this subsection provides the labeling) and such other information describing the dietary supplements as the Secretary may by regulation require. ``(B) Changes in underlying facts.-- With respect to information that pursuant to subparagraph (A) is submitted in a registration, if after submitting the registration to the Secretary any of the underlying facts change, the person involved shall submit revised information to the Secretary in accordance with such criteria and procedures as the Secretary may establish, which may include requiring the submission of a substitute registration. The revised information shall be so submitted not later than 30 days after the date on which the factual changes occur. ``(C) Premarket submission of labeling for postenactment products.--In the case of a dietary supplement that was not in commercial distribution as of the day before the date of the enactment of the Dietary Supplement Information Act, the manufacturer of such supplement shall submit the labeling for the supplement to the Secretary in accordance with subparagraph (A) before introducing the supplement into interstate commerce or delivering the supplement for such introduction. ``(6) Fees.--The Secretary may by regulation establish a requirement that a registration under this subsection is subject to a fee to be assessed and collected by the Secretary. Subject to the extent of amounts approved in advance by an appropriation Act for the fiscal year involved, amounts collected by the Secretary under the preceding sentence are available to the Secretary for the purpose of carrying out the responsibilities of the Secretary under this subsection and subsection (b). The Secretary may waive the requirement that a person pay such a fee if the Secretary determines that the waiver is justified on the basis that the person is a small business. ``(b) Reporting of Information on Adverse Experiences.-- ``(1) Serious experiences.--Each person who is a manufacturer of a dietary supplement, or a packer or distributor of the supplement whose name appears on the labeling of the supplement, shall-- ``(A) report to the Secretary in accordance with paragraph (2) any information received by such person on serious adverse experiences regarding the supplement; and ``(B) develop written procedures regarding the submission to the Secretary of such reports, including procedures for surveillance, receipt, and evaluation of information on such experiences. ``(2) Reporting of serious experiences.-- ``(A) Initial report.--With respect to the initial receipt of information on a serious adverse experience, a person with reporting responsibility under paragraph (1) shall submit the report to the Secretary as soon as is possible, but in no case later than 15 calendar days after the initial receipt of the information. Such report shall be accompanied by a copy of the current labeling for the dietary supplement involved. ``(B) Investigation and follow-up.--A person submitting an initial report under subparagraph (A) on a serious adverse experience shall promptly investigate the experience, and if additional information is obtained, shall report the information to the Secretary not later than 15 days after obtaining the information. If no additional information is obtained, records of the steps taken to seek additional information shall be maintained by the person. ``(C) Duplicative reporting.--In order to avoid duplicative reporting under this paragraph, the Secretary may provide for procedures under which persons who are packers or distributors described in paragraph (1) submit reports under this paragraph to the manufacturer involved rather than the Secretary, with the manufacturers then submitting the required reports to the Secretary, subject to the Secretary establishing requirements to ensure that the Secretary receives reports within the applicable period of time specified in subparagraph (A) or (B). ``(3) Clinical evaluations by secretary.--The Secretary shall conduct a clinical evaluation of each serious adverse experience reported to the Secretary under paragraph (2) (except to the extent that the patient involved or the next of kin for the patient, as the case may be, elects not to cooperate with the Secretary). ``(4) Additional requirements for manufacturers.-- ``(A) General review regarding adverse experiences.--A manufacturer of a dietary supplement shall promptly review all information on adverse experiences regarding the supplement obtained or otherwise received by the manufacturer. The preceding sentence applies to information without regard to the source of the information, foreign or domestic, and includes information derived from sources such as commercial marketing experience, postmarketing investigations, postmarketing surveillance, studies, reports in the scientific literature, and unpublished scientific papers. ``(B) Periodic reports on nonserious experiences.-- With respect to the receipt of information on adverse experiences that are not serious, a manufacturer of the dietary supplement involved shall submit reports to the Secretary annually, or at such shorter intervals as the Secretary may require. Each such report shall meet such requirements as the Secretary may establish. ``(5) Authority of secretary.--In addition to requirements established in this subsection, the Secretary may establish such requirements regarding the reporting of information on adverse experiences as the Secretary determines to be appropriate to protect the public health. The Secretary may establish waivers from requirements under this subsection regarding such information if the Secretary determines that compliance with the requirement involved is not necessary to protect the public health regarding such supplements. ``(6) System for coordinating reports received by secretary.--With respect to reports of adverse health experiences submitted to the Secretary (whether required under this subsection or otherwise), the Secretary shall establish a system to receive the reports, refer the reports to the appropriate officials within the Food and Drug Administration, store and retrieve the reports, store and retrieve records of activities carried out in response to the reports, and carry out such other administrative functions regarding the reports as the Secretary determines to be appropriate. ``(7) Data collection by secretary.--The Secretary shall carry out a program to collect data on serious adverse experiences, in addition to receiving reports required in this subsection. In carrying out such program, the Secretary shall seek the cooperation of appropriate public and private entities, including entities that respond to medical emergencies. ``(8) Definitions.--For purposes of this section: ``(A) The term `adverse experience' means an adverse experience regarding a dietary supplement. ``(B) The term `adverse experience regarding a dietary supplement' means any adverse event associated with the use of such supplement in humans, whether or not such event is considered to be related to the supplement by a person referred to in paragraph (1) who obtains the information. ``(C) The term `serious', with respect to an adverse experience, means an adverse experience to which any of clauses (i) through (iii) applies, as follows: ``(i) The experience is associated with any of the following outcomes: Death; a life- threatening condition; inpatient hospitalization or prolongation of existing hospitalization; a persistent or significant disability or incapacity; or a congenital anomaly, birth defect, or other effect regarding pregnancy, including premature labor or low birth weight. ``(ii) The experience requires medical or surgical intervention to prevent one of the outcomes specified in clause (i). ``(iii) There is reason to believe that a factor associated with the experience is the interaction of the dietary supplement involved with a drug, without regard to whether clause (i) or (ii) applies to the experience. ``(c) Postmarket Surveillance.-- ``(1) Authority to require surveillance.--The Secretary may by order require a manufacturer of a dietary supplement to conduct postmarket surveillance for such supplement if the Secretary determines that there is a reasonable possibility that a use or expected use of the supplement by a significant number of consumers may have serious adverse health consequences. ``(2) Surveillance plan.-- ``(A) In general.--Not later than 30 days after receiving from the Secretary an order under paragraph (1) to conduct surveillance for a dietary supplement, the manufacturer involved shall submit to the Secretary, for the approval of the Secretary, a plan for the required surveillance. ``(B) Qualifications regarding surveillance; data regarding adverse experiences.--Not later than 60 days after a plan is submitted to the Secretary under subparagraph (A), the Secretary shall determine whether-- ``(i) the person designated to conduct the surveillance has appropriate qualifications and experience to conduct such surveillance; and ``(ii) the plan will result in the collection of useful data that can reveal adverse experiences or other information necessary to protect the public health. ``(3) Surveillance period.--In consultation with a manufacturer of a dietary supplement that is required to conduct surveillance under paragraph (1), the Secretary may by order require a prospective surveillance period for the manufacturer of up to 36 months. Any determination by the Secretary that a longer period is necessary shall be made by mutual agreement between the Secretary and the manufacturer or, if no agreement can be reached, after the completion of a dispute resolution process that is established by the Secretary by regulation. ``(d) Reporting in General.--In addition to requirements otherwise established under this section, a manufacturer of a dietary supplement shall establish and maintain such records, make such reports, and provide such information as the Secretary may by regulation reasonably require to assure that such supplement is not adulterated or misbranded.''. (b) Prohibited Acts.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(bb) The failure of a person to register, submit reports, or comply with any other requirement under section 414.''. SEC. 3. INSPECTION AUTHORITY REGARDING RECORDS ON DIETARY SUPPLEMENTS. Section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) is amended-- (1) in subsection (a)(1)-- (A) in the second sentence, by striking ``or restricted devices'' each place such term appears and inserting ``restricted devices, or dietary supplements''; and (B) in the third sentence-- (i) by striking ``and devices'' and inserting ``devices, and dietary supplements''; and (ii) by striking ``section 505(i) or (k)'' and inserting ``section 414, section 505(i), section 505(k),''; and (2) in subsection (e), by striking ``section 519'' and inserting ``section 414, 519,''. SEC. 4. LABELING OF DIETARY SUPPLEMENTS. Section 403(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(e)) is amended-- (1) by striking ``and (2)'' and inserting the following: ``(2) the toll-free telephone number, and the address of the Internet site, maintained by the Secretary for purposes of the medical product reporting program (MedWatch or any successor program); and (3) ''; and (2) by striking ``clause (2)'' and inserting ``clause (3)''. SEC. 5. PUBLICATION OF PROPOSED RULE ON CURRENT GOOD MANUFACTURING PRACTICES FOR DIETARY SUPPLEMENTS. Not later than 30 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall publish in the Federal Register a proposed rule for carrying out section 402(g) of the Federal Food, Drug, and Cosmetic Act.

Dietary Supplement Information Act - Amends the Federal Food, Drug, and Cosmetic Act to require a person owning or operating an establishment engaged in the business of manufacturing, packing, or distributing a dietary supplement to register with the Secretary of Health and Human the name of the person, places of business, and all such establishments. Requires immediate registration upon establishment of such a business and upon any additional establishments. Requires registration of dietary supplement importers. Sets forth labeling requirements and permits the Secretary to set registration fees.Requires any dietary supplement manufacturer, packer, or distributor to initially report to the Secretary any serious adverse reactions to a supplement, to investigate the reaction, and to report any additional information obtained to the Secretary. Sets forth additional requirements for manufacturers.Grants the Secretary authority to enter and inspect any factory, warehouse, or establishment in which dietary supplements are manufactured, processed, packed, or held, for introduction into interstate, or to enter and inspect any vehicle being used to transport or hold such supplements in interstate commerce.Deems a food (includes dietary supplements) misbranded if its label does not contain the toll-free telephone number, and the address of the Internet site, maintained by the Secretary for purposes of the medical product reporting program (MedWatch or any successor program).

To amend the Federal Food, Drug, and Cosmetic Act to require that manufacturers of dietary supplements register with the Food and Drug Administration, to require the submission to such Administration of reports on adverse experiences regarding such supplements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Preservation Act of 1996''. SEC. 2. INVESTMENT OF THE FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST FUND AND THE FEDERAL DISABILITY INSURANCE TRUST FUND. (a) In General.--Section 201(d) of the Social Security Act (42 U.S.C. 401(d)) is amended-- (1) by inserting ``(1)'' after ``(d)''; (2) by striking ``Such investments may be made only'' and inserting the following: ``Except as provided in paragraph (2), such investments may be made only''; (3) by striking the last sentence; and (4) by adding at the end the following new paragraph: ``(2)(A) The Managing Trustee shall determine the annual surplus (as defined in subparagraph (B)) for each of the Trust Funds as of the end of each fiscal year. The Managing Trustee shall ensure that such annual surplus is invested, throughout the next following fiscal year, in-- ``(i) marketable interest-bearing obligations of the United States or obligations guaranteed as to both principal and interest by the United States, purchased on original issue or at the market price, or ``(ii) certificates of deposit in insured depository institutions (as defined in section 3(c)(2) of the Federal Deposit Insurance Act). ``(B) For purposes of this paragraph, the `annual surplus' for either of the Trust Funds as of the end of a fiscal year is the excess (if any) of-- ``(i) the sum of-- ``(I) in the case of the Federal Old-Age and Survivors Insurance Trust Fund, the amounts appropriated to such Trust Fund under paragraphs (3) and (4) of subsection (a) for the fiscal year, ``(II) in the case of the Federal Disability Insurance Trust Fund, the amounts appropriated to such Trust Fund under paragraphs (1) and (2) of subsection (b) for the fiscal year, and ``(III) in either case, the amount appropriated to such Trust Fund under section 121(e) of the Social Security Amendments of 1983 for the fiscal year, and any amounts otherwise credited to or deposited in such Trust Fund under this title for the fiscal year, over ``(ii) the amounts paid or transferred from such Trust Fund during the fiscal year.''. (b) Effective Date.--The amendments made by this section shall apply with respect to annual surpluses as of the end of fiscal years beginning on or after October 1, 1996. SEC. 3. PROTECTION OF THE SOCIAL SECURITY TRUST FUNDS FROM THE PUBLIC DEBT LIMIT. (a) Protection of Trust Funds.--Notwithstanding any other provision of law-- (1) no officer or employee of the United States may-- (A) delay the deposit of any amount into (or delay the credit of any amount to) the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund or otherwise vary from the normal terms, procedures, or timing for making such deposits or credits, or (B) refrain from the investment in public debt obligations of amounts in either of such Trust Funds, if a purpose of such action or inaction is to not increase the amount of outstanding public debt obligations, and (2) no officer or employee of the United States may disinvest amounts in either of such Trust Funds which are invested in public debt obligations if a purpose of the disinvestment is to reduce the amount of outstanding public debt obligations. (b) Protection of Benefits and Expenditures for Administrative Expenses.-- (1) In general.--Notwithstanding subsection (a), during any period for which cash benefits or administrative expenses would not otherwise be payable from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund by reason of an inability to issue further public debt obligations because of the applicable public debt limit, public debt obligations held by such Trush Fund shall be sold or redeemed only for the purpose of making payment of such benefits or administrative expenses and only to the extent cash assets of such Trust Fund are not available from month to month for making payment of such benefits or administrative expenses. (2) Issuance of corresponding debt.--For purposes of undertaking the sale or redemption of public debt obligations held by the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund pursuant to paragraph (1), the Secretary of the Treasury may issue corresponding public debt obligations to the public, in order to obtain the cash necessary for payment of benefits or administrative expenses from such Trust Fund, notwithstanding the public debt limit. (3) Advance notice of sale or redemption.--Not less than 3 days prior to the date on which, by reason of the public debt limit, the Secretary of the Treasury expects to undertake a sale or redemption authorized under paragraph (1), the Secretary of the Treasury shall report to each House of the Congress and to the Comptroller General of the United States regarding the expected sale or redemption. Upon receipt of such report, the Comptroller General shall review the extent of compliance with subsection (a) and paragraphs (1) and (2) of this subsection and shall issue such findings and recommendations to each House of the Congress as the Comptroller General considers necessary and appropriate. (c) Public Debt Obligation.--For purposes of this section, the term ``public debt obligation'' means any obligation subject to the public debt limit established under section 3101 of title 31, United States Code.

Social Security Preservation Act of 1996 - Amends title II (Old Age, Survivors and Disability Insurance)(OASDI) of the Social Security Act to require the Managing Trustee of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (trust funds) to ensure that the annual surplus of the trust funds is invested in: (1) marketable interest-bearing obligations of the United States or obligations guaranteed by the United States; or (2) certificates of deposit in insured depository institutions. Prescribes a formula for determining the annual surplus of the trust funds. Prohibits disinvestment of trust fund amounts from public debt obligations, any refraining from making such investments, or any delay in making normal deposits in such trust funds for public debt limit-related purposes. Authorizes the sale of trust fund public debt obligations for the payment of OASDI cash benefits and administrative expenses, with conditions, including notification to each House of Congress and the Comptroller General at least three days in advance of such sale.

Social Security Preservation Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Paperwork Reduction Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) The amount of paperwork special education teachers are required to complete is burdensome, takes valuable time away from the classroom, and undermines the goal of providing the best quality education possible to all children. (2) Special education teachers spend an average of 5 hours per week on paperwork, compared to general education teachers who spend an average of 2 hours per week on paperwork. (3) The average length of an individualized education program (referred to in this Act as an ``IEP''), 1 of the biggest sources of paperwork, is between 8 and 16 pages. (4) More than 60 percent of special education teachers spend between \1/2\ to 1\1/2\ days a week completing paperwork, according to a survey by the Council for Exceptional Children conducted in 2000. Though special education teachers believe IEPs are essential to providing quality instruction to students with disabilities, they say IEPs need to be streamlined and more relevant to their students' educational needs. (5) 83 percent of special education teachers report spending from \1/2\ to 1\1/2\ days each week in IEP-related meetings, and special education teachers estimate they spend 4 hours planning before each IEP meeting, according to the Council for Exceptional Children. (6) 14 percent of special education teachers spend 1 hour or less per week on paperwork while 24 percent spend 1.5 to 3 hours and 8 percent spend 14 hours or more on paperwork. (7) 53 percent of special education teachers report that, to a great extent, their routine duties and paperwork interfere with their interaction with their students. (8) The causes of burdensome paperwork for special education teachers include-- (A) Federal regulations; (B) misconceptions at State and local levels regarding Federal regulations, resulting in additional State and local requirements; and (C) litigation and the threat of litigation. (9) The benefits of mediation as an alternative to lawsuits for special education disputes are the following: (A) Mediation can be a more constructive option for special education children, parents, and teachers because it allows families to maintain a positive relationship with teachers and service providers and parents have the benefit of working together with educators and service providers as partners instead of as adversaries. (B) Parents and children, most likely, will have their concerns addressed much more quickly through mediation than through litigation. (C) Mediation is a much less costly alternative for families and school districts. (D) Mediation often results in agreements with which both parties are satisfied and the parties tend to carry out the terms of the agreement, for example, in Pennsylvania, 85 percent of special education mediations end in agreement. SEC. 3. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Education. (2) Elementary school.--The term ``elementary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Individualized education program.--The term ``individualized education program'' has the meaning given the term in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401). (4) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Secondary school.--The term ``secondary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) State educational agency.--The term ``State educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). SEC. 4. PAPERWORK REDUCTION. (a) Gao Study and Report.-- (1) Study.-- (A) In general.--The Comptroller General shall conduct a study on the paperwork burden on special education teachers. (B) Causation.--In the study conducted under subparagraph (A), the Comptroller General shall-- (i) determine-- (I) how much of the paperwork burden on special education teachers is caused by Federal regulations compared to State and local regulations; (II) the number of mediations that have been conducted since mediations were required to be made available under the Individuals with Disabilities Education Act Amendments of 1997; and (III) the amount of money that State educational agencies and local educational agencies have saved as a result of participating in mediations under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) for special education disputes as opposed to engaging in litigation; and (ii) examine-- (I) the impact the Individuals with Disabilities Education Act Amendments of 1997 have had on the paperwork burden on special education teachers; (II) streamlining IEP forms and regulations; and (III) the use of technology in reducing the paperwork burden on special education teachers. (2) Report.-- (A) Submission.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit a report to Congress on the study conducted under paragraph (1). (B) Contents.--The report submitted under subparagraph (A) shall include recommendations-- (i) on steps that Congress, the Department, State educational agencies, and local educational agencies could take to comply with the requirement of subsection (b); and (ii) on the use of technology in reducing the paperwork burden on special education teachers. (b) Reduction.-- (1) Required reductions.--Not later than 18 months after the date of enactment of this Act, the Department, in cooperation with each State educational agency and local educational agency that receives Federal funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) or the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), shall reduce the amount of paperwork that such entities require special education teachers to complete by not less than a net 50 percent. (2) Reduction goals.--The Department and each State educational agency and local educational agency that receives Federal funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) or the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) are encouraged to reduce the amount of paperwork that such entities require special education teachers to complete by more than a net 50 percent. SEC. 5. MANDATORY MEDIATION. (a) Mediation.--The Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) is amended-- (1) in section 615(e)-- (A) in paragraph (1)-- (i) by striking ``allow'' and inserting ``require''; and (ii) by striking ``process'' and all that follows and inserting ``process.''; and (B) in paragraph (2)-- (i) in subparagraph (A)(i), by striking ``voluntary'' and inserting ``mandatory''; (ii) by striking subparagraph (B); (iii) by redesignating subparagraphs (C) through (G) as subparagraphs (B) through (F), respectively; and (iv) in subparagraph (C), as redesignated by clause (iii), by striking ``process,'' and all that follows and inserting ``process.''; and (2) in section 682(b)(5), by striking ``, consistent with subparagraphs (B) and (D) of section 615(e)(2),''. (b) Effective Date.--The amendments made by this section shall take effect 1 year after the date of enactment of this Act. SEC. 6. FUNDING. From funds appropriated for part D of the Individuals with Disabilities Education Act (20 U.S.C. 1451 et seq.), the Department shall award grants-- (1) to conduct research to determine best practices for successful mediation, including training practices, that can help contribute to the effort to reduce paperwork, improve student outcomes, and free up teacher resources for teaching; and (2) to provide mediation training support services.

Teacher Paperwork Reduction Act of 2002 - Directs the Comptroller General to study the causes of the paperwork burden of special education teachers and report to Congress with recommendations for reducing it.Requires the Department of Education, along with State and local educational agencies, to reduce such burden by at least 50 percent within 18 months.Amends the Individuals with Disabilities Education Act (IDEA) to make mediation mandatory (currently voluntary) for all legal disputes related to Individual Education Programs.Directs the Department to use certain appropriations under IDEA part D to award grants to: (1) conduct research to determine best practices for successful mediation; and (2) provide mediation training support services.

A bill to reduce the amount of paperwork for special education teachers, to make mediation mandatory for all legal disputes related to individualized education programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Real Access to College Education Act of 2007''. SEC. 2. DEDUCTION FOR QUALIFIED POST-SECONDARY EDUCATIONAL EXPENSES. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. COSTS OF POST-SECONDARY EDUCATION. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the qualified post-secondary educational expenses paid or incurred by the taxpayer with respect to the taxpayer and, in the case of a joint return, the taxpayer's spouse. ``(b) Limitations.-- ``(1) Dollar amount limitation.--The qualified post- secondary educational expenses taken into account under subsection (a) with respect to any individual for any taxable year shall not exceed $13,150. ``(2) Limitation based on modified adjusted gross income.-- ``(A) In general.--The amount which would (but for this paragraph) be taken into account under subsection (a) for the taxable year shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $55,000 (twice such amount in the case of a joint return), bears to ``(ii) $10,000 ($20,000 in the case of a joint return). ``(C) Modified adjusted gross income.--For purposes of this paragraph, 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 Post-Secondary Educational Expenses.--For purposes of this section, the term `qualified post-secondary educational expenses' means-- ``(1) qualified tuition and related expenses (as defined in section 25A(f)(1)), and ``(2) reasonable costs incurred for room and board of the individual while such individual is attending an eligible educational institution (as defined in section 25A(f)(2)) which are not in excess of the limitations imposed under section 529(e)(3)(B)(ii). ``(d) Student Must Be at Least Half Time.--No expense shall be taken into account under subsection (a) with respect to any individual unless such individual is an eligible student (as defined in section 25A(b)(3)) with respect to the academic period to which such expense relates. ``(e) Application of Certain Rules.--Rules similar to the rules of subsections (e) and (g) of section 25A shall apply for purposes of this section. ``(f) Inflation Adjustment.-- ``(1) In general.--In the case of a taxable year beginning after 2007, the dollar amounts contained in paragraphs (1) and (2)(B)(i)(II) of subsection (b) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $1,000 such amount shall be rounded to the next lowest multiple of $1,000. In the case of the adjustment of the dollar amount contained in subsection (b)(1), the previous sentence shall be applied by substituting `$50' for `$1,000'.''. (b) Deduction Allowed in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by inserting before the last sentence the following new paragraph: ``(22) Costs of post-secondary education.--The deduction allowed by section 224.''. (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and inserting before such item the following new item: ``Sec. 224. Costs of post-secondary education.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Real Access to College Education Act of 2007 - Amends the Internal Revenue Code to allow individual taxpayers (and their spouses if a joint return is filed) a tax deduction from gross income for post-secondary educational expenses, including tuition and related expenses and room and board. Limits the annual amount of such deduction to $13,150, subject to an adjustment based on the taxpayer's modified adjusted gross income.

To amend the Internal Revenue Code of 1986 to provide a deduction for the cost of attendance at an eligible educational institution.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teachers for Tomorrow's Careers Act of 2005''. SEC. 2. QUALIFIED TUITION AND RELATED EXPENSES. (a) Extension.-- (1) In general.--Subsection (e) of section 222 of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``December 31, 2005'' and inserting ``December 31, 2006''. (2) Limitations.--Paragraph (2) of section 222(b) of such Code (relating to applicable dollar limit) is amended by striking subparagraphs (A) and (B), by redesignating subparagraph (C) as subparagraph (B), and by inserting before subparagraph (B) (as so redesignated) the following: ``(A) 2006.--In the case of a taxable year beginning in 2006, the applicable dollar amount shall be equal to-- ``(i) in the case of a taxpayer whose adjusted gross income for the taxable year does not exceed $65,000 ($130,000 in the case of a joint return), $4,000, ``(ii) in the case of a taxpayer not described in clause (i) whose adjusted gross income for the taxable year does not exceed $80,000 ($160,000 in the case of a joint return), $2,000, and ``(iii) in the case of any other taxpayer, zero.''. (b) Expansion for Qualified Science, Technology, Engineering, or Math Teachers and Professionals.--Subsection (d) of section 222 of such Code (relating to definitions and special rules) is amended by inserting at the end the following new paragraph: ``(7) Qualified science, technology, engineering, or math teachers and professionals.-- ``(A) In general.--In the case of payments made with respect to a qualified science, technology, engineering, or math teacher or with respect to a qualified science, technology, engineering, or math professional-- ``(i) Dollar limitation not applicable.-- Subsection (b) shall not apply. ``(ii) Certification expenses.--Paragraph (1) shall apply by inserting at the end the following new sentences: `With respect to a qualified science, technology, engineering, or math teacher, such expenses shall include all fees related to the initial certification of an individual as a teacher of science, technology, engineering, or math in the individual's State licensing system. The deduction under subsection (a) with respect to certification expenses referred to in the preceding sentence shall be allowed, in the case of any such expense paid or incurred before or during the taxable year in which such individual meets the requirements of paragraph (7)(B)(i), for the taxable year in which such individual meets such requirements.' ``(B) Definitions.--For purposes of this paragraph-- ``(i) Qualified science, technology, engineering, or math teacher.--With respect to a taxable year, the term `qualified science, technology, engineering, or math teacher' means an individual who-- ``(I) has a bachelor's degree or other advanced degree in a field related to science, technology, engineering, or math, ``(II) was employed as a non- teaching professional in a field related to science, technology, engineering, or math for not less than 3 taxable years during the 10-taxable- year period ending with the taxable year, ``(III) is certified as a teacher of science, technology, engineering, or math in the individual's State licensing system for the first time during such taxable year, and ``(IV) is employed at least part- time as a teacher of science, technology, engineering, or math in an elementary or secondary school during such taxable year. ``(ii) Qualified science, technology, engineering, or math professional.--With respect to a taxable year, the term `qualified science, technology, engineering, or math professional' means an individual who-- ``(I) has a bachelor's degree or other advanced degree in a field related to science, technology, engineering, or math, ``(II) was employed as a non- teaching professional in a field related to science, technology, engineering, or math for not less than 3 taxable years during the 10-taxable- year period ending with the taxable year, and ``(III) has paid or incurred fees during the taxable year with respect to the enrollment or attendance of such individual in courses of instruction required for the initial certification of such individual as a teacher of science, technology, engineering, or math in the individual's State licensing system.''. (c) Effective Date.--The amendments made by this section shall apply to payments made in taxable years ending after the date of the enactment of this Act.

Teachers for Tomorrow's Careers Act of 2005 - Amends the Internal Revenue Code to: (1) extend through 2006 the tax deduction for qualified tuition and related expenses; and (2) allow an unlimited deduction for the expenses of certified science, technology, engineering, or math teachers and professionals.

To amend the Internal Revenue Code of 1986 to extend the deduction for qualified tuition and related expenses and to expand such deduction for certain science, technology, engineering, and math professionals who become certified teachers.

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Indian Contracting and Federal Land Management Demonstration Project Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to expand the provisions of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450 et seq.) to increase Indian employment and income through greater contracting opportunities with the Federal Government; (2) to encourage contracting by Indians and Indian tribes with respect to management of Federal land-- (A) to realize the benefit of Indian knowledge and expertise with respect to the land; and (B) to promote innovative management strategies on Federal land that will result in greater sensitivity toward, and respect for, religious beliefs and sacred sites of Indians and Indian tribes; (3) to better accommodate access to and ceremonial use of Indian sacred land by Indian religious practitioners; and (4) to prevent significant damage to Indian sacred land. SEC. 3. TRIBAL PROCUREMENT CONTRACTING AND RESERVATION DEVELOPMENT. Section 7 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) is amended by adding at the end the following: ``(d) Tribal Procurement Contracting and Reservation Development.-- ``(1) In general.--Subject to paragraph (2), on request by and application of an Indian tribe to provide certain services or deliverables that the Secretary of the Interior would otherwise procure from a private-sector entity (referred to in this subsection as an `applicant tribe'), and absent a request made by 1 or more Indian tribes that would receive a direct benefit from those services or deliverables to enter into contracts for those services or deliverables in accordance with section 102 (referred to in this subsection as a `beneficiary tribe'), the Secretary of the Interior shall enter into contracts for those services or deliverables with the applicant tribe in accordance with section 102. ``(2) Assurances.--An applicant tribe shall provide the Secretary of the Interior with assurances that the principal beneficiary tribes that receive the services and deliverables for which the applicant tribe has entered into a contract with the Secretary of the Interior remain the Indian tribes originally intended to benefit from the services or deliverables. ``(3) Rights and privileges.--For the purpose of this subsection, an applicant tribe shall enjoy, at a minimum, the same rights and privileges under this Act as would a beneficiary tribe if the beneficiary tribe exercised rights to enter into a contract relating to services or deliverables in accordance with section 102. ``(4) Notice of desire to contract.--If a beneficiary tribe seeks to enter into a contract with the Secretary of the Interior for services or deliverables being provided by an applicant tribe-- ``(A) the beneficiary tribe shall immediately provide notice of the desire to enter into a contract for those services and deliverables to the applicant tribe and the Secretary; and ``(B) not later than the date that is 180 days after the date on which the applicant tribe and the Secretary of the Interior receive the notice, the contract between the applicant tribe and the Secretary of the Interior for the services or deliverables shall terminate.''. SEC. 4. INDIAN AND FEDERAL LAND MANAGEMENT DEMONSTRATION PROJECT. Section 403 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458cc) is amended by adding at the end the following: ``(m) Indian and Federal Land Management Demonstration Project.-- ``(1) Definitions.--In this subsection: ``(A) Federal land.-- ``(i) In general.--The term `Federal land' means any land or interest in or to land owned by the United States. ``(ii) Inclusion.--The term `Federal land' includes a leasehold interest held by the United States. ``(iii) Exclusion.--The term `Federal land' does not include land held in trust by the United States for the benefit of an Indian tribe. ``(B) Project.--The term `project' means the Indian and Federal Land Management Demonstration Project established under paragraph (2). ``(C) Secretary.--The term `Secretary' means the Secretary of the Interior. ``(2) Establishment.--The Secretary shall establish a demonstration project, to be known as the `Indian and Federal Land Management Demonstration Project', to enter into contracts with Indian tribes or tribal organizations under which the Indian tribes or tribal organizations shall carry out activities relating to Federal land management, including-- ``(A) archaeological, anthropological, and cultural surveys and analyses; and ``(B) activities relating to the identification, maintenance, or protection of land considered to have religious, ceremonial, or cultural significance to the Indian tribe or tribal organization. ``(3) Participation.--During each of the 2 fiscal years after the date of enactment of this subsection, the Secretary shall select not less than 12 eligible Indian tribes or tribal organizations to participate in the project. ``(4) Eligibility.--To be eligible to participate in the project, an Indian tribe or tribal organization, shall-- ``(A) request participation by resolution or other official action of the governing body of the Indian tribe or tribal organization; ``(B) with respect to the 3 fiscal years immediately preceding the fiscal year for which participation is requested, demonstrate financial stability and financial management capability by showing that there were no unresolved significant and material audit exceptions in the required annual audit of the self-determination contracts of the Indian tribe or tribal organization; ``(C) demonstrate significant use of or dependency on the relevant conservation system unit or other public land unit for which programs, functions, services, and activities are requested to be placed under contract with respect to the project; and ``(D) before entering into any contract described in paragraph (6), complete a planning phase described in paragraph (5). ``(5) Planning phase.--Not later than 1 year after the date on which the Secretary selects an Indian tribe or tribal organization to participate in the project, the Indian tribe or tribal organization shall complete, to the satisfaction of the Indian tribe or tribal organization, a planning phase that includes-- ``(A) legal and budgetary research; and ``(B) internal tribal planning and organizational preparation. ``(6) Contracts.-- ``(A) In general.--On request by an Indian tribe or tribal organization that meets the eligibility criteria specified in paragraph (4), the Secretary shall negotiate and enter into a contract with the Indian tribe or tribal organization under which the Indian tribe or tribal organization shall plan, conduct, and administer programs, services, functions, and activities (or portions of programs, services, functions, and activities) requested by the Indian tribe or tribal organization that relate to-- ``(i) archaeological, anthropological, and cultural surveys and analyses; and ``(ii) the identification, maintenance, or protection of land considered to have religious, ceremonial, or cultural significance to the Indian tribe or tribal organization. ``(B) Time limitation for negotiation of contracts.--Not later than 90 days after a participating Indian tribe or tribal organization notifies the Secretary of completion by the Indian tribe or tribal organization of the planning phase described in paragraph (5), the Secretary shall initiate and conclude negotiations with respect to a contract described in subparagraph (A) (unless an alternative negotiation and implementation schedule is agreed to by the Secretary and the Indian tribe or tribal organization). ``(C) Implementation.--An Indian tribe or tribal organization that enters into a contract under this paragraph shall begin implementation of the contract-- ``(i) not later than October 1 of the fiscal year following the fiscal year in which the Indian tribe or tribal organization completes the planning phase under paragraph (5); or ``(ii) in accordance with an alternative implementation schedule agreed to under subparagraph (B). ``(D) Term.--A contract entered into under this paragraph may have a term of not to exceed 5 fiscal years, beginning with the fiscal year in which the contract is entered into. ``(E) Declination and appeals provisions.--The provisions of this Act relating to declination and appeals of contracts, including section 110, shall apply to a contract negotiated under this paragraph. ``(7) Administration of contracts.-- ``(A) Inclusion of certain terms.-- ``(i) In general.--At the request of an Indian tribe or tribal organization, the benefits, privileges, terms, and conditions of agreements entered into in accordance with this Act, and such other terms and conditions as are mutually agreed to and not otherwise contrary to law, may be included in a contract entered into under paragraph (6). ``(ii) Force and effect.--If any provision of this Act is incorporated in a contract under clause (i), the provision shall-- ``(I) have the same force and effect as under this Act; and ``(II) apply notwithstanding any other provision of law. ``(B) Audit.--A contract entered into under paragraph (6) shall provide for a single-agency audit report to be filed in accordance with chapter 75 of title 31, United States Code. ``(C) Transfer of employees.-- ``(i) In general.--A Federal employee employed at the time of transfer of administrative responsibility for a program, service, function, or activity to an Indian tribe or tribal organization under this subsection shall not be separated from Federal service by reason of the transfer. ``(ii) Intergovernmental actions.--An intergovernmental personnel action may be used to transfer supervision of a Federal employee described in clause (i) to an Indian tribe or tribal organization. ``(iii) Treatment of transferred employees.--Notwithstanding any priority reemployment list, directive, rule, regulation, or other order from the Department of the Interior, the Office of Management and Budget, or any other Federal agency, a Federal employee described in clause (i) shall be given priority placement for any available position within the respective agency of the employee. ``(8) Funding and payments.--A contract entered into under paragraph (6) shall provide that, with respect to the transfer of administrative responsibility for each program, service, function, and activity covered by the contract-- ``(A) for each fiscal year during which the contract is in effect, the Secretary shall provide to the Indian tribe or tribal organization that is a party to the contract funds in an amount that is at least equal to the amount that the Secretary would have otherwise expended in carrying out the program, service, function, or activity for the fiscal year; and ``(B) funds provided to an Indian tribe or tribal organization under subparagraph (A) shall be paid by the Secretary by such date before the beginning of the applicable fiscal year as the Secretary and the Indian tribe or tribal organization may jointly determine, in the form of annual or semiannual installments. ``(9) Planning grants.-- ``(A) In general.--Subject to the availability of appropriations, on application by an Indian tribe or tribal organization that is a participant in the project, the Secretary shall provide to the Indian tribe or tribal organization a grant in the amount of $100,000 to assist the Indian tribe or tribal organization in-- ``(i) completing the planning phase described in paragraph (5); and ``(ii) planning for the contracting of programs, functions, services, and activities in accordance with a contract entered into under paragraph (6). ``(B) No requirement of grant.--An Indian tribe or tribal organization may carry out responsibilities of the Indian tribe or tribal organization described in subparagraph (A) without applying for a grant under this paragraph. ``(C) Limitation on grants.--No Indian tribe or tribal organization may receive more than 1 grant under this paragraph. ``(D) Authorization of appropriations.--There are authorized to be appropriated to carry out this paragraph such sums as are necessary for each of the 2 fiscal years following the fiscal year in which this subsection is enacted. ``(10) Report.--Not later than 90 days after each of December 31, 2003, and December 31, 2006, the Secretary shall submit to Congress a detailed report on the project, including-- ``(A) a description of the project; ``(B) findings with respect to the project; and ``(C) an analysis of the costs and benefits of the project.''.

Indian Contracting and Federal Land Management Demonstration Project Act - Amends the Indian Self-Determination and Education Assistance Act to direct the Secretary of the Interior to contract with an applying Indian tribe for the provision of certain services or deliverables that would otherwise be procured from the private sector, and absent a request by one or more tribes that would receive a direct benefit from those services or deliverables to enter into such a contract.Requires the Secretary to establish the Native American Indian and Federal Land Management Demonstration Project.Requires the Secretary under such Project to contract with at least 12 Indian tribes or tribal organizations to plan, and administer programs, services, and activities relating archeological, anthropological, and cultural surveys and analyses, and activities related to the identification, maintenance, or protection of lands considered to have religious, ceremonial, or cultural significance to Indian tribes.

A bill to encourage contracting by Indians and Indian tribes for the management of Federal land, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Public-Private Partnership Act of 1993''. SEC. 2. ESTABLISHMENT OF BUSINESS INCENTIVE GRANT PROGRAM. The Secretary shall establish a program to make grants to-- (1) businesses and consortia-- (A) to pay start-up costs incurred to provide child care services needed by the employees of such businesses; or (B) to provide additional child care services needed by the employees of such businesses, other than services provided prior to the period for which the grant is made; and (2) nonprofit business organizations to provide technical information and assistance to enable businesses to provide child care services. SEC. 3. ELIGIBILITY TO RECEIVE GRANTS. To be eligible to receive a grant under section 2, a business, nonprofit business organization, or consortium shall submit an application to the Secretary in accordance with section 4. SEC. 4. APPLICATION. In submitting an application referred to in section 3, a business, nonprofit business organization, or consortium shall submit the application at such time, in such form, and containing such information as the Secretary may require by rule, except that such application shall contain-- (1) an assurance that the applicant shall make available, with respect to the costs to be incurred by the applicant in carrying out the activities for which such grant is made, non- Federal contributions in an amount equal to not less than $2 for every $1 of Federal funds provided under the grant; (2) an assurance that such applicant will expend such grant for the use specified in paragraph (1) or (2) of section 2, as the case may be; (3) an assurance that such applicant will employ strategies to ensure that child care services provided by such applicant, or provided with the technical information and assistance made available by such applicant, are provided at affordable rates, and on an equitable basis, to low- and moderate-income employees; (4) an assurance that such applicant-- (A) in the case of a business or consortium, will comply with all State and local licensing requirements applicable to such business or consortium concerning the provision of child care services; or (B) in the case of a nonprofit business organization, will employ procedures to ensure that technical information and assistance provided under this Act by such business organization will be provided only to businesses that comply with the requirements described in subparagraph (A); and (5) in the case of a business or consortium, an assurance that if the employees of such applicant do not require all the child care services for which such grant and the funds required by paragraph (1) are to be expended by such applicant, the excess of such child care services shall be made available to families in the community in which such applicant is located. SEC. 5. SELECTION OF GRANTEES. For purposes of selecting applicants to receive grants under this Act, the Secretary shall give priority to businesses that have fewer than 100 full-time employees. To the extent practicable, the Secretary shall-- (1) make grants equitably under this Act to applicants located in all geographical regions of the United States; and (2) give priority to applicants for grants under section 2(1). SEC. 6. DEFINITIONS. As used in this Act: (1) Business.--The term ``business'' means a person engaged in commerce whose primary activity is not providing child care services. (2) Child care services.--The term ``child care services'' means care for a child that is-- (A) provided on the site at which a parent of such child is employed or at a site nearby in the community; and (B) subsidized at least in part by the business that employs such parent. (3) Consortium.--The term ``consortium'' means-- (A) two or more businesses acting jointly; or (B) two or more businesses and a nonprofit private organization, acting jointly. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $25,000,000 for each of the fiscal years 1994, 1995, 1996, and 1997.

Child Care Public-Private Partnership Act of 1993 - Directs the Secretary of Health and Human Services to establish a business-incentive grant program to provide child care through public-private partnerships. Provides program grants to cover not more than one-third of the costs for: (1) businesses or consortia (two or more businesses acting jointly, which may also include a nonprofit private organization) to start up, or provide additional, employee child care services; and (2) nonprofit business organizations to provide technical information and assistance to enable businesses to provide employee child care services. Requires: (1) provision of such services equitably and affordably to low- and moderate-income employees; and (2) compliance with State and local licensing requirements. Gives priority in grant selection to businesses with fewer than 100 full-time employees and to business and consortia applications. Requires equitable geographic distribution. Authorizes appropriations.

Child Care Public-Private Partnership Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Poverty Reduction Act of 2017''. SEC. 2. ESTABLISHMENT OF WORKING GROUP. There is established in the Administration for Children and Families of the Department of Health and Human Services a group which shall be known as the Federal Interagency Working Group on Reducing Child Poverty (in this Act referred to as the ``Working Group''). SEC. 3. NATIONAL PLAN TO REDUCE CHILD POVERTY. (a) Primary Goal.-- (1) Development of national plan.--The primary goal of the Working Group is to develop a national plan-- (A) to reduce, within 10 years after the date on which funding is made available to carry out this Act-- (i) the number of children living in poverty in the United States to half of the number of such children as reported in the report of the United States Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States: 2015 (issued in September 2016); and (ii) the number of children living in extreme poverty in the United States to zero; and (B) to reduce, within 20 years after the date on which funds are made available to carry out this Act, the number of children living in poverty in the United States to zero. (2) Consultation with national academy of sciences.--In developing the national plan under paragraph (1), the Working Group shall consider all recommendations, research papers, and reports published by the National Academy of Sciences, including the Social Services and Income Maintenance Research conducted using amounts made available under the ``children and families services programs'' under the heading ``Administration for Children and Families'' under title II of division H of the Consolidated Appropriations Act, 2016 (Public Law 114-113) and of the Consolidated Appropriations Act, 2017 (Public Law 115- 31). (3) Deadline.--Not later than 180 days after the date of the enactment of this Act, the Working Group shall make substantial progress toward the development of the national plan. (b) Additional Goals.--The national plan under subsection (a) shall include recommendations for achieving the following goals: (1) Understanding the root causes of child poverty, including persistent intergenerational poverty, taking into account social, economic, and cultural factors. (2) Improving the accessibility of anti-poverty programs and increasing the rate of enrollment in such programs among eligible children and families by reducing the complexity and difficulty of enrolling in such programs. (3) Eliminating disparate rates of child poverty based on race, ethnicity, gender, age, English language proficiency, ability, and geographic location in a rural, urban, or suburban area. (4) Improving the ability of individuals living in poverty, low-income individuals, and unemployed individuals to access quality jobs that help children and their families rise above poverty. (5) Connecting low-income children, disconnected youth, and families of those children and youth to education, job training, work, and the respective communities in which those children and youth live in. (6) Shifting the measures and policies of Federal anti- poverty programs from the goal of helping individuals and families living in poverty to achieve freedom from deprivation toward the goal of helping individuals and families rise above poverty and achieve long-term economic stability. (c) Methods.--In developing the national plan under subsection (a), the Working Group shall employ methods for achieving the goals described in subsections (a) and (b), including-- (1) studying the effect that child poverty has on the health and welfare of children, including access to health care, housing, proper nutrition, and education; (2) measuring the effect of child poverty on the ability of individuals to achieve economic stability, including such effect on educational attainment, rates of incarceration, lifetime earnings, access to healthcare, and access to housing; (3) updating and applying improved measures of poverty that can meaningfully account for other aspects relating to the measure of poverty, such as the Supplemental Poverty Measure used by the United States Census Bureau; and (4) using and applying fact-based measures to evaluate the long-term effectiveness of anti-poverty programs, taking into account the long-term savings and value to the Federal Government and to State, local, and tribal governments of practices and policies designed to prevent poverty. SEC. 4. OTHER DUTIES. In addition to developing the national plan under section 3(a), the Working Group shall-- (1) monitor, in consultation with the Domestic Policy Council and the National Economic Council, all Federal activities, programs, and services related to child welfare and child poverty; (2) establish guidelines, policies, goals, and directives related to the achievement of the goals of the national plan, in consultation with-- (A) nongovernmental entities providing social services to low-income children and families; (B) advocacy groups that directly represent low- income children and families; (C) policy experts; and (D) officials of State, local, and tribal governments, including the working groups of the largest associations of State and local government officials, who administer or direct policy for anti- poverty programs; (3) advise all relevant Federal agencies regarding methods of effectively administering and coordinating programs, activities, and services related to child welfare and child poverty, and resolving any disputes that arise between or among those Federal agencies as a result of such administration or coordination; (4) provide recommendations to the Congress regarding how to ensure that Federal agencies administering programs, activities, and services related to child welfare and child poverty have adequate resources to increase public awareness of such programs, activities, and services, and how to maximize enrollment of eligible individuals; (5) identify methods for improving communication and collaboration among and between Federal, State, and local governmental entities regarding the implementation of State and local programs related to child welfare and child poverty, such as State programs funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) (relating to block grants to States for temporary assistance for needy families), and submit recommendations regarding such methods to relevant Federal agencies and congressional committees; and (6) hold hearings in different geographic regions of the United States to collect information and feedback from the public regarding personal experiences related to child poverty and anti-poverty programs, and make that information and feedback publicly available. SEC. 5. MEMBERSHIP. (a) Number of Members.--The Working Group shall be composed of no less than 6 members. (b) Executive Pay Rate.--Each member shall be an official of an executive department who occupies a position for which the rate of pay is equal to or greater than the rate of pay for level IV of the Executive Schedule under section 5313 of title 5, United States Code. (c) Required Participation of Certain Executive Departments.--The Working Group shall include at least one member who is an official of each of the following executive departments: (1) The Department of Justice. (2) The Department of Agriculture. (3) The Department of Labor. (4) The Department of Health and Human Services. (5) The Department of Housing and Urban Development. (6) The Department of Education. (d) Appointment.--Each member shall be appointed by the head of the executive department that employs such member. (e) Obtaining Official Data.--On request of the Chairperson, any head of a Federal agency shall furnish directly to the Working Group any information necessary to enable the Working Group to carry out this Act. (f) Terms.--Each member shall be appointed for the life of the Working Group. (g) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (h) Quorum.--A majority of members shall constitute a quorum. (i) Chairperson.--The Chairperson of the Working Group shall be appointed by the Secretary of Health and Human Services. (j) Meetings.-- (1) Initial meeting period.--The Working Group shall meet on a monthly basis during the 180-day period beginning with the date on which funds are made available to carry out this Act. (2) Subsequent meetings.--After such 180-day period, the Working Group shall meet not less than once every 6 months and at the call of the Chairperson or a majority of members. SEC. 6. DIRECTOR AND STAFF. (a) Director.--The Working Group shall have a Director who shall be appointed by the Chairperson. (b) Staff.--The Director may appoint and fix the pay of additional personnel as the Director considers appropriate. (c) Duties.--The duties of the Director and staff shall be to achieve the goals and carry out the duties of the Working Group. SEC. 7. REPORTING REQUIREMENTS. (a) Annual Report.--Not later than September 30, 2018, and annually thereafter, the Chairperson shall submit to the Congress a report describing the activities, projects, and plans of the Federal Government to carry out the goals of the Working Group, including-- (1) an accounting of-- (A) any increase in efficiency in the delivery of Federal, State, local, and tribal social services and benefits related to child welfare and child poverty; (B) any reduction in the number of children living in poverty; (C) any reduction in the demand for such social services and benefits for which children living in poverty and near poverty are eligible; and (D) any savings to the Federal Government as a result of such increases or reductions; (2) an accounting of any increase in the national rate of employment due to the efforts of the Working Group; (3) a summary of the efforts of each State to reduce child poverty within such State, including the administration of State programs funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) (relating to block grants to States for temporary assistance for needy families); and (4) legislative language and recommendations regarding reducing child poverty and achieving the other goals and duties of the Working Group. (b) Public Reporting Requirements.-- (1) Annual report available to public.--A version of the annual report required by subsection (a) shall be made publicly available. (2) Annual update from federal agencies.--The head of each relevant Federal agency shall post on the public Internet Web site of such agency an annual summary of any plans, activities, and results of the agency related to the goals and duties of the Working Group. SEC. 8. DEFINITIONS. In this Act: (1) Anti-poverty program.--The term ``anti-poverty program'' means a program or institution with the primary goal of lifting children or families out of poverty and improving economic opportunities for children or families that operates in whole or in part using Federal, State, local, or tribal government funds. (2) Child.--The term ``child'' means an individual who has not attained the age of 18. (3) Deprivation.--The term ``deprivation'' means, with respect to an individual, that such individual lacks adequate nutrition, health care, housing, or other resources to provide for basic human needs. (4) Disconnected youth.--The term ``disconnected youth'' means individuals who have attained the age of 16 but have not attained the age of 25 who are unemployed and not enrolled in school. (5) Economic stability.--The term ``economic stability'' means, with respect to an individual or family, that such individual or family has access to the means and support necessary to effectively cope with adverse or costly life events and to effectively recover from the consequences of such events while maintaining a decent standard of living. (6) Extreme poverty.--The term ``extreme poverty'' means, with respect to an individual or family, that such individual or family has a total annual income that is less than the amount that is 50 percent of the official poverty threshold for such individual or family, as provided in the report of the United States Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States: 2015 (issued in September 2016). (7) Federal agency.--The term ``Federal agency'' means an executive department, a Government corporation, and an independent establishment. (8) Near poverty.--The term ``near poverty'' means, with respect to an individual or family, that such individual or family has a total annual income that is less than the amount that is 200 percent of the official poverty threshold for such individual or family, as provided in the report of the United States Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States: 2015 (issued in September 2016). (9) Poverty.--The term ``poverty'' means, with respect to an individual or family, that such individual or family has a total annual income that is less than the amount that is the official poverty threshold for such individual or family, as provided in the report of the United States Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States: 2015 (issued in September 2016).

Child Poverty Reduction Act of 2017 This bill establishes, within the Administration for Children and Families of the Department of Health and Human Services, the Federal Interagency Working Group on Reducing Child Poverty. The primary goal of the working group shall be to develop a national plan for reducing to zero, within specified timeframes, the number of children living in poverty and extreme poverty in the United States. The national plan devised by the working group shall also include recommendations for: (1) understanding the root causes of child poverty, (2) improving access to anti-poverty programs, (3) eliminating disparate rates of child poverty based on specified demographic factors, (4) improving access to quality jobs, (5) connecting low-income children and families to education and job training, and (6) shifting the measures and policies of federal anti-poverty programs toward the goal of helping individuals and families achieve long-term economic stability. The bill also specifies additional duties, membership, and reporting requirements for the working group.

Child Poverty Reduction Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Small Businesses Can Export Act of 2015''. SEC. 2. FINDINGS. (a) In General.--Congress finds that-- (1) the Export-Import Bank of the United States administers-- (A) the Working Capital Loan Guarantee Program, which-- (i) facilitates finance for businesses, in particular small businesses, that have exporting potential but need working capital funds to produce or market goods or services for export; (ii) provides repayment guarantees to lenders on short- and medium-term working capital loans made to qualified exporters, which loans are secured by export-related accounts receivable and inventory; (iii) provides a guarantee of up to 90 percent of the principal and interest on a loan made to an exporter by a private lender for export-related accounts receivable; and (iv) provides a guarantee of up to 75 percent for export-related inventory; (B) the Global Credit Express Loan Program, which provides direct working capital loans to small businesses for a 6- or 12-month revolving line of credit of not more than $500,000; and (C) the Export Credit Insurance Program, which-- (i) extends credit terms to foreign customers; (ii) insures against nonpayment by international buyers; (iii) covers both commercial and political losses with a 95-percent guarantee; and (iv) arranges financing through a lender by using insured receivables as additional collateral; (2) the export loan programs of the Export-Import Bank of the United States described in subparagraphs (A), (B), and (C) of paragraph (1) are less appealing to small businesses due to lending restrictions on loans under those programs, which provide that-- (A) the loans may not be used when the export product being financed has less than 50-percent United States content; (B) the loans may not be used to finance sales to foreign military buyers, with which a growing number of small businesses are contracting; and (C) contracts and purchase orders supported by letters of credit may not be used in determining the borrowing base; and (3) the Small Business Administration administers-- (A) the Export Working Capital Program, established under section 7(a)(14) of the Small Business Act (15 U.S.C. 636(a)(14)), which provides short-term working capital, including revolving lines of credit, of not more than $5,000,000 with a 90-percent guarantee; (B) the International Trade Loan Program, established under section 7(a)(16) of the Small Business Act (15 U.S.C. 636(a)(16)), which provides financing of not more than $5,000,000 with a 90-percent guarantee for fixed assets, or to improve a competitive position that has been adversely affected by import competition; and (C) the Export Express Program, established under 7(a)(34) of the Small Business Act (15 U.S.C. 636(a)(34)), under which-- (i) exporters are provided with a streamlined method to obtain financing backed by the Small Business Administration for loans and lines of credit of not more than $500,000; (ii) lenders use their own credit decision process and loan documentation; (iii) the Small Business Administration determines eligibility and provides a loan approval in 36 hours or less; and (iv) the guarantee is 90 percent for a loan that is not more than $350,000 and 75 percent for a loan that is more than $350,000 and not more than $500,000. (b) Additional Findings.--Congress further finds that-- (1) the export loan programs of the Small Business Administration described in subparagraphs (A), (B), and (C) of subsection (a)(3)-- (A) are not restricted by the limitations described in subparagraphs (A), (B), and (C) of subsection (a)(2); and (B) should be commended for their flexibility, quick turnaround times, and the one-on-one assistance from Small Business Administration personnel in structuring loan deals, negotiating payment terms, and ensuring that the financial needs of small businesses are met; (2) the Export-Import Bank of the United States only has Regional Export Finance Managers co-located in 12 Department of Commerce United States Export Assistance Centers, whereas the Small Business Administration-- (A) has Regional Export Finance Managers co-located in 20 United States Export Assistance Centers; and (B) currently has Regional Export Finance Managers co-located in 10 additional United States Export Assistance Center locations that the Export-Import Bank of the United States does not, including in-- (i) Arlington, Virginia; (ii) Boston, Massachusetts; (iii) Charlotte, North Carolina; (iv) Cleveland, Ohio; (v) Denver, Colorado; (vi) Los Angeles, California; (vii) New Orleans, Louisiana; (viii) Philadelphia, Pennsylvania; (ix) Portland, Oregon; and (x) St. Louis, Missouri; (3) the Small Business Jobs Act of 2010 (15 U.S.C. 631 note) increased the maximum loan size under the 2 largest export loan programs administered by the Small Business Administration to $5,000,000, which could cover approximately 80 percent of all small business export loans currently guaranteed by taxpayers through the Export-Import Bank of the United States; (4) the export loan programs administered by the Small Business Administration and the export loan programs administered the Export-Import Bank of the United States are-- (A) duplicative of each other, except for the Export Credit Insurance Program of the Export-Import Bank of the United States; and (B) under the current structure, competing against each other for small business clients; and (5) the Export Credit Insurance Program of the Export- Import Bank of the United States is a vital component of export loan programs. (c) Declaration of Policy.--It is hereby declared to be the policy of this Act-- (1) that, should the statutory authority for the export loan programs administered by the Export-Import Bank of the United States lapse, the Small Business Administration shall serve the small business clients of the Export-Import Bank of the United States under existing statutory authority of the Small Business Act (15 U.S.C. 631 et seq.); (2) to create an Export Credit Insurance Program within the Small Business Administration similar to the Export Credit Insurance Program of the Export-Import Bank of the United States; and (3) to ensure that small business exporters are served by the programs of the Small Business Administration. SEC. 3. EXPORT CREDIT INSURANCE PROGRAM. Section 22 of the Small Business Act (15 U.S.C. 649) is amended-- (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the following: ``(l) Export Credit Insurance Program.-- ``(1) In general.--The Administrator shall establish a program under which the Administration shall provide insurance for the exports of small business concerns, including insurance against nonpayment by international buyers. ``(2) Regulations.--Not later than 90 days after the date of enactment of this subsection, the Administrator shall promulgate regulations to carry out the program established under paragraph (1), which shall be, to the maximum extent practicable, substantially similar to the Export Credit Insurance Program of the Export-Import Bank of the United States, as in effect on the day before the date of enactment of this subsection.''.

Ensuring Small Businesses Can Export Act of 2015 This bill declares that it is the policy of this Act: that, should the statutory authority for the export loan programs administered by the Export-Import Bank of the United States lapse, the Small Business Administration (SBA) shall serve the Bank's small business clients under existing statutory authority of the Small Business Act; to create an SBA Export Credit Insurance Program similar to the Bank's; and to ensure that small business exporters are served by SBA programs. The bill also amends the Small Business Act to require the SBA to establish a program to provide insurance for the exports of small businesses, including insurance against nonpayment by international buyers.

Ensuring Small Businesses Can Export Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pain Relief Promotion Act of 1999''. TITLE I--USE OF CONTROLLED SUBSTANCES CONSISTENT WITH THE CONTROLLED SUBSTANCES ACT SEC. 101. REINFORCING EXISTING STANDARD FOR LEGITIMATE USE OF CONTROLLED SUBSTANCES. Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(i)(1) For purposes of this Act and any regulations to implement this Act, alleviating pain or discomfort in the usual course of professional practice is a legitimate medical purpose for the dispensing, distributing, or administering of a controlled substance that is consistent with public health and safety, even if the use of such a substance may increase the risk of death. Nothing in this section authorizes intentionally dispensing, distributing, or administering a controlled substance for the purpose of causing death or assisting another person in causing death. ``(2) Notwithstanding any other provision of this Act, in determining whether a registration is consistent with the public interest under this Act, the Attorney General shall give no force and effect to State law authorizing or permitting assisted suicide or euthanasia. ``(3) Paragraph (2) applies only to conduct occurring after the date of enactment of this subsection.''. SEC. 102. EDUCATION AND TRAINING PROGRAMS. Section 502(a) of the Controlled Substances Act (21 U.S.C. 872(a)) is amended-- (1) by striking ``and'' at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting ``; and''; and (3) by adding at the end the following: ``(7) educational and training programs for local, State, and Federal personnel, incorporating recommendations by the Secretary of Health and Human Services, on the necessary and legitimate use of controlled substances in pain management and palliative care, and means by which investigation and enforcement actions by law enforcement personnel may accommodate such use.''. TITLE II--PROMOTING PALLIATIVE CARE SEC. 201. ACTIVITIES OF AGENCY FOR HEALTH CARE POLICY AND RESEARCH. 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. 906. PROGRAM FOR PALLIATIVE CARE RESEARCH AND QUALITY. ``(a) In General.--The Administrator shall carry out a program to accomplish the following: ``(1) Develop and advance scientific understanding of palliative care. ``(2) Collect and disseminate protocols and evidence-based practices regarding palliative care, with priority given to pain management for terminally ill patients, and make such information available to public and private health care programs and providers, health professions schools, and hospices, and to the general public. ``(b) Definition.--For purposes of this section, the term `palliative care' means the active total care of patients whose prognosis is limited due to progressive, far-advanced disease. The purpose of such care is to alleviate pain and other distressing symptoms and to enhance the quality of life, not to hasten or postpone death.''. SEC. 202. ACTIVITIES OF HEALTH RESOURCES AND SERVICES ADMINISTRATION. (a) In General.--Part D of title VII of the Public Health Service Act (42 U.S.C. 294 et seq.), as amended by section 103 of Public Law 105-392 (112 Stat. 3541), is amended-- (1) by redesignating sections 754 through 757 as sections 755 through 758, respectively; and (2) by inserting after section 753 the following section: ``SEC. 754. PROGRAM FOR EDUCATION AND TRAINING IN PALLIATIVE CARE. ``(a) In General.--The Secretary, in consultation with the Administrator for Health Care Policy and Research, may make awards of grants, cooperative agreements, and contracts to health professions schools, hospices, and other public and private entities for the development and implementation of programs to provide education and training to health care professionals in palliative care. ``(b) Priorities.--In making awards under subsection (a), the Secretary shall give priority to awards for the implementation of programs under such subsection. ``(c) Certain Topics.--An award may be made under subsection (a) only if the applicant for the award agrees that the program carried out with the award will include information and education on-- ``(1) means for alleviating pain and discomfort of patients, especially terminally ill patients, including the medically appropriate use of controlled substances; ``(2) applicable laws on controlled substances, including laws permitting health care professionals to dispense or administer controlled substances as needed to relieve pain even in cases where such efforts may unintentionally increase the risk of death; and ``(3) recent findings, developments, and improvements in the provision of palliative care. ``(d) Program Sites.--Education and training under subsection (a) may be provided at or through health professions schools, residency training programs and other graduate programs in the health professions, entities that provide continuing medical education, hospices, and such other programs or sites as the Secretary determines to be appropriate. ``(e) Evaluation of Programs.--The Secretary shall (directly or through grants or contracts) provide for the evaluation of programs implemented under subsection (a) in order to determine the effect of such programs on knowledge and practice regarding palliative care. ``(f) Peer Review Groups.--In carrying out section 799(f) with respect to this section, the Secretary shall ensure that the membership of each peer review group involved includes one or more individuals with expertise and experience in palliative care. ``(g) Definition.--For purposes of this section, the term `palliative care' means the active total care of patients whose prognosis is limited due to progressive, far-advanced disease. The purpose of such care is to alleviate pain and other distressing symptoms and to enhance the quality of life, not to hasten or postpone death.''. (b) Authorization of Appropriations; Allocation.-- (1) In general.--Section 758 of the Public Health Service Act (as redesignated by subsection (a)(1) of this section) is amended in subsection (b)(1)(C) by striking ``sections 753, 754, and 755'' and inserting ``section 753, 754, 755, and 756''. (2) Amount.--With respect to section 758 of the Public Health Service Act (as redesignated by subsection (a)(1) of this section), the dollar amount specified in subsection (b)(1)(C) of such section is deemed to be increased by $5,000,000. SEC. 203. EFFECTIVE DATE. The amendments made by this title take effect October 1, 1999, or on the date of the enactment of this Act, whichever occurs later.

Prohibits the Attorney General, in determining whether a controlled substance manufacturer, distributor, or dispenser registration is consistent with the public interest under the Act, from giving force and effect to State law permitting assisted suicide or euthanasia. Authorizes certain educational and research programs carried out by the Attorney General under the Act to include educational and training programs for local, State, and Federal personnel on the necessary and legitimate use of controlled substances in pain management and palliative care and means by which investigation and enforcement actions by law enforcement personnel may accommodate such use. Title II: Promoting Palliative Care - Amends the Public Health Service Act to require the Administrator of the Agency for Health Care Policy and Research to carry out a program to: (1) develop and advance scientific understanding of palliative care; and (2) collect and disseminate protocols and evidence-based practices regarding such care, with priority given to pain management for terminally ill patients, and make such information publicly available. Defines "palliative care" as the active total care of patients whose prognosis is limited due to progressive, far-advanced disease. Authorizes the Secretary of Health and Human Services to award grants, cooperative agreements, and contracts to health professions schools, hospices, and other entities for programs to provide education and training to health care professionals in palliative care. Sets forth requirements for grant applicants. Provides for the evaluation of such programs to determine their effect on knowledge and practice regarding palliative care. Makes funds available for such grants and contracts.

Pain Relief Promotion Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Treat and Reduce Obesity Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the Centers for Disease Control, about 34 percent of adults aged 65 and over were obese in the period of 2009 through 2012, representing almost 15 million people. (2) Obesity increases the risk for chronic diseases and conditions, including high blood pressure, heart disease, certain cancers, arthritis, mental illness, lipid disorders, sleep apnea, and type 2 diabetes. (3) More than half of Medicare beneficiaries are treated for 5 or more chronic conditions per year. The rate of obesity among Medicare patients doubled from 1987 to 2002, and Medicare spending on obese individuals during that time more than doubled. (4) Men and women with obesity at age 65 have decreased life expectancy of 1.6 years for men and 1.4 years for women. (5) The direct and indirect cost of obesity is more than $450 billion annually. (6) On average, a Medicare beneficiary with obesity costs $1,964 more than a normal-weight beneficiary. (7) The prevalence of obesity among older individuals in the United States is growing at a linear rate and, if nothing changes, nearly half of the elderly population of the United States will have obesity in 2030 according to a Congressional Research Report on obesity. SEC. 3. AUTHORITY TO EXPAND HEALTH CARE PROVIDERS QUALIFIED TO FURNISH INTENSIVE BEHAVIORAL THERAPY. Section 1861(ddd) of the Social Security Act (42 U.S.C. 1395x(ddd)) is amended by adding at the end the following new paragraph: ``(4)(A) Subject to subparagraph (B), the Secretary may, in addition to qualified primary care physicians and other primary care practitioners, cover intensive behavioral therapy for obesity furnished by any of the following: ``(i) A physician (as defined in subsection (r)(1)) who is not a qualified primary care physician. ``(ii) Any other appropriate health care provider (including a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a clinical psychologist, a registered dietitian or nutrition professional (as defined in subsection (vv))). ``(iii) An evidence-based, community-based lifestyle counseling program approved by the Secretary. ``(B) In the case of intensive behavioral therapy for obesity furnished by a provider described in clause (ii) or (iii) of subparagraph (A), the Secretary may only cover such therapy if such therapy is furnished-- ``(i) upon referral from, and in coordination with, a physician or primary care practitioner operating in a primary care setting or any other setting specified by the Secretary; and ``(ii) in an office setting, a hospital out-patient department, a community-based site that complies with the Federal regulations concerning the privacy of individually identifiable health information promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note), or another setting specified by the Secretary. ``(C) In order to ensure a collaborative effort, the coordination described in subparagraph (B)(i) shall include the health care provider or lifestyle counseling program communicating to the referring physician or primary care practitioner any recommendations or treatment plans made regarding the therapy.''. SEC. 4. MEDICARE PART D COVERAGE OF OBESITY MEDICATION. (a) In General.--Section 1860D-2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended by inserting after ``restricted under section 1927(d)(2),'' the following: ``other than subparagraph (A) of such section if the drug is used for the treatment of obesity (as defined in section 1861(yy)(2)(C)) or for weight loss management for an individual who is overweight (as defined in section 1861(yy)(2)(F)(i)) and has one or more related comorbidities,''. (b) Effective Date.--The amendment made by subsection (a) shall apply to plan years beginning on or after the date that is 2 years after the date of the enactment of this Act. SEC. 5. REPORT TO CONGRESS. Not later than the date that is 1 year after the date of the enactment of this Act, and every 2 years thereafter, the Secretary shall submit a report to Congress describing the steps the Secretary has taken to implement the Act and provide Congress with recommendations for better coordination and leveraging of programs within the Department of Health and Human Services and other Federal agencies that relate in any way to supporting appropriate research and clinical care (such as any interactions between physicians and other health care providers and their patients) to treat, reduce, and prevent obesity in the adult population.

Treat and Reduce Obesity Act of 2015 Amends title XVIII (Medicare) of the Social Security Act to authorize the Department of Health and Human Services (HHS), in addition to qualified primary care physicians and other primary care practitioners, to cover intensive behavioral therapy for obesity furnished by: (1) a physician who is not a qualified primary care physician; (2) an evidence-based, community-based HHS-approved lifestyle counseling program; or (3) any other appropriate health care provider (including a physician assistant, nurse practitioner, clinical nurse specialist, a clinical psychologist, and a registered dietitian or nutrition professional). Allows coverage of intensive behavioral therapy for obesity furnished by another appropriate health care provider or program only if it is furnished: (1) upon referral from, and in coordination with, a physician or primary care practitioner in a primary care or other HHS-specified setting; and (2) in an office setting, a hospital outpatient department, a community-based site that complies with the federal regulations concerning the privacy of individually identifiable health information, or another HHS-specified setting. Authorizes HHS to cover under Medicare part D (Voluntary Prescription Drug Benefit Program) medication for treatment of obesity or for weight loss management for an overweight individual with one or more related comorbidities.

Treat and Reduce Obesity Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Consumers' Access to Credit Act of 2017''. SEC. 2. FINDINGS. Congress finds that-- (1) the contractual doctrine of valid when made which, as applied to lending agreements, provides that a loan that is valid at inception cannot become usurious upon subsequent sale or transfer to another person; (2) this important and longstanding principle derives from the common law and its application has been a cornerstone of United States banking law for nearly 200 years, as provided in the case Nichols v. Fearson, 32 U.S. (7 Pet.) 103, 106 (1833), where the Supreme Court famously declared: ``Yet the rule of law is everywhere acknowledged, that a contract free from usury in its inception, shall not be invalidated by any subsequent usurious transactions upon it.''; (3) in 2016, the Solicitor General, in consultation with all Federal banking regulators, filed an amicus brief in the case of Midland Funding, LLC v. Madden, 136 S. Ct. 2505 (2016) (mem.), denying cert. to 786 F.3d 246 (2d Cir. 2015), that described the United States Court of Appeals for the Second Circuit in that case ``incorrect'' with an ``analysis reflect[ing] a misunderstanding'' of section 85 of the National Bank Act and Supreme Court precedent, because it contradicted the contractual doctrine of valid when made; (4) the valid-when-made doctrine, by bringing certainty to the legal treatment of all valid loans that are transferred, greatly enhances liquidity in the credit markets by widening the potential pool of loan buyers and reducing the cost of credit to borrowers at the time of origination; (5) a joint academic study from professors at Stanford, Fordham, and Columbia universities concluded that the Madden v. Midland decision has already disproportionately affected low- and moderate-income individuals in the United States with lower FICO scores; and (6) if the valid-when-made doctrine is not reaffirmed soon by Congress, the lack of access to safe and affordable financial services will force households in the United States with the fewest resources to seek financial products that are nontransparent, fail to inform consumers about the terms of credit available, and do not comply with State and Federal laws (including regulations). SEC. 3. RATE OF INTEREST AFTER TRANSFER OF LOAN. (a) Amendment to the Revised Statutes.--Section 5197 of the Revised Statutes (12 U.S.C. 85) is amended by adding at the end the following: ``A loan that is valid when made as to its maximum rate of interest in accordance with this section shall remain valid with respect to such rate regardless of whether the loan is subsequently sold, assigned, or otherwise transferred to a third party, and may be enforced by such third party notwithstanding any State law to the contrary.''. (b) Amendment to the Home Owners' Loan Act.--Section 4(g) of the Home Owners' Loan Act (12 U.S.C. 1463(g)) is amended by adding at the end the following: ``(3) A loan that is valid when made as to its maximum rate of interest in accordance with this subsection shall remain valid with respect to such rate regardless of whether the loan is subsequently sold, assigned, or otherwise transferred to a third party, and may be enforced by such third party notwithstanding any State law to the contrary.''. (c) Amendment to the Federal Credit Union Act.--Section 205(g) of the Federal Credit Union Act (12 U.S.C. 1785(g)) is amended by adding at the end the following: ``(3) A loan that is valid when made as to its maximum rate of interest in accordance with this subsection shall remain valid with respect to such rate regardless of whether the loan is subsequently sold, assigned, or otherwise transferred to a third party, and may be enforced by such third party notwithstanding any State law to the contrary.''. (d) Amendment to the Federal Deposit Insurance Act.--Section 27 of the Federal Deposit Insurance Act (12 U.S.C. 1831d) is amended by adding at the end the following: ``(c) A loan that is valid when made as to its maximum rate of interest in accordance with this section shall remain valid with respect to such rate regardless of whether the loan is subsequently sold, assigned, or otherwise transferred to a third party, and may be enforced by such third party notwithstanding any State law to the contrary.''. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act may be construed as limiting the authority or jurisdiction of the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, or the National Credit Union Administration. Passed the House of Representatives February 14, 2018. Attest: KAREN L. HAAS, Clerk.

. Protecting Consumers' Access to Credit Act of 2017 (Sec. 3) This bill amends the Revised Statutes, the Home Owners' Loan Act, the Federal Credit Union Act, and the Federal Deposit Insurance Act to state that bank loans that are valid when made as to their maximum rate of interest in accordance with federal law shall remain valid with respect to that rate regardless of whether a bank has subsequently sold or assigned the loan to a third party.

Protecting Consumers’ Access to Credit Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Windstorm Hazard Reduction Plan Act of 1993''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) in 1992, the property and casualty insurance industry suffered more losses caused by natural disasters than in any other year; (2) a substantial portion of the losses were caused by windstorms, such as hurricanes and tornadoes; and (3) because of the windstorms in 1992 and recent years, in certain regions of the United States and the territories of the United States, including the Virgin Islands, property and casualty insurers are withdrawing underwriting capacity from the market by refusing to issue new policies or renew existing policies, or by increasing premiums to unaffordable levels. SEC. 3. DEVELOPMENT OF INSURANCE PLAN. (a) In General.--Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Director of the Federal Emergency Management Agency (in this Act referred to as the ``Director'') shall develop a detailed written plan under this Act for establishing and carrying out a national windstorm insurance program. (b) Contents.--The plan required under subsection (a) shall be designed-- (1) to supplement Federal disaster relief and emergency assistance provided pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act and other laws for damage and loss caused by winds from hurricanes, tornadoes, and other windstorms; (2) to make affordable insurance coverage available to protect against loss resulting from physical damage to, or loss of, residential structures arising from wind damage; (3) to provide such insurance coverage for residential structures through a program that provides-- (A) insurance coverage for damage caused by winds from hurricanes, tornadoes, and any other windstorms, but not for water damage arising from any such windstorms; (B) insurance coverage at premium rates affordable to homeowners in areas at risk of such wind damage; (C) appropriate building and structural requirements and other wind damage-mitigation measures; (D) appropriate measures to carry out mitigation efforts; and (E) schedules of the amount of coverage available for various residential structures; (4) to provide incentives for private property and casualty insurers to reenter markets from which they have previously withdrawn; and (5) to make insurance coverage available, if the Director determines that such coverage would be feasible, for other types or classes of properties including-- (A) public infrastructure facilities and properties owned by State and local governments, which may include airports, roads, bridges, dams, sewer systems, governmental buildings, and other facilities and structures; (B) other residential properties; (C) business properties; (D) agricultural properties; and (E) properties owned by private nonprofit organizations. (c) Considerations.--The national windstorm insurance program contained in the plan required under subsection (a) may-- (1) provide for participation of the private insurance industry in carrying out the program; (2) provide coinsurance by the Director and private insurers for covered losses and reinsurance for losses sustained by private insurers; (3) define-- (A) the areas in which such coverage is made available by establishing requirements for the eligibility or participation of communities or by other means; (B) the types of residential properties, business properties, agricultural properties, properties owned by private nonprofit organizations, and public infrastructure facilities and properties owned by State and local governments, for which such coverage is made available; and (C) the availability or coverage of such insurance in any other manner; (4) establish premium rates for coverage that are actuarially based on the risk of wind-caused damage or subsidized premium rates that are less than such actuarially based rates; (5) adjust the availability of Federal loan guarantees, loan insurance, or direct loans, or Federal construction or disaster relief assistance (under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and other laws), based on the purchase of a policy for windstorm insurance; and (6) provide community-based and other incentives for participation in the program. (d) Consultation.--In developing the plan required under subsection (a), the Director shall consult with-- (1) the heads of any Federal agencies authorized to provide disaster relief; (2) the chief executive officers of the States and territories of the United States, that suffered significant losses caused by windstorms occurring after the beginning of 1989; and (3) representatives of private insurers that are withdrawing underwriting capacity from the markets in the States and territories referred to in paragraph (2). SEC. 4. REPORT. Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Director shall submit to the Committee on Public Works and Transportation and the Committee on Banking, Finance and Urban Affairs, of the House of Representatives, and to the Committee on Environment and Public Works and the Committee on Banking, Housing, and Urban Affairs, of the Senate, a report containing-- (1) the written plan required under section 3; (2) a statement of the amount of disaster assistance provided pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act and other Acts during each of fiscal years 1989, 1990, 1991, and 1992 for property damage caused by winds from hurricanes, tornadoes, and other windstorms to residential properties, business properties, agricultural properties, properties owned by private nonprofit organizations, and public infrastructure facilities and properties owned by State and local governments; (3) an estimate of the cost to the Federal Government of carrying out the national windstorm insurance program under the plan, by making coverage available only for residential structures; (4) a description of any circumstances or situations that, in the determination of the Director, would be a sufficient basis for making coverage available under the national windstorm insurance program for public infrastructure facilities and properties owned by State and local governments, other residential properties, business properties, agricultural properties, and properties owned by private nonprofit organizations. (5) an estimate of the cost to the Federal Government of carrying out the national windstorm insurance program under the plan, by making coverage available for residential structures and for public infrastructure and properties owned by State and local governments, other residential properties, business properties, agricultural properties, and properties owned by private nonprofit organizations. (6) an estimate of the effects that implementing the national windstorm insurance program would have on the amount of disaster assistance provided by the Federal Government; (7) an estimate of the effects that implementing the national windstorm insurance program would have on the private insurance industry and the availability of residential and other property insurance and insurance against windstorm damage; (8) a description of any amendments to the Robert T. Stafford Disaster Relief and Emergency Assistance Act and other Acts relating to disaster assistance that would be necessary or appropriate in the event of the implementation of the national windstorm insurance program; and (9) any other information that the Director considers appropriate.

Windstorm Hazard Reduction Plan Act of 1993 - Directs the Director of the Federal Emergency Management Agency to: (1) develop a plan for establishing and carrying out a national windstorm insurance program; and (2) submit it along with other specified information to specified congressional committees.

Windstorm Hazard Reduction Plan Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizen Capital Gains Rate Reduction Act of 1993''. SEC. 2. REDUCTION IN CAPITAL GAINS RATE FOR SENIOR CITIZENS. (a) General Rule.--Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed on individuals) is amended by adding at the end thereof the following new subsection: ``(i) Reduction in Capital Gains Rate for Senior Citizens.-- ``(1) In general.--If a taxpayer who has attained age 60 before the close of the taxable year has a net capital gain, then the tax imposed by this section 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 the taxable income reduced by the net capital gain, plus ``(B) a tax equal to the sum of-- ``(i) 7.5 percent of so much of the net capital gain as does not exceed-- ``(I) the maximum amount of taxable income to which the 15-percent rate applies under the table applicable to the taxpayer, reduced by ``(II) the taxable income to which subparagraph (A) applies, plus ``(ii) 15 percent of the net capital gain in excess of the net capital gain to which clause (i) applies. ``(2) Special rules.-- ``(A) Joint returns.--In the case of a joint return, if one spouse meets the age requirement of paragraph (1), both spouses shall be treated as meeting such requirement. ``(B) Coordination with subsection (h).--Subsection (h) shall not apply to any individual to whom paragraph (1) applies.'' (b) Technical Amendment.--Paragraph (1) of section 170(e) of such Code is amended by striking ``the amount of gain'' in the material following subparagraph (B)(ii) and inserting ``the amount of gain (or, in the case of an individual who meets the age requirement of section 1(i), \13/28\ of the amount of gain)''. SEC. 3. REDUCTION IN MINIMUM TAX RATE ON CAPITAL GAINS OF SENIOR CITIZENS. Paragraph (1) of section 55(b) of the Internal Revenue Code of 1986 (relating to tentative minimum tax) is amended by adding at the end thereof the following new paragraph: ``(3) Reduction in tax on capital gains of senior citizens.--In the case of an individual who meets the age requirement of section 1(i), subparagraph (A) of paragraph (1) shall be applied as if it read as follows: ```(A) the sum of-- ```(i) 15 percent of the lesser of-- ```(I) the net capital gain (determined with the adjustments provided in this part), or ```(II) so much of the alternative minimum taxable income for the taxable year as exceeds the exemption amount, plus ```(ii) 24 percent of the amount (if any) by which the excess referred to in clause (i)(II) exceeds the net capital gain (as so determined), reduced by'.'' SEC. 4. INDEXING OF RETIREMENT ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. (a) In General.--Part II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to basis rules of general application) is amended by inserting after section 1021 the following new section: ``SEC. 1022. INDEXING OF RETIREMENT ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. ``(a) General Rule.-- ``(1) Indexed basis substituted for adjusted basis.--Except as provided in paragraph (2), if an indexed retirement asset which has been held for more than 5 years is sold or otherwise disposed of by an individual who meets the age requirement of section 1(i), for purposes of this title the indexed basis of the asset shall be substituted for its adjusted basis. ``(2) Exception for depreciation, etc.--The deduction for depreciation, depletion, and amortization shall be determined without regard to the application of paragraph (1) to the taxpayer or any other person. ``(b) Indexed Retirement Asset.--For purposes of this section, the term `indexed retirement asset' means-- ``(1) stock in a corporation, and ``(2) tangible property (or any interest therein), which is a capital asset or property used in the trade or business (as defined in section 1231(b)). ``(c) Indexed Basis.--For purposes of this section-- ``(1) Indexed basis.--The indexed basis for any retirement asset is-- ``(A) the adjusted basis of the retirement asset, multiplied by ``(B) the applicable inflation ratio. ``(2) Applicable inflation ratio.--The applicable inflation ratio for any retirement asset is the percentage arrived at by dividing-- ``(A) the gross national product deflator for the calendar quarter in which the disposition takes place, by ``(B) the gross national product deflator for the calendar quarter in which the retirement asset was acquired by the taxpayer (or, if later, the calendar quarter ending December 31, 1992). The applicable inflation ratio shall not be taken into account unless it is greater than 1. The applicable inflation ratio for any retirement asset shall be rounded to the nearest one-tenth of 1 percent. ``(3) Gross national product deflator.--The gross national product deflator for any calendar quarter is the implicit price deflator for the gross national product for such quarter (as shown in the first revision thereof). ``(4) Secretary to publish tables.--The Secretary shall publish tables specifying the applicable inflation ratios for each calendar quarter. ``(d) Special Rules.--For purposes of this section-- ``(1) Treatment as separate retirement asset.--In the case of any retirement asset, the following shall be treated as a separate asset: ``(A) a substantial improvement to property, ``(B) in the case of stock of a corporation, a substantial contribution to capital, and ``(C) any other portion of a retirement asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. ``(2) Retirement assets which are not indexed assets throughout holding period.--The applicable inflation ratio shall be appropriately reduced for calendar months at any time during which the retirement asset was not an indexed retirement asset.''. SEC. 5. INDEXING OF LIMITATION ON CAPITAL LOSSES OF SENIOR CITIZENS. Section 1211 of the Internal Revenue Code of 1986 (relating to limitation on capital losses) is amended by adding at the end thereof the following new subsection: ``(c) Indexation of Limitation on Senior Citizen Taxpayers.-- ``(1) In general.--In applying subsection (b) to an individual who meets the age requirement of section 1(i), the $3,000 and $1,500 amounts under subsection (b)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the applicable inflation adjustment for the calendar year in which the taxable year begins. ``(2) Applicable inflation adjustment.--For purposes of paragraph (1), the applicable inflation adjustment for any calendar year is the percentage (if any) by which-- ``(A) the gross national product deflator for the last calendar quarter of the preceding calendar year, exceeds ``(B) the gross national product deflator for the last calendar quarter of 1991. For purposes of this paragraph, the term `gross national product deflator' has the meaning given such term by section 1022(c)(3).''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 1992.

Senior Citizen Capital Gains Rate Reduction Act of 1993 - Amends the Internal Revenue Code to reduce the individual capital gains rate for the sale of retirement assets by a taxpayer who has attained the age of 60 or older. Allows such reduced rate, in the case of a joint tax return, if either person has attained such age. Reduces the alternative minimum tax rate on capital gains for such taxpayers. Provides for indexing such retirement assets held for more than five years before their disposition for purposes of determining gain or loss. Declares that the deduction for depreciation, depletion, and amortization shall be determined without regard to the indexed basis. Provides for determining the indexed amount based upon the gross national product deflator. Provides for indexing the limitation on capital losses of such taxpayers.

Senior Citizen Capital Gains Rate Reduction Act of 1993

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Philippines Human Rights Accountability and Counternarcotics Act of 2017''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Policy statements. Sec. 4. Definition. Sec. 5. Restriction on assistance to the Philippine National Police. Sec. 6. Leahy vetting report on foreign assistance cases related to the Philippine National Police. Sec. 7. Report on Chinese and other sources of narcotics to the Philippines. Sec. 8. Human rights, democracy, and public health promotion. Sec. 9. Report on United States military assistance and arms transfers to the Philippines. Sec. 10. Report on plans for Philippines partner capacity building. SEC. 2. FINDINGS. (1) On August 28, 2016, Archbishop of Manila Luis Antonio Cardinal Tagle said, in response to the extrajudicial killings in the Philippines, ``I know that the big issue nowadays is the recent spate of killings--which, they say, afflicts even those not guilty, the innocent--but whether a person is guilty or not, life should be cared for and respected.''. (2) The Department of State's 2017 Human Rights Report, released on March 3, 2017-- (A) states that ``police and unknown vigilantes have killed more than 6,000 suspected drug dealers and users'' in the Philippines between July and December 2016, a period during which extrajudicial killings ``increased sharply''; and (B) chronicles the environment for extrajudicial killings allegedly undertaken by vigilantes, security forces, and insurgents and the ``apparent governmental disregard for human rights and due process; and a weak and overburdened criminal justice system''. (3) On January 31, 2017, Amnesty International reported, ``Since President Rodrigo Duterte took office in June 2016, there has been a relentless campaign of violence against alleged drug offenders, incited by the President and his administration. More than 7,000 people have been killed, roughly one-third during formal police operations and the rest by unknown shooters who often arrive masked and on motorbike to kill specific people.''. (4) Human Rights Watch has reported that since President Duterte took office, police and unidentified gunmen together have killed more than 7,000 suspected drug users and dealers, with police officials themselves claiming to have killed almost 3,000 in ``encounters'' with supposed drug sellers or users. The police have attributed 3,271 other killings to ``vigilantes'' and drug gangs, although Human Rights Watch research suggests that many of these cases may also entail police and police agent involvement in extrajudicial executions. (5) On February 14, 2017, national police chief Ronald Dela Rosa announced that he was suspending anti-narcotics operations after a South Korean businessman was killed at national police headquarters. (6) On February 23, 2017, an arrest warrant was issued against Philippines Senator Leila de Lima for alleged involvement in drug trafficking. The prosecution of de Lima came following her repeated criticism of the Duterte administration for its conduct of the drug war, her holding of Senate hearings where alleged former members of a death squad testified that Duterte participated in extrajudicial killings in Davao City when he was mayor, and repeated threats against her from Duterte and his allies. (7) On December 16, 2016, Reuters reported, ``China isn't only a source of meth expertise--it is also the biggest source of the meth and of the precursor chemicals used to produce the synthetic drug that are being smuggled into the Philippines, according to local drug enforcement officials. `It's safe to say that the majority of the meth we have comes from China,' said Philippine Drug Enforcement Agency spokesman Derrick Carreon.''. SEC. 3. POLICY STATEMENTS. It is the policy of the United States-- (1) to reaffirm its commitment and support for the Philippines, including the longstanding United States policy regarding Article V of the United States-Philippines Mutual Defense Treaty, signed at Washington August 30, 1951 (3 UST 3947); (2) to work with the Philippines to promote economic growth and development through-- (A) programs such as the Partnership for Growth, which seeks to strengthen regulatory quality, fiscal management, and human capacity development in the Philippines; and (B) other appropriate bilateral and multilateral economic development and trade initiatives; (3) to work with the Philippines to support a public health approach to substance abuse, drug addiction, and the illegal use of narcotics utilizing comprehensive, voluntary, and community-based treatment and rehabilitation programs in line with international standards; (4) to support the people of the Philippines in their efforts-- (A) to strengthen the rule of law and anti- corruption measures; (B) to further effective judicial and legal institutions; and (C) to promote human rights and civil society. (5) to expand opportunities for more robust cooperative security assistance programs, particularly programs involving maritime security and maritime domain awareness; (6) to pursue and coordinate robust cooperative security assistance programs for capacity building of the Philippines to establish a credible defense posture, and to support counter- terrorism and maritime law enforcement; (7) to coordinate closely on the implementation of the Enhanced Defense Cooperation Agreement, a mutually beneficial agreement that will-- (A) enhance the United States ability to provide rapid humanitarian assistance; and (B) help build capacity for the modernization of the Armed Forces of the Philippines; (8) to enhance military-to-military cooperation and inter- operability through joint exercises, capacity-building, and intelligence sharing and support work to establish a robust information security program, which will lead to achieving a General Security of Military Information Agreement; and (9) to enhance cybersecurity cooperation between the United States and the Philippines. SEC. 4. DEFINITION. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Armed Services of the Senate; (3) the Committee on Appropriations of the Senate; (4) the Committee on Foreign Affairs of the House of Representatives; (5) the Committee on Armed Services of the House of Representatives; and (6) the Committee on Appropriations of the House of Representatives. SEC. 5. RESTRICTION ON ASSISTANCE TO THE PHILIPPINE NATIONAL POLICE. (a) In General.--Subject to subsections (b) through (d), no defense articles or defense services may be exported, and no licenses for export of any item controlled by the United States for law enforcement, riot control, or related purposes may be issued, for the use of the Philippine National Police or entities associated with the Philippine National Police. (b) Exceptions.--The restrictions under subsection (a) shall not apply to the exportation of defense articles or the provision of training for maritime law enforcement (Coast Guard drug interdiction), criminal justice programs, human rights training, and counter-terrorism programs for use of the Philippine National Police. (c) Waiver.--The President may waive the restrictions under subsection (a), on a case-by-case basis, if-- (1) the President determines that the export of such item or service is in the national interest of the United States; and (2) the President notifies the appropriate congressional committees of the determination under paragraph (1), including the justification for such determination, at least 30 days before invoking such waiver. (d) Sunset.-- (1) In general.--The restrictions under subsection (a) shall terminate on-- (A) the date that is 5 years after the date of the enactment of this Act; or (B) the date set forth in paragraph (2) if the President determines that-- (i) the Philippine National Police and its associated entities have been sufficiently reformed; and (ii) sufficient safeguards, reporting, investigatory, and judicial measures have been established to prevent recurrent human rights abuses. (2) Notice.--The date set forth in this paragraph is 30 days after the President notifies the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that the President has made the determination described in paragraph (1)(B) and provides such committees with justification for such determination. SEC. 6. LEAHY VETTING REPORT ON FOREIGN ASSISTANCE CASES RELATED TO THE PHILIPPINE NATIONAL POLICE. (a) In General.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter until 5 years after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees on foreign assistance cases related to the Philippine National Police, or entities associated with the Philippine National Police, submitted for vetting for purposes of section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) during the preceding fiscal year, including-- (1) the total number of cases related to the Philippine National Police submitted, approved, suspended, or rejected for human rights reasons; and (2) for cases rejected, a description of the steps taken to assist the foreign government in taking effective measures to bring the responsible members of the security forces to justice, in accordance with section 620M(c) of such Act. (b) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may be accompanied by a classified annex. SEC. 7. REPORT ON CHINESE AND OTHER SOURCES OF NARCOTICS TO THE PHILIPPINES. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, with the concurrence of the Administrator of the Drug Enforcement Administration and the Secretary of Defense, shall submit a report to the appropriate congressional committees that describes, for the previous calendar year-- (1) Chinese and other sources of narcotics and precursor chemicals to produce narcotics in the Philippines; and (2) Chinese and other sources of expertise for the production of narcotics in the Philippines. (b) Form.--Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex. SEC. 8. HUMAN RIGHTS, DEMOCRACY, AND PUBLIC HEALTH PROMOTION. Of the amounts made available for the Department of State and the United States Agency for International Development to support global health and civil society, including human rights defenders, and to promote the rule of law and good governance in fiscal years 2017 and 2018, up to $25,000,000 may be used to support human rights, democracy, and public health in the Philippines, including-- (1) supporting Filipino defenders of human rights; (2) assisting victims of human rights violations; (3) responding to human rights emergencies; (4) promoting and encouraging the rule of law, including the support for nongovernmental organizations in the Philippines; (5) promoting a public health approach to substance abuse, drug addiction, and the illegal use of narcotics utilizing comprehensive, voluntary, and community-based treatment and rehabilitation programs that are consistent with international standards; and (6) carrying out such other related activities as are consistent with paragraphs (1) through (5). SEC. 9. REPORT ON UNITED STATES MILITARY ASSISTANCE AND ARMS TRANSFERS TO THE PHILIPPINES. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, with the concurrence of the Secretary of Defense, shall submit a classified report to the appropriate congressional committees on whether-- (1) United States military assistance, cooperation, security assistance, and arms transfers (including items prohibited under section 5, and any defense or other items or services controlled for export by the United States that have been provided for the use of the Philippine National Police and its associated entities) are used by the Philippine National Police and its associated entities-- (A) to commit gross violations of human rights; or (B) in violation of other United States laws applicable to United States military or security assistance, cooperation, and arms transfers that are related to human rights and preventing human rights violations; and (2) the United States has the ability-- (A) to determine whether United States military assistance and arms transfers are used to commit gross violations of human rights; (B) to detect other violations of United States law concerning United States military or security assistance, cooperation, and arms transfers, including the diversion of such assistance or the use of such assistance by security force or police units credibly implicated in gross human rights violations; and (C) to determine whether individuals or units that have received United States military, security, or police training or have participated or are scheduled to participate in joint exercises with United States forces have been credibly implicated in gross human rights violations. (b) Technology Transfer Status Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees, in unclassified form to the maximum extent possible, that summarizes the status of the Defense Security Cooperation Agency's efforts to implement the End-Use Monitoring Enhancement Plan relating to government-to-government transfers and commercial sales of defense articles, defense services, law enforcement articles, law enforcement services, and related technologies. SEC. 10. REPORT ON PLANS FOR PHILIPPINES PARTNER CAPACITY BUILDING. Not later than 180 days after the date of the enactment of this Act, the Secretary of State, with the concurrence of the Secretary of Defense, shall submit a classified report to the appropriate congressional committees that includes a plan that describes, for each of the 6-month, 1-year, and 5-year periods beginning on the date of such report-- (1) partner capacity building assistance to the Philippines to enhance maritime capabilities, respond to emerging threats, and maintain freedom of operations in international waters and airspace in the Asia-Pacific maritime domains; (2) recommendations, if any, for additional foreign military sales, foreign military financing, and international military education and training to be made available to the Philippines, including-- (A) any necessary updates to the report detailing steps taken by the Government of the Philippines to investigate and prosecute army personnel involved in human rights violations, as required by Senate Report 114-79; and (B) an assessment of the commitment of the Government of the Philippines to international human rights conventions; and (3) how the assistance referred to in paragraph (1) will be implemented in accordance with appropriate human rights laws, including-- (A) the regular process for vetting participants in security assistance and training programs funded by the United States under section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d); and (B) the restrictions on assistance to foreign security forces set forth in section 362 of title 10, United States Code.

Philippines Human Rights Accountability and Counternarcotics Act of 2017 This bill prohibits exporting defense articles or services, or issuing licenses for export of any item controlled by the United States for law enforcement, riot control, or related purposes, for use by the Philippine National Police or associated entities, with exceptions for the exportation of defense articles or the provision of training for maritime law enforcement, criminal justice programs, human rights training, or counter-terrorism programs for such police. The President may, with prior congressional notice, waive such restrictions in the U.S. national interest. The bill makes specified FY2017-FY2018 funds available to support human rights, democracy, and public health in the Philippines. The Department of State shall report to Congress: (1) annually for five years regarding foreign assistance cases related to the Philippine National Police or associated entities submitted for vetting for having committed human rights violations; (2) annually regarding Chinese and other sources of narcotics production in the Philippines; (3) regarding whether U.S. military assistance and arms transfers provided for such police are used to commit human rights violations or have been used in violation of other U.S. laws applicable to military or security assistance; and (4) regarding partner capacity building assistance to the Philippines to enhance maritime capabilities, respond to emerging threats, and maintain freedom of operations in international waters and airspace in the Asia-Pacific maritime domains.

Philippines Human Rights Accountability and Counternarcotics Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Mammal Capture, Export, and Public Display Protection Act of 1993''. SEC. 2. PROTECTION OF MARINE MAMMALS UNDER ANIMAL WELFARE ACT. (a) Penalties; Relationship to State Law.--The Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by adding at the end the following: ``SEC. 30. PROVISIONS RELATING TO MARINE MAMMALS. ``(a) Penalties.--In lieu of any civil or criminal penalty applicable under this Act for a violation of this Act committed by a person with respect to a marine mammal, the person shall be liable for a civil or criminal penalty, respectively, under section 105 of the Marine Mammal Protection Act of 1972. ``(b) Relationship to State Law.--This Act shall not be considered to supersede, preempt, or otherwise affect any provision of State law that provides protection to marine mammals that is greater than the protection provided by this Act. ``(c) Marine Mammal Defined.--In this section, the term `marine mammal' has the meaning that term has under section 3 of the Marine Mammal Protection Act of 1972.''. (b) Review and Revision of Standards.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall-- (1) review the standards established under the Animal Welfare Act for the care and habitat of marine mammals in captivity and determine whether those standards require provision of adequate living conditions for those marine mammals, considering-- (A) the sizes of marine mammals to which the standards apply; (B) current knowledge of marine mammal physiology and behavior, including with respect to marine mammal needs for exercise, auditory capabilities, and pre- and post-natal requirements; (C) the psychological and physical well-being of marine mammals; (D) marine mammal needs related to social grouping, including minimum group size, gender mix, and age composition; (E) interspecies compatibility; and (F) environmental modifications that might allow for more normal behavior and social interaction; and (2) issue rules which make such modifications to those standards as are appropriate to ensure the humane handling, care, treatment, and transportation of marine mammals in captivity. SEC. 3. MARINE MAMMAL TRACKING SYSTEM. (a) Establishment.--Section 103 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374) is amended by adding at the end the following: ``(g) Tracking System.-- ``(1) In general.--The Secretary and the Secretary of Agriculture shall jointly issue regulations which establish a system for tracking marine mammals that are taken in waters under the jurisdiction of the United States or imported into the United States. ``(2) Requirements.--A tracking system under this subsection shall provide for-- ``(A) monitoring the location of marine mammals held in captivity in the United States; ``(B) the assignment of a registration number to each marine mammal that is covered by the system; and ``(C) the verification of the location of marine mammals covered by the system as part of annual inspections conducted by the Animal and Plant Health Inspection Service of the Department of Agriculture. ``(3) Summaries of information.--The Secretary shall-- ``(A) publish regularly in the Federal Register a summary of information regarding the status of marine mammals that is collected through the tracking system under this subsection; and ``(B) make copies of those summaries available to the public upon request.''. (b) Moratorium on Takings in Waters of the United States.-- (1) In general.--Notwithstanding any other provision of law or any permit issued under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), it shall be unlawful to take any marine mammal in waters under the jurisdiction of the United States during the period beginning on the date of the enactment of this Act and ending on the effective date of regulations issued under the amendment made by subsection (a). (2) Penalties.--The penalties provided under section 105 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1375) shall apply to a violation of this section. (3) Definitions.--In this subsection, each of the terms ``marine mammal'', ``take'', and ``waters under the jurisdiction of the United States'' has the meaning that term has under section 3 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362). SEC. 4. LIMITATIONS ON EXPORTATION OF MARINE MAMMALS. (a) Permit Required for Exportation.--The Marine Mammal Protection Act of 1972 is amended-- (1) in section 102(a) (16 U.S.C. 1372(a))-- (A) in paragraph (4) by striking ``and''; (B) in paragraph (5) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(6) for any person to export from the United States a marine mammal other than in accordance with a permit under section 104.''; (2) in section 103(a) (16 U.S.C. 1373(a)) by striking ``taking and importing'' and inserting ``taking, importing, and exporting''; and (3) in section 104 (16 U.S.C. 1374)-- (A) in subsection (a) by striking ``taking or importation'' and inserting ``taking, importation, or exportation''; (B) in subsection (b)(1)-- (i) in subparagraph (A) by striking ``taken or imported'' and inserting ``taken, imported, or exported''; and (ii) in subparagraph (B) by inserting ``or exported'' after ``imported''; (C) in subsection (d) by striking ``taking or importation'' each place that term appears and inserting ``taking, importation, or exportation''; and (D) in subsection (f)-- (i) in paragraph (1) by striking ``taking importation'' and inserting ``taking, importation, or exportation''; (ii) in paragraph (2) by striking ``taking or importation'' and inserting ``taking, importation, or exportation''; and (iii) in paragraph (3) by striking ``taken or imported'' and inserting ``taken, imported, or exported''. (b) Limitation on Permits for Exportation.--Section 104(c) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(c)) is amended by adding at the end the following: ``(5) The Secretary may not issue a permit which authorizes the exportation of a marine mammal unless-- ``(A) the marine mammal is exported solely for the purpose of maintaining or improving the health and well-being of the marine mammal; and ``(B) the permit prohibits use of the marine mammal for any other purpose.''. SEC. 5. LIMITATIONS ON SCIENTIFIC RESEARCH PERMITS. (a) Limitations.--Section 104(c)(3) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(c)(3)) is amended to read as follows: ``(3)(A) A permit may be issued for scientific research purposes only to an applicant which submits with its permit application information indicating that the taking is required to further a bona fide scientific purpose and does not involve unnecessary duplication of research. ``(B) The Secretary shall not issue a permit for research which involves surgical procedures or the lethal taking of a marine mammal, unless-- ``(i) the Secretary determines that the results of such research will directly benefit that species or stock of marine mammals, and that such research fulfills a critically important research need; and ``(ii) the applicant demonstrates that a nonlethal and noninvasive method for carrying out the research is not feasible. ``(C) A permit issued for scientific research shall require that any release of a marine mammal taken under the permit shall occur-- ``(i) in the general vicinity of the location at which the marine mammal was captured; or ``(ii) in the case of a simultaneous release of more than one marine mammal at the same location, in the natural environment of the species released. ``(D) In establishing the terms of any permit for scientific research, the Secretary shall-- ``(i) give preference to requiring that the release of any marine mammal taken or imported under the permit be carried out simultaneously and at the same location as the release of other marine mammals; and ``(ii) in any case in which such a marine mammal is so released, require that each marine mammal is permanently marked for easy identification. ``(E) A permit issued for scientific research purposes shall be effective for a period which-- ``(i) shall be specified by the Secretary in the terms of the permit; and ``(ii) may not exceed 2 years. ``(F) The Secretary may extend the effective period under subparagraph (E) for a permit if the Secretary-- ``(i) determines the extension is necessary for the completion of a long-term study; and ``(ii) specifies the period of the extension.''. (b) Application of Amendments.--The amendments made by this section shall apply to permits issued under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) after the date of the enactment of this Act.

Marine Mammal Capture, Export, and Public Display Protection Act of 1993 - Amends the Animal Welfare Act (AWA) to require, instead of the penalty applicable under the AWA for a violation regarding a marine mammal, that a person be liable for a civil or criminal penalty under specified provisions of the Marine Mammal Protection Act of 1972 (MMPA). Mandates review and, if appropriate, modifications to AWA standards regarding the care and habitat of marine mammals in captivity. Amends the MMPA to direct the Secretaries of Commerce and Agriculture to jointly establish a system for tracking marine mammals taken in waters under U.S. jurisdiction or imported. Makes it unlawful to take any marine mammal before establishment of the system. Makes it unlawful to export a marine mammal without a permit under this Act. Requires regulations under the MMPA for exporting as well as for taking and importing marine mammals. Authorizes issuance of export permits under the same requirements as taking and importing permits. Allows issuance of an export permit only: (1) to maintain or improve the health and well-being of the mammal; and (2) if the permit prohibits use of the mammal for any other purpose. Modifies scientific research permit requirements regarding issuance, takings involving surgical procedures, lethal takings, release requirements, permanent marking of released mammals, and permit effective periods.

Marine Mammal Capture, Export, and Public Display Protection Act of 1993

SECTION 1. ELIMINATION OF HAZARDS RELATED TO HIGHWAY FACILITIES. (a) Definition of Safety Improvement Project.--Section 101(a)(30) of title 23, United States Code, is amended by inserting ``installs or maintains fluorescent, yellow-green signs at pedestrian or bicycle crossings or school zones,'' after ``call boxes,''. (b) Railway-Highway Crossings.-- (1) Eligible projects.--The first sentence of section 130(a) of such title is amended by inserting ``maintenance of protective devices,'' after ``structures,''. (2) Funds for protective devices.--Section 130(e) of such title is amended by striking ``At least \1/2\'' and inserting ``For each fiscal year, at least $150,000,000''. (3) Biennial reports to congress.--The third sentence of section 130(g) of such title is amended-- (A) by striking ``not later than April 1 of each year'' and inserting ``every other year''; (B) by adding at the end the following: ``The Secretary shall combine this report with the Secretary's report under section 152(h).''. (4) Expenditure of funds.--Section 130 of such title is further amended by adding at the end the following: ``(k) Expenditure of Funds.--Funds made available to carry out this section shall be available for expenditure on compilation and analysis of data in support of activities carried out under subsection (g).''. (c) Availability of Surface Transportation Program Funds.--The second sentence of section 133(d)(1) of such title is amended-- (1) by inserting ``equal'' after ``year an''; and (2) by striking ``which is'' and all that follows before the period. (d) Hazard Elimination Program.-- (1) Purposes.--Section 152(a)(1) of such title is amended by inserting after ``pedestrians,'' the following: ``identify roadway safety improvement needs for such locations, sections, and elements,''. (2) Approval of projects.--Section 152(b) of such title is amended by inserting before the period at the end the following: ``, that reduces the likelihood of crashes involving road departures, intersections, pedestrians, bicycles, older drivers, or construction work zones''. (3) Expenditure of funds.--Section 152(c) of such title is amended-- (A) in paragraph (2) by striking ``or'' at the end; (B) in paragraph (3) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(4) police assistance for traffic and speed management in construction work zones; or ``(5) compilation and analysis of data under subsections (f) and (g).''. (4) Conforming amendment.--Section 152(g) of such title is amended by striking the third sentence and all that follows through the period at the end of the section. (5) Biennial report to congress.--Section 152 of such title is amended-- (A) by redesignating subsection (h) as subsection (i); and (B) by inserting after subsection (g) the following: ``(h) Biennial Reports to Congress.--Not later than 1 year after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the program under this section. The report shall include, at a minimum, the following: ``(1) A summary of State projects completed under this section categorized by the types of hazards described in subsection (b) and a statement of the cost of such projects. ``(2) An analysis of the effectiveness of such projects in reducing the number and severity of crashes at high hazard locations. ``(3) An assessment of the adequacy of authorized funding for the program and State use of such funding to address the national need for such projects. ``(4) Recommendations for funding and program improvements to reduce the number of high hazard locations.''. SEC. 2. WORKER INJURY PREVENTION AND FREE FLOW OF VEHICULAR TRAFFIC. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue regulations to decrease the likelihood of worker injury and maintain the free flow of vehicular traffic by requiring workers whose duties place them on or in close proximity to a Federal-aid highway (as defined in section 101 of title 23, United States Code) to wear high visibility garments. Such regulations may also require such other worker-safety measures for workers with those duties as the Secretary determines appropriate.

Amends Federal highway provisions to include within the definition of "safety improvement project" a project that installs or maintains fluorescent, yellow-green signs at pedestrian or bicycle crossings or school zones.Authorizes the payment from apportioned funds for the entire cost of construction projects involving the maintenance of protective devices at railway-highway crossings. Makes specified sums available for each fiscal year for that purpose.Provides for biennial (currently, annual) reports by each State to the Secretary of Transportation on progress being made to implement the railway-highway crossings program.Requires each State to identify roadway safety improvement needs for hazardous locations, sections, and elements which may constitute a danger to motorists, bicyclists, and pedestrians. Authorizes the Secretary to approve as a project under the hazard elimination program any safety improvement project that reduces the likelihood of crashes involving road departures, intersections, pedestrians, bicycles, older drivers, or construction work zones. Makes funds available for: (1) police assistance for traffic and speed management in construction work zones; or (2) compilation and analysis of data.Directs the Secretary to: (1) transmit to specified congressional committees biennial reports on the results of the hazard elimination program; and (2) issue regulations to decrease the likelihood of worker injury and maintain the free flow of vehicular traffic by requiring workers whose duties place them on or in close proximity to a Federal-aid highway to wear high visibility garments. Authorizes such regulations to require other worker-safety measures.

To amend title 23, United States Code, to improve roadway safety for motor vehicles, bicycles, and pedestrians and workers in proximity to vehicle traffic.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Uganda Crisis Response Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States and the Republic of Uganda enjoy a strong bilateral relationship and continue to work closely together in fighting the human immunodeficiency virus and acquired immune deficiency syndrome (``HIV/AIDS'') pandemic and combating international terrorism. (2) For more than 17 years, the Government of Uganda has been engaged in a conflict with the Lord's Resistance Army that has inflicted hardship and suffering on the people of northern and eastern Uganda. (3) The members of the Lord's Resistance Army have used brutal tactics during this conflict, including abducting and forcing individuals into sexual servitude, and forcing a large number of children, estimated to be between 16,000 and 26,000 children, in Uganda to serve in such Army's military forces. (4) The Secretary of State has designated the Lord's Resistance Army as a terrorist organization and placed the Lord's Resistance Army on the Terrorist Exclusion list pursuant to section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)). (5) According to Human Rights Watch, since the mid-1990s the only known sponsor of the Lord's Resistance Army has been the Government of Sudan, though such Government denies providing assistance to the Lord's Resistance Army. (6) More than 1,000,000 people have been displaced from their homes in Uganda as a result of the conflict. (7) The conflict has resulted in a lack of security for the people of Uganda, and as a result of such lack, each night more than 18,000 children leave their homes and flee to the relative safety of town centers, creating a massive ``night commuter'' phenomenon that leaves already vulnerable children subject to exploitation and abuse. (8) Individuals who have been displaced by the conflict in Uganda often suffer from acute malnutrition and the mortality rate for children in northern Uganda who have been displaced is very high. (9) In the latter part of 2003, humanitarian and human rights organizations operating in northern Uganda reported an increase in violence directed at their efforts and at civilians, including a sharp increase in child abductions. (10) The Government of Uganda's military efforts to resolve this conflict, including the arming and training of local militia forces, have not ensured the security of civilian populations in the region to date. (11) The continued instability and lack of security in Uganda has severely hindered the ability of any organization or governmental entity to deliver regular humanitarian assistance and services to individuals who have been displaced or otherwise negatively affected by the conflict. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the Government of the United States should-- (1) work vigorously to support ongoing efforts to explore the prospects for a peaceful resolution of the conflict in northern and eastern Uganda; (2) work with the Government of Uganda and the international community to make available sufficient resources to meet the immediate relief and development needs of the towns and cities in Uganda that are supporting large numbers of people who have been displaced by the conflict; (3) urge the Government of Uganda and the international community to assume greater responsibility for the protection of civilians and economic development in regions in Uganda affected by the conflict, and to place a high priority on providing security, economic development, and humanitarian assistance to the people of Uganda; (4) work with the international community, the Government of Uganda, and civil society in northern and eastern Uganda to develop a plan whereby those now displaced may return to their homes or to other locations where they may become economically productive; (5) urge the leaders and members of the Lord's Resistance Army to stop the abduction of children, and urge all armed forces in Uganda to stop the use of child soldiers, and seek the release of all individuals who have been abducted; (6) make available increased resources for assistance to individuals who were abducted during the conflict, child soldiers, and other children affected by the conflict; (7) work with the Government of Uganda, other countries, and international organizations to ensure that sufficient resources and technical support are devoted to the demobilization and reintegration of rebel combatants and abductees forced by their captors to serve in non-combatant support roles; (8) cooperate with the international community to support civil society organizations and leaders in Uganda, including Acholi religious leaders, who are working toward a just and lasting resolution to the conflict; (9) urge the Government of Uganda to improve the professionalism of Ugandan military personnel currently stationed in northern and eastern Uganda, with an emphasis on respect for human rights, accountability for abuses, and effective civilian protection; (10) work with the international community to assist institutions of civil society in Uganda to increase the capacity of such institutions to monitor the human rights situation in northern Uganda and to raise awareness of abuses of human rights that occur in that area; (11) urge the Government of Uganda to permit international human rights monitors to establish a presence in northern and eastern Uganda; (12) monitor the creation of civilian militia forces in northern and eastern Uganda and publicize any concerns regarding the recruitment of children into such forces or the potential that the establishment of such forces will invite increased targeting of civilians in the conflict or exacerbate ethnic tension and violence; and (13) make clear that the relationship between the Government of Sudan and the Government of the United States cannot improve unless no credible evidence indicates that authorities of the Government of Sudan are complicit in efforts to provide weapons or other support to the Lord's Resistance Army. SEC. 4. REPORT. (a) Requirements.--Not later than 6 months after the date of enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees on the conflict in Uganda. (b) Content.--The report required by subsection (a) shall include a description of the following: (1) The individuals or entities that are providing financial and material support for the Lord's Resistance Army, including a description of any such support provided by the Government of Sudan or by senior officials of such Government. (2) The activities of the Lord's Resistance Army that create obstacles that prohibit the provision of humanitarian assistance or the protection of the civilian population in Uganda. (3) The practices employed by the Ugandan People's Defense Forces in northern and eastern Uganda to ensure that children and civilians are protected, that civilian complaints are addressed, and that any member of the armed forces that abuses a civilian is held accountable for such abuse. (4) The actions carried out by the Government of the United States, the Government of Uganda, or the international community to protect civilians, especially women and children, who have been displaced by the conflict in Uganda, including women and children that leave their homes and flee to cities and towns at night in search of security from sexual exploitation and gender-based violence. (c) Form of Report.--The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Northern Uganda Crisis Response Act - Expresses the sense of Congress that the United States should: (1) support efforts for a peaceful resolution of the conflict in northern and eastern Uganda; (2) work with the Government of Uganda and the international community to make available sufficient resources to meet the relief and development needs of the towns and cities that are supporting large numbers of displaced people; (3) urge the Government of Uganda and the international community to assume greater responsibility for the protection of civilians and economic development in regions in Uganda affected by the conflict; (4) urge the leaders and members of the Lord's Resistance Army to stop the abduction of children, and urge all armed forces in Uganda to stop the use of child soldiers, and seek the release of all individuals who have been abducted; (5) provide assistance to individuals who were abducted during the conflict, child soldiers, and other children affected by the conflict; (6) work with the Government of Uganda, other countries, and international organizations to ensure that sufficient resources and technical support are devoted to the demobilization and reintegration of rebel combatants and abductees; (7) urge the Government of Uganda to improve the professionalism of Ugandan military personnel currently stationed in northern and eastern Uganda, with an emphasis on respect for human rights and civilian protection; (8) work with the international community to assist and increase the capacity of Ugandan civil institutions to monitor the human rights situation in northern Uganda; (9) urge the Government of Uganda to permit international human rights monitors to establish a presence in northern and eastern Uganda; and (10) make clear that the relationship between Sudan and the United States cannot improve unless no credible evidence indicates that authorities of the Government of Sudan are providing support to the Lord's Resistance Army. Directs the Secretary of State to submit a report on the conflict in Uganda which shall include information on: (1) individuals or entities that are providing support for the Lord's Resistance Army, including a description of any such support provided by the Government of Sudan or by senior officials of such Government; (2) activities of the Lord's Resistance Army that prohibit the provision of humanitarian assistance or the protection of the civilian population in Uganda; (3) practices employed by the Ugandan People's Defense Forces in northern and eastern Uganda to ensure that children and civilians are protected; and (4) actions carried out by the United States, Uganda, or the international community to protect displaced civilians, especially women and children.

A bill to require a report on the conflict in Uganda, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alien Terrorist Removal Act of 1995''. SEC. 2. REMOVAL OF ALIEN TERRORISTS. The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting the following new section: ``removal of alien terrorists ``Sec. 242C. (a) Definitions.--As used in this section-- ``(1) the term `alien terrorist' means any alien described in section 241(a)(4)(B); ``(2) the term `classified information' has the same meaning as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App. IV); ``(3) the term `national security' has the same meaning as defined in section 1(b) of the Classified Information Procedures Act (18 U.S.C. App. IV); ``(4) the term `special court' means the court described in subsection (c) of this section; and ``(5) the term `special removal hearing' means the hearing described in subsection (e) of this section. ``(b) Application for Use of Procedures.--The provisions of this section shall apply whenever the Attorney General certifies under seal to the special court that-- ``(1) the Attorney General or Deputy Attorney General has approved of the proceeding under this section; ``(2) an alien terrorist is physically present in the United States; and ``(3) removal of such alien terrorist by deportation proceedings described in sections 242, 242A, or 242B would pose a risk to the national security of the United States because such proceedings would disclose classified information. ``(c) Special Court.-- ``(1) The Chief Justice of the United States shall publicly designate up to seven judges from up to seven United States judicial districts to hear and decide cases arising under this section, in a manner consistent with the designation of judges described in section 103(a) of the Foreign Intelligence Surveillance Act (50 U.S.C. 1803(a)). ``(2) The Chief Justice may, in the Chief Justice's discretion, designate the same judges under this section as are designated pursuant to 50 U.S.C. 1803(a). ``(d) Invocation of Special Court Procedure.-- ``(1) When the Attorney General makes the application described in subsection (b), a single judge of the special court shall consider the application in camera and ex parte. ``(2) The judge shall invoke the procedures of subsection (e), if the judge determines that there is probable cause to believe that-- ``(A) the alien who is the subject of the application has been correctly identified; ``(B) a deportation proceeding described in sections 242, 242A, or 242B would pose a risk to the national security of the United States because such proceedings would disclose classified information; and ``(C) the threat posed by the alien's physical presence is immediate and involves the risk of death or serious bodily harm. ``(e) Special Removal Hearing.-- ``(1) Except as provided in paragraph (4), the special removal hearing authorized by a showing of probable cause described in subsection (d)(2) shall be open to the public. ``(2) The alien shall have a right to be present at such hearing and to be represented by counsel. Any alien financially unable to obtain counsel shall be entitled to have counsel assigned to represent such alien. Counsel may be appointed as described in section 3006A of title 18, United States Code. ``(3) The alien shall have a right to introduce evidence on his own behalf, and except as provided in paragraph (4), shall have a right to cross-examine any witness or request that the judge issue a subpoena for the presence of a named witness. ``(4) The judge shall authorize the introduction in camera and ex parte of any item of evidence for which the judge determines that public disclosure would pose a risk to the national security of the United States because it would disclose classified information. ``(5) With respect to any evidence described in paragraph (4), the judge shall cause to be delivered to the alien either-- ``(A)(i) the substitution for such evidence of a statement admitting relevant facts that the specific evidence would tend to prove, or (ii) the substitution for such evidence of a summary of the specific evidence; or ``(B) if disclosure of even the substituted evidence described in subparagraph (A) would create a substantial risk of death or serious bodily harm to any person, a statement informing the alien that no such summary is possible. ``(6) If the judge determines-- ``(A) that the substituted evidence described in paragraph (5)(A) will provide the alien with substantially the same ability to make his defense as would disclosure of the specific evidence, or ``(B) that disclosure of even the substituted evidence described in paragraph (5)(A) would create a substantial risk of death or serious bodily harm to any person, then the determination of deportation (described in subsection (f)) may be made pursuant to this section. ``(f) Determination of Deportation.-- ``(1) If the determination in subsection (e)(6)(A) has been made, the judge shall, considering the evidence on the record as a whole, require that the alien be deported if the Attorney General proves, by clear and convincing evidence, that the alien is subject to deportation because he is an alien as described in section 241(a)(4)(B). ``(2) If the determination in subsection (e)(6)(B) has been made, the judge shall, considering the evidence received (in camera and otherwise), require that the alien be deported if the Attorney General proves, by clear, convincing, and unequivocal evidence, that the alien is subject to deportation because he is an alien as described in section 241(a)(4)(B). ``(g) Appeals.-- ``(1) The alien may appeal a determination under subsection (f) to the court of appeals for the Federal Circuit, by filing a notice of appeal with such court within twenty days of the determination under such subsection. ``(2) The Attorney General may appeal a determination under subsection (d), (e), or (f) to the court of appeals for the Federal Circuit, by filing a notice of appeal with such court within twenty days of the determination under any one of such subsections. ``(3) When requested by the Attorney General, the entire record of the proceeding under this section shall be transmitted to the court of appeals under seal. The court of appeals shall consider such appeal in camera and ex parte.''.

Alien Terrorist Removal Act of 1995 - Amends the Immigration and Nationality Act to establish procedures for the removal of alien terrorists, including a special court to hear such cases.

Alien Terrorist Removal Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Life-Saving Service Heritage Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The United States Life-Saving Service was organized by the Congress by enactment of the Act entitled ``An Act to organize the Life-Saving-Service'', approved June 18, 1878 (chapter 265; 20 Stat. 163 et seq.). (2) These lifesaving stations were staffed by brave volunteer and professional lifesavers, who risked life and limb to rescue shipwrecked passengers and crews. (3) Many surviving Life-Saving Service stations are of rare architectural significance, yet these historic stations are threatened by harsh coastal environments, rapid economic development in the coastal zone, neglect, and lack of resources for their preservation. (4) The heroic actions of Life-Saving Service personnel deserve greater recognition, and their contributions to America's maritime history should be celebrated through a comprehensive preservation program and greater opportunities for the public's education about the heritage of the Life- Saving Service. (b) Purpose.--The purpose of this Act is to authorize the Secretary of the Interior to establish a program to inventory, evaluate, document, and assist efforts to preserve surviving Life-Saving Service stations. SEC. 3. UNITED STATES LIFE-SAVING SERVICE STATION PRESERVATION PROGRAM. (a) In General.--The Secretary of the Interior, through the National Maritime Initiative of the National Park Service, shall establish a program in accordance with this section to inventory, evaluate, document, and assist efforts to preserve surviving United States Life-Saving Service stations. (b) Inventory, Documentation, and Evaluation.--The Secretary, in cooperation with the U.S. Life-Saving Service Heritage Association, shall-- (1) survey coastal regions of the United States to identify and prepare an inventory of surviving historic lifesaving stations; (2) document the designs of significant existing structures and lifesaving boats of historic lifesaving stations, for inclusion in the Historic American Engineering Record Collection; and (3) evaluate historic lifesaving stations, including-- (A) assessing the historic significance, integrity, and condition of surviving historic lifesaving stations; and (B) making recommendations for outstanding examples of historic lifesaving stations that should be designated as National Historic Landmarks. (c) Technical Assistance, Educational Materials, Research Aids, and Other Information.--The Secretary shall-- (1) serve as a clearinghouse of information for persons interested in preserving historic lifesaving stations; and (2) make available to the public, including through the Internet, educational materials, research aids, guides, bibliographies, and other information regarding the Life-Saving Service and related organizations that provided humanitarian assistance to shipwrecked mariners, including-- (A) information on the history and development of the Life-Saving Service, predecessor private and State lifesaving organizations, and Coast Guard lifesaving stations; (B) technical descriptions of lifesaving boats, line-guns, life cars, and other lifesaving gear; (C) the inventory, documentation, and evaluation prepared under subsection (b); and (D) guidance and technical assistance in the listing of historic lifesaving stations in the National Register of Historic Places. (d) Grants.-- (1) In general.--The Secretary, subject to the availability of appropriations, shall make grants to coordinate and assist preservation of historic lifesaving stations. (2) Cost share.--The Federal share of the cost of an activity carried out with financial assistance under this subsection shall not exceed 75 percent of the total cost of the activity. (e) Definitions.--In this section: (1) Historic lifesaving station.--The term ``historic lifesaving station'' means any land, structure, equipment, or other physical artifact or facility formerly under the jurisdiction or control of the Life-Saving Service, including lifesaving stations, sailor's refuges, shipwreck survivors' cache sites, and lifeboats. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the National Maritime Initiative of the National Park Service. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary-- (1) for use in making grants under subsection (d), $5,000,000 for each of fiscal years 2004 through 2008; and (2) for carrying out the other provisions of this section $500,000 for each of fiscal years 2004 through 2008.

United States Life-Saving Service Heritage Act - Directs the Secretary of the Interior, through the National Maritime Initiative of the National Park Service, to establish a program to inventory, evaluate, document, and assist efforts to preserve surviving U.S. Life-Saving Service stations.Requires the Secretary to: (1) serve as a clearinghouse of information for persons interested in restoring and preserving historic lifesaving stations; (2) make information regarding the Service and related organizations that provided humanitarian assistance to shipwrecked mariners available to the public; and (3) make grants to coordinate and assist such preservation.

To authorize the Secretary of the Interior to establish a program to inventory, evaluate, document, and assist efforts to preserve surviving United States Life-Saving Service stations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Musconetcong Wild and Scenic Rivers Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Secretary of the Interior, in cooperation and consultation with appropriate Federal, State, regional, and local agencies, is conducting a study of the eligibility and suitability of the Musconetcong River in the State of New Jersey for inclusion in the Wild and Scenic Rivers System; (2) the Musconetcong Wild and Scenic River Study Task Force, with assistance from the National Park Service, has prepared a river management plan for the study area entitled ``Musconetcong River Management Plan'' and dated April 2003 that establishes goals and actions to ensure long-term protection of the outstanding values of the river and compatible management of land and water resources associated with the Musconetcong River; and (3) 13 municipalities and 3 counties along segments of the Musconetcong River that are eligible for designation have passed resolutions in which the municipalities and counties-- (A) express support for the Musconetcong River Management Plan; (B) agree to take action to implement the goals of the management plan; and (C) endorse designation of the Musconetcong River as a component of the Wild and Scenic Rivers System. SEC. 3. DEFINITIONS. In this Act: (1) Additional river segment.--The term ``additional river segment'' means the approximately 4.3-mile Musconetcong River segment designated as ``C'' in the management plan, from Hughesville Mill to the Delaware River Confluence. (2) Management plan.--The term ``management plan'' means the river management plan prepared by the Musconetcong River Management Committee, the National Park Service, the Heritage Conservancy, and the Musconetcong Watershed Association entitled ``Musconetcong River Management Plan'' and dated April 2003 that establishes goals and actions to-- (A) ensure long-term protection of the outstanding values of the river segments; and (B) compatible management of land and water resources associated with the river segments. (3) River segment.--The term ``river segment'' means any segment of the Musconetcong River, New Jersey, designated as a scenic river or recreational river by section 3(a)(167) of the Wild and Scenic Rivers Act (as added by section 4). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. DESIGNATION OF PORTIONS OF MUSCONETCONG RIVER, NEW JERSEY, AS SCENIC AND RECREATIONAL RIVERS. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(167) Musconetcong river, new jersey.-- ``(A) Designation.--The 24.2 miles of river segments in New Jersey, consisting of-- ``(i) the approximately 3.5-mile segment from Saxton Falls to the Route 46 bridge, to be administered by the Secretary of the Interior as a scenic river; and ``(ii) the approximately 20.7-mile segment from the Kings Highway bridge to the railroad tunnels at Musconetcong Gorge, to be administered by the Secretary of the Interior as a recreational river. ``(B) Administration.--Notwithstanding section 10(c), the river segments designated under subparagraph (A) shall not be administered as part of the National Park System.''. SEC. 5. MANAGEMENT. (a) Management Plan.-- (1) In general.--The Secretary shall manage the river segments in accordance with the management plan. (2) Satisfaction of requirements for plan.--The management plan shall be considered to satisfy the requirements for a comprehensive management plan for the river segments under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (3) Restrictions on water resource projects.--For purposes of determining whether a proposed water resources project would have a direct and adverse effect on the values for which a river segment is designated as part of the Wild and Scenic Rivers System under section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)), the Secretary shall consider the extent to which the proposed water resources project is consistent with the management plan. (4) Implementation.--The Secretary may provide technical assistance, staff support, and funding to assist in the implementation of the management plan. (b) Cooperation.-- (1) In general.--The Secretary shall manage the river segments in cooperation with appropriate Federal, State, regional, and local agencies, including-- (A) the Musconetcong River Management Committee; (B) the Musconetcong Watershed Association; (C) the Heritage Conservancy; (D) the National Park Service; and (E) the New Jersey Department of Environmental Protection. (2) Cooperative agreements.--Any cooperative agreement entered into under section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e)) relating to a river segment-- (A) shall be consistent with the management plan; and (B) may include provisions for financial or other assistance from the United States to facilitate the long-term protection, conservation, and enhancement of the river segment. (c) Land Management.-- (1) In general.--The Secretary may provide planning, financial, and technical assistance to local municipalities and nonprofit organizations to assist in the implementation of actions to protect the natural and historic resources of the river segments. (2) Plan requirements.--After adoption of recommendations made in section IV of the management plan, the zoning ordinances of the municipalities bordering the segments shall be considered to satisfy the standards and requirements under section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (d) Designation of Additional River Segment.-- (1) Finding.--Congress finds that the additional river segment is suitable for designation as a recreational river if the Secretary determines that there is adequate local support for the designation of the additional river segment in accordance with paragraph (3). (2) Designation and administration.--If the Secretary determines that there is adequate local support for designating the additional river segment as a recreational river-- (A) the Secretary shall publish in the Federal Register notice of the designation of the segment; (B) the segment shall be designated as a recreational river in accordance with the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); and (C) the Secretary shall administer the additional river segment as a recreational river. (3) Criteria for local support.--In determining whether there is adequate local support for the designation of the additional river segment, the Secretary shall consider the preferences of local governments expressed in resolutions concerning designation of the additional river segment. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act and the amendments made by this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Musconetcong Wild and Scenic Rivers Act - Amends the Wild and Scenic Rivers Act (the Act) to designate specified segments of the Musconetcong River, New Jersey, as scenic and recreational rivers. Prohibits such designated river segments from being administered as part of the National Park System. Directs the Secretary of the Interior to manage those segments in accordance with the Musconetcong River Management Plan (dated April 2003), which establishes goals and actions to ensure long-term protection of the outstanding values of the river segments and compatible management of land and water resources associated with such segments. Considers the management plan as satisfying the requirements for a comprehensive management plan for those river segments. Directs the Secretary, in determining whether a proposed water resources project would have a direct and adverse effect on the values for which a river segment is designated as part of the Wild and Scenic Rivers System, to consider the extent to which the project is consistent with the management plan. Authorizes the Secretary to provide technical assistance, staff support, and funding to assist in the implementation of the management plan. Requires the Secretary to manage the river segments in cooperation with appropriate Federal, State, regional, and local agencies. Requires any cooperative agreement entered into under the Act relating to a river segment to be consistent with the management plan. Permits an agreement to include provisions for financial or other assistance from the United States to facilitate the long-term protection, conservation, and enhancement of the river segment. Authorizes the Secretary to provide planning, financial, and technical assistance to local municipalities and nonprofit organizations to assist in the implementation of actions to protect the natural and historic resources of the river segments. Considers, after adoption of recommendations made in section IV of the management plan, the zoning ordinances of the municipalities bordering the segments as satisfying requirements with respect to the curtailment of condemnation power in urban areas covered by valid and satisfactory zoning ordinances. Provides for the designation of an additional river segment if there is adequate local support and for its administration as a recreational river. Authorizes appropriations.

A bill to amend the Wild and Scenic Rivers Act to designate portions of the Musconetcong River in the State of New Jersey as a component of the National Wild and Scenic Rivers System, and for other purposes.

SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE. (a) Short Title.--This Act may be cited as the ``Rocky Flats Minerals Acquisition Act''. (b) Findings.--The Congress finds the following: (1) Pursuant to the Rocky Flats Wildlife Refuge Act of 2001 (subtitle F of Public Law 107-107), upon completion of its cleanup and closure, the Rocky Flats Environmental Technology Site, located in Colorado, will be transferred to the Department of the Interior and managed as a unit of the National Wildlife Refuge System. (2) Acquisition by the United States of certain mineral rights associated with Rocky Flats is desirable in order to-- (A) further sound management of the site as a national wildlife refuge; and (B) reduce the long-term responsibility of the Department of Energy. (3) The likelihood of acquiring such rights will be increased by providing the Secretary of the Interior additional methods for completion of the acquisition. (c) Purpose.--The purpose of this Act is to authorize and facilitate acquisition of mineral and other rights associated with the Rocky Flats site. SEC. 2. DEFINITIONS. In this Act: (1) Mineral rights.--The term ``mineral rights'' means the right, title, and interest of parties other than the United States with respect to minerals located within the boundary of the Rocky Flats National Wildlife Refuge. (2) Fair market value.--The term ``fair market value'' means the value of a mineral right, as determined by an appraisal performed by an independent, certified mineral appraiser under the Uniform Standards of Professional Appraisal Practice. (3) Natural resource damage liability claim.--The term ``natural resource damage liability claim'' means a natural resource damage liability claim under subsections (a)(4)(C) and (f) of section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) arising from hazardous substances releases at or from Rocky Flats that, as of the date of enactment of this Act, are identified in the administrative record for Rocky Flats required by the National Oil and Hazardous Substances Pollution Contingency Plan prepared under section 105 of that Act (42 U.S.C. 9605). (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (5) Trustees.--The term ``Trustees'' means the Federal and State officials designated as trustees under section 107(f)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(2)). (6) Rocky flats.--The term ``Rocky Flats'' means the Department of Energy facility in the State of Colorado known as the ``Rocky Flats Environmental Technology Site''. (7) Rocky flats national wildlife refuge.--The term ``Rocky Flats National Wildlife Refuge'' has the same meaning as in the Rocky Flats National Wildlife Refuge Act (subtitle F of Public Law 107-107). SEC. 3. PURCHASE OF MINERAL RIGHTS. (a) Purchase of Mineral Rights.-- (1) In general.--The Secretary may purchase mineral rights. (2) Conditions.--The Secretary shall not purchase a mineral right under paragraph (1) unless-- (A) the owner of the mineral right is a willing seller; and (B) the Secretary purchases the mineral right at fair market value. (b) Consultation Regarding Priority.--The Secretary shall consult with the Secretary of the Interior in order to identify which purchases of mineral rights should have the highest priority. (c) Retention of Minerals.--Mineral rights purchased under this Act shall be retained by the United States, and are hereby withdrawn from disposal under the mining and mineral leasing laws of the United States. SEC. 4. FUNDING AND RELEASE FROM LIABILITY. (a) Funding.--For the purpose of purchasing mineral rights under this Act, the Secretary may use-- (1) of the amounts appropriated to the Secretary for the Rocky Flats Environmental Technology Site during fiscal year 2006, $10,000,000; and (2) any other funds appropriated for such purpose. (b) Release From Liability.--Notwithstanding any other law, any natural resource damage liability claim shall be considered to be satisfied by-- (1) the purchase by the Secretary of mineral rights for consideration in an amount equal to $10,000,000; (2) the payment by the Secretary to the Trustees of $10,000,000; or (3) the purchase by the Secretary of any portion of mineral rights for-- (A) consideration in an amount less than $10,000,000; and (B) a payment by the Secretary to the Trustees of an amount equal to the difference between $10,000,000 and the amount paid under subparagraph (A). (c) Use of Funds.-- (1) In general.--Any amounts received by the Trustees under subsection (b) shall be used by the Trustees for the purposes described in section 107(f)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(1)), including-- (A) the purchase of any additional Rocky Flats mineral rights that were not purchased by the Secretary under this subsection; and (B) the development of habitat restoration projects at Rocky Flats. (2) Condition.--Any expenditure of funds under this paragraph shall be made jointly by the Trustees. (3) Additional funds.--The Trustees may use the funds received under subsection (b)(3) in conjunction with other private and public funds. SEC. 5. TRANSFER OF MANAGEMENT RESPONSIBILITIES FOR LANDS CONTAINING ROCKY FLATS MINERALS. Notwithstanding the Rocky Flats National Wildlife Refuge Act (16 U.S.C. 668dd note; Public Law 107-107), administrative jurisdiction over lands in Rocky Flats where active development of mineral rights is occurring shall remain with the Secretary and shall not be transferred to the Secretary of the Interior until such time as mining has terminated and the lands have been reclaimed by the mineral rights holders in accordance with requirements established by the State of Colorado. SEC. 6. ADDITIONAL AUTHORITY TO ACQUIRE MINERAL INTERESTS. Section 3174 of Public Law 107-107 (115 Stat. 1381) is amended by adding at the end the following: ``(g) Acquisition of Mineral Interests and Interests in Lands or Waters.-- ``(1) In general.--The Secretary of the Interior may acquire mineral interests, including interests in sand and gravel, and any other non-Federal interests in lands or waters, within Rocky Flats by-- ``(A) purchase with funds available to the Secretary for such purpose; ``(B) exchange under section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716); ``(C) issuance of credits in an amount equal to some or all of the market value of the mineral or other interests acquired, with the concurrence of the person transferring such interests to the United States; or ``(D) any combination of the means described in subparagraphs (A), (B), and (C). ``(2) Definition of credits.--For purposes of this subsection, the term `credits' means appropriate legal instruments or other written documentation, or an entry in an account managed by the Secretary of the Interior, that can be used in lieu of any other monetary payment-- ``(A) for bonus bids for lease sales on the Outer Continental Shelf; or ``(B) for royalty due on oil or gas production under any lease of an area located on the Outer Continental Shelf outside the zone described in section 8(g)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)(2)). ``(3) Transferability of credits.--Any credits issued under this subsection shall be freely transferable to any other person, if the transferor notifies the Secretary of the Interior of the transfer by such method as the Secretary may specify. ``(4) Expiration.--Any credits issued under this subsection shall expire 10 years after the date on which they are issued. ``(5) Acquisition through exchange.-- ``(A) Same-state restriction not applicable.--The requirement under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)) that lands or interests exchanged under that section must be located in the same State shall not apply to land (or an interest in land) in Rocky Flats that is acquired by the United States in an exchange under that section. ``(B) Limitations.-- ``(i) Suitability for disposal.--Nothing in this subsection shall be construed as authorizing disposal of any public land or interest therein that has not been identified as suitable for disposal pursuant to section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713). ``(ii) Lands outside exterior boundaries.-- No lands (or interests therein) located outside the exterior boundaries of Rocky Flats may be acquired by the Federal Government for the purposes of this subtitle except with the consent of the owner thereof. ``(6) Management of acquired interests.--Any interests acquired by the United States under this subsection shall be managed by the Secretary of the Interior under the standards that apply to the Rocky Flats National Wildlife Refuge. No minerals acquired under this subsection shall be subject to development or disposal by the United States or any other party under any law related to minerals owned by the United States. ``(7) Relation to other authority.--The authorities provided to the Secretary of the Interior by this subsection are in addition to any other authority available to the Secretary with regard to acquisition of non-Federal interests located within Rocky Flats.''. SEC. 7. EXEMPTION. No acquisition of mineral rights under this Act shall be considered to constitute a major Federal action significantly affecting the quality of the human environment for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

Rocky Flats Minerals Acquisition Act - Authorizes the Secretary of Energy to purchase, at fair market value from willing sellers, rights to minerals located within the Rocky Flats National Wildlife Refuge. Withdraws such rights from disposal under federal mining and mineral leasing laws. Authorizes the Secretary to use certain funds appropriated for the Rocky Flats Environmental Technology Site during FY 2006 to purchase such rights. Cites purchase and payment conditions for satisfaction of any natural resource damage liability claim. Declares that administrative jurisdiction over lands in Rocky Flats where active development of mineral rights is occurring remains with the Secretary and shall not be transferred to the Secretary of the Interior until mining has been terminated and the lands have been reclaimed by the mineral rights holders in accordance with Colorado state requirements. Amends the National Defense Authorization Act for FY2002 to prescribe procedures under which the Secretary of the Interior may acquire mineral interests, including interests in sand and gravel and any other non-federal interests in lands or waters within Rocky Flats.

To authorize the acquisition of certain mineral rights in Colorado, and for other purposes.

SECTION 1. ENCOURAGEMENT OF CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE FOR CONSERVATION PURPOSES. (a) In General.-- (1) Individuals.--Paragraph (1) of subsection 170(b) of the Internal Revenue Code of 1986 (relating to percentage limitations) is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following new subparagraph: ``(E) Contributions of qualified conservation contributions.-- ``(i) In general.--Any qualified conservation contribution (as defined in subsection (h)(1)) to an organization described in subparagraph (A) shall be allowed to the extent the aggregate of such contributions does not exceed the excess of 50 percent of the taxpayer's contribution base over the amount of all other charitable contributions allowable under this paragraph. ``(ii) Carryover.--If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution to which clause (i) applies in each of the 15 succeeding years in order of time. ``(iii) Coordination with other subparagraphs.--For purposes of applying this subsection and subsection (d)(1), contributions described in clause (i) shall not be treated as described in subparagraph (A), (B), (C), or (D). ``(iv) Qualified farmer or rancher.-- ``(I) In general.--If the individual is a qualified farmer or rancher for the taxable year in which the contribution is made, clause (i) shall be applied by substituting `100 percent' for `50 percent'. ``(II) Definition.--For purposes of subclause (I), the term `qualified farmer or rancher' means a taxpayer whose gross income from the trade or business of farming (within the meaning of section 2032A(e)(5)) is greater than 50 percent of the taxpayer's gross income for the taxable year.''. (2) Corporations.--Paragraph (2) of section 170(b) of such Code is amended to read as follows: ``(2) Corporations.--In the case of a corporation-- ``(A) In general.--The total deductions under subsection (a) for any taxable year (other than for contributions to which subparagraph (B) applies) shall not exceed 10 percent of the taxpayer's taxable income. ``(B) Qualified conservation contributions by certain corporate farmers and ranchers.-- ``(i) In general.--Any qualified conservation contribution (as defined in subsection (h)(1)) made-- ``(I) by a corporation which, for the taxable year during which the contribution is made, is a qualified farmer or rancher (as defined in paragraph (1)(E)(iv)(II)) and the stock of which is not readily tradable on an established securities market at any time during such year, and ``(II) to an organization described in paragraph (1)(A), shall be allowed to the extent the aggregate of such contributions does not exceed the excess of the taxpayer's taxable income over the amount of charitable contributions allowable under subparagraph (A). ``(ii) Carryover.--If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(2)) as a charitable contribution to which clause (i) applies in each of the 15 succeeding years in order of time. ``(C) Taxable income.--For purposes of this paragraph, taxable income shall be computed without regard to-- ``(i) this section, ``(ii) part VIII (except section 248), ``(iii) any net operating loss carrryback to the taxable year under section 172, ``(iv) section 199, and ``(v) any capital loss carryback to the taxable year under section 1212(a)(1).''. (b) Conforming Amendments.-- (1) The second sentence of clause (i) of section 170(b)(1)(C) of such Code is amended by striking ``subparagraph (D)'' and inserting ``subparagraph (D) or (E)''. (2) Clause (i) of section 170(b)(1)(D) of such Code is amended by striking ``subparagraph (A)'' and inserting ``subparagraphs (A) or (E)''. (3) Paragraph (2) of section 170(d) of such Code is amended by striking ``subsection (b)(2)'' each place it appears and inserting ``subsection (b)(2)(A)''. (4) Section 545(b)(2) of such Code is amended by striking ``and (D)'' and inserting ``(D), and (E)''. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2005, and before January 1, 2008.

Amends the Internal Revenue Code to allow: (1) taxpayers making charitable contributions of real property for conservation purposes (qualified conservation contributions) to deduct up to 50% (currently, 30%) of their income for such contributions (100% for certain farmers or ranchers); and (2) a 15-year carryover of excess tax deduction amounts for such contributions.

To amend the Internal Revenue Code of 1986 to encourage charitable contributions of real property for conservation purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Court of Appeals Act''. SEC. 2. ESTABLISHMENT OF COURT OF APPEALS FOR THE SOCIAL SECURITY CIRCUIT. (a) Number and Composition of Circuits.--Section 41 of title 28, United States Code, is amended-- (1) by striking ``thirteen'' and inserting ``fourteen''; and (2) by adding at the end of the table contained therein the following: ``Social Security........ All Federal judicial districts.''. (b) Number and Residence of Circuit Judges.--(1) Section 44(a) of title 28, United States Code, is amended by adding at the end of the table contained therein the following: ``Social Security........ 5.''. (2) Section 44(c) of title 28, United States Code, is amended by adding at the end the following: ``While in active service, each circuit judge of the Social Security judicial circuit shall reside within fifty miles of the District of Columbia.''. (c) Terms of Court.--(1) Section 48(a) of title 28, United States Code, is amended by adding at the end of the table contained therein the following: ``Social Security........ District of Columbia, and in any other place listed above as the court directs.''. (2) Section 48(d) of title 28, United States Code, is amended by inserting ``and of the Court of Appeals for the Social Security Circuit'' after ``Federal Circuit''. SEC. 3. JURISDICTION. (a) Final Decisions of District Courts.--Section 1291 of title 28, United States Code, is amended-- (1) in the first sentence by inserting ``and the United States Court of Appeals for the Social Security Circuit'' after ``Federal Circuit''; and (2) by adding at the end the following: ``The jurisdiction of the United States Court of Appeals for the Social Security Circuit shall be limited to the jurisdiction described in subsections (b) and (e) of section 1292 and section 1296 of this title.''. (b) Interlocutory Decisions.--Section 1292 of title 28, United States Code, is amended-- (1) in subsection (a) in the matter preceding paragraph (1) by striking ``and (d)'' and inserting ``(d), and (e)''; (2) in subsection (e)-- (A) by redesignating such subsection as subsection (f); and (B) by striking ``or (d)'' and inserting ``(d), or (e)''; and (3) by inserting after subsection (d) the following: ``(e) The United States Court of Appeals for the Social Security Circuit shall have exclusive jurisdiction of an appeal from an interlocutory order or decree described in subsection (a) of this section in any case over which the court would have jurisdiction of an appeal under section 1296 of this title.''. (c) Circuits in Which Decisions Are Reviewable.--Section 1294 of title 28, United States Code, is amended by striking ``and 1295'' and inserting ``1292(e), 1295, and 1296''. (d) General Jurisdiction.--(1) Chapter 83 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1296. Jurisdiction of the United States Court of Appeals for the Social Security Circuit ``The United States Court of Appeals for the Social Security Circuit shall have exclusive jurisdiction of an appeal from a final decision of a district court of the United States, the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands, on a determination of the Secretary of Health and Human Services under title II or XVI of the Social Security Act that is subject to judicial review as provided in section 205(g) of that Act.''. (2) The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by adding at the end the following: ``1296. Jurisdiction of the United States Court of Appeals for the Social Security Circuit.''. (e) Amendment to the Social Security Act.--Section 205(g) of the Social Security Act (42 U.S.C. 405(g)) is amended by striking ``The judgment of the court shall be final except that it shall be subject to judicial review in the same manner as a judgment in other civil actions.'' and inserting ``The judgment of the court shall be final except that it may be appealed to the United States Court of Appeals for the Social Security Circuit under chapter 83 of title 28, United States Code.''. SEC. 4. ADMINISTRATIVE MATTERS. (a) Judicial Discipline.--Section 372(c)(18) of title 28, United States Code, is amended by striking ``and the Court of Appeals for the Federal Circuit'' and inserting ``the Court of Appeals for the Federal Circuit, and the Court of Appeals for the Social Security Circuit''. (b) Official Duty Station.--Section 456(b) of title 28, United States Code, is amended by inserting ``the United States Court of Appeals for the Social Security Circuit,'' after ``Federal Circuit,''. (c) Court Accommodations.--Section 462(d) of title 28, United States Code, is amended by inserting ``, for the United States Court of Appeals for the Social Security Circuit,'' after ``Federal Circuit''. (d) Transmission of Petitions.--(1) Section 520 of title 28, United States Code, is amended-- (A) in subsection (a) by striking ``Claims Court or in the United States Court of Appeals for the Federal Circuit'' and inserting ``Court of Federal Claims, in the United States Court of Appeals for the Federal Circuit, or in the United States Court of Appeals for the Social Security Circuit''; and (B) by amending the section heading to read as follows: ``Sec. 520. Transmission of petitions in United States Court of Federal Claims, in the United States Court of Appeals for the Federal Circuit, or in the United States Court of Appeals for the Social Security Circuit; statement furnished by departments''. (2) The item relating to section 520 in the table of sections at the beginning of chapter 31 of title 28, United States Code, is amended to read as follows: ``520. Transmission of petitions in United States Court of Federal Claims in the United States Court of Appeals for the Federal Circuit, or in the United States Court of Appeals for the Social Security Circuit; statement furnished by departments.''. (e) Budget Estimates.--Section 605 of title 28, United States Code, is amended in the second undesignated paragraph-- (1) by striking ``such court and'' and inserting ``such court,''; and (2) by inserting before the period at the end the following: ``, and the estimate with respect to the United States Court of Appeals for the Social Security Circuit shall be approved by such court''. SEC. 5. OTHER CONFORMING AMENDMENTS. (a) Review of Agency Orders.--Section 2342 of title 28, United States Code, is amended by inserting ``and the United States Court of Appeals for the Social Security Circuit'' after ``Federal Circuit''. (b) Internal Revenue Code.--Section 7482(a)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 7482(a)(1)) is amended by inserting ``and the United States Court of Appeals for the Social Security Circuit'' after ``Federal Circuit''. SEC. 6. EFFECTIVE DATE. (a) In General.--This Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act. (b) Applicability.--The amendments made by this Act shall apply with respect to any appeal of an interlocutory order or of a decision of a district court that is filed on or after the effective date of this Act.

Social Security Court of Appeals Act - Amends the Federal judicial code to provide for the establishment of a United States Court of Appeals for the Social Security Circuit. Grants exclusive jurisdiction to such court over specified interlocutory orders or decrees and over appeals from final decisions of a U.S. district court, or the district courts of Guam, the Virgin Islands, or the Northern Mariana Islands, or determinations of the Secretary of Health and Human Services under titles II or XVI of the Social Security Act that are subject to judicial review. Makes conforming amendments to the Social Security Act and the Internal Revenue Code.

Social Security Court of Appeals Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Fairness for Fishermen Act''. SEC. 2. PAYMENT OF COSTS, FEES, AND EXPENSES INCURRED BY CERTAIN PREVAILING PARTIES. (a) Use of Sums Received as Fines, Penalties, and Forfeitures.-- Section 311(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)) is amended-- (1) by redesignating paragraph (2) as paragraph (3) and moving such paragraph 2 ems to the left, so that the left margin of such paragraph is aligned with the left margin of such section; and (2) by inserting after paragraph (1) the following new paragraph: ``(2)(A) Payment shall be made from the sums described in paragraph (1) in the case of any amount awarded-- ``(i) under section 504 of title 5, United States Code, to a prevailing party other than the United States in an adjudication by the Secretary under section 308 of this Act, notwithstanding any provision to the contrary in such section 504; ``(ii) under section 2412 of title 28, United States Code, to a prevailing party other than the United States-- ``(I) in a civil action for review of action by the Secretary in an adjudication under section 308 of this Act, notwithstanding any provision to the contrary in such section 2412; or ``(II) in a civil forfeiture action under section 310 of this Act, notwithstanding any provision to the contrary in such section 2412; and ``(iii) under subsection (d) of section 309 of this Act to a defendant who is a substantially prevailing party in a criminal action under such section. ``(B) If the sums described in paragraph (1) available to the Secretary or the Secretary of the Treasury on the date of the award of an amount described in subparagraph (A) are not sufficient to pay the full amount awarded, payment shall be made under such subparagraph to the extent of the availability of such sums, and the remainder of the amount shall be paid-- ``(i) in the case of an award described in clause (i), (ii)(I), or (ii)(II) of such subparagraph, as provided under section 504 of title 5 or section 2412 of title 28, United States Code, as the case may be, without regard to this paragraph; or ``(ii) in the case of an award described in clause (iii) of such subparagraph, out of any general appropriation for payment of judgments against the United States.''. (b) Attorney Fees of Substantially Prevailing Criminal Defendants.--Section 309 of such Act (16 U.S.C. 1859) is amended by adding at the end the following new subsection: ``(d) Attorney Fees of Substantially Prevailing Defendants.--A defendant who is a substantially prevailing party in a criminal action under this section may be awarded reasonable attorney fees.''. SEC. 3. CERTAIN USES OF SUMS RECEIVED AS FINES, PENALTIES, AND FORFEITURES NO LONGER AUTHORIZED. (a) In General.--Section 311(e)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1)) is amended-- (1) by striking subparagraph (B); (2) by striking subparagraph (C); and (3) by striking subparagraph (F). (b) Conforming Amendments.--Such section is further amended-- (1) in subparagraph (D)-- (A) by adding ``and'' at the end; and (B) by redesignating such subparagraph as subparagraph (B); and (2) in subparagraph (E)-- (A) by striking ``; and'' and inserting a period; (B) by redesignating such subparagraph as subparagraph (C); and (C) by moving such subparagraph 2 ems to the left, so that the left margin of such subparagraph is aligned with the left margin of subparagraph (B), as redesignated by paragraph (1)(B). SEC. 4. EFFECTIVE DATE. (a) In General.--Except as otherwise provided, the amendments made by this Act take effect on the date of the enactment of this Act. (b) Attorney Fees of Substantially Prevailing Criminal Defendants.-- (1) In general.--The amendment made by section 2(b) applies with respect to criminal actions brought on or after the date of the enactment of this Act. (2) Payment in case of pre-enactment criminal actions brought after establishment of asset forfeiture fund.-- (A) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall establish a process for making payments from the amount set aside under subparagraph (B) of reasonable attorney fees to defendants who are substantially prevailing parties in criminal actions brought under section 309 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1859) during the period beginning on November 28, 1990, and ending on the day before the date of the enactment of this Act. Such process shall-- (i) require application by a defendant seeking such a payment; and (ii) provide for the proration of such payments if the amount so set aside is insufficient to provide for payment of all such fees for all such defendants. (B) Funds set aside.--Not later than 180 days after the date of the enactment of this Act, from the sums described in section 311(e)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1)) that the Secretary of Commerce determines are available, the Secretary shall set aside an amount the Secretary considers fair and appropriate to be used for payments under this paragraph. (c) Certain Uses of Sums Received as Fines, Penalties, and Forfeitures No Longer Authorized.-- (1) Rewards for provision of information.--The amendment made by section 3(a)(1) does not apply to payment of rewards for information that was provided before the date of the enactment of this Act. (2) Investigation and enforcement expenses.--The amendment made by section 3(a)(2) does not apply to payment of expenses incurred before the date of the enactment of this Act. (3) Reimbursement to federal and state agencies.--The amendment made by section 3(a)(3) does not apply to payment of reimbursements under agreements entered into before the date of the enactment of this Act.

Ensuring Fairness for Fishermen Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the payment of costs, fees, and expenses incurred by certain prevailing parties in proceedings under such Act from sums received as fines, penalties, and forfeitures. Directs the Secretary of Commerce to establish a process for paying attorneys' fees to defendants who are substantially prevailing parties in criminal actions brought under such Act during the period beginning on November 28, 1990, and ending on the day before the date of the enactment of this Act.

To amend the Magnuson-Stevens Fishery Conservation and Management Act to require payment of costs, fees, and expenses incurred by certain prevailing parties in proceedings under such Act from sums received as fines, penalties, and forfeitures, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Responsibility for our Economy Act of 2011''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``agency'' means any authority of the United States that is-- (A) an agency as defined under section 3502(1) of title 44, United States Code; and (B) shall include an independent regulatory agency as defined under section 3502(5) of title 44, United States Code; (2) the term ``regulation''-- (A) means an agency statement of general applicability and future effect, which the agency intends to have the force and effect of law, that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency; and (B) shall not include-- (i) regulations issued in accordance with the formal rulemaking provisions of sections 556 and 557 of title 5, United States Code; (ii) regulations that pertain to a military or foreign affairs function of the United States, other than procurement regulations and regulations involving the import or export of non-defense articles and services; or (iii) regulations that are limited to agency organization, management, or personnel matters; (3) the term ``regulatory action'' means any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking; and (4) the term ``significant regulatory action'' means any regulatory action that is likely to result in a regulation that may-- (A) have an annual effect on the economy of $100,000,000 or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (B) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (C) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligation of recipients thereof; (D) add to the national debt; or (E) raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Act. SEC. 3. AGENCY REQUIREMENTS. (a) Federal Regulatory System.--The Federal regulatory system shall-- (1) protect the public health, welfare, safety, and the environment of the United States, especially those promoting economic growth, innovation, competitiveness, and job creation; (2) be based on the best available science and information; (3) allow for public participation and an open exchange of ideas; (4) promote predictability and reduce uncertainty, including adherence to a clearly articulated timeline for the release of regulatory documents at all stages of the regulatory process; (5) identify and use the best, most innovative, and least burdensome tools for achieving regulatory ends; (6) take into account benefits and costs, both quantitative and qualitative; (7) ensure that regulations are accessible, consistent, written in plain language, and easy to understand; and (8) measure, and seek to improve, the actual results of regulatory requirements. (b) Requirements.--Each agency shall-- (1) propose or adopt a regulation only upon a reasoned determination that the benefits of the regulation justify the costs of the regulation to the extent permitted by law; (2) tailor regulations of the agency to impose the least burden on society, consistent with obtaining regulatory objectives, taking into account, among other things, the costs of cumulative regulations; (3) select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits, including potential economic, environmental, public health and safety, and other advantages, distributive impacts, and equity; (4) specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities are required to adopt; (5) identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices can be made by the public; and (6) use the best available techniques to quantify anticipated present and future benefits and costs. SEC. 4. PUBLIC PARTICIPATION. (a) In General.--Regulations shall be-- (1) adopted through a process that involves public participation; and (2) based, to the extent consistent with law, on the open exchange of information and perspectives among State, local, and tribal officials, experts in relevant disciplines, affected stakeholders in the private sector, and the public as a whole. (b) Opportunity To Participate.--Each agency shall-- (1) provide the public with an opportunity to participate in the regulatory process; (2) as authorized by law, afford the public a meaningful opportunity to comment through the Internet on any proposed regulation, with a comment period that shall begin on the date on which the proposed regulation is published in the Federal Register and be not less than 60 days, unless the relevant regulation is designated by the Administrator of the Office of Information and Regulatory Affairs to be an emergency rule; (3) provide, for both proposed and final rules, timely online access to the rulemaking docket on regulations.gov, including relevant scientific and technical findings, in an open format that can be easily searched and downloaded; and (4) for proposed rules, provide access to include, to the extent permitted by law, an opportunity for public comment on all pertinent parts of the rulemaking docket, including relevant scientific and technical findings. (c) Seeking Affected Parties.--Before issuing a notice of proposed rulemaking, each agency shall, where appropriate, seek the views of those who are likely to be affected, including those who are likely to benefit from and those who are potentially subject to such rulemaking. (d) Delay of Implementation.-- (1) In general.--An agency shall delay implementation of an interim final rule until final disposition of a challenge is entered by a court in the United States, if-- (A) the agency excepted the rule from notice and public procedure under section 553(b)(B) of title 5, United States Code; and (B) the agency exception of the rule described under paragraph (1) is challenged in a court in the United States. (2) Length of delay.--If implementation of an interim final rule is delayed under paragraph (1), the delay shall continue until a final disposition of the challenge is entered by the court. SEC. 5. INTEGRATION AND INNOVATION. (a) Findings.--Congress finds that-- (1) some sectors and industries face a significant number of regulatory requirements, some of which may be redundant, inconsistent, or overlapping; and (2) greater coordination across agencies should reduce these requirements, thus reducing costs and simplifying and harmonizing rules. (b) Promotion of Innovation.--In developing regulatory actions and identifying appropriate approaches, each agency shall-- (1) promote coordination, simplification, and harmonization; and (2) identify means to achieve regulatory goals that are designed to promote innovation. SEC. 6. FLEXIBLE APPROACHES. (a) In General.--Each agency shall identify and consider regulatory approaches that reduce burdens, especially economic burdens, and maintain flexibility and freedom of choice for the public. (b) Contents.--The approaches described under subsection (a) shall include warnings, appropriate default rules, disclosure requirements, and the provision of information to the public in a form that is clear and intelligible. SEC. 7. SCIENCE. Each agency shall ensure the objectivity of any scientific and technological information and processes used to support the regulatory actions of the agency. SEC. 8. RETROSPECTIVE ANALYSES OF EXISTING RULES. (a) Retrospective Analyses.-- (1) In general.--To facilitate the periodic review of existing significant regulatory actions, agencies shall consider how best to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal such regulations in accordance with what has been learned. (2) Agreement.--Once every 5 years, each agency may enter into an agreement with a qualified private organization to conduct the retrospective analysis described in paragraph (1) of the agency. (3) Publication online.--Any retrospective analyses conducted under this subsection, including supporting data, shall be published online. (b) Agency Plans.-- (1) Plan.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, each agency shall develop and submit to the appropriate congressional committees a preliminary plan for reviewing significant regulatory actions issued by the agency, consistent with law, under which the agency shall review its existing significant regulatory actions once every 5 years to determine whether such regulations should be modified, streamlined, expanded, or repealed so as to make the regulatory program of the agency more effective or less burdensome in achieving the regulatory objectives. (B) Repeal.--If the plan described in subparagraph (A) includes suggestions for needed repeals a timeline for such repeals shall also be included in the plan. (2) Report.--Upon completion of a review under a plan submitted under paragraph (1), each agency shall submit to the appropriate congressional committees a report that-- (A) describes the outcome of the review, including which regulations were modified, streamlined, expanded, or repealed; (B) describes the reasons for the modifications, streamlining, expansions, or repeals described in subparagraph (A); and (C) in any case where an agency did not take action, describes the reasons why the agency did not take action to modify, streamline, expand, or repeal any significant regulatory actions.

Regulatory Responsibility for our Economy Act of 2011 - Sets forth general requirements for the federal regulatory system, including the protection of public health, welfare, safety, and the environment, the promotion of predictability in the regulatory process, and the consideration of benefits and costs of regulations. Requires federal agencies to: (1) propose or adopt regulations only upon a reasoned determination that the benefits of such regulations justify their costs; (2) tailor regulations to impose the least burden on society and to maximize economic and other benefits; (3) involve the public and parties affected by regulations in the regulatory process; (4) develop regulatory actions that promote innovation, flexibility, and objectivity; and (5) consider methods to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and develop plans for reviewing on a periodic basis significant regulation actions (i.e., those having an annual effect on the economy of $100 million or more or otherwise adversely affecting the economy).

A bill to codify and modify regulatory requirements of Federal agencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hazardous Materials Cooperative Research Act of 2005''. SEC. 2. FINDINGS AND PURPOSES. Congress finds the following: (1) There are more than 1,000,000 shipments per day in the United States of materials identified as hazardous by the United States Department of Transportation. These shipments are estimated to total 2,100,000,000 tons of hazardous cargo per year and to comprise more than 18 percent of the total freight tonnage moved in the United States annually. (2) Hazardous materials are shipped by all transportation modes and it is estimated that there are currently 400,000 large trucks, 115,000 railroad tank cars, and 3,000 tank barges dedicated to the shipment of hazardous materials. (3) More than a dozen Federal agencies have regulatory, enforcement, and operational responsibilities for ensuring the safety and security of hazardous materials shipments. In addition, a variety of State and local agencies have responsibility for developing and enforcing State-level regulations and for responding to incidents involving hazardous materials. (4) Decisions regarding the packaging and routing of hazardous materials shipments, the development and implementation of procedures to ensure both the safety and security of such shipments, and the regulation of hazardous materials shipments are made by industry groups and government entities at a variety of levels and in all modal administrations of the Department of Transportation on a daily basis. (5) The Federal agencies involved in the regulation and oversight of hazardous materials shipments as well as State and local governments, carriers, shippers, and other groups conduct on-going research on the transportation of hazardous materials. However, much of this research is program or mode-specific and as such is focused on addressing only the regulatory, inspection, enforcement, or operational needs of the group undertaking the research. (6) There is a documented need for the establishment of a cooperative research program that will engage all modes and actors, both public and private, involved in the transportation of hazardous materials in conducting cross-cutting assessments of hazardous materials transportation issues that are national and multi-modal in scope and application. SEC. 3. HAZARDOUS MATERIALS COOPERATIVE RESEARCH PROGRAM. (a) In General.--From the amounts made available under section 5127 of title 49, United States Code, the Secretary of Transportation may obligate not to exceed $2,000,000 per fiscal year to develop and administer a hazardous materials cooperative research program. (b) Governance.--The Secretary of Transportation shall establish an independent governing board to select projects and studies to be carried out under the hazardous materials cooperative research program. The Board shall be comprised of one voting representative from the following: (1) The Federal Aviation Administration. (2) The Federal Motor Carrier Administration. (3) The Federal Transit Administration. (4) The Federal Railroad Administration. (5) The Maritime Administration. (6) The Research and Innovative Technology Administration. (7) The Pipeline and Hazardous Materials Safety Administration. (8) The Department of Homeland Security. (9) The Department of Energy. (10) The Environmental Protection Agency. (11) A State department of transportation. (12) A State emergency management agency. (13) A nonprofit organization representing emergency responders. (14) A hazmat employer. (15) A nonprofit organization representing hazmat employees. (16) A hazardous materials shipper. (17) A hazardous materials manufacturer. (18) An organization representing the hazardous materials manufacturing industry. (19) A research university or research institution. (20) Additional representatives as the Secretary considers appropriate. (c) Research Studies.--Under the cooperative research program, the governing board shall select cooperative research studies of hazardous materials transportation that are cross-cutting in nature and that consider issues not adequately addressed by existing Federal or private sector research programs. Priority shall be given to research studies that will yield results immediately applicable to risk analysis and mitigation or that will strengthen the ability of first responders to respond to incidents and accidents involving transportation of hazardous materials. (d) Special Rules Regarding Studies.-- (1) Safety and security.--The purpose of at least one of the studies to be conducted under the cooperative research program shall be-- (A) to provide an assessment of opportunities for integrating and supplementing safety and security measures for hazardous materials transportation; (B) to identify areas where safety and security measures currently utilized in the transportation of hazardous materials conflict or complement one another; (C) to outline a comprehensive approach to hazardous materials transportation that effectively incorporates safety and security procedures; and (D) to produce a model of reasonable State and local risk response and management plans that effectively address safety and security of hazardous materials transportation. (2) Performance data for bulk containers .--The purpose of at least one of the studies to be conducted under the research program shall be to provide-- (A) an analysis of, and recommendations for, the design and funding of a nationwide system capable of collecting and analyzing performance data from bulk containers involved in transportation accidents; and (B) recommendations that can be used to develop conditional release probabilities for various container design specifications (by transport mode). (3) Packaging requirements.-- The purpose of at least one of the studies to be conducted under the research program shall be to provide an analysis of recommendations on appropriate packaging requirements for those hazardous materials that are most frequently involved in release incidents. (4) Routing.--The purpose of at least one of the studies to be conducted under the research program shall be to identify the components that could comprise a model of risk and consequence analysis in rail and highway transportation and that can be used to facilitate decisionmaking regarding the routing of hazardous materials shipments and the development of regulations regarding mandatory routing decisions. (5) Response coverage.--The purpose of at least one of the studies to be conducted under the research program shall be to provide an assessment of the quality of response coverage for hazardous materials incidents, including cost-effective strategies for improving response capabilities and making recommendations on systematic approaches that could be used to allocate government funding to enhance response capability. (6) Response guidelines.--The purpose of at least one of the studies to be conducted under the research program shall be-- (A) to develop a guideline document for use by emergency responders and handlers to guide their response to incidents involving hazardous materials and to define the roles and responsibilities of carriers and shippers in event response; and (B) to detail event response procedures that can be consistently applied across all modes. (e) Implementation.--The Secretary of Transportation shall make grants to, and enter a cooperative agreement with, the National Academy of Sciences to carry out activities under this Act. (f) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the effectiveness of the program in meeting the needs of government and the private sector for cooperative research on hazardous materials transportation. (g) Definitions.--In this Act, the terms ``hazmat employer'' and ``hazmat employee'' have the meaning given those terms in section 5102 of title 49, United States Code.

Hazardous Materials Cooperative Research Act of 2005 - Authorizes the Secretary of Transportation to obligate for each fiscal year certain hazardous materials transportation funds to develop and administer a hazardous materials cooperative research program. Directs the Secretary to establish an independent governing board to select cooperative research projects and studies of hazardous materials transportation to be carried out under the program that will yield results immediately applicable to risk analysis and mitigation or that will strengthen the ability of first responders to respond to accidents involving the transportation of hazardous materials.

To provide for the establishment of a hazardous materials cooperative research program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Terrorism, Anti-Hijacking, and Federal Criminal Investigators' Empowerment Act of 2001''. SEC. 2. AUTHORITY TO RESPOND TO CRIMES OF VIOLENCE AND ACTS OF TERRORISM. (a) In General.--Chapter 203 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3064. Powers of Federal criminal investigators to respond to crimes of violence or acts of terrorism ``(a) A criminal investigator employed by any department or agency of the United States Government is authorized to-- ``(1) carry firearms within the jurisdiction of the United States and the special aircraft jurisdiction of the United States; and ``(2) respond to any crime of violence or act of terrorism within the jurisdiction of the United States, or any violation of Federal law related to the special aircraft jurisdiction of the United States, committed in the presence of the criminal investigator and to take into custody any person or persons committing such crimes of violence, acts of terrorism, or other violations of Federal law on an interim Federal basis, but, as soon as possible, the custody of such person or persons shall be turned over to the appropriate Federal law enforcement agency with jurisdiction. ``(b) The authorities provided for in subsection (a)(2) shall be exercised only in exigent circumstances, or under the direction of the head of any department or agency of the United States Government with jurisdiction. ``(c) Within 60 days of the enactment of this section, the head of any department or agency of the United States Government employing criminal investigators, in consultation with the Director of the Federal Law Enforcement Training Center, or in the case of those agencies within the Department of Justice not trained at the Federal Law Enforcement Center, in consultation with the Director of the Federal Bureau of Investigation, shall ensure that its firearms policy for criminal investigators conforms with standards and regulations established by the Attorney General. ``(d) Within 180 days of the enactment of this section, criminal investigators shall receive specific training in responding to crimes of violence, acts of terrorism, or other crimes committed in the special aircraft jurisdiction of the United States. Such training shall be approved by the Attorney General and administered by the Director of the Federal Law Enforcement Training Center, or in the case of those criminal investigators employed by the Department of Justice, may be administered by the Director of the Federal Bureau of Investigation. ``(e) Upon successful completion of such training as provided for in subsection (d), the Administrator of the Federal Aviation Administration shall issue the criminal investigator a special identification credential. The Administrator may prescribe regulations requiring the criminal investigator to display the special identification credential to authorized security officials before carrying a firearm in the special aircraft jurisdiction of the United States. ``(f) In the absence of exigent circumstances, a criminal investigator shall take no action involving the use or display of a firearm, or other law enforcement action, while an aircraft is in flight unless directed to do by the pilot in command or other authorized crewmember. However, this subsection shall not restrict a criminal investigator from reacting to exigent circumstances aboard an aircraft in flight involving the risk of serious injury or death of passengers or crew, and the hijacking or destruction of the aircraft. ``(g) Not later than 180 days after the date of the enactment of this section, an advisory panel shall provide recommendations to Congress and the Administrator of the Federal Aviation Administration regarding the design, control, production, security and anticounterfeiting features of the special identification credential authorized in subsection (e). The advisory panel shall be chaired by the Comptroller General, or designee, and shall include one representative appointed by the Administrator, Attorney General, Secretary of Defense, Secretary of State, Secretary of Transportation, Secretary of the Treasury, the Director of the Federal Bureau of Investigation, and the Director of the United States Secret Service. The Comptroller General may invite any other Federal, State, or local officials or private individuals to provide information and participate in panel meetings. The panel may provide recommendations in a public document and in a restricted document. ``(h) Nothing in this section may be construed to-- ``(1) limit the law enforcement or investigative authorities a criminal investigator may otherwise exercise under existing law; ``(2) limit the law enforcement or investigative authorities a department or agency of the United States Government may otherwise exercise under existing law; ``(3) grant a criminal investigator authorities not specified in this section; and ``(4) grant a department or agency of the United States Government authorities not specified in this section. ``(i) As used in this section-- ``(1) the term `criminal investigator' means a Federal law enforcement officer, as defined in section 5545a of title 5, who has-- ``(A) demonstrated proficiency in the use of firearms; and ``(B) successfully completed a training program for Federal criminal investigators at the Federal Law Enforcement Training Center, Federal Bureau of Investigation Academy, or equivalent Federal facility approved by the Attorney General; ``(2) the term `crime of violence' has the same meaning as defined in section 16 of this title; ``(3) the term `act of terrorism' has the same meaning as defined in section 3077 of this title; ``(4) the term `aircraft in flight' has the same meaning as defined in section 46501 of title 49; ``(5) the term `exigent circumstances' means those circumstances when a criminal investigator reasonably believes that there is risk of serious injury or death to the criminal investigator or others; ``(6) the term `jurisdiction of the United States' has the same meaning as defined in section 5 of this title; and ``(7) the term `special aircraft jurisdiction of the United States' has the same meaning as defined in section 46501 of title 49.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 203 of title 18, United States Code, is amended by adding at the end the following new item: ``3064. Powers of Federal criminal investigators to respond to crimes of violence or acts of terrorism.''. SEC. 3. LAW ENFORCEMENT AVAILABILITY PAY. Paragraph (1) of section 5545a(1) of title 5, United States Code, is amended to read as follows: ``(1) the term `available' refers to the availability of a criminal investigator and means that a criminal investigator-- ``(A) shall be considered generally and reasonably accessible by the agency employing such investigator to perform unscheduled duty based upon the needs of an agency; and ``(B) shall be available to respond to a crime of violence or act of terrorism in the jurisdiction of the United States, or any violation of Federal law related to the special aircraft jurisdiction of the United States, as defined in section 3064 of title 18.''.

Anti-Terrorism, Anti-Hijacking, and Federal Criminal Investigators' Empowerment Act of 2001 - Amends the Federal criminal code to authorize a criminal investigator employed by any Government agency to: (1) carry firearms within U.S. jurisdiction and the special aircraft jurisdiction of the United States; and (2) respond to any crime of violence or act of terrorism within such jurisdictions committed in the investigator's presence and to take into custody anyone committing such crimes or acts or other Federal violations.Requires: (1) the head of any agency employing criminal investigators to ensure that its firearms policy for investigators conforms with standards and regulations established by the Attorney General; (2) investigators to receive specific training in responding to such crimes or acts; (3) the Administrator of the Federal Aviation Administration to issue an investigator who completes training a special identification credential; and (4) an advisory panel to make recommendations regarding the design, control, production, security, and anti-counterfeiting features of the credential.Prohibits an investigator from taking action involving the use or display of a firearm or other law enforcement action while an aircraft is in flight unless so directed by the pilot or other authorized crew member in the absence of exigent circumstances.Specifies that for purposes of availability pay provisions, criminal investigators shall be available to respond to any such crime or act.

To amend title 18, United States Code, to prevent or mitigate crimes of violence or acts of terrorism by authorizing Federal criminal investigators to carry firearms and respond to such crimes of violence or acts of terrorism committed in their presence and to amend section 5545a of title 5, United States Code, to expand the definition of "available" for those criminal investigators who receive Law Enforcement Availability Pay, to include responding to crimes of violence or acts of terrorism, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowerment Zone Job Creation Act of 1995''. SEC. 2. PURPOSE. The purpose of this Act is to reduce crime and poverty in poor neighborhoods by providing employment opportunities leading to permanent unsubsidized employment for disadvantaged young adults in those neighborhoods. SEC. 3. AUTHORIZATION. The Secretary of Labor (hereafter in this Act referred to as the ``Secretary''), in consultation with other appropriate Federal officials, may provide grants to States for the purpose of establishing and carrying out programs that provide employment opportunities leading to permanent unsubsidized employment for disadvantaged young adults in poor neighborhoods. SEC. 4. APPLICATION. (a) In General.--The Secretary may provide a grant under this Act to a State only if the State submits to the Secretary an application containing-- (1) a plan described in subsection (b); and (2) such other information as the Secretary may reasonably require. (b) Plan.--A plan described in this subsection is a plan that provides for the establishment of a program for reducing crime and poverty by substantially increasing employment levels of young adults in poor neighborhoods. Such plan shall-- (1) describe the private sector, nonprofit, and public sector components of the program, and describe, to the extent practicable, the nature of the employment opportunities that will be generated in the neighborhoods; (2) describe the outcomes that will be used to evaluate the success of the program, including reducing crime and substance abuse and increasing employment for young adults; (3) specify the organization that will administer the program; (4) describe the public/private partnership that will promote collaboration between the State and local governments, local job training, education, employment, and public housing agencies and authorities, local residents, community-based organizations, and nonprofit organizations, and local community policing, gang prevention activities, and juvenile justice or delinquency preventive initiatives; (5) describe how the public and private sectors will work together to assist young adults to make the transition from subsidized to unsubsidized jobs; and (6) describe the extent of the local commitment of resources to the program, including the commitment of substantial resources by the last year of the program. SEC. 5. USE OF AMOUNTS. (a) Establishment of Program.-- (1) In general.--The Secretary may provide a grant under this Act to a State only if the State agrees that it will use all amounts received from such grant to provide for the establishment of a program to saturate neighborhoods located in areas described in paragraph (2) with employment opportunities with for-profit, nonprofit, and public employers that are likely to lead to permanent, unsubsidized employment for young adults who have attained the age of 16 but who have not attained the age of 26. (2) Area described.--An area described in this paragraph is an empowerment zone designated pursuant to part I of subchapter U of chapter 1 of the Internal Revenue Code of 1986. (b) Conduct of Program.--In carrying out the program established under subsection (a), the State shall ensure that the following requirements are met: (1) Provision of wage subsidies to employers.--The organization administering the program shall provide amounts received from a grant under this Act to employers for the purpose of subsidizing the wages of young adults who are employed by the employer under the program. In providing such amounts to employers, the organization administering the program shall-- (A) encourage private sector employers to employ individuals with an emphasis on opportunities that provide advanced or specialized training; (B) require private sector employers, during the course of a participant's subsidized employment, to gradually increase their funding of that participant's wages; (C) encourage, if practicable, the provision of a structured and integrated work and learning experience; (D) encourage assistance to nonprofit employers and public agencies to employ participants in projects designed to address community needs, such as projects to enhance neighborhood infrastructure, to modernize public housing, and to provide other community services; (E) ensure that the duration of all subsidized employment for a participant does not exceed more than 2,080 hours; and (F) require that the subsidized employment provided to any participant who is still enrolled in high school shall not exceed 20 hours per week during the school year. (2) Additional services.--The organization administering the program shall provide additional services (either directly with amounts received from a grant under this Act or through arrangements with other appropriate Federal, State, or local programs) to facilitate the transition of young adults to permanent unsubsidized employment, including counseling, job development and placement, follow-up services, and supportive services. (3) Responsible behavior by participants.--The organization administering the program shall ensure that continued participation in the program by a young adult shall be conditioned on-- (A) avoiding crime, including illegal drug use; (B) regular attendance and satisfactory performance at work; (C) paying child support when paternity has been established and the participant has an income; and (D) in-school young adults remaining in school until graduation. SEC. 6. FEDERAL RESPONSIBILITIES. (a) Performance Measures.--The Secretary shall establish a system of performance measures for assessing programs established from amounts received from grants under this Act. (b) Evaluation.-- (1) In general.--The Secretary shall conduct a rigorous national evaluation of such programs that will track and assess the effectiveness of those programs, and include an evaluation to the extent to which such programs reduced crime and substance abuse and increased employment and earnings. The evaluation may include cost-benefit analyses and shall utilize sound statistical methods and techniques. (2) Report.--Not later than December 31, 2001, the Secretary shall prepare and submit to the Congress a report containing a summary of the evaluation conducted under paragraph (1). (c) Technical Assistance.--The Secretary may provide appropriate technical assistance to States receiving grants under this Act. (d) Funding.--The Secretary may reserve not more than 5 percent of the amount appropriated under this Act for any fiscal year to carry out this section. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $150,000,000 for each of the fiscal years 1996 through 2000.

Empowerment Zone Job Creation Act of 1995 - Authorizes the Secretary of Labor to provide grants to States for programs that provide employment opportunities leading to permanent unsubsidized employment for disadvantaged young adults (aged 16 through 25) in poor neighborhoods (which are located in empowerment zones designated under specified provisions of the Internal Revenue Code). Provides under such programs: (1) wage subsidies for employers, under certain conditions; and (2) additional transitional services for participants. Requires specified types of responsible behavior by participants. Directs the Secretary to: (1) establish a system of performance measures for assessing such programs; and (2) conduct a national evaluation of such programs, and report to the Congress. Authorizes the Secretary to: (1) provide technical assistance to such grant recipient States; and (2) reserve a portion of program funds for such Federal responsibilities. Authorizes appropriations.

Empowerment Zone Job Creation Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Special Inspector General for Hurricane Katrina Recovery Act''. SEC. 2. SPECIAL INSPECTOR GENERAL FOR HURRICANE KATRINA RECOVERY. (a) Purposes.--The purposes of this section are as follows: (1) To provide for the independent and objective conduct and supervision of audits and investigations relating to the Federal programs and Federal operations of Hurricane Katrina recovery. (2) To provide for the independent and objective leadership and coordination of, and recommendations on, policies designed to-- (A) promote economic efficiency and effectiveness in the administration of such programs and operations; and (B) prevent and detect waste, fraud, and abuse in such programs and operations. (3) To provide for an independent and objective means of keeping the Secretary of Homeland Security and all other Federal departments and agencies involved in Hurricane Katrina recovery fully and currently informed about problems and deficiencies relating to the administration of such programs and operations and the necessity for and progress for corrective action. (b) Office of Inspector General.--There is hereby established the Office of the Special Inspector General for Hurricane Katrina Recovery. (c) Appointment of Inspector General; Removal.-- (1) The head of the Office of the Special Inspector General for Hurricane Katrina Recovery is the Special Inspector General for Hurricane Katrina Recovery (in this section referred to as the ``Special Inspector General''), who shall be appointed by the Secretary of Homeland Security, in consultation with the Secretary of Defense. (2) The appointment of Special Inspector General shall be made solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (3) The appointment of an individual as Special Inspector General shall be made not later than 3 days after the date of the enactment of this Act. (4) The Special Inspector General shall be removable from office in accordance with the provisions of section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.). (5) For purposes of section 7324 of title 5, United States Code, the Special Inspector General shall not be considered an employee who determines policies to be pursued by the United States in the nationwide administration of Federal law. (6) The annual rate of basic pay of the Special Inspector General shall be the annual rate of basic pay provided for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (d) Assistant Inspectors General.--The Special Inspector General shall, in accordance with applicable laws and regulations governing the civil service-- (1) appoint an Assistant Special Inspector General for Auditing who shall have the responsibility for supervising the performance of auditing activities relating to Federal programs and operations of Hurricane Katrina recovery; and (2) appoint an Assistant Special Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such programs and operations. (e) Supervision.-- (1) Except as provided in paragraph (2), the Special Inspector General shall report directly to, and be under the general supervision of, the Secretary of Homeland Security and the Secretary of Defense. (2) No officer of the Department of Homeland Security nor any other officer of the Federal Government shall prevent or prohibit the Special Inspector General from initiating, carrying out, or completing any audit or investigation related to Hurricane Katrina recovery activities, or from issuing any subpoena during the course of any audit or investigation. (f) Duties.-- (1) It shall be the duty of the Special Inspector General to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of amounts appropriated or otherwise made available for Hurricane Katrina recovery by the Federal Government, and of the programs, operations, and contracts carried out utilizing such funds, including-- (A) the oversight and accounting of the obligation and expenditure of such funds; (B) the monitoring and review of reconstruction activities funded by such funds; (C) the monitoring and review of contracts funded by such funds; (D) the monitoring and review of the transfer of such funds and associated information between and among departments, agencies, and entities of the United States, and private and nongovernmental entities; and (E) the maintenance of records on the use of such funds to facilitate future audits and investigations of the use of such funds. (2) The Special Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Special Inspector General considers appropriate to discharge the duty under paragraph (1). (3) In addition to the duties specified in paragraphs (1) and (2), the Special Inspector General shall also have the duties and responsibilities of inspectors general under the Inspector General Act of 1978. (4) In carrying out the duties, responsibilities, and authorities of the Special Inspector General under this section, the Special Inspector General shall coordinate with, and receive the cooperation of, the Inspectors General of all other Federal departments and agencies. (5) The Special Inspector General shall, within 10 days after the date of the appointment of the Special Inspector General, complete the following: (A) Open a 24-hour fraud, waste, and abuse hotline. (B) Deploy auditors and investigators to the Gulf of Mexico Region of the United States. (C) Announce a strategic plan for oversight, including audits of no-bid contracts. (D) Go to the Gulf of Mexico Region of the United States media with antifraud message. (E) Liaise with Hurricane Katrina recovery Federal agencies to identify vulnerabilities. (F) Coordinate interagency oversight elements through creation of a task force. (g) Powers and Authorities.-- (1) In carrying out the duties specified in subsection (f), the Special Inspector General shall have the authorities provided in section 6 of the Inspector General Act of 1978, including the authorities under subsection (e) of such section. (2) The Special Inspector General shall carry out the duties specified in subsection (f)(1) in accordance with section 4(b)(1) of the Inspector General Act of 1978. (h) Personnel, Facilities, and Other Resources.-- (1) The Special Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Special Inspector General, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (2) The Special Inspector General may obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS-15 of the General Schedule by section 5332 of such title. (3) To the extent and in such amounts as may be provided in advance by appropriations Acts, the Special Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Special Inspector General. (4)(A) Upon request of the Special Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Special Inspector General, or an authorized designee. (B) Whenever information or assistance requested by the Special Inspector General is, in the judgment of the Special Inspector General, unreasonably refused or not provided, the Special Inspector General shall report the circumstances to the Secretary of Homeland Security or the Secretary of Defense, as appropriate, and to the appropriate committees of Congress without delay. (5) The Secretary of Homeland Security or the Secretary of Defense, as appropriate, shall provide the Special Inspector General with appropriate and adequate office space at the central and field office locations of the Department of Homeland Security, together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices, and shall provide necessary maintenance services for such offices and the equipment and facilities located therein. (i) Reports.-- (1) Not later than 30 days after the end of each fiscal year quarter, beginning with the quarter following the quarter in which the Special Inspector General is appointed, the Special Inspector General shall submit to the appropriate committees of Congress a report summarizing for the period of that quarter and, to the extent possible, the period from the end of such quarter to the time of the submission of the report, the activities of the Special Inspector General and the Hurricane Katrina recovery activities of the Federal Government. Each report shall include, for the period covered by such report, a detailed statement of all obligations, expenditures, and revenues associated with recovery activities for Hurricane Katrina, including the following: (A) Obligations and expenditures of appropriated funds. (B) Accounting of the costs incurred to date for Hurricane Katrina recovery, together with the estimate of the Federal Government's costs to complete each project and each program. (C) Operating expenses of any Federal departments, agencies, or entities receiving appropriated funds for Hurricane Katrina recovery activities. (D) In the case of any contract described in paragraph (2)-- (i) the amount of the contract or other agreement; (ii) a brief discussion of the scope of the contract or other agreement; (iii) a discussion of how the contracting department or agency identified, and solicited offers from, potential contractors to perform the contract, together with a list of the potential contractors that were issued solicitations for the offers; and (iv) the justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition. (2) A contract described in this paragraph is any major contract or other agreement that is entered into by any department or agency of the United States Government that involves the use of amounts appropriated or otherwise made available for Hurricane Katrina recovery with any public or private sector entity for any of the following purposes: (A) To build or rebuild physical infrastructure. (B) To establish or reestablish a political or societal institution. (C) To provide products or services to the people. (3) Not later than 14 days after the appointment of the Special Inspector General, and every 30 days thereafter until the submission of the first quarterly report described in paragraph (1), the Special Inspector General shall submit to the appropriate committees of Congress an interim report summarizing for the period from the date of appointment of the Special Inspector General in the case of the first interim report and from the date of the previous interim report for subsequent interim reports the activities of the Special Inspector General and the Hurricane Katrina recovery activities of the Federal Government. Each interim report shall include but not be limited to the following for the period covered by the interim report: (A) The state of the Office of the Special Inspector General for Hurricane Katrina Recovery. (B) The status of auditors and investigators deployed to the Gulf of Mexico Region of the United States. (C) Strategic plan for oversight, including audits of no bid contracts. (D) Vulnerabilities identified and immediate actions to address them. (E) Measures taken to coordinate interagency oversight elements. (4) Not later than March 31, 2006, and semiannually thereafter, the Special Inspector General shall submit to the appropriate committees of Congress a report meeting the requirements of section 5 of the Inspector General Act of 1978. (5) The Special Inspector General shall publish each report under this subsection on the Internet website of the Secretary of Homeland Security and the Secretary of Defense. (6) Nothing in this subsection shall be construed to authorize the public disclosure of information that is-- (A) specifically prohibited from disclosure by any other provision of law; (B) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or (C) a part of an ongoing criminal investigation. (j) Report Coordination.-- (1) The Special Inspector General shall also submit each report under subsection (i) to the Secretary of Homeland Security and the Secretary of Defense. (2) Not later than 7 days after receipt of a report under paragraph (1), the Secretary of Homeland Security or the Secretary of Defense, respectively, may submit to the appropriate committees of Congress any comments on the matters covered by the report as the Secretary of Homeland Security or the Secretary of Defense, as the case may be, considers appropriate. (k) Transparency.-- (1) Not later than 30 days after the date of the submittal to Congress of a report under subsection (i), the Secretary of Homeland Security and the Secretary of Defense shall jointly make copies of such report available to the public upon request, and at a reasonable cost. (2) Not later than 60 days after the date of the submittal to Congress under subsection (j)(2) of comments on a report under subsection (i), the Secretary of Homeland Security and the Secretary of Defense shall jointly make copies of such comments available to the public upon request, and at a reasonable cost. (l) Waiver.-- (1) The President may waive the requirement under paragraph (1) or (3) of subsection (i) for the inclusion in a report under such paragraph of any element otherwise provided for under such paragraph if the President determines that the waiver is justified for national security reasons. (2) The President shall publish a notice of each waiver made under this subsection in the Federal Register no later than the date on which the reports required under paragraph (1) or (3) of subsection (i) are submitted to Congress. The reports required under paragraph (1) or (3) of subsection (i) shall specify whether waivers under this subsection were made and with respect to which elements. (m) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committees on Appropriations, Armed Services, and Homeland Security and Governmental Affairs of the Senate; and (2) the Committees on Appropriations, Armed Services, Government Reform, and Homeland Security of the House of Representatives. (n) Termination.--The Office of Special Inspector General shall terminate on the date that is 10 months after the date, as determined by the Secretary of Homeland Security and the Secretary of Defense, on which 80 percent of the amounts appropriated or otherwise made available for Hurricane Katrina recovery by the Federal Government have been expended.

Special Inspector General for Hurricane Katrina Recovery Act - Establishes the Office of the Special Inspector General for Hurricane Katrina Recovery. Places at the head of such Office a Special Inspector General for Hurricane Katrina Recovery, who shall be appointed by the Secretary of Homeland Security. Provides for the Special Inspector General to report directly to the Secretaries of Homeland Security and Defense. Requires the Special Inspector General, among other specified duties, to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of amounts made available for Hurricane Katrina recovery by the federal government, and of the programs, operations, and contracts carried out utilizing such funds. Instructs the Special Inspector General, within ten days of being appointed, to: (1) open a 24-hour fraud, waste, and abuse hotline; (2) deploy auditors and investigators to the affected Gulf of Mexico region of the United States; (3) announce a strategic plan for oversight; (4) go to the media of that region with antifraud messages; (5) liaise with Hurricane Katrina recovery federal agencies to identify vulnerabilities; and (6) coordinate interagency oversight elements through the creation of a task force. Requires the Special Inspector General to: (1) submit specified quarterly and interim reports summarizing the activities of the Special Inspector General and the Hurricane Katrina recovery activities of the federal government; and (2) publish such reports on the websites of the Secretaries of Homeland Security and Defense.

To establish an Office of Special Inspector General for Hurricane Katrina Recovery.

SECTION 1. ALEXANDER CREEK VILLAGE RECOGNITION. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``SEC. 43. ALEXANDER CREEK VILLAGE RECOGNITION. ``(a) Recognition of the Village of Alexander Creek.--Subject to the limitations of this section and notwithstanding section 1432(d) of the Alaska National Interest Lands Conservation Act (Public Law 96-487) to the contrary, Alexander Creek, located within Township 15N, Range 7W, Seward Meridian, Alaska, is and shall be recognized as an eligible Native village under section 11(b)(3) of this Act. ``(b) Definitions.--For the purposes of this section, the following terms apply: ``(1) The term `agency' includes-- ``(A) any instrumentality of the United States; ``(B) any element of an agency; and ``(C) any wholly owned or mixed-owned corporation of the United States Government identified in chapter 91 of title 31, United States Code. ``(2) The term `conservation system unit' has the meaning given that term in the Alaska National Interest Lands Conservation Act. ``(3) The term `Alexander Creek' means Alexander Creek Incorporated, an Alaska Native Group corporation, organized pursuant to this Act. ``(4) The term `property' has the meaning given that term in Public Law 94-204 (43 U.S.C. 1611 note). ``(5) The term `Region' means Cook Inlet Region Incorporated, an Alaska Native Regional Corporation, which is the appropriate Regional Corporation for Alexander Creek under section 1613(h) of this Act. ``(6) The term `CIRI Property Account' means the account in the Treasury established by the Secretary of the Treasury pursuant to section 12(b) of Public Law 94-204 (43 U.S.C. 1611 note), referred to in that section as the `Cook Inlet Region, Incorporated property account'. ``(c) Establishment.--(1) The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish an account in the Treasury to be known as the `Alexander Creek account' which shall be funded in the full amount provided for by this section within 24 months of the date of enactment of this section ``(2) Funds in the Alexander Creek account shall-- ``(A) be available to Alexander Creek for bidding on and purchasing property sold at public sale, subject to paragraph (3); and ``(B) remain available until expended. ``(3)(A) Alexander Creek may use funds in the Alexander Creek account to bid as any other bidder for property in Alaska at any public sale by an agency and may purchase such property in accordance with applicable laws and regulations of the agency offering the property for sale. ``(B) In conducting a transaction described in subparagraph (A), an agency shall accept, in the same manner as cash, any amount tendered from the Alexander Creek account. The Secretary of the Treasury shall adjust the balance of the Alexander Creek account to reflect the transaction. ``(C) The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish procedures for the following transactions related to the Alexander Creek account: ``(i) Receipt of deposits. ``(ii) Receipt of deposits into escrow when an escrow is required for the sale of property. ``(iii) Reinstatement to the Alexander Creek account of any unused escrow deposits in the event that a sale of property is not consummated. ``(d) Amount.--(1) The initial balance of the Alexander Creek account shall be the fair market value as determined by the appraisal conducted under subsection (g) of the surface estate of the approximately 61,440 acres of deficiency selections previously made by Alexander Creek, which comprise the following parcels of land: ``T. 2 T., R. 19 W., secs. 3 and 4. ``T. 2 T., R. 19 W., sec. 10. ``T. 2 T., R. 19 W., secs. 14 and 15. ``T. 3 T., R. 19 W., sec. 30. ``T. 2 T., R. 20 W., secs. 20 through 23. ``T. 3 T., R. 20 W., sec. 10. ``T. 3 T., R. 20 W., sec. 14. ``T. 3 T., R. 20 W., secs. 24 and 25. ``T. 1 T., R. 26 W., sec. 31. ``T. 2 T., R. 27 W., secs. 3 and 4. ``T. 2 T., R. 29 W., secs. 3 through 5. ``T. 2 S., R. 19 W., sec. 18. ``T. 2 S., R. 20 W., secs. 12 and 13. ``T. 2 S., R. 20 W., sec. 24. ``T. 2 S., R. 20 W., secs. 26 and 27. ``T. 2 S., R. 20 W., secs. 33 and 34. ``T. 3 S., R. 23 W., sec. 25. ``T. 6 S., R. 24 W., secs. 1 and 2. ``T. 6 S., R. 24 W., sec. 11. ``T. 6 S., R. 24 W., secs. 18 through 20. ``T. 9 S., R. 27 W., secs. 6 and 7. ``T. 7 S., R. 28 W., sec. 2. ``T. 7 S., R. 28 W., sec. 21. ``T. 7 S., R. 28 W., secs. 28 and 29. ``T. 7 S., R. 28 W., secs. 31 through 33. ``T. 8 S., R. 28 W., secs. 5 through 7. ``T. 9 S., R. 28 W., sec. 1. ``T. 9 S., R. 28 W., sec. 12. ``T. 7 S., R. 29 W., sec. 12. ``T. 8 S., R. 29 W., sec. 1. ``T. 8 S., R. 29 W., secs. 3 and 4. ``T. 8 S., R. 29 W., secs. 8 through 20. ``T. 2 N., R. 20 W., sec. 13. ``T. 1 N., R. 27 W., sec. 8. ``T. 1 N., R. 27 W., sec. 16. ``T. 1 N., R. 27 W., secs. 20 through 23. ``T. 1 N., R. 27 W., sec. 25. ``T. 1 N., R. 27 W., sec. 36. ``T. 1 N., R. 28 W., secs. 1 and 2. ``T. 1 N., R. 28 W., secs. 8 through 11. ``T. 1 N., R. 28 W., secs. 16 through 18. ``T. 3 S., R. 23 W., sec. 8. ``T. 3 S., R. 23 W., sec. 26. ``T. 3 S., R. 23 W., sec. 33. ``T. 6 S., R. 24 W., secs. 27 and 28. ``T. 7 S., R. 28 W., secs. 4 through 7. ``T. 7 S., R. 28 W., secs. 10 and 11. ``T. 7 S., R. 28 W., secs. 14 and 15. ``T. 7 S., R. 28 W., sec. 22. ``T. 8 S., R. 29 W., sec. 5. ``T. 2 N., R. 20 W., sec. 30. ``T. 3 N., R. 20 W., sec. 2. ``T. 3 N., R. 20 W., sec. 13. ``T. 4 N., R. 20 W., sec. 33. ``T. 2 N., R. 27 W., secs. 10 through 12. ``T. 11 N., R. 28 W., secs. 16 through 27. ``T. 2 N., R. 30 W., sec. 12. ``T. 1 S., R. 20 W., sec. 4. ``T. 3 S., R. 23 W., sec. 17. ``T. 3 S., R. 23 W., sec. 28. ``T. 6 S., R. 24 W., sec. 14. ``T. 6 S., R. 24 W., sec. 21. ``T. 6 S., R. 24 W., sec. 26. ``T. 5 S., R. 26 W., secs. 29 and 30. ``T. 7 S., R. 28 W., sec. 1. ``T. 7 S., R. 29 W., sec. 1. ``T. 7 S., R. 29 W., sec. 11. ``T. 7 S., R. 29 W., secs. 14 through 16. ``T. 7 S., R. 29 W., secs. 21 and 22. ``T. 2 N., R. 19 W., sec. 7. ``T. 2 N., R. 19 W., sec. 18. ``(2) The balance of the CIRI Property Account shall be increased by an amount equal to the fair market value of the subsurface estate of the approximately 61,440 acres of deficiency selections made by Alexander Creek, as described in paragraph (1): Provided, That the value of such subsurface estate shall not be less than 61,440 multiplied by the acre equivalent value of the Region's entitlement lands under paragraph (2) of the second section of 12(b)(7)(iv) of the Act of January 2, 1976 (Public Law 94-204). The funds added to the CIRI Property Account pursuant to this subsection shall be segregated from all other funds therein by a method to be mutually agreed by CIRI and the Secretary of the Treasury. ``(e) Land Exchange.--The Secretary of the Interior shall enter into negotiations with Alexander Creek, no later than 180 days after the date of the enactment of this Act, to attempt to conclude, under the authority of section 22(f), a land exchange to acquire lands not within any conservation system unit from the State of Alaska or the Matanuska-Susitna Borough under the same procedures set forth in section 22(f) to enable Alexander Creek to obtain additional public lands within Alexander Creek's original withdrawal area in Alaska, as identified by Alexander Creek. The subsurface to lands conveyed to Alexander Creek under subsection (d) shall be conveyed, without consideration, to the Region and shall be treated for all purposes as subsurface land conveyed to the Region under section 14(f). Any land exchange to be undertaken pursuant to this subsection must be approved by Alexander Creek, and must be completed no later than 36 months after the date of the enactment of this Act. ``(f) Adjustment in Account.--If a conveyance of surface estate is made to Alexander Creek pursuant to subsection (e), the Alexander Creek account shall be reduced by the amount of the actual acres conveyed multiplied by the average value per acre of the surface acres appraised under subsection (g). If a conveyance of subsurface estate is made to the Region pursuant to subsection (d), the CIRI Property Account shall be reduced by the amount of the actual acres conveyed multiplied by the average value per acre of the subsurface acres appraised under subsection (g). ``(g) Appraisal.--(1)(A) Subject to subsection (d)(2), the Secretary shall determine the amount to be deposited into the Alexander Creek and CIRI Property accounts by separately appraising, on a reasonable basis, based on all available evidence, the fair market value, as of the date of the enactment of this section, of the surface and subsurface of each section selected as a separate parcel and considering that `public interest' use may be the highest and best use of such parcels. ``(B) Alexander Creek and the Region shall each have the opportunity to present evidence of value to the Secretary solely with respect to the respective estates involved, comprising surface estate for Alexander Creek and subsurface estate for the Region. The Secretary shall provide Alexander Creek and the Region with a preliminary draft of the appraisal. Alexander Creek and the Region shall have a reasonable and sufficient opportunity to comment on the appraisal. ``(2) The Secretary shall forward a certified copy of the appraisal of their separate and respective estates each to Alexander Creek, and the Region. ``(h) Implementation.--(1) Alexander Creek may assign to any person or corporation without restriction any or all of the Alexander Creek account upon written notification to the Secretary of the Treasury and the Secretary of the Interior. In the event that such an assignment is made to the Region, on notice from Alexander Creek to the Secretary of the Treasury and the Secretary of the Interior, and subject to the written consent of the Region in its sole and absolute discretion, the amount of such assignment shall be added to or made a part of the CIRI Property Account, and may be used in the same manner as other funds in that account. ``(2) Except for such lands as Alexander Creek has received prior to enactment of this section, and such lands it is entitled to recover as a Group Corporation, upon completion by the Secretary of the Interior of the appraisal process pursuant to subsection (g), and notification to the Secretary from Alexander Creek that Alexander Creek accepts the results of the appraisal process, Alexander Creek shall be deemed to have accepted the terms of this section in lieu of any other land entitlement it could have received as a village pursuant to this Act, including, without limitation, any lands it would have received pursuant to section 12(b). Such acceptance shall satisfy all claims Alexander Creek had or may have had against the United States on the date of the enactment of this section. ``(3) Any land acquired by Alexander Creek with funds from the Alexander Creek account shall be deemed to be a conveyance pursuant to this Act. ``(i) Treatment of Amounts From the Alexander Creek Account.--The Secretary of the Treasury and the heads of agencies shall administer sales pursuant to this section in the same manner as is provided for any other Native village authorized by law as of the date of the enactment of this section (including the use of similar accounts for bidding on and purchasing property sold for public sale). ``(j) Limitation on Agents' and Attorneys' Fees.--No more than 2.5 percent of payments received by or on behalf of Alexander Creek under this section may be paid to or received by any agent or attorney for services rendered in connection with obtaining such payment, any contract to the contrary notwithstanding. Any person who violates this subsection shall be guilty of a misdemeanor and shall be subject to a fine in the amount provided in title 18, United States Code. ``(k) Shareholder Participation.--Alexander Creek shall notify each member of the Native village recognized under this section that, upon the effective date of this provision, such members shall cease to receive benefits from the Region as at-large shareholders pursuant to section 7(m), and that all future resource payments from the Region shall be made to the Village Corporation pursuant to section 7(j). The Region shall not be liable under any State, Federal or local law, or under State or Federal common law, for damages arising out of or related to the cessation of payments to such individuals under section 7(m) pursuant to this section. ``(l) Statutory Construction.--Nothing in this section shall be construed to-- ``(1) limit, alter, violate, breach, or otherwise affect the rights of any party under a contract, settlement agreement, or land exchange entered into prior to enactment of this section between Alexander Creek and any party, or one or more parties to any contract, settlement, agreement, or land exchange predicated upon Alexander Creek's Native village status under this Act; or ``(2) diminish, reduce, or modify the acreage entitlement to which Alexander Creek became entitled to as a Group Corporation.''.

Amends the Alaska Native Claims Settlement Act (ANCSA) to recognize the village of Alexander Creek, Alaska, as eligible for land and benefits under the Act, notwithstanding specified provisions of the Alaska National Interest Lands Conservation Act. Establishes in the Treasury the Alexander Creek account and makes the account's funds available to Alexander Creek Incorporated for purchasing property sold at public sale. Increases the existing CIRI Property Account's balance by the subsurface value of Alexander Creek's selections. Directs the Secretary of the Interior to negotiate for a land exchange to acquire the surface estate in lands not in any conservation system unit from Alaska or the Mantanuska-Susitna Borough to enable Alexander Creek to obtain additional public lands in Alexander Creek's original withdrawal area in Alaska. Requires the subsurface estate to the lands conveyed to Alexander Creek to be conveyed to CIRI. Deems Alexander Creek, on completion (and acceptance by Alexander Creek) of an appraisal, to have accepted the terms of this Act in lieu of any other land entitlement it could have received as a village under ANCSA. Requires that such acceptance satisfy all claims of Alexander Creek against the United States. Requires Alexander Creek to notify each Alexander Creek member that the members will cease to receive benefits from CIRI as at-large shareholders and that all future resource payments from the Region will be made to the Village Corporation. Relieves CIRI from liability under any state, federal, or local law for damages related to that payment cessation.

To amend the Alaska Native Claims Settlement Act to recognize Alexander Creek as a Native village, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Underserved Adult and Adolescent Immunization Act of 2001''. SEC. 2. FINDINGS. The Congress finds as follows: (1) While the United States achieved record levels of immunization in the 1990s and childhood immunization coverage has dramatically increased, certain problems persist within the national immunization system. The Nation still needs to address persistent disparities in childhood levels of immunization coverage in high-poverty areas. In addition, immunization coverage rates for adults are well below those achieved for childhood immunizations. Thus, there is a vital need to step up our activities to immunize underserved adults and adolescents. (2) Presently, many at-risk adults and adolescents are not getting the vaccines they need, such as influenza, pneumococcal, hepatitis B, chickenpox and mennigitis vaccine. Moreover, adolescents and certain adult subpopulations (minorities, seniors, the uninsured, persons with chronic diseases) have significantly lower coverage. (3) This past season's shortage of influenza vaccine emphasized that the United States has no comprehensive flu vaccination plan. Delays in vaccine production and a haphazard distribution system creates shortages, and drives up vaccine prices. This past season, much of the available vaccine went to programs that immunize mostly lower-risk people (colleges, workplaces, shopping malls), leaving out the elderly and sick, for whom immunization could make the difference between life or death. (4) Vaccine-preventable diseases in adults cause staggering deaths and illnesses. Each year, about 20,000 Americans die due to influenza or influenza-related pneumonia. Over 90 percent of the deaths occur in persons aged 65 years and older. Moreover, pneumonia and influenza together are the fifth leading cause of death among older adults. The Centers for Disease Control and Prevention estimates that the overall cost to society from these vaccine-preventable diseases of adults exceeds $10 billion per year. (5) The problem is exacerbated by the fact that Federal resources for immunizations have decreased over the last five years. This unpredictable funding has created uncertainty in State and local planning efforts. Increasingly, State health departments are facing difficulties in monitoring the effectiveness of immunizations, since the majority of vaccines are delivered in private health care facilities. Thus, long- range data collection, assessment of immunization rates and strategic planning efforts have suffered. SEC. 3. PROGRAM FOR INCREASING IMMUNIZATION RATES FOR ADULTS AND ADOLESCENTS; COLLECTION OF ADDITIONAL IMMUNIZATION DATA. (a) Activities of Centers for Disease Control and Prevention.-- Section 317(j) of the Public Health Service Act (42 U.S.C. 247b(j)) is amended by adding at the end the following paragraphs: ``(3)(A) For the purpose of carrying out activities toward increasing immunization rates for adults and adolescents through the immunization program under this subsection, and for the purpose of carrying out subsection (k)(2), there are authorized to be appropriated $50,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2005. Such authorization is in addition to amounts available under paragraphs (1) and (2) for such purposes. ``(B) In expending amounts appropriated under subparagraph (A), the Secretary shall give priority to adults and adolescents who are medically underserved and are at risk for vaccine-preventable diseases, including as appropriate populations identified through projects under subsection (k)(2)(E). ``(C) The purposes for which amounts appropriated under subparagraph (A) are available include (with respect to immunizations for adults and adolescents) payment of the costs of storing vaccines, outreach activities to inform individuals of the availability of the immunizations, and other program expenses necessary for the establishment or operation of immunization programs carried out or supported by States or other public entities pursuant to this subsection. ``(4) The Secretary shall annually submit to the Congress a report that-- ``(A) evaluates the extent to which the immunization system in the United States has been effective in providing for adequate immunization rates for adults and adolescents, taking into account the applicable year 2010 health objectives established by the Secretary regarding the health status of the people of the United States; and ``(B) describes any issues identified by the Secretary that may affect such rates. ``(5) In carrying out this subsection and paragraphs (1) and (2) of subsection (k), the Secretary shall consider recommendations regarding immunizations that are made in reports issued by the Institute of Medicine.''. (b) Research, Demonstrations, and Education.--Section 317(k) of the Public Health Service Act (42 U.S.C. 247b(k)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following paragraph: ``(2) The Secretary, directly and through grants under paragraph (1), shall provide for a program of research, demonstration projects, and education in accordance with the following: ``(A) The Secretary shall coordinate with public and private entities (including nonprofit private entities), and develop and disseminate guidelines, toward the goal of ensuring that immunizations are routinely offered to adults and adolescents by public and private health care providers. ``(B) The Secretary shall cooperate with public and private entities to obtain information for the annual evaluations required in subsection (j)(4)(A). ``(C) The Secretary shall (relative to fiscal year 2001) increase the extent to which the Secretary collects data on the incidence, prevalence, and circumstances of diseases and adverse events that are experienced by adults and adolescents and may be associated with immunizations, including collecting data in cooperation with commercial laboratories. ``(D) The Secretary shall ensure that the entities with which the Secretary cooperates for purposes of subparagraphs (A) through (C) include managed care organizations, community based organizations that provide health services, and other health care providers. ``(E) The Secretary shall provide for projects to identify racial and ethnic minority groups and other health disparity populations for which immunization rates for adults and adolescents are below such rates for the general population, and to determine the factors underlying such disparities.''.

Underserved Adult and Adolescent Immunization Act of 2001 - Amends the Public Health Service Act to authorize appropriations for FY 2002 through 2005 for project grants for preventive health services. Directs the Secretary of Health and Human Services to give priority to adults and adolescents who are medically underserved and at risk for vaccine-preventable diseases. Specifies that the purposes for which such amounts appropriated are available include (with respect to immunizations for adults and adolescents) payment of the costs of storing vaccines, outreach activities, and other program expenses necessary for the establishment or operation of immunization programs.Directs the Secretary to: (1) coordinate with public and private entities, and develop and disseminate guidelines, to ensure that immunizations are routinely offered to adults and adolescents by public and private health care providers; (2) cooperate with public and private entities to obtain information for required annual evaluations; (3) increase (relative to FY 2001) the extent to which the Secretary collects data on the incidence, prevalence, and circumstances of diseases and adverse events that are experienced by adults and adolescents that may be associated with immunizations; (4) ensure that the entities with which the Secretary cooperates include managed care organizations, community based organizations that provide health services, and other health care providers; and (5) provide for projects to identify racial and ethnic minority groups and other health disparity populations for which immunization rates for adults and adolescents are below such rates for the general population, and to determine the factors underlying such disparities.

To amend the Public Health Service Act to provide for increased funding for the Centers for Disease Control and Prevention to carry out activities toward increasing the number of medically underserved, at-risk adults and adolescents who are immunized against vaccine-preventable diseases, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quadrennial Energy Review Act of 2014''. SEC. 2. FINDINGS. Congress finds that-- (1) the President's Council of Advisors on Science and Technology recommends that the United States develop a Governmentwide Federal energy policy and update the policy regularly with strategic Quadrennial Energy Reviews similar to the reviews conducted by the Department of Defense; (2) as the lead agency in support of energy science and technology innovation, the Department of Energy has conducted a Quadrennial Technology Review of the energy technology policies and programs of the Department; (3) the Quadrennial Technology Review of the Department of Energy serves as the basis for coordination with other agencies and on other programs for which the Department has a key role; (4) a Quadrennial Energy Review would-- (A) establish integrated, Governmentwide national energy objectives in the context of economic, environmental, and security priorities; (B) coordinate actions across Federal agencies; (C) identify the resources needed for the invention, adoption, and diffusion of energy technologies; and (D) provide a strong analytical base for Federal energy policy decisions; (5) a Quadrennial Energy Review should be established taking into account estimated Federal budgetary resources; (6) the development of an energy policy resulting from a Quadrennial Energy Review would-- (A) enhance the energy security of the United States; (B) create jobs; and (C) mitigate environmental harm; and (7) while a Quadrennial Energy Review will be a product of the executive branch, the review will have substantial input from-- (A) Congress; (B) the energy industry; (C) academia; (D) nongovernmental organizations; and (E) the public. SEC. 3. QUADRENNIAL ENERGY REVIEW. (a) In General.--Section 801 of the Department of Energy Organization Act (42 U.S.C. 7321) is amended to read as follows: ``SEC. 801. QUADRENNIAL ENERGY REVIEW. ``(a) Definitions.--In this section: ``(1) Director.--The term `Director' means the Director of the Office of Science and Technology Policy within the Executive Office of the President. ``(2) Federal laboratory.-- ``(A) In general.--The term `Federal Laboratory' has the meaning given the term `laboratory' in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)). ``(B) Inclusion.--The term `Federal Laboratory' includes a federally funded research and development center sponsored by a Federal agency. ``(3) Interagency energy coordination council.--The term `interagency energy coordination council' means a council established under subsection (b)(1). ``(4) Quadrennial energy review.--The term `Quadrennial Energy Review' means a comprehensive multiyear review, coordinated across Federal agencies, that-- ``(A) focuses on energy programs and technologies; ``(B) establishes energy objectives across the Federal Government; and ``(C) covers each of the areas described in subsection (d)(2). ``(b) Interagency Energy Coordination Council.-- ``(1) Establishment.--Not later than 90 days after the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2013, and every 4 years thereafter, the President shall establish an interagency energy coordination council to coordinate the Quadrennial Energy Review. ``(2) Co-chairpersons.--The appropriate senior Federal Government official designated by the President and the Director shall be co-chairpersons of the interagency energy coordination council. ``(3) Membership.--The interagency energy coordination council shall be comprised of representatives at level I or II of the Executive Schedule of-- ``(A) the Department of Energy; ``(B) the Department of Commerce; ``(C) the Department of Defense; ``(D) the Department of State; ``(E) the Department of the Interior; ``(F) the Department of Agriculture; ``(G) the Department of the Treasury; ``(H) the Department of Transportation; ``(I) the Office of Management and Budget; ``(J) the National Science Foundation; ``(K) the Environmental Protection Agency; and ``(L) such other Federal organizations, departments, and agencies that the President considers to be appropriate. ``(c) Conduct of Review.--Each Quadrennial Energy Review shall be conducted to provide an integrated view of important national energy objectives and Federal energy policy, including the maximum practicable alignment of research programs, incentives, regulations, and partnerships. ``(d) Submission of Quadrennial Energy Review to Congress.-- ``(1) In general.--Not later than August 1, 2015, and every 4 years thereafter, the President shall publish and submit to Congress a report on the Quadrennial Energy Review. ``(2) Inclusions.--The report described in paragraph (1) should include, as appropriate-- ``(A) an integrated view of short-, intermediate-, and long-term objectives for Federal energy policy in the context of economic, environmental, and security priorities; ``(B) anticipated Federal actions (including programmatic, regulatory, and fiscal actions) and resource requirements-- ``(i) to achieve the objectives described in subparagraph (A); and ``(ii) to be coordinated across multiple agencies; ``(C) an analysis of the prospective roles of parties (including academia, industry, consumers, the public, and Federal agencies) in achieving the objectives described in subparagraph (A), including-- ``(i) an analysis, by energy use sector, including-- ``(I) commercial and residential buildings; ``(II) the industrial sector; ``(III) transportation; and ``(IV) electric power; ``(ii) requirements for invention, adoption, development, and diffusion of energy technologies that are mapped onto each of the energy use sectors; and ``(iii) other research that inform strategies to incentivize desired actions; ``(D) an assessment of policy options to increase domestic energy supplies and energy efficiency; ``(E) an evaluation of energy storage, transmission, and distribution requirements, including requirements for renewable energy; ``(F) an integrated plan for the involvement of the Federal Laboratories in energy programs; ``(G) portfolio assessments that describe the optimal deployment of resources, including prioritizing financial resources for energy programs; ``(H) a mapping of the linkages among basic research and applied programs, demonstration programs, and other innovation mechanisms across the Federal agencies; ``(I) an identification of, and projections for, demonstration projects, including timeframes, milestones, sources of funding, and management; ``(J) an identification of public and private funding needs for various energy technologies, systems, and infrastructure, including consideration of public- private partnerships, loans, and loan guarantees; ``(K) an assessment of global competitors and an identification of programs that can be enhanced with international cooperation; ``(L) an identification of policy gaps that need to be filled to accelerate the adoption and diffusion of energy technologies, including consideration of-- ``(i) Federal tax policies; and ``(ii) the role of Federal agencies as early adopters and purchasers of new energy technologies; ``(M) a priority list for implementation of objectives and actions taking into account estimated Federal budgetary resources; ``(N) an analysis of-- ``(i) points of maximum leverage for policy intervention to achieve outcomes; and ``(ii) areas of energy policy that can be most effective in meeting national goals for the energy sector; and ``(O) recommendations for executive branch organization changes to facilitate the development and implementation of Federal energy policies. ``(e) Interim Reports.--The President may prepare and publish interim reports as part of the Quadrennial Energy Review. ``(f) Executive Secretariat.-- ``(1) In general.--The Secretary of Energy shall provide the Quadrennial Energy Review with an Executive Secretariat who shall make available the necessary analytical, financial, and administrative support for the conduct of each Quadrennial Energy Review required under this section. ``(2) Cooperation.--The heads of applicable Federal agencies shall cooperate with the Secretary and provide such assistance, information, and resources as the Secretary may require to assist in carrying out this section.''. (b) Administration.--Nothing in this Act or an amendment made by this Act supersedes, modifies, amends, or repeals any provision of Federal law not expressly superseded, modified, amended, or repealed by this Act.

Quadrennial Energy Review Act of 2014 - Amends the Department of Energy Organization Act to direct the President to establish an interagency energy coordination council to coordinate the Quadrennial Energy Review to provide an integrated view of national energy objectives and federal energy policy, including maximum practicable alignment of research programs, incentives, regulations, and partnerships. Requires the President to report to Congress on the Quadrennial Energy Review, including an integrated view of short-, intermediate-, and long-term objectives for federal energy policy in the context of economic, environmental, and security priorities. Authorizes the President to prepare and publish interim reports as part of the Quadrennial Energy Review. Directs the Secretary of Energy to provide the Quadrennial Energy Review with an Executive Secretariat who shall make available the necessary analytical, financial, and administrative support for the conduct of each Quadrennial Energy Review.

Quadrennial Energy Review Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Auto Industry Emergency Bridge Loan Act''. SEC. 2. DEFINITIONS. In this Act: (1) Automobile manufacturer or component supplier.--The term ``automobile manufacturer or component supplier'' means an automobile manufacturer or component supplier or any successor thereto. (2) Golden parachute payment.--The term ``golden parachute payment'' means any payment to a senior executive officer for departure from a company for any reason. (3) Financial viability.--The term ``financial viability'' means, using generally acceptable accounting principles, that there is a reasonable prospect that the applicant will be able to make payments of principal and interest on the loan as and when such payments become due under the terms of the loan documents, and that the applicant has a net present value that is positive. (4) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (5) Senior executive officer.--The term ``senior executive officer'' means an individual who is one of the top five most highly paid executives of a public company, whose compensation is required to be disclosed pursuant to the Securities Exchange Act of 1934, and any regulations issued thereunder, and nonpublic company counterparts. SEC. 3. AUTO INDUSTRY EMERGENCY BRIDGE LOAN PROGRAM. On or before March 31, 2009, the Secretary shall make loans from funds provided under this section to automobile manufacturers or component suppliers that have-- (1) operations in the United States, the failure of which would have a systemic adverse effect on the overall United States economy or a significant loss of United States jobs, as determined by the Secretary; (2) operated a manufacturing facility for the purposes of producing automobiles or automobile components in the United States throughout the 20-year period ending on the date of the enactment of this Act; and (3) submitted a complete application for a loan under this section pursuant to section 4(a), which has been determined eligible under section 4(b). SEC. 4. PLAN TO ENSURE FINANCIAL VIABILITY OF BORROWER. (a) In General.--At the time of application for a loan under this Act, an automobile manufacturer or component supplier shall submit to the Secretary a detailed plan that describes how the requested Government funds-- (1) would be utilized to ensure the financial viability of the manufacturer or supplier; (2) would stimulate automobile production in the United States; and (3) would improve the capacity of the manufacturer or supplier to pursue the timely and aggressive production of energy-efficient advanced technology vehicles. (b) Plan Contents.--A plan submitted under this section shall detail cost control measures and performance goals and milestones. SEC. 5. APPLICATIONS, ELIGIBILITY AND DISBURSEMENTS. (a) Applications.--On and after the date that is 3 days after the date of the enactment of this Act, the Secretary shall accept applications for loans under this Act. (b) Determination of Eligibility.--Not later than 15 days after the date on which the Secretary receives a complete application for a loan under subsection (a), the Secretary shall, after consultation with other Executive Branch officials, determine whether-- (1) the applicant meets the requirements described in sections 3 and 4; (2) the disbursement of funds and the successful implementation of the required plan would ensure the financial viability of the applicant; and (3) the applicant is therefore eligible to receive a loan under this Act. (c) Disbursement.--The Secretary shall begin disbursement of the proceeds of a loan under this Act to an eligible applicant not later than 7 days after the date on which the Secretary receives a disbursal request from the applicant. (d) Warrants and Debt Instruments.--The Secretary may not make a loan under this Act unless the Secretary receives from the automobile manufacturer or component supplier a warrant or senior debt instrument from the manufacturer made in accordance with the requirements for a warrant or senior debt instrument by a financial institution under section 113(d) of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343). SEC. 6. REPLENISHMENT OF ADVANCED TECHNOLOGY VEHICLE MANUFACTURING INCENTIVE PROGRAM. (a) Equity Sales.-- (1) Sales authorized.--The Secretary may sell, exercise, or surrender any equity instrument received under this Act. (2) Turnaround profits to restore advanced vehicles manufacturing incentive program.--Proceeds received from a sale, exercise, or surrender under paragraph (1) may be credited to the appropriate Government financing account made available to fulfill the advanced technology vehicle manufacturing incentive purpose under section 136 of the Energy Independence and Security Act of 2007 (Public Law 110-140; 42 U.S.C. 17013) until the amount loaned under this Act has been repaid. (3) Reduction of public debt.--Proceeds received from a sale, exercise, or surrender under paragraph (1) that takes place after the amount loaned under this Act has been repaid in accordance with paragraph (2) may be used to reduce the public debt. (b) Repaid Loan Funds.-- (1) In general.--Loan amounts repaid under this Act may be credited to the appropriate Government financing account made available to fulfill the advanced technology vehicle manufacturing incentive purpose of section 136 of the Energy Independence and Security Act of 2007 until the amount loaned under this Act is repaid. (2) Reduction of public debt.--Loan amounts repaid under this Act after the amount loaned under this Act has been repaid may be used to reduce the public debt. SEC. 7. LIMITS ON EXECUTIVE COMPENSATION. (a) Standards Required.--The Secretary shall require any recipient of a loan under this Act to meet appropriate standards for executive compensation and corporate governance. (b) Specific Requirements.--The standards established under subsection (a) shall include the following: (1) Limits on compensation that exclude incentives for senior executive officers of a recipient of a loan under this Act to take unnecessary and excessive risks that threaten the value of such recipient during the period that the loan is outstanding. (2) A provision for the recovery by such recipient of any bonus or incentive compensation paid to a senior executive officer based on statements of earnings, gains, or other criteria that are later found to be materially inaccurate. (3) A prohibition on such recipient making any golden parachute payment to a senior executive officer during the period that the loan under this Act is outstanding. (4) A prohibition on such recipient paying or accruing any bonus or incentive compensation during the period that the loan under this Act is outstanding to any executive whose annual base compensation exceeds $250,000 (which amount shall be adjusted by the Secretary for inflation). (5) A prohibition on any compensation plan that could encourage manipulation of the reported earnings of the recipient to enhance compensation of any of its employees. SEC. 8. PROHIBITION ON THE USE OF LOAN PROCEEDS FOR LOBBYING ACTIVITIES. (a) In General.--A recipient of a loan under this Act may not use such funds for any lobbying expenditures or political contributions. (b) Definitions.--In this section: (1) Lobbying expenditures.--The term ``lobbying expenditures'' has the meaning given the term in section 4911(c)(1) of the Internal Revenue Code of 1986. (2) Political contributions.--The term ``political contribution'' means any contribution on behalf of a political candidate or to a separate segregated fund described in section 316(b)(2)(C) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)(C)). SEC. 9. PROHIBITION ON PAYMENT OF DIVIDENDS. No common stock dividends may be paid by any recipient of a loan under this Act for the duration of the loan. SEC. 10. AUTO INDUSTRY EMERGENCY BRIDGE LOAN OVERSIGHT BOARD. (a) Establishment.--There is established the Auto Industry Emergency Bridge Loan Oversight Board (in this section referred to as the ``Board''), which shall be responsible for reviewing and providing advice concerning the exercise of authority under this Act, including-- (1) the progress of the applicant in meeting the performance goals and milestones under its financial viability plan required under section 4; (2) recommending changes, as necessary and appropriate, to the Secretary in meeting the goals and milestones under the financial viability plan, and senior management and board of directors to the automobile manufacturers and component suppliers assisted under this Act; and (3) reporting any suspected fraud, misrepresentation, or malfeasance to the Inspector General of the Department of Commerce or the Attorney General of the United States, consistent with section 535(b) of title 28, United States Code. (b) Membership.--The Board shall be comprised of-- (1) the Secretary of Commerce; (2) the Secretary of Energy; (3) the Secretary of Transportation; (4) the Secretary of the Treasury; (5) the Secretary of Labor; and (6) the Administrator of the Environmental Protection Agency. (c) Chairperson.--The chairperson of the Board shall be the Secretary of Commerce. (d) Meetings.--The Board shall meet-- (1) not later than 14 days after the first disbursement of funds provided under this Act; and (2) not less frequently than monthly thereafter. (e) Reports.--The Board shall report to the appropriate committees of Congress, not less frequently than quarterly, on the matters described under this section. (f) Oversight of Transactions and Financial Condition.-- (1) Duty to inform.--During the period in which any loan extended under this Act remains outstanding, the recipient of such loan shall promptly inform the Secretary and the Board of-- (A) any asset sale, investment, or commitment for any asset sale or investment proposed to be entered into by such recipient that has a value in excess of $25,000,000; and (B) any other material change in the financial condition of such recipient. (2) Authority of the secretary.--During the period in which any loan extended under this Act remains outstanding, the Secretary, in consultation with the Board, may-- (A) promptly review any asset sale or investment described in paragraph (1) or any commitment for such asset sale or investment; and (B) direct the recipient of the loan that it should not consummate such proposed sale or investment or commitment for such sale or investment. (3) Regulations.--The Board may establish, by regulation, procedures for conducting any review under this subsection. (g) Termination.--The Board, and its authority under this section, shall terminate not later than 6 months after the date on which the last loan amounts under this section are repaid. SEC. 11. PRIORITIZATION OF LOAN ALLOCATIONS. In allocating loan amounts under this Act, the Secretary shall consider the magnitude of the impact of the manufacturing operations of the applicant in the United States on the overall economy of the United States and other segments of the automobile industry, including the impact on levels of employment, domestic manufacturing of automobiles and automobile components, and automobile dealerships. SEC. 12. RATE OF INTEREST. The annual rate of interest for a loan under this Act shall be-- (a) 5 percent during the 5-year period beginning on the date on which the Secretary disburses the loan; and (b) 9 percent after the end of the period described in paragraph (1). SEC. 13. NO PREPAYMENT PENALTY. A loan made under this Act shall be prepayable without penalty at any time. SEC. 14. DISCHARGE. A discharge under title 11, United States Code, shall not discharge the borrower from any debt for funds authorized to be disbursed under this Act. SEC. 15. FEES. (a) In General.--The Secretary may charge and collect fees for disbursements under this Act in amounts that the Secretary determines are sufficient to cover applicable administrative expenses. (b) Availability.--Fees collected under this section-- (1) shall be deposited by the Secretary into the Treasury of the United States; (2) shall be used by the Secretary to pay administrative expenses of making awards and loans under this Act; and (3) shall remain available until expended, without further appropriation. SEC. 16. JUDICIAL REVIEW AND RELATED MATTERS. (a) Standards.--Actions by the Secretary pursuant to the authority of this Act shall be subject to chapter 7 of title 5, United States Code, including that such final actions shall be held unlawful and set aside if found to be arbitrary, capricious, an abuse of discretion, or not in accordance with law. (b) Limitations on Equitable Relief.-- (1) Injunction.--No injunction or other form of equitable relief shall be issued against the Secretary for actions pursuant to this Act, other than to remedy a violation of the Constitution. (2) Temporary restraining order.--Any request for a temporary restraining order against the Secretary for actions pursuant to this Act shall be considered and granted or denied by the court within 3 days of the date of the request. (3) Preliminary injunction.--Any request for a preliminary injunction against the Secretary for actions pursuant to this Act shall be considered and granted or denied by the court on an expedited basis consistent with the provisions of rule 65(b)(3) of the Federal Rules of Civil Procedure, or any successor to such rule. (4) Permanent injunction.--Any request for a permanent injunction against the Secretary for actions pursuant to this Act shall be considered and granted or denied by the court on an expedited basis. Whenever possible, the court shall consolidate trial on the merits with any hearing on a request for a preliminary injunction, consistent with the provisions of rule 65(a)(2) of the Federal Rules of Civil Procedure, or any successor to such rule. (5) Limitation on actions by participating companies.--No action or claims may be brought against the Secretary by any person that divests its assets with respect to its participation in a program under this Act, except as provided in paragraph (1), other than as expressly provided in a written contract with the Secretary. (6) Stays.--Any injunction or other form of equitable relief issued against the Secretary for actions pursuant to this Act shall be automatically stayed. The stay shall be lifted, unless the Secretary seeks a stay from a higher court within 3 calendar days after the date on which the relief is issued. (c) Savings Clause.--Any exercise of the authority of the Secretary pursuant to this section shall not impair the claims or defenses that would otherwise apply with respect to persons other than the Secretary. SEC. 17. FUNDING. (a) In General.--The $7,500,000,000 appropriated for fiscal year 2009 for direct loans under section 129 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (division A of Public Law 110-329) is rescinded. (b) Appropriations.--There is appropriated to the Secretary of Commerce $7,500,000,000 to the ``Department of Commerce--Emergency Bridge Loan Program Account'' for the cost of direct loans authorized under this Act, which shall remain available until expended. Commitments for direct loans using such amount shall not exceed $25,000,000,000 in total loan principal. The cost of such direct loans, including the cost of modifying such loans, shall be calculated in accordance with section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a). (c) Transfers for Direct Loans.--Following the receipt of a notice from the Secretary of Energy certifying the approval of a loan under the program authorized under section 136 of the Energy Independence and Security Act of 2007 (Public Law 110-140; 42 U.S.C. 17013), the Secretary may transfer amounts made available under this Act to the Secretary of Energy, in an amount sufficient for the cost of the direct loans if such transfer would not cause the Secretary to exceed the total appropriation and total commitment level authorized under subsection (b). Any amounts so transferred shall be available to the Secretary of Energy without fiscal year limitation and subject to the terms and conditions described in section 129 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009. (d) Use of Remaining Amounts.--Amounts appropriated under subsection (b) which remain available after March 31, 2009, shall be transferred to the Secretary of Energy and shall be used to carry out section 136 of the Energy Independence and Security Act of 2007, subject to the terms and conditions described in section 129 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009. SEC. 18. COORDINATION WITH OTHER LAWS REGARDING PROMOTION OF ADVANCED TECHNOLOGY VEHICLE MANUFACTURING. Nothing in the Act may be construed as altering, affecting, or superseding the provisions of section 136 of the Energy Independence and Security Act of 2007, relating to the technology requirements for energy efficient vehicles.

Auto Industry Emergency Bridge Loan Act - Directs the Secretary of Commerce to make loans to automobile manufacturers or component suppliers that have: (1) operations in the United States, the failure of which would have a systemic adverse effect on the overall U.S. economy or a significant loss of U.S. jobs, as determined by the Secretary; and (2) operated a manufacturing facility for the purpose of producing automobiles or automobile components in the U.S. throughout the 20-year period ending on the date of enactment of this Act. Requires any automobile manufacturer or component supplier applying for such a loan to submit to the Secretary a detailed plan describing how the requested government funds would: (1) be utilized to ensure the the manufacturer's or supplier's financial viability; (2) stimulate U.S. automobile production; and (3) improve the manufacturer's or supplier's capacity to pursue the timely and aggressive production of energy-efficient advanced technology vehicles. Authorizes the Secretary to sell, exercise, or surrender any equity instrument received under this Act. Allows proceeds received from a sale, exercise, or surrender to be credited to the appropriate Government financing account made available to fulfill the advanced technology vehicle manufacturing incentive purpose under the Energy Independence and Security Act of 2007 until the amount loaned under this Act has been repaid. Directs the Secretary to require any loan recipient to meet appropriate standards for executive compensation and corporate governance. Prohibits a loan recipient from using loan funds for any lobbying expenditures or political contributions. Prohibits the payment of common stock dividends by any loan recipient for the duration of the loan. Establishes the Auto Industry Emergency Bridge Loan Oversight Board to review and provide advice concerning the exercise of the authority under this Act. Requires the Secretary, in allocating loan amounts under this Act, to consider the magnitude of the impact of the loan applicant's manufacturing operations in the United States on the overall U.S. economy and other segments of the automobile industry, including levels of employment, domestic manufacturing of automobiles and automobile components, and automobile dealerships. Rescinds the $7.5 billion appropriation for the Advanced Technology Vehicles Manufacturing Loan Program Account for the cost of direct loans as authorized by the Energy Independence and Security Act of 2007. Appropriates the same amount for the cost of direct loans under this Act. Limits commitments for direct loans using such amount to $25 billion in total loan principal.

A bill to provide for emergency bridge loan assistance to automobile manufacturers and component suppliers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Pest Detection and Surveillance Improvement Act''. SEC. 2. SUPPORT FOR COMMODITY INSPECTION EFFORTS TO PREVENT INTRODUCTION OR SPREAD OF PESTS. (a) Definitions.--In this section: (1) Department of agriculture.--The term ``department of agriculture'' means an agency of a State or political subdivision of a State that has a legal responsibility to perform early pest detection and surveillance activities. (2) Early pest detection and surveillance.--The term ``early pest detection and surveillance'' means the full range of activities undertaken to find newly introduced pests, whether new to the United States or new to certain areas of the United States, before the pests become established, or before pest infestations become too large and costly to eradicate or control. (3) Pest.--The term ``pest'' has the meaning given the term ``plant pest'' in section 403(14) of the Plant Protection Act (7 U.S.C. 7702(14)). (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) State.--The term ``State'' means-- (A) each of the several States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the Federated States of Micronesia; (H) the Republic of the Marshall Islands; (I) the Republic of Palau; and (J) the United States Virgin Islands. (b) Cooperative Agreements Authorized.--Subject to the availability of appropriated funds to carry out this section, the Secretary of Agriculture may enter into a cooperative agreement with a department of agriculture for the purpose of assisting early pest detection and surveillance efforts by the department of agriculture through an array of methods, including survey, pest trapping, sampling or surveillance of domestic shipments, specimen collection, and modeling and mapping of pest populations. (c) Application.--A department of agriculture seeking to enter into a cooperative agreement under this section shall submit an application to the Secretary containing such information as the Secretary may require. The Secretary shall notify applicants of the following: (1) The requirements to be imposed on a department of agriculture for auditing of, and reporting on, the use of any funds provided by the Secretary under the cooperative agreement. (2) The criteria to be used to ensure that early pest detection and surveillance activities supported under the cooperative agreement are based on knowledge, experience, and capabilities. (3) The means of identifying pathways of pest introductions. (4) The methods to be used to determine the level of support for proposed early pest detection and surveillance activities by private and public interests adversely affected by pests. (d) Consultation.--The Secretary will consult with the National Plant Board and the National Association of State Departments of Agriculture in carrying out this section. (e) Special Considerations.--In determining whether to enter into a cooperative agreement with a department of agriculture under this section, and the amount of any funds to be provided under the agreement, the Secretary shall consider the following factors: (1) The potential economic risk to the people, plants, livestock, property, economy, and environment of the State due to the introduction of a pest. (2) The likelihood that the early pest detection and surveillance activity to be supported will prevent the introduction of a pest or facilitate the eradication of a pest. (3) The extent to which the funds provided under the agreement will be used to leverage non-Federal funds. (4) The extent to which departments of agriculture in the State are conducting early pest detection and surveillance activities to prevent the introduction of pests or facilitate the eradication of a pest. (5) The extent to which the early pest detection and surveillance activity would provide a comprehensive approach that would compliment Federal exclusion activities. (6) Such other factors as the Secretary determines to be appropriate. (f) Use of Funds.--A department of agriculture that receives funds under this section shall use the funds to carry out early pest detection and surveillance activities to prevent the introduction of a pest or facilitate the eradication of a pest. These funds are intended to augment the funds otherwise available to a department of agriculture to perform early pest detection and surveillance activities, and not to replace such funds. (g) Cost-Sharing Requirements.-- (1) Federal cost share.--Except as provided in paragraph (3), the Federal share of the cost of carrying out an authorized early pest detection and surveillance activity under this section shall not exceed 50 percent. (2) Form of non-federal cost share.--The non-Federal share of the cost of carrying out an authorized early pest detection and surveillance activity may be provided in cash or in kind. (3) Exception.--Paragraph (1) shall not apply to a early pest detection and surveillance activity in any case which-- (A) the Secretary establishes criteria that would apply in any situation in which, with respect to an early pest detection and surveillance activity, a Federal share of greater than 50 percent is necessary to meet the needs of an underserved area or to address a critical need that cannot be addressed by other means; and (B) the activity meets those criteria, as determined by the Secretary. (h) Reporting Requirement.--Not later than 180 days after the date of completion of an early pest detection and surveillance activity conducted by a department of agriculture using funds provided under this section, the department of agriculture shall submit to the Secretary a report that describes the purposes and results of the activities. (i) Relationship to Other Programs.--Funds made available under this section are intended to supplement, and not replace, assistance made available to departments of agriculture under other laws to support early pest detection and surveillance activities. (j) No Effect on PILT Payments.--The receipt of a funds by any department of agriculture of a State under this section shall have no effect on the amount of any payment received by the State under chapter 69 of title 31, United States Code. (k) Authorization of Appropriations.-- There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2006 through 2010 to carry out this section. Not more than five percent of the funds made available for a fiscal year may be used by the Secretary for administrative costs.

Early Pest Detection and Surveillance Improvement Act - Authorizes the Secretary of Agriculture to enter into a cooperative agreement with any state department of agriculture for assisting early pest (plant pest) detection and surveillance efforts by such department through an array of methods, including survey, pest trapping, sampling or surveillance of domestic shipments, specimen collection, and modeling and mapping of pest populations. Requires the Secretary, in determining whether to enter into such an agreement, to consider specified factors, including: (1) the potential economic risk to the state's people, plants, livestock, property, economy, and environment due to the introduction of a pest; and (2) the likelihood that the early pest detection and surveillance activity will prevent the introduction or facilitate the eradication of a pest.

To authorize the Secretary of Agriculture to enter into cooperative agreements with State and local governments to augment their efforts to conduct early detection and surveillance to prevent the establishment or spread of plant pests that endanger agriculture, the environment, and the economy of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Racial Justice Act of 1993''. SEC. 2. PROHIBITION OF DEATH PENALTY IN DISPROPORTIONATE PATTERN. (a) In General.--A government shall not impose or carry out the penalty of death in criminal cases in a racially disproportionate pattern. An individual shall not be put to death in execution of a death sentence imposed under law administered in violation of this subsection. (b) Disproportionate Pattern.--For purposes of subsection (a), a racially disproportionate pattern occurs when the penalty of death is imposed-- (1) more frequently upon persons of one race than upon persons of other races convicted of crimes for which such penalty may be imposed; or (2) more frequently as punishment for crimes against persons of one race than as punishment for crimes against persons of another race; and the greater frequency is not explained by relevant nonracial circumstances. SEC. 3. PROOF REQUIREMENTS. (a) Establishing Pattern.--To establish that a racially disproportionate pattern exists for the purposes of this Act-- (1) ordinary methods of statistical proof suffice; and (2) it shall not be necessary to show discriminatory motive, intent, or purpose on the part of any individual or institution. (b) Prima Facie Case.--To establish a prima facie showing that a racially disproportionate pattern exists for purposes of this Act, it suffices to show that death sentences are being imposed or executed-- (1) upon persons of one race with a frequency that is disproportioned to their representation among the total numbers of persons arrested for, charged with, or convicted of, death eligible crimes; or (2) as punishment for crimes against persons of one race with a frequency that is disproportioned to their representation among the numbers of persons against whom death eligible crimes have been the subject of arrests, charges, or convictions. (c) Rebuttal of Prima Facie Case.--To rebut a prima facie showing of a racially disproportionate pattern, a government must establish by clear and convincing evidence that identifiable and pertinent nondiscriminatory factors persuasively explain the observable racial disparities comprising the disproportion. SEC. 4. DATA ON DEATH PENALTY CASES. (a) Designation of Central Agency.--Any State or Federal entity that provides by law for death to be imposed as a punishment for any crime shall designate a central agency to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. (b) Form for Data.--The central agency so designated shall devise and distribute to every local official or agency responsible for the investigation or prosecution of death-eligible crimes a standard form to collect pertinent data. (c) Preparation of Data by Local Officials.--Each local official responsible for the investigation or prosecution of death-eligible crimes shall complete a standard form on every case of death-eligible crime and shall transmit it to the central agency no later than three months after the disposition of each such case whether that disposition is by dismissal of charges, reduction of charges, acceptance of a plea of guilty to the death-eligible crime or to another crime, acquittal, conviction, or any decision not to proceed with prosecution. (d) Police and Investigative Report.--In addition to the standard form, the local official or agency shall transmit to the central agency one copy of all police and investigative reports made in connection with each case of death-eligible crime. (e) Other Duties of Central Agency.--The central agency shall affirmatively monitor compliance with this section by local officials and agencies. It shall maintain all standard forms, compile and index all information contained in the forms, and make both the forms and the compiled information publicly available. The compiled information shall be made publicly available in machine readable form. The central agency shall also maintain a centralized, alphabetically indexed file of all police and investigative reports transmitted to it by local officials or agencies in every case of death-eligible crime. It shall allow access to its file of police and investigative reports to counsel of record for any person charged with any death-eligible crime or sentenced to death who has made, or intends to make, a claim under section 2; and it may also allow access to this file to other persons. SEC. 5. LEGAL COUNSEL. (a) Requirement.--In any action brought in a court of the United States within the jurisdiction conferred by sections 2241, 2254, or 2255 of title 28, United States Code, in which any person raises a claim under section 2-- (1) the court shall appoint counsel for any such person who is financially unable to retain counsel; and (2) the court shall furnish investigative, expert or other services necessary for the adequate development of the claim to any such person who is financially unable to obtain such services. (b) Nonapplication of Presumption of Correctness.--Notwithstanding section 2254 of title 28, United States Code, no determination on the merits of a factual issue made by a State court pertinent to any claim under section 2 shall be presumed to be correct unless-- (1) the State is in compliance with section 4; (2) the determination was made in a proceeding in a State court in which the person asserting the claim was afforded rights to the appointment of counsel and to the furnishing of investigative, expert, and other services necessary for the adequate development of the claim which were substantially equivalent to those provided by subsection (a); and (3) the determination is one which is otherwise entitled to be presumed to be correct under the criteria specified in section 2254. SEC. 6. DEFINITIONS. As used in this Act-- (1) the term ``pertinent data'' means the data to be collected in the standard form as designated by the central agency. Such term includes, at a minimum-- (A) pertinent demographic information on all persons charged with the crime and all victims (including race, sex, age, and national origin); (B) information on the principal features of the crime; (C) information on the aggravating and mitigating factors of the crime, and on the background and character of every person charged with the crime; and (D) a narrative summary of the crime; (2) the term ``case of death-eligible crime'' means a case in which the complaint, indictment, information, or any other initial or later charging paper charges any person with a crime for which the punishment of death is authorized to be imposed under any circumstances upon conviction. SEC. 7. CLAIMS BEFORE ENACTMENT NOT BARRED. A person is not barred from raising a claim under section 2 on the ground of having failed to raise or to prosecute the same or a similar claim before the date of enactment of this Act, not by reason of any adjudication before this date.

Racial Justice Act of 1993 - Prohibits: (1) a government from imposing or carrying out the death penalty in a racially disproportionate pattern; and (2) an individual from being put to death in execution of a death sentence imposed under law administered in violation of such provision. Specifies that ordinary methods of statistical proof suffice to establish that a racially disproportionate pattern exists and that it shall not be necessary to show discriminatory motive, intent, or purpose on the part of any individual or institution. Establishes the requirements for a prima facie showing that a racially disproportionate pattern exists. States that such a showing may be rebutted by establishing by clear and convincing evidence that identifiable and pertinent nondiscriminatory factors persuasively explain the observable racial disparities comprising the disproportion. Requires any State or Federal entity that provides for the imposition of the death penalty to designate a central agency to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Directs the central agency to affirmatively monitor compliance by local officials and agencies. Provides for the appointment of counsel for all indigent clients (and the furnishing of investigative and other services) for habeas corpus actions arising under this Act. Specifies that no determination on the merits of a factual issue made by a State court pertinent to any claim of racially disproportionate pattern shall be presumed to be correct unless: (1) the State is in compliance with requirements of this Act concerning the collection and maintenance of death penalty data; (2) the determination was made in a proceeding in a State court in which the person asserting the claim was afforded rights to appointment of counsel and to the furnishing of investigative, expert, and other services necessary for the adequate development of the claim; and (3) the determination is one which is otherwise entitled to be presumed to be correct under specified criteria. States that the failure to raise such a claim before the enactment of this Act shall not bar future claims.

Racial Justice Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``State and Local Brownfields Revitalization Act of 2000''. SEC. 2. DEFINITIONS. In this Act: (1) Brownfield site.--The term ``brownfield site'' means a parcel of real property, the expansion, redevelopment, or reuse of which is complicated by the presence or potential presence of a hazardous substance. (2) Hazardous substance.--The term ``hazardous substance'' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (3) Remediate.--The term ``remediate'' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (4) Secretary.--The term ``Secretary'' means the Secretary of the Army. SEC. 3. BROWNFIELDS REVITALIZATION PROGRAM. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall implement a program to provide assistance to State, regional, and local governments in the remediation and restoration of brownfield sites in cases in which the remediation and restoration would contribute to the quality, conservation, and sustainable use of waterways and watershed ecosystems in the United States. (b) Forms of Assistance.--Assistance provided under the program under subsection (a) may be in the form of-- (1) site characterization and planning; (2) site design and construction; (3) environmental restoration; and (4) preparation for site development. (c) Considerations; Consultation.--In determining whether to provide assistance for a project to remediate a brownfield site under subsection (a), the Secretary shall-- (1) take into consideration-- (A) the manner and extent to which the project would improve public health and safety; (B) the manner and extent to which the project would-- (i) encourage sustainable economic and environmental redevelopment in an area serviced by existing infrastructure; or (ii) enable the creation of or addition to parks, greenways, or other recreational property; and (C) any other expected beneficial results of the project; and (2) consult with appropriate Federal, State, regional, and local officials. (d) Public Ownership Requirement.--The Secretary shall provide assistance for a project under this section only if the project site (including any facilities on the site) is publicly owned. (e) Cost Sharing.-- (1) Federal share.-- (A) In general.--Except as provided in paragraph (3), the Federal share of the cost of any project under this section shall not exceed 65 percent. (B) Agreement.--As a condition of receiving assistance for a project under this section, a non- Federal interest shall enter into a binding agreement with the Secretary that establishes the percentages of the costs of the project that are to be paid by-- (i) the Secretary; and (ii) the non-Federal interest. (2) Credit toward non-Federal share.--In determining the non-Federal share of the cost of a project under this section, the Secretary shall provide credit to the non-Federal interest for-- (A) the value of land, easements, rights-of-way, and relocations (including direct costs associated with obtaining permits necessary for completing the site characterizations or remediation work), not to exceed 35 percent of total project costs; (B) any site characterization and site remediation services and other in-kind work that is carried out on or subsequent to, or within the period that is 5 years before, the date on which the non-Federal interest enters into a cost sharing agreement with the Secretary under paragraph (1)(B); and (C) grants awarded, and the value of work performed on behalf of the non-Federal interest, by State and local agencies, as determined by the Secretary. (3) Operation and maintenance.--The non-Federal interest shall pay 100 percent of costs of operation and maintenance of a remediated site. (4) Limitation on federal expenditures.-- (A) In general.--Except as provided in subparagraph (B), the Secretary shall award not more than $3,250,000 for a project at any brownfield site. (B) Exception.--If the Secretary determines that a project, due to the size or the level of contamination of the brownfield site, requires additional funds, the Secretary may provide to the project funding in the amount of the lesser of-- (i) $5,000,000; or (ii) an amount not to exceed 65 percent of the costs of the project. (f) Applicability of Laws.--Nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2001 through 2005.

Permits assistance only for project sites that are publicly-owned. Limits the Federal share of project costs to 65 percent. Sets forth provisions regarding the non-Federal share of project costs. Requires the non-Federal interest to pay 100 percent of operation and maintenance costs of a remediated site. Limits the total amount of assistance for any one project. Authorizes appropriations.

State and Local Brownfields Revitalization Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Education Opportunities Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The American Hospital Association reported in July 2007 that United States hospitals need approximately 116,000 registered nurses to fill vacant positions nationwide. (2) To address the shortage of qualified nurses, schools of nursing have developed accelerated, second-baccalaureate degree programs in nursing. In 2005, these programs graduated 3,769 students. The number of accelerated degree graduates in 2006 was 5,236. This is an additional 1,467 nursing graduates in 1 year. (3) Despite the nurse shortage and efforts to increase the pool of qualified nurses, schools of nursing struggle to increase student capacity. According to the American Association of Colleges of Nursing (referred to in this Act as the ``AACN''), United States nursing schools turned away nearly 43,000 qualified applicants in 2006 primarily due to an insufficient number of faculty. (4) The AACN reported in July 2006, a total of 637 faculty vacancies at 329 nursing schools with baccalaureate or graduate programs, or both, across the Nation. Besides the vacancies, schools cited the need to create an additional 55 faculty positions to accommodate student demand. Most of the vacancies (53.7 percent) were faculty positions requiring a doctoral degree. (5) In 2007, the Association of Academic Health Centers surveyed chief executive officers (CEOs) from academic health centers regarding faculty shortages across various health professions. The CEOs rated the nursing faculty shortage as the most severe of all health professions with 81 percent noting the nursing faculty shortage as a problem. (6) The average ages of doctorally-prepared nurse faculty holding the ranks of professor, associate professor, and assistant professor are 58.6, 55.8, and 51.6 years, respectively. Considering the average age of nurse faculty at retirement is 62.5 years, a wave of nurse faculty retirements is expected in the next decade. (7) Master's and doctoral programs in nursing are not producing a large enough pool of potential nurse educators to meet the demand. In 2006, the AACN found that graduations from doctoral nursing programs were up by only 1.4 percent from the previous academic year. (8) Nurses are vital to the Nation's health care delivery system. Due to the nurse shortage, patient safety and quality of care are at risk. Given the findings described in paragraphs (1) through (7), measures must be taken to address the nurse shortage and nursing faculty shortage. SEC. 3. NURSING STUDENT LOAN PROGRAM. Title VIII of the Public Health Service Act (42 U.S.C. 296 et seq.) is amended-- (1) in section 835(b)(4), by inserting ``(including a student in an accelerated nursing degree program who is pursuing a second baccalaureate degree or a master's degree as an entry level nursing degree)'' after ``graduate degree in nursing''; and (2) in section 836-- (A) in subsection (a)-- (i) by striking ``$2,500'' and inserting ``$4,400''; (ii) by striking ``$4,000'' and inserting ``$7,000''; and (iii) by striking ``$13,000'' and inserting ``$22,900''; and (B) in subsection (b)-- (i) in paragraph (1), by inserting ``(including a student in an accelerated nursing degree program who is pursuing a second baccalaureate degree or a master's degree as an entry level nursing degree)'' after ``graduate degree in nursing''; and (ii) in paragraph (2), by inserting ``(including a student in an accelerated nursing degree program who is pursuing a second baccalaureate degree)'' after ``equivalent degree''. SEC. 4. ACCELERATED NURSING DEGREE PROGRAMS. Section 801(3) of the Public Health Service Act (42 U.S.C. 296(3)) is amended by inserting ``(including an accelerated nursing degree program)'' before ``and including''. SEC. 5. ADVANCED EDUCATION NURSING GRANTS. Section 811(f)(2) of the Public Health Service Act (42 U.S.C. 296j(f)(2)) is amended by striking the period at the end and inserting ``, except in the case of a nurse faculty shortage, the Secretary may, in the Secretary's discretion, obligate more than 10 percent of such traineeships for individuals in doctoral degree programs.''. SEC. 6. GRANT PROGRAM FOR DOCTORAL NURSING PROGRAMS. Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p et seq.) is amended by adding at the end the following: ``SEC. 832. GRANT PROGRAM FOR DOCTORAL NURSING PROGRAMS. ``(a) In General.--The Secretary shall award grants to eligible entities to enable the eligible entities to establish doctoral nursing degree programs. ``(b) Eligible Entity.--In this section, the term `eligible entity' means an entity that is 1 of the `eligible entities' as such term is defined in section 801. ``(c) Application.--An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(d) Selection of Grant Recipients.--Not later than 6 months after the date of enactment of the Nursing Education Opportunities Act, the Secretary shall establish requirements and procedures for the administration of grants under this section and procedures for selecting grant recipients. In awarding grants under this section, the Secretary shall consider the following: ``(1) Doctoral nursing program distribution.--Providing priority to eligible entities located in States in which there are no doctoral nursing degree programs. ``(2) Geographic distribution.--Providing an equitable geographic distribution of such grants. ``(3) Rural and urban areas.--Distributing such grants to rural and urban areas. ``(4) Prior experience or exceptional programs.--Whether the eligible entity has demonstrated-- ``(A) prior experience in, or exceptional programs for, the preparation of baccalaureate prepared nurses or master's prepared nurses; and ``(B) an interest in establishing a doctoral nursing degree program. ``(e) Grant Amount.--Each grant awarded under this section shall be equal to not more than $2,000,000. ``(f) Grant Duration.--A grant awarded under this section shall be for a period of not more than 5 years. ``(g) Use of Funds.--An eligible entity that receives a grant under this section shall use the grant funds to establish a doctoral nursing degree program, including-- ``(1) hiring administrators, faculty, and staff; ``(2) retaining current faculty; ``(3) developing doctoral curriculum; ``(4) repairing and expanding infrastructures; ``(5) purchasing educational equipment; ``(6) developing and enhancing clinical laboratories; ``(7) recruiting students; ``(8) establishing technology infrastructures; and ``(9) other investments determined necessary by the eligible entity for the development of a doctoral nursing degree program. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section not more than $40,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 4 succeeding fiscal years.''. SEC. 7. DOCTORAL NURSING CONSORTIA PILOT PROJECT. Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p et seq.), as amended by section 6, is further amended by adding at the end the following: ``SEC. 833. DOCTORAL NURSING CONSORTIA PILOT PROJECT. ``(a) Purpose.--The purpose of the pilot project under this section is to provide grants to partnerships of eligible entities to establish consortia to enhance and expand the availability of doctoral nurse faculty and education by enabling the partners involved to share doctoral faculty and programmatic resources so that the nursing faculty shortage does not further inhibit the preparation of future nurses or nurse faculty. ``(b) In General.--The Secretary shall award grants to partnerships of eligible entities to enable the partnerships to establish doctoral nursing consortia. ``(c) Definitions.--In this section: ``(1) Doctoral nursing consortium.--The term `doctoral nursing consortium' means a partnership that includes 2 or more of-- ``(A) eligible entities within the same State; ``(B) eligible entities within different States; or ``(C) eligible entities establishing a doctoral nursing program. ``(2) Eligible entity.--The term `eligible entity' has the meaning given the term in section 832(b). ``(d) Application.--A partnership of eligible entities that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Such partnership may apply for a grant under this section each year of the pilot project. ``(e) Selection.--Not later than 6 months after the date of enactment of the Nursing Education Opportunities Act, the Secretary shall establish requirements and procedures for the administration of grants under this section and procedures for selecting grant recipients. ``(f) Consideration in Making Awards.--In awarding grants under this section, the Secretary shall consider the following: ``(1) Prior experience or exceptional programs.--Eligible entities that have demonstrated prior experience in, or exceptional programs for, the preparation of-- ``(A) doctorally prepared nursing faculty and nursing researchers; and ``(B) baccalaureate prepared nurses or master's prepared nurses. ``(2) Geographic distribution.--Providing an equitable geographic distribution of such grants. ``(3) Rural and urban areas.--Distributing such grants to rural and urban areas. ``(4) New grantees.--Awarding grants to eligible entities that have not previously received a grant under this section. ``(g) Grant Amount.--The Secretary shall determine the amount of each grant awarded under this section based on the purpose of this section, which amount shall not be more than $500,000. ``(h) Use of Funds.--A partnership of eligible entities that receives a grant under this section shall use the grant funds to establish a doctoral nursing consortium that shall share doctoral faculty and programmatic resources, such as-- ``(1) establishing technology infrastructures; ``(2) developing shared doctoral curriculum; ``(3) hiring faculty and staff; ``(4) retaining current faculty; ``(5) providing travel stipends for nursing faculty who agree to teach nursing courses at another eligible entity within the doctoral nursing consortium; ``(6) providing scholarships for post-doctoral fellows who agree to teach a nursing course within the nursing doctoral consortium; ``(7) providing collaborative networks for nursing research; and ``(8) other investments determined necessary by the eligible entities for use within the doctoral nursing consortium. ``(i) Grant Duration.--The pilot project under this section shall be for a period of not more than 5 years. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section not more than $10,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 4 succeeding fiscal years.''. SEC. 8. NURSE FACULTY PILOT PROJECT. Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et seq.) is amended by adding at the end the following: ``PART F--NURSE FACULTY PILOT PROJECT ``SEC. 781. PURPOSES. ``The purposes of this part are to create a pilot program-- ``(1) to provide scholarships to qualified nurses in pursuit of an advanced degree with the goal of becoming faculty members in an accredited nursing program; and ``(2) to provide grants to partnerships between accredited schools of nursing and hospitals or health facilities to fund release time for qualified nurse employees, so that those employees can earn a salary while obtaining an advanced degree in nursing with the goal of becoming nurse faculty. ``SEC. 782. ASSISTANCE AUTHORIZED. ``(a) Competitive Grants Authorized.--The Secretary may, on a competitive basis, award grants to, and enter into contracts and cooperative agreements with, partnerships composed of an accredited school of nursing at an institution of higher education and a hospital or health facility to establish not more than 5 pilot projects to enable such hospital or health facility to retain its staff of experienced nurses while providing a mechanism to have these individuals become, through an accelerated nursing education program, faculty members of an accredited school of nursing. ``(b) Duration; Evaluation and Dissemination.-- ``(1) Duration.--Grants under this part shall be awarded for a period of 3 to 5 years. ``(2) Mandatory evaluation and dissemination.--Grants under this part shall be primarily used for evaluation, and dissemination to other institutions of higher education, of the information obtained through the activities described in section 781(2). ``(c) Considerations in Making Awards.--In awarding grants and entering into contracts and cooperative agreements under this section, the Secretary shall consider the following: ``(1) Geographic distribution.--Providing an equitable geographic distribution of such grants. ``(2) Rural and urban areas.--Distributing such grants to urban and rural areas. ``(3) Range and type of institution.--Ensuring that the activities to be assisted are developed for a range of types and sizes of institutions of higher education. ``(4) Prior experience or exceptional programs.-- Institutions of higher education with demonstrated prior experience in providing advanced nursing education programs to prepare nurses interested in pursuing a faculty role. ``(d) Uses of Funds.--Funds made available by grant, contract, or cooperative agreement under this part may be used-- ``(1) to develop a new national demonstration initiative to align nursing education with the emerging challenges of healthcare delivery; and ``(2) for any 1 or more of the following innovations in educational programs: ``(A) To develop a clinical simulation laboratory in a hospital, health facility, or accredited school of nursing. ``(B) To purchase distance learning technologies. ``(C) To fund release time for qualified nurses enrolled in the graduate nursing program. ``(D) To provide for faculty salaries. ``(E) To collect and analyze data on educational outcomes. ``SEC. 783. APPLICATIONS. ``Each partnership desiring to receive a grant, contract, or cooperative agreement under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall include assurances that-- ``(1) the individuals enrolled in the program will be qualified nurses in pursuit of a master's or doctoral degree in nursing and have a contractual obligation with the hospital or health facility that is in partnership with the institution of higher education; ``(2) the hospital or health facility of employment would be the clinical site for the accredited school of nursing program; ``(3) individuals will also maintain their employment on a part time basis to the hospital or health facility that allowed them to participate in the program, and will receive an income from the hospital or health facility, as a part time employee, and release times or flexible schedules to accommodate the individuals' class schedules; and ``(4) upon completion of the program, an individual agrees to teach for 2 years in an accredited school of nursing for each year of support the individual received under this program. ``SEC. 784. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for this part not more than $10,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 4 succeeding fiscal years. ``SEC. 785. DEFINITION. ``For purposes of this part, the term `health facility' means an Indian Health Service health service center, a Native Hawaiian health center, a hospital, a Federally qualified health center, a rural health clinic, a nursing home, a home health agency, a hospice program, a public health clinic, a State or local department of public health, a skilled nursing facility, or ambulatory surgical center.''.

Nursing Education Opportunities Act - Amends the Public Health Service Act to include accelerated degree nursing students who pursue a second baccalaureate degree or a master's degree as an entry level nursing degree as eligible for financial assistance through nursing programs in the Act, including the Nursing Student Loan Program. Raises the yearly loan amounts available to all nursing students through that Program. Modifies the definition of "collegiate school of nursing" to include accelerated nursing degree programs. Authorizes the Secretary of Health and Human Services, in the case of a nurse faculty shortage, to obligate more than 10% of traineeships for individuals in doctoral degree programs. Directs the Secretary to award grants to: (1) eligible entities to establish doctoral nursing degree programs, giving priority to such entities located in states in which there are no such programs; and (2) partnerships of eligible entities to establish doctoral nursing consortia to enhance and expand the availability of doctoral nurse faculty and education by enabling the partners to share doctoral faculty and programmatic resources. Amends the Higher Education Act of 1965 to authorize the Secretary to award grants to partnerships composed of an accredited nursing school at an institution of higher education and a hospital or health facility to establish up to five pilot projects to enable such hospital or facility to retain its staff of experienced nurses while providing a mechanism to have these individuals become, through an accelerated nursing education program, faculty members of an accredited nursing school.

A bill to amend title VIII of the Public Health Service Act to expand the nurse student loan program, to establish grant programs to address the nursing shortage, to amend title VII of the Higher Education Act of 1965 to provide for a nurse faculty pilot project, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Opportunity Protection and Civil Rights Restoration Act of 2007''. SEC. 2. PROHIBITION AGAINST DISCRIMINATION AND PREFERENTIAL TREATMENT. Notwithstanding any other provision of law, neither the Federal Government nor any officer, employee, or agent of the Federal Government shall-- (1) intentionally discriminate against, or grant a preference to, any person or group based in whole or in part on race, color, national origin, or sex, in connection with-- (A) a Federal contract or subcontract; (B) Federal employment; or (C) any other federally conducted program or activity; or (2) require or encourage a Federal contractor or subcontractor, or the recipient of a license or financial assistance, to discriminate intentionally against, or grant a preference to, any person or group based in whole or in part on race, color, national origin, or sex, in connection with any Federal contract or subcontract or Federal license or financial assistance. SEC. 3. PROHIBITION RELATING TO RECIPIENTS OF FEDERAL AID. A State or private entity that receives Federal financial assistance may not discriminate against, or grant a preference to, any person or group based in whole or in part on race, color, national origin, or sex, in connection with-- (1) any contract or subcontract; (2) employment; or (3) admission to any educational institution. SEC. 4. CONSTRUCTION. (a) Historically Black Colleges and Universities.--Nothing in this Act shall be construed to prohibit or limit any act that is designed to benefit an institution that is an historically Black college or university on the basis that the institution is an historically Black college or university. (b) Indian Tribes.--This Act does not prohibit any action taken-- (1) pursuant to a law enacted under the constitutional powers of Congress relating to the Indian tribes; or (2) under a treaty between an Indian tribe and the United States. (c) Certain Sex-Based Classifications.--This Act does not prohibit or limit any classification based on sex if-- (1) the classification is applied with respect to employment and the classification would be exempt from the prohibitions of title VII of the Civil Rights Act of 1964 by reason of section 703(e)(1) of such Act (42 U.S.C. 2000e- 2(e)(1)); or (2) the classification is applied with respect to a member of the Armed Forces pursuant to statute, direction of the President or Secretary of Defense, or Department of Defense policy. (d) Immigration and Nationality Laws.--This Act does not affect any law governing immigration or nationality, or the administration of any such law. SEC. 5. COMPLIANCE REVIEW OF POLICIES AND REGULATIONS. Not later than 6 months after the date of enactment of this Act, the head of each department or agency of the Federal Government, in consultation with the Attorney General, shall review all existing policies and regulations that such department or agency head is charged with administering, modify such policies and regulations to conform to the requirements of this Act, and report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate the results of the review and any modifications to the policies and regulations. SEC. 6. REMEDIES. (a) In General.--Any person aggrieved by a violation of section 2 or 3 may, in a civil action against the violator (including a violator that is a governmental entity), obtain appropriate relief (which may include back pay). A prevailing plaintiff in a civil action under this section shall be awarded a reasonable attorney's fee as part of the costs. (b) Construction.--This section does not affect any remedy available under any other law. SEC. 7. EFFECT ON PENDING MATTERS. (a) Pending Cases.--This Act does not affect any case pending on the date of enactment of this Act. (b) Pending Contracts and Subcontracts.--This Act does not affect any contract or subcontract in effect on the date of enactment of this Act, including any option exercised under such contract or subcontract before or after such date of enactment. SEC. 8. DEFINITIONS. In this Act, the following definitions apply: (1) Federal government.--The term ``Federal Government'' means executive and legislative branches of the Government of the United States. (2) Preference.--The term ``preference'' means an advantage of any kind, and includes a quota, set-aside, numerical goal, timetable, or other numerical objective. (3) Historically black college or university.--The term ``historically Black college or university'' means a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).

Equal Opportunity Protection and Civil Rights Restoration Act of 2007 - Prohibits discrimination or preferences in federal employment and contracting and other federal programs and activities on the basis of race, color, national origin, or sex. Prohibits requiring or encouraging any federal contractor or subcontractor to so discriminate or grant a preference. Prohibits states and private entities that receive federal financial assistance from so discriminating or granting a preference in connection with any contract or subcontract, employment, or admission to any educational institution. Prohibits construing this Act to prohibit or limit: (1) any act designed to benefit historically Black colleges or universities; or (2) any action under a federal law or treaty relating to the Indian tribes. Declares that this Act does not prohibit or limit employment classifications based on sex if sex is a bona fide occupational qualification reasonably necessary to normal operation or the classification is applied regarding an armed forces member. Allows any aggrieved person to obtain, in a civil action, appropriate relief (including back pay) from the violator, including from a government entity. Requires awarding a prevailing plaintiff attorney's fees as part of the costs.

To provide for equal protection of the law and to prohibit discrimination and preferential treatment on the basis of race, color, national origin, or sex in Federal actions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hunger Relief Act of 1999''. SEC. 2. RESTORATION OF FOOD STAMP BENEFITS FOR ALIENS. (a) Limited Eligibility of Qualified Aliens for Certain Federal Programs.-- (1) In general.--Section 402(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)) is amended-- (A) in paragraph (2)-- (i) in subparagraph (A), by striking ``Federal programs'' and inserting ``Federal program''; (ii) in subparagraph (D)-- (I) by striking clause (ii); and (II) in clause (i)-- (aa) by striking ``(i) SSI.--'' and all that follows through ``paragraph (3)(A)'' and inserting the following: ``(i) In general.--With respect to the specified Federal program described in paragraph (3)''; (bb) by redesignating subclauses (II) through (IV) as clauses (ii) through (iv) and indenting appropriately; (cc) by striking ``subclause (I)'' each place it appears and inserting ``clause (i)''; and (dd) in clause (iv) (as redesignated by item (bb)), by striking ``this clause'' and inserting ``this subparagraph''; (iii) in subparagraph (E), by striking ``paragraph (3)(A) (relating to the supplemental security income program)'' and inserting ``paragraph (3)''; (iv) in subparagraph (F); (I) by striking ``Federal programs'' and inserting ``Federal program''; (II) in clause (ii)(I)-- (aa) by striking ``(I) in the case of the specified Federal program described in paragraph (3)(A),''; and (bb) by striking ``; and'' and inserting a period; and (III) by striking subclause (II); (v) in subparagraph (G), by striking ``Federal programs'' and inserting ``Federal program''; (vi) in subparagraph (H), by striking ``paragraph (3)(A) (relating to the supplemental security income program)'' and inserting ``paragraph (3)''; and (vii) by striking subparagraphs (I), (J), and (K); and (B) in paragraph (3)-- (i) by striking ``means any'' and all that follows through ``The supplemental'' and inserting ``means the supplemental''; and (ii) by striking subparagraph (B). (2) Conforming amendment.--Section 402(b)(2)(F) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)(F)) is amended by striking ``subsection (a)(3)(A)'' and inserting ``subsection (a)(3)''. (b) Five-Year Limited Eligibility of Qualified Aliens for Federal Means-Tested Public Benefit.--Section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613) is amended-- (1) in subsection (c)(2), by adding at the end the following: ``(L) Assistance or benefits under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.).''; and (2) in subsection (d)-- (A) by striking ``not apply'' and all that follows through ``(1) an individual'' and inserting ``not apply to an individual''; and (B) by striking ``; or'' and all that follows through ``402(a)(3)(B)''. (c) Authority for States To Provide for Attribution of Sponsor's Income and Resources to the Alien With Respect to State Programs.-- Section 422(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1632(b)) is amended by adding at the end the following: ``(8) Programs comparable to assistance or benefits under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.).''. (d) Requirements for Sponsor's Affidavit of Support.--Section 423(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1183a note; Public Law 104-193) is amended by adding at the end the following: ``(12) Benefits under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), if a sponsor is unable to make the reimbursement because the sponsor experiences hardship (including bankruptcy, disability, and indigence) or if the sponsor experiences severe circumstances beyond the control of the sponsor, as determined by the Secretary of Agriculture.''. (e) Derivative Eligibility for Benefits.--Section 436 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1646) is repealed. (f) Application.-- (1) In general.--Except as provided in paragraph (2), this section and the amendments made by this section shall apply to assistance or benefits provided under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) for months beginning on or after October 1, 2001. (2) Refugees and asylees.--In the case of an alien described in section 402(a)(2)(A) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(A)), this section and the amendments made by this section shall apply to assistance or benefits provided under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) for months beginning on or after April 1, 2000. SEC. 3. VEHICLE ALLOWANCE. (a) In General.--Section 5(g)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)(2)) is amended-- (1) in subparagraph (B)(iv)-- (A) by striking ``subparagraph (C)'' and inserting ``subparagraphs (C) and (D)''; and (B) by striking ``to the extent that'' and all that follows through the end of the clause and inserting ``to the extent that the fair market value of the vehicle exceeds $4,650; and''; and (2) by adding at the end the following: ``(D) Alternative vehicle allowance.--If the vehicle allowance standards that a State agency uses to determine eligibility for assistance under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) would result in a lower attribution of resources to certain households than under subparagraph (B)(iv), in lieu of applying subparagraph (B)(iv), the State agency may elect to apply the State vehicle allowance standards to all households that would incur a lower attribution of resources under the State vehicle allowance standards.''. (b) Effective Date.--The amendments made by this section take effect on July 1, 2000. SEC. 4. MAXIMUM AMOUNT OF EXCESS SHELTER EXPENSE DEDUCTION. Section 5(e)(7)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)(7)(B)) is amended by striking clauses (iii) and (iv) and inserting the following: ``(iii) for fiscal year 1999, $275, $478, $393, $334, and $203 per month, respectively; ``(iv) for fiscal year 2000, $280, $483, $398, $339, and $208 per month, respectively; ``(v) for fiscal year 2001, $340, $543, $458, $399, and $268 per month, respectively; and ``(vi) for fiscal year 2002 and each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL COMMODITIES UNDER EMERGENCY FOOD ASSISTANCE PROGRAM. Section 214 of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7515) is amended by adding at the end the following: ``(e) Authorization of Appropriations.-- ``(1) In general.--In addition to any other funds that are made available to carry out this section, there are authorized to be appropriated to purchase and make available additional commodities under this section $20,000,000 for each of fiscal years 2001 through 2005. ``(2) Direct expenses.--Not less than 15 percent of the amount made available under paragraph (1) shall be used to pay direct expenses (as defined in section 204(a)(2)) incurred by emergency feeding organizations to distribute additional commodities to needy persons.''.

Exempts food stamp provisions respecting aliens from: (1) the five-year waiting period for Federal means-tested public benefits eligibility; (2) inclusion of sponsor income and resources to an alien for State benefits eligibility; and (3) sponsor reimbursement requirements in cases of hardship. Sets forth effective dates for: (1) aliens; and (2) refugees and asylees. (Sec. 3) Amends the Food Stamp Act of 1977 to authorize a State to use an alternative State auto valuation rather than the Federal one in order to provide a lower household resource attribution for food stamp program purposes. (Sec. 4) Increases, and indexes for inflation, the food stamp excess shelter deduction. (Sec. 5) Amends the Emergency Food Assistance Act of 1983 to authorize additional appropriations for commodity purchases under the emergency food assistance program.

Hunger Relief Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Media Marketing Accountability Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Children have easy access to a variety of media and entertainment options without leaving their own homes. The vast majority of homes with children have a VCR, a CD player, and either a video game console or a personal computer. (2) Children, and especially teenagers, spend a large amount of time listening to music, seeing movies, and playing video games. Specifically: (A) Children ages 8 through 13 spend approximately 3 hours per week in a movie theater, on average. In addition, 62 percent of children ages 9 through 17 spent an average of 52 minutes per day watching video tapes. (B) 82 percent of children play video games, and do so for 33 minutes per day, on average. (C) Children ages 14 through 18 listen to music approximately 2\1/2\ hours per day on average. (3) Teenagers spend tens of millions of dollars annually on movies, music, and video games, making them a highly valuable demographic group to the producers and distributors of entertainment products. (4) Media violence can be harmful to children. Most scholarly studies on the impact of media violence find a high correlation between exposure to violent content and aggressive or violent behavior. Additional studies find a high correlation between exposure to violent content and a desensitization to and acceptance of violence in society. (5) On September 11, 2000, the Federal Trade Commission reported that companies in the music, movie, and video game industries routinely target children under age 17 in the advertisement of adult-rated products. Specifically: (A) The Commission found that 80 percent of the R- rated movies studied had been targeted to children. In addition, marketing plans for 64 percent of the R-rated movies studied explicitly mentioned children under age 17 as part of the target audience. (B) The Commission found that all marketing plans for music recordings with explicit content labels either explicitly mentioned children under age 17 as part of the target audience or called for ad placement in media that would reach a majority or substantial percentage of children under age 17. (C) The Commission found that 70 percent of Mature- rated video games studied were targeted to children under age 17, and 51 percent explicitly mentioned children under age 17 as part of the target audience. Additionally, the Commission found that 91 percent of the video game manufacturers studied had at one time expressly identified children under age 17 as the core, primary, or secondary audience of an M-rated game. (6) To correct this problem, the Commission called on these industries to adopt voluntary, uniform policies expressly prohibiting these practices and to enforce these policies with real sanctions for violations. (7) To date, as the Commission noted in a follow-up report released on April 24, 2001, only the video game industry has agreed to adopt such a marketing code. The Commission also noted that, despite some encouraging changes in behavior since the release of the Commission's original report in 2000, a number of companies in all three industries have nevertheless continued to market adult-rated products in venues popular with children. (8) Because the entertainment industry continues to target its advertising of adult-rated products to children, there is need for narrowly targeted legislation to prohibit, as a false and deceptive trade practice, the targeting of children in the advertisement and other marketing of products rated for adults, and to authorize the Federal Trade Commission to stop these practices. TITLE I--TARGETED MARKETING OF ADULT-RATED MEDIA TO CHILDREN SEC. 101. PROHIBITION ON TARGETED MARKETING TO MINORS OF ADULT-RATED MEDIA AS UNFAIR OR DECEPTIVE PRACTICE. (a) In General.--The targeted advertising or other marketing to minors of an adult-rated motion picture, music recording, or electronic game, in or affecting commerce, shall be treated as a deceptive act or practice within the meaning of section 5 of the Federal Trade Commission Act (15 U.S.C. 45), and is hereby declared unlawful. (b) Treatment as Targeted Advertising or Marketing to Minors.--For purposes of this section, the advertising or other marketing of an adult-rated motion picture, music recording, or electronic game shall be treated as targeted advertising or other marketing of such product to minors if-- (1) the advertising or marketing-- (A) is intentionally directed to minors; or (B) is presented to an audience of which a substantial proportion is minors; or (2) the Commission determines that the advertising or marketing is otherwise directed or targeted to minors. SEC. 102. SAFE HARBOR. (a) In General.--The advertising or other marketing to minors of an adult-rated motion picture, music recording, or electronic game shall not be treated as targeted advertising or other marketing to minors, for purposes of section 101, if the producer or distributor responsible for the advertising or marketing adheres to a voluntary self-regulatory system with respect to such product that satisfies the criteria under subsection (b) and is subject to the sanctions referred to in subsection (b)(3). (b) Criteria.--The Federal Trade Commission shall, by rule, establish the criteria referred to in subsection (a). Under such criteria, a voluntary self-regulatory system shall include the following elements: (1) An age-based rating or labeling system for the product in question. (2) For all products that are rated or labeled as adult- rated under such system-- (A) prohibitions on the targeted advertising or other marketing to minors of such products; and (B) other policies to restrict, to the extent feasible, the sale, rental, or viewing to or by minors of such products. (3) Procedures, including sanctions for non-complying producers and distributors, meeting such requirements as the Commission includes in such criteria in order to assure compliance with the prohibitions and other policies referred to in paragraph (2). SEC. 103. REGULATIONS. (a) In General.--The Federal Trade Commission shall prescribe rules that define with specificity the acts or practices that are deceptive acts or practices under section 101. (b) In Particular.--The rules under subsection (a)-- (1) shall specify criteria for determining whether or not an audience is comprised of a substantial proportion of minors for purposes of section 101(b)(1)(B); and (2) may include requirements for the purpose of preventing acts or practices that are deceptive acts or practices under section 101. SEC. 104. MATTERS RELATING TO REGULATIONS. (a) In General.--The Federal Trade Commission shall prescribe rules under sections 102 and 103 in accordance with the provisions of section 553 of title 5, United States Code. (b) Time Limit.--The Commission shall prescribe the regulations required under sections 102 and 103(b)(1) not later than 12 months after the date of the enactment of this Act. SEC. 105. ENFORCEMENT. (a) In General.--This title shall be enforced by the Federal Trade Commission under the provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (b) Actions by Commission.-- (1) In general.--The Commission shall prevent any person from violating section 101, or a rule of the Commission under section 103, 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 were incorporated into and made a part of this title. (2) Particular rules.--A rule prescribed under section 103(b)(1) shall be treated as a rule prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)), and any violation of a rule prescribed under such section 103 shall be treated as a violation of a rule respecting unfair or deceptive acts or practices under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (3) Rights and liabilities of parties.--Any person or entity that violates section 101, or a rule of the Commission under section 103, 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, powers, and duties as though all applicable terms and provisions of that Act were incorporated into and made a part of this title. (c) Effect on Other Laws.--Nothing in this title shall be construed to limit the authority of the Commission under any other provision of law. SEC. 106. DEFINITIONS. In this title: (1) Adult-rated.--The term ``adult-rated'', in the case of a motion picture, music recording, or electronic game, means a rating or label voluntarily assigned by the producer or distributor of such product, including a rating or label assigned pursuant to an industry-wide rating or labeling system, which rating or label-- (A) indicates or signifies that-- (i) such product is or may be appropriate or suitable only for adults; or (ii) access to such product by minors should be restricted; or (B) in the case of a music recording, advises or signifies that such product may contain explicit content, including strong language or expressions of violence, sex, or substance abuse. (2) Minor.--The term ``minor'' means an individual below the age established under the rating or labeling system in question to be an appropriate audience for adult-oriented material, but in no event includes an individual 17 years of age or older. If no specific age is so established under the rating or labeling system in question, the term means an individual less than 17 years of age. (3) Adult.--The term ``adult'' means an individual who is no longer a minor. (4) Electronic game.--The term ``electronic game'' means any interactive entertainment software, including any computer game, video game, or on-line game, sold or rented on any tangible medium or by any electronic or on-line medium by which the right to play a specified interactive-entertainment-software product is purchased. (5) Motion picture.--The term ``motion picture'' means any theatrical motion picture shown in a commercial theater or sold or rented by videotape, digital recording, or other tangible medium or by any electronic or on-line medium by which the right to play an individual theatrical motion picture is purchased, except that such term shall not include anything shown on broadcast television or cable television. (6) Music recording.--The term ``music recording'' means any recording of music sold or rented on compact disk, tape cassette, vinyl record, music video, or other tangible medium or by any electronic or on-line medium by which the right to hear a specified work of music is purchased, except that such term shall not include anything shown on broadcast television or cable television. SEC. 107. EFFECTIVE DATE. This title shall take effect 90 days after the date of the enactment of this Act. TITLE II--OTHER MATTERS SEC. 201. STUDY OF MARKETING PRACTICES OF ENTERTAINMENT INDUSTRIES REGARDING ADULT-RATED MATERIALS. (a) In General.--The Federal Trade Commission shall conduct a study of the advertising and other marketing practices of the motion picture industry, music recording industry, and electronic game industry regarding adult-rated motion pictures, music recordings, and electronic games. (b) Matters To Be Studied.--In conducting the study under subsection (a), the Commission may examine-- (1) whether and to what extent the industries referred to in that subsection direct to minors the advertising and marketing of adult-rated materials, including-- (A) whether such materials are advertised or promoted in media outlets in which minors are present in substantial numbers or comprise a substantial percentage of the audience; and (B) whether such industries use other marketing practices designed to attract minors to such materials; (2) whether and to what extent retail merchants, movie theaters, or others who engage in the sale or rental for a fee of products of such industries-- (A) have policies to restrict the sale, rental, or viewing to or by minors of adult-rated materials; and (B) have procedures to ensure compliance with such policies; (3) whether and to what extent such industries require, monitor, or encourage the enforcement of their voluntary rating or labeling systems by industry members, retail merchants, movie theaters, or others who engage in the sale or rental for a fee of the products of such industries; (4) whether and to what extent such industries engage in activities to educate the public in the existence, use, or efficacy of their voluntary rating or labeling systems; and (5) whether and to what extent the policies and procedures referred to in paragraph (2), any activities referred to in paragraphs (3) and (4), and any other activities of such industries are effective in restricting the access of minors to adult-rated materials. (c) Factors in Determination.--In determining whether the products of an industry are adult-rated for purposes of subsection (b), the Commission shall use the voluntary industry rating or labeling system of the industry, both as in effect on the date of the enactment of this Act and as modified after that date. (d) Authorities.--In conducting the study under subsection (a), the Commission may use its authority under section 6(b) of the Federal Trade Commission Act (15 U.S.C. 46(b)) to require the filing of reports or answers in writing to specific questions, as well as to obtain information, oral testimony, documentary material, or tangible things. (e) Reports.-- (1) Requirement.--The Commission shall submit to Congress and the public two reports on the study under subsection (a), as follows: (A) An initial report, not later than two years after the date of the enactment of this Act. (B) A final report, not later than six years after that date. (2) Elements.--Each report under paragraph (1) shall include-- (A) a description of the study conducted under subsection (a) during the period covered by the report; (B) any findings and recommendations of the Commission arising out of the study as of the end of that period; and (C) the identification of the particular producers and distributors, if any, engaged in advertising or other marketing practices relevant to such findings and recommendations. (f) Definitions.--In this section, the terms ``adult-rated'', ``electronic game'', ``motion picture'', ``music recording'', and ``minor'' have the meanings given those terms in section 106. SEC. 202. SEPARABILITY. If any provision of this Act, or the application of such provision to any person, partnership, corporation, or circumstance, is held invalid, the remainder of this Act, and the application of such provision to any other person, partnership, corporation, or circumstance, shall not be affected thereby.

Media Marketing Accountability Act of 2001 - Declares that targeted marketing to minors of an adult-rated motion picture, music recording, or electronic game shall be treated as a deceptive act or practice within the meaning of the Federal Trade Commission Act, and considered unlawful unless the producer or distributor responsible for advertising or marketing adheres to a voluntary self-regulatory system that comports with criteria established by the Federal Trade Commission (FTC).Grants the FTC enforcement powers. Directs the FTC to study and report to Congress on marketing practices of the motion picture, music recording and electronic game industries with respect to adult-rated products, including the identification of particular producers and distributors engaged in such practices.

A bill to prohibit the targeted marketing to minors of adult-rated media as an unfair or deceptive practice, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Community Mobilization Act of 2006''. SEC. 2. FINDINGS. The Congress finds the following: (1) There has been a substantial increase in poverty within the United States during the past five years. The greatest concentration of poverty exists in large metropolitan areas. (2) The plight of the poor in New Orleans, Louisiana, as revealed during the Katrina hurricane and the flood it caused poses a considerable threat to health and life and creates conditions that foster a total breakdown of civil society. (3) The rescue and survival effort during the Katrina disaster was greatly impeded by the lack of engagement and contact with institutions and procedures of the mainstream world. (4) The lack of employment is at the center of problems impacting on the poor and the primary antidote to alleviation would be jobs. (5) Within the Community Service Agency (CSA) there is a structure in place presently capable of rapidly implementing programs geared to help the poor. Through this Act, in alignment with the Community Services Block Grant's purpose to provide members of the community with meaningful employment, low-income residents of metropolitan areas can be engaged in a beneficially meaningful way while providing a vital service to their communities. (6) The structure established to implement the Faith Based Initiative project is also immediately adoptable for the implementation of programs to employ, train, counsel and place low-income residents in permanent jobs. (7) The shamefully slow pace of disaster recovery in New Orleans and the Gulf Coast area demonstrates a need for emergency action by the Congress. (8) Circumstances require the launching of pilot projects in Katrina-ravaged New Orleans and at least nine other at-risk cities where recently released surveys and studies have shown significant increases in poverty. SEC. 3. HOMELAND SECURITY COMMUNITY MOBILIZATION PROGRAM. (a) Establishment of Program.--There is hereby established the Homeland Security Community Mobilization Program (hereafter in this Act referred to as the ``Program'', which shall be administered under the authority of the Secretary of Health and Human Services (hereafter in this Act referred to as the ``Secretary''). (b) Pilot Projects.--To implement the Program, the Secretary may make grants to local entities in 10 metropolitan areas (including the city of New Orleans, Louisiana) to carry out pilot projects that-- (1) provide emergency response training to low-income adults and youth to prepare them to provide emergency assistance in metropolitan areas during disasters (These individuals will provide neighborhood response to natural disasters and terrorist attacks and shall be trained to work as Neighborhood Emergency Response Operators.), (2) provide job training and financial assistance to families with children in school. Families with incomes under the poverty line with children in school shall receive priority for support (Stipends shall be made available for travel costs and other expenses incurred for attendance in school-related meetings. Cash award incentives shall also be made available for improved student performance. Participants shall be trained to work as Informed Parent Program Specialists.), (3) provide community education and school support (Programs shall be established that organize parents and volunteers to assist schools in such areas as school safety, student discipline, after-school and weekend extracurricular activities, physical education and sports activities, and assistance with truant and delinquent children. Entry level job training shall be developed for School Community Coordinators.), (4) provide juvenile delinquency prevention programs and youth counseling (Programs shall be established which focus on at-risk youth and are geared primarily to youth with identified problems. Such programs shall work with family courts and juvenile detention centers as well as work with school counselors. Individuals shall be trained to work as Youth Ombudsman and Child Advocates.), (5) provide entrepreneurial business development training for youth (Programs shall be established which place low-income youth in local business internship positions for the purpose of teaching them the fundamentals of small business operations and preparing them to establish and operate small concessions and other entrepreneurial enterprises. Individuals shall be trained to work as Young Community Leader Trainees.), and (6) provide family health care information and solutions (Programs shall be established to train citizens to monitor areas of potential terrorist attacks and low-level germ warfare and to be first responders to such situations. Trainees shall also make available to citizens of the community greater amounts of detailed information diseases such as AIDS as well as the sudden dangers of maladies such as West Nile Virus or possible epidemics like Avian Flu. Individuals shall be trained to work as Health Care Information Specialists.). SEC. 4. APPLICATION AND EVALUATION. (a) Application.--To be eligible to receive a grant under the Program, a local entity in a metropolitan area shall submit an application to the Secretary at such time and containing such information as the Secretary shall require by rule. (b) Evaluation.--The Secretary shall issue such rules, and shall carry out such activities, as may be necessary to ensure that recipients of grants made under this Act-- (1) keep records to account for the expenditure of funds received under such grants, (2) evaluate the activities such recipients carry out with such funds, and (3) submit to the Secretary such reports regarding such activities as the Secretary may require to evaluate the performance of such recipients and the efficacy of such activities. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $2,000,000,000 for each of the fiscal years 2007, 2008, 2009, 2010, and 2011.

Homeland Security Community Mobilization Act of 2006 - Establishes the Homeland Security Community Mobilization Program, under which the Secretary of Health and Human Services shall make grants to local entities in 10 metropolitan areas (including New Orleans, Louisiana) to carry out pilot projects that provide: (1) emergency response training to prepare low-income adults and youth to provide emergency assistance in metropolitan areas during disasters; (2) job training and financial assistance to families with children in school, awarding priority to families with incomes under the poverty line; (3) community education and school support; (4) juvenile delinquency prevention programs and youth counseling; (5) entrepreneurial business development training for youth; and (6) family health care information and solutions.

To establish the Homeland Security Community Mobilization Program.

SECTION 1. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) since the late 18th century, the United States textile machinery industry has played an important role in the development of the world textile industry; (2) the United States textile machinery industry currently consists of approximately 500 companies, primarily small businesses, producing machinery, parts and accessories used in the production of textile mill products for apparel, defense, furniture and industrial application; (3) the textile machinery industry is overwhelmingly comprised of firms with 50 or fewer employees; (4) the textile machinery industry is one of 92 industries in the United States considered essential to our defense needs; (5) during the last decade, the textile machinery industry has been among those industries most weakened due to a dramatic rise in imports and foreign trade barriers which thwart United States exports; (6) further erosion of the textile machinery industry will expose the United States textile and apparel complex to offshore pricing, delivery and service resulting in less competition and limited choice; (7) shipments of textile machinery, parts and accessories were approximately 26 percent lower in 1988 than in 1980, while imports rose by an astounding 100 percent during this same period; (8) such erosion of the textile machinery industry will result in loss of tariff revenue to the Treasury of the United States; (9) the textile industry is among the largest five employers in the country; (10) there are many economic benefits of the textile machinery industry, including tariffs on imports, corporate and employee taxes, preservation of jobs and small businesses, industrial growth, manufacturing skills, maintenance of basic industries, increased exports, and a lower trade deficit; (11) over the last two decades, employment in the textile machinery industry has shrunk from 28,500 individuals to 17,800; (12) recapturing the textile machinery market will be a positive contribution to the balance of trade; (13) trade impacted businesses should have direct access to capital from the source of subsidized competition; and (14) government studies recommend that research and development programs be developed to help sustain and expand the textile machinery industry. SEC. 2. TEXTILE MACHINERY MODERNIZATION FUND. Part I of title III of the Tariff Act of 1930 (19 U.S.C. 1303-1323) is amended by inserting after section 323 the following new section: ``SEC. 324. TEXTILE MACHINERY MODERNIZATION FUND. ``(a) Definitions.--For purposes of this section: ``(1) The term `Fund' means the Textile Machinery Modernization Fund established under subsection (b). ``(2) The term `qualified organization' means any entity organized under the laws of the United States with principal manufacturing facilities located in the United States that manufactures and markets any of the following for utilization by the textile industry worldwide: ``(A) Machinery. ``(B) Parts. ``(C) Accessories. ``(D) Related systems. ``(3) The term `qualified research project' means a research project, conducted within the United States, for machinery and equipment used predominantly, if not exclusively, by the textile industry, or for major capital expenditure items of the textile industry. ``(4) The term `Secretary' means the Secretary of Commerce. ``(5) The term `textile machinery and parts thereof' includes all articles provided for in subheadings 8420.10.10, 8420.91.10, 8420.99.10, 8443.50.10, and 8443.90.10 and in headings 8444 through 8449 of the Harmonized Tariff Schedule of the United States and all textile machinery and parts thereof provided for in headings 8450 through 8452 of such Schedule. ``(b) Establishment of Fund.--There is established in the Treasury of the United States the Textile Machinery Modernization Fund. The Fund consists of such amounts as may be appropriated to it. ``(c) Purposes of Fund.--Monies in the Fund shall be available, as provided for in advance in appropriation Acts, for-- ``(1) grants made in accordance with subsection (d) to qualified organizations to assist such organizations to carry out qualified research projects; and ``(2) the administration of this section, and the carrying out of textile machine industry-wide research and promotion, by the Secretary. ``(d) Grants.-- ``(1) In general.--Subject to paragraphs (3) and (4) and to such terms and conditions (including those necessary to protect the interests of the United States) as the Secretary shall by regulation prescribe, the Secretary may make one or more grants to any qualified organization for the purpose of reimbursing that organization for costs incurred by it in carrying out one or more qualified research projects. ``(2) Statements of intent.--The Secretary may in advance of any qualified organization commencing a qualified research project, provide to such organization a statement indicating the Secretary's intent to make one or more grants to such organization for the purpose of funding one or more qualified research projects. ``(3) Consultation and determinations regarding applications.--The Secretary must-- ``(A) make grants under this section in consultation with appropriate representatives from the textile and textile machinery industries and the public; and ``(B) make a determination whether or not to award any grant under this section within 12 months after the grant is applied for. ``(4) Limitations.--(A) No grant made under this section with respect to a qualified research project may exceed 60 percent of the cost of the project. ``(B) The aggregate amount of the grant or grants made to a qualified organization under this section during any fiscal year is limited to expenditures above that organization's base line average of annual expenditures during the 3 previous fiscal years for qualifying textile machinery research, development, and product engineering, as defined in section 174 of the Internal Revenue Code of 1986. Grants awarded under this section shall be excluded from baseline calculations. ``(C) If the total amount of monies available in the Fund for the payment of grants for a fiscal year is less than the total amount of the grants approved for disbursement under this section for that fiscal year, the amount of the grants paid during such year shall be equitably prorated. ``(e) Appropriations to Fund.-- ``(1) In general.--There is appropriated to the Fund for each fiscal year after fiscal year 1993, from the revenues attributable to the customs duties imposed on textile machinery and parts thereof imported into the United States during the preceding fiscal year, the greater of-- ``(A) an amount equal to 10 percent of such revenues; or ``(B) $10,000,000; of which not to exceed $500,000 shall be available for the purposes specified in subsection (c)(2). ``(2) Limitation.--The aggregate amount of monies in the Fund during any fiscal year may not exceed $10,000,000.''.

Amends the Tariff Act of 1930 to establish in the Treasury the Textile Machinery Modernization Fund. Appropriates to such fund revenues from customs duties imposed on textile machinery and parts imported into the United States in order to provide grants for research projects for the modernization of the U.S. textile machinery industry.

To amend the Tariff Act of 1930 to require that certain revenues attributable to tariffs levied on imports of textile machinery and parts thereof be applied to support research for the modernization of the American textile machinery industry.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Honest, Everyday Americans from Senseless And Needless Taxes (PHEASANT) Act of 2013''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The individual right to keep and bear arms protected by the Second Amendment to the Constitution includes the right to acquire firearms and ammunition without undue burdens. (2) Jurisdictions have imposed taxes or fees on the acquisition of firearms and ammunition that inhibit the exercise of the Second Amendment, particularly among individuals of limited means. (3) Local taxation of firearms and ammunition suppresses lawful interstate commerce that is vital to a robust Second Amendment to the Constitution. (4) The Congress has the authority to regulate interstate commerce in firearms and ammunition to ensure that States are not suppressing access to these lawful products. (5) The singling out of firearms and ammunition for special taxation as a means to suppress their acquisition is an infringement of the Second Amendment and disproportionately affects those in low income communities whose need for self- defense may be especially acute. (b) Purpose.--The purpose of this Act is to prevent States or local jurisdictions from using their taxing power to suppress lawful interstate commerce and protected constitutional activity. SEC. 3. LIMITATION ON AUTHORITY TO IMPOSE STATE AND LOCAL TAXES ON SALES OF CERTAIN FIREARMS AND AMMUNITION. No State or local government may-- (1) impose a new tax on the sale of firearms (or of any certain type of firearms) that have moved in or that otherwise affect interstate commerce, or on the sale of ammunition (or of any certain type of ammunition) that has moved in or that otherwise affects interstate commerce, if the respective State or local government does not have in effect on the date of the enactment of this Act a tax on such sale of firearms or ammunition, or (2) increase the rate of a tax imposed on the sale of firearms (or of any certain type of firearms) that have moved in or that otherwise affect interstate commerce, or on the sale of ammunition (or of any certain type of ammunition) that has moved in or that otherwise affects interstate commerce, in effect on the date of the enactment of this Act expressly applicable to such sale of firearms or ammunition. SEC. 4. LIMITATION ON AUTHORITY TO IMPOSE STATE AND LOCAL TAXES PAYABLE FOR CONDUCTING BACKGROUND CHECKS INCIDENT TO THE SALE OF FIREARMS AND AMMUNITION. No State or local government may-- (1) impose a tax payable to conduct a background check incident to the sale of firearms (or any certain type of firearms) that have moved in or that otherwise affect interstate commerce, or to the sale of ammunition (or any certain type of ammunition) that has moved in or that otherwise affects interstate commerce, if the respective State or local government does not have in effect on the date of the enactment of this Act a tax payable to conduct a background check incident to the sale of firearms or ammunition, or (2) increase the rate of a tax imposed to conduct background checks incident to the sale of firearms (or any certain type of firearms) that have moved in or that otherwise affect interstate commerce, or to the sale of ammunition (or any certain type of ammunition) that has moved in or that otherwise affects interstate commerce, in effect on the date of the enactment of this Act payable to conduct such checks. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Ammunition.--The term ``ammunition'' has the meaning given such term in section 921 of title 18 of the United States Code. (2) Background check.--The term ``background check'' means a check performed by the system then in effect under section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) or pursuant to any State law that mandates an inquiry into an individual's criminal, mental health, or other personal history as a prerequisite to the transfer or acquisition of a firearm. (3) Firearm.--The term ``firearm'' has the meaning given such term in section 921 of title 18 of the United States Code. (4) Local government.--The term ``local government'' means a political subdivision of a State. (5) Sale.--The term ``sale'' means transfer, sell, trade, or give for value or otherwise. (6) State.--The term ``State'' means any of the several States, the District of Columbia, or any commonwealth, territory, or possession of the United States. (7) Tax.--The term ``tax'' means a tax, fee, or charge payable to the State or local government. SEC. 6. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, or circumstance, is held to be unconstitutional, the remaining provisions of this Act, and the application of such provisions to any person, entity, or circumstance, shall not be affected thereby. SEC. 7. EFFECTIVE DATE; APPLICATION OF ACT. (a) Effective Date.--Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Application of Act.--This Act shall not apply with respect to any liability for taxes accrued and enforced before the date of enactment of this Act or to ongoing litigation relating to such taxes.

Protecting Honest, Everyday Americans from Senseless And Needless Taxes (PHEASANT) Act of 2013 - Prohibits a state or local government from imposing a new tax, or increasing the rate of an existing tax: (1) on the sale of ammunition or firearms that have moved in or that otherwise affect interstate commerce, or (2) payable to conduct a background check incident to the sale of such ammunition or firearms.

Protecting Honest, Everyday Americans from Senseless And Needless Taxes (PHEASANT) Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guidance Out Of Darkness Act'' or the ``GOOD Act''. SEC. 2. PURPOSE. It is the purpose of this Act to increase the transparency of agency guidance documents and to make guidance documents more readily available to the public. SEC. 3. PUBLICATION OF GUIDANCE DOCUMENTS ON THE INTERNET. (a) In General.--On the date on which an agency issues a guidance document, the head of the agency shall publish the guidance document in accordance with subsection (c). (b) Previously Issued Guidance Documents.--With respect to any guidance document issued by an agency before the effective date of this Act that is in effect on the effective date of this Act, the head of each agency shall meet the requirements of subsection (c). (c) Single Location.--The head of each agency shall: (1) Publish any guidance document issued by the agency in a single location on an online portal designated by the Director of the Office of Management and Budget. (2) With respect to a guidance document issued by an agency, include a hyperlink on the online portal of the agency that provides access to the guidance document published pursuant to paragraph (1). (3) Ensure that any guidance document published pursuant to paragraph (1) is-- (A) clearly identified as a guidance document; (B) sorted into subcategories, as appropriate; (C) published in a machine-readable and open format; and (D) searchable. (4) Ensure that any hyperlink described in paragraph (2) be prominently displayed on the online portal of the agency. (d) Rescinded Guidance Documents.--Not later than the date on which a guidance document issued by an agency is rescinded, the head of the agency shall on the online portal described in subsection (c)(1)-- (1) maintain a copy of the rescinded guidance document; and (2) indicate-- (A) that the guidance document is rescinded; and (B) the date on which the guidance document was rescinded. (e) Deadline to Designate Portal.--Not later than 30 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall designate an online portal in accordance with subsection (c)(1). SEC. 4. RULES OF CONSTRUCTION. (a) Guidance Documents.--In this Act, the term ``guidance document'' shall be construed broadly. (b) Congressional Review.--Nothing in this Act may be construed to affect whether a guidance document qualifies as a rule for purposes of chapter 8 of title 5, United States Code. SEC. 5. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. (2) Guidance document.--The term ``guidance document''-- (A) means an agency statement of general applicability (other than a rule that has the force and effect of law promulgated in accordance with the notice and public procedure under section 553 of title 5, United States Code) that-- (i) does not have the force and effect of law; and (ii) sets forth-- (I) an agency decision or a policy on a statutory, regulatory, or technical issue; or (II) an interpretation of a statutory or regulatory issue; and (B) may include any of the following: (i) A memorandum. (ii) A notice. (iii) A bulletin. (iv) A directive. (v) A news release. (vi) A letter. (vii) A blog post. (viii) A no-action letter. (ix) A speech by an agency official. (x) An advisory. (xi) A manual. (xii) A circular. (xiii) Any combination of the items described in clauses (i) through (xii). (3) Rule.--The term ``rule'' has the meaning given that term in section 551 of title 5, United States Code. SEC. 6. EFFECTIVE DATE. Except as provided in section 3(e), this Act shall take effect on the date that is 180 days after the date of the enactment of this Act. Passed the House of Representatives September 26, 2018. Attest: KAREN L. HAAS, Clerk.

Guidance Out Of Darkness Act or the GOOD Act (Sec. 3) This bill requires an agency to: (1) publish guidance documents online on the dates they are issued, (2) publish all of its guidance documents that are in effect in a single location on an online portal designated by the Office of Management and Budget (OMB), and (3) display a hyperlink on the agency's online portal that provides access to the guidance documents. The documents must be identified as guidance documents, sorted into subcategories, published in a machine-readable and open format, and searchable. On the date a guidance document is rescinded, an agency must add an indication on the online portal designated by OMB that the guidance document is rescinded and the date on which it was rescinded. OMB must designate an online portal within 30 days.

Guidance Out Of Darkness Act

SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Small Business/ Family Farm and Investment Fairness Act of 1997''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. PHASEOUT OF CAPITAL GAINS RATE FOR INDIVIDUALS. (a) In General.--Subsection (h) of section 1 (relating to maximum capital gains rate) is amended to read as follows: ``(h) Maximum Capital Gains Rate.-- ``(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, plus ``(B) a tax equal to the applicable percentage of the net capital gain. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means the percentage determined in accordance with the following table: The applicable For taxable years beginning in: percentage is: 1997.......................................... 14 1998.......................................... 13 1999.......................................... 12 2000.......................................... 11 2001.......................................... 10 2002.......................................... 9 2003.......................................... 8 2004.......................................... 7 2005.......................................... 6 2006.......................................... 5 2007.......................................... 4 2008.......................................... 3 2009.......................................... 2 2010.......................................... 1 2011 or thereafter............................ 0. ``(3) Net capital gain taken into account as investment income.--For purposes of this subsection, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer elects to take into account as investment income under section 163(d)(4)(B)(iii).'' (b) Minimum Tax.-- (1) In general.--Subparagraph (A) of section 55(b)(1) is amended by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively, and by inserting after clause (i) the following new clause: ``(ii) Maximum rate of tax on net capital gain.--The amount determined under the first sentence of clause (i) shall not exceed the sum of-- ``(I) the amount determined under such first sentence computed at the rates and in the same manner as if this clause had not been enacted on the taxable excess reduced by the net capital gain, plus ``(II) a tax equal to the applicable percentage (as defined in section 1(h)) of the lesser of the net capital gain or the taxable excess.'' (2) Conforming amendment.--Clause (iii) of section 55(a)(1)(A) (as redesignated by paragraph (1)) is amended by striking ``clause (i)'' and inserting ``this subparagraph''. (c) Conforming Amendments.-- (1) Section 1202 (relating to 50-percent exclusion for gain from certain small business stock) is hereby repealed. (2)(A) Subsection (a) of section 57 is amended by striking paragraph (7). (B) Subclause (II) of section 53(d)(1)(B)(ii) is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (3) Paragraph (1) of section 170(e) of such Code is amended-- (A) by striking ``the amount of gain'' in the material following subparagraph (B)(ii) and inserting ``the appropriate percentage of the amount of gain'', and (B) by adding at the end the following new sentence: ``For purposes of subparagraph (B), the term `appropriate percentage' means the percentage equal to the fraction the numerator of which is the applicable percentage under section 1(h) or 1201(b) (whichever is appropriate) over 28 percent (35 percent in the case of a corporation).'' (4) Paragraph (2) of section 172(d) is amended to read as follows: ``(2) Capital gains and losses of taxpayers other than corporations.--In the case of a taxpayer other than a corporation, the amount deductible on account of losses from sales or exchanges of capital assets shall not exceed the amount includible on account of gains from sales or exchanges of capital assets.'' (5) Paragraph (4) of section 642(c) is amended by striking the first sentence. (6) Paragraph (3) of section 643(a) is amended by striking the last sentence. (7) Paragraph (4) of section 691(c) is amended by striking ``1202,''. (8) The second sentence of section 871(a)(2) is amended by striking ``such gains and losses shall be determined without regard to section 1202 and''. (9) Subsection (a) of section 1044 is amended by striking the last sentence. (10) Paragraph (1) of section 1445(e) is amended by striking ``28 percent'' and inserting ``the applicable percentage under section 1(h)''. (11) Section 6652 is amended by striking subsection (k) and by redesignating subsections (l) and (m) as subsections (k) and (l), respectively. (12)(A) The second sentence of section 7518(g)(6)(A) is amended by striking ``28 percent'' and all that follows and inserting ``the applicable percentage under the appropriate such section.''. (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936 is amended by striking ``28 percent'' and all that follows and inserting ``the applicable percentage under the appropriate such section.''. (13) The table of sections for part I of subchapter P of chapter 1 is amended by striking the item relating to section 1202. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 1996. (2) Withholding.--The amendment made by subsection (c)(10) shall apply to amounts paid after the date of the enactment of this Act. SEC. 3. PHASEDOWN OF CAPITAL GAINS RATE FOR CORPORATIONS. (a) In General.--Section 1201 is amended to read as follows: ``SEC. 1201. ALTERNATIVE TAX FOR CORPORATIONS. ``(a) General Rule.--If for any taxable year a corporation has a net capital gain, then, in lieu of the tax imposed by sections 11, 511, and 831 (a) and (b) (whichever is applicable), there is hereby imposed a tax (if such tax is less than the tax imposed by such sections) which shall consist of the sum of-- ``(1) a tax computed on the taxable income reduced by the amount of the net capital gain, at the rates and in the manner as if this subsection had not been enacted, plus ``(2) a tax equal to the applicable percentage of the net capital gain. ``(b) Applicable Percentage.--For purposes of paragraph (1), the term `applicable percentage' means the percentage determined in accordance with the following table: The applicable For taxable years beginning in: percentage is: 1997.......................................... 28 1998.......................................... 27 1999.......................................... 26 2000.......................................... 25 2001.......................................... 24 2002.......................................... 23 2003.......................................... 22 2004.......................................... 21 2005.......................................... 20 2006.......................................... 19 2007.......................................... 18 2008.......................................... 17 2009.......................................... 16 2010.......................................... 15 2011 or thereafter............................ 14. ``(c) Cross References.-- ``For computation of the alternative tax-- ``(1) in the case of life insurance companies, see section 801(a)(2), ``(2) in the case of regulated investment companies and their shareholders, see section 852(b)(3) (A) and (D), and ``(3) in the case of real estate investment trusts, see section 857(b)(3)(A).'' (b) Minimum Tax.--Subparagraph (B) of section 55(b)(1) is amended to read as follows: ``(B) Corporations.-- ``(i) In general.--In the case of a corporation, the tentative minimum tax for the taxable year is-- ``(I) 20 percent of so much of the alternative minimum taxable income for the taxable year as exceeds the exemption amount, reduced by ``(II) the alternative minimum tax foreign tax credit for the taxable year. ``(ii) Maximum rate of tax on net capital gain.--If for any taxable year the applicable percentage under section 1201(b) is less than 20 percent, the amount determined under subclause (I) of clause (i) for such taxable year shall not exceed the sum of-- ``(I) the amount determined under such subclause computed at the rates and in the same manner as if this clause had not been enacted on the excess described in such subclause reduced by the net capital gain, plus ``(II) a tax equal to the applicable percentage (as defined in section 1201(b)) of the lesser of the net capital gain or such excess.'' (c) Technical Amendments.-- (1) Clause (iii) of section 852(b)(3)(D) is amended-- (A) by striking ``65 percent'' and inserting ``the appropriate percentage'', and (B) by adding at the end the following new sentence: ``For purposes of this clause, the term `appropriate percentage' means the percentage equal to the excess of 100 percent over the applicable percentage under section 1201(b).'' (2) Subsection (e) of section 1445 is amended by striking ``35 percent'' each place it appears and inserting ``the applicable percentage under section 1201(b)''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years ending after December 31, 1996. (2) Withholding.--The amendment made by subsection (c)(2) shall apply to amounts paid after the date of the enactment of this Act. (e) Transitional Rule.-- (1) In general.--In the case of any taxable year ending after December 31, 1996, and beginning on or before such date, paragraph (2) of section 1201(a) of the Internal Revenue Code of 1986 (as amended by this section) shall be applied as if it read as follows: ``(2) the sum of-- ``(A) a tax of 28 percent of the lesser of-- ``(i) the net capital gain for the taxable year, or ``(ii) the net capital gain taking into account only gain or loss properly taken into account for the portion of the taxable year after December 31, 1996, plus ``(B) a tax of 35 percent of the excess of-- ``(i) the net capital gain for the taxable year, over ``(ii) the amount of net capital gain taken into account under subparagraph (A).'' (2) Special rule for pass-thru entities.-- (A) In general.--In applying paragraph (1) with respect to any pass-thru entity, the determination of when gains and losses are properly taken into account shall be made at the entity level. (B) Pass-thru entity defined.--For purposes of subparagraph (A), the term ``pass-thru entity'' means-- (i) a regulated investment company, (ii) a real estate investment trust, (iii) an S corporation, (iv) a partnership, (v) an estate or trust, and (vi) a common trust fund. SEC. 4. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDIT. (a) In General.-- (1) Subsection (a) of section 2010 (relating to unified credit against estate tax) is amended by striking ``$192,800'' and inserting ``the applicable credit amount''. (2) Section 2010 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Applicable Credit Amount.--For purposes of this section, the applicable credit amount is the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were $1,000,000.'' (3) Paragraph (1) of section 6018(a) is amended by striking ``$600,000'' and inserting ``$1,000,000''. (4) Paragraph (2) of section 2001(c) is amended by striking ``$21,040,000'' and inserting ``the amount at which the average tax rate under this section is 55 percent''. (5) Subparagraph (A) of section 2102(c)(3) is amended by striking ``$192,800'' and inserting ``the applicable credit amount under section 2010(c)''. (b) Unified Gift Tax Credit.--Paragraph (1) of section 2505(a) is amended by striking ``$192,800'' and inserting ``the applicable credit amount under section 2010(c)''. (c) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying, and gifts made, after the date of the enactment of this Act. SEC. 5. INCREASE IN MAXIMUM BENEFIT UNDER SPECIAL ESTATE TAX VALUATION RULES FOR CERTAIN FARM, ETC., REAL PROPERTY. (a) In General.--Paragraph (2) of section 2032A(a) (relating to limitation on aggregate reduction in fair market value) is amended by striking ``$750,000'' and inserting ``$1,000,000''. (b) Effective Date.--The amendment made by subsection (a) shall apply to decedents dying after the date of the enactment of this Act.

Small Business-Family Farm and Investment Fairness Act of 1997 - Amends the Internal Revenue Code to: (1) phaseout the capital gains tax for individuals; (2) phasedown the capital gains rate for corporations; (3) increase the unified estate and gift tax credit; and (5) increase the maximum benefit under the special estate tax valuation rules for certain real and farm property.

Small Business-Family Farm and Investment Fairness Act of 1997

SECTION 1. FINDINGS. The Congress finds that-- (1) increased parental involvement in the education of their children appears to be the key to long-term gains for youngsters; (2) providing seed money is an appropriate role for the Federal Government to play in education; (3) children participating in the parents as teachers program in Missouri are found to have increased cognitive or intellectual skills, language ability, social skills and other predictors of school success; (4) most early childhood programs begin at age 3 or 4 when remediation may already be necessary; and (5) many children receive no health screening between birth and the time they enter school, thus such children miss the opportunity of having developmental delays detected early. SEC. 2. STATEMENT OF PURPOSE. It is the purpose of this Act to encourage States and eligible entities to develop and expand parent and early childhood education programs in an effort to-- (1) increase parents' knowledge of and confidence in child- rearing activities, such as teaching and nurturing their young children; (2) strengthen partnerships between parents and schools; and (3) enhance the developmental progress of participating children. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the term ``developmental screening'' means the process of measuring the progress of children to determine if there are problems or potential problems or advanced abilities in the areas of understanding and use of language, perception through sight, perception through hearing, motor development and hand- eye coordination, health, and physical development; (2) the term ``eligible entity'' means an entity in a State operating a parents as teachers program on the date of enactment of this Act; (3) the term ``eligible family'' means any parent with one or more children between birth and 3 years of age; (4) the term ``lead agency'' means-- (A) except as provided in subparagraph (B), the office, agency, or other entity in a State designated by the Governor to administer the parents as teachers program authorized by this Act; or (B) in the case of a grant awarded under this Act to an eligible entity, such eligible entity; (5) the term ``parent education'' includes parent support activities, the provision of resource materials on child development and parent-child learning activities, private and group educational guidance, individual and group learning experiences for the parent and child, and other activities that enable the parent to improve learning in the home; and (6) the term ``parent educator'' means a person hired by the lead agency of a State or designated by local entities who administers group meetings, home visits and developmental screening for eligible families, and is trained by the Parents As Teachers National Center established under section 7. SEC. 4. PROGRAM ESTABLISHED. (a) Authority.-- (1) In general.--The Secretary is authorized to make grants in order to pay the Federal share of the cost of establishing, expanding, or operating parents as teachers programs in a State. (2) Eligible recipients.--The Secretary may make a grant under paragraph (1) to a State, except that, in the case of a State having an eligible entity, the Secretary shall make the grant directly to the eligible entity. (b) Funding Rule.--Grant funds awarded under this section shall be used so as to supplement, and to the extent practicable, increase the level of funds that would, in the absence of such funds, be made available from non-Federal sources, and in no case may such funds be used so as to supplant funds from non-Federal sources. SEC. 5. PROGRAM REQUIREMENTS. (a) Requirements.--Each State or eligible entity receiving a grant pursuant to section 4 shall conduct a parents as teachers program which-- (1) establishes and operates parent education programs, including programs of developmental screening of children; and (2) designates a lead State agency which-- (A) shall hire parent educators who have had supervised experience in the care and education of children; (B) shall establish the number of group meetings and home visits required to be provided each year for each participating family, with a minimum of 2 group meetings and 10 home visits for each participating family; (C) shall be responsible for administering the periodic screening of participating children's educational, hearing and visual development, using the Denver Developmental Test, Zimmerman Preschool Language Scale, or other approved screening instruments; and (D) shall develop recruitment and retention programs for hard-to-reach populations. (b) Limitation.--Grant funds awarded under this Act shall only be used for parents as teachers programs which serve families during the period beginning with the birth of a child and ending when the child attains the age of 3. SEC. 6. SPECIAL RULES. Notwithstanding any other provision of this section-- (1) no person, including home school parents, public school parents, or private school parents, shall be required to participate in any program of parent education or developmental screening pursuant to the provisions of this Act; (2) no parents as teachers program assisted under this Act shall take any action that infringes in any manner on the right of parents to direct the education of their children; and (3) the provisions of section 438(c) of the General Education Provisions Act shall apply to States and eligible entities awarded grants under this Act. SEC. 7. PARENTS AS TEACHERS NATIONAL CENTER. The Secretary shall establish a Parents As Teachers National Center to disseminate information to, and provide technical and training assistance to, States and eligible entities establishing and operating parents as teachers programs. SEC. 8. EVALUATIONS. The Secretary shall complete an evaluation of the parents as teachers programs assisted under this Act within 4 years from the date of enactment of this Act, including an assessment of such programs' impact on at-risk children. SEC. 9. APPLICATION. Each State or eligible entity desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner and accompanied by such information as the Secretary may reasonably require. Each such application shall describe the activities and services for which assistance is sought. SEC. 10. PAYMENTS AND FEDERAL SHARE. (a) Payments.--The Secretary shall pay to each State or eligible entity having an application approved under section 9 the Federal share of the cost of the activities described in the application. (b) Federal Share.-- (1) In general.--The Federal share-- (A) for the first year for which a State or eligible entity receives assistance under this Act shall be 100 percent; (B) for the second such year shall be 100 percent; (C) for the third such year shall be 75 percent; (D) for the fourth such year shall be 50 percent; and (E) for the fifth such year shall be 25 percent. (2) Non-federal share.--The non-Federal share of payments under this Act may be in cash or in kind, fairly evaluated, including planned equipment or services. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $20,000,000 for fiscal year 1993, and such sums as may be necessary for each of the fiscal years 1994 through 1997, to carry out this Act.

Authorizes the Secretary of Education to make grants to States and eligible entities for parents as teachers programs. Makes any State eligible for such a grant, except that the grant must be made directly to an eligible entity already operating a parents as teachers program if such an entity exists in the State on the date of enactment of this Act. Sets forth program requirements, limiting services to families during the period from birth to the child's attaining age three. Directs the Secretary to: (1) establish a Parents as Teachers National Center for information dissemination and technical and training assistance for States and eligible entities establishing and operating such programs; and (2) evaluate such programs within four years. Provides for a declining Federal share of program costs. Authorizes appropriations.

A bill to establish parents as teachers programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Genetic Information Nondiscrimination in Health Insurance Act of 1995''. SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION. (a) In General.--An insurance provider may not deny or cancel health insurance coverage, or vary the premiums, terms, or conditions for health insurance coverage, for an individual or a family member of an individual-- (1) on the basis of genetic information; or (2) on the basis that the individual or family member of an individual has requested or received genetic services. (b) Limitation on Collection and Disclosure of Information.-- (1) In general.--An insurance provider may not request or require an individual to whom the provider provides health insurance coverage, or an individual who desires the provider to provide health insurance coverage, to disclose to the provider genetic information about the individual or family member of the individual. (2) Requirement of prior authorization.--An insurance provider may not disclose genetic information about an individual without the prior written authorization of the individual or legal representative of the individual. Such authorization is required for each disclosure and shall include an identification of the person to whom the disclosure would be made. (c) Enforcement.-- (1) Plans other than employee health benefit plans.--The requirements established under subsections (a) and (b) shall be enforced by the State insurance commissioner for the State involved or the official or officials designated by the State, except that in no case shall a State enforce such requirements as they relate to employee health benefit plans. (2) Employee health benefit plans.--With respect to employee health benefit plans, the Secretary shall enforce the requirements established under subsections (a) and (b) in the same manner as provided for under sections 502, 504, 506, and 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140). (3) Private right of action.--A person may bring a civil action-- (A) to enjoin any act or practice which violates subsection (a) or (b), (B) to obtain other appropriate equitable relief (i) to redress such violations, or (ii) to enforce any such subsections, or (C) to obtain other legal relief, including monetary damages. (4) Jurisdiction.--State courts of competent jurisdiction and district courts of the United States have concurrent jurisdiction of actions under this subsection. The district courts of the United States shall have jurisdiction, without respect to the amount in controversy or the citizenship of the parties, to grant the relief provided for in paragraph (3) in any action. (5) Venue.--For purposes of this subsection the venue provisions of section 1391 of title 28, United States Code, shall apply. (6) Regulations.--The Secretary may promulgate such regulations as may be necessary or appropriate to carry out this section. (d) Applicability.-- (1) Preemption of state law.--A State may establish or enforce requirements for insurance providers or health insurance coverage with respect to the subject matter of this section, but only if such requirements are more restrictive than the requirements established under subsections (a) and (b). (2) Rule of construction.--Nothing in this section shall be construed to affect or modify the provisions of section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144). (3) Continuation.--Nothing in this section shall be construed as requiring a group health plan or an employee health benefit plan to provide benefits to a particular participant or beneficiary. (e) Definitions.--For purposes of this Act: (1) Employee health benefit plan.--The term ``employee health benefit plan'' means any employee welfare benefit plan, governmental plan, or church plan (as defined under paragraphs (1), (32), and (33) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002)) that provides or pays for health insurance coverage (such as provider and hospital benefits) whether-- (A) directly; (B) through a group health plan; or (C) otherwise. (2) Family member.--The term ``family member'' means, with respect to an individual, another individual related by blood to that individual. (3) Genetic information.--The term ``genetic information'' means information about genes, gene products, or inherited characteristics. (4) Genetic services.--The term ``genetic services'' means health services to obtain, assess, and interpret genetic information for diagnostic and therapeutic purposes, and for genetic education and counselling. (5) Group health plan.--The term ``group health plan'' has the meaning given such term in section 607 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167), and includes a multiple employer welfare arrangement (as defined in section 3(40) of such Act) that provides health insurance coverage. (6) Health insurance coverage.--The term ``health insurance coverage'' means a contractual arrangement for the provision of a payment for health care, including-- (A) a group health plan; and (B) any other health insurance arrangement, including any arrangement consisting of a hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance organization subscriber contract. (7) Individual health plan.--The term ``individual health plan'' means any health insurance coverage offered to individuals that is not a group health plan. (8) Insurance provider.--The term ``insurance provider'' means an insurer or other entity providing health insurance coverage. (9) Person.--The term ``person'' includes corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals. (10) Secretary.--The term ``Secretary'' means the Secretary of Labor. (11) State.--The term ``State'' means any of the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and Guam. (f) Technical Amendment.--Section 508 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1138) is amended by inserting ``and under the Genetic Insurance Nondiscrimination in Health Insurance Act of 1995'' before the period. (g) Effective Date.--This section shall apply to health insurance coverage offered or renewed on or after the end of the 90-day period beginning on the date of the enactment of this Act.

Genetic Information Nondiscrimination in Health Insurance Act of 1995 - Prohibits insurance providers from: (1) denying or canceling health insurance coverage or varying the premiums, terms, or conditions of coverage on the basis of genetic information or on the basis that the individual or family involved has requested or received genetic services; (2) requesting or requiring insured individuals or applicants to disclose genetic information; or (3) disclosing genetic information without prior written authorization. Provides for enforcement by the Secretary of Labor regarding employee health benefit plans and by State insurance commissioners in other cases. Allows a private right of action. Allows a State to establish or enforce requirements only if they are more restrictive than this Act.

Genetic Information Nondiscrimination in Health Insurance Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Postal Service Accountability Act of 2012''. SEC. 2. CLOSING OR CONSOLIDATION OF POST OFFICES. (a) Economic Effects.--Section 404(d)(2)(A)(i) of title 39, United States Code, is amended by striking the semicolon and inserting ``, including any economic effects;''. (b) Increase in Length of Waiting Period.--Section 404(d)(4) of title 39, United States Code, is amended by striking ``60'' and inserting ``120''. (c) Specific Basis To Exercise Authority To Set Aside.-- Subparagraph (C) of section 404(d)(5) of title 39, United States Code, is amended to read as follows: ``(C) unsupported by substantial evidence on the record, including any determination, finding, or conclusion of the Postal Service with respect to clause (i), (ii), (iii), or (iv) of paragraph (2)(A) (each of which clauses the Postal Service shall specifically address under paragraph (3) with respect to the post office involved).''. (d) PRC Concurrence Required.--Section 404(d) of title 39, United States Code, is amended by adding at the end the following: ``(7) If an appeal is filed under paragraph (5) with respect to the closure or consolidation of a post office, the Postal Service may not proceed with its determination to close or consolidate such post office without the written concurrence of at least 3 of the Commissioners.''. (e) Review.--Section 404(d) of title 39, United States Code, is amended by adding after paragraph (7) (as added by subsection (d)) the following: ``(8) Within 1 year after the date on which a post office is closed or consolidated, the Postal Service shall conduct a review and make public its findings and determinations in regard to-- ``(A) the accuracy of the findings which the Postal Service had made earlier, with respect to the considerations under paragraph (2)(A), in connection with the proposed closing or consolidation of such post office; and ``(B) what substitute services are being provided for those previously provided by the post office that was closed or consolidated, and whether those substitute services are meeting community needs.''. SEC. 3. PROVISIONS RELATING TO CERTAIN OTHER FACILITIES. Section 404 of title 39, United States Code, is amended by adding at the end the following: ``(f)(1) The Postal Service, prior to making a determination as to the necessity for the closing or consolidation of any mail processing facility, shall provide adequate notice of its intention to close or consolidate such mail processing facility at least 60 days prior to the proposed date of such closing or consolidation to the employees at that facility and the community in which such facility is located to ensure that such persons will have an opportunity to present their views. ``(2) The Postal Service, in making a determination whether or not to close or consolidate a mail processing facility-- ``(A) shall consider-- ``(i) the effect of such closing or consolidation on the community in which such facility is located, including any economic effects; ``(ii) the effect of such closing or consolidation on employees of the Postal Service employed at such facility; ``(iii) whether such closing or consolidation is consistent with the policy of the Government, as stated in section 101(b), that the Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining; ``(iv) the economic savings to the Postal Service resulting from such closing or consolidation; and ``(v) such other factors as the Postal Service determines are necessary; and ``(B) may not consider compliance with any provision of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). ``(3) Any determination of the Postal Service to close or consolidate a mail processing facility shall be in writing and shall include the findings of the Postal Service with respect to the considerations required to be made under paragraph (2). Such determination and findings shall be made available to employees at the facility and the community in which such facility is located. ``(4) The Postal Service shall take no action to close or consolidate a mail processing facility until 120 days after its written determination is made available to employees of that facility and the community in which such facility is located. ``(5) A determination of the Postal Service to close or consolidate any mail processing facility may be appealed to the Postal Regulatory Commission, by any employee at such facility or member of the community in which such facility is located, within 30 days after such determination is made available to such person under paragraph (3). The Commission shall review such determination on the basis of the record before the Postal Service in the making of such determination. The Commission shall make a determination based upon such review no later than 120 days after receiving any appeal under this paragraph. The Commission shall set aside any determination, findings, and conclusions found to be-- ``(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law; ``(B) without observance of procedure required by law; or ``(C) unsupported by substantial evidence on the record, including any determination, finding, or conclusion of the Postal Service with respect to clause (i), (ii), (iii), or (iv) of paragraph (2)(A) (each of which clauses the Postal Service shall specifically address under paragraph (3) with respect to the facility involved). The Commission may affirm the determination of the Postal Service or order that the entire matter be returned for further consideration, but the Commission may not modify the determination of the Postal Service. The Commission may suspend the effectiveness of the determination of the Postal Service until the final disposition of the appeal. The provisions of section 556, section 557, and chapter 7 of title 5 shall not apply to any review carried out by the Commission under this paragraph. ``(6) For purposes of paragraph (5), any appeal received by the Commission shall-- ``(A) if sent to the Commission through the mails, be considered to have been received on the date of the Postal Service postmark on the envelope or other cover in which such appeal is mailed; or ``(B) if otherwise lawfully delivered to the Commission, be considered to have been received on the date determined based on any appropriate documentation or other indicia (as determined under regulations of the Commission). ``(7) If an appeal is filed under paragraph (5) with respect to the closure or consolidation of a mail processing facility, the Postal Service may not proceed with its determination to close or consolidate such facility without the written concurrence of at least 3 of the Commissioners. ``(8) Within 1 year after the date on which a mail processing facility is closed or consolidated, the Postal Service shall conduct a review and make public its findings and determinations in regard to-- ``(A) the accuracy of the findings which the Postal Service had made earlier, with respect to the considerations under paragraph (2)(A), in connection with the proposed closing or consolidation of such facility; and ``(B) what substitute services are being provided for those previously provided by the facility that was closed or consolidated, and whether those substitute services are meeting community needs. ``(9) For purposes of this subsection, the term `mail processing facility' means a processing and distribution center, processing and distribution facility, network distribution center, or other facility which is operated by the Postal Service, and the primary function of which is to sort and process mail.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to closings and consolidations taking effect on or after the date of the enactment of this Act.

Postal Service Accountability Act of 2012 - Directs the U.S. Postal Service (USPS), in making a determination whether to close or consolidate a post office, to consider the economic effects on the community served by such post office. Increases from 60 to 120 days the waiting period during which the USPS is prohibited from taking action to close or consolidate a post office after its written determination is made available to persons served by such post office. Establishes a waiting period and appeal procedures for USPS determinations to close or consolidate mail processing facilities. (Current law addresses such procedures only with respect to post offices.) Permits facility employees or members of the community in which such a facility is located to appeal to the Postal Regulatory Commission (PRC) any USPS determination to close or consolidate a mail processing facility. Requires the USPS to consider, among other factors, whether a closing or consolidation is consistent with the policy to provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining. Specifies, upon an appeal of a USPS determination to close or consolidate a post office or mail processing facility, that the PRC's authority to set aside the USPS determination includes a determination by the PRC that USPS conclusions with respect to specific factors are unsupported by substantial evidence on the record. Prohibits the USPS, if an appeal is filed, from closing or consolidating a post office or mail processing facility without the written concurrence of at least three PRC Commissioners. Requires the USPS, within one year after a post office or mail processing facility is closed or consolidated, to review and make public its findings in regard to the accuracy of its earlier findings and whether substitute services are meeting community needs.

To amend title 39, United States Code, to allow the Postal Regulatory Commission to set aside determinations by the United States Postal Service to close or consolidate postal facilities that would deny essential postal services to rural areas, communities, or small towns, and for other purposes.

SECTION 1. WASHOE TRIBE LAND CONVEYANCE. (a) Findings.--Congress finds that-- (1) the ancestral homeland of the Washoe Tribe of Nevada and California (referred to in this Act as the ``Tribe'') included an area of approximately 5,000 square miles in and around Lake Tahoe, California and Nevada, and Lake Tahoe was the heart of the territory; (2) in 1997, Federal, State, and local governments, together with many private landholders, recognized the Washoe people as indigenous people of Lake Tahoe Basin through a series of meetings convened by those governments at 2 locations in Lake Tahoe; (3) the meetings were held to address protection of the extraordinary natural, recreational, and ecological resources in the Lake Tahoe region; (4) the resulting multiagency agreement includes objectives that support the traditional and customary uses of National Forest System land by the Tribe; and (5) those objectives include the provision of access by members of the Tribe to the shore of Lake Tahoe in order to reestablish traditional and customary cultural practices. (b) Purposes.--The purposes of this Act are-- (1) to implement the joint local, State, tribal, and Federal objective of returning the Tribe to Lake Tahoe; and (2) to ensure that members of the Tribe have the opportunity to engage in traditional and customary cultural practices on the shore of Lake Tahoe to meet the needs of spiritual renewal, land stewardship, Washoe horticulture and ethnobotany, subsistence gathering, traditional learning, and reunification of tribal and family bonds. (c) Conveyance on Condition Subsequent.--Subject to valid existing rights, the easement reserved under subsection (d), and the condition stated in subsection (e), the Secretary of Agriculture shall convey to the Secretary of the Interior, in trust for the Tribe, for no consideration, all right, title, and interest in the parcel of land comprising approximately 24.3 acres, located within the Lake Tahoe Basin Management Unit north of Skunk Harbor, Nevada, and more particularly described as Mount Diablo Meridian, T15N, R18E, section 27, lot 3. (d) Easement.-- (1) In general.--The conveyance under subsection (c) shall be made subject to reservation to the United States of a nonexclusive easement for public and administrative access over Forest Development Road #15N67 to National Forest System land, to be administered by the Secretary of Agriculture. (2) Access by individuals with disabilities.--The Secretary of Agriculture shall provide a reciprocal easement to the Tribe permitting vehicular access to the parcel over Forest Development Road #15N67 to-- (A) members of the Tribe for administrative and safety purposes; and (B) members of the Tribe who, due to age, infirmity, or disability, would have difficulty accessing the conveyed parcel on foot. (e) Condition on Use of Land.-- (1) In general.--In using the parcel conveyed under subsection (c), the Tribe and members of the Tribe-- (A) shall limit the use of the parcel to traditional and customary uses and stewardship conservation for the benefit of the Tribe; (B) shall not permit any permanent residential or recreational development on, or commercial use of, the parcel (including commercial development, tourist accommodations, gaming, sale of timber, or mineral extraction); and (C) shall comply with environmental requirements that are no less protective than environmental requirements that apply under the Regional Plan of the Tahoe Regional Planning Agency. (2) Termination and reversion.--If the Secretary of the Interior, after notice to the Tribe and an opportunity for a hearing, based on monitoring of use of the parcel by the Tribe, makes a finding that the Tribe has used or permitted the use of the parcel in violation of paragraph (1) and the Tribe fails to take corrective or remedial action directed by the Secretary of the Interior-- (A) title to the parcel in the Secretary of the Interior, in trust for the Tribe, shall terminate; and (B) title to the parcel shall revert to the Secretary of Agriculture. Passed the Senate August 1, 2002. Attest: JERI THOMSON, Secretary.

Directs the Secretary of Agriculture to convey certain land in the Lake Tahoe Basin Management Unit, Nevada, to the Secretary of the Interior, in trust for the Washoe Tribe of Nevada and California.Reserves for the United States a nonexclusive easement for public and administrative access to National Forest System land. Requires the Secretary to provide a reciprocal easement to the Tribe for vehicular access to such land to accommodate: (1) individuals with disabilities or who would otherwise have access difficulties; and (2) administrative or safety needs.Requires the Tribe to: (1) limit the use of the conveyed land to traditional and customary uses and stewardship conservation; (2) not permit any permanent or recreational development on, or commercial use of, such land (including commercial development, tourist accommodations, gaming, sale of timber, or mineral extraction); and (3) comply with environmental requirements that are no less protective than those that apply under the Regional Plan of the Tahoe Regional Planning Agency.

A bill to direct the Secretary of Agriculture to convey certain land in the Lake Tahoe Basin Management Unit, Nevada, to the Secretary of the Interior, in trust for the Washoe Indian Tribe of Nevada and California.

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 by adding at the end the following new sections: ``SEC. 7. LABELING OF TEXTILE FIBER AND OTHER PRODUCTS. ``(a) In General.--No product, including textile fiber products, 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 product was paid a wage equal to or greater than the wage set by the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.); ``(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 does not employ individuals under conditions of indentured servitude. ``(b) Result of Noncompliance Regarding Textile Fiber Products.--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) Definitions.--For purposes of the section: ``(1) Direct labor.--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. ``(2) Indentured servitude.--The term `indentured servitude' includes all labor for which an alien worker is in the Commonwealth of the Northern Mariana Islands solely by virtue of an employment contract with a specific and sole employer or `master' who is in control of the duration of the stay of the indentured alien worker in the Commonwealth of the Northern Mariana Islands. If the worker displeases the employer/master, the contract is terminated and the employee must leave the Commonwealth of the Northern Mariana Islands. ``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) until the beginning of the day that is 30 days after the date of the enactment of this Act, the minimum wage applicable to the Commonwealth of the Northern Mariana Islands shall be $3.55 per hour; ```(2) on the day that is 30 days after the date of the enactment of this Act, and every six months thereafter, the minimum wage applicable to the Commonwealth of the Northern Mariana Islands shall be $1.00 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 the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.); ``(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 does not employ individuals under conditions of indentured servitude; and ``(4) 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: ``(1) Direct labor.--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. ``(2) Indentured servitude.--The term `indentured servitude' includes all labor for which an alien worker is in the Commonwealth of the Northern Mariana Islands solely by virtue of an employment contract with a specific and sole employer or `master' who is in control of the duration of the stay of the indentured alien worker in the Commonwealth of the Northern Mariana Islands. If the worker displeases the employer/master, the contract is terminated and the employee must leave the Commonwealth of the Northern Mariana Islands. ``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) 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) The Attorney General may adjust the status of an alien described in subparagraph (B) to that of an alien lawfully admitted for permanent residence if the alien-- ```(i) applies for such adjustment; ```(ii) is physically present in the Commonwealth of the Northern Mariana Islands on the date such application is filed; ```(iii) is admissible to the United States as an immigrant; ```(iv) during the 5-year period preceding such application, has been and still is a person of good moral character; ```(v) has not accepted or continued in unauthorized employment in the Commonwealth of the Northern Mariana Islands prior to filing such application, is not in unlawful immigration status on the date of filing such application, and has not failed (other than through no fault of the alien or for technical reasons) to maintain continuously a lawful status since entry into the Commonwealth of the Northern Mariana Islands; and ```(vi) establishes to the satisfaction of the Attorney General that the denial of such application would result in exceptional and extremely unusual hardship to the alien. ```(B) The benefits provided by subparagraph (A) shall apply to any alien who-- ```(i) during the 4-year period preceding the date of the enactment of the United States-Commonwealth of the Northern Marianas Human Dignity Act, was continuously 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; or ```(ii) is the alien spouse or minor child of an alien described in clause (i). ```(C) When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this paragraph, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act and the Attorney General shall not be required to charge the alien any fee. ```(D) The definitions contained in the Immigration and Nationality Act shall apply in the administration of this paragraph. Nothing contained in this paragraph shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this paragraph shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible. ```(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, on the day preceding 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 such relatives were authorized to accompany or follow to join the alien)-- ```(i) paragraph (1) shall apply to the alien beginning after the earlier of-- ```(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; or ```(III) the date on which the status of the alien is adjusted to that of an alien lawfully admitted for permanent residence under paragraph (2); and ```(ii) if otherwise eligible, the alien may apply for adjustment of status under paragraph (2) beginning on the effective date of such paragraph. ```(4) When deploying personnel to enforce the provisions of this subsection, 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. RATE OF WAGES FOR LABORERS AND MECHANICS. No Federal assistance of any kind, including funds made available through Acts of appropriation, may be used for or in relation to any project for construction, alteration, or repair (including painting and decorating) of public buildings or public works within the geographical limits of the Northern Mariana Islands and which requires or involves the employment of mechanics or laborers shall unless the project is subject to a contract that contains the following: (1) A provision requiring that the minimum wages to be paid the laborers and mechanics working on or in relation to the project shall be at a rate set by the Secretary of Labor that is not less than the minimum wage set forth in section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206). (2) A provision requiring the contractor or his subcontractor to pay all mechanics and laborers employed directly upon the site of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the contract, regardless of any contractual relationship which may be alleged to exist between the contractor or subcontractor and such laborers and mechanics. (3) A provision requiring that the scale of wages to be paid shall be posted by the contractor in a prominent and easily accessible place at the site of the work in English and the predominant language of each worker. (4) A provision requiring that there shall be withheld from the contractor so much of accrued payments as may be considered necessary by the contracting officer to pay to laborers and mechanics employed by the contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and the rates of wages received by such laborers and mechanics and not refunded to the contractor, subcontractors, or their agents. SEC. 6. STUDY; REPORT. (a) Study.--The Secretary of the Interior shall conduct a study 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 Island 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. 7. EFFECT ON OTHER LAW. The provisions of the amendments made by this Act 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.).

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 product (including 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 the wage set by the Fair Labor Standards Act of 1938; (2) the product was manufactured in compliance with all Federal laws relating to labor rights and working conditions; and (3) the factory or other business producing the product does not employ individuals under conditions of indentured servitude.Applies to the Northern Mariana Islands: (1) the minimum wage provisions of 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.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.Requires a study of the extent of human and labor rights violations in the Northern Mariana Islands.

To provide certain requirements for labeling textile fiber products and for duty-free and quota-free treatment of products of, and to implement minimum wage and immigration requirements in, the Northern Mariana Islands, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``225th Anniversary of the American Revolution Commemoration Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The American Revolution, inspired by the spirit of liberty and independence among the inhabitants of the original 13 colonies of Great Britain, was an event of global significance having a profound and lasting effect upon American Government, laws, culture, society, and values. (2) The years 2000 through 2008 mark the 225th anniversary of the Revolutionary War. (3) Every generation of American citizens should have an opportunity to understand and appreciate the continuing legacy of the American Revolution. (4) This 225th anniversary provides an opportunity to enhance public awareness and understanding of the impact of the American Revolution's legacy on the lives of citizens today. (5) Although the National Park Service administers battlefields, historical parks, historic sites, and programs that address elements of the story of the American Revolution, there is a need to establish partnerships that link sites and programs administered by the National Park Service with those of other Federal and non-Federal entities in order to place the story of the American Revolution in the broad context of its causes, consequences, and meanings. (6) The story and significance of the American Revolution can best engage the American people through a national program of the National Park Service that links historic structures and sites, routes, activities, community projects, exhibits, and multimedia materials, in a manner that is both unified and flexible. (b) Purposes.--The purposes of this Act are as follows: (1) To recognize the enduring importance of the American Revolution in the lives of American citizens today. (2) To authorize the National Park Service to coordinate, connect, and facilitate Federal and non-Federal activities to commemorate, honor, and interpret the history of the American Revolution, its significance, and its relevance to the shape and spirit of American Government and society. SEC. 3. 225TH ANNIVERSARY OF THE AMERICAN REVOLUTION COMMEMORATION PROGRAM. (a) In General.--The Secretary of the Interior (hereinafter in this Act referred to as the ``Secretary'') shall establish a program to be known as the ``225th Anniversary of the American Revolution Commemoration'' (hereinafter in this Act referred to as the ``225th Anniversary''). In administering the 225th Anniversary, the Secretary shall-- (1) produce and disseminate to appropriate persons educational materials, such as handbooks, maps, interpretive guides, or electronic information related to the 225th Anniversary and the American Revolution; (2) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (c); (3) assist in the protection of resources associated with the American Revolution; (4) enhance communications, connections, and collaboration among the National Park Service units and programs related to the Revolutionary War; (5) expand the research base for American Revolution interpretation and education; and (6) create and adopt an official, uniform symbol or device for the theme ``Lighting Freedom's Flame: American Revolution, 225th Anniversary'' and issue regulations for its use. (b) Elements.--The 225th Anniversary shall encompass the following elements: (1) All units and programs of the National Park Service determined by the Secretary to pertain to the American Revolution. (2) Other governmental and nongovernmental sites, facilities, and programs of an educational, research, or interpretive nature that are documented to be directly related to the American Revolution. (3) Through the Secretary of State, the participation of the Governments of the United Kingdom, France, the Netherlands, Spain, and Canada. (c) Cooperative Agreements and Memoranda of Understanding.--To achieve the purposes of this Act and to ensure effective coordination of the Federal and non-Federal elements of the 225th Anniversary with National Park Service units and programs, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to, the following: (1) The heads of other Federal agencies, States, units of local government, and private entities. (2) In cooperation with the Secretary of State, the Governments of the United Kingdom, France, the Netherlands, Spain, and Canada. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this Act $500,000 for each of fiscal years 2003 through 2008.

225th Anniversary of the American Revolution Commemoration Act - Directs the Secretary of the Interior to establish a program to be known as the 225th Anniversary of the American Revolution Commemoration. Requires the Secretary to: (1) produce and disseminate educational materials related to the Anniversary; (2) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance to other Federal agencies, States, local governments, private entities, and the governments of the United Kingdom, France, the Netherlands, Spain, and Canada; (3) assist in the protection of resources associated with the American Revolution; (4) enhance communications, connections, and collaboration among the National Park Service (NPS) units and programs related to the Revolutionary War; (5) expand the research base for American Revolution interpretation and education; and (6) create and adopt an official symbol or device for the theme "Lighting Freedom's Flame: American Revolution, 225th Anniversary." Requires the program to encompass: (1) all NPS units and programs determined to pertain to the American Revolution; (2) other governmental and nongovernmental sites, facilities, and programs of an educational, research, or interpretive nature directly related to the American Revolution; and (3) the participation of such foreign governments.

To establish within the National Park Service the 225th Anniversary of the American Revolution Commemorative program, and for other purposes.

SECTION 1. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER AREA. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by inserting after section 408 (42 U.S.C. 5174) the following: ``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER AREA. ``(a) Definitions.--In this section: ``(1) Harmful substance.--The term `harmful substance' means a substance that the President determines may be harmful to human health. ``(2) Program.--The term `program' means a program described in subsection (b) carried out with respect to a disaster area. ``(3) Worker.--The term `worker' includes a first responder to a disaster, such as a police officer, a firefighter, and an emergency medical technician. ``(b) Program.--If the President determines that 1 or more harmful substances are being, or have been, released in an area that the President has declared to be a disaster area under this Act, the President may carry out a program for the protection, assessment, monitoring, and study of the health and safety of community members, volunteers, and workers in the disaster area, to ensure that-- ``(1) the community members, volunteers, and workers are adequately informed about and protected against potential health impacts of the harmful substance; ``(2) the community members, volunteers, and workers are monitored and studied over time, and receive appropriate care, for any long-term health impacts of the harmful substance; and ``(3) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future disasters. ``(c) Program.-- ``(1) In general.--A program may include such activities as-- ``(A) collecting and analyzing environmental exposure data; ``(B) developing and disseminating educational materials to community members, volunteers, and workers; ``(C) providing the public access to current information on continuing releases of a harmful substance in the disaster area; ``(D) training and certifying volunteers and workers in the use of personal protection equipment; ``(E) identifying, performing baseline health assessments on, taking biological samples from, and establishing an exposure registry of community members, volunteers, and workers exposed to a harmful substance; ``(F) studying the long-term health impacts of any exposures through epidemiological studies; and ``(G) providing assistance to participants in registries and studies under subparagraphs (E) and (F) in determining eligibility for health coverage and identifying appropriate health services. ``(2) Participation in registries and studies.-- ``(A) In general.--Participation in any registry or study under subparagraph (E) or (F) of paragraph (1) shall be voluntary. ``(B) Protection of privacy.--The President shall take appropriate measures to protect the privacy of any participant in a registry or study described in subparagraph (A). ``(3) Cooperative agreements.--The President may carry out a program through a cooperative agreement with a medical or academic institution, or a consortium of such institutions, that is-- ``(A) located in close proximity to the disaster area with respect to which the program is carried out; and ``(B) experienced in the area of environmental or occupational health and safety, including experience in-- ``(i) conducting long-term epidemiological studies; ``(ii) conducting long-term mental health studies; and ``(iii) establishing and maintaining environmental exposure or disease registries. ``(d) Reports and Responses to Studies.-- ``(1) Reports.--Not later than 1 year after the date of completion of a study under subsection (c)(1)(F), the President, or the medical or academic institution or consortium of such institutions that entered into the cooperative agreement under subsection (c)(3), shall submit to the Director, the Secretary of Health and Human Services, the Secretary of Labor, and the Administrator of the Environmental Protection Agency a report on the study. ``(2) Changes in procedures.--To protect the health and safety of community members, volunteers, and workers, the President shall make such changes in procedures as the President determines to be necessary based on the findings of the report submitted under paragraph (1).''.

Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President, upon determining that at least one harmful substance is being or has been released in a presidentially declared disaster area, to carry out a program for the protection, assessment, monitoring, and study of the health and safety of community members, volunteers, and responding emergency personnel. Permits such program to include: (1) collecting and analyzing environmental exposure data (2) developing and disseminating educational materials; (3) providing the public access to current information on continuing releases; (4) training and certifying volunteers and workers in the use of personal protection equipment; (5) identifying, performing baseline health assessments on, taking biological samples from, and establishing an exposure registry of exposed community members, volunteers, and workers; (6) studying the long-term health impacts of any exposures through epidemiological studies; and (7) providing assistance to participants in such registries and studies in determining eligibility for health coverage and identifying appropriate health services.Requires participation in any such registries and studies to be voluntary.Allows the President to carry out such a program through a cooperative agreement with a medical or academic institution, or a consortium of such institutions, that is: (1) located in close proximity to the area; and (2) experienced in environmental or occupational health and safety. Requires the President, or the institution or consortium, to report on the study to the Director of the Federal Emergency Management Agency, the Secretary of Health and Human Services, the Secretary of Labor, and the Administrator of the Environmental Protection Agency.

A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to carry out a program for the protection of the health and safety of community members, volunteers, and workers in a disaster area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Partnership Benefits and Obligations Act of 1998''. SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES. (a) In General.--A domestic partner of an employee shall be entitled to benefits available to and obligations imposed upon a spouse of an employee. (b) Certification of Eligibility.--In order to obtain benefits under this Act, an employee shall file an affidavit of eligibility for benefits with the Office of Personnel Management certifying that the employee and the domestic partner of the employee-- (1) are each other's sole domestic partner and intend to remain so indefinitely; (2) have a common residence, and intend to continue the arrangement; (3) are at least 18 years of age and mentally competent to consent to contract; (4) share responsibility for a significant measure of each other's common welfare and financial obligations; (5) are not married to or domestic partners with anyone else; (6) understand that willful falsification of information within the affidavit may lead to disciplinary action, including termination of employment, and the recovery of the cost of benefits received related to such falsification; and (7) are same sex domestic partners, and not related in a way that, if the 2 were of opposite sex, would prohibit legal marriage in the State in which they reside. (c) Dissolution of Partnership.-- (1) In general.--An employee or domestic partner of an employee who obtains benefits under this Act shall file a statement of dissolution of the domestic partnership with the Office of Personnel Management not later than 30 days after the death of the employee or the domestic partner or the date of dissolution of the domestic partnership. (2) Death of employee.--In a case in which an employee dies, the domestic partner of the employee at the time of death shall be deemed a spouse of the employee for the purpose of receiving benefits under this Act. (3) Other dissolution of partnership.-- (A) In general.--In a case in which a domestic partnership dissolves by a method other than death of the employee or domestic partner of the employee, any benefits received by the domestic partner as a result of this Act shall terminate. (B) Exception.--In a case in which a domestic partnership dissolves by a method other than death of the employee or domestic partner of the employee, any health benefits received by the domestic partner as a result of this Act shall continue for a period of 60 days after the date of the dissolution of the partnership. The domestic partner shall pay for such benefits in the same manner that a former spouse would pay for such benefits under section 8905a of title 5, United States Code. (d) Subsequent Partnerships.--If an employee files a statement of dissolution of partnership under subsection (c)(1), the employee may file a certification of eligibility under subsection (b) relating to another partner-- (1) not earlier than 180 days after the date of filing such statement of dissolution, if such dissolution did not result from the death of a partner; or (2) on any date after the filing of such statement of dissolution, if such dissolution resulted from the death of a partner. (e) Confidentiality.--Any information submitted to the Office of Personnel Management under subsection (b) shall be used solely for the purpose of certifying an individual's eligibility for benefits under subsection (a). (f) Definitions.--In this Act: (1) Domestic partner.--The term ``domestic partner'' means an adult person living with, but not married to, another adult person in a committed, intimate relationship. (2) Benefits.--The term ``benefits'' means-- (A) any benefit under the civil service retirement system under chapter 83 of title 5, United States Code, including any benefit from participation in the thrift savings plan under subchapter III of chapter 84 of such title; (B) any benefit under the Federal employees' retirement system under chapter 84 of title 5, United States Code; (C) life insurance benefits under chapter 87 of title 5, United States Code; (D) health insurance benefits under chapter 89 of title 5, United States Code; and (E) compensation for work injuries under chapter 81 of title 5, United States Code. (3) Employee.-- (A) With respect to Civil Service Retirement, the term ``employee'' shall have the meaning given such term in section 8331(1) of title 5, United States Code. (B) With respect to Federal Employees' Retirement, the term ``employee'' shall have the meaning given such term in section 8401(11) of title 5, United States Code. (C) With respect to life insurance, the term ``employee'' shall have the meaning given such term in section 8701(a) of title 5, United States Code. (D) With respect to health insurance, the term ``employee'' shall have the meaning given such term in section 8901 of title 5, United States Code. (E) With respect to compensation for work injuries, the term ``employee'' shall have the meaning given such term in section 8101(1) of title 5, United States Code. (4) Obligations.--The term ``obligations'' means any duties or responsibilities that would be incurred by the spouse of an employee. SEC. 3. EXEMPTION FROM TAX FOR EMPLOYER-PROVIDED FRINGE BENEFITS TO DOMESTIC PARTNERS. Section 106 of the Internal Revenue Code of 1986 (relating to contributions by employer to accident and health plans) is amended by adding at the end the following new subsection: ``(d) Treatment of Domestic Partners.--The provisions of section 2 of the Domestic Partnership Benefits and Obligations Act of 1998 shall apply to employees and domestic partners of employees for purposes of this section and any other benefit which is not includible in the gross income of employees by reason of an express provision of this chapter.''. SEC. 4. FUNDING. It is the sense of Congress that any funds necessary for the implementation of this Act should be funded from reductions in unnecessary tax benefits available only to large corporations and individuals who are in the maximum tax bracket.

Domestic Partnership Benefits and Obligations Act of 1998 - Entitles domestic partners of Federal employees to benefits available to spouses of Federal employees. Expresses the sense of the Congress that any funds necessary for the implementation of this Act should be funded from reductions in unnecessary tax benefits available only to large corporations and individuals who are in the maximum tax bracket.

Domestic Partnership Benefits and Obligations Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Infrastructure for Clean Water Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Many water resources in the United States are declining, particularly in urban areas. (2) This decline of water resources is the result of an increase in population, water consumption, and impermeable surfaces, as well as the negative effects of urbanization, commercial and industrial activities, and climate change. (3) An October 2008 study by the National Research Council found that some of the benefits of green infrastructure include increased water supplies, the creation of green jobs, cost savings, and a reduction of stormwater runoff, surface water discharge, stormwater pollution, and stormwater flows. SEC. 3. CENTERS OF EXCELLENCE FOR GREEN INFRASTRUCTURE. (a) Establishment of Centers.-- (1) In general.--The Administrator shall make grants on a competitive basis to eligible institutions to establish and maintain not fewer than 3 and not more than 5 centers of excellence for green infrastructure, located throughout the United States. (2) General operation.--Each center shall-- (A) conduct research on green infrastructure that is relevant to the geographic region in which the center is located, including stormwater and sewer overflow reduction, other approaches to water resource enhancement, and other environmental, economic, and social benefits; (B) develop manuals and set industry standards on best management practices relating to State, local, and commercial green infrastructure for use by State and local governments and the private sector; (C) provide information about research conducted under subparagraph (A) and manuals produced under subparagraph (B) to the national electronic clearinghouse center for publication on the Web site created pursuant to subsection (c) to inform the Federal Government and State and local governments and the private sector about green infrastructure; (D) provide technical assistance to State and local governments to assist with green infrastructure projects; (E) collaborate with institutions of higher education and private and public organizations in the geographic region in which the center is located on green infrastructure research and technical assistance projects; (F) assist institutions of higher education, secondary schools, and vocational schools to develop green infrastructure curricula; (G) provide training about green infrastructure to institutions of higher education and professional schools; (H) evaluate regulatory and policy issues about green infrastructure; and (I) coordinate with the other centers to avoid duplication of efforts. (b) Application.--To be eligible to receive a grant under this section, an eligible institution shall prepare and submit to the Administrator an application at such a time, in such form, and containing such information and assurances as the Administrator may require. (c) National Electronic Clearinghouse Center.--One of the centers established under section (a)(1) shall be designated and known as the ``national electronic clearinghouse center'' and shall, in addition to its other functions-- (1) develop, operate, and maintain a Web site and a public database, containing information relating to green infrastructure; and (2) post information from the centers to the Web site. SEC. 4. GREEN INFRASTRUCTURE GRANTS. (a) Grant Authority.--The Administrator shall make grants on a competitive basis to eligible entities to carry out green infrastructure projects in accordance with this section. (b) Green Infrastructure Projects.-- (1) Planning and development grants.--The Administrator may make planning and development grants under this section for the following projects: (A) Planning and designing green infrastructure projects, including engineering surveys, landscape plans, and implementation plans. (B) Identifying and developing standards and revisions to local zoning, building, or other local codes necessary to accommodate green infrastructure projects. (C) Identifying and developing fee structures to provide financial support for design, installation, and operations and maintenance of green infrastructure. (D) Developing training and educational materials about green infrastructure for distribution to both those with applicable technical knowledge and the public in general. (E) Developing a green infrastructure portfolio standard program described in section 5(e). (2) Implementation grants.--The Administrator may make implementation grants under this section for the following projects: (A) Installing green infrastructure. (B) Monitoring and evaluating the environmental, economic, or social benefits of green infrastructure. (C) Implementing a best practices standard for a green infrastructure program. (D) Implementing a green infrastructure portfolio standard program described in section 5(e). (c) Application.--Except as otherwise provided, to be eligible to receive a grant under this section, an eligible entity shall prepare and submit to the Administrator an application at such time, in such form, and containing such information and assurances as the Administrator may require, that includes, where applicable-- (1) a description of the green infrastructure project; (2) a plan for monitoring the impacts of the green infrastructure project on the water quality and quantity; (3) an evaluation of other environmental, economic, or social benefits of the green infrastructure project; and (4) a plan for the long-term operation and maintenance of the green infrastructure project. (d) Additional Requirement for Green Infrastructure Portfolio Standard Project.--A State applying for a grant for a green infrastructure portfolio standard program described in section 5(e) shall prepare and submit a schedule of increasing minimum percentages of the annual water to be managed using green infrastructure under the program. (e) Priority.--In making grants under this section, the Administrator shall give priority to applications-- (1) submitted from a community-- (A) that-- (i) has combined storm and sanitary sewers in its collection system; or (ii) is low-income or disadvantaged as determined by the Administrator; or (2) submitted from an eligible entity that will use 10 percent of the grant provided for a low-income or disadvantaged community as determined by the Administrator. (f) Grant Limitation.-- (1) Planning and development grant.--The Administrator may not make a planning and development grant under this section in an amount that exceeds $200,000. The Administrator may not make planning and development grants of more than $100,000,000, in the aggregate, in each fiscal year. (2) Implementation grant.--The Administrator may not make an implementation grant under this section in an amount that exceeds $3,000,000. The Administrator may not make implementation grants of more than $200,000,000, in the aggregate, in each fiscal year. (g) Federal Share.-- (1) In general.--Except as provided under paragraph (3), the Federal share of a grant provided under this section may not exceed 65 percent of the total project cost. (2) Credit for implementation grant.--The Administrator shall credit toward the non-Federal share of the cost of an implementation project carried out under this section the cost of planning, design, and construction work completed for the project with funds other than funds provided under this Act. (3) Exception.--The Administrator may waive the Federal share limitation under paragraph (1) for an eligible entity that has adequately demonstrated financial need. SEC. 5. ENVIRONMENTAL PROTECTION AGENCY GREEN INFRASTRUCTURE PROGRAM. (a) Establishment.--The Administrator shall establish within the Office of Water of the Agency a green infrastructure program, the purpose of which is to coordinate and promote the use of green infrastructure and to integrate green infrastructure into permitting programs. (b) Duties.--The Administrator shall carry out the green infrastructure program by-- (1) promoting the use of green infrastructure in the programs of the Agency; and (2) coordinating efforts to increase the use of green infrastructure with other Federal agencies, State and local governments, and the private sector. (c) Regional Implementation of Green Infrastructure Program.--The Administrator shall direct each regional office of the Agency to develop a program to promote and integrate the use of green infrastructure within the region that includes-- (1) a plan for monitoring, financing, and designing the green infrastructure; (2) outreach and training on green infrastructure implementation for State and local governments and the private sector; and (3) the incorporation of green infrastructure into permitting and other regulatory programs, codes, and ordinance development, including the requirements under consent decrees and settlement agreements in enforcement actions. (d) Green Infrastructure Compliance Assistance Center.--The Administrator shall create a compliance assistance center, including a Web site, to share information with and provide technical assistance to State and local governments, the private sector, and the public about green infrastructure approaches to reducing water pollution, protecting water resources, complying with regulatory requirements, and achieving other environmental, public health, and community goals. (e) Green Infrastructure Portfolio Standard.--The Administrator, in collaboration with State and local water resource managers, shall establish measurable goals, to be known as the ``green infrastructure portfolio standard'', to increase the percentage of annual water managed by eligible entities that uses green infrastructure. SEC. 6. REPORT TO CONGRESS. Before the end of fiscal year 2014, the Administrator shall submit to Congress a report that includes the following: (1) A description of all grants made under this Act and a detailed description of the projects supported and their outcomes. (2) A description of the improvements in technology, environmental benefits, resources conserved, efficiencies, and other benefits of the projects funded under this Act. (3) Recommendations on improvements to promote and support green infrastructure for the centers, grants, and programs under this Act. (4) A description of the existing challenges concerning the use of green infrastructure. SEC. 7. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Agency.--The term ``Agency'' means the Environmental Protection Agency. (3) Center.--The term ``center'' means a center of excellence for green infrastructure established under section 3(a). (4) Eligible entity.--The term ``eligible entity'' means-- (A) a State or local government; or (B) a local, regional, or other entity that manages stormwater, water resources, or waste water resources. (5) Eligible institution.-- (A) In general.--The term ``eligible institution'' means an institution of higher education, or a research institution, that has demonstrated excellence in green infrastructure by-- (i) conducting research on green infrastructure to determine how it reduces municipal stormwater runoff, enhances and protects drinking water sources, and improves water quality; (ii) developing and disseminating information about how an organization can use green infrastructure; (iii) providing technical assistance to an organization for a green infrastructure project; (iv) developing best practices standards for green infrastructure; (v) providing job training in green infrastructure; (vi) developing course curricula for elementary schools, secondary schools, institutions of higher education, and vocational schools; (vii) training students in green infrastructure; or (viii) providing information to the Federal Government or State and local governments about the implementation of green infrastructure. (B) Additional definitions.--For purposes of subparagraph (A): (i) Elementary school.--The term ``elementary school'' has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (ii) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (iii) Research institution.--The term ``research institution'' means an entity that is-- (I) described in section 501(c)(3) of the Internal Revenue Code of 1986; (II) exempt from tax under section 501(a) of the Internal Revenue Code of 1986; and (III) organized and operated for research purposes. (iv) Secondary school.--The term ``secondary school'' has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) Green infrastructure.--The term ``green infrastructure''-- (A) means any stormwater management technique that preserves, restores, enhances, or mimics natural hydrology; (B) includes methods that promote absorption, uptake, percolation, evapotranspiration, and filtration by soil and plant life; or (C) includes the preservation or restoration of-- (i) natural topography, including hills, plains, ravines, and shorelines; (ii) ecology, including forests, grasslands, and deserts; (iii) bodies of water, including lakes, flood plains, headwaters, and wetlands; and (iv) native soil characteristics of composition, structure, and transmissivity. (7) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Centers of Excellence for Green Infrastructure.--There is authorized to be appropriated to carry out section 3, $25,000,000 for each of fiscal years 2011 through 2014. (b) Green Infrastructure Grants.--There is authorized to be appropriated to carry out section 4, $300,000,000 for each of fiscal years 2011 through 2014. (c) Environmental Protection Agency Green Infrastructure Program.-- There is authorized to be appropriated to carry out section 5, $25,000,000 for each of fiscal years 2011 through 2014.

Green Infrastructure for Clean Water Act of 2009 - Requires the Administrator of the Environmental Protection Agency (EPA) to make competitive grants to eligible higher education institutions and research institutions to establish and maintain between three and five centers of excellence for green infrastructure. Defines "green infrastructure" as a stormwater management technique that preserves, restores, enhances, or mimics natural hydrology. Establishes the duties of each center, including: (1) researching green infrastructure; (2) developing manuals and setting industry standards on best management practices relating to state, local, and commercial green infrastructure; (3) providing information about its research and manuals to the national electronic clearinghouse center; (4) providing technical assistance and training on green infrastructure; and (5) evaluating regulatory and policy issues about green infrastructure. Requires one of the centers to be designated as the national electronic clearinghouse center, which shall, in addition to its other duties, operate a website and a public database on green infrastructure. Requires the Administrator to make competitive grants to eligible entities that manage stormwater, water resources, or waste water resources to: (1) plan and design and install green infrastructure projects; (2) develop standards and revisions to local zoning, building, or other local codes necessary to accommodate such projects; (3) develop fee structures to provide financial support for green infrastructure; (4) develop training and educational materials about green infrastructure; (5) develop and implement a green infrastructure portfolio standard program; (6) monitor and evaluate the environmental, economic, or social benefits of green infrastructure; and (7) implement a best practices standard for a green infrastructure program. Requires the Administrator to give priority to applications from: (1) a community that has combined storm and sanitary sewers in its collection system or is low-income or disadvantaged; or (2) an eligible entity that will use 10% of the grant for a low-income or disadvantaged community. Requires the Administrator to: (1) establish within EPA's Office of Water a green infrastructure program to coordinate and promote the use of green infrastructure and to integrate green infrastructure into the permitting programs; (2) direct each EPA regional office to develop a program to promote and integrate the use of green infrastructure within the region; (3) create a green infrastructure compliance assistance center; and (4) establish measurable goals, to be known as the green infrastructure portfolio standard, to increase the percentage of annual water managed by eligible entities that uses green infrastructure.

To establish centers of excellence for green infrastructure, and for other purposes.

SECTION 1. LAND EXCHANGE WITH CITY OF GREELEY, COLORADO, AND THE WATER SUPPLY AND STORAGE COMPANY. (a) In General.--If the city of Greeley, Colorado, and The Water Supply and Storage Company, a Colorado mutual ditch company, offer to transfer all their right, title, and interest in and to lands described in subsection (b), the Secretary of Agriculture shall, not later than 1 year after the date of the city's and company's offer, in exchange for the property, transfer to the city and to the company, as the city and the company, respectively, shall designate, all right, title, and interest of the United States in and to the Federal land described in subsection (c). (b) City and Company Lands.-- (1) In general.--The city and company lands to be exchanged under this section are the lands described in paragraph (2) that are depicted on maps entitled ``Rockwell Ranch Property Land Exchange'', ``Timberline Lake Property'', and ``Cameron Pass Lands'' dated February 7, 1997. (2) Acreage.-- (A) Rockwell ranch property.--The Rockwell Ranch property is comprised of 4 parcels containing approximately 520 acres of land. (B) Timberline lake property.--The Timberline Lake Property is a parcel of approximately 10 acres located in the Comanche Peak Wilderness. (C) Cameron pass lands.--The Cameron Pass Lands consist of 2 parcels totaling approximately 178 acres owned by The Water Supply and Storage Company. (3) Quit claim deed.--The land described in paragraph (2)(B) shall be conveyed by quit claim deed for the purposes of eliminating any title conflict between the city of Greeley and the United States in regard to the land. (4) Availability of maps.--The maps described in paragraph (1) shall be on file and available for public inspection in the office of the Supervisor of the Arapaho National Forest and Roosevelt National Forest in Fort Collins, Colorado. (c) Federal Lands.-- (1) In general.--The Federal lands to be exchanged under this section are the lands depicted on the maps described in subsection (b) as ``Federal Exchange Lands''. (2) Acreage.--The total area of Federal land to be exchanged is approximately 1,176 acres, including approximately 447 acres occupied by the city and the company under perpetual easements of the United States Department of the Interior, Nos. D-028135 and D-029149. (3) Land included.--The Federal land to be exchanged includes the following: (A) All Federal land within the high water contour lines (that is, the elevation of the dam crest) of the following reservoirs: Barnes Meadow, Chambers Lake, Comanche, Hourglass, Long Draw, Milton Seaman, Peterson Lake, and Twin Lakes, together with their dams and structures. (B) A surcharge and operational access area around each reservoir consisting of an average 50-foot horizontal projection from the high water line and an average 100-foot horizontal projection from the outer perimeter of all dams, and appurtenant structures (including outlets, measuring devices, spillways, wasteways, toe drains, canals, abutments, and the Peterson Lake operations cabin), as generally depicted on the maps described in subsection (b), the access area to the east of Long Draw Reservoir being limited to the extent necessary to convey only the land within the boundary of a national forest. (C) The Federal land that would be occupied by an enlargement of Seaman Reservoir to an approximate capacity of 43,000 acre feet (but not to exceed 50,000 acre feet), including an average 50-foot horizontally projected buffer zone around the enlarged water line and structures and an 80-acre parcel of Federal land south of Seaman Reservoir potentially required for a downstream damsite on the North Fork of the Cache la Poudre River, as generally depicted on the maps described in subsection (b). SEC. 2. PROCESSING OF AND TERMS AND CONDITIONS RELATING TO LAND EXCHANGE. (a) Processing.--The land exchange under section 1 shall be processed in accordance with Forest Service Land Exchange Regulations in subpart A of part 254 of title 36, Code of Federal Regulations, subject to section 1 and the terms and conditions stated in subsection (b). (b) Terms and Conditions.-- (1) Easements.--The United States shall-- (A) grant perpetual access easements to the city of Greeley, Colorado, and to The Water Supply and Storage Company to the land conveyed by the United States under section 1; and (B) reserve easements for all designated roads and trails crossing any Federal land to be conveyed that are necessary to ensure public access to adjoining national forest land. (2) Accessibility.--The city of Greeley, Colorado, and The Water Supply and Storage Company shall continue to make accessible to visitors to the Roosevelt National Forest, under rules and restrictions determined by the city and the company, Chambers Reservoir, Long Draw Reservoir, Peterson Reservoir, Barnes Meadow Reservoir, Comanche Reservoir, Seaman Reservoir, and Twin Lakes Reservoir. (3) Special use permits and easements.--All special use permits and easements and other instruments authorizing occupancy of the Federal land described in section 1(c) are rescinded on completion of the exchange. (4) Instream flow requirements.-- (A) Joint operations plan.--The conditions specified in the easements granted on December 28, 1994, and January 4, 1995, for Long Draw Reservoir, Peterson Lake Reservoir, and Barnes Meadow Reservoir requiring a joint operations plan providing instream winter flows to the mainstream of the Cache la Poudre River from Chambers Lake and Barnes Meadow Reservoir shall continue to be fulfilled regardless of land ownership unless the grantor and grantee of an easement agree otherwise. (B) Rockwell ranch property.-- (i) In general.--On completion of the land exchange, the city of Greeley's \1/2\ interest in the rights associated with the Rockwell Ranch property described in clause (ii) shall be dedicated to the Colorado Water Conservation Board in perpetuity for the instream flow program of the State of Colorado. (ii) Rights.--The rights described in this subparagraph are the rights in Rockwell Ditches No. 1 in the volume of 1.2 c.f.s., No. 2 in the volume of 1.7 c.f.s., No. 3 in the volume of 2.68 c.f.s., No. 4 in the volume of 1.87 c.f.s., No. 5 in the volume of 1.95 c.f.s. and No. 6 in the volume of 2.5 c.f.s., diverting from the South Fork of the Cache la Poudre River, and its tributaries, Little Beaver Creek, and the North Fork of Little Beaver Creek, all with the appropriation date of December 31, 1888. (C) No additional conditions, consultations, or mitigation.--No conditions, consultations, or mitigation (including instream or bypass flow requirements) in addition to those described in this Act shall be required as a condition of the land exchange. (5) Water rights.--Except as provided in paragraph (4)(B), the land exchange does not include any water right owned by the city of Greeley, Colorado, or The Water Supply and Storage Company. (6) Conveyance of federal land.-- (A) In general.--The Federal land to be exchanged shall be conveyed to the city of Greeley, Colorado, and to The Water Supply and Storage Company by means of a land exchange deed issued by an authorized officer of the Forest Service. (B) Surveys.--Notwithstanding any other provision of law, the Secretary of Agriculture may conduct and approve all cadastral surveys that are necessary for completion of the exchange. (7) Equal value.--The values of the lands exchanged between the United States and the city of Greeley, Colorado, and The Water Supply and Storage Company are deemed to be of approximately equal value, without need for a cash equalization payment. (8) New holdings.-- (A) In general.--It is recognized that the conveyance of certain portions of Federal land to the city of Greeley, Colorado, and The Water Supply and Storage Company will create new holdings in otherwise consolidated areas of Federal ownership. (B) Notification.--If the city of Greeley, Colorado, or The Water Supply and Storage Company decides to permanently discontinue reservoir operations on any of the properties acquired through the exchange, the Forest Supervisor of the Arapaho National Forest and Roosevelt National Forest shall be advised of the intent to perform nonreconstructive breaching of the dam for purposes of permanently terminating reservoir operations. (C) Opportunity to reacquire.--On notification under subparagraph (B), the Forest Service shall be afforded the opportunity, for a period not to exceed 1 year, to reacquire property at fair market value or exchange or on such other terms and conditions as may be agreed to by the parties concerned. (9) Development.-- (A) Finding.--Congress finds that the Federal land to be exchanged, with the exception of the Seaman Reservoir enlargement area and potential new damsite below Seaman Reservoir on the North Fork of the Cache la Poudre River, are fully developed and authorized for occupancy by the city of Greeley, Colorado, and The Water Supply and Storage Company. (B) No further inventory or consultation.--The land exchange may be completed without further inventory or consultation under the National Historic Preservation Act (16 U.S.C. 470 et seq.). (C) Enlargement.--If the city of Greeley, Colorado, seeks enlargement of Seaman Reservoir or construction of a new dam on the North Fork of the Poudre River below Seaman Reservoir for a Seaman Reservoir Enlargement, the site shall be subject to all Federal laws (including regulations) applicable at the time of proposed construction. (10) Easement for use of cabin.-- (A) In general.--The Chief of the Forest Service shall grant a 20-year easement to the city of Greeley, Colorado, for use of the cabin, in existence on the date of enactment of this Act, in the north half of the southwest quarter of Section 30, Township 8 North, Range 72 West. (B) Allowed uses.--The easement shall allow the use of the cabin and other improvements and access to the forest land nearby. (C) Access road.--The access road shall be available for city employees to have access to the cabin for recreational purposes and to the Forest Service for administrative purposes. (11) Easement for use of land.-- (A) In general.--The Chief of the Forest Service shall grant a 20-year easement to the city of Greeley, Colorado, for use of approximately 1 acre of land under the cabin, in existence on the date of enactment of this Act, in the vicinity of Jacks Gulch Campground on Pingree Road. (B) Allowed uses.--The easement shall include the administrative use of the access road to the cabin and the reservation of the use of the cabin to persons permitted under the special use permit in effect on the date of enactment of this Act. SEC. 3. ADMINISTRATION OF LAND ACQUIRED BY THE UNITED STATES. (a) In General.--The land acquired by the United States under section 1 shall be added to and administered as part of the Roosevelt National Forest. (b) Wilderness.--The portions of the land located within a wilderness area shall be added to and administered as part of the wilderness area. SEC. 4. BOUNDARY MODIFICATION OF THE ARAPAHO NATIONAL FOREST AND ROOSEVELT NATIONAL FOREST. (a) Modification.-- (1) In general.--In order to provide for more efficient administration of certain Federal lands adjoining the Arapaho National Forest and Roosevelt National Forest-- (A) the exterior boundary of the Arapaho National Forest is modified as shown on the map entitled ``Boundary Modification, Arapaho National Forest''; and (B) the exterior boundary of the Roosevelt National Forest is modified as shown on the map entitled ``Boundary Modification, Roosevelt National Forest''. (2) Public availability.--The maps described in paragraph (1) and a legal description of the boundary changes shall be on file and available for public inspection in the office of the Chief of the Forest Service and appropriate field offices of the Forest Service. (b) Administration.--All Federal land brought within the boundary of the Arapaho National Forest and the Roosevelt National Forest by this Act as a result of the land exchange under section 1 shall be added to the Arapaho National Forest and the Roosevelt National Forest, respectively, and administered in accordance with the laws (including regulations) and other rules applicable to the National Forest System. (c) Availability of Certain Lands.--For the purpose of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundary of each of the Arapaho National Forest and the Roosevelt National Forest, as modified by this section, shall be treated as if it were the boundary of each forest, respectively, as of January 1, 1965.

Directs the Secretary of Agriculture to transfer specified Federal lands to the city of Greeley, Colorado, and The Water Supply and Storage Company, a Colorado mutual ditch company, if the city and the company offer to transfer specified lands to the United States (Rockwell Ranch and Timberline Lake properties and specified company lands). Specifies exchange terms and conditions, including that: (1) the United States shall grant perpetual access easements to the city and the company to the lands conveyed; (2) the city and the company shall continue to make specified reservoirs accessible to visitors to the Roosevelt National Forest; (3) all special use permits, easements, or other instruments authorizing occupancy of certain identified Federal lands are rescinded; and (4) conditions specified in certain easements for Long Draw, Peterson Lake, and Barnes Meadow Reservoirs requiring a joint operations plan providing instream winter flows to the mainstream of the Cache La Poudre River from Chambers Lake and Barnes Meadow Reservoir shall continue to be fulfilled regardless of land ownership unless the grantor and grantee of an easement agree otherwise. Directs that lands acquired by the United States under this Act be added to and administered as part of the Roosevelt National Forest and the portions of such lands located within a wilderness area shall be added to such area. Modifies the boundaries of the Arapaho and Roosevelt National Forests.

To provide for an exchange of lands with the city of Greeley, Colorado, and The Water Supply and Storage Company to eliminate private inholdings in wilderness areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``George Washington Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) Five Dollar Coins.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 100,000 $5 coins, each of which shall-- (1) weigh 8.359 grams; (2) have a diameter of 0.850 inches; and (3) contain 90 percent gold and 10 percent alloy. (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 gold for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of George Washington, the first President of the United States. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``1999''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Mount Vernon Ladies' Association 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 combination of denomination and quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning May 1, 1999. (d) Termination of Minting Authority.--No coins may be minted under this Act after November 1, 1999. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales of coins minted under this Act shall include a surcharge of $35 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 Mount Vernon Ladies' Association to be used-- (1) to supplement the endowment of the Mount Vernon Ladies' Association, which shall be a permanent source of support for the preservation of George Washington's home; and (2) for the continuation and expansion of the efforts of the Mount Vernon Ladies' Association to educate the American public about the life of George Washington. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Mount Vernon Ladies' Association 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.

George Washington Commemorative Coin Act - Requires the Secretary of Treasury to mint and issue five-dollar gold coins emblematic of George Washington. Mandates that the design for the coins shall be: (1) selected by the Secretary after consultation with the Mount Vernon Ladies' Association and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. Provides for the distribution of coin sale surcharges to the Mount Vernon Ladies' Association.

George Washington Commemorative Coin Act

of April 6, 1937 (56 Stat. 57, chapter 69; 7 U.S.C. 148 et seq.). (F) The Act of January 31, 1942 (56 Stat. 40, chapter 31; 7 U.S.C. 149). (G) The Act of August 20, 1912 (commonly known as the ``Plant Quarantine Act'') (37 Stat. 315, chapter 308; 7 U.S.C. 151 et seq.). (H) The Halogeton Glomeratus Control Act (7 U.S.C. 1651 et seq.). (I) The Act of August 28, 1950 (64 Stat. 561, chapter 815; 7 U.S.C. 2260). (J) The Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 et seq.), other than the first section and section 15 of that Act (7 U.S.C. 2801 note, 2814). (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. PENALTIES FOR VIOLATION. (a) Criminal Penalties.-- (1) In general.--A person that knowingly violates a plant quarantine law shall be subject to criminal penalties in accordance with this subsection. (2) Felonies.-- (A) In general.--Subject to subparagraphs (B) and (C), a person shall be imprisoned not more than 5 years, fined not more than $25,000, or both, in the case of a violation of a plant quarantine law involving-- (i) plant pests; (ii) more than 50 pounds of plants; (iii) more than 5 pounds of plant products; (iv) more than 50 pounds of noxious weeds; (v) possession with intent to distribute or sell items described in clause (i), (ii), (iii), or (iv), knowing the items have been involved in a violation of a plant quarantine law; or (vi) forging, counterfeiting, or without authority from the Secretary, using, altering, defacing, or destroying a certificate, permit, or other document provided under a plant quarantine law. (B) Multiple violations.--On the second and any subsequent conviction of a person of a violation of a plant quarantine law described in subparagraph (A), the person shall be imprisoned not more than 10 years or fined not more than $50,000, or both. (C) Intent to harm agriculture of united states.-- In the case of a knowing movement in violation of a plant quarantine law by a person of a plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance into, out of, or within the United States, with the intent to harm the agriculture of the United States by introduction into the United States or dissemination of a plant pest or noxious weed within the United States, the person shall be imprisoned not less than 10 nor more than 20 years, fined not more than $500,000, or both. (3) Misdemeanors.-- (A) In general.--Subject to subparagraph (B), a person shall be imprisoned not more than 1 year, fined not more than $1,000, or both, in the case of a violation of a plant quarantine law involving-- (i) 50 pounds or less of plants; (ii) 5 pounds or less of plant products; or (iii) 50 pounds or less of noxious weeds. (B) Multiple violations.--On the second and any subsequent conviction of a person of a violation of a plant quarantine law described in subparagraph (A), the person shall be imprisoned not more than 3 years, fined not more than $10,000, or both. (b) Criminal Forfeiture.-- (1) In general.--In imposing a sentence on a person convicted of a violation of a plant quarantine law, in addition to any other penalty imposed under this section and irrespective of any provision of State law, a court shall order that the person forfeit to the United States-- (A) any of the property of the person used to commit or to facilitate the commission of the violation (other than a misdemeanor); and (B) any property, real or personal, constituting, derived from, or traceable to any proceeds that the person obtained directly or indirectly as a result of the violation. (2) Procedures.--All property subject to forfeiture under this subsection, any seizure and disposition of the property, and any proceeding relating to the forfeiture shall be subject to the procedures of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than subsections (d) and (q). (3) Proceeds.--The proceeds from the sale of any forfeited property, and any funds forfeited, under this subsection shall be used-- (A) first, to reimburse the Department of Justice, the United States Postal Service, and the Department of the Treasury for any costs incurred by the Departments and the Service to initiate and complete the forfeiture proceeding; (B) second, to reimburse the Office of Inspector General of the Department of Agriculture for any costs incurred by the Office in the law enforcement effort resulting in the forfeiture; (C) third, to reimburse any Federal or State law enforcement agency for any costs incurred in the law enforcement effort resulting in the forfeiture; and (D) fourth, by the Secretary to carry out the functions of the Secretary under a plant quarantine law. (c) Civil Penalties.-- (1) In general.--A person that violates a plant quarantine law, or that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys a certificate, permit, or other document provided under a plant quarantine law may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary that does not exceed the greater of-- (A) $50,000 in the case of an individual (except that the civil penalty may not exceed $1,000 in the case of an initial violation of the plant quarantine law by an individual moving regulated articles not for monetary gain), or $250,000 in the case of any other person for each violation, except the amount of penalties assessed under this subparagraph in a single proceeding shall not exceed $500,000; or (B) twice the gross gain or gross loss for a violation or forgery, counterfeiting, or unauthorized use, defacing or destruction of a certificate, permit, or other document provided for in the plant quarantine law that results in the person's deriving pecuniary gain or causing pecuniary loss to another person. (2) Factors in determining civil penalty.--In determining the amount of a civil penalty, the Secretary-- (A) shall take into account the nature, circumstance, extent, and gravity of the violation; and (B) may take into account the ability to pay, the effect on ability to continue to do business, any history of prior violations, the degree of culpability of the violator, and any other factors the Secretary considers appropriate. (3) Settlement of civil penalties.--The Secretary may compromise, modify, or remit, with or without conditions, a civil penalty that may be assessed under this subsection. (4) Finality of orders.-- (A) In general.--An order of the Secretary assessing a civil penalty shall be treated as a final order reviewable under chapter 158 of title 28, United States Code. (B) Collection action.--The validity of an order of the Secretary may not be reviewed in an action to collect the civil penalty. (C) Interest.--A civil penalty not paid in full when due under an order assessing the civil penalty shall (after the due date) accrue interest until paid at the rate of interest applicable to a civil judgment of the courts of the United States. (5) Guidelines for civil penalties.--The Secretary shall coordinate with the Attorney General to establish guidelines to determine under what circumstances the Secretary may issue a civil penalty or suitable notice of warning in lieu of prosecution by the Attorney General of a violation of a plant quarantine law. (d) Civil Forfeiture.-- (1) In general.--There shall be subject to forfeiture to the United States any property, real or personal-- (A) used to commit or to facilitate the commission of a violation (other than a misdemeanor) described in subsection (a); or (B) constituting, derived from, or traceable to proceeds of a violation described in subsection (a). (2) Procedures.-- (A) In general.--Subject to subparagraph (B), the procedures of chapter 46 of title 18, United States Code, relating to civil forfeitures shall apply to a seizure or forfeiture under this subsection, to the extent that the procedures are applicable and consistent with this subsection. (B) Performance of duties.--Duties imposed on the Secretary of the Treasury under chapter 46 of title 18, United States Code, shall be performed with respect to seizures and forfeitures under this subsection by officers, employees, agents, and other persons designated by the Secretary of Agriculture. (e) Liability for Acts of an Agent.--For the purposes of a plant quarantine law, the act, omission, or failure of an officer, agent, or person acting for or employed by any other person within the scope of employment or office of the officer, agent, or person, shall be considered to be the act, omission, or failure of the other person.

Fruit, Vegetable, and Plant Smuggling Prevention Act of 2001 - Subjects violators of certain plant quarantine-related provisions to specified criminal and civil penalties.

A bill to strengthen the penalties for violations of plant quarantine laws.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Partial Hospitalization Services Integrity Act of 1999''. SEC. 2. LIMITATION ON LOCATION OF PROVISION OF SERVICES. (a) In General.--Section 1861(ff)(2) of the Social Security Act (42 U.S.C. 1395x(ff)(2)) is amended in the matter following subparagraph (I)-- (1) by striking ``and furnished'' and inserting ``furnished''; and (2) by inserting before the period the following: ``, and furnished other than in a skilled nursing facility, residential treatment facility or other residential setting (as determined by the Secretary)''. (b) Effective Date.--The amendments made by subsection (a) apply with respect to partial hospitalization services furnished on or after the first day of the third month beginning after the date of the enactment of this Act. SEC. 3. QUALIFICATIONS FOR COMMUNITY MENTAL HEALTH CENTERS. (a) In General.--Section 1861(ff)(3)(B) of the Social Security Act (42 U.S.C. 1395x(ff)(3)(B)) is amended by striking ``entity'' and all that follows and inserting the following: ``entity that-- ``(i)(I) provides the mental health services described in section 1913(c)(1) of the Public Health Service Act; or ``(II) in the case of an entity operating in a State that by law precludes the entity from providing a service described in such section itself, provides for such service by contract with an approved organization or entity (as determined by the Secretary); ``(ii) meets applicable licensing or certification requirements for community mental health centers in the State in which it is located; and ``(iii) meets such additional conditions as the Secretary shall specify to ensure (I) the health and safety of individuals being furnished such services, (II) the effective and efficient furnishing of such services, and (III) the compliance of such entity with the criteria described in such section.''. (b) Clarification of Criteria for Community Mental Health Centers.--Section 1913(c)(1)(E) of the Public Health Service Act (42 U.S.C. 300x-3(c)(1)(E)) is amended to read as follows: ``(E) Determining the clinical appropriateness of admissions to any inpatient psychiatric hospitals by engaging a full-time mental health professional who is licensed or certified to make such a determination by the State involved.''. (c) Effective Date.--The amendments made by this section apply with respect to community mental health centers furnishing services under the medicare program on or after the first day of the third month beginning after the date of the enactment of this Act. SEC. 4. GUIDELINES FOR ITEMS AND SERVICES COMPRISING PARTIAL HOSPITALIZATION SERVICES. Not later than 180 days after the date of the enactment of this Act, the Secretary shall first adopt national coverage and administrative policies for partial hospitalization services furnished under title XVIII of the Social Security Act, using a negotiated rulemaking process under subchapter III of chapter 5 of title 5, United States Code. SEC. 5. REFINEMENT OF PERIODICITY OF REVIEW OF PLAN FOR PARTIAL HOSPITALIZATION SERVICES. (a) In General.--Section 1835(a)(2)(F)(ii) of the Social Security Act (42 U.S.C. 1395n(a)(2)(F)(ii)) is amended by inserting ``at a reasonable rate (as determined by the Secretary)'' after ``is reviewed periodically''. (b) Effective Date.--The amendment made by subsection (a) applies with respect to plans for furnishing partial hospitalization services established on or after the first day of the third month beginning after the date of the enactment of this Act. SEC. 6. RECERTIFICATION OF PROVIDERS OF PARTIAL HOSPITALIZATION SERVICES. (a) In General.--With respect to each community mental health center that furnishes partial hospitalization services for which payment is made under title XVIII of the Social Security Act, the Secretary of Health and Human Services shall provide for periodic recertification to ensure that the provision of such services complies with applicable requirements of such title. (b) Deadline for First Recertification.--The first recertification under subsection (a) shall be completed not later than one year after the date of the enactment of this Act. SEC. 7. CIVIL MONETARY PENALTIES FOR FALSE CERTIFICATION OF ELIGIBILITY FOR HOSPICE CARE OR PARTIAL HOSPITALIZATION SERVICES. (a) In General.--Section 1128A(b)(3) of the Social Security Act (42 U.S.C. 1320a-7a(b)(3)) is amended-- (1) in subparagraph (A)(ii), by inserting ``, hospice care, or partial hospitalization services'' after ``home health services''; and (2) in subparagraph (B), by inserting ``, section 1814(a)(7) in the case of hospice care, or section 1835(a)(2)(F) in the case of partial hospitalization services'' after ``in the case of home health services''. (b) Effective Date.--The amendments made by subsection (a) apply with respect to certifications of eligibility for hospice care or partial hospitalization services under the medicare program made on or after the first day of the third month beginning after the date of the enactment of this Act. SEC. 8. DEMONSTRATION FOR COST EFFECTIVE WRAP AROUND MENTAL HEALTH SERVICES. (a) Establishment.-- (1) In general.--The Secretary of Health and Human Services shall implement a demonstration project (in this section referred to as the ``project'') under part B of title XVIII of the Social Security Act under which community mental health centers may offer wrap around mental health services (as defined in paragraph (2)(A)) for purposes of providing for a full continuum of ambulatory behavioral health care services. (2) Definitions.-- (A) Wrap around mental health services defined.-- The term ``wrap around mental health services'' means comprehensive outpatient mental health services furnished to an individual pursuant to an individualized treatment plan developed by a mental health professional, in consultation with the family of the individual (if available). Such services are furnished to the individual through a comprehensive, multidisciplinary health and social services delivery system that provides coordinated therapeutic interventions, including medical services, psychotherapy services, occupational therapy services, and social work services. (B) Licensed mental health professional.--The term ``mental health professional'' means any of the following individuals who are licensed by the State in which the individual furnishes services (as that term is defined in paragraphs (1), (2)(M), and (2)(N) of section 1861(s) of the Social Security Act (42 U.S.C. 1395x(s))) to design and execute treatment plans described in subparagraph (A) without the supervision of another health care practitioner: (i) A physician, as defined in section 1861(r)(1) of such Act (42 U.S.C. 1395x(r)(1)). (ii) A clinical psychologist, as defined by the Secretary pursuant to section 1861(ii) of such Act (42 U.S.C. 1395x(ii)). (iii) A clinical social worker, as defined in section 1861(hh) of such Act (42 U.S.C. 1395x(hh)). (b) Selection of Centers.--For purposes of implementing such project, the Secretary shall select for participation in the project community mental health centers that serve populations in three different States, one of which predominantly serves rural populations. (c) Capitated Payment.--The Secretary shall establish and make prospective monthly payments of a capitation amount for individuals receiving wrap around mental health services under this project. (d) Evaluation and Report.-- (1) Evaluation.--The Secretary shall evaluate the project. Such evaluation shall include an examination of-- (A) the project's effect on the health, well-being, condition, and functional level of beneficiaries receiving wrap around mental health services; (B) any savings to the medicare program by reason of capitated payments for wrap around medical services consisting of partial hospitalization services (as that term is defined in section 1861(ff) of the Social Security Act (42 U.S.C. 1395x(ff)); (C) the impact of basing payment for such services on a capitated basis; and (D) the project's effect on utilization of inpatient services (including inpatient mental health services) and associated costs. (2) Report.--Not later than four years after the date of the enactment of this Act, the Secretary shall submit to Congress a report containing a statement of the findings and conclusions of the Secretary pursuant to the evaluation conducted under paragraph (1), together with any recommendations for legislation the Secretary considers appropriate with respect to-- (A) the provision of additional mental health services by community mental health centers under partial hospitalization services; and (B) payment for such services on a capitated basis. (e) Duration.--The project shall be conducted for a three year period. (f) Funding.--The Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund, established under section 1817 of the Social Security Act (42 U.S.C. 1395i), of such funds as are necessary for the costs of carrying out the demonstration project under this section.

Partial Hospitalization Services Integrity Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to provide for the following: (1) denial of Medicare coverage for partial hospitalization services (for psychiatric treatment) furnished in a skilled nursing facility, a residential treatment facility, or any other type of residential setting determined by the Secretary of Health and Human Services; (2) new qualifications for community mental health centers (centers) as the Secretary is required to specify to ensure the health and safety of individuals being furnished mental health services and their effective and efficient furnishing; and (3) national coverage and administrative policies for partial hospitalization services under Medicare that the Secretary is to first adopt using negotiated rulemaking. Directs the Secretary to do the following: (1) provide for periodic recertification to ensure that the provision of such Medicare-reimbursable services by centers complies with applicable Medicare requirements; and (2) implement a specified demonstration project under Medicare part B (Supplementary Medical Insurance) under which centers may offer wrap around mental health services for purposes of providing for a full continuum of ambulatory behavioral health care services. Provides for funding for demonstration project costs. Makes miscellaneous technical amendments concerning criteria for centers under the Public Health Service Act, and periodic physician review of physician written, individualized plans for partial hospitalization services under Medicare. Amends SSA title XI to provide for civil monetary penalties for false certification of eligibility for hospice care or partial hospitalization services.

Partial Hospitalization Services Integrity Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal General Welfare Exclusion Act of 2013''. SEC. 2. INDIAN GENERAL WELFARE BENEFITS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: ``SEC. 139E. INDIAN GENERAL WELFARE BENEFITS. ``(a) In General.--Gross income does not include the value of any Indian general welfare benefit. ``(b) Indian General Welfare Benefit.--For purposes of this section, the term `Indian general welfare benefit' includes any payment made or services provided to or on behalf of a member of an Indian tribe (or any spouse or dependent of such a member) pursuant to an Indian tribal government program, but only if-- ``(1) the program is administered under specified guidelines and does not discriminate in favor of members of the governing body of the tribe, and ``(2) the benefits provided under such program-- ``(A) are available to any tribal member who meets such guidelines, ``(B) are for the promotion of general welfare, ``(C) are not lavish or extravagant, and ``(D) are not compensation for services. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Indian tribal government.--For purposes of this section, the term `Indian tribal government' includes any agencies or instrumentalities of an Indian tribal government and any Alaska Native regional or village corporation, as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). ``(2) Dependent.--The term `dependent' has the meaning given such term by section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B). ``(3) Lavish or extravagant.--The Secretary shall, in consultation with the Tribal Advisory Committee (as established under section 3(a) of the Tribal General Welfare Exclusion Act of 2013), establish guidelines for what constitutes lavish or extravagant benefits with respect to Indian tribal government programs. ``(4) Establishment of tribal government program.--A program shall not fail to be treated as an Indian tribal government program solely by reason of the program being established by tribal custom or government practice. ``(5) Ceremonial activities.--Any items of cultural significance, reimbursement of costs, or cash honorarium for participation in cultural or ceremonial activities for the transmission of tribal culture shall not be treated as compensation for services.''. (b) Conforming Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new item: ``Sec. 139E. Indian general welfare benefits.''. (c) Statutory Construction.--Ambiguities in section 139E of such Code, as added by this Act, shall be resolved in favor of Indian tribal governments and deference shall be given to Indian tribal governments for the programs administered and authorized by the tribe to benefit the general welfare of the tribal community. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxable years for which the period of limitation on refund or credit under section 6511 of the Internal Revenue Code of 1986 has not expired. (2) One-year waiver of statute of limitations.--If the period of limitation on a credit or refund resulting from the amendments made by subsection (a) expires before the end of the 1-year period beginning on the date of the enactment of this Act, refund or credit of such overpayment (to the extent attributable to such amendments) may, nevertheless, be made or allowed if claim therefor is filed before the close of such 1- year period. SEC. 3. TRIBAL ADVISORY COMMITTEE. (a) Establishment.--The Secretary of the Treasury shall establish a Tribal Advisory Committee (hereinafter in this subsection referred to as the ``Committee''). (b) Duties.-- (1) Implementation.--The Committee shall advise the Secretary on matters relating to the taxation of Indians. (2) Education and training.--The Secretary shall, in consultation with the Committee, establish and require-- (A) training and education for internal revenue field agents who administer and enforce internal revenue laws with respect to Indian tribes on Federal Indian law and the Federal Government's unique legal treaty and trust relationship with Indian tribal governments, and (B) training of such internal revenue field agents, and provision of training and technical assistance to tribal financial officers, about implementation of this Act and the amendments made thereby. (c) Membership.-- (1) In general.--The Committee shall be composed of 7 members appointed as follows: (A) Three members appointed by the Secretary of the Treasury. (B) One member appointed by the Chairman, and one member appointed by the Ranking Member, of the Committee on Ways and Means of the House of Representatives. (C) One member appointed by the Chairman, and one member appointed by the Ranking Member, of the Committee on Finance of the Senate. (2) Term.-- (A) In general.--Except as provided in subparagraph (B), each member's term shall be 4 years. (B) Initial staggering.--The first appointments made by the Secretary under paragraph (1)(A) shall be for a term of 2 years. SEC. 4. OTHER RELIEF FOR INDIAN TRIBES. (a) Temporary Suspension of Examinations.--The Secretary of the Treasury shall suspend all audits and examinations of Indian tribal governments and members of Indian tribes (or any spouse or dependent of such a member), to the extent such an audit or examination relates to the exclusion of a payment or benefit from an Indian tribal government under the general welfare exclusion, until the education and training prescribed by section 3(b)(2) of this Act is completed. The running of any period of limitations under section 6501 of the Internal Revenue Code of 1986 with respect to Indian tribal governments and members of Indian tribes shall be suspended during the period during which audits and examinations are suspended under the preceding sentence. (b) Waiver of Penalties and Interest.--The Secretary of the Treasury may waive any interest and penalties imposed under such Code on any Indian tribal government or member of an Indian tribe (or any spouse or dependent of such a member) to the extent such interest and penalties relate to excluding a payment or benefit from gross income under the general welfare exclusion. (c) Definitions.--For purposes of this subsection-- (1) Indian tribal government.--The term ``Indian tribal government'' shall have the meaning given such term by section 139E of such Code, as added by this Act. (2) Indian tribe.--The term ``Indian tribe'' shall have the meaning given such term by section 45A(c)(6) of such Code.

Tribal General Welfare Exclusion Act of 2013 - Amends the Internal Revenue Code to exclude from gross income, for income tax purposes, the value of an Indian general welfare benefit. Defines "Indian general welfare benefit" as any payment made or services provided to or on behalf of a member of an Indian tribe under an Indian tribal government program if: (1) such program is administered under specified guidelines and does not discriminate in favor of members of the governing body of the Indian tribe; and (2) the program benefits are available to any tribal member, are for the promotion of general welfare, are not lavish or extravagant, and are not compensation for services. Directs the Secretary of the Treasury to: (1) establish a Tribal Advisory Committee to advise the Secretary on the taxation of Indians, (2) establish and require training and education for Internal Revenue Service (IRS) field agents on federal Indian law and the implementation of this Act, and (3) suspend audits and examinations of Indian tribal governments and members of Indian tribes and waive any interest or tax penalties related to the exclusion from gross income of Indian general welfare benefits.

Tribal General Welfare Exclusion Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fisheries Management Reform Act of 2004''. SEC. 2. AMENDMENT REFERENCES. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to such section or other provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). SEC. 3. REPRESENTATION OF THE PUBLIC INTEREST ON REGIONAL FISHERY MANAGEMENT COUNCILS. (a) Appointment of Members by Administrator.-- (1) Appointment of members.--Section 302 (16 U.S.C. 1852) is amended-- (A) by striking ``appointed by the Secretary'' each place it appears and inserting ``appointed by the Administrator of the National Oceanic and Atmospheric Administration''; (B) in paragraphs (2) and (6) of subsection (b) by striking ``The Secretary'' each place it appears and inserting ``The Administrator of the National Oceanic and Atmospheric Administration''; (C) in paragraph (5)(A) of subsection (b) by striking ``The Secretary'' the first and second places it appears and inserting ``The Administrator of the National Oceanic and Atmospheric Administration''; (D) in subsection (b) by striking ``the Secretary'' each place it appears, other than in paragraph (6)(B), and inserting ``the Administrator''; and (E) in subsection (b)(2)(B)(iii) by striking ``the Secretary's'' and inserting ``the Administrator's''. (2) Application with respect to current members of councils.-- (A) Appointment not affected.--The amendment made by paragraph (1)(A) shall not affect any appointment by the Secretary of Commerce made before the date of the enactment of this Act. (B) Removal.--In applying section 302(b)(6) of the Magnuson-Stevens Fishery Conservation and Management Act, as amended by this subsection, to a member of a Regional Fishery Management Council appointed before the date of the enactment of this Act, ``by the Secretary'' shall be substituted for ``by the Administrator''. (b) Representation by State Officials.--Section 302(b)(1)(A) (16 U.S.C. 1852(b)(1)(A)) is amended by adding at the end the following: ``Such official shall represent the interests of the general public.''. (c) Allocation of Appointments.--Section 302(b)(2)(B) (16 U.S.C. 1852(b)(2)(B)) is amended in the first sentence-- (1) by striking ``of the active participants'' and inserting ``among the active participants''; and (2) by inserting before the period the following: ``and representatives of the public interest in marine fish conservation, including individuals who do not derive any of their annual income from commercial or recreational fishing and who are knowledgeable regarding the conservation and management of the fishery resources of the geographic area concerned''. (d) Consultation by States in Submitting Nominees.--Section 302(b)(2)(C) (16 U.S.C. 1852(b)(2)(C)) is amended-- (1) in the second sentence by inserting ``and representatives of conservation organizations'' after ``commercial and recreational fishing interests''; and (2) by striking the third sentence and inserting the following: ``Each list shall consist of a broad slate of candidates for each vacancy, shall include at least two representatives from each of the commercial fishing industry sector, the recreational fishing sector, and the marine fish conservation public interest sector who do not derive any of their annual income from commercial or recreational fishing, and shall consist solely of individuals who are knowledgeable regarding the conservation and management of the fishery resources of the geographic area concerned.''. (e) Training of Appointed Members.-- (1) Training requirement.--Section 302(b) (16 U.S.C. 1852(b)) is amended by adding at the end the following: ``(7) Training of appointed members.-- ``(A) In general.--The Secretary shall provide to each member of a Council appointed by the Secretary under this subsection, by not later than 6 months after the date of the member's appointment, training in matters relating to the functions of the Council, including-- ``(i) fishery science and basic fish stock assessment; ``(ii) social science and fishery economics; ``(iii) the requirements of this Act, the National Environmental Policy Act of 1969, chapter 5 of title 5, United States Code (popularly known as the Administrative Procedures Act), and other relevant statutes or regulations; ``(iv) conflict of interest policies that apply to Council members; and ``(v) the public process for developing fishery management plans. ``(B) Restriction on voting.--A member of a Council to whom the Secretary is required to provide training under this paragraph may not vote on any decision of the Council before the date the member completes such training.''. (2) Limitation on application.--The amendment made by paragraph (1) shall not apply to a member of a Regional Fishery Management Council appointed before the date of the enactment of this Act. (f) Technical Correction.--Section 302(b)(2)(B) (16 U.S.C. 1852(b)(2)(B)) is amended in the second sentence by striking ``Merchant Marine and Fisheries'' and inserting ``Resources''. SEC. 4. QUALIFICATION OF VOTING COUNCIL MEMBERS; DISCLOSURE OF FINANCIAL INTEREST AND RECUSAL. (a) Qualifications of Voting Council Members.--Section 302(b)(2)(A) (16 U.S.C. 1852(b)(2)(A)) is amended by-- (1) inserting after ``geographical area concerned'' the following: ``, and must not have been found by the Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act prohibited by section 307(1)(D), (E), (F), (H), (I), or (L) or section 307(2)''; and (2) striking ``of the Fishery Conservation Amendments of 1990'' and replacing with ``of the Fisheries Management Reform Act of 2004''. (b) Disclosure of Financial Interest and Recusal.-- (1) Amendments relating to disclosure and recusal.--Section 302(j) (16 U.S.C. 1852(j)) is amended as follows: (A) By striking the heading and inserting ``Disclosure of Financial Interest and Recusal.--''. (B) By striking paragraph (6), and redesignating paragraphs (7) and (8) in order as paragraphs (6) and (7). (C) In paragraph (6), as so redesignated, by striking so much as precedes subparagraph (B) and inserting the following: ``(6) Prohibition on participation.--(A)(i) An affected individual shall not vote on a Council decision that would have an effect on a financial interest that the individual is required to disclose under paragraph (2). ``(ii) An affected individual who is prohibited from voting on a Council decision may not participate in any Council deliberations relating to the decision.''. (D) In paragraph (6)(B), as so redesignated-- (i) by inserting ``or a member of the public'' after ``an affected individual''; and (ii) by striking ``would have a significant and predictable effect on a financial interest'' and inserting ``would have an effect on the financial interest of an affected individual''. (E) In paragraph (6)(C), as so redesignated, by inserting ``, or member of the public,'' after ``Any Council member''. (F) In paragraph (6), as so redesignated, by striking subparagraph (D) and redesignating subparagraphs (E) and (F) in order as subparagraphs (D) and (E). (G) In paragraph (6)(D), as so redesignated-- (i) by striking ``may not'' and inserting ``shall''; and (ii) by inserting before the period the following: ``, if the Secretary determines that the Council decision had an effect on the financial interest of an affected individual and the affected individual's vote decided the Council action''. (H) By amending paragraph (6)(E), as so redesignated, to read as follows: ``(E) The Secretary, in consultation with the Councils and by not later than one year after the date of enactment of the Fisheries Management Reform Act of 2004, shall promulgate regulations that allow for the making of determinations under subparagraphs (B) and (C).''. (2) Conforming amendment.--Section 307(1)(O) (16 U.S.C. 1857(1)(O)) is amended by striking ``302(j)(7)(A)'' and inserting ``307(j)(6)(A)''. SEC. 5. REGIONAL SCIENCE AND TECHNICAL TEAMS. Section 302(g) (16 U.S.C. 1852(g)) is amended-- (1) by redesignating paragraph (5) as paragraph (6), and by inserting after paragraph (4) the following: ``(5) Regional science and technical teams.--(A) The Secretary shall establish regional science and technical teams to provide the Secretary with recommendations to carry out section 303(e). ``(B) Each science and technical team established under this paragraph shall consist of Federal, State, and academic qualified independent scientists. ``(C) Each science and technical team established under this paragraph shall-- ``(i) based on the best scientific information available, recommend to the Secretary-- ``(I) acceptable biological catch and bycatch limits, including annual limits, that are consistent with the national standard set forth in section 301(a)(1) and that consider predator-prey relationships and other ecological factors; ``(II) specific habitat and area protections necessary to protect essential fish habitats; and ``(III) specific requirements necessary to protect species listed as threatened species or endangered species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); ``(ii) allow an opportunity for public input, including with respect to catch and bycatch limits and habitat protection measures recommended by the team, consider such input in developing its recommendations, and create a public record of such input and the team's response to such input; and ``(iii) publish its recommendations in the Federal Register. ``(D) Recommendations of a regional science and technical team submitted to the Secretary under this paragraph must be subjected to peer review by qualified independent scientists.''; and (2) by adding at the end the following: ``(7) For the purposes of this subsection, the term `qualified independent scientists' means individuals who-- ``(A) through publication of peer-reviewed scientific literature and academic training, have demonstrated scientific expertise in fisheries science or marine ecology; and ``(B) have no direct financial interest, and are not employed by any person with a direct financial interest, in any fishery.''. SEC. 6. CONTENTS OF FISHERY MANAGEMENT PLANS. (a) Required Provisions Regarding Protection, Restoration, and Promotion of Ecosystems.--Section 303(a)(1) (16 U.S.C. 1853(a)(1)) is amended-- (1) in subparagraph (A) by inserting before the semicolon the following: ``and the associated ecosystem''; (2) by striking ``and'' after the semicolon at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``; and'', and by adding at the end the following: ``(D) consistent with the conservation and management measures developed by the Secretary pursuant to subsection (e), except a Council may modify any conservation and management measure to provide greater conservation in order to achieve plan objectives, including to protect and maintain the ecological role of forage fish.''; and (3) by amending paragraph (14) to read as follows: ``(14) allocate any quotas or other conservation and management measures established by the Secretary under subsection (e) fairly and equitably among the commercial, recreational, and charter fishing sectors in the fishery, and allow individual sectors of the fishery to develop allocation plans subject to the approval of the Council.''. (b) Development of Conservation and Management Measures by Secretary.--Section 303 (16 U.S.C. 1853) is amended by adding at the end the following: ``(e) Development of Conservation and Management Measures by Secretary.--The Secretary shall, based on recommendations of the regional science and technical teams established under section 302(g)(5), provide Councils conservation and management measures for incorporation into fishery management plans, plan amendments, or annual specifications, that establish-- ``(1) catch and bycatch limits that do not exceed acceptable biological catch limits, including annual limits, that are consistent with the national standard set forth in section 301(a)(1) and that consider predator-prey relationships and other ecological factors; ``(2) specific habitat and area protections necessary to protect essential fish habitats; and ``(3) specific requirements necessary to protect species listed as endangered species or threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533).''.

Fisheries Management Reform Act of 2004 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Administrator of the National Oceanic and Atmospheric Administration (NOAA) (currently, the Secretary of Commerce) to appoint members to the Regional Fishery Management Councils who, by reason of their occupational or other experience, are knowledgeable regarding the conservation and management, or the commercial or recreational harvest, of fishery resources. Revises requirements for the composition of such councils and the qualifications of voting Council members. Sets forth certain requirements with respect to: (1) training of appointed Council members; and (2) disclosure of financial interest and recusal of Council members. Directs the Secretary to establish regional science and technical teams to make recommendations on certain matters, on the basis of which the Secretary shall provide Councils conservation and management measures for incorporation into fishery management plans that establish: (1) catch and bycatch limits; (2) specific habitat and area protections to protect essential fish habitats; and (3) specific requirements necessary to protect endangered species.

To amend the Magnuson-Stevens Fishery Conservation and Management Act to provide for stewardship of fishery resources for the American public, and for other purposes.

SECTION 1. SHORT TITLE. This Act my be cited as the ``School Safety Act of 1999''. SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) Placement in Alternative Educational Settings.--Section 615(k) of the Individual with Disabilities Education Act (20 U.S.C. 1415(k)) is amended-- (1) in paragraph (1)(A)(ii), by striking ``45 days if--'' and all that follows through ``(II) the child'' and inserting ``45 days if the child''; (2) in paragraph (2), by striking ``A hearing'' and inserting ``Except as provided in paragraph (10), a hearing''; (3) by redesignating paragraph (10) as paragraph (11); (4) by inserting after paragraph (9) the following new section: ``(10) Expulsion or suspension with respect to weapons.-- ``(A) Authority of school personnel with respect to weapons.--Notwithstanding any other provision of this Act, school personnel may suspend or expel a child with a disability who-- ``(i) carries or possesses a weapon to or at a school, on school premises, or to or at a school function under the jurisdiction of a State or a local educational agency; or ``(ii) threatens to carry, possess, or use a weapon to or at a school, on school premises, or to or at a school function under the jurisdiction of a State or a local educational agency; in the same manner in which such personnel would suspend or expel a child without a disability. ``(B) Definitions.--For the purposes of this paragraph: ``(i) Weapon.--The term `weapon' has the meaning given the term under applicable State law. ``(ii) Threatens to carry, possess, or use a weapon.--The term `threatens to carry, possess, or use a weapon' includes behavior in which a child verbally threatens to kill another person. ``(C) Free appropriate public education.-- ``(i) Ceasing to provide education.--A child expelled or suspended under subparagraph (A) shall not be entitled to continued educational services, including, but not limited to a free appropriate public education, under this Act, during the term of such expulsion or suspension, if the State in which the local educational agency responsible for providing educational services to such child does not require a child without a disability to receive educational services after being suspended or expelled. ``(ii) Providing education.-- Notwithstanding clause (i), the local educational agency responsible for providing educational services to a child with a disability who is expelled or suspended under subparagraph (A) may choose to continue to provide educational services to such child. If the local educational agency so chooses, then-- ``(I) nothing in this Act shall require the local educational agency to provide such child with a free appropriate public education, or any particular level of service; and ``(II) the site where the local educational agency provides the services shall be left to the discretion of the local educational agency.''. (5) in paragraph (11) (as redesignated in paragraph (3)), by striking subparagraph (D). (b) Conforming Amendments.-- (1) Section 612(a)(1)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(1)(A)) is amended by inserting before the period ``(except as provided in section 615(k)(10))''. (2) Section 615(f)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(f)(1)) is amended by inserting at the beginning of the first sentence ``Except as provided in section 615(k)(10),''. SEC. 3. AMENDMENT TO THE GUN-FREE SCHOOLS ACT OF 1994. Subsection (c) of section 14601 of the Gun-Free Schools Act of 1994 (20 U.S.C. 8921) is amended to read as follows: ``(c) Special Rule.--Notwithstanding any other provision of this section, this section shall be subject to section 615(k)(10) of the Individual with Disabilities Education Act (20 U.S.C. 1415(k)(10)).''.

Authorizes school personnel to discipline (including expel or suspend), in the same manner in which such personnel may discipline a child without a disability, a child with a disability who: (1) carries or possesses a weapon to or at a school, on school premises, or to or at a school function under the jurisdiction of a State or local educational agency (LEA); or (2) threatens to do so, which includes behavior in which a child verbally threatens to kill another person. Declares that a child expelled or suspended shall not be entitled to continued educational services, including a free appropriate public education, during the term of such expulsion or suspension, if the State does not require a child without a disability to receive educational services after being expelled or suspended. Authorizes the LEA, even if State law does not require it to do so, to choose to continue to provide educational services, at any level of services and at a site it chooses. Amends the Gun-Free Schools Act of 1994 to subject certain provisions to IDEA requirements added by this Act for school expulsion or suspension, because of a weapons violation, of a child with a disability.

School Safety Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Reporting Improvements Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Social Security Advisory Board, the Technical Panel on Assumptions and Methods of the Social Security Advisory Board (in this Act referred to as the ``Panel''), and the Office of the Chief Actuary of the Social Security Administration should be commended for their professional, nonpartisan work to project the future financial operations of the social security program established under title II of the Social Security Act. (2) The Panel reported its recommendations in November 1999. (3) The Panel recommended a series of changes to current projections of the financial operations of the social security program which would, if adopted, increase existing estimates of the program's unfunded obligations. (4) The Panel further recommended the use of standards of comparison that emphasize program sustainability, such as showing the program's projected annual income rates, cost rates, and balances with an emphasis that is equal to 75-year program solvency. (5) The Panel further recommended that reform proposals be evaluated using standards of comparison that include the proposal's impact on the Federal unified budget, as well as a recognition of the funding shortfalls present under current law. (6) The Panel made several other recommendations that are worthy of consideration, involving issues that include, but are not limited to, workforce participation, poverty rates among the elderly, and assumptions regarding equity investment returns. (7) Adoption of the Panel's recommendations would assist in developing a fiscally responsible reform solution that avoids passing hidden costs to future taxpayers. SEC. 3. ANNUAL REPORT FROM THE COMMISSIONER OF SOCIAL SECURITY. (a) In General.--Section 704 of the Social Security Act (42 U.S.C. 904) is amended by adding at the end the following new subsection: ``Annual Report to Congress ``(f) The Commissioner, in conjunction with the Secretary, the Secretary of the Treasury, and the Director of the Office of Management and Budget, shall submit an annual report to Congress that includes the following: ``(1) Projections of the old-age, survivors, and disability insurance program's (in this subsection referred to as the `program') annual income rates, cost rates, and annual balances throughout the 75-year valuation window used by the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (in this subsection referred to as the `Board of Trustees'). ``(2) A clear and explicit presentation of the program's financing shortfalls, expressed as the excess in dollars of program outlays over revenues, in years that the sum of payroll tax revenues and revenues resulting from taxes imposed on benefits provided under the program are projected by the Board of Trustees to be less than program outlays. ``(3) A presentation of benefit levels under the program and tax rates throughout the long-range valuation period used by the Board of Trustees that reflects the extent to which benefits would need to be reduced to be funded under currently projected program revenues, and the percentage that taxes would need to be increased in order to fund promised benefits. ``(4) An evaluation of the effects upon national savings levels and on the fiscal operations of the Federal Government of enacted provisions of law relating to the program. ``(5) Estimates of average lifetime values of benefits for different age, income, and gender cohorts, respectively, for recipients of benefits under the program, that are consistent with the estimates of the Board of Trustees of the percentage of benefits that can be funded under such enacted provisions of law.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to reports made for calendar years beginning after the date of enactment of this Act. SEC. 4. SENSE OF CONGRESS REGARDING SOCIAL SECURITY REFORM LEGISLATION. It is the sense of Congress that Congress and the President should not miss a critical opportunity to enact comprehensive bipartisan social security reform legislation that meets the standard of 75-year actuarial solvency and also addresses the following issues: (1) The permanent sustainability of the social security program. (2) The long-term impact of reform upon the fiscal operations of the Federal Government as a whole. (3) The need for a clear and explicit presentation of the anticipated reduction in the social security program's unfunded obligations. (4) Ensured continued solvency under alternative assumptions regarding mortality, fertility, rates of return, and other appropriate economic and demographic assumptions. (5) The total amount of retirement income provided under proposed reform in comparison to a standard that explicitly recognizes the benefit reductions or tax increases that enacted provisions of law relating to the social security program would require, according to the estimates in the most recent report of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund. (6) The long-term impact of the current projections of insolvency and of alternative reform proposals upon workforce participation, poverty among the elderly, national savings levels, and other issues identified by the Panel. SEC. 5. SENSE OF CONGRESS REGARDING IMPLEMENTATION OF RECOMMENDATIONS. It is the sense of Congress that the recommendations of the Panel should be implemented to the extent deemed reasonable by the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, in consultation with the agencies and offices that have research, estimating, and reporting responsibilities pertinent to the social security program.

Expresses the sense of Congress that Congress and the President should not miss a critical opportunity to enact comprehensive bipartisan social security reform legislation that meets the standard of 75-year actuarial solvency, and also addresses outlined issues, including the permanent sustainability of the social security program and the long-term impact of reform upon fiscal operations of the Federal Government as a whole. Expresses the sense of Congress that the recommendations of the Technical Panel on Assumptions and Methods of the Social Security Advisory Board should be implemented to the extent reasonable by the Board of Trustees of the social security trust funds.

Social Security Reporting Improvements Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Education Loan Modification Act of 2015''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) as of 2015, the Federal Reserve Consumer Credit Report stated that there is more than $1,300,000,000,000 in outstanding student loan debt in the United States, including more than $150,000,000,000 in private education loans; (2) in 2008, 81 percent of individuals graduating with an undergraduate degree with more than $40,000 in student loans had a private education loan; (3) according to a 2012 study of the private student loan market published by the Department of Education and the Bureau of Consumer Financial Protection, there were 850,000 private student loan defaults with an outstanding principal balance more than $8,000,000,000; (4) the limited number of lenders in the private education loan marketplace reduce the ability of borrowers with private education loans to restructure, refinance, or negotiate repayment terms for their current loans, leading to excessive debt burdens and potential default; (5) as reported by the Student Loan Ombudsman of the Consumer Financial Protection Bureau in the 2014 annual report, it appears that few, if any, private student lenders and loan servicers have developed transparent, widely offered flexible repayment options that mitigate defaults for borrowers in distress; (6) excessive student indebtedness reduces economic activity, threatens homeownership, hurts small business growth, and limits opportunities for economic expansion across rural and urban communities; and (7) as noted in 2013, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Board of Governors of the Federal Reserve System encouraged financial institutions to work constructively with private student loan borrowers experiencing financial difficulties, so borrowers have access to safe-and-sound lending practices. (b) Purpose.--The purpose of this Act is to spur economic growth, by establishing a mechanism to allow borrowers of private education loans to refinance their loans in order-- (1) to facilitate greater competition in the private education lending and refinancing markets, particularly those serving underserved and rural locations; (2) to address inefficiencies in the private education lending and refinancing markets; (3) to encourage innovation in the private education refinancing markets; and (4) to promote the participation of private capital in the private education refinancing markets. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``private education loan'' has the same meaning as in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)); and (2) the term ``Secretary'' means the Secretary of the Treasury, other than in the context of the Secretary of Education. SEC. 4. TEMPORARY AUTHORITY TO CREATE A CREDIT FACILITY TO INCREASE MARKET EFFICIENCY IN THE STUDENT LOAN MARKET. (a) Authority.-- (1) In general.-- (A) Credit facilities authorization.--Upon a determination by the Secretary that borrowers are unable to secure adequate credit accommodations with existing private education loans, the Secretary, notwithstanding any provision of section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091), is authorized to establish lending, purchase, and other credit facilities to-- (i) accommodate reasonable refinancing opportunities or other loan adjustments that-- (I) improve the sustainability of payments for the borrower; and (II) reduce the likelihood of delinquency and default on private education loans; (ii) benefit borrowers that are most likely to have private student debt service obligations that represent a disproportionate share of their income; and (iii) ensure that borrowers pay lower interest rates that are commensurate with credit risk, so that they may pursue more economically productive activities, such as home purchases and small business formation. (B) Consultation.-- (i) In general.--Any determination under subparagraph (A) shall be made jointly with the Secretary of Education and the Director of the Bureau of Consumer Financial Protection. (ii) Compliance system.--Prior to establishing a facility under this subsection, the Secretary, or any administrator designated by the Secretary to establish a program to carry out the authority provided in this subsection, shall establish a compliance system in consultation with the Bureau of Consumer Financial Protection. (2) No net cost to government.--Mechanisms established under this subsection shall not result in any net cost to the Federal Government, as determined jointly by the Secretary, the Secretary of Education, and the Director of the Office of Management and Budget. (b) Federal Register Notice.--Prior to exercising any authority provided under subsection (a), the Secretary shall publish a notice in the Federal Register to seek comment from interested parties on its proposed exercise of such authority, including-- (1) the terms and conditions governing the lending, purchases, or other credit facilities authorized by subsection (a); (2) an outline of methodology and factors considered in the purchase or restructuring of private education loans; (3) private education loan modification options that may be available for existing loans; (4) how they will ensure that borrowers whose education debt service obligations represent a disproportionate share of their income will be provided relief; (5) how the use of the methodology and factors, as proposed in the notice, will be used to ensure that any exercise of authority by the Secretary will result in no net cost to the Federal Government; and (6) how any mechanism will be designed to avoid extraordinary gains by market participants holding loans in distress. (c) Initial Report.--Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that includes-- (1) current market liquidity and the status of loan financing by lenders, including those serving underserved and rural locations; (2) the public economic benefits and funds necessary for initiating a private education loan program; (3) upon determining limited access to loans by borrowers, a plan of the Secretary to implement credit mechanisms under the authority of this Act; (4) a description of macroeconomic benefits of increased efficiency and refinance activity in the student loan market; and (5) a description of the benefits through the use of such authority to private education loan borrowers, including how any incidental net gain from the credit mechanism would be used to benefit student borrowers. (d) Annual Reports.--Beginning 1 year after the date of the first use of the authority provided under this section, the Secretary shall provide an annual report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives describing the utilization, impact, and financial performance of any program established under the authority of this section. (e) Public Awareness.--Not later than 60 days after the date of publication of a notice in the Federal Register pursuant to subsection (b), the Secretary, in consultation with the Secretary of Education and the Director of the Bureau of Consumer Financial Protection, shall begin a national awareness campaign to alert all private education loan borrowers who may benefit from any program or facilities established under this section. Such campaign shall include outreach to targeted populations of borrowers that are most likely to have private education loan debt service obligations that represent a disproportionate share of their income. (f) Expiration of Authority.--Three years after the date on which a credit facility is established under this Act, and not later than 5 years after the date of enactment of this Act, any new lending, purchase, or other activity initiated through the facilities established by the Secretary under subsection (a) shall cease. SEC. 5. SENSE OF CONGRESS. It is the sense of Congress that the Federal financial institutions, such as the Federal Financing Bank and the Federal Reserve banks, and federally chartered private entities, such as the Federal home loan banks, should consider, in consultation with the Secretary, the Secretary of Education, and the Director of the Bureau of Consumer Financial Protection, using available authorities in a timely manner, if needed, to assist in ensuring that borrowers of private education loans can secure credit accommodations to refinance existing loans, in a manner that results in no increased costs to taxpayers and will avoid extraordinary gains by market participants holding loans in distress in order to avoid unnecessary loan modifications.

Private Education Loan Modification Act of 2015 This bill temporarily authorizes the Department of the Treasury to establish credit facilities, at no net cost to the federal government, to refinance private student loans to ensure lower interest rates for borrowers. Treasury must first determine that existing borrowers are unable to secure adequate credit accommodations to refinance private student loans. The bill directs Treasury to conduct a national awareness campaign to alert private student loan borrowers who may benefit. It expresses the sense of the Congress that federal financial institutions and federally chartered private entities should assist borrowers in refinancing existing private student loans.

Private Education Loan Modification Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Treatment for Experienced Pilots Act''. SEC. 2. AGE STANDARDS FOR PILOTS. (a) In General.--Chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44729. Age standards for pilots ``(a) In General.--Subject to the limitation in subsection (c), a pilot may serve in multicrew covered operations until attaining 65 years of age. ``(b) Covered Operations Defined.--In this section, the term `covered operations' means operations under part 121 of title 14, Code of Federal Regulations. ``(c) Limitation for International Flights.-- ``(1) Applicability of icao standard.--A pilot who has attained 60 years of age may serve as pilot-in-command in covered operations between the United States and another country only if there is another pilot in the flight deck crew who has not yet attained 60 years of age. ``(2) Sunset of limitation.--Paragraph (1) shall cease to be effective on such date as the Convention on International Civil Aviation provides that a pilot who has attained 60 years of age may serve as pilot-in-command in international commercial operations without regard to whether there is another pilot in the flight deck crew who has not attained age 60. ``(d) Sunset of Age 60 Retirement Rule.--On and after the date of enactment of this section, section 121.383(c) of title 14, Code of Federal Regulations, shall cease to be effective. ``(e) Applicability.-- ``(1) Nonretroactivity.--No person who has attained 60 years of age before the date of enactment of this section may serve as a pilot for an air carrier engaged in covered operations unless-- ``(A) such person is in the employment of that air carrier in such operations on such date of enactment as a required flight deck crew member; or ``(B) such person is newly hired by an air carrier as a pilot on or after such date of enactment without credit for prior seniority or prior longevity for benefits or other terms related to length of service prior to the date of rehire under any labor agreement or employment policies of the air carrier. ``(2) Protection for compliance.--An action taken in conformance with this section, taken in conformance with a regulation issued to carry out this section, or taken prior to the date of enactment of this section in conformance with section 121.383(c) of title 14, Code of Federal Regulations (as in effect before such date of enactment), may not serve as a basis for liability or relief in a proceeding, brought under any employment law or regulation, before any court or agency of the United States or of any State or locality. ``(f) Amendments to Labor Agreements and Benefit Plans.--Any amendment to a labor agreement or benefit plan of an air carrier that is required to conform with the requirements of this section or a regulation issued to carry out this section, and is applicable to pilots represented for collective bargaining, shall be made by agreement of the air carrier and the designated bargaining representative of the pilots of the air carrier. ``(g) Medical Standards and Records.-- ``(1) Medical examinations and standards.--Except as provided by paragraph (2), a person serving as a pilot for an air carrier engaged in covered operations shall not be subject to different medical standards, or different, greater, or more frequent medical examinations, on account of age unless the Secretary determines (based on data received or studies published after the date of enactment of this section) that different medical standards, or different, greater, or more frequent medical examinations, are needed to ensure an adequate level of safety in flight. ``(2) Duration of first-class medical certificate.--No person who has attained 60 years of age may serve as a pilot of an air carrier engaged in covered operations unless the person has a first-class medical certificate. Such a certificate shall expire on the last day of the 6-month period following the date of examination shown on the certificate. ``(h) Safety.-- ``(1) Training.--Each air carrier engaged in covered operations shall continue to use pilot training and qualification programs approved by the Federal Aviation Administration, with specific emphasis on initial and recurrent training and qualification of pilots who have attained 60 years of age, to ensure continued acceptable levels of pilot skill and judgment. ``(2) Line evaluations.--Not later than 6 months after the date of enactment of this section, and every 6 months thereafter, an air carrier engaged in covered operations shall evaluate the performance of each pilot of the air carrier who has attained 60 years of age through a line check of such pilot. Notwithstanding the preceding sentence, an air carrier shall not be required to conduct for a 6-month period a line check under this paragraph of a pilot serving as second-in-command if the pilot has undergone a regularly scheduled simulator evaluation during that period. ``(3) GAO report.--Not later than 24 months after the date of enactment of this section, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report concerning the effect, if any, on aviation safety of the modification to pilot age standards made by subsection (a).''. (b) Clerical Amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44729. Age standards for pilots.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Fair Treatment for Experienced Pilots Act - Amends federal transportation law to allow a pilot who has attained 60 years of age to serve as a passenger airline pilot until the age of 65, provided that a pilot who has attained age 60 may serve as pilot-in-command on international flights only if there is another pilot in the flight crew who has not yet attained 60 years of age. Prohibits subjecting pilots to different medical examinations and standards on account of age unless to ensure an adequate level of safety in flight, except that no person who has attained 60 years of age may serve as a pilot unless such person has a first-class medical certificate. Requires air carriers to: (1) continue to provide FAA-approved training to pilots, with specific emphasis on initial and recurring training and qualification of pilots who have attained 60 years of age; and (2) evaluate, every six months, the performance of pilots who have attained 60 years of age through a line check of such pilot. Requires the Comptroller General to report to Congress on the effect of the modification of pilot age requirements, if any, on aviation safety.

To amend title 49, United States Code, to modify age standards for pilots engaged in commercial aviation operations.

SECTION 1. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED OR MISBRANDED DRUGS. (a) Prohibited Acts.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(uu) The failure to comply with-- ``(1) the notification requirement under section 568(a); ``(2) an order issued under paragraph (1) of section 568(c), following a hearing, if requested, under paragraph (2)(C) of such section; ``(3) an order amended under paragraph (2) or paragraph (3) of section 568(c); or ``(4) an emergency order issued under section 568(d).''. (b) Nondistribution and Recall of Adulterated or Misbranded Drugs.--Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb et seq.) is amended by adding at the end the following: ``SEC. 568. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF CERTAIN ADULTERATED OR MISBRANDED DRUGS. ``(a) Notification Regarding Certain Adulterated or Misbranded Drugs.-- ``(1) In general.--Any person required to register under section 510 shall, as soon as practicable, notify the Secretary of the identity and location of a drug, if such person has reason to believe-- ``(A) that such drug, when introduced into or while in interstate commerce, or while held for sale (regardless of whether the first sale) after shipment in interstate commerce, is adulterated or misbranded; and ``(B) there is a reasonable probability that the use or consumption of, or exposure to, the drug (or an ingredient or component used in any such drug) will cause a threat of serious adverse health consequences or death to humans or animals. ``(2) Manner of notification.--Notification under paragraph (1) shall be made in such manner and by such means as the Secretary may require by regulation or guidance. ``(b) Voluntary Recall.--The Secretary may request that any person who distributes a drug that the Secretary has reason to believe is adulterated, misbranded, or otherwise in violation of this Act voluntarily-- ``(1) recall such drug; and ``(2) provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. ``(c) Order To Cease Distribution and Recall Drug and Related Procedures.-- ``(1) Issuance of order.--If the Secretary has reason to believe that the use or consumption of, or exposure to, a drug (or an ingredient or component used in any such drug) may cause serious adverse health consequences or death to humans or animals, the Secretary shall have the authority to issue an order requiring any person who distributes such drug-- ``(A) to immediately cease distribution of such drug; and ``(B) to provide for notice, including to individuals as appropriate, to persons who may be affected by such cessation of distribution. ``(2) Action following order.-- ``(A) Cease distribution and notification.--Any person who is subject to an order under paragraph (1) shall immediately cease distribution of such drug and provide notification as required by such order. ``(B) Appeal.--Any person who is subject to an order under paragraph (1) may appeal within 24 hours of issuance such order to the Secretary. Such appeal may include a request for an informal hearing and a description of any efforts to recall such drug undertaken voluntarily by the person, including after a request under subsection (b). ``(C) Informal hearing.--Except as provided in subsection (d), if an appeal made under subparagraph (B) contains a request for an informal hearing, such hearing shall be held as soon as practicable, but not later than 5 calendar days, or less as determined by the Secretary, after such an appeal is filed, unless the parties jointly agree to an extension. ``(D) Determination.--After affording an opportunity for an informal hearing, the Secretary shall determine-- ``(i) whether-- ``(I) the order under paragraph (1) should be amended to require a recall of such drug; or ``(II) inadequate grounds exist to support the actions required by the order; or ``(ii) that the order under paragraph (1) was appropriate as issued. ``(E) Amendment or vacation of order.-- ``(i) Amendment.--In the case of a determination made under subparagraph (D)(i)(I), the Secretary shall amend the order made under paragraph (1) accordingly. ``(ii) Vacation.--In the case of a determination made under subparagraph (D)(i)(II), the Secretary shall vacate the order made under paragraph (1). ``(3) Order to recall.-- ``(A) Amendment.--Except as provided under subsection (d), if after providing an opportunity for an informal hearing under paragraph (2)(C), the Secretary determines that the order should be amended to include a recall of the drug with respect to which the order was issued, the Secretary shall amend the order to require a recall. ``(B) Contents.--An amended order under subparagraph (A) shall-- ``(i) specify a timetable in which the recall will occur; ``(ii) require periodic reports to the Secretary describing the progress of the recall; and ``(iii) provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. In providing for such notice, the Secretary may allow for the assistance of health professionals, State or local officials, or other individuals designated by the Secretary. ``(C) Nondelegation.--An amended order under this paragraph shall be ordered by the Secretary or an official designated by the Secretary. An official may not be so designated unless the official is the director of the district under this Act in which the drug involved is located, or is an official senior to such director. ``(d) Emergency Recall Order.-- ``(1) In general.--If the Secretary has credible evidence or information that a drug subject to an order under subsection (c)(1) presents an imminent threat of serious adverse health consequences or death to humans or animals, the Secretary may issue an order requiring any person who distributes such drug-- ``(A) to immediately recall such drug; and ``(B) to provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. ``(2) Action following order.-- ``(A) Recall and notification.--Any person who is subject to an emergency recall order under this subsection shall immediately recall such drug and provide notification as required by such order. ``(B) Appeal.-- ``(i) Timing.--Any person who is subject to an emergency recall order under this subsection may appeal within 24 hours after issuance such order to the Secretary. ``(ii) Continuation of recall.--The person subject to an emergency recall order shall conduct the recall notwithstanding the pendency of any appeal of such order. ``(C) Informal hearing.--An informal hearing shall be held as soon as practicable but not later than 5 calendar days, or less as determined by the Secretary, after an appeal under subparagraph (B) is filed, unless the parties jointly agree to an extension. ``(D) Determination.--After affording an opportunity for an informal hearing, the Secretary shall determine-- ``(i) whether-- ``(I) the order under paragraph (1) should be amended to require a recall of such drug; or ``(II) inadequate grounds exist to support the actions required by the order; or ``(ii) that the order under paragraph (1) was appropriate as issued. ``(E) Amendment or vacation of order.-- ``(i) Amendment.--In the case of a determination made under subparagraph (D)(i)(I), the Secretary shall amend the order made under paragraph (1) accordingly. ``(ii) Vacation.--In the case of a determination made under subparagraph (D)(i)(II), the Secretary shall vacate the order made under paragraph (1). ``(3) Nondelegation.--An order under this subsection shall be issued by the Commissioner of Food and Drugs, the Principal Deputy Commissioner, or the Associate Commissioner for Regulatory Affairs of the Food and Drug Administration. ``(e) Notice to Consumers and Health Officials.--The Secretary shall, as the Secretary determines to be necessary, provide notice of a recall order under this section to consumers to whom the drug was, or may have been, distributed and to appropriate State and local health officials. ``(f) Savings Clause.--Nothing contained in this section shall be construed as limiting-- ``(1) the authority of the Secretary to issue an order to cease distribution of, or to recall, a drug under any other provision of this Act or the Public Health Service Act; or ``(2) the ability of the Secretary to request any person to perform a voluntary activity related to any drug subject to this Act or the Public Health Service Act.''. (c) Effective Date.--The amendments made by this section shall take effect one year period after the date of the enactment of this Act.

Amends the Federal Food, Drug, and Cosmetic Act to require any registered producer of a drug or device to notify the Secretary of Health and Human Services (HHS), as soon as practicable, of the identity and location of a drug, if such person has reason to believe: (1) that such drug is adulterated or misbranded; and (2) there is a reasonable probability that the use or consumption of, or exposure to, the drug will cause a threat of serious adverse health consequences or death to humans or animals. Authorizes the Secretary to: (1) request that any person who distributes a drug that the Secretary has reason to believe is adulterated, misbranded, or otherwise in violation of the FFDCA voluntarily recall such drug; (2) issue an order requiring any person who distributes a drug that may cause serious adverse health consequences or death to humans or animals to immediately cease distribution of such drug; (3) amend the order to cease distribution to include a recall of the drug after an opportunity for an informal hearing; and (4) issue an order requiring an immediate recall of a drug if the Secretary has credible evidence or information that a drug subject to a cease distribution or recall order presents an imminent threat of serious adverse health consequences or death to humans or animals. Provides for notice to affected persons. Prohibits the failure to comply with the notification requirements of, or orders issued pursuant to, this Act. Requires the Secretary to provide notice of a recall order to consumers to whom the drug was, or may have been, distributed and to appropriate state and local health officials, as necessary.

To provide for the mandatory recall of adulterated or misbranded drugs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``The White House Conference on Food and Nutrition''. SEC. 2. FINDINGS. The Congress finds the following: (1) Hunger and undernutrition are political conditions that can be solved. (2) Access to healthy food and good nutrition should be a fundamental right of all Americans. (3) Nearly 40 years have passed since the United States convened a White House conference to comprehensively address the issues of food, hunger, health, and nutrition in America. (4) More than 35,500,000 Americans live in households that face a constant struggle against hunger, 12,600,000 of whom are children and 5,000,000 of whom are seniors, the disabled, and the critically ill. (5) The Government spends more than $55,000,000,000 every year responding to the concurrent epidemics of hunger and undernutrition, yet the number of Americans facing hunger continues to grow and our Nation's nutritional health is declining. (6) Conservative cost estimates show that the true cost of hunger and illness related to undernutrition in America is at least $90,000,000,000 a year, more than half of which is paid by Medicare and Medicaid. (7) Appropriate food and nutrition can save the United States billions of dollars in health care costs by preventing or delaying the progression to late-stage disease for tens of millions of Americans who live with chronic diseases, such as diabetes, HIV, AIDS, and heart disease. The costs of the effects and treatments of those diseases are significantly exacerbated by hunger, food insecurity, and undernutrition. (8) A national discussion of the root causes of hunger, food insecurity, and undernutrition, as well as identification of solutions to these epidemics, can lead to action to implement such solutions and to end hunger in America. SEC. 3. AUTHORIZATION OF THE CONFERENCE. (a) Authority To Call Conference.--Not later than December 31, 2010, the President shall call the White House Conference on Food and Nutrition (in this Act referred to as the ``Conference'') to be convened not later than 18 months after the selection of the Policy Committee established in section 4, in order to make fundamental policy recommendations on ways to end hunger and to improve nutrition in the United States and to implement the purposes set forth in subsection (c). (b) Planning and Direction.--The Secretary of Health and Human Services, the Secretary of Agriculture, and the Secretary of the Treasury (in this Act referred to as the ``Cochairs'') shall plan, conduct, and convene the Conference, in consultation with the Surgeon General. (c) Purposes of the Conference.--The purposes of the Conference are to-- (1) identify viable solutions for ending hunger in the United States; (2) review the current structure, scope, and effectiveness of existing legislation and programs at the Federal, State, and local levels that provide for the nutritional needs of food- insecure people living in the United States; (3) determine the extent to which current Federal, State, and local programs that provide for the nutritional health of Americans can better use available resources and ensure greater coordination among such programs; (4) identify new ways to utilize the abundant agricultural resources of the United States to meet the nutritional needs of all Americans; (5) highlight emerging and innovative programs from the public and private sectors, including community-based and faith-based organizations that effectively address the nutrition needs of vulnerable Americans and recommend such programs as can be reasonably and cost-effectively replicated; (6) identify opportunities for effective partnerships between the Government, industry, labor, healthcare, and the nonprofit sectors to fight hunger in the United States; (7) explore the possibility of creating a Federal office within the Department of Agriculture to oversee the Nation's response to persistent and widespread hunger and food insecurity, to include the oversight and coordination of all Federal, State, and local antihunger programs; (8) bring public attention to the more than 35,500,000 people living in the United States that face a constant struggle against hunger, food insecurity, and inadequate nutrition; (9) illustrate the medical, developmental, and educational impact of hunger, food insecurity, and inadequate nutrition, and the potential savings to the United States health care system, educational system, and other sectors when appropriate food is available to the critically and chronically ill; (10) build understanding of the true cost of hunger in the United States, to include lost wages, diminished stamina, reduced capacity to learn, and the impact of despair; and (11) build understanding that the ever-burgeoning dual epidemic of hunger and undernutrition is a matter of national security. SEC. 4. POLICY COMMITTEE; RELATED COMMITTEES. (a) Establishment.--Not later than June 30, 2009, there is established a Policy Committee comprising of 17 members to be selected as follows: (1) Presidential appointees.--Nine members shall be selected by the President and shall include-- (A) 3 members who are officers or employees of the United States, including the Surgeon General; and (B) 6 members with experience in addressing the needs of food-insecure and undernourished people in the United States. (2) House appointees.-- (A) Two members shall be selected by the Speaker of the House of Representatives after consultation with the chairperson of the Committee on Education and Labor, the chairperson of the Committee on Ways and Means, and the chairperson of the Committee on Agriculture, of the House of Representatives. (B) Two members shall be selected by the minority leader of the House of Representatives, after consultation with the ranking minority members of such committees. (3) Senate appointees.-- (A) Two members shall be selected by the majority leader of the Senate, after consultation with members of the Committee on Health, Education, Labor, and Pensions, the Committee on Agriculture, and the Committee on Finance, and the Appropriations Subcommittee on Agriculture, Rural Development, and Related Agencies, of the Senate. (B) Two members shall be selected by the minority leader of the Senate, after consultation with members of such committees. (b) Voting; Chairperson.-- (1) The Policy Committee shall act by the vote of a majority of the members present. A quorum of Committee members shall not be required to conduct Committee business. (2) The Surgeon General shall serve as the chairperson of the Policy Committee. The chairperson may vote only to break a tie vote of the other members of the Policy Committee. (c) Duties of the Policy Committee.--The Policy Committee shall initially meet at the call of the Cochairs, not later than 30 days after the last member is selected under subsection (a). Subsequent meetings of the Policy Committee shall be held at the call of the chairperson. Through meetings, hearings, and working sessions, the Policy Committee shall-- (1) make recommendations to the Cochairs to facilitate the timely convening of the Conference; (2) submit to the Cochairs a proposed agenda for the Conference not later than 90 days after the first meeting of the Policy Committee; (3) make recommendations for the delegates of the Conference; (4) establish the number of delegates to be selected under section 5; and (5) establish an executive committee consisting of 3 members of the Policy Committee to work with delegates of the Conference. SEC. 5. CONFERENCE DELEGATES. To carry out the purposes of the Conference, the Cochairs shall bring together delegates representative of the spectrum of thought in the field of food and nutrition, without regard to political affiliation or past partisan activity, who shall include-- (1) representatives of Federal, State, and local governments; (2) professional people and laypeople who are working in the field of food, health, nutrition, and economic security; and (3) representatives of the general public who are affected by hunger in the United States. SEC. 6. CONFERENCE ADMINISTRATION. (a) Administration.--In administering this section, the Cochairs shall-- (1) provide written notice to all members of the Policy Committee of each meeting, hearing, or working session of such Committee not later than 48 hours before the occurrence of such meeting, hearing, or working session; (2) request the cooperation and assistance of the heads of such other Federal departments and agencies as may be appropriate, including the detailing of personnel; (3) make available for public comment a proposed agenda prepared by the Policy Committee, which will reflect to the greatest extent possible the major issues facing the field of food and nutrition consistent with the purposes of the Conference set forth in section 3(c); (4) prepare and make available background materials that the Cochairs deem necessary for the use of delegates to the Conference; and (5) employ such additional personnel as may be necessary to carry out the provisions of this Act without regard to provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (b) Duties.--In carrying out the Cochairs's responsibilities and functions under this section, the Cochairs shall ensure that-- (1) the proposed agenda prepared under subsection (a)(3) is published in the Federal Register not later than 30 days after such agenda is approved by the Policy Committee; (2) the personnel employed under subsection (a)(5) are fairly balanced in terms of points of views represented and are appointed without regard to political affiliation or previous partisan activities; (3) the recommendations of the Conference are not inappropriately influenced by any public official or by any special interest, but instead are the result of the independent and collective judgment of the delegates of the Conference; and (4) before the Conference is convened-- (A) current and adequate statistical data (including decennial census data) and other information on food and nutrition in the United States; and (B) such information as may be necessary to evaluate Federal programs and policies relating to food and nutrition; which the Cochairs may obtain by making grants to or entering into an agreement with, public agencies or nonprofit organizations, are readily available in advance of the Conference to the delegates. (c) Gifts.--The Cochairs may accept, on behalf of the United States, gifts (in cash or in kind, including voluntary and uncompensated services), which shall be available to carry out this Act. Gifts of cash shall be available in addition to amounts appropriated to carry out this title. Gifts may be earmarked by the donor or the executive committee for a specific purpose. (d) Records.--The Cochairs shall maintain records regarding-- (1) the sources, amounts, and uses of gifts accepted under subsection (c); and (2) the identity of each person receiving assistance to carry out this Act, and the amount of such assistance received by each such person. SEC. 7. REPORT OF THE CONFERENCE. (a) Preliminary Report.--Not later than 100 days after the Conference adjourns, the Policy Committee shall prepare a preliminary report on the Conference which shall be published in the Federal Register and submitted to the chief executive officers of the States. The Policy Committee shall request that the chief executive officers of the States submit to the Policy Committee, not later than 45 days after receiving such report, their views and findings on such report. (b) Final Report.--Not later than 6 months after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report of the Conference which shall include a compilation of the views and findings of the chief executive officers of the States received under subsection (a); and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations for the administrative action and the legislation necessary to implement the recommendations contained in such report. SEC. 8. STATUS REPORTS. (a) Initial Status Report.--Not later than 2 years after the date on which the Conference adjourns, the Surgeon General shall-- (1) prepare a status report documenting the implementation of the recommendations contained in the final report described in section 7(b)(1); and (2) publish in the Federal Register, and transmit to the President and to Congress, such status report. (b) Subsequent Status Reports.--Not later than 5 years after the date on which the Conference adjourns, and every 5 years thereafter until all recommendations in the final report described in section 7(b)(1) are achieved, the Comptroller General shall-- (1) prepare a status report documenting the implementation of the recommendations contained in such final report; and (2) publish in the Federal Register, and transmit to the President and to Congress, such status report. SEC. 9. DEFINITION OF STATE. For the purposes of this Act, the term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, or the Commonwealth of the Northern Mariana Islands. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.-- (1) In general.--There are authorized to be appropriated to carry out this Act-- (A) such sums as may be necessary for the first fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) such sums as may be necessary for the fiscal year in which the Conference is held. (2) Limitation.--Any new spending authority or new authority to enter into contracts under this Act, and under which the United States is obligated to make outlays, shall be effective only to the extent, and in such amounts, as are provided in advance in appropriations Acts. (b) Availability of Funds.-- (1) In general.--Except as provided in paragraph (3), funds appropriated to carry out this Act and funds received as gifts under section 6(c) shall remain available for obligation or expenditure until the expiration of the 1-year period beginning on the date the Conference adjourns. (2) Unobligated funds.--Except as provided in paragraph (3), any such funds neither expended nor obligated before the expiration of the 1-year period beginning on the date the Conference adjourns shall be returned to the United States Treasury. (3) Conference not convened.--If the Conference is not convened before December 31, 2010, a trust fund shall be established and such funds shall only be available for a future Conference on Food and Nutrition.

The White House Conference on Food and Nutrition - Directs: (1) the President to call the White House Conference on Food and Nutrition to be convened in order to make fundamental policy recommendations on ways to end hunger and to improve nutrition in the United States; and (2) the Secretary of Health and Human Services, the Secretary of Agriculture, and the Secretary of the Treasury to plan and conduct the Conference. Sets forth Conference provisions.

A bill to require the President to call a White House Conference on Food and Nutrition.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Education Technology Funding Corporation Act of 1995''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--The Congress finds as follows: (1) Corporation.--There has been established in the District of Columbia a private, nonprofit corporation known as the National Education Technology Funding Corporation which is not an agency or independent establishment of the Federal Government. (2) Board of directors.--The Corporation is governed by a Board of Directors, as prescribed in the Corporation's articles of incorporation, consisting of 15 members, of which-- (A) five members are representative of public agencies representative of schools and public libraries; (B) five members are representative of State government, including persons knowledgeable about State finance, technology and education; and (C) five members are representative of the private sector, with expertise in network technology, finance and management. (3) Corporate purposes.--The purposes of the Corporation, as set forth in its articles of incorporation, are-- (A) to leverage resources and stimulate private investment in education technology infrastructure; (B) to designate State education technology agencies to receive loans, grants or other forms of assistance from the Corporation; (C) to establish criteria for encouraging States to-- (i) create, maintain, utilize and upgrade interactive high capacity networks capable of providing audio, visual and data communications for elementary schools, secondary schools and public libraries; (ii) distribute resources to assure equitable aid to all elementary schools and secondary schools in the State and achieve universal access to network technology; and . (iii) upgrade the delivery and development of learning through innovative technology-based instructional tools and applications. (D) to provide loans, grants and other forms of assistance to State education technology agencies, with due regard for providing a fair balance among types of school districts and public libraries assisted and the disparate needs of such districts and libraries; (E) to leverage resources to provide maximum aid to elementary schools, secondary schools and public libraries; and (F) to encourage the development of education telecommunications and information technologies through public-private ventures, by serving as a clearinghouse for information on new education technologies, and by providing technical assistance, including assistance to States, if needed, to establish State education technology agencies. (b) Purpose.--The purpose of this Act is to recognize the Corporation as a nonprofit corporation operating under the laws of the District of Columbia, and to provide authority for Federal departments and agencies to provide assistance to the Corporation. SEC. 3. DEFINITIONS. For the purpose of this Act-- (1) The term ``Corporation'' means the National Education Technology Funding Corporation described in section 2(a)(1); (2) the terms ``elementary school'' and ``secondary school'' have the same meanings given such terms in section 14101 of the Elementary and Secondary Education Act of 1965; and (3) the term ``public library'' has the same meaning given such term in section 3 of the Library Services and Construction Act. SEC. 4. ASSISTANCE FOR EDUCATION TECHNOLOGY PURPOSES. (a) Authorization of Assistance.--Each Federal department or agency is authorized to award grants or contracts, or provide gifts, contributions, or technical assistance, to the Corporation to enable the Corporation to carry out the corporate purposes described in section 2(a)(3). (b) Agreement.--In order to receive any assistance described in subsection (a) the Corporation shall enter into an agreement with the Federal department or agency providing such assistance, under which the Corporation agrees-- (1) to use such assistance to provide funding and technical assistance only for activities which the Board of Directors of the Corporation determines are consistent with the corporate purposes described in section 2(a)(3); (2) to review the activities of State education technology agencies and other entities receiving assistance from the Corporation to assure that the corporate purposes described in section 2(a)(3) are carried out; (3) that no part of the assets of the Corporation shall accrue to the benefit of any member of the Board of Directors of the Corporation, any officer or employee of the Corporation, or any other individual, except as salary or reasonable compensation for services; (4) that the Board of Directors of the Corporation will adopt policies and procedures to prevent conflicts of interest; (5) to maintain a Board of Directors of the Corporation consistent with section 2(a)(2); (6) that the Corporation, and any entity receiving the assistance from the Corporation, are subject to the appropriate oversight procedures of the Congress; and (7) to comply with-- (A) the audit requirements described in section 5; and (B) the reporting and testimony requirements described in section 6. (c) Construction.--Nothing in this Act shall be construed to establish the Corporation as an agency or independent establishment of the Federal Government, or to establish the members of the Board of Directors of the Corporation, or the officers and employees of the Corporation, as officers or employees of the Federal Government. SEC. 5. AUDITS. (a) Audits by Independent Certified Public Accountants.-- (1) In general.--The Corporation's financial statements shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants who are members of a nationally recognized accounting firm and who are certified by a regulatory authority of a State or other political subdivision of the United States. The audits shall be conducted at the place or places where the accounts of the Corporation are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the Corporation and necessary to facilitate the audit shall be made available to the person or persons conducting the audits, and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons. (2) Reporting requirements.--The report of each annual audit described in paragraph (1) shall be included in the annual report required by section 6(a). (b) Audits by the Comptroller General of the United States.-- (1) Audits.--The programs, activities and financial transactions of the Corporation shall be subject to audit by the Comptroller General of the United States under such rules and regulations as may be prescribed by the Comptroller General. The representatives of the Comptroller General shall have access to such books, accounts, financial records, reports, files and such other papers, things, or property belonging to or in use by the Corporation and necessary to facilitate the audit, and the representatives shall be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. The representatives of the Comptroller General shall have access, upon request to the Corporation or any auditor for an audit of the Corporation under this section, to any books, financial records, reports, files or other papers, things, or property belonging to or in use by the Corporation and used in any such audit and to papers, records, files, and reports of the auditor used in such an audit. (2) Report.--A report on each audit described in paragraph (1) shall be made by the Comptroller General to the Congress. The report to the Congress shall contain such comments and information as the Comptroller General may deem necessary to inform the Congress of the financial operations and condition of the Corporation, together with such recommendations as the Comptroller General may deem advisable. The report shall also show specifically any program, expenditure, or other financial transaction or undertaking observed or reviewed in the course of the audit, which, in the opinion of the Comptroller General, has been carried on or made contrary to the requirements of this Act. A copy of each such report shall be furnished to the President and to the Corporation at the time such report is submitted to the Congress. (c) Audit by Inspector General of the Department of Commerce.--The financial transactions of the Corporation may also be audited by the Inspector General of the Department of Commerce under the same conditions set forth in subsection (b) for audits by the Comptroller General of the United States. (d) Recordkeeping Requirements; Audit and Examination of Books.-- (1) Recordkeeping requirements.--The Corporation shall ensure that each recipient of assistance from the Corporation keeps-- (A) separate accounts with respect to such assistance; (B) such records as may be reasonably necessary to fully disclose-- (i) the amount and the disposition by such recipient of the proceeds of such assistance; (ii) the total cost of the project or undertaking in connection with which such assistance is given or used; and (iii) the amount and nature of that portion of the cost of the project or undertaking supplied by other sources; and (C) such other records as will facilitate an effective audit. (2) Audit and examination of books.--The Corporation shall ensure that the Corporation, or any of the Corporation's duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of any recipient of assistance from the Corporation that are pertinent to such assistance. Representatives of the Comptroller General shall also have such access for such purpose. SEC. 6. ANNUAL REPORT; TESTIMONY TO THE CONGRESS. (a) Annual Report.--Not later than April 30 of each year, the Corporation shall publish an annual report for the preceding fiscal year and submit that report to the President and the Congress. The report shall include a comprehensive and detailed evaluation of the Corporation's operations, activities, financial condition, and accomplishments under this Act and may include such recommendations as the Corporation deems appropriate. (b) Testimony Before Congress.--The members of the Board of Directors, and officers, of the Corporation shall be available to testify before appropriate committees of the Congress with respect to the report described in subsection (a), the report of any audit made by the Comptroller General pursuant to this Act, or any other matter which any such committee may determine appropriate.

National Education Technology Funding Corporation Act of 1995 - Recognizes the National Education Technology Funding Corporation as a nonprofit corporation independent of the Federal Government and operating under the laws of the District of Columbia. Authorizes Federal departments and agencies to provide assistance to such Corporation to carry out specified corporate purposes. Requires audits of the Corporation by independent certified public accountants and by the Comptroller General, and authorizes such audits by the Inspector General of the Department of Commerce.

National Education Technology Funding Corporation Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seafood Safety Enforcement Act''. SEC. 2. FINDINGS (a) Chloramphenicol, a potent antibiotic, can cause severe toxic effects in humans, including hypo-aplastic anemia, which is usually irreversible and fatal. The drug is administered to humans only in life-threatening situations when less toxic drugs are not effective. (b) Because of these human health impacts, chloramphenicol and similar drugs are not approved for use in food-producing animals in the United States. However, other countries have been found to use these drugs in the aquaculture of shrimp and other seafood, including Thailand, Vietnam, and China. (c) The majority of shrimp consumed by the United States is imported. The nation imports 400,000 metric tons of shrimp annually, and the percentage of shrimp imports rises each year. Thailand and Vietnam are the top two exporters of shrimp to the United States, and China is the fifth largest exporter of shrimp to the United States. (d) Upon detection of chloramphenicol in certain shipments of seafood from China and other nations, in 2002 the European Union and Canada severely restricted imports of shrimp and other food from these nations. (e) The United States Food and Drug Administration inspects only 2 percent of all seafood imports into the United States and utilizes a testing procedure that cannot detect the presence of chloramphenicol below 1 part per billion. The European Union and Canada use testing protocols that can detect such substances to 0.3 parts per billion. (f) While Food and Drug Administration import testing did not detect chloramphenicol in shrimp imported from these nations in 2002, independent testing performed by the state of Louisiana detected chloramphenicol at a level of over 2 parts per billion in crawfish imported from China. (g) Imports of seafood from nations that utilize substances banned in the United States pose potential threats to United States consumers. Denial of entry to contaminated shrimp and other products to the European Union and Canada will likely redirect imports to the United States of contaminated products turned away from these countries. (h) Immediate and focused actions must be taken by the Federal government to improve enforcement of food import restrictions of seafood imports in order to protect United States consumers and ensure safety of the food supply. SEC. 3. CONTAMINATED SEAFOOD. Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381) is amended by-- (1) striking all of the text in the third sentence of subsection (a) after ``section 505,'' and inserting ``or (4) such article is seafood that appears to bear or contain one or more substances listed in section 530.41(a) of title 21, Code of Federal Regulations, or (5) such article is seafood originating from an exporter or country that the Secretary has identified in guidance as a likely source of articles subject to refusal of admission under clause (4) of this sentence, then such article shall be refused admission, except as provided in subsection (c) of this section and, with respect to articles subject to clause (5) of this sentence, except as provided in subsection (b) of this section.''; (2) redesignating subsections (b) through (n) as subsections (c) through (o), respectively; and (3) inserting after subsection (a) the following: ``(b)(1) Notwithstanding clause (5) of the third sentence in subsection (a) of this section, the Secretary may permit individual shipments of seafood originating in a country or from an exporter listed in guidance to be admitted into the United States if evidence acceptable to the Secretary is presented that the seafood in that shipment does not bear or contain a substance listed in section 530.41(a) of title 21, Code of Federal Regulations. ``(2) The Secretary may remove a country or exporter listed in guidance under clause (5) of the third sentence of subsection (a) of this section only if the country or exporter has shown to the satisfaction of the Secretary that each substance at issue is no longer sold for use in, being used in, or being used in a manner that could contaminate food-producing animals in the country at issue.''. SEC. 4. GUIDANCE FOR REFUSING ENTRY OF SEAFOOD FROM A COUNTRY OR EXPORTER. (a) Issuance of Guidance.--Upon a determination by the Secretary of Health and Human Services that, based on information acceptable to the Secretary, an exporter or country appears to be a source of articles subject to refusal under section 801(a)(4) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)(4)), the Secretary shall issue guidance described in section 801(a)(5) of that Act. (b) Determination Criteria.--In making the determination described in subsection (a), or any determination under section 801(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)), the Secretary may consider-- (1) the detection of substances described in section 801(a)(4) of that Act by the Secretary; (2) the detection of such substances by a person commissioned to carry out examinations and investigations under section 702(a) of that Act; (3) findings from an inspection under section 704 of that Act; (4) the detection by other importing countries of such substances in shipments of seafood that originate from such country or exporter; and (5) other evidence or information as determined by the Secretary. (c) Annual Report.--The Secretary shall provide a report within 30 days after the end of each fiscal year to the Senate Committee on Health, Education, Labor, and Pensions and the House of Representatives Committee on Energy and Commerce setting forth the names of all countries and exporters for which the guidance described in subsection (a) was issued during that fiscal year. (d) Rule of Construction.--Nothing in this Act, and no amendment made by this Act, shall be construed to limit the existing authority of the Secretary of Health and Human Services or the Secretary of the Treasury to consider any information or to refuse admission of any article under section 801(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)). SEC. 5. ISSUANCE OF TOLERANCES. If, after the date of enactment of this Act, the Secretary of Health and Human Services intends to issue a tolerance under section 512(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(b)) for any of the substances listed in section 530.41(a) of title 21, Code of Federal Regulations, then the Secretary shall notify the Senate Committee on Health, Education, Labor, and Pensions and the House of Representatives Committee on Energy and Commerce before issuing that tolerance. The Secretary shall include in the notification a draft of any changes in Federal statute law that may be necessary. SEC. 6. CONFORMING AMENDMENTS. Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381), as amended by subsection (a), is amended by-- (1) striking ``subsection (b)'' in subsection (d), as redesignated by section 2(2) of this Act, and inserting ``subsection (c)''; (2) striking ``subsection (e)'' in paragraph (1) of subsection (g), as redesignated by section 2(2) of this Act, and inserting ``subsection (f)''; (3) striking ``section 801(a)'' in paragraph (1)(A)(i) of subsection (h), as redesignated by section 2(2) of this Act, and inserting ``subsection (a) of this section''; (4) striking ``section 801(a)'' in paragraph (1)(A)(ii) of subsection (h), as redesignated by section 2(2) of this Act, and inserting ``subsection (a) of this section''; (5) striking ``section 801(d)(1);'' in paragraph (1)(A)(iii) of subsection (h), as redesignated by section 2(2) of this Act, and inserting ``subsection (e)(1) of this section;''. (6) striking ``Subsection (b)'' in paragraph (2) of subsection (k), as redesignated by section 2(2) of this Act, and inserting ``Subsection (c)''; (7) striking ``Subsection (b)'' in paragraph (1) of subsection (l), as redesignated by section 2(2) of this Act, and inserting ``Subsection (c)''; (8) striking ``Subsection (b)'' in subsection (m), as redesignated by section 2(2) of this Act, and inserting ``Subsection (c)''; and (9) striking ``Subsection (b)'' in paragraph (2)(B)(i) of subsection (n), as redesignated by section 2(2) of this Act, and inserting ``Subsection (c)''.

Seafood Safety Enforcement Act - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of the Treasury to refuse admission to seafood that either appears to contain impermissible substances or originates from a country identified as a likely source of articles subject to refusal of admission (because of the likely presence of impermissible substances) Permits entry upon submission of acceptable evidence to the contrary.Directs the Secretary of Health and Human Services to issue guidance when an exporter or country appears to be a source of articles subject to refused admission based on specified criteria, including the detection of substances by other importing countries.Requires the Secretary to notify the appropriate congressional committees: (1) of all countries and exporters for which guidance was issued; and (2) before issuing a tolerance for any substance considered impermissible (the presence of which is considered grounds for refused admission).

A bill to protect the health and safety of American consumers under the Federal Food, Drug, and Cosmetic Act from seafood contaminated by certain substances.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Amy Act of 2014''. SEC. 2. MANDATORY RESTITUTION. Section 2259 of title 18, United States Code, is amended to read as follows: ``Sec. 2259. Mandatory restitution ``(a) Mandatory Restitution.-- ``(1) In general.--Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter. ``(2) Requirements.--Under this section-- ``(A) the issuance of a restitution order is mandatory; and ``(B) a court may not decline to issue a restitution order because of-- ``(i) the economic circumstances of the defendant; or ``(ii) the fact that a victim has received, or is entitled to receive, compensation for his or her injuries from the proceeds of insurance or any other source. ``(b) Restitution for Child Pornography Offenses.-- ``(1) Calculation of victim's losses.--For a victim of a child pornography offense, the court shall apply the principle of aggregate causation to determine the full amount of the victim's losses caused by the child pornography offense and all related sexual abuse offenses committed by all persons against the victim. The amount of victim's losses shall include any costs incurred by the victim for-- ``(A) medical services relating to physical, psychiatric, or psychological care; ``(B) physical and occupational therapy or rehabilitation; ``(C) necessary transportation, temporary housing, and child care expenses; ``(D) lost income; ``(E) attorneys' fees, as well as other costs incurred; and ``(F) any other losses aggregately caused by the offenses. ``(2) Enforcement.--An order of restitution for a child pornography offense shall-- ``(A) direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim's losses determined under paragraph (1); and ``(B) be issued and enforced in accordance with subsections (a) through (d) and subsections (f) through (p) of section 3664. ``(3) Joint and several liability.--A defendant convicted of a child pornography offense or a related sexual abuse offense against a victim shall be jointly and severally liable for the victim's losses determined under paragraph (1) and each defendant found to be jointly and severally liable shall pay an equal percentage of such losses. ``(4) Contribution.-- ``(A) Suit by convicted defendants.--A defendant convicted of a child pornography offense or a related sexual abuse offense against a victim may bring a civil action in a district court of the United States, based upon a preponderance of the evidence, for contribution against all other persons who have committed a related sexual abuse offense against the victim. ``(B) Suit by other persons.--A person who has been held jointly or severally liable in a civil action under subparagraph (C)(iii) may bring a civil action in a district court of the United States for contribution against all other persons who have committed a related sexual abuse offense against the victim. ``(C) Requirements for civil action.--In a civil action filed under subparagraph (A) or (B)-- ``(i) the identity of the respondent in the civil action shall be kept confidential if the respondent has not been convicted of the offense alleged in the civil action, except that the identity of the respondent-- ``(I) may be released by the Court to a Federal or local law enforcement agency for law enforcement purposes; and ``(II) shall be made public if the respondent-- ``(aa) enters into a settlement agreement in the civil action; or ``(bb) is held liable in the civil action; ``(ii) the court shall determine whether the petitioner is entitled to contribution based on a preponderance of the evidence; ``(iii) the court shall determine whether the respondent has committed a related sexual abuse offense against the victim based on a preponderance of the evidence; ``(iv) if the court finds that the respondent has committed a related sexual abuse offense against the victim, the respondent shall be jointly and severally liable for the victim's losses determined under paragraph (1); ``(v) the court shall order each person found to be jointly and severally liable for the victim's losses determined under paragraph (1) to pay an equal percentage of such losses; and ``(vi) in the case of a settlement agreement, if the petitioner has not paid in full the amount owed to the victim under an order of restitution entered under this section, any payment agreed to be made by the respondent shall be paid directly to the victim. ``(c) Restitution for Other Offenses Under This Chapter.-- ``(1) Calculation of victim's losses.--The order of restitution for an offense committed under this chapter, other than a child pornography offense, shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim's losses suffered as a proximate result of the defendant's offense. The amount shall include any costs incurred by the victim for-- ``(A) medical services relating to physical, psychiatric, or psychological care; ``(B) physical and occupational therapy or rehabilitation; ``(C) necessary transportation, temporary housing, and child care expenses; ``(D) lost income; ``(E) attorneys' fees, as well as other costs incurred; and ``(F) any other losses proximately caused by the offense. ``(2) Enforcement.--An order of restitution for an offense committed under this chapter, other than a child pornography offense, shall be issued and enforced in accordance with section 3664. ``(d) Definitions.--For purposes of this section-- ``(1) the term `child pornography offense' means an offense committed under section 2251, 2251A, 2252, 2252A, or 2260; ``(2) the term `related sexual abuse offense' means any offense committed under section 2251, 2251A, 2252, 2252A, or 2260 against a victim of a child pornography offense that is related to the production, transport, shipping, distribution, mail, sale, receipt, access, possession, or viewing of a visual depiction (as described in section 2251, 2251A, 2252, or 2260) or child pornography (as described in section 2252A) that is the subject of the child pornography offense against the victim; and ``(3) the term `victim' means the individual harmed as a result of a commission of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.''. SEC. 3. REPORT. Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the efforts of the Department of Justice to collect restitution for victims of child pornography.

RETURNED FOR REVISIONS Justice for Amy Act of 2014 - Amends federal criminal code provisions concerning mandatory restitution to require a court to apply the principle of aggregate causation to determine the full amount of the victim's losses caused by a child pornography offense and all related sexual abuse offenses committed by all persons against the victim. Makes a defendant convicted of such an offense jointly and severally liable for the victim's losses. Requires each defendant found jointly and severally liable to pay an equal percentage of such losses. Allows: (1) a defendant convicted of such an offense to bring a civil action in U.S. district court, based upon a preponderance of the evidence, for contribution against all other persons who have committed such an offense against the victim; and (2) a person who has been held jointly or severally liable in a civil action to bring suit in U.S. district court for contribution against all others who have committed such an offense against the victim. Directs the Attorney General to submit to Congress a report on the efforts of the Department of Justice (DOJ) to collect restitution for victims of child pornography.

Justice for Amy Act of 2014

SECTION 1. PERIODIC PENSION BENEFITS STATEMENTS. (a) In General.--Section 105(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025(a)) is amended by striking ``shall furnish'' and all that follows through the period and inserting ``shall-- ``(1) in the case of a plan other than a defined benefit plan, furnish to each plan participant at least once each year, and, in the case of any plan, furnish to a plan participant or beneficiary upon their written request, a statement in written or electronic form indicating, on the basis of the latest available information-- ``(A) the total benefits accrued, and ``(B) the nonforfeitable pension benefits, if any, which have accrued, or the earliest date on which benefits will become nonforfeitable, and ``(2) in the case of a defined benefit plan, furnish to each plan participant at least once every 3 years, a statement in written or electronic form indicating the plan's approximate benefit levels at various levels of pay and service, including information as to whether such benefit levels are affected by breaks in service, family leave, or otherwise.''. (b) Rule for Multiemployer Plans.--Section 105(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025(d)) is amended to read as follows: ``(d) Notwithstanding subsection (a), in the case of a plan to which more than 1 unaffiliated employer is required to contribute and to which subsection (a)(1) applies, a statement described in subsection (a)(1) shall be required upon the written request of a participant or beneficiary.''. (c) Penalty for Failure To Disclose.--Section 502(c)(1)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(c)(1)(A)) is amended by striking ``or section 101(e)(1)'' and inserting ``, section 101(e)(1), or section 105(a)''. (d) Conforming Amendments.-- (1) Section 101(a)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021(a)(2)) is amended by striking ``105(a) and (c)'' and inserting ``105(a), (c), and (d)''. (2) Section 106(b) of such Act (29 U.S.C. 1026(b)) is amended by striking ``and 105(c)'' and inserting ``, 105(c), and 105(d)''. (e) Effective Date.--The amendments made by this section shall apply to plan years beginning after the earlier of-- (1) the date of issuance by the Secretary of Labor of regulations-- (A) providing guidance for simplifying defined benefit plan calculations with respect to the information required under section 105 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025), and (B) requiring that the statements required under the amendments made by this section are written in a form calculated to be understood by an average plan participant and specifying model language for such statements, or (2) December 31, 1998. SEC. 2. DISCLOSURE OF BENEFIT CALCULATIONS. (a) In General.--Section 105 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025) is amended by adding at the end the following: ``(e)(1) In the case of a participant or beneficiary who is entitled to a distribution of a benefit under an employee pension benefit plan, the administrator of such plan shall provide to the participant or beneficiary the information described in paragraph (2) upon the written request of the participant or beneficiary. ``(2) The information described in this paragraph includes-- ``(A) a worksheet explaining how the amount of the distribution was calculated and stating the assumptions used for such calculation, ``(B) upon written request of the participant or beneficiary, any documents relating to the calculation (if available), and ``(C) such other information as the Secretary may prescribe. Any information provided under this paragraph shall be in a form calculated to be understood by the average plan participant.''. (b) Conforming Amendments.-- (1) Section 101(a)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021(a)(2)), as amended by section 1(d)(1), is amended by striking ``105(a), (c), and (d)'' and inserting ``105(a), (c), (d), and (e)''. (2) Section 106(b) of such Act (29 U.S.C. 1026(b)), as amended by section 1(d)(2), is amended by striking ``and 105(d)'' and inserting ``105(d), and 105(e)''. (c) Effective Date.--The amendments made by this section shall apply to distributions made after the date of enactment of this Act. SEC. 3. DISCRETIONARY SECRETARIAL IMPOSITION OF PENALTIES FOR FAILURE TO DISCLOSE TO PARTICIPANTS AND BENEFICIARIES. (a) In General.--Section 501(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(c)) is amended by adding at the end the following: ``(7) The Secretary may assess a civil penalty of not more than $100 a day for each violation by any administrator of section 104(b) or 105. For purposes of this paragraph, each violation with respect to any single participant or beneficiary shall be treated as a separate violation.''. (b) Effective Date.--The amendment made by this section shall apply to violations occurring after the date of enactment of this Act. SEC. 4. CLARIFICATION OF DEFINITION OF PARTICIPANT. Section 3(7) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(7)) is amended by striking ``who is or may become'' and inserting ``who was, is, or may become''. SEC. 5. REVIEW OF DENIAL OF BENEFIT CLAIMS. (a) Model Alternative Dispute Resolution Procedure.--Section 503 (29 U.S.C. 1133) is amended-- (1) by inserting ``(a) In General.--'' after ``Sec. 503.''; and (2) by adding at the end the following: ``(b) Model Alternative Dispute Resolution Procedures.-- ``(1) In general.--The Secretary shall establish a model alternative dispute resolution procedure to be adopted by any plan at its discretion for appeals of plan benefits claims denials to which subsection (a) applies. ``(2) Experts and fees.--The Secretary-- ``(A) shall maintain a roster of employee benefit experts who may be called upon to serve as neutral experts in the procedure under paragraph (1), and ``(B) may assess fees as necessary from each party to cover the costs of experts called. The Secretary may reduce or waive a fee under subparagraph (B) on the basis of inability to pay. ``(3) Notice.--The Secretary shall-- ``(A) notify individuals of the procedure established under paragraph (1) or other sources of assistance in resolving benefits claim disputes, and ``(B) provide model information with respect to the procedure to be included in all summary plan descriptions and benefit determinations.'' (b) Effective Date.--The amendments made by this section shall apply to claims made after the date of enactment of this Act.

Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require furnishing of pension benefits statements: (1) annually by plans other than defined benefit plans; (2) triennially by defined benefit plans; and (3) upon written request by any plan. Requires a plan administrator to disclose certain information relating to calculation of pension benefits upon the request of any participant or beneficiary entitled to a benefit distribution under an employee pension benefit plan. Authorizes the Secretary of Labor to assess civil penalties for plan administrators' failures to disclose certain information to participants and beneficiaries. Directs the Secretary to: (1) establish a model alternative dispute resolution procedure to be adopted by any plan at its discretion for appeals of plan benefits claims denials to which certain ERISA provisions apply; and (2) maintain a roster of employee benefit experts who may be called upon to serve as neutral experts in such procedure. Authorizes the Secretary to: (1) assess fees to cover the costs of experts called; and (2) reduce or waive such a fee on the basis of inability to pay.

A bill to provide employees with more access to information concerning their pension plans and with additional mechanisms to enforce their rights under such plans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Education Advancement (NEA) and Teacher Relief Act''. SEC. 2. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND SECONDARY SCHOOLS. (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. 30B. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND SECONDARY SCHOOLS. ``(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 75 percent of the qualified charitable contributions of the taxpayer for the taxable year. ``(b) Maximum Credit.-- ``(1) Individuals.--In the case of a taxpayer other than a corporation, the credit allowed by subsection (a) for any taxable year shall not exceed $500 ($1,000 in the case of a joint return). ``(2) Corporations.--In the case of a corporation, the credit allowed by subsection (a) shall not exceed $100,000. ``(c) Qualified Charitable Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified charitable contribution' means, with respect to any taxable year, the aggregate amount allowable as a deduction under section 170 (determined without regard to subsection (d)(1)) for cash contributions-- ``(A) to a school tuition organization, ``(B) for the improvement, renovation, or construction of a school facility that is used primarily to provide education at the elementary or secondary level, and ``(C) for the acquisition of computer technology or equipment (as defined in subparagraph (E)(i) of section 170(e)(6)), or for training related to the use of such technology or equipment, for use in a school facility described in subparagraph (B). ``(2) Certain expenses of elementary and secondary school teachers.-- ``(A) In general.--In the case of an individual who is an eligible educator, the term `qualified charitable contribution' includes amounts allowable as a deduction by section 162 paid or incurred by the eligible educator in connection with books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by the eligible educator in the classroom. ``(B) Coordination with exclusions.--An amount shall be allowed as a credit under this section for expenses described in subparagraph (A) only to the extent the amount of such expenses exceeds the amount excludable under section 135, 529(c)(1), or 530(d)(2) for the taxable year. ``(3) School tuition organization.-- ``(A) In general.--The term `school tuition organization' means any organization which-- ``(i) is described in section 170(c)(2), ``(ii) allocates at least 90 percent of its gross income and contributions and gifts to elementary and secondary school scholarships, and ``(iii) awards scholarships to any student who is eligible for free or reduced cost lunch under the school program established under the Richard B. Russell National School Lunch Act. ``(B) Elementary and secondary school scholarship.--The term `elementary and secondary school scholarship' means any scholarship excludable from gross income under section 117 for expenses related to education at or below the 12th grade level. ``(4) Eligible educator.-- ``(A) In general.--The term `eligible educator' means, with respect to any taxable year, an individual who is a kindergarten through grade 12 teacher, instructor, counselor, principal, or aide in a school for at least 900 hours during a school year. ``(B) School.--For purposes of subparagraph (A), the term `school' means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law. ``(5) School facility.--The term `school facility' shall not include any stadium or other facility primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. ``(d) Special Rules.-- ``(1) Denial of double benefit.--Amounts taken into account under subsection (a) shall not be taken into account in determining any deduction allowed under section 162 or 170. ``(2) Application with other credits.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(e) Election to Have Credit not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Credit for contributions for the benefit of elementary and secondary schools.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 3. REVISION OF DEFINITION OF SCHOOL FOR PURPOSES OF QUALIFIED ELEMENTARY AND SECONDARY EDUCATION EXPENSES. (a) In General.--Paragraph (4) of section 530(b) of the Internal Revenue Code of 1986 (defining qualified elementary and secondary education expenses) is amended-- (1) in clauses (i) and (ii) of subparagraph (A), by striking ``public, private, or religious'', and (2) in subparagraph (B), by inserting after ``any school'' the following: ``, including a public, private, religious, or home school,''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003.

National Education Advancement (NEA) and Teacher Relief Act - Amends the Internal Revenue Code to allow a tax credit for 75 percent of charitable contributions made by a taxpayer: (1) to a school tuition organization that provides certain scholarship aid; (2) for the improvement, renovation, or construction of an elementary or secondary school facility; and (3) for the acquisition of computer technology or equipment, or for related training, for use in an elementary or secondary school facility. Limits the dollar amount of such credit to $500 for individuals and $100,000 for corporations. Allows elementary or secondary school teachers, instructors, counselors, principals, or aides who work at least 900 hours during a school year to claim the tax credit provided by this Act for their expenses in connection with books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services), and other equipment and supplementary materials used in the classroom. Revises the definition of "school" for purposes of defining qualified elementary and secondary education expenses to include public, private, religious or home schools.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for teacher classroom supply expenses, for improving elementary and secondary education, and for contributions for scholarships to attend elementary and secondary schools, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring America's Commitment to Consumers Act of 2009''. SEC. 2. NATIONAL CREDIT CARD USURY RATE. Section 107 of the Truth in Lending Act (15 U.S.C. 1606) is amended by adding at the end the following new subsection: ``(f) National Consumer Credit Usury Rate.-- ``(1) Limitation established.--Except as provided in paragraph (3) and notwithstanding subsection (a) or any other provision of law, the annual percentage rate applicable to any extension of credit under, or any outstanding balance on, any credit card account under an open end consumer credit plan may not exceed 16 percent. ``(2) Inclusion of certain fees in determining apr.--In determining the annual percentage rate applicable to any extension of credit under, or any outstanding balance on, any credit card account under an open end consumer credit plan for purposes of paragraph (1), any fee compensating a creditor or prospective creditor for opening or maintaining the account or for an extension of credit or making available a line of credit, such as a membership fee, or an annual fee shall be included in the finance charge for purposes of section 107. ``(3) Adjustments.-- ``(A) In general.--Subject to paragraphs (4) and (6), the Board may make adjustments to the maximum annual percentage rate limitation under paragraph (1) when any such adjustment is in the public interest and economic conditions warrant to the extent the limitation, after the adjustment, continues to fully protect consumers from exploitive and unreasonable lending practices. ``(B) Presumption concerning increases.--Any increase in the maximum annual percentage rate limitation under paragraph (1) shall be presumed to not be in the public interest unless the Board determines, after opportunity for comment, that severe economic conditions exist to justify an increase in such limitation, taking into account the prevailing bank prime rates, the rates in effect for overnight loans to member banks (as defined in section 3 of the Federal Deposit Insurance Act) and statistical information the Board determines to be relevant. ``(4) Notice to the congress.--Upon making any adjustment to the maximum annual percentage rate limitation in effect under paragraph (1), the Board shall promptly submit a notice of such adjustment to the Congress. ``(5) Hearing.-- ``(A) In general.--After receipt by the House of Representatives of a notice from the Board pursuant to paragraph (4) of an adjustment to the maximum annual percentage rate limitation in effect under paragraph (1), the Committee on Financial Services of the House of Representatives shall promptly conduct a hearing on such adjustment. ``(B) Rules of house of representatives.--The provisions of subparagraph (A) are enacted-- ``(i) as an exercise of the rulemaking power of the House of Representatives, and, as such, they shall be considered as part of the rules of the House, and such rules shall supersede any other rule of the House only to the extent that rule is inconsistent therewith; and ``(ii) with full recognition of the constitutional right of the House to change such rules (so far as relating to the procedure in the House) at any time, in the same manner, and to the same extent as in the case of any other rule of the House. ``(6) Delayed effective date of any increase.--An increase, in accordance with paragraph (3)(B), in the maximum annual percentage rate limitation under paragraph (1)-- ``(A) may not take effect before the end of the 90- day period beginning on the date the notice to the Congress is submitted by the Board under paragraph (4); and ``(B) shall cease to be effective as of the date of the enactment of a joint resolution with respect to such increase. ``(7) Clarification of congressional intent.-- ``(A) No endorsement of 16 percent credit card rates.--No provision of this subsection may be construed as an endorsement by Congress of an interest rate of 16 percent on credit card accounts to which paragraph (1) applies. ``(B) Rates most advantageous to the borrower.--It is the intention of the Congress in enacting this subsection that-- ``(i) the maximum annual percentage rate limitation under paragraph (1) should merely serve as a ceiling on the annual percentage rate applicable consumer credit cards and few, if any, consumer credit card accounts would ever bear the maximum rate; and ``(ii) consumer credit card issuers should strive to maintain the rates on consumer credit card accounts that are the most advantageous to borrowers. ``(8) Unfair and deceptive act or practice.--In the case of any credit card account under an open end consumer credit plan which, as of December 11, 2009, bears an annual percentage rate that is less than 16 percent, any increase in the annual percentage on such account during the period beginning on December 11, 2009, and ending at the end of the 60-day period beginning on the date of the enactment of the Restoring America's Commitment to Consumers Act of 2009 shall be treated by the agency with jurisdiction over the creditor under section 108 as an unfair or deceptive act or practice. ``(9) Definition.--In this subsection, the term `joint resolution' means only a joint resolution-- ``(A) which does not have a preamble; ``(B) the title of which is as follows: `Joint resolution relating to the increase in the interest rates on credit card accounts pursuant to section 107(f)(3) of the Truth in Lending Act.'; and ``(C) the sole matter after the resolving clause of which is as follows: `That the Congress disapproves of any increase, pursuant to section 107 (f)(3) in the maximum annual percentage rate limitation applicable to any extension of credit under, or any outstanding balance on, any credit card account under an open end consumer credit plan, notice of which was transmitted to the Congress on ___ by the Board of Governors of the Federal Reserve System', the blank space being filled with the appropriate date.''. SEC. 3. CAP ON CERTAIN CREDIT CARD ACCOUNT FEES. (a) In General.--Chapter 3 of the Truth in Lending Act (15 U.S.C. 1661 et seq.) is amended by inserting after section 150 (as added by section 109(a) of the Credit Card Accountability Responsibility and Disclosure Act of 2009) the following: new section: ``Sec. 151. Cap on certain credit card account fees. ``(a) In General.--Except as provided in subsection (b), the amount of any fee that a card issuer may impose with respect to a credit card account under an open end consumer credit plan, including any fee for default or breach by a borrower of a condition upon which credit was extended, such as a late fee, creditor-imposed not sufficient funds fee charged when a borrower tenders payment on a debt with a check drawn on insufficient funds, overdraft fee, and over-the-limit transaction fee, or other charge that a card issuer may impose with respect to a credit card account under an open end consumer credit plan may not exceed $15. ``(b) Exception for Fees Taken Into Account Under Section 107(f)(2).--Subsection (a) shall not apply with respect to any fee taken into account pursuant to subsection (f)(2) of section 107.''. (b) Clerical Amendment.--The table of sections for chapter 3 of the Truth in Lending Act is amended by inserting after the item relating to section 150 (as added by section 109(b) of the Credit Card Accountability Responsibility and Disclosure Act of 2009) the following new item: ``151. Cap on certain credit card account fees.''. SEC. 4. CLARIFICATION OF COORDINATION WITH STATE LAW. The first sentence of section 111(a)(1) of the Truth in Lending Act (15 U.S.C. 1610(a)(1)) is amended by striking ``the disclosure of information in connection with''. SEC. 5. EFFECTIVE DATE. The amendments made by sections 2 and 3 shall take effect on the date of the enactment of this Act.

Restoring America's Commitment to Consumers Act of 2009 - Amends the Truth in Lending Act to prohibit the annual percentage rate (APR) applicable to an extension of credit on a credit card account under an open end consumer credit plan from exceeding 16%. Includes in an APR any compensation fee (including a membership fee or an annual fee) for: (1) opening or maintaining the account; (2) granting an extension of credit; or (3) making available a line of credit. Authorizes the Board of Governors of the Federal Reserve System to make adjustments to the maximum APR limitation; but creates the presumption that any increase by the Board to the maximum limitation is not in the public interest unless severe economic conditions justify the increase. Prohibits construction of this Act as an endorsement by Congress of a 16% APR. Declares the intention of Congress that: (1) such maximum APR limitation should merely serve as a ceiling on consumer credit cards and few, if any, consumer credit card accounts would ever bear the maximum rate; and (2) consumer credit card issuers should strive to maintain APRs most advantageous to borrowers. Treats as an unfair or deceptive act or practice a credit card account which, as of December 11, 2009, bears an APR that is less than 16%, and subsequently increases it between December 11, 2009, and 60 days after enactment of this Act. Imposes a $15 cap upon certain credit card account fees, including fees (such as late fees, overdraft fees, or over-the-limit transaction fees) for borrower default or breach of any condition upon which credit was extended.

To amend the Truth in Lending Act to establish a national usury rate for consumer credit card accounts under open end consumer credit plans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Fair Federal Compensation Act of 2004''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds as follows: (1) A General Accounting Office (GAO) report of May 2003 found that the District of Columbia has a substantial structural imbalance, ranging from $470,000,000 to $1,100,000,000 annually, and that this imbalance is beyond the direct control of local officials because it is caused by mandates, legislation, and other requirements imposed by the Federal Government. (2) The GAO report was preceded by 2 reports by distinguished groups who also concluded that the District had a structural imbalance: A 2002 McKenzie study commissioned by the Federal City Council (an organization of regional and local business leaders), and a 2002 study by the Brookings Institute, led by Alice Rivlin, the former director of the Congressional Budget Office and former chair of the District of Columbia Financial Responsibility and Management Assistance Authority. (3) The components of the structural deficit are all Federal in origin and consist of the following: Locally provided services to the Federal Government; a Federal statute which exempts from taxation 66 percent of the income earned in the District; the exemption from taxation of 42 percent of the real property owned by the Federal Government; and the requirement to provide State services, such as special education and mental health, although the District is not a State. (4) The District's tax burden is among the highest in the Nation because of the Federal requirements documented in the 2003 GAO report. However, the funding provided by these taxes is still insufficient to meet the obligations of the District, especially the long-term obligations to carry out critical capital projects to maintain and improve the District's infrastructure, projects that are not only typically funded by a State but that the District must carry out because of its mandate to support the infrastructure needs of the Federal Government and the entire Washington region. As a result, the District must obtain the funds needed to meet these obligations through a continuous series of borrowings, incurring more and more debt service payments each year, and causing the District's per capita rate of general obligation debt to be the highest in the Nation. (5) The GAO concluded that greater management efficiency by the District government is necessary, but that ``management improvement will not offset the underlying structural imbalance because it is caused by factors beyond the direct control of District officials''. (6) The GAO recommended against the only 2 alternatives available to the District. Raising taxes would ``worsen D.C.'s competitive advantage in attracting new businesses and residents'' and cutting services for residents and visitors would have ``undesirable consequences for the District's economy''. (7) According to the GAO, the options are to ``change Federal procedures to expand the District's tax base or provide additional financial support and a greater role by the Federal Government to help the District maintain fiscal balance''. (8) The District of Columbia, through prudent budgeting and improved management, has had a balanced budget with surpluses for 7 years; however, the District's Chief Financial Officer (whose position was created by a Federal statute) has found that severe fiscal problems are inevitable as the District works to close spending pressures and find remedies to its inherent structural imbalance. (9) Maintaining financial stability in the District, just as in other cities, requires a stable, predictable source of revenue that increases modestly but regularly over time. (b) Purpose.--It is the purpose of this Act to provide an efficient mechanism and formula for the transfer of revenue from the Federal Government to the District government, and to dedicate this revenue for the sole purpose of rectifying an annual structural imbalance which is due to-- (1) Federal requirements and limitations on the ability of the District of Columbia to generate revenue; (2) the use of District of Columbia real property by the Federal Government for Federal facilities and other Federal purposes; and (3) the District's status as a Federal city which is not part of a State but incurs many of the same expenses as a State that would otherwise be responsible for these expenses. TITLE I--DIRECT FEDERAL CONTRIBUTION FOR INFRASTRUCTURE COSTS SEC. 101. ESTABLISHMENT OF DIRECT FEDERAL CONTRIBUTION TO DISTRICT OF COLUMBIA. (a) Entitlement of District to Contribution.--For each fiscal year beginning with fiscal year 2005, the District of Columbia shall be entitled to receive an annual infrastructure support contribution to support the infrastructure used by the District of Columbia and in part by the region in accordance with this title. (b) Obligation of United States.--Subsection (a) constitutes budget authority in advance of appropriations acts and represents the obligation of the Federal Government to make annual infrastructure support contributions in accordance with this title. SEC. 102. DETERMINATION OF AMOUNT OF CONTRIBUTION. (a) In General.--The amount of the annual infrastructure support contribution required by this title is equal to-- (1) in the case of fiscal year 2005, $800,000,000; and (2) in the case of each succeeding fiscal year, the amount required for the previous fiscal year, increased by the applicable index described in subsection (b). (b) Applicable Index.--In subsection (a), the ``applicable index'' with respect to a fiscal year is the greater of-- (1) the percentage by which the Consumer Price Index (all Urban Consumers, United States City Average) for the 12-month period ending on June 30 preceding the beginning of the fiscal year exceeds such Consumer Price Index for the preceding 12- month period; or (2) 4 percent. TITLE II--DEDICATED INFRASTRUCTURE ACCOUNT SEC. 201. ESTABLISHMENT OF ACCOUNT. There is established in the general fund of the District of Columbia an account to be known as the Dedicated Infrastructure Account (hereafter in this title referred to as the ``Account''), which shall consist of the following amounts: (1) Amounts deposited pursuant to section 202. (2) Such other amounts as may be deposited pursuant to District of Columbia law. (3) Interest earned on amounts in the account. SEC. 202. DEPOSIT OF ANNUAL INFRASTRUCTURE SUPPORT CONTRIBUTION. Each annual infrastructure support contribution made to the District of Columbia under title I for a fiscal year shall be deposited into the Account. SEC. 203. USE OF AMOUNTS IN ACCOUNT. (a) In General.--Amounts in the Account may be used only for the following purposes: (1) Transportation activities, including the payment of the local share of participation in public transportation activities and road construction and improvement projects. (2) Information technology improvements for the District government. (3) Debt service payments on bonds, notes, and other obligations of the District government. (4) Building and facility maintenance, construction, and capital improvement projects for District of Columbia public schools and public charter schools. (b) Availability of Funds.--Funds appropriated or otherwise made available from the Account shall remain available until expended.

District of Columbia Fair Federal Compensation Act of 2004 - Provides for an annual Federal infrastructure support contribution to the District of Columbia. Establishes the Dedicated Infrastructure Account in the general fund of the District.

To establish an annual Federal infrastructure support contribution for the District of Columbia, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Fully Informed Investment Decision Making Act of 2007''. SEC. 2. STATE SPONSOR OF TERRORISM DEFINED. In this Act, the term ``state sponsor of terrorism'' means any country, the government of which has been determined by the Secretary of State to have repeatedly provided support for acts of international terrorism pursuant to-- (1) section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any successor thereto); (2) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or (3) section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)). SEC. 3. SECURITIES AND EXCHANGE COMMISSION DISCLOSURE OF BUSINESS TIES TO STATE SPONSORS OF TERROR. (a) Requirement for a Securities and Exchange Commission Report.-- Not later than 90 days after the date of enactment of this Act and annually thereafter, the Securities and Exchange Commission (in this Act referred to as the ``Commission'') shall prepare and submit to Congress a report on business activities carried out with state sponsors of terrorism. (b) Content.--The report required by subsection (a) shall include-- (1) a list of all persons required to make periodic or other filings pursuant to section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) that disclose in filings with the Commission business activity in or with a country that is a state sponsor of terrorism, or an instrumentality of such a country; (2) a description of such business activities carried out by each person referred to in paragraph (1); (3) the value of such activities carried out by each person referred to in paragraph (1); and (4) a description of the disclosure standard in effect at the time at which the content of the report was collected, if it has changed from the time of the first or most recent report submitted pursuant to subsection (a), and the criteria for persons to register under section 12(g) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(g)). (c) Publication of Disclosure Data.--The Commission shall make the report required by this section available on its website in an easily accessible and searchable format, and shall regularly update the information on the website as new information becomes available to the Commission. (d) Strengthening Securities and Exchange Commission Disclosure Requirement.--Not later than 180 days after the date of enactment of this Act, the Commission shall issue regulations to require disclosure by all persons required to make periodic or other filings pursuant to section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) of business activity in an amount equal to more than $20,000,000, either directly or through an affiliate, in or with a country that is a state sponsor of terrorism, or an instrumentality of such country. SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORTS. (a) Evaluation of Securities and Exchange Commission Report.--Not later than 90 days after the date of delivery of the report of the Commission under section 3, and annually thereafter, the Comptroller General of the United States shall prepare and submit to Congress a report that evaluates the completeness of the report of the Commission under section 3, to include-- (1) a list, in classified form, as necessary, of all persons, including foreign persons, that are not included in the report of the Commission under section 3 that are identified by the intelligence community (as that term is defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Secretary of the Treasury, and other appropriate governmental entities, as carrying out business activities in or with a country that is a state sponsor of terrorism, or an instrumentality of such a country; (2) a list of all persons, including foreign persons, that are not included in the report of the Commission under section 3 that are identified by relevant nongovernmental entities as carrying out business activities in or with a country that is a state sponsor of terrorism, or an instrumentality of such a country; and (3) a description of such business activities and the value of such activities for all persons identified in paragraphs (1) and (2). (b) Investment Report.--Not later than 120 days after the date of delivery of the report of the Commission under section 3, and annually thereafter, the Comptroller General of the United States shall prepare and submit to Congress, a report-- (1) that contains the names of persons described in section 3(b)(1) that are included in each of the major investable financial market indices and the holdings of the Federal Thrift Savings Plan of the Federal Retirement Thrift Investment Board (in this subsection referred to as the ``TSP''), including-- (A) the percentage of each such index and TSP holdings comprised of such persons; and (B) the dollar capitalization of each such person; (2) that contains, in classified form, as necessary, the names of persons described in paragraphs (1) and (2) of subsection (a) that are included in each of the major investable financial market indices and the holdings of the TSP, including-- (A) the percentage of each such index and TSP holdings comprised of such persons; and (B) the dollar capitalization of each such person; and (3) the unclassified portion of which is made available on the website of the Government Accountability Office in an easily accessible and searchable format. (c) Government Contracting Report.--Not later than 120 days after the date of delivery of the report of the Commission under section 3, and annually thereafter, the Comptroller General of the United States shall prepare and submit to Congress, a report-- (1) that contains the names of the persons described in section 3(b)(1), the nature of the activity, and the value of United States Government active contracting for the procurement of goods or services with any such person; (2) that contains, in classified form, as necessary, the names of persons described in paragraphs (1) and (2) of subsection (a), the nature of the activity, and the value of United States Government active contracting for the procurement of goods or services with any such person; and (3) the unclassified portion of which is made available on the website of the Government Accountability Office in an easily accessible and searchable format. SEC. 5. SENSE OF CONGRESS REGARDING ENCOURAGEMENT FOR FOREIGN EXCHANGES TO STRENGTHEN DISCLOSURE REQUIREMENTS. It is the sense of the Congress that the United States Trade Representative, the Chairman of the Commission, the Secretary of State, and other relevant representatives of the United States Government should encourage United States allies to implement disclosure standards that are similar to those required by this Act for the securities exchanges of those countries. SEC. 6. AUTHORIZATION FOR CERTAIN DIVESTMENT MEASURES. (a) Investment Company Act of 1940.--Section 13 of the Investment Company Act of 1940 (15 U.S.C. 80a-13) is amended by adding at the end the following: ``(c) Safe Harbor for Changes in Investment Policies.-- ``(1) In general.--Notwithstanding any other provision of Federal or State law, no person may bring any civil, criminal, or administrative action against any registered investment company or person providing services to such registered investment company (including its investment adviser), or any employee, officer, or director thereof, based solely upon the investment company divesting from, or avoiding investing in, securities issued by persons that have business ties to a state sponsor of terrorism. ``(2) Definition.--For purposes of this subsection, the term `person' includes the Federal Government and any State or political subdivision of a State.''.

Promoting Fully Informed Investment Decision Making Act of 2007 - Directs the Securities and Exchange Commission (SEC) to: (1) report to Congress on business activities carried out with state sponsors of terrorism; and (2) issue regulations to require disclosure by all persons required to make filings under the Securities Exchange Act of 1934 regarding any business activity of more than $20 million in or with a country that is a state sponsor of terrorism, or an instrumentality of such country. Instructs the Comptroller General to report to Congress on: (1) the completeness of the SEC report; (2) the names of such persons included in each of the major investable financial market indices and the holdings of the Federal Thrift Savings Plan; and (3) the nature of the activities concerned, and the value of U.S. government active contracting with such persons for the procurement of goods or services. Expresses the sense of Congress that the U.S. Trade Representative, the Chairman of the SEC, the Secretary of State, and other relevant representatives of the U.S. government should encourage U.S. allies to implement disclosure standards similar to those required by this Act for the securities exchanges of those countries. Amends the Investment Company Act of 1940 to prohibit civil, criminal, or administrative action against any registered investment company based solely upon its divesting from, or avoiding investing in, securities issued by persons that have business ties to a state sponsor of terrorism.

A bill to increase the economic pressure on terror sponsoring states, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Annual Mammogram and Prostate Cancer Screening Coverage Act of 1998''. SEC. 2. COVERAGE OF ANNUAL MAMMOGRAMS AND ANNUAL PROSTATE CANCER SCREENING TESTS (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR ANNUAL MAMMOGRAMS AND ANNUAL PROSTATE CANCER SCREENING TESTS. ``(a) Requirement.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide coverage for-- ``(A) annual screening mammograms for female participants and beneficiaries who are 40 years of age or older; and ``(B) annual prostate cancer screening testing for male participants and beneficiaries who are 50 years of age or older. ``(2) Regulations.--The Secretary shall promulgate regulations to carry out this section. In promulgating such regulations, the Secretary shall provide that the coverage required under paragraph (1) shall be comparable to the coverage of similar benefits under the medicare program under part B of title XVIII of the Social Security Act. ``(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-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) provide monetary payments or rebates to individuals to encourage such individuals to accept less than the minimum protections available under this section; ``(3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to an individual participant or beneficiary in accordance with this section; or ``(4) provide incentives (monetary or otherwise) to a provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. ``(c) Rules of Construction.-- ``(1) Nothing in this section shall be construed to require an individual who is a participant or beneficiary to undergo a screening mammogram or prostate cancer screening test. ``(2) Nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to benefits described in subsection (a) consistent with such subsection, except that such coinsurance or other cost-sharing shall not discriminate on any basis related to the coverage required under this section. ``(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. ``(e) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 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 is amended by adding at the end the following new section: ``SEC. 713. STANDARDS RELATING TO BENEFITS FOR ANNUAL MAMMOGRAMS AND ANNUAL PROSTATE CANCER SCREENING TESTS. ``(a) Requirement.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide coverage for-- ``(A) annual screening mammograms for participants and beneficiaries who are 40 years of age or older; and ``(B) annual prostate cancer screening testing for male participants and beneficiaries who are 50 years of age or older. ``(2) Regulations.--The Secretary shall promulgate regulations to carry out this section. In promulgating such regulations, the Secretary shall provide that the coverage required under paragraph (1) shall be comparable to the coverage of similar benefits under the medicare program under part B of title XVIII of the Social Security Act. ``(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-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) provide monetary payments or rebates to individuals to encourage such individuals to accept less than the minimum protections available under this section; ``(3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to an individual participant or beneficiary in accordance with this section; or ``(4) provide incentives (monetary or otherwise) to a provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. ``(c) Rules of Construction.-- ``(1) Nothing in this section shall be construed to require an individual who is a participant or beneficiary to undergo a screening mammogram or prostate cancer screening test. ``(2) Nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to benefits described in subsection (a) consistent with such subsection, except that such coinsurance or other cost-sharing shall not discriminate on any basis related to the coverage required under this section. ``(d) Notice Under Group Health Plan.--The imposition of the requirement 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 requirement apply. ``(e) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) 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)) 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. Standards relating to benefits for annual mammograms and annual prostate cancer screening tests.''. (3) Internal revenue code amendments.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 (as amended by section 1531(a) of the Taxpayer Relief Act of 1997) is amended-- (A) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Standards relating to benefits for annual mammograms and annual prostate cancer screening tests.''; and (B) by inserting after section 9812 the following: ``SEC. 9813. STANDARDS RELATING TO BENEFITS FOR ANNUAL MAMMOGRAMS AND ANNUAL PROSTATE CANCER SCREENING TESTS. ``A group health plan shall comply with the requirements of section 713(a) of the Employee Retirement Income Security Act of 1974.'' (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2751 the following new section: ``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR ANNUAL MAMMOGRAMS AND ANNUAL PROSTATE CANCER SCREENING TESTS. ``(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.''. (c) Effective Dates.--(1) Subject to paragraph (3), the amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 1999. (2) The amendment 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 such date. (3) 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 subsection (a) shall not apply to plan years beginning before the later of-- (A) 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 (B) January 1, 1999. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (d) Coordinated Regulations.--Section 104(1) of 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, the provisions of parts A and C of title XXVII of the Public Health Service Act, and chapter 100 of the Internal Revenue Code of 1986''.

Annual Mammogram and Prostate Cancer Screening Coverage Act of 1998 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and a health insurance issuer offering group coverage, to provide coverage for annual screening mammograms for participants and beneficiaries 40 years old and older and annual prostate cancer screening testing for male participants and beneficiaries 50 years old and older. Prohibits related eligibility discrimination, monetary incentives to individuals, and penalties or incentives to providers. Amends the Internal Revenue Code to require a group health plan to provide coverage for annual screening mammograms for participants and beneficiaries 40 years old and older and annual prostate cancer screening testing for male participants and beneficiaries 50 years old and older. Amends the Public Health Service Act to apply the requirements of this Act to coverage offered in the individual market. Amends the Health Insurance Portability and Accountability Act of 1996 to mandate coordination of regulations, rulings, and interpretations between the Secretaries of the Treasury, Health and Human Services, and Labor relating to matters over which two or more of the Secretaries have responsibility.

Annual Mammogram and Prostate Cancer Screening Coverage Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Infrastructure Inventory Act of 2018''. SEC. 2. INVENTORY OF FEDERAL ASSETS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Assistant Secretary shall-- (1) establish and maintain an inventory of covered assets that includes the information provided under subsections (b) and (c); and (2) make such inventory available to any entity that constructs or operates communications facilities or provides communications service. (b) Provision of Information by Executive Agencies.-- (1) In general.--Not later than 9 months after the date of the enactment of this Act, the head of an Executive agency shall provide to the Assistant Secretary, in a manner and format to be determined by the Assistant Secretary, the information described in paragraph (2) with respect to a covered asset of such agency. (2) Information described.--The information described in this paragraph is-- (A) the location of the covered asset; (B) the type of the covered asset, such as whether the asset is a building (and the type of building), land (and the type or use of the land), right-of-way, easement, utility pole, wireless communications tower, underground utility route, or cable on which capacity is available for lease; (C) contact information for an officer or employee of the agency who may be contacted for permitting or other information about the covered asset; (D) whether the covered asset is historic property (as defined in section 300308 of title 54, United States Code); and (E) such other information as the Assistant Secretary considers appropriate. (3) Provision of updated information.-- (A) Change in information.--In the case of a change in any of the information provided to the Assistant Secretary under paragraph (1) with respect to a covered asset of an Executive agency, the head of such agency shall provide updated information to the Assistant Secretary not later than 30 days after such change. (B) Acquisition of new covered asset.--In the case of the acquisition of a covered asset by an Executive agency after the date that is 9 months after the date of the enactment of this Act, the head of such agency shall provide to the Assistant Secretary the information required by paragraph (1) with respect to such asset not later than 30 days after such acquisition. (4) Exclusion of information for national security reasons.-- (A) Classified information.--The head of an Executive agency may exclude classified information from the information provided to the Assistant Secretary under this subsection. (B) Other information.--If the head of an Executive agency determines, in consultation with the Assistant Secretary, that inclusion of information (other than classified information) about a covered asset of such agency in the inventory established under subsection (a) would harm national security, the head of the agency may exclude such information from the information provided to the Assistant Secretary under this subsection. (C) Classified information defined.--In this paragraph, the term ``classified information'' means any information or material that has been determined by the Federal Government pursuant to an Executive order, statute, or regulation, to require protection against unauthorized disclosure for reasons of national security and any restricted data, as defined in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)). (c) Information on State and Local Assets.-- (1) Voluntary provision of information.--A State or local government may provide to the Assistant Secretary for inclusion in the inventory established under subsection (a), in a manner and format to be determined by the Assistant Secretary, information with respect to a State or local asset that would be a covered asset if owned, leased, or otherwise managed by an Executive agency. (2) Inclusion of information.--The Assistant Secretary shall include in such inventory any information provided by a State or local government in accordance with paragraph (1) in the same manner as information provided by an Executive agency under subsection (b). (3) Provision of updated information.--In the case of a change in any of the information provided to the Assistant Secretary under paragraph (1) with respect to a State or local asset, the State or local government shall provide updated information to the Assistant Secretary not later than 30 days after such change. If a State or local government does not comply with the preceding sentence, the Assistant Secretary shall deny the State or local government access to the inventory established under subsection (a). (d) Updating of Inventory.--After the establishment of the inventory under subsection (a), the Assistant Secretary shall include in the inventory information provided under subsection (b) or (c) not later than the date that is 7 days after the Assistant Secretary receives such information. The information with respect to each covered asset or State or local asset in the inventory shall include the most recent date on which such information was added or updated. (e) Format of Location Information.--The information in the inventory established under subsection (a) about the location of a covered asset or State or local asset shall be in Geographic Information System format or another format that the Assistant Secretary considers appropriate. (f) Information Security.--The Assistant Secretary shall adopt measures to prevent unauthorized access to the information in the inventory established under subsection (a). (g) Definitions.--In this section: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (2) Communications facility.--The term ``communications facility'' includes-- (A) any wireless or wireline infrastructure for the transmission of writing, signs, signals, data, images, pictures, or sounds of all kinds; (B) any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the provision of communications services; and (C) any antenna or apparatus that-- (i) is designed for the purpose of emitting radio frequency; (ii) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal Communications Commission; and (iii) is added to a tower, building, or other structure. (3) Communications service.--The term ``communications service'' means a service for the transmission of writing, signs, signals, data, images, pictures, or sounds of all kinds. (4) Covered asset.--The term ``covered asset'' means, with respect to an Executive agency-- (A) any real property or interest in real property that is owned, leased, or otherwise managed by such agency; and (B) any other property that is owned, leased, or otherwise managed by such agency-- (i) on which a communications facility could be constructed; or (ii) that could otherwise be made available to an entity that-- (I) constructs or operates communications facilities for use in connection with such construction or operation; or (II) provides communications service for use in connection with such provision. (5) Executive agency.--The term ``Executive agency'' has the meaning given such term in section 105 of title 5, United States Code.

Broadband Infrastructure Inventory Act of 2018 This bill requires the Department of Commerce to establish and maintain an inventory of federal real property or federal interest in real property on which a communications facility could be constructed or that is suitable for deployment of communications facilities or services. Commerce must make the inventory available to any entity that constructs or operates communications facilities or provides communications services.

Broadband Infrastructure Inventory Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Holley Lynn James Act''. SEC. 2. DEPARTMENT OF DEFENSE POLICY ON SEXUAL ASSAULT AND DOMESTIC VIOLENCE. (a) In General.--Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 130e. Policy on sexual assault and domestic violence ``(a) Office of the Deputy Inspector General for Policy and Oversight.--The Deputy Inspector General for Policy and Oversight of the Department of Defense shall develop and maintain a Department-wide sexual assault prevention and response policy and domestic violence policy and shall provide oversight within the Department with respect to such policies. The Deputy Inspector General shall-- ``(1) develop overall policy and provide guidance for the Sexual Assault Prevention and Response Program of the Department; ``(2) develop overall policy and provide guidance for domestic violence prevention and response within the Department; ``(3) provide guidance and technical assistance to the heads of the military departments in addressing matters concerning sexual assault and domestic violence prevention and response; ``(4) develop strategic program guidance, joint planning objectives, and identify legislative changes needed to ensure the future availability of resources in support of Department sexual assault and domestic violence prevention and response policies; ``(5) maintain sexual assault and domestic violence data collected from each of the military departments; ``(6) acquire the quarterly and annual sexual assault prevention and response data from each of the military departments and assemble the annual reports involving members of the Armed Forces; ``(7) ensure that the annual report required to be submitted under section 577(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108- 375; 10 U.S.C. 116 note) includes information on the commands of the victim and accused in any sexual assault or domestic violence case; ``(8) develop metrics to measure compliance and the effectiveness of sexual assault and domestic violence prevention and response training and awareness objectives; ``(9) review and analyze data collected by the head of each of the military departments; ``(10) establish reporting categories and monitor specific goals for use in producing the Secretary's annual assessment of each military department required under section 577(f)(3) of such Act; ``(11) collaborate with appropriate Federal and State agencies that address sexual assault and domestic violence prevention and response issues and serve as liaison to the committees and advisory groups of such agencies, as appropriate; and ``(12) ensure the maintenance of documents relating to-- ``(A) complaints of sexual assault and domestic violence; ``(B) trials of members of the Armed Forces for sexual assault and domestic violence; and ``(C) any medical treatment received by an alleged victim of sexual assault or domestic violence for complete reporting in the service records of the victim. ``(b) Responsibilities of the Secretary of Defense.--The Secretary of Defense shall-- ``(1) cooperate with the oversight, investigations, and policy advice of the Deputy Inspector General for Policy and Oversight in accordance with the Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.); and ``(2) acting through the General Counsel of the Department of Defense, provide advice and assistance to the Deputy Inspector General for Policy and Oversight on all legal matters, including the review and coordination of all proposed policies, regulations, directives, instructions, and proposed exceptions to policy and the review of all legislative proposals affecting the responsibilities of the Deputy Inspector General under subsection (a). ``(c) Reporting Requirements.--The Deputy Inspector General for Policy and Oversight shall determine the feasibility of establishing a database that would be known as the `Military Sexual Predator Database'. Such a database would include-- ``(1) the capability to report and register sex offenders who are members of the Armed Forces; and ``(2) the capability to effectively coordinate with the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16919). ``(d) Authorization for Additional Personnel.--For the purposes of completing the functions of this section, the Deputy Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Inspector General, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``130e. Policy on sexual assault and domestic violence.''. SEC. 3. DISPOSITION OF RAPE, SEXUAL ASSAULT OR SEXUAL HARASSMENT AND DOMESTIC VIOLENCE CASES WITHIN THE UNIFORM CODE OF MILITARY JUSTICE. (a) Amendment to Title 10.--Subchapter XI of chapter 47 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 940A. Art. 140A. Disposition of rape, sexual assault, sexual harassment, and domestic violence cases ``(a) Special Disposition.--Notwithstanding any other provision of law, there shall be special disposition for charges stemming from a sexual-related offense and charges involving an allegation of domestic violence committed by a member of the Armed Forces as follows: ``(1) A case involving such charges shall automatically be referred to a general court-martial convening authority, as described in section 818 of this title (article 18). ``(2) The staff judge advocate shall provide detailed billets for prosecutors in cases involving allegations of rape or sexual assault, to be filled by a field-grade officer of the Judge Advocate General's Corps with a rank of O-4 or higher. ``(3) In a case involving an accusation of rape, sexual assault, harassment, or domestic violence, the facts of the case shall be given precedence over the value to the service of the accused. ``(4) In a case involving an accusation of rape, sexual assault, or harassment, the accused will not be eligible for non-judicial punishment or administrative punishment if found guilty. ``(b) Victim's Rights.--A victim in a case involving allegations of rape, sexual assault, harassment, or domestic violence shall have rights as follows: ``(1) The Secretary concerned shall provide counsel for the victim, in the same manner as counsel is provided for an accused under section 827(b) of this title (article 27), for any investigation or courts-martial proceeding relating to the case. ``(2) All communications between a victim and a victim's advocates or the victim's counsel shall be considered privileged communications for purposes of the case and any proceedings relating to the case. ``(3) A victim may appeal the decision of a general court martial in the case to the appropriate Court of Criminal Appeals under section 866 of this title (article 66). ``(c) Revision of Manual for Courts-Martial.--The Joint Service Committee on Military Justice shall amend the Manual for Courts-Martial to reflect this section, with especially section 306 of such manual concerning disposition. ``(d) Purpose.--The purpose of this section is to assure proper treatment of sexual assault cases in military judicial system, remove cases from chain of command that may contain both victim and accused, prevent non-judicial punishment and determination being decided in case by unqualified personnel without legal experience, considers the rights of the victim.''. (b) Clerical Amendment.--The table of chapters at the beginning of such chapter is amended by adding at the end of the items relating to subchapter XI the following new item: ``940A. Art. 140A. Disposition of rape, sexual assault, sexual harassment, and domestic violence cases.''. SEC. 4. ALLOWANCE OF CLAIMS BY MEMBERS OF THE ARMED FORCES AGAINST THE UNITED STATES FOR CERTAIN INJURIES RELATING TO OR ARISING OUT OF SEXUAL ASSAULT OR DOMESTIC VIOLENCE. (a) In General.--Chapter 171 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 2681. Certain claims by members of the Armed Forces of the United States ``(a) Notwithstanding section 2680, a claim may be brought against the United States under this chapter for damages or other appropriate relief for any act or omission related to or arising out of covered assaultive conduct or failure to prevent or properly investigate or prosecute covered assaultive conduct. ``(b) In this section, the term `covered assaultive conduct' means sexual assault or harassment, domestic violence, assault and battery, intentional infliction of emotional distress, false imprisonment, or discrimination or negligent hiring, supervision, promotion, or retention. ``(c) For purposes of claims brought under this section, in the case of an act or omission occurring outside the United States-- ``(1) the law that applies to the act or omission shall be the law of the place where the claimant is domiciled within the United States, or, if there is no place where the claimant is so domiciled, the law of the place the claimant has identified as the claimant's home of record for military purposes; and ``(2) any choice-of-law rules which would require the application of foreign or international law shall be disregarded.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 171 of title 28, United States Code, is amended by adding at the end the following: ``2681. Certain claims by members of the Armed Forces of the United States.''.

Holley Lynn James Act - Directs the Deputy Inspector General for Policy and Oversight of the Department of Defense (DOD) to: (1) develop a DOD-wide sexual assault prevention and response policy and domestic violence policy, and (2) provide oversight within DOD with respect to such policies. Requires the Deputy Inspector General to: (1) provide guidance and technical assistance to the heads of the military departments in addressing matters concerning sexual assault and domestic violence prevention and response, (2) maintain sexual assault and domestic violence data collected from each military department, and (3) collaborate with appropriate federal and state agencies that address such issues. Directs the Deputy Inspector General for Policy and Oversight to determine the feasibility of establishing a Military Sexual Predator Database. Outlines criteria for the disposition of rape, sexual assault, sexual harassment, and domestic violence cases. Specifies the rights of a victim in such a case. Allows a claim to be brought against the United States for damages or other appropriate relief for any act or omission related to or arising out of assaultive conduct, or failure to prevent or properly investigate or prosecute such conduct. Defines assaultive conduct as sexual assault or harassment, domestic violence, assault and battery, intentional infliction of emotional distress, false imprisonment, or discrimination or negligent hiring, supervision, promotion, or retention.

To amend titles 10 and 28, United States Code, to provide for military sexual assault and domestic violence accountability, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Don't Track Me Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds as follows: (1) Tracking the location of vehicles and the identities of owners for the purpose of taxation, fines or fees has the potential to be misused, and such collected data could be hacked or used for privacy-invading purposes. (2) Government and corporate websites are frequently hacked, and driver-tracking databases may be no more invulnerable to hacking; to the advantage of criminals, stalkers, and identity thieves. (3) GPS tracking enables the technology for automatic speeding, parking and other traffic tickets, charging variable tax rates due to the time of day or other factors, including characterizing driving behavior from acceleration and braking speed, evasive maneuvers such as swerving to avoid a child or deer in the road, or driving in what the Government may believe is a ``fuel-wasting'' manner. (4) GPS tracking schemes may require vehicle owners to maintain bank accounts for the debiting of resultant fees. This may be a hardship for many low-income vehicle owners, as well as opening new hacking vulnerabilities for bank accounts of vehicle owners. (5) The existing gas tax is a rare example of a user fee, whereby vehicle owners pay for the roads they use when purchasing fuel. The tax has successfully provided necessary funding for many decades. (6) There are far less intrusive ways than location-based tracking to get electric vehicle and hybrid owners to pay for their road usage. (7) Vehicle owners must not be required to surrender their Fourth Amendment rights and be tracked everywhere as a condition of driving on public roads. (8) Amendment IV of the United States Constitution states ``The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.''. (b) Purpose.--It is the purpose of this Act to prohibit the replacement or supplementation of the Federal gasoline excise tax with any tax or fee based upon vehicle location or distance traveled, whether determined by global positioning satellite (GPS), license plate reading cameras or any other method of determining owner registration or identity information, and vehicle location or distance traveled. SEC. 3. PROHIBITION OF A GPS, LOCATION OR MILEAGE BASED TAX. (a) In General.--It is contrary to the public policy of the United States to require the placement or use of any GPS, location, distance tracking system, or any other system to collect identities of vehicle owners by any remote means such as license plate reading cameras, radio frequency identification (RFID) devices or by any other means. (b) The Federal gasoline excise tax may not be replaced or supplemented with any tax, fee or fine based upon vehicle location or distance traveled, whether determined by global positioning satellite (GPS), cameras that read license plates or any other method of determining vehicle location, distance traveled or registration and identity data. (c) No motor vehicle may be required to have any device on board the vehicle or to transmit data to any off board device which tracks or records, collects, stores, transmits and location, distance, or registration or driver identity information. SEC. 4. LIMITATIONS ON VEHICLE-TO-VEHICLE AND VEHICLE-TO-INFRASTRUCTURE COMMUNICATIONS. (a) No public funds may be used to study or implement or require the use of any method of tracking or reporting vehicle movement or location for the purpose of taxes, user fees, traffic fines, accident investigation, or to communicate with other vehicles or infrastructure. (b) Vehicle-to-vehicle or vehicle-to-infrastructure communication systems for the purposes of recording or transmitting or storing for later retrieval location, registration, identity, or speed data are prohibited, except for those vehicles owned or leased by Federal Government agencies in question. (c) Any such transmissions may only be used for momentary accident avoidance or completely anonymized traffic reporting. SEC. 5. ``BLACK BOX'' DATA RECORDERS. No motor vehicle shall be required by any Federal agency to have installed and operational any ``black box'' accident data recorder that records any vehicle data for a period longer than the last five minutes of vehicle operation, and such devices may never be capable of recording audio, images, or video from inside the vehicle. Any such device may not broadcast or transmit any data in any way, except by a direct cable connection to a computer. SEC. 6. VEHICLE OWNERS EXEMPTED. No provisions of this Act shall prohibit the use by vehicle owners of GPS or other technologies for tracking the location of their own vehicle. SEC. 7. REPORTING REQUIREMENT. The Secretary of the Department of Transportation shall submit to Congress, not later than 90 days after the date of the enactment of this Act, a report describing the actions taken to ensure permanent compliance with this Act.

Don't Track Me Act - Declares that it is contrary to U.S. public policy to require the placement or use of any global positioning satellite (GPS), location, or distance tracking system to collect identities of vehicle owners by remote means. Prohibits the federal gasoline excise tax from being replaced or supplemented with any tax, fee, or fine based upon vehicle location or distance traveled that is determined by GPS, license plate reading cameras, or other methods of determining vehicle location, travel distance, or registration and identity data. Prohibits motor vehicles from being required to have certain devices that track or transmit location, distance, or driver identity information. Bars public funds from being used to study, implement, or require the use of any method of tracking or reporting vehicle movement or location for the purpose of taxes, user fees, traffic fines, accident investigation, or communication with other vehicles or infrastructure. Prohibits vehicle-to-vehicle or vehicle-to-infrastructure communication systems for the purposes of recording or transmitting or storing for later retrieval location, registration, identity, or speed data. Allows such transmissions to be used only for momentary accident avoidance or anonymized traffic reporting. Bars federal agencies from requiring motor vehicles to have a "black box" accident data recorder that records vehicle data for longer than the last five minutes of vehicle operation. Prohibits such devices from: (1) recording audio, images, or video from inside the vehicle; or (2) broadcasting or transmitting any data except by a direct cable connection to a computer.

Don't Track Me Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wildlife Trafficking Enforcement Act of 2015''. SEC. 2. WILDLIFE TRAFFICKING VIOLATIONS AS PREDICATE OFFENSES UNDER RACKETEERING AND MONEY LAUNDERING STATUTES. (a) Travel Act.--Section 1952 of title 18, United States Code, is amended-- (1) in subsection (b)-- (A) by striking ``or (3)'' and inserting ``(3)''; and (B) by striking ``of this title and (ii)'' and inserting the following: ``of this title, or (4) any act that is a criminal violation of section 9(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1538(a)(1)), section 2203 of the African Elephant Conservation Act (16 U.S.C. 4223), or section 7(a) of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5305a(a)), if the endangered or threatened species of fish or wildlife, products, items, or substances involved in the violation and relevant conduct, as applicable, have a total value of more than $10,000 and (ii)''; and (2) by adding at the end the following: ``(e) Use of Amounts From Fines, Forfeitures, and Restitution Relating to Wildlife Trafficking Violations.-- ``(1) In general.--The Secretary of the Treasury shall transfer to the Secretary of the Interior and the Secretary of Commerce, for use in accordance with paragraph (2), the amounts received as fines, forfeitures of property or assets, or restitution to the Federal Government for any violation under this section that is based on an unlawful activity described in subsection (b)(i)(4). ``(2) Funds.--Of the amounts transferred under paragraph (1), the Secretary of the Interior and the Secretary of Commerce shall use such amounts as each Secretary determines necessary for the benefit of the species impacted by the applicable violation, to the extent practicable, by depositing the amounts into any fund that is created or authorized under Federal law for conservation purposes.''. (b) Money Laundering.--Section 1956 of title 18, United States Code, is amended-- (1) in subsection (c)(7)-- (A) in subsection (E), by striking ``or'' at the end; (B) in subsection (F), by adding ``or'' at the end; and (C) by adding at the end the following: ``(G) any act that is a criminal violation of section 9(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1538(a)(1)), section 2203 of the African Elephant Conservation Act (16 U.S.C. 4223), or section 7(a) of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5305a(a)), if the endangered or threatened species of fish or wildlife, products, items, or substances involved in the violation and relevant conduct, as applicable, have a total value of more than $10,000;''; and (2) by adding at the end the following: ``(j) Use of Amounts From Civil Penalties, Fines, Forfeitures, and Restitution Relating to Wildlife Trafficking Violations.-- ``(1) In general.--The Secretary of the Treasury shall transfer to the Secretary of the Interior and the Secretary of Commerce, for use in accordance with paragraph (2), the amounts received as civil penalties, fines, forfeitures of property or assets, or restitution to the Federal Government for any violation under this section that is based on specified unlawful activity described in subsection (c)(7)(G). ``(2) Funds.--Of the amounts transferred under paragraph (1), the Secretary of the Interior and the Secretary of Commerce shall use such amounts as each Secretary determines necessary for the benefit of the species impacted by the applicable violation, to the extent practicable, by depositing the amounts into any fund that is created or authorized under Federal law for conservation purposes.''. (c) RICO.--Chapter 96 of title 18, United States Code, is amended-- (1) in section 1961(1)-- (A) by striking ``or (G)'' and inserting ``(G)''; and (B) by inserting before the semicolon at the end the following: ``, or (H) any act that is a criminal violation of section 9(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1538(a)(1)), section 2203 of the African Elephant Conservation Act (16 U.S.C. 4223), or section 7(a) of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5305a(a)), if the endangered or threatened species of fish or wildlife, products, items, or substances involved in the violation and relevant conduct, as applicable, have a total value of more than $10,000''; and (2) in section 1963, by adding at the end the following: ``(n) Use of Amounts From Fines, Forfeitures, and Restitution Relating to Wildlife Trafficking Violations.-- ``(1) In general.--The Secretary of the Treasury shall transfer to the Secretary of the Interior and the Secretary of Commerce, for use in accordance with paragraph (2), the amounts received as fines, forfeitures of property or assets, or restitution to the Federal Government for any violation of section 1962 that is based on racketeering activity described in section 1961(1)(H). ``(2) Funds.--Of the amounts transferred under paragraph (1), the Secretary of the Interior and the Secretary of Commerce shall use such amounts as each Secretary determines necessary for the benefit of the species impacted by the applicable violation, to the extent practicable, by depositing the amounts into any fund that is created or authorized under Federal law for conservation purposes.''. (d) Technical and Conforming Amendments.-- (1) Use of amounts from fines.--Section 1402(b)(1)(A) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(b)(1)(A)) is amended-- (A) in clause (i), by striking ``and'' at the end; and (B) by adding at the end the following: ``(iii) sections 1952(e), 1956(j), and 1963(n) of title 18, United States Code; and''. (2) Use of amounts from forfeitures.--Section 524(c)(4)(A) of title 28, United States Code, is amended by inserting before ``or the Postmaster General'' the following: ``the Secretary of the Treasury pursuant to section 1952(e), 1956(j), or 1963(n) of title 18,''.

Wildlife Trafficking Enforcement Act of 2015 This bill applies provisions of the federal criminal code concerning money laundering and racketeering to wildlife trafficking violations of the Endangered Species Act of 1973, the African Elephant Conservation Act, and the Rhinoceros and Tiger Conservation Act of 1994, if the endangered or threatened species of fish or wildlife, products, items, or substances involved in the violation and relevant conduct have a total value of more than $10,000. Violators would be subject to increased fines and years of imprisonment. The amounts generated from penalties for those wildlife violations must be used for the benefit and conservation of impacted species.

Wildlife Trafficking Enforcement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bipartisan Health Care Reform Commission Act of 1994''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established an independent commission to be known as the Bipartisan Health Care Reform Commission (in this Act referred to as the ``Commission''). (b) Appointment.-- (1) In general.--The Commission shall consist of-- (A) 3 members appointed by the President, not more than 2 of whom may be members of the same political party; (B) 2 members appointed by the Majority Leader of the Senate; (C) 2 members appointed by the Minority Leader of the Senate; (D) 2 members appointed by the Majority Leader of the House of Representatives; and (E) 2 members appointed by the Minority Leader of the House of Representatives. (2) Qualifications of members.--Members shall be appointed on the basis of their expertise and national recognition in the fields of health economics, provider reimbursement, health insurance, health benefits design, and related fields. No Member of Congress may be appointed to serve as a member of the Commission. (c) Term.--Members of the Commission shall be appointed not later than 30 days after the date of the enactment of this Act and shall serve for the life of the Commission. (d) Vacancy.--A vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (e) Availability of Funds.--The Secretary of Health and Human Services shall make available, from amounts appropriated to the Secretary, such staff and funds as may be necessary to carry out the work of the Commission. (f) No Compensation Except Travel Expenses.--Members of the Commission shall serve without compensation, but the Secretary of Health and Human Services shall provide that each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (g) Quorum; Chairman.--Six members of the Commission shall constitute a quorum. The President shall designate one member of the Commission to serve as chairman. SEC. 3. RESPONSIBILITIES. (a) Analyses and Recommendations.--The Commission shall-- (1) conduct an analysis of the health care systems of the States, as well as proposed or enacted reforms of such systems; (2) conduct an analysis of the problems relating to programs and policies of the Federal Government relating to health care, including Federal health insurance programs (such as the medicare and medicaid programs), health programs of the various Departments, and tax policies as they relate to health care and health insurance; (3) analyze private sector health systems, including various employer plans and innovative delivery systems; and (4) make recommendations on reforms that the Congress should consider in response to the findings of the analyses. (b) Hearings.--The Commission shall hold at least 5 public hearings. The topics of the hearings shall be established in consultation with the officials that appointed members to the Commission. (c) Report.--Not later than April 30, 1995, the Commission shall submit a report to the Congress on the state of health care in the United States. Such report shall include analyses of the following issues: (1) The rate of growth in health care costs by type of provider, by type of payer, and by State. (2) The utility of various mechanisms to empower purchasers of health care with information about comparative cost, quality, and access, including the effect of such information on patient's behavior in the medical marketplace. (3) The success or failure of different types of group health plans, such as plans that use medical savings accounts, managed care plans, plans offered through voluntary purchasing cooperatives, and traditional indemnity plans, in cost, quality, and access. (4) The success or failure of various Medicaid reform proposals, including the use of managed care, the use of vouchers to permit purchase of private insurance, and prioritization of benefits. (d) Legislative Proposal.--If the Commission recommends changes which requires legislation to implement, the Commission shall include in its report under subsection (c) a detailed legislative proposal providing for implementation of the recommendations. SEC. 4. CONSIDERATION OF RECOMMENDATIONS. (a) Introduction and Referral.-- (1) In general.--If the report of the Commission under section 3-- (A) includes a detailed legislative proposal under section 3(d), and (B) is accompanied by a statement provided by the Director of the Congressional Budget Office under subsection (h) that the enactment of the proposal will not result in any increase in the Federal deficit in each of the 10 fiscal years beginning after the date of submittal of the report, the majority leader (or the leader's designee) in each House shall introduce (by request and not later than 7 days after the date of receipt by Congress of the report) the legislative proposal as a bill. The title of that bill shall be ``A bill to carry out the recommendations of the Bipartisan Health Care Reform Commission.''. (2) Referral.--That bill shall be referred on the date of introduction to the appropriate committee (or committees) in accordance with rules of the respective Houses. (b) Discharge Deadline.--If any committee to which the bill is referred does not report the bill by the end of the 45-day period beginning on the date the bill was referred to the committee, the committee shall be automatically discharged from further consideration of the bill as of the end of such period. (c) Floor Consideration.-- (1) House of representatives.--For the purpose of expediting consideration and passage of a bill reported or discharged under this section, the Committee on Rules of the House of Representatives shall report a privileged resolution providing for the consideration of the bill and amendments thereto under an open rule and for a period of unlimited debate before the consideration of amendments to the bill. If such a bill differs from the recommendation of the Commission, any such resolution shall make in order an amendment consisting of the text of the Commission's recommendations. (2) Senate.--[LANGUAGE TO BE INSERTED LATER] (d) Final Passage.--A vote on final passage of the bill shall be taken in a House not later than the end of the 15-day period beginning on the date on which the motion to proceed to its consideration in that House has been approved. (e) Special Rules.--If the House of Representatives approves a bill and the Senate approves a bill the text of which is identical to the text of the bill approved by the House of Representatives, the Senate is deemed to have approved the bill approved by the House of Representatives, effective on the later of-- (1) the date of approval of a bill in the Senate, or (2) the date the Senate receives a message from the House of Representatives announcing that the House has passed the bill. (f) Rules of House of Representatives and Senate.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and of the Senate, respectively, or of that House to which they specifically apply and such rules supersede other rules only to the extent that they are inconsistent therewith, and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (g) Not Including Certain Days.--Days on which a House of Congress is not in session because of an adjournment of more than 3 days shall be excluded in the computation of any number of days in a period under this section with respect to that House. (h) Congressional Budget Office Determinations.--The Director of the Congressional Budget Office, upon request of the Commission or an appropriate committee, shall-- (1) review any bill to be proposed by the Commission or the committee to determine if the enactment of the bill would result in any increase in the Federal deficit in any of the 10 fiscal years beginning after the date on which the request is made, and (2) provide a written statement of such determination.

Bipartisan Health Care Reform Commission Act of 1994 - Establishes an independent Bipartisan Health Care Reform Commission to: (1) conduct an analysis of the health care systems of the States, as well as proposed or enacted reforms of such systems, and of the problems relating to Federal programs and policies relating to health care; (2) analyze private sector health systems; and (3) make recommendations on reforms that the Congress should consider in response to the findings of the analyses. Directs the Commission to: (1) hold at least five public hearings; and (2) report to the Congress on the state of health care in the United States. Sets forth provisions regarding procedures for congressional consideration of any recommendations of the Commission and review of any bill proposed by the Commission or an appropriate committee by the Director of the Congressional Budget Office.

Bipartisan Health Care Reform Commission Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water Authority Restoration Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) Water is a unique and precious resource that is necessary to sustain human life and the life of animals and plants. (2) Water is used not only for human, animal, and plant consumption, but is also important for agriculture, transportation, flood control, energy production, recreation, fishing and shellfishing, and municipal and commercial uses. (3) Water has significant historic and cultural value in our society. (4) In enacting the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) in 1972 and through subsequent amendment, including the Clean Water Act of 1977 (91 Stat. 1566) and the Water Quality Act of 1987 (101 Stat. 7), Congress established the national objective of restoring and maintaining the chemical, physical, and biological integrity of the waters of the United States and recognized that achieving this objective requires restoration and maintenance of the natural structures and functions of the aquatic ecosystems of the United States. (5) Water is transported through interconnected hydrologic cycles, and the pollution, impairment, or destruction of part of an aquatic system may affect the chemical, physical, and biological integrity of other interconnected parts of the aquatic system. (6) Protection of intrastate waters, including waters that appear to be isolated, along with other waters of the United States, is necessary to restore and maintain the chemical, physical, and biological integrity of all waters in the United States. (7) The regulation of discharges of pollutants into isolated and intrastate waters is an integral part of the comprehensive clean water regulatory program of the United States. (8) The term ``waters of the United States'' means all waters of the United States subject to the powers of the Federal Government under the Constitution, including wetlands adjacent to bodies of water and other wetlands and waters often referred to as isolated. (9) Regardless of whether a wetland or other water is referred to as isolated, wetlands, lakes, ponds, and other types of water in the United States are an integral part of the aquatic environment that contribute to the chemical, physical, and biological integrity of the aquatic system. (10) The waters of the United States, including intrastate and isolated waters, filter pollutants from surface run-off and remove pollutants before the water is released to groundwater or surface water or taken up by plants and animals and widely dispersed throughout the food chain. (11) The waters of the United States, including intrastate and isolated waters, also provide crucial habitat for flora and fauna that contribute to the biological integrity of the aquatic environment, including unique aquatic vegetation, amphibians, reptiles, fish, shorebirds, raptors, waterfowl, and other migratory birds. (12) More than one-half of the duck population of the United States breeds in intrastate and isolated waters, as do approximately one-half of all amphibian species in the United States. (13) Small and periodically-flowing streams comprise the majority of all stream channels in the United States and serve critical biological and hydrological functions that affect entire watersheds, especially the life cycles of aquatic organisms and the movement of higher order streams during floods. (14) Destroying, polluting, or altering small stream channels often results in an accumulation of negative effects throughout a watershed, including the introduction of pollutants to larger-order streams and rivers. (15) The pollution or other degradation of waters of the United States, including isolated and intrastate waters, individually and in the aggregate, has a substantial relation to and affect on interstate commerce. (16) Protection of the waters of the United States, including intrastate and isolated waters, is necessary to prevent significant harm to interstate commerce and sustain a robust system of interstate commerce in the future. (17) The navigation system of the United States directly benefits from maintaining the variety of water types that collect, store, and filter run-off because that collection, storage, and filtration greatly reduces the quantity of sediment deposits and navigation disruption in the waters of the United States, and without the direct benefits of isolated and intrastate waters, the United States would spend millions of additional dollars on navigational dredging projects. (18) Thousands of businesses and communities depend on wetlands and intrastate and isolated waters for protection from flooding. (19) Draining or filling isolated wetlands and channelizing or filling streams, including intrastate streams, causes or exacerbates flooding. (20) Floods and the risk of floods are a significant burden on interstate commerce because floods damage and destroy public infrastructure, private homes, and businesses. (21) Millions of people in the United States depend on intrastate and isolated wetlands to filter water and recharge surface and subsurface drinking water supplies. (22) Polluted drinking water and depleted drinking water supplies are significant burdens on interstate commerce because the lack of a safe and ample water supply significantly limits economic growth and adversely affects human health. (23) Agriculture depends on intrastate and isolated waters for irrigation, watering stock, and maintenance of water supply to wells. (24) Millions of people in the United States enjoy recreational activities that depend on intrastate and isolated waters, such as waterfowl hunting, bird watching, fishing, and photography and other graphic arts, and those activities and associated travel generate billions of dollars of income each year for the travel, tourism, recreation, and sporting sectors of the economy of the United States. (25) Discharges of dredged and fill material and other pollutants into waters of the United States, including intrastate and isolated waters, are almost always associated with activities that are commercial or economic in nature. (26) Wetlands, including intrastate and isolated wetlands, are routinely filled to construct roads, parking lots, residential subdivisions, commercial buildings, solid waste landfills, and recreational and institutional facilities, all of which have a substantial relation to and effect on interstate commerce. (27) Activities that result in the discharge of pollutants into waters of the United States are commercial or economic in nature, including industrial production, transportation and infrastructure development, residential and commercial construction and site development, navigation, agriculture and silviculture, and resource extraction. (28) In enacting the Federal Water Pollution Control Act and its amendments, Congress recognized that-- (A) inconsistent State water pollution control laws are insufficient to protect the aquatic ecosystems of the United States; and (B) uniform, minimum national water quality and aquatic ecosystem protection standards are essential to prevent incentives to lower environmental standards and allow businesses in States with less protective environmental standards to achieve greater profits, not only at the expense of the downstream public but also at the expense of businesses in States that impose more protective environmental standards. (29) States have the responsibility and right to prevent, reduce, and eliminate pollution of waters, and the Federal Water Pollution Control Act respects the rights and responsibilities of States by preserving for States the ability to manage permitting, grant, and research programs to prevent, reduce, and eliminate pollution, and to establish standards and programs more protective of a State's waters than is provided under Federal standards and programs. (30) Protecting the quality of and regulating activities affecting the waters of the United States is a necessary and proper means of implementing treaties to which the United States is a party, including treaties protecting species of fish, birds, and wildlife, such as-- (A) the Convention for the Protection of Migratory Birds in the United States and Canada, signed at Washington on August 16, 1916 (39 Stat. 1702); (B) the Convention for the Protection of Migratory Birds and Game Mammals, signed at Mexico City on February 7, 1936 (50 Stat. 1311); and (C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere, with an annex, opened for signature at the Pan American Union at Washington on October 12, 1940 (56 Stat. 1354). (31) Protecting the quality of and regulating activities affecting the waters of the United States is a necessary and proper means of protecting Federal land, including hundreds of millions of acres of parkland, refuge land, and other land under Federal ownership and the wide array of waters encompassed by that land. (32) Protecting the quality of and regulating activities affecting the waters of the United States is necessary to protect Federal land and waters from discharges of pollutants and other forms of degradation. SEC. 3. PURPOSES. The purposes of this Act are as follows: (1) To provide protection to waters of the United States to the fullest extent of the legislative authority of Congress under the Constitution, including the Commerce Clause, the Property Clause, the Treaty Clause, and the Necessary and Proper Clause of Articles I and IV of the Constitution. (2) To regulate activities affecting the waters of the United States, including intrastate and isolated waters. (3) To restore and maintain the chemical, physical, and biological integrity of the waters of the United States. SEC. 4. DEFINITION OF WATERS OF THE UNITED STATES. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended-- (1) by striking paragraph (7); (2) by redesignating paragraphs (8) through (23) as paragraphs (7) through (22), respectively; and (3) by adding at the end the following: ``(23) Waters of the united states.--The term `waters of the United States' means all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of the foregoing, to the fullest extent that these waters, or activities affecting these waters, are subject to the legislative power of Congress under the Constitution.''. SEC. 5. CONFORMING AMENDMENTS. The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended-- (1) by striking ``navigable waters of the United States'' each place it appears and inserting ``waters of the United States''; (2) in section 304(l)(1) by striking ``navigable waters'' in the heading and inserting ``waters of the united states''; and (3) by striking ``navigable waters'' each place it appears and inserting ``waters of the United States''.

Clean Water Authority Restoration Act of 2002 - Amends the Federal Water Pollution Control Act to replace the term "navigable waters," throughout the Act, with the term "waters of the United States," defined to mean all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of the foregoing, to the fullest extent that these waters, or activities affecting them, are subject to the legislative power of Congress under the Constitution.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unfunded Mandates Accountability Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) The public has a right to know the benefits and costs of regulation. Effective regulatory programs provide important benefits to the public, including protecting the environment, worker safety, and human health. Regulations also impose significant costs on individuals, employers, and State, local, and tribal governments, diverting resources from other important priorities. (2) Better regulatory analysis and review should improve the quality of agency decisions, increasing the benefits and reducing unwarranted costs of regulation. (3) Disclosure and scrutiny of key information underlying agency decisions should make the Federal Government more accountable to the public it serves. SEC. 3. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES. Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532) is amended-- (1) by striking the section heading and inserting the following: ``SEC. 202. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.''; (2) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; (3) by striking subsection (a) and inserting the following: ``(a) Definition.--In this section, the term `cost' means the cost of compliance and any reasonably foreseeable indirect costs, including revenues lost, as a result of an agency rule subject to this section. ``(b) Regulatory Impact Analyses.-- ``(1) Requirement.--Before promulgating any proposed or final rule that may have an annual effect on the economy of $100,000,000 or more (adjusted for inflation), or that may result in the expenditure by State, local, and tribal governments, in the aggregate, of $100,000,000 or more (adjusted for inflation) in any 1 year, the agency promulgating the rule shall prepare and publish in the Federal Register an initial and final regulatory impact analysis with respect to the rule. ``(2) Initial regulatory impact analysis.--An initial regulatory impact analysis required under paragraph (1) shall-- ``(A) accompany the notice of proposed rulemaking with respect to the rule that is the subject of the analysis; and ``(B) be open to public comment. ``(3) Final regulatory impact analysis.--A final regulatory impact analysis required under paragraph (1) shall accompany the final rule that is the subject of the analysis. ``(c) Content.--Each initial and final regulatory impact analysis prepared and published under subsection (b) shall include, with respect to the rule that is the subject of the analysis-- ``(1)(A) an analysis of the anticipated benefits and costs of the rule, which shall be quantified to the extent feasible; ``(B) an analysis of the benefits and costs of a reasonable number of regulatory alternatives within the range of the discretion of the agency under the statute authorizing the rule, including alternatives that-- ``(i) require no action by the Federal Government; and ``(ii)(I) use incentives and market-based means to encourage the desired behavior; ``(II) provide information based upon which the public can make choices; or ``(III) employ other flexible regulatory options that permit the greatest flexibility in achieving the objectives of the statute authorizing the rule; and ``(C) an explanation of how the rule complies with the requirements of section 205; ``(2) an assessment of the extent to which-- ``(A) the costs to State, local, and tribal governments may be paid with Federal financial assistance (or otherwise paid for by the Federal Government); and ``(B) Federal resources are available to carry out the rule; ``(3) estimates of-- ``(A) any disproportionate budgetary effects of the rule upon any particular-- ``(i) regions of the United States; ``(ii) State, local, or tribal governments; ``(iii) types of communities, including urban or rural communities; or ``(iv) segments of the private sector; and ``(B) the effect of the rule on job creation or job loss, which shall be quantified to the extent feasible; and ``(4)(A) a description of the extent of the prior consultation of the agency under section 204 with elected representatives of each affected State, local, or tribal government; ``(B) a summary of the comments and concerns that were presented to the agency orally or in writing by State, local, or tribal governments; and ``(C) a summary of the evaluation by the agency of the comments and concerns described in subparagraph (B).''; (4) in subsection (d), as so redesignated, by striking ``a statement under subsection (a) is required, the agency shall include in the promulgation a summary of the information contained in the statement'' and inserting ``an analysis under subsection (b) is required, the agency promulgating the rule shall include in the promulgation a summary of the information contained in the analysis''; and (5) in subsection (e), as so redesignated, by striking ``any statement required under subsection (a) in conjunction with or as a part of any other statement or analysis, provided that the statement or analysis satisfies the provisions of subsection (a)'' and inserting ``any analysis required under subsection (b) in conjunction with, or as a part of, any other statement or analysis if the other statement or analysis satisfies the requirements of subsections (b) and (c)''. SEC. 4. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED. Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531 et seq.) is amended by striking section 205 (2 U.S.C. 1535) and inserting the following: ``SEC. 205. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED. ``Before promulgating any proposed or final rule for which a regulatory impact analysis is required under section 202, an agency shall-- ``(1) identify and consider a reasonable number of regulatory alternatives within the range of the discretion of the agency under the statute authorizing the rule, including the alternatives described in section 202(c)(1)(B); and ``(2) from the alternatives identified and considered under paragraph (1), select the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the statute.''. SEC. 5. INCLUSION OF APPLICATION TO INDEPENDENT REGULATORY AGENCIES. (a) In General.--Section 421(1) of the Congressional Budget Act of 1974 (2 U.S.C. 658(1)) is amended by striking ``, but does not include independent regulatory agencies''. (b) Exemption for Monetary Policy.--The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.) is amended by inserting after section 5 the following: ``SEC. 6. EXEMPTION FOR MONETARY POLICY. ``Nothing in title II, III, or IV shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.''. SEC. 6. JUDICIAL REVIEW. Title IV of the Unfunded Mandates Reform Act of 1995 is amended by striking section 401 (2 U.S.C. 1571) and inserting the following: ``SEC. 401. JUDICIAL REVIEW. ``(a) In General.--A person that is aggrieved by final agency action in adopting a rule that is subject to section 202 is entitled to judicial review of whether the agency complied with section 202(b), 202(c)(1), or 205 with respect to the rule. ``(b) Scope of Review.--Chapter 7 of title 5, United States Code, shall govern the scope of judicial review under subsection (a). ``(c) Jurisdiction.--Each court that has jurisdiction to review a rule for compliance with section 553 of title 5, United States Code, or under any other provision of law, shall have jurisdiction to review a claim brought under subsection (a). ``(d) Relief Available.--In granting relief in an action under this section, a court shall order the agency that promulgated the rule that is under review to take remedial action consistent with chapter 7 of title 5, United States Code.''. SEC. 7. EFFECTIVE DATE. This Act shall take effect on the date that is 90 days after the date of enactment of this Act.

Unfunded Mandates Accountability Act of 2017 This bill revises rulemaking requirements under the Unfunded Mandates Reform Act of 1995 (UMRA) to: (1) require federal agencies to prepare and publish in the Federal Register an initial and final regulatory impact analysis prior to promulgating any proposed or final rule that may have an annual effect on the economy of $100 million or more (adjusted for inflation); (2) make consideration of the least burdensome alternative to a rule mandatory and require the selection of the least costly, most cost-effective, or least burdensome alternative; (3) exempt from such requirements rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee; and (4) expand judicial review of agency rulemaking. The bill amends the Congressional Budget Act of 1974 to extend such Act's requirements to independent regulatory agencies.

Unfunded Mandates Accountability Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vaccine Shortage Preparedness Act of 2008''. SEC. 2. SALES FROM 6-MONTH SUPPLY. Section 1928(d)(6) of the Social Security Act (42 U.S.C. 1396s(d)(6)) is amended by inserting before the last sentence the following: ``The Secretary may sell such quantities of vaccines from such supply to public health departments or back to the vaccine manufacturers as the Secretary determines appropriate. Proceeds received from such sales shall be available to the Secretary only for the purposes of procuring pediatric vaccine stockpiles under this section and shall remain available until expended.''. SEC. 3. ONE-YEAR NOTICE ON DISCONTINUING MANUFACTURE OF VACCINE. Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506C the following section: ``SEC. 506D. DISCONTINUANCE OF VACCINE. ``(a) In General.-- ``(1) Notice to secretary.--A manufacturer of a vaccine approved by the Secretary shall notify the Secretary of a discontinuance of the manufacture of the vaccine at least 12 months prior to the date of the discontinuance. ``(2) Director of centers for disease control and prevention.--Promptly after receiving a notice under paragraph (1), the Secretary shall inform the Director of the Centers for Disease Control and Prevention of the notice. Promptly after determining that a reduction under subsection (b) applies with respect to such a notice, the Secretary shall inform such Director of the reduction. ``(3) Relationship to separate notice program.--In the case of a vaccine that is approved by the Secretary and is a drug described in section 506C(a), this section applies to the vaccine in lieu of section 506C. ``(b) Reduction in Notification Period.--The notification period required under subsection (a) for a manufacturer may be reduced if the manufacturer certifies to the Secretary that good cause exists for the reduction, such as a situation in which-- ``(1) a public health problem may result from continuation of the manufacturing for the 12-month period; ``(2) a biomaterials shortage prevents the continuation of the manufacturing for the 12-month period; ``(3) a liability problem may exist for the manufacturer if the manufacturing is continued for the 12-month period; ``(4) continuation of the manufacturing for the 12-month period may cause substantial economic hardship for the manufacturer; or ``(5) the manufacturer has filed for bankruptcy under chapter 7 or 11 of title 11, United States Code. ``(c) Distribution.--To the maximum extent practicable, the Secretary shall distribute information on the discontinuation of the manufacture of vaccines to appropriate physician and patient organizations.''. SEC. 4. CERTAIN AUTHORITIES REGARDING INFLUENZA AND OTHER VACCINES. (a) Authorities.--Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended-- (1) by redesignating section 317A as section 317A-1; and (2) by inserting after section 317 the following section: ``SEC. 317A. CERTAIN AUTHORITIES REGARDING INFLUENZA AND OTHER VACCINES. ``(a) Declaration.--The Secretary may declare a public health emergency if-- ``(1) there is a shortage of an approved vaccine for an infectious disease; and ``(2) there is a significant risk of a significant outbreak of such disease. ``(b) Requirement.--If the Secretary publishes in the Federal Register a declaration of a public health emergency under subsection (a), each person who is a manufacturer or distributor of such vaccine shall provide to the Secretary such information as the Secretary may require with respect to the location of supplies of the vaccine, including supplies in the possession of the person, supplies scheduled to be received by the person, and supplies sold by the person. Any such person who fails to comply with an order of the Secretary under the preceding sentence is liable to the United States for a civil penalty not exceeding $1,000 for each day for which the person is in violation of the order. ``(c) Availability to States.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall, at the request of a State, provide to the State information collected by the Secretary under subsection (b). ``(2) Restriction; confidentiality.--The Secretary may provide to a State information collected by the Secretary under subsection (b) only if the State agrees-- ``(A) to restrict its use of the information to facilitating access to vaccines; and ``(B) to otherwise keep such information confidential.''. (b) Study on Reallocation of Vaccine.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall complete a study and submit a report to the Congress on successful models and alternatives for tracking and facilitating, in consultation with State and local health officials, reallocation of vaccine at the local level in times of shortage or emergency.

Vaccine Shortage Preparedness Act of 2008 - Amends the Social Security Act to authorize the Secretary of Health and Human Services to sell to public health departments or back to the manufacturers such quantities of the six-month supply of pediatric vaccines acquired for unanticipated needs as the Secretary determines appropriate. Makes proceeds of such sales available only for purposes of procuring pediatric vaccine stockpiles. Amends the Federal Food, Drug, and Cosmetic Act to require: (1) a manufacturer of an approved vaccine to notify the Secretary 12 months prior to discontinuing manufacture of the vaccine, with exceptions; and (2) the Secretary, promptly after receiving such notice and after determining that a reduction applies, to inform the Director of the Centers for Disease Control and Prevention (CDC). Amends the Public Health Service Act to authorize the Secretary to declare a public health emergency if there is: (1) a shortage of an approved vaccine for an infectious disease; and (2) a significant risk of a significant outbreak of such disease. Requires: (1) each manufacturer or distributor of such vaccine to then provide the Secretary with the location of vaccine supplies; and (2) the Secretary, upon request, to provide such information to a state, provided the state agrees to restrict use of the information to facilitating access to vaccines and to otherwise keep such information confidential. Requires the Secretary to study successful models and alternatives for tracking and facilitating reallocation of vaccine at the local level in times of shortage or emergency.

A bill to amend the Social Security Act, the Federal Food, Drug, and Cosmetic Act, and the Public Health Service Act to ensure a sufficient supply of vaccines, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Targeted Revenue Sharing Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) Federal grants to State and local governments predate the Constitution. Early grants included land grants for public schools and universities. Later, Congress created financial grants to the States with matching requirements and conditions, including grants for highway construction, vocational education, public health, and maternity care. (2) During the Nixon Administration, the emphasis of Federal grants-in-aid programs was shifted from categorical grants to block grants and general revenue sharing, which sent funds to State and local governments with virtually no programmatic requirements. Revenue sharing is not a new or radical proposal. (3) Despite this long history of assistance to State and local governments, the Federal Government is not providing sufficient aid to the States in their current fiscal crisis. The State fiscal crisis is twice as severe as the crisis in the early 1990s, with States carrying fiscal year 2004 budget deficits totaling roughly $100,000,000,000. Yet continuing decreases in Federal taxes for the wealthiest Americans leave significantly fewer Federal revenues to help the States provide basic services for their residents. (4) To meet residents' needs, States have been forced to increase income, property, and sales taxes for middle-income and working families, in addition to raising taxes on businesses. States also have had to cut funding for health care, education, child care, public safety, and other programs. At least 18 States have planned or are considering cuts in spending on elementary and secondary education, resulting in shortened school years and teacher layoffs. Cuts in State aid have caused many colleges and universities to lay off faculty and raise tuition. (5) Federal spending for the war and occupation of Iraq is further straining the Federal Government's ability to aid the States, undermining financial assistance for education, public housing, Medicaid, Temporary Assistance for Needy Families, and other important programs. (6) Defense appropriations will grow rapidly and uncontrollably, continuing to crowd out spending for vital human needs at the Federal and State levels. Homeland security is directly threatened by cuts in police, fire, and hospital budgets. (7) The Federal Government must help the States to avert greater fiscal damage because it has more economic tools available than the States. Unlike the Federal Government, 49 States have some form of a balanced budget requirement, forcing States to reduce expenditures, increase revenues, or use both of these options to close their budget gaps. (8) To live up to its historic obligations and provide relief at a time of economic disaster, the Federal Government immediately should enact a program of emergency targeted revenue sharing, with assistance for schools and education given first priority. SEC. 3. EDUCATION FINANCIAL ASSISTANCE FOR STATES AND THEIR LOCAL GOVERNMENTS. (a) Appropriation.--There is authorized to be appropriated and is appropriated to carry out this section $14,500,000,000 for fiscal year 2003, $12,500,000,000 for fiscal year 2004, and $12,500,000,000 for fiscal year 2005. (b) Payment.--The Secretary of the Treasury shall pay to each State an amount equal to the amount allotted to the State under subsection (c). (c) Allotments.--From the amounts appropriated under subsection (a) for each fiscal year, the Secretary of the Treasury shall allot to each of the States as follows, except that no State shall receive less than \1/2\ of 1 percent of such amount: (1) State level.--50 percent shall be allotted among such States on the basis of the relative school-age population of each such State, as determined by the Secretary of the Treasury, in consultation with the Secretary of Education, on the basis of the most recent decennial census. (2) Local government level.--50 percent shall be allotted among such States as determined under paragraph (1) for distribution by the State to the various units of general local government within such States on the basis of the relative school-age population of each such unit within each such State, as determined by the Secretary of the Treasury, in consultation with the Secretary of Education, on the basis of the most recent decennial census. (d) Use of Funds by State and Local Governments.--Funds received under this section may be used only for ordinary and necessary maintenance and operating expenses, and ordinary and necessary capital expenditures authorized by law, for primary, secondary, or higher education. (e) Effective Date.--Not later than 45 days after the date of enactment of this Act, the Secretary of the Treasury shall make payments to States under this section for fiscal year 2003. The Secretary of the Treasury shall make subsequent fiscal year payments not later than one year following the prior fiscal year's payments under this section. SEC. 4. GENERAL REVENUE SHARING WITH STATES AND THEIR LOCAL GOVERNMENTS. (a) Appropriation.--There is authorized to be appropriated and is appropriated to carry out this section $14,500,000,000 for fiscal year 2003, $12,500,000,000 for fiscal year 2004, and $12,500,000,000 for fiscal year 2005. (b) Payment.--The Secretary of the Treasury shall pay to each State an amount equal to the amount allotted to the State under subsection (c). (c) Allotments.--From the amounts appropriated under subsection (a) for each fiscal year, the Secretary of the Treasury shall allot to each of the States as follows, except that no State shall receive less than \1/2\ of 1 percent of such amount: (1) State level.--50 percent shall be allotted among such States on the basis of the relative population of each such State, as determined by the Secretary of the Treasury on the basis of the most recent decennial census. (2) Local government level.--50 percent shall be allotted among such States as determined under paragraph (1) for distribution by the State to the various units of general local government within such States on the basis of the relative population of each such unit within each such State, as determined by the Secretary of the Treasury on the basis of the most recent decennial census. (d) Effective Date.--Not later than 45 days after the date of enactment of this Act, the Secretary of the Treasury shall make payments to States under this section for fiscal year 2003. The Secretary of the Treasury shall make subsequent fiscal year payments not later than one year following the prior fiscal year's payments under this section. SEC. 5. DEFINITIONS. In this Act: (1) State.--The term ``State'' means any of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. (2) Unit of general local government.-- (A) In general.--The term ``unit of general local government'' means-- (i) a county, parish, township, city, or political subdivision of a county, parish, township, or city, that is a unit of general local government as determined by the Secretary of Commerce for general statistical purposes; and (ii) the District of Columbia, the Commonwealth of Puerto Rico, and the recognized governing body of an Indian tribe or Alaskan native village that carries out substantial governmental duties and powers. (B) Treatment of subsumed areas.--For purposes of determining a unit of general local government under

Emergency Targeted Revenue Sharing Act of 2003 - Authorizes and makes appropriations for FY 2003 through 2005 for financial assistance to States and their local governments for: (1) assistance for education; and (2) general revenue sharing. Directs the Secretary of the Treasury to make allotments of such funds to States, with 50 percent of such allotments to be distributed by States among their local governments. Bases the amount of a State's allotment and of a local government's share upon relative: (1) school-age population, in the case of education assistance; and (2) general population, in the case of general revenue sharing.

To provide for general revenue sharing and assistance for education for States and their local governments.

SECTION 1. TREATMENT OF GOODS EXPORTED FOR MODIFICATION AND REIMPORTED. (a) Textile and Apparel Goods.-- (1) In general.--Subchapter II of chapter 98 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following subheading, with the article description having the same degree of indentation as the article description for subheading 9802.00.60: `` 9802.00.70 Textile and apparel A duty upon the Free (CL, CO, IL, A duty upon the '' goods classifiable full value of the JO, KR, P, PA, PE, full value of the . under chapter 61, imported article, SG) imported article, except goods of less the cost or A duty upon the less the cost or heading 9802.00.90 value of full value of the value of and goods imported materials, imported article, materials, under provisions including thread, less the cost or including thread, of subchapter XIX yarn, fabric, or value of yarn, fabric, or or XX of this components the materials, components the chapter, if product of the including thread, product of the exported for United States and yarn, fabric, or United States and further processing provided for under components the provided for under any of headings product of the any of headings 5106 through 5110, United States and 5106 through 5110, 5204 through 5207, provided for under 5204 through 5207, 5306 through 5308, any of headings 5306 through 5308, 5401 through 5406, 5106 through 5110, 5401 through 5406, or 5508 through 5204 through 5207, or 5508 through 5511, or chapter 5306 through 5308, 5511, or chapter 60 or 61 (see U.S. 5401 through 5406, 60 or 61 (see U.S. note 4 of this or 5508 through note 4 of this subchapter) 5511, or chapter subchapter) 60 or 61 (see U.S. note 4 of this subchapter) (AU, B, BH, C, CA, E, MA, MX, OM) Free, for products described in U.S. note 7 to this subchapter Free, for qualifying articles from sub- Saharan African countries enumerated in U.S. note 7 to this subchapter (2) Conforming amendment.--U.S. note 4 to subchapter II of chapter 98 of the Harmonized Tariff Schedule of the United States is amended, in the matter preceding paragraph (a), by inserting ``and subheading 9802.00.70'' after ``9802.00.90''. (b) Commingling of Fungible Goods Exported for Repairs or Alterations.--U.S. note 3 to subchapter II of chapter 98 of the Harmonized Tariff Schedule of the United States is amended by adding at the end the following: ``(e) For purposes of subheadings 9802.00.40 and 9802.00.50, if an article is exported from the United States for the purpose of repairing or altering the article and the article is subsequently imported into the United States-- ``(1) the article shall be considered to be the same article that was exported without regard to whether the article contains 1 or more components recovered from an identical or similar article that was also exported from the United States; and ``(2) the cost or value of any such components shall not be included in the value of the article when the article enters the United States.''. (c) Articles Previously Imported.-- (1) Duty treatment.--The article description for heading 9801.00.20 of the Harmonized Tariff Schedule of the United States is amended to read as follows: ``Articles, previously imported, with respect to which the duty was paid upon such previous importation or which were imported previously free of duty, if (1) reimported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad, after having been exported under lease or similar use agreements, bailment agreements, or for warehousing, repackaging, or both, and (2) reimported by or for the account of the person who imported it into, and exported it from, the United States.''. (2) Commingling of fungible goods.--The U.S. notes to subchapter I of chapter 98 of the Harmonized Tariff Schedule of the United States are amended by adding at the end the following new note: ``3.(a) For purposes of heading 9801.00.20-- ``(i) fungible goods exported from the United States may be commingled, and ``(ii) the origin, value, and classification of such goods may be accounted for using an inventory management method. ``(b) If a person chooses to use an inventory management method under paragraph (a) with respect to fungible goods, the person shall use the same inventory management method for any goods with respect to which the person claims fungibility. ``(c) For purposes of this note-- ``(i) the term `fungible good' means any good that is commercially interchangeable with another good and that has properties that are essentially identical to the properties of another good; and ``(ii) the term `inventory management method' means any method for managing inventory that is based on generally accepted accounting principles.''. (d) Use of Manufacturer's Identification Code for Textile and Apparel Products.--The U.S. notes to chapter 98 of the Harmonized Tariff Schedule of the United States are amended by adding at the end the following new note: ``4. For textile and apparel products classified in subchapter I or II of this chapter, the manufacturer's identification code (MID) of the facility that repairs, alters, assembles, processes, stores, or otherwise handles the products may be used on any customs entry documentation or electronic data transmission that requires identification of the manufacturer.''. SEC. 2. EFFECTIVE DATE. (a) In General.--Subject to subsection (b), the amendments made by this Act shall apply to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. (b) Retroactive Application.-- (1) In general.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, and subject to paragraph (2), the entry of any good-- (A) that was liquidated or made on or after January 9, 2008, and before the 15th day after the date of the enactment of this Act, and (B) with respect to which there would have been no duty if the amendment made by section 1(c)(1) applied to such entry, shall be liquidated or reliquidated as if such amendment applied to such entry. (2) Requests.--A liquidation or reliquidation may be made under paragraph (1) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection before the later of the 180th day after the date of the enactment of this Act or the 180th day after the date of liquidation of the entry, that contains sufficient information to enable U.S. Customs and Border Protection-- (A) to locate the entry; or (B) to reconstruct the entry if it cannot be located. (3) Payment of amounts owed.--Any amount owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under paragraph (1) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be). (4) Definition.--In this subsection, the term ``entry'' includes a withdrawal from warehouse for consumption.

Amends the Harmonized Tariff Schedule of the United States to prescribe requirements for the duty treatment of certain textile and apparel goods exported for processing abroad and subsequently reimported into the United States. Revises requirements granting duty-free treatment of previously imported articles, for which a duty was paid or where no duty was paid, if: reimported, without having been advanced in value or improved in condition while abroad, after having been exported under bailment agreements or for warehousing, repackaging, or both; and (as under current law) reimported by or for the account of the person who imported it into, and exported it from, the United States. Declares that, with respect to the duty imposed on the value of repairs or alterations made abroad to articles and subsequently imported into the United States: the article shall be considered to be the same article that was exported without regard to whether it contains one or more components recovered from an identical or similar article that was also exported from the United States, and the cost or value of any such components shall not be included in the value of the article when it enters the United States. Permits, with respect to such articles, the commingling of fungible goods exported from the United States, as well as use of an inventory management method to account for the origin, value, and classification of such goods. Permits use of the manufacturer's identification (MID) code of the facility that repairs, alters, assembles, processes, stores, or otherwise handles the textile and apparel goods on any customs entry documentations or electronic data transmissions.

To amend the Harmonized Tariff Schedule of the United States with respect to goods exported for processing abroad and reimported, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``SCORE (Strengthening Community Opportunities through Rural Education) Act of 2009''. SEC. 2. ESTABLISHMENT. There is established in the Department of Education an advisory committee to be known as the ``National Advisory Committee on Rural Education'' (hereinafter in this Act referred to as the ``Advisory Committee''). SEC. 3. FUNCTIONS. The Advisory Committee shall study the unique challenges faced by rural public school systems in providing elementary and secondary education, including whether and how any of the following factors affect those unique challenges: (1) Difficulty in attracting and retaining new teachers. (2) Deficient or inadequate school facilities and infrastructure. (3) Deficient or inadequate transportation infrastructure. (4) Difficulty in effectively incorporating information technology. (5) Decreasing number of recent postsecondary graduates returning to rural communities. (6) Limited and varied levels of funding. SEC. 4. COMPOSITION. (a) In General.--The Advisory Committee shall be composed of 21 members who shall serve for the life of the Advisory Committee. (b) Chair.--The Secretary of Education (hereinafter in this Act referred to as the ``Secretary'') or the designee of the Secretary shall be a member of the Advisory Committee and shall serve as the chair of the Advisory Committee. (c) Secretary of Agriculture.--The Secretary of Agriculture or the designee of the Secretary of Agriculture shall be a member of the Advisory Committee. (d) Appointed Members.-- (1) The chair shall appoint the other 19 members in a manner that ensures that the membership of the Advisory Committee is fairly balanced in terms of the points of view represented and the functions to be performed by the Advisory Committee. (2) Such members shall be selected from among experts on rural public school systems. For the purposes of this paragraph, the term ``experts on rural public school systems'' means any of the following: (A) Teachers from such school systems. (B) Administrators from such school systems. (C) Members of school boards for such school systems. (D) Other individuals with experience or qualifications that the Secretary determines relevant. (3) Not less than 1 member shall be an individual with expertise on incorporating and expanding the role of information technology in providing education in rural public school systems. (4) Not less than 1 member shall be an individual who is not a full-time or permanent part-time officer or employee of the Federal Government. (5) The chair shall fill a vacancy on the Advisory Committee in the same manner in which the original appointment was made. SEC. 5. BYLAWS AND PROCEDURES. (a) Meetings.--The Advisory Committee shall meet at the call of a majority of the members of the Advisory Committee. (b) Quorum.--Eleven members of the Advisory Committee shall constitute a quorum but a lesser number may hold hearings. (c) Members Not To Be Considered Federal Officers or Employees.--By reason of their service on the Advisory Committee, members of the Committee shall not be considered to be officers or employees of the Federal Government for purposes of any Federal law. (d) Travel Expenses.--Each member may receive travel expenses, including per diem in lieu of subsistence, under subchapter I of chapter 57 of title 5, United States Code. SEC. 6. POWERS. (a) In General.--The Advisory Committee 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 Advisory Committee determines appropriate. (b) Members and Agents.--Any member or agent of the Advisory Committee may, if authorized by the Advisory Committee, take any action that the Advisory Committee is authorized to take by this section. (c) Mails.--The Advisory Committee may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (d) Contracts.--To the extent or in the amounts provided in advance in appropriation Acts, the Advisory Committee may contract with and compensate government and private agencies or persons for supplies or services, without regard to section 3709 of the Revised Statutes. The Advisory Committee may not enter into a contract if the terms of the contract extend beyond the date the Advisory Committee terminates. SEC. 7. STAFF. On request of the Advisory Committee, the Secretary of Education shall detail, on a reimbursable basis, not more than 4 personnel of the Department of Education to the Advisory Committee to assist the Advisory Committee in carrying out this Act. SEC. 8. REPORT. Two times each year, the Advisory Committee shall submit to the Congress and the President and publish a report that-- (1) identifies the unique challenges faced by rural public school systems in providing elementary and secondary education; and (2) makes policy recommendations on a national effort to reform rural education by addressing or overcoming those challenges. SEC. 9. TERMINATION. The Advisory Committee shall terminate on the date that is 2 years after the effective date of this Act. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary, to remain available for the life of the Advisory Committee, such sums as may be necessary to carry out this Act.

SCORE (Strengthening Community Opportunities through Rural Education) Act of 2009 - Establishes, in the Department of Education, the National Advisory Committee on Rural Education to study, and make policy recommendations for overcoming, the unique challenges faced by rural public elementary and secondary school systems, including: (1) difficulties in recruiting and retaining teachers; (2) deficient or inadequate school or transportation facilities; (3) difficulties in effectively incorporating information technology; (4) dwindling numbers of recent postsecondary graduates returning to rural communities; and (5) limited and varied levels of funding. Requires the Secretary of Education or the Secretary's designee to appoint Advisory Committee members from among experts on rural public school systems.

To establish the National Advisory Committee on Rural Education in the Department of Education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``USEC Privatization Amendments Act of 2009''. SEC. 2. AUTHORIZATION AND DETERMINATION OF BENEFITS FOR AFFECTED PARTICIPANTS. (a) Authorization for Payment to Affected Participants.--To the extent provided in advance in appropriations Acts, the Secretary of Energy (referred to in this Act as the ``Secretary'')-- (1) shall establish a program under which the Secretary shall pay any affected participant described in subsection (b) a one-time lump sum payment in an amount to be determined by the Secretary under subsection (c); and (2) may contract for the procurement of information necessary to enable the Secretary to effectively carry out the provisions of this Act. (b) Affected Participant.--For the purposes of this Act, an affected participant is a person described under section 3110(a)(6)(B) of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(6)(B)). (c) Determination of Payment for Affected Participants.-- (1) In general.--The Secretary shall pay an affected participant, pursuant to an application timely filed by such participant, a one-time lump sum payment equal to an amount which bears the same ratio to the total recoverable amount described in paragraph (2) as the actuarial present value of the accrued benefits of the affected participant under the pension plan from which a transfer of plan assets and liabilities required under section 3110(a)(2) of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(2)) was made (as of immediately before the transfer) bears to the actuarial present value of the accrued benefits of all affected participants under the pension plan from which the transfer under such section was made (as of immediately before the transfer). (2) Total recoverable amount.--For purposes of this subsection, the total recoverable amount is an amount equal to the excess of-- (A) the present value of benefits that would have been accrued or accruable by all affected participants under the pension plan from which the transfer under section 3110(a)(2) of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(2)) was made if such transfer had not occurred and if benefit increases had occurred, in connection with the transferred liabilities, under such plan equivalent to benefit increases that have occurred under such plan in connection with the other liabilities under such plan, over (B) the present value of benefits accrued or accruable by all such affected participants under the pension plan to which the transfer under section 3110(a)(2) of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(2)) was made. (3) Considerations.--In determining a payment under this section, the Secretary shall consider, with respect to the pension plan from which the transfer under section 3110(a)(2) of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(2)) was made and the pension plan to which such transfer was made, benefits accrued as of the date of enactment of this Act and accruable through attainment of normal retirement age, assuming continued service under the plan until attainment of such age and the same rate of basic pay subject to increases reflective of reasonably anticipated increases in the cost of living. (4) Successor plans.--For the purposes of paragraphs (2) and (3), any reference to the pension plan from which the transfer under section 3110(a)(2) of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(2)) was made shall include a reference to any successor to such plan (other than the pension plan to which the transfer required by such section was made) if such successor plan received assets in excess of the actuarial present value of accrued benefits under such plan upon succession. (d) Pro Rata Reduction of Payment.--The Secretary shall provide for pro rata reductions in payment amounts determined by the Secretary under subsection (c) to affected participants described in subsection (b) to the extent necessary to adjust for amounts provided in appropriation Acts for purposes of the program under subsection (a). (e) Determination of Findings of Fact.--The Secretary may make findings of facts and decisions as to the rights of any affected participant applying for a payment under this Act. (f) Rulemaking.--Not later than 60 days after the date of enactment of this Act, the Secretary shall issue regulations to carry out this Act. Such regulations shall provide a requirement for applicants for payments under this Act to consent to the release of any information requested by the Secretary. (g) Public Notice.--To the extent practicable, the Secretary shall provide notice to individuals who may be eligible to receive a payment under this Act. (h) Application for Payment.--To be eligible for a payment under this Act, an affected participant shall prepare and submit to the Secretary an application-- (1) not later than 240 days after the date of enactment of this Act; (2) in such manner; and (3) containing such information as the Secretary requires. (i) Timely Payments.--To the extent practicable, the Secretary shall determine and make a payment to an affected participant not later than 180 days after such participant's submission of an application for payment under subsection (h). (j) Election To Treat Payment as Rollover Contribution to IRA.-- (1) In general.--Any affected participant who receives a payment under this Act may, at any time during the 1-year period beginning on the day after the date on which such payment was received, make one or more contributions in an aggregate amount not to exceed the amount of such payment to an individual retirement plan (as defined by section 7701(a)(37) of the Internal Revenue Code of 1986). (2) Treatment of contributions to iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made to an individual retirement plan pursuant to paragraph (1), then-- (A) except as provided in paragraph (3), such contribution shall not be included in gross income, and (B) to the extent of the amount of such contribution, such contribution shall be treated-- (i) as a distribution described in section 408(d)(3) of such Code, and (ii) as having been transferred to the individual retirement account in a direct trustee to trustee transfer within 60 days of the distribution. (3) Special rule for roth iras.--If a contribution is made under paragraph (1) to a Roth IRA, such contribution shall be includible in gross income and, unless the taxpayer elects not to have this clause apply, such contribution shall be so included ratably over the 2-taxable-year period beginning with the first taxable year in which such contribution is made. (k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such amounts as necessary to carry out this Act. (l) Hearing and Judicial Review.-- (1) Hearing.-- (A) In general.--Upon request by any affected participant applying for a payment under this Act, who makes a showing in writing that such participant's rights may have been prejudiced by any decision the Secretary has rendered, the Secretary shall give such participant reasonable notice and opportunity for a hearing with respect to such decision, and, if a hearing is held, shall, on the basis of evidence adduced at the hearing, affirm, modify, or reverse the Secretary's findings of fact and such decision. (B) Request for hearing.--Any request for a hearing under this subsection must be filed within 60 days after notice of a decision by the Secretary is received by the affected participant making such a request. (C) Secretary.--The Secretary is further authorized, on the Secretary's own motion, to hold such hearings and to conduct such investigations and other proceedings as the Secretary may deem necessary or proper for the administration of this Act. (2) Judicial review.-- (A) In general.--Any affected participant, after any final decision of the Secretary made after a hearing to which such participant was a party, irrespective of the amount in controversy, may obtain a review of such decision by a civil action commenced within 60 days after the mailing to such participant of notice of such decision or within such further time as the Secretary may allow. (B) Jurisdiction and venue.--An action under this Act shall be brought in the district court of the United States for the judicial district in which the affected participant plaintiff resides, or where such plaintiff has a principal place of business, or, if such plaintiff does not reside or have a principal place of business within any such judicial district, in the United States District Court for the District of Columbia. (C) Judicial determination.--The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Secretary, with or without remanding the cause for a rehearing. (D) Final judgment.--The judgment of the court shall be final, except that it shall be subject to review in the same manner as a judgment in other civil actions. (E) Change in secretary.--Any action instituted in accordance with this Act shall survive notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office. (m) Secretary's Responsibility; No Third Party Liability.-- (1) Secretary's responsibility.--The Secretary shall be responsible for all payments and costs under this Act, for reporting payments to affected participants and the Internal Revenue Service on Form number 1099R (or such other form as required by the Internal Revenue Service) for income tax purposes, and for answering questions relating to the implementation of this Act for affected participants and applicants for payment. In no event shall the current or former employer of an affected participant or applicant be responsible for providing communication, making payments, reporting payments, answering questions, or providing calculations. (2) No third party liability.--Nothing in this Act shall be deemed to impose any liability or cost, or authorize any claim against the operator of the Department of Energy's uranium enrichment facility in Paducah, Kentucky, or against any person or entity other than the Secretary.

USEC Privatization Amendments Act of 2009 - Directs the Secretary of Energy to establish a program for paying certain affected participants a one-time lump sum payment. Defines affected participants as persons who retired from active employment at one of the gaseous diffusion plants of the United States Enrichment Corporation (USEC), or are employed by USEC's operating contractor, on or before its privatization date as vested participants in a pension plan maintained either by USEC's operating contractor or by a contractor employed prior to July 1, 1993, by the Department of Energy to operate a gaseous diffusion plant. Prescribes a formula for the determination of such payments, based on the total recoverable amount of accrued pension benefits. Authorizes any affected participant who receives such a payment to make one or more rollover contributions up to the payment amount to a regular (non-Roth) individual retirement account (IRA), which shall be excluded from gross income for tax purposes under the Internal Revenue Code. Includes in gross income any such rollover into a Roth IRA.

A bill to amend the USEC Privatization Act to authorize the Secretary of Energy to pay affected participants under a pension plan referred to in the USEC Privatization Act for benefit increases not received.

SECTION 1. SHORT TITLE. This Act may be cited as ``Department of Energy University Nuclear Science and Engineering Act''. SEC. 2. FINDINGS The Congress finds the following: (1) U.S. university nuclear science and engineering programs are in a state of serious decline. The supply of bachelor degree nuclear science and engineering personnel in the United States is at a 35-year low. The number of four year degree nuclear engineering programs has declined 50 percent to approximately 25 programs nationwide. Over two-thirds of the faculty in these programs are 45 years or older. (2) Universities cannot afford to support their research and training reactors. Since 1980, the number of small training reactors in the United States have declined by over 50 percent to 28 reactors. Most of these reactors were built in the late 1950s and 1960s with 30- to 40-year operating licenses, and will require re-licensing in the next several years. (3) The neglect in human investment and training infrastructure is affecting 50 years of national R&D investment. The decline in a competent nuclear workforce, and the lack of adequately trained nuclear scientists and engineers, will affect the ability of the United States to solve future waste storage issues, maintain basic nuclear health physics programs, operate existing fission reactors in the United States, respond to future nuclear events worldwide, help stem the proliferation of nuclear weapons, and design and operate naval nuclear reactors. (4) Further neglect in the nation's investment in human resources for the nuclear sciences will lead to a downward spiral. As the number of nuclear science departments shrink, faculties age, and training reactors close, the appeal of nuclear science will be lost to future generations of students. (5) The Department of Energy's Office of Nuclear Science and Technology is well suited to help maintain tomorrow's human resource and training investment in the nuclear sciences. Through its support of research and development pursuant to the Department's statutory authorities, the Office of Nuclear Science and Technology is the principal Federal agent for civilian research in the nuclear sciences for the United States. The Office maintains the Nuclear Engineering and Education Research Program which funds basic nuclear science and engineering. The Office funds the Nuclear Energy and Research Initiative which funds applied collaborative research among universities, industry and national laboratories in the areas of proliferation resistant fuel cycles and future fission power systems. The Office funds Universities to refuel training reactors from highly enriched to low enriched proliferation tolerant fuels, performs instrumentation upgrades and maintains a program of student fellowships for nuclear science, engineering and health physics. SEC. 3. DEPARTMENT OF ENERGY PROGRAM. (a) Establishment.--The Secretary of Energy, through the Office of Nuclear Science and Technology, shall support a program to maintain the Nation's human resource investment and infrastructure in the nuclear sciences and engineering consistent with the Department's statutory authorities related to civilian nuclear research and development. (b) Duties of the Office of Nuclear Science and Technology.--In carrying out the program under this Act, the Director of the Office of Nuclear Science and Technology shall-- (1) develop a robust graduate and undergraduate fellowship program to attract new and talented students; (2) assist universities in recruiting and retaining new faculty in the nuclear sciences and engineering through a Junior Faculty Research Initiation Grant Program; (3) maintain a robust investment in the fundamental nuclear sciences and engineering through the Nuclear Engineering Education Research Program; (4) encourage collaborative nuclear research between industry, national laboratories and universities through the Nuclear Energy Research Initiative; and (5) support communication and outreach related to nuclear science and engineering. (c) Maintaining University Research and Training Reactors and Associated Infrastructure.--Within the funds authorized to be appropriated pursuant to this Act, the amounts specified under section 4(b) shall, subject to appropriations, be available for the following research and training reactor infrastructure maintenance and research: (1) Refueling of research reactors with low enriched fuels, upgrade of operational instrumentation, and sharing of reactors among universities. (2) In collaboration with the U.S. nuclear industry, assistance, where necessary, in re-licensing and upgrading training reactors as part of a student training program. (3) A reactor research and training award program that provides for reactor improvements as part of a focused effort that emphasizes research, training, and education. (d) University-DOE Laboratory Interactions.--The Secretary of Energy, through the Office of Nuclear Science and Technology, shall develop-- (1) a sabbatical fellowship program for university professors to spend extended periods of time at Department of Energy laboratories in the areas of nuclear science; and (2) a visiting scientist program in which laboratory staff can spend time in academic nuclear science and engineering departments. The Secretary shall also provide for fellowships for students to spend time at Department of Energy laboratories in the area of nuclear science. (e) Merit Review Required.--All grants, contracts, cooperative agreements, or other financial assistance awards under this Act shall be made only after independent merit review. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Total Authorization.--The following sums are authorized to be appropriated to the Secretary of Energy, to remain available until expended, for the purposes of carrying out this Act: (1) $44,200,000 for fiscal year 2002. (2) $56,450,000 for fiscal year 2003. (3) $63,100,000 for fiscal year 2004. (4) $61,100,000 for fiscal year 2005. (5) $71,700,000 for fiscal year 2006. (b) Graduate and Undergraduate Fellowships.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(b)(1): (1) $5,000,000 for fiscal year 2002. (2) $5,100,000 for fiscal year 2003. (3) $5,200,000 for fiscal year 2004. (4) $5,200,000 for fiscal year 2005. (5) $5,200,000 for fiscal year 2006. (c) Junior Faculty Research Initiation Grant Program.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(b)(2): (1) $10,000,000 for fiscal year 2002. (2) $11,000,000 for fiscal year 2003. (3) $11,500,000 for fiscal year 2004. (4) $11,500,000 for fiscal year 2005. (5) $11,500,000 for fiscal year 2006. (d) Nuclear Engineering and Education Research Program.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(b)(3): (1) $10,000,000 for fiscal year 2002. (2) $15,000,000 for fiscal year 2003. (3) $20,000,000 for fiscal year 2004. (4) $21,000,000 for fiscal year 2005. (5) $22,000,000 for fiscal year 2006. (e) Communication and Outreach Related to Nuclear Science and Engineering.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(b)(5): (1) $200,000 for fiscal year 2002. (2) $250,000 for fiscal year 2003. (3) $300,000 for fiscal year 2004. (4) $300,000 for fiscal year 2005. (5) $300,000 for fiscal year 2006. (f) Refueling of Research Reactors and Instrumentation Upgrades.-- Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(c)(1): (1) $6,000,000 for fiscal year 2002. (2) $6,500,000 for fiscal year 2003. (3) $7,000,000 for fiscal year 2004. (4) $7,000,000 for fiscal year 2005. (5) $7,000,000 for fiscal year 2006. (g) Re-Licensing Assistance.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(c)(2): (1) $2,000,000 for fiscal year 2002. (2) $2,500,000 for fiscal year 2003. (3) $3,000,000 for fiscal year 2004. (4) $3,000,000 for fiscal year 2005. (5) $4,500,000 for fiscal year 2006. (h) Reactor Research and Training Award Program.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(c)(3): (1) $10,000,000 for fiscal year 2002. (2) $15,000,000 for fiscal year 2003. (3) $15,000,000 for fiscal year 2004. (4) $17,000,000 for fiscal year 2005. (5) $20,000,000 for fiscal year 2006. (i) University--DOE Laboratory Interactions.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(d): (1) $1,000,000 for fiscal year 2002. (2) $1,100,000 for fiscal year 2003. (3) $1,100,000 for fiscal year 2004. (4) $1,100,000 for fiscal year 2005. (5) $1,200,000 for fiscal year 2006.

Sets forth the duties of such Office in implementing the program. Targets university research and training reactors and associated infrastructure as recipients of authorized appropriations. Directs the Secretary to: (1) promote interactions between university and Department of Energy (DOE) laboratories; and (2) provide student fellowships at DOE nuclear science laboratories. Authorizes appropriations through FY2005 that target: (1) graduate and undergraduate fellowships; (2) junior faculty research initiation grant programs; (3) nuclear engineering and education research programs; (4) refueling research reactors and instrumentation upgrades; (5) re-licensing assistance; (6) reactor research and training award program; and (7) university-DOE laboratory interactions.

Department of Energy University Nuclear Science and Engineering Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Individuals From Mass Aerial Surveillance Act of 2015''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Mobile aerial-view device, or mavd.--The terms ``mobile aerial-view device'' and ``MAVD'' mean any device that through flight or aerial lift obtains an aerial view of property, persons or their effects, including an unmanned aircraft (as defined in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)). (2) Law enforcement official or agency.--The term ``law enforcement official or agency'' means a person or entity authorized by law, or funded by the Government of the United States, to investigate or prosecute offenses against the United States. (3) Federal entity.--The term ``Federal entity'' means any person or entity acting under the authority of, or funded in whole or in part by, the Government, including a Federal law enforcement official or agency, but excluding State, tribal, or local government agencies or departments. (4) National borders.--The term ``national border'' means an area that shares not more than 5 miles of an external land boundary of the United States. (5) Non-federal entity.--The term ``non-Federal entity'' means any person or entity that is not a Federal entity. (6) Surveil.--The term ``surveil'' means to photograph, record, or observe using a sensing device, regardless of whether the photographs, observations, or recordings are stored, and excludes using a sensing device for the purposes of testing or training operations of MAVDs. (7) Sensing device.-- (A) Meaning.--The term ``sensing device'' means a device capable of remotely acquiring personal information from its surroundings using any frequency of the electromagnetic spectrum, or a sound detecting system, or a system that detects chemicals in the atmosphere. (B) Specific equipment not included.--The term ``sensing device'' does not include equipment for which the sole function is to provide information directly necessary for safe air navigation or operation of a MAVD. (8) Public lands.--The term ``public lands'' means lands owned by the Government of the United States. SEC. 3. PROHIBITED USE OF MAVDS. A Federal entity shall not use a MAVD to surveil property, persons or their effects, or gather evidence or other information pertaining to known or suspected criminal conduct, or conduct that is in violation of a law or regulation. SEC. 4. EXCEPTIONS. This Act shall not prohibit any of the following: (1) Patrol of borders and national waters.--The use of a MAVD by a Federal entity to surveil national borders or national waters of the United States to prevent or deter illegal entry of any person or illegal substance at the borders or in national waters of the United States. (2) Exigent circumstances.-- (A) Action necessary.--The use of a MAVD by a Federal entity when exigent circumstances exist. For the purposes of this paragraph, exigent circumstances exist when the Federal entity possesses reasonable suspicion that under particular circumstances, swift action is necessary-- (i) to prevent imminent danger of death or serious bodily harm to a specific individual; (ii) to counter an imminent risk of a terrorist attack by a specific individual or organization; (iii) to prevent imminent destruction of evidence; or (iv) to counter an imminent or actual escape of a criminal or terrorist suspect. (B) Records.--A Federal entity using a MAVD pursuant to subparagraph (A)(i) shall maintain a retrievable record of the facts giving rise to the reasonable suspicion that an exigent circumstance existed. (3) Public safety and research.--The use of a MAVD by a Federal entity-- (A) to discover, locate, observe, gather evidence in connection to, or prevent forest fires; (B) to monitor environmental, geologic, or weather- related catastrophe or damage from such an event; (C) to research or survey for wildlife management, habitat preservation, or geologic, atmospheric, or environmental damage or conditions; (D) to survey for the assessment and evaluation of environmental, geologic or weather-related damage, erosion, flood, or contamination; and (E) to survey public lands for illegal vegetation. (4) Consent.--The use of a MAVD by a Federal entity for the purpose of acquiring information about an individual, or about an individual's property or effects, if such individual has given written consent to the use of a MAVD for such purposes. (5) Warrant.--Law enforcement using a MAVD, pursuant to, and in accordance with, a Rule 41 warrant, to surveil specific property, persons, or their effects. SEC. 5. BAN ON IDENTIFYING INDIVIDUALS. (a) Confidential Information.--No Federal entity actor may make any intentional effort to identify an individual from, or associate an individual with, the information collected by operations authorized by paragraphs (1) through (3) of section 4, nor shall the collected information be disclosed to any entity except another Federal entity or State, tribal, or local government agency or department, or political subdivision thereof, that agrees to be bound by the restrictions in this Act. (b) Probable Cause.--The restrictions described in subsection (a) shall not apply if there is probable cause that the information collected is evidence of specific criminal activity and a warrant is obtained. SEC. 6. PROHIBITION ON USE OF EVIDENCE. No evidence obtained or collected in violation of this Act may be admissible as evidence against an individual in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof. SEC. 7. PROHIBITION ON SOLICITATION AND PURCHASE. (a) Existing Authority.--A Federal entity shall not solicit to or award contracts to any entity for such entity to surveil by MAVD for the Federal entity, unless the Federal entity has existing authority to surveil the particular property, persons or their effects, or interest. (b) Permission Granted.--A Federal entity shall not purchase any information obtained from MAVD surveillance by a non-Federal entity if such information contains personal information, except pursuant to the express consent of all persons whose personal information is to be sold. SEC. 8. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to preempt any State law regarding the use of MAVDs exclusively within the borders of that State.

Protecting Individuals From Mass Aerial Surveillance Act of 2015 This bill prohibits a federal entity from using unmanned aircraft or other mobile aerial-view devices (MAVDs) to: (1) surveil property, persons, or their effects; or (2) gather evidence pertaining to known or suspected criminal conduct, or conduct that violates a law or regulation. Exceptions allow MAVDs to be used by federal entities to: surveil national borders or national waters to prevent or deter illegal entry of persons or illegal substances; prevent imminent danger of death or serious bodily harm to a specific individual, counter an imminent risk of a terrorist attack by a specific individual or organization, prevent imminent destruction of evidence, or counter an imminent or actual escape of a criminal or terrorist suspect; monitor or research environmental, geologic, or weather-related damage and events, including forest fires, erosion, floods, wildlife, habitats, or illegal vegetation on public lands; or acquire information about an individual who consents to the use of an MAVD. Law enforcement officials or agencies may use an MAVD to surveil specific property, persons, or their effects pursuant to a search and seizure warrant. The bill: (1) prohibits a federal entity actor from making an intentional effort to identify an individual from, or associate an individual with, the information collected under certain exceptions to the prohibition on the use of MAVDs; and (2) bars disclosure of collected information except to another federal entity or state, tribal, or local government agency that agrees to be bound by the restrictions in this Act. Such identification and disclosure restrictions shall not apply if there is probable cause that the information collected is evidence of specific criminal activity and a warrant is obtained. Federal entities are prohibited from: (1) soliciting or awarding contracts to surveil by MAVD for a federal entity, unless the federal entity has existing authority for such surveillance; or (2) purchasing information obtained from MAVD surveillance by a nonfederal entity if such information contains personal information, except with the consent of the affected persons. This Act shall not be construed to preempt any state law regarding the use of MAVDs exclusively within the borders of that state.

Protecting Individuals From Mass Aerial Surveillance Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Shoshone Claims Distribution Act''. SEC. 2. DISTRIBUTION OF DOCKET 326-K FUNDS. The funds appropriated on December 19, 1979, in satisfaction of an award granted to the Western Shoshone Indians in Docket Number 326-K before the Indian Claims Commission, including all earned interest shall be distributed as follows: (1) The Secretary shall establish a Western Shoshone Judgment Roll consisting of all Western Shoshones who-- (A) have at least \1/4\ degree of Western Shoshone Blood; (B) are citizens of the United States; and (C) are living on the date of enactment of this Act. (2) Any individual determined or certified as eligible by the Secretary to receive a per capita payment from any other judgment fund awarded by the Indian Claims Commission, the United States Claims Court, or the United States Court of Federal Claims, that was appropriated on or before the date of enactment of this Act, shall not be eligible for enrollment under this Act. (3) The Secretary shall publish in the Federal Register rules and regulations governing the establishment of the Western Shoshone Judgment Roll and shall utilize any documents acceptable to the Secretary in establishing proof of eligibility. The Secretary's determination on all applications for enrollment under this paragraph shall be final. (4) Upon completing the Western Shoshone Judgment Roll under paragraph (1), the Secretary shall make a per capita distribution of 100 percent of the funds described in this section, in a sum as equal as possible, to each person listed on the Roll. (5)(A) With respect to the distribution of funds under this section, the per capita shares of living competent adults who have reached the age of 19 years on the date of the distribution provided for under paragraph (4), shall be paid directly to them. (B) The per capita shares of deceased individuals shall be distributed to their heirs and legatees in accordance with regulations prescribed by the Secretary. (C) The shares of legally incompetent individuals shall be administered pursuant to regulations and procedures established by the Secretary under section 3(b)(3) of Public Law 93-134 (25 U.S.C. 1403(b)(3)). (D) The shares of minors and individuals who are under the age of 19 years on the date of the distribution provided for under paragraph (4) shall be held by the Secretary in supervised individual Indian money accounts. The funds from such accounts shall be disbursed over a period of 4 years in payments equaling 25 percent of the principal, plus the interest earned on that portion of the per capita share. The first payment shall be disbursed to individuals who have reached the age of 18 years if such individuals are deemed legally competent. Subsequent payments shall be disbursed within 90 days of the individual's following 3 birthdays. (6) All funds distributed under this Act are subject to the provisions of section 7 of Public Law 93-134 (25 U.S.C. 1407). (7) All residual principal and interest funds remaining after the distribution under paragraph (4) is complete shall be added to the principal funds that are held and invested under section 3(1). (8) All per capita shares belonging to living competent adults certified as eligible to share in the judgment fund distribution under this section, and the interest earned on those shares, that remain unpaid for a period of 6-years shall be added to the principal funds that are held and invested under section 3(1), except that in the case of a minor, such 6- year period shall not begin to run until the minor reaches the age of majority. (9) Receipt of a share of the judgment funds under this section shall not be construed as a waiver of any existing treaty rights pursuant to the ``1863 Treaty of Ruby Valley'' inclusive of all articles I through VIII and shall not prevent any Western Shoshone Tribe or Band or individual Shoshone Indian from pursuing other rights guaranteed by law. SEC. 3. DISTRIBUTION OF DOCKETS 326-A-1 AND 326-A-3. The funds appropriated on March 23, 1992, and August 21, 1995, in satisfaction of the awards granted to the Western Shoshone Indians in Docket Numbers 326-A-1 and 326-A-2 before the United States Court of Claims, and the funds referred to under section 2, together with all earned interest, shall be distributed as follows: (1)(A) Not later than 120 days after the date of enactment of this Act, the Secretary shall establish in the Treasury of the United States a trust fund to be known as the ``Western Shoshone Educational Trust Fund'' for the benefit of the Western Shoshone members. There shall be credited to the Trust Fund the amount described in the matter preceding this paragraph. (B) The principal amount in the Trust Fund shall not be expended or disbursed. Other amounts in the Trust Fund shall be invested as provided for in section 1 of the Act of June 24, 1938 (25 U.S.C. 162a). (C) All accumulated and future interest and income from the Trust Fund shall be distributed as educational and other grants, and as other forms of assistance determined appropriate, to individual Western Shoshone members as required under this Act and to pay the reasonable and necessary expenses of the Administrative Committee established under paragraph (2) (as defined in the written rules and procedures of such Committee). Funds under this paragraph shall not be distributed on a per capita basis. (2)(A) An Administrative Committee to oversee the distribution of the education grants authorized under paragraph (1) shall be established as provided for in this paragraph. (B) The Administrative Committee shall consist of 1 representative from each of the following organizations: (i) The Western Shoshone Te-Moak Tribe. (ii) The Duckwater Shoshone Tribe. (iii) The Yomba Shoshone Tribe. (iv) The Ely Shoshone Tribe. (v) The Western Shoshone Business Council of the Duck Valley Reservation, Fallon Band of Western Shoshone. (vi) The at large community. (C) Each member of the Committee shall serve for a term of 4-years. If a vacancy remains unfilled in the membership of the Committee for a period in excess of 60 days, the Committee shall appoint a replacement from among qualified members of the organization for which the replacement is being made and such member shall serve until the organization to be represented designates a replacement. (D) The Secretary shall consult with the Committee on the management and investment of the funds subject to distribution under this section. (E) The Committee shall have the authority to disburse the accumulated interest fund under this Act in accordance with the terms of this Act. The Committee shall be responsible for ensuring that the funds provided through grants under paragraph (1) are utilized in a manner consistent with the terms of this Act. In accordance with paragraph (1)(C), the Committee may use a portion of the interest funds to pay all of the reasonable and necessary expenses of the Committee, including per diem rates for attendance at meetings that are the same as for those paid to Federal employees in the same geographic location. (F) The Committee shall develop written rules and procedures that include such matters as operating procedures, rules of conduct, scholarship fund eligibility criteria (such criteria to be consistent with this Act), application selection procedures, appeals procedures, fund disbursement procedures, and fund recoupment procedures. Such rules and procedures shall be subject to the approval of the Secretary. A portion of the interest funds, not to exceed $100,000, under this Act may be used by the Committee to pay the expenses associated with developing such rules and procedures. At the discretion of the Committee, and with the approval of the appropriate tribal governing body, jurisdiction to hear appeals of the Committee's decisions may be exercised by a tribal court, or a court of Indian offenses operated under section 11 of title 25, Code of Federal Regulations. (G) The Committee shall employ an independent certified public accountant to prepare an annual financial statement that includes the operating expenses of the Committee and the total amount of scholarship fund disbursements for the fiscal year for which the statement is being prepared under this section. The Committee shall compile a list of names of all individuals approved to receive scholarship funds during such fiscal year. The financial statement and the list shall be distributed to each organization referred to in this section and copies shall be made available to the Western Shoshone members upon request. SEC. 4. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Trust fund.--The term ``Trust Fund'' means the Western Shoshone Educational Trust Fund established under section 3(1). (3) Western shoshone members.--The term ``Western Shoshone members'' means an individual who appears on the Western Shoshone Judgment Roll established under section 2(1), or an individual who is the lineal descendant of an individual appearing on the roll, and who-- (A) satisfies all eligibility criteria established by the Administrative Committee under section 3; (B) fulfills all application requirements established by the Administrative Committee; and (C) agrees to utilize tile funds in a manner approved by the Administrative Committee for educational or vocational training purposes. SEC. 5. REGULATIONS. The Secretary shall prescribe the enrollment regulations necessary to carry out this Act.

Requires that such funds and specified funds appropriated in satisfaction of the awards granted to such Indians in Docket Numbers 326-A-1 and 326-A-3 before the U.S. Court of Claims be credited to and distributed from a Western Shoshone Educational Trust Fund to be established by the Secretary for educational and other grants and other forms of assistance to individual Western Shoshone members and to pay reasonable and necessary expenses of an Administrative Committee established by this Act to oversee the distribution of such education grants.

Western Shoshone Claims Distribution Act

of Disapproval.-- (1) In general.--Notwithstanding any other provision of this section, a certification described in subsection (a) shall not have any effect if, within 15 calendar days after the date on which Congress receives the certification, there is enacted into law a joint resolution disapproving the certification. (2) Contents of joint resolution.--For the purpose of this subsection, the term ``joint resolution'' means only a joint resolution-- (A) that is introduced not later than 3 calendar days after the date on which a certification described in subsection (a) is received by Congress; (B) which does not have a preamble; (C) the title of which is as follows: ``Joint resolution disapproving the certification of the President described in section 3(a) of the Syrian Refugee Verification and Safety Act''; and (D) the matter after the resolving clause of which is as follows: ``That Congress disapproves the certification of the President described in section 3(a) of the Syrian Refugee Verification and Safety Act.''. (3) Fast track consideration in house of representatives.-- (A) Reconvening.--Upon receipt of a certification described in subsection (a), the Speaker of the House of Representatives, if the House of Representatives would otherwise be adjourned, shall notify the Members of the House that, pursuant to this subsection, the House shall convene not later than the second calendar day after receipt of such certification. (B) Reporting and discharge.--Any committee of the House of Representatives to which a joint resolution described in paragraph (2) is referred shall report it to the House not later than 5 calendar days after the date of receipt of the certification described in subsection (a). If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. (C) Proceeding to consideration.--After each committee authorized to consider a joint resolution reports it to the House or has been discharged from its consideration, it shall be in order, not later than the sixth day after Congress receives the certification described in subsection (a), to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (D) Consideration.--The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except two hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. (4) Fast track consideration in senate.-- (A) Reconvening.--Upon receipt of a certification described in subsection (a), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this subsection, the Senate shall convene not later than the second calendar day after receipt of the certification. (B) Placement on calendar.--Upon introduction in the Senate, the joint resolution shall be placed immediately on the calendar. (C) Floor consideration.-- (i) In general.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time during the period beginning on the 4th day after the date on which Congress receives a certification described in subsection (a) and ending on the 6th day after the date on which Congress receives a certification described in subsection (a) (even though a previous motion to the same effect has been disagreed to) to move 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 to proceed is not debatable. The motion is not subject to a motion to postpone. 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 resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. (D) Debate.--Debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. 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. (E) Vote on passage.--The vote on passage shall occur immediately following the conclusion of the debate on a joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (F) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. (5) Rules relating to senate and house of representatives.-- (A) Coordination with action by other house.--If, before the passage by one House of a joint resolution of that House, that House receives from the other House a joint resolution, then the following procedures shall apply: (i) The joint resolution of the other House shall not be referred to a committee. (ii) With respect to a joint resolution of the House receiving the resolution-- (I) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (II) the vote on passage shall be on the joint resolution of the other House. (B) Treatment of joint resolution of other house.-- If one House fails to introduce or consider a joint resolution under this subsection, the joint resolution of the other House shall be entitled to expedited floor procedures under this subsection. (C) Treatment of companion measures.--If, following passage of the joint resolution in the Senate, the Senate then receives the companion measure from the House of Representatives, the companion measure shall not be debatable. (D) Veto debate and duration.--If the President vetoes the joint resolution, debate on a veto message in the Senate under this subsection shall be 1 hour equally divided between the majority and minority leaders or their designees. (6) Rules of house of representatives and senate.--This paragraph and paragraphs (3), (4), and (5) are enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) 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.

Syrian Refugee Verification and Safety Act This bill declares that: (1) no alien who is a refugee because of the conflict in Syria (covered alien) may be admitted to the United States as a refugee, (2) no funds may be expended to process refugee applications for covered aliens, and (3) no funds may be expended by the Department of State or the Department of Health and Human Services to resettle covered aliens in the United States. These restrictions shall remain in effect until 30 days after the President certifies to Congress regarding: protocols and interagency coordination to adjudicate such U.S. admissions and resettlement; evaluation and review of such protocols and coordination by the Inspector General of the Intelligence Community; State Department submission to Congress of an updated Congressional Presentation Document of the Bureau of Population, Refugees, and Migration for Fiscal Year 2016 that reflects security or other risks posed by covered aliens; and a State Department briefing to Congress on the increase in covered aliens seeking refugee admission and so admitted, including information on any terrorist conduct. This certification: (1) may not be submitted to Congress before 270 days, and (2) shall not have any effect if Congress enacts into law a joint resolution of disapproval within 15 days.

Syrian Refugee Verification and Safety Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tallgrass Prairie National Preserve Act of 1994''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Of the 400,000 square miles of tallgrass prairie that once covered the North American Continent, less than 1 percent remains, primarily in the Flint Hills of Kansas. (2) In 1991, the National Park Service conducted a special resource study of the Spring Hill Ranch, located in the Flint Hills of Kansas. (3) Such study concludes that the Spring Hill Ranch-- (A) is a nationally significant example of the once vast tallgrass ecosystem, and includes buildings listed on the National Register of Historic Places pursuant to section 101 of the National Historic Preservation Act (16 U.S.C. 470a) which represent outstanding examples of Second Empire and other 19th Century architectural styles; and (B) is suitable and feasible as a potential addition to the National Park System. (4) The National Park Trust, which owns the Spring Hill Ranch, has agreed to permit the National Park Service-- (A) to purchase a portion of the ranch, as specified in this Act; and (B) to manage the ranch in order to-- (i) conserve the scenery, natural and historic objects, and wildlife of the ranch; and (ii) provide for the enjoyment of the ranch in such manner, and by such means, as will leave such scenery, natural and historic objects, and wildlife unimpaired for the enjoyment of future generations. (b) Purposes.--The purposes of this Act are as follows: (1) To preserve, protect, and interpret for the public an example of a tallgrass prairie ecosystem on the Spring Hill Ranch, located in the Flint Hills of Kansas. (2) To preserve and interpret for the public the historic and cultural values represented on the Spring Hill Ranch. SEC. 3. DEFINITIONS. As used in this Act: (1) Advisory committee.--The term ``Advisory Committee'' means the Advisory Committee established under section 7. (2) Preserve.--The term ``Preserve'' means the Tallgrass Prairie National Preserve established under section 4. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Trust.--The term ``Trust'' means the National Park Trust, Inc. (which is a District of Columbia nonprofit corporation), or any successor-in-interest, subsidiary, affiliate, trustee, or legal representative of the National Park Trust, Inc. that possesses legal or equitable ownership or management rights with respect to land and improvements on land that constitutes any portion of the Preserve. SEC. 4. ESTABLISHMENT OF TALLGRASS PRAIRIE NATIONAL PRESERVE. (a) In General.--In order to provide for the preservation, restoration, and interpretation of the Spring Hill Ranch area of the Flint Hills of Kansas, for the benefit and enjoyment of present and future generations, there is hereby established the Tallgrass Prairie National Preserve. (b) Description.--The Preserve shall consist of the lands, waters, and interests therein, including approximately 10,894 acres, generally depicted on the map entitled ``Boundary Map, Flint Hills Prairie National Monument'' numbered NM-TGP 80,000 and dated June 1994, more particularly described in the deed filed at 8:22 a.m. of June 3, 1994, with the Office of the Register of Deeds in Chase County, Kansas, and recorded in Book L-106 at pages 328 through 339, inclusive. In the case of any difference between such map and legal description, such legal description shall govern. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service of the Department of the Interior. SEC. 5. ADMINISTRATION OF NATIONAL PRESERVE. (a) In General.--The Secretary shall administer the Preserve in accordance with this Act, the cooperative agreement described in subsection (f)(1), and the provisions of law generally applicable to units of the National Park System, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1, 2 through 4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.). (b) Application of Regulations.--The regulations issued by the Secretary concerning the National Park Service that provide for the proper use, management, and protection of persons, property, and natural and cultural resources shall apply within the boundaries of the Preserve. (c) Facilities.--For purposes of carrying out the duties of the Secretary under this Act relating to the Preserve, the Secretary may-- (1) directly or by contract, construct, reconstruct, rehabilitate, or develop essential buildings, structures, and related facilities including roads, trails, and other interpretive facilities on real property that is not owned by the Federal Government and is located within the Preserve; and (2) maintain and operate programs in connection with the Preserve with the consent of the landowners. (d) Liability.-- (1) Landowners.--Notwithstanding any other provision of law, no person who owns any land or interest in land within the Preserve shall be liable for injury to, or damages suffered by, any other person if-- (A) such injury or damages result from any act or omission of the Secretary or any officer, employee, or agent of the Secretary; or (B) such liability would arise solely by reason of the ownership by the defendant of such land or interest in land and such injury or damages are not proximately caused by the wanton or willful misconduct of the defendant. (2) Liability of united states and officers and employees of the united states.--(A) Nothing in this subsection or in any other provision of this Act may be construed to exempt the Federal Government, or any officer or employee of the Federal Government, from any liability for any act or omission for which the Federal Government, or such officer or employee, as the case may be, would otherwise be liable under any applicable provision of law. (B) Nothing in this subsection or in any other provision of this Act may be construed to impose on the Federal Government, or any officer or employee of the Federal Government, any liability for any act or omission of any other person or entity for any act or omission of such other person or entity for which the Federal Government, or such officer or employee, as the case may be, would otherwise not be liable under any applicable provision of law. (e) Fees.--Notwithstanding any other provision of law, the Preserve shall be considered a designated unit of the National Park System, including for the purposes of charging entrance and admission fees under section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a). (f) Agreements and Donations.-- (1) Agreements.--The Secretary is authorized to expend Federal funds for the cooperative management of private property within the Preserve for research, resource management, and visitor protection and use. The Secretary may enter into cooperative agreements with public or private agencies, organizations, and institutions to further the purposes of this Act (as specified in section 2(b)). (2) Donations.--Notwithstanding any other provision of law, the Secretary may solicit, accept, retain, and expend donations of funds, property (other than real property), or services from individuals, foundations, corporations, or public entities for the purposes of providing programs, services, facilities, or technical assistance that further the purposes of this Act. (g) General Management Plan.-- (1) In general.--Not later than the termination date of the third full fiscal year beginning after the date of establishment of the Preserve, the Secretary shall prepare and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a general management plan for the Preserve. (2) Consultation.--In preparing the general management plan, the Secretary, acting through the Director of the National Park Service, shall consult with-- (A)(i) appropriate officials of the Trust; and (ii) the Advisory Committee established under section 8; and (B) adjacent landowners, appropriate officials of nearby communities, and other interested parties. (3) Content of plan.--The general management plan shall provide for the following: (A) Maintaining and enhancing the tallgrass prairie ecosystem. (B) Public access and enjoyment of the property that is consistent with protection and management of the historical, cultural, and natural resources of the ranch, lands of adjoining landowners, and surrounding communities. (C) Interpretive and educational programs covering the natural history of the prairie, the cultural history of Native Americans, and the legacy of ranching in the Flint Hills region. (D) Provisions requiring the maintenance of adequate fences to contain domestic and wild animals within the boundaries of the Preserve and provisions requiring that disputes with adjacent landowners regarding the maintenance of such fences shall be resolved by the county commissioners for the county in which the disputed area of fence is located. (E) Provisions requiring the Secretary to comply with applicable State noxious weed, pesticide, and animal health laws. (F) Provisions requiring compliance with applicable Federal and State water laws and waste disposal laws (including regulations). (G) Provisions requiring the Secretary to honor each valid existing oil and gas lease for lands within the boundaries of the Preserve (as described in section 4(b)) that is in effect on the date of enactment of this Act. (H) Provisions requiring the Secretary to offer to enter into an agreement with each individual who, as of the date of enactment of this Act, holds rights for cattle grazing within the boundaries of the Preserve (as described in section 4(b)). SEC. 6. LIMITED AUTHORITY TO ACQUIRE. (a) In General.--The Secretary is authorized and directed to acquire, by donation or purchase with donated or appropriated funds, at fair market value-- (1) not more than 180 acres of real property within the boundaries of the Preserve (as described in section 4(b)) and the improvements thereon; and (2) rights-of-way on roads that are not owned by the State of Kansas within the boundaries of the Preserve. (b) Payments in Lieu of Taxes.--For the purposes of payments made pursuant to chapter 69 of title 31, United States Code, the real property described in subsection (a)(1) shall be deemed to have been acquired for the purposes specified in section 6904(a) of such title 31. (c) Prohibitions.--No property may be acquired under this section without the consent of the owner of the property. The United States may not acquire fee ownership of any lands within the Preserve other than lands described in this section. SEC. 7. ADVISORY COMMITTEE. (a) Establishment.--There is established an advisory committee to be known as the ``Tallgrass Prairie National Preserve Advisory Committee''. (b) Duties.--The Advisory Committee shall advise the Secretary and the Director of the National Park Service concerning the development, management, and interpretation of the Preserve. In carrying out such duties, the Advisory Committee shall provide timely advice to the Secretary and the Director during the preparation of the general management plan required by section 5(g). (c) Membership.--The Advisory Committee shall consist of the following 11 members, who shall be appointed by the Secretary as follows: (1) Three members shall be representatives of the Trust. (2) Three members shall be representatives of local landowners, cattle ranchers, or other agricultural interests. (3) Three members shall be representatives of conservation or historic preservation interests. (4) One member shall represent the State of Kansas or a political subdivision of the State. (5) One member shall represent institutions of higher education (as defined in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a))) in the State of Kansas. (d) Terms.-- (1) In general.--Each member of the Advisory Committee shall be appointed to serve for a term of 3 years, except that the initial members shall be appointed as follows: (A) Three members shall be appointed, one each from paragraphs (1), (2), and (3) of subsection (c), to serve for a term of 3 years. (B) Four members shall be appointed, one each from paragraphs (1), (2), (3), and (4) of subsection (c), to serve for a term of 4 years. (C) Four members shall be appointed, one each from paragraphs (1), (2), (3), and (5) of subsection (c), to serve for a term of 5 years. (2) Reappointment.--Each member may be reappointed to serve for a subsequent term. (3) Expiration.--Each member shall continue to serve after the expiration of the term of the member until a successor is appointed. (4) Vacancies.--A vacancy on the Advisory Committee shall be filled in the same manner as an original appointment is made. The member appointed to fill the vacancy shall serve until the expiration of the term in which the vacancy occurred. (e) Chairperson.--The Secretary shall appoint one of the members who is a representative from the Trust appointed under subsection (c)(1) to serve as Chairperson. (f) Meetings.--Meetings of the Advisory Committee shall be held at the call of the Chairperson or the majority of the Advisory Committee. Meetings shall be held at such locations and in such manner as to ensure adequate opportunity for public involvement. In compliance with the requirements of the Federal Advisory Committee Act (5 U.S.C. App.), the Advisory Committee shall choose an appropriate means of providing interested members of the public advance notice of scheduled meetings. (g) Quorum.--A majority of the members of the Advisory Committee shall constitute a quorum. (h) Compensation.--Each member of the Advisory Committee shall serve without compensation, except that while engaged in official business of the Advisory Committee, the member shall be entitled to travel expenses, including per diem in lieu of subsistence in the same manner as persons employed intermittently in Government service under section 5703 of title 5, United States Code. (i) Charter.--The rechartering provisions of section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) are hereby waived with respect to the Advisory Committee. SEC. 8. RESTRICTION ON AUTHORITY. Nothing in this Act shall give the Secretary authority to regulate lands outside the boundaries of the Preserve. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of the Interior such sums as may be necessary to carry out this Act. S 2412 IS----2

Tallgrass Prairie National Preserve Act of 1994 - Establishes the Tallgrass Prairie National Preserve to provide for the preservation, restoration, and interpretation of the Spring Hill Ranch area of the Flint Hills of Kansas. Considers the Preserve a designated unit of the National Park System, including for purposes of charging entrance and admission fees under specified provisions of the Land and Water Conservation Fund Act of 1965. Requires the Secretary of the Interior to prepare and submit to specified congressional committees a general management plan for the Preserve. Authorizes the acquisition of real property and improvements thereon, and rights-of-way on roads that are not owned by Kansas, within the boundaries of the Preserve. Sets forth provisions regarding payments to local governments in lieu of taxes for such real property. Prohibits: (1) such property from being acquired without the owner's consent; and (2) U.S. acquisition of fee ownership of any lands within the Preserve other than these lands. Establishes the Tallgrass Prairie National Preserve Advisory Committee to advise the Secretary and the Director of the National Park Service on the development, management, and interpretation of the Preserve. Authorizes appropriations.

Tallgrass Prairie National Preserve Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pups for Patriots Act of 2017''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the Department of Veterans Affairs about 11 to 20 of every 100 veterans (11 to 20 percent) who served in Operation Iraqi Freedom or in Operation Enduring Freedom are diagnosed with post-traumatic stress. (2) The invisible wounds of war, including post-traumatic stress, can cause debilitating symptoms in veterans leading to depression, social isolation, and suicide. (3) Studies and first-hand accounts demonstrate that service dogs provide support to veterans by mitigating their disability, allowing for professional and social reintegration. (4) Service dogs reduce stress and anxiety levels, ease depression, provide comfort, and restore confidence in affected veterans. (5) Currently, waiting lists for service dogs average between 18 and 24 months, with intensive compulsory training costing an average of $25,000 per service dog. (6) The estimated cost of owning a service dog once adopted is $1,200 to $1,600 per year for food, supplies, and general veterinary health care. SEC. 3. PILOT PROGRAM. (a) In General.--The Secretary of Veterans Affairs shall carry out a pilot program under which the Secretary shall-- (1) enter into contracts with qualified nonprofit organizations for the provision of service dogs to eligible veterans, including the procurement, training, and evaluation of each such service dog; (2) ensure that each dog provided as a service dog under the program meets the standards described in section 4(b); and (3) provide veterinary insurance for each service dog provided to an eligible veteran pursuant to such a contract. (b) Eligible Veterans.--In this section, an eligible veteran is a veteran who-- (1) served on active duty in the Armed Forces on or after September 11, 2001; (2) has been diagnosed with severe or extreme post- traumatic stress or with a severe traumatic brain injury by a Department of Veterans Affairs doctor or clinical social worker who has treated the veteran; (3) has received evidence-based treatment and remains symptomatic of severe or extreme post-traumatic stress or severe traumatic brain injury, as determined by the Secretary or a Department doctor or clinical social worker; and (4) commits to an evaluation by a Department doctor or clinical social worker at a minimum of two times per year. (c) Relationship to Other Benefits.--A service dog provided to a veteran pursuant to a contract under the pilot program shall be in addition to all other benefits and services for which the veteran is eligible under the laws administered by the Secretary of Veterans Affairs. (d) Qualified Nonprofit Organizations.--For purposes of the pilot program under this section, a qualified nonprofit organization is a nonprofit organization that the Secretary determines adheres to the national standards for the selection, training, and assessment of service dogs for veterans described in section 4(b). (e) Annual Reports to Congress.--Not later than one year after the date on which the pilot program commences, and annually thereafter until the termination of the pilot program, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the pilot program. Each such report shall include an evaluation of the pilot program based on-- (1) an update on the nonprofit organizations with which the Secretary has entered into a contract; (2) summaries from the Department doctors and clinical social workers who are evaluating the eligible veterans who receive service dogs under the pilot program; and (3) an analysis of each eligible veteran's ability to professionally and socially reintegrate, to reduce dependence on prescriptive medications, and on relevant metrics pertaining to the veteran's diagnosis of a mental health mobility disorder related to post-traumatic stress or a traumatic brain injury. (f) Limitation on Payment of Expenses.--The contract between the Secretary and a qualified nonprofit organization under this section shall not provide for a payment to the organization in an amount in excess of $25,000 for each service dog provided under the contract, including the procurement, training, and evaluation of the service dog. (g) Authorization of Appropriations.--There is authorized to be appropriated for each of fiscal years 2018 through 2023 $7,500,000 to carry out the pilot program. (h) Offset.--The amounts otherwise authorized to be appropriated for the Department of Veterans Affairs Office of Human Resources and Administration for each of fiscal years 2018 through 2023 shall be reduced by $7,500,000. (i) Termination.--The authority of the Secretary to enter into a contract under this section shall terminate on the date that is five years after the date of enactment of this Act. SEC. 4. NATIONAL STANDARDS FOR SELECTION, TRAINING, AND ASSESSMENT OF SERVICE DOGS. (a) Findings.--Congress makes the following findings: (1) At a convening facilitated by the National Association of Veteran-Serving Organizations, a scientific advisory committee was formed and developed national standards on the selection, training, and assessment of service dogs to enhance public safety, the humane treatment of service dogs, and reliable task performance for veterans. (2) The national standards are publically available and may be subject to revision following a sample study and an annual review by the scientific advisory committee. (b) Standards.--The national standards for selection, training, and assessment of service dogs described in this section are the following: (1) With respect to canine breed and size, service dogs should not be restricted by breed or size as the needs of individual veterans vary according to mobility and lifestyle. (2) With respect to canine selection and health-- (A) breeds and lines within the breed should be evaluated to ensure a long service life for a working animal; (B) service dog candidates should have a thorough examination performed by a veterinarian; (C) examinations should include radiography of the hips and elbows as a predictor of future joint and arthritic issues, and vision and hearing tests; (D) service dogs should receive regular wellness exams and vaccinations as recommended by a veterinarian, be on year-round internal and external parasite control; and be spayed or neutered; and (E) service dog candidates should have a stable, calm temperament. (3) With respect to canine training tasks, service dogs should be able to perform a minimum of two tasks that directly relate to the veteran's disability. (4) With respect to canine training methods and equipment-- (A) service dogs should perform tasks with alacrity and show a desire to work; (B) training equipment used must be appropriate for the breed and dog, fitted, and used correctly; and (C) electronic collars are not acceptable as a humane training tool. (5) With respect to handler training-- (A) handlers should be educated on the fundamentals of dog care and the humane treatment of animals, including health care, nutritious diet, regular exercise, and the absence of physical pain and stress; and (B) handlers must be educated on legal rights according to the Americans with Disabilities Act, Air Carrier Access Act, and Fair Housing Act, among others. (6) With respect to service dog assessments, service dogs and their respective veterans should be observed in action in a public settings that provide common distractions such as food, noise, crowds, and other animals. (7) With respect to the background and role of an assessor-- (A) an assessor should support and coach the veteran to successfully partner with the veteran's service dog; (B) an assessor should have a background in service dog training and evaluation and be experienced in working with persons with post-traumatic stress; and (C) an assessor should evaluate whether the service dog is temperamentally suitable for the work as a service dog. (c) Service Dog Credential.--The Secretary of Veterans Affairs shall issue to an eligible veteran who is provided a service dog under the pilot program under section 3 with a national service dog credential if the veteran provides to the Secretary each of the following: (1) A certificate that the veteran has successfully completed an assessment that meets the criteria under subsection (b)(6). (2) Proof of a diagnosis, as described in section 3(b)(2), from a Department doctor or clinical social worker. (3) A note from a Department doctor or clinical social worker that includes a recommendation that the veteran have a service dog. (4) A copy of the vaccination records of the veteran's service dog and a note from the veterinarian who has treated the service dog affirming that the dog is healthy enough to be a service dog. (5) A list of tasks prepared by whom that the service dog is able to perform that are directly related to the veteran's diagnosis as determined by the Department doctor or clinical social worker who made the veteran's diagnosis.

Pups for Patriots Act of 2017 This bill directs the Department of Veterans Affairs (VA) to carry out a pilot program under which it shall enter into contracts with qualified nonprofit organizations to provide service dogs to eligible veterans who: served on active duty in the Armed Forces on or after September 11, 2001, have been diagnosed with severe or extreme post-traumatic stress or with a severe traumatic brain injury by a VA doctor or clinical social worker, have received evidence-based treatment and remains symptomatic of severe or extreme post-traumatic stress or severe traumatic brain injury, and commit to an evaluation by a VA doctor or social worker at least twice a year. A qualified nonprofit organization is a nonprofit organization that adheres to prescribed national standards for the selection, training, and assessment of service dogs for veterans. Such program must also furnish veterinary insurance for each such service dog. The VA shall issue to a veteran to whom a service dog is provided a national service dog credential if the veteran furnishes certain documents to the VA.

Pups for Patriots Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Species Management Self- Determination Act''. SEC. 2. DEFINITION OF ESA. In this Act, the term ``ESA'' means the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 3. FINDINGS. Congress finds that-- (1) the ESA was passed in 1973 as a means of protecting and recovering species and has not been substantially revised in over 25 years; (2) the ESA has not achieved its stated goal of recovering threatened species or endangered species; (3) of the species listed in accordance with the ESA, less than 1 percent of the total number of species in the United States have been recovered and removed from the list, largely due to data errors or other factors; (4) there is-- (A) no comprehensive independent study of the costs or benefits of the ESA; (B) no full accounting of how much the Federal Government and State and local governments spend to implement, enforce, and comply with the ESA; and (C) no meaningful effort to account for the costs the ESA imposes on the private sector; (5) the ESA effectively penalizes landowners for owning endangered species habitat by forcing them to bear the cost of conservation; (6) the regulatory listing process under the ESA has become a tool for environmentalists to undermine, slow down, or halt construction of infrastructure projects, hampering economic growth and employment; and (7) litigation stemming from the ESA and some resulting settlements between the litigants and the Federal Government have made the ESA even more unworkable, to the detriment of species. SEC. 4. DETERMINATIONS OF ENDANGERED SPECIES AND THREATENED SPECIES. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting ``, with the consent of the Governor of each State in which the endangered species or threatened species is present,'' after ``The Secretary''; and (B) in paragraph (2)(A)(ii), by inserting ``, with the consent of the Governor of each State in which the endangered species or threatened species is present,'' after ``, who''; (2) in subsection (b)-- (A) by striking paragraph (3); (B) by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively; (C) in paragraph (6) (as so redesignated), strike ``paragraph (4), (5), or (6)'' and insert ``paragraph (3), (4), or (5)''; and (D) by adding at the end the following: ``(7) Definition of best scientific and commercial data.-- In this subsection, the term `best scientific and commercial data' includes any scientific evidence made available to the Secretary by any State agency.''; (3) by striking subsection (c) and inserting the following: ``(c) Lists.-- ``(1) Definition of joint resolution.--In this subsection, the term `joint resolution' means only a joint resolution the matter after the resolving clause of which is as follows: `That Congress approves the lists relating to endangered species and threatened species submitted by the Secretary of the Interior on ______.' (the blank space being appropriately filled in). ``(2) Lists submitted to congress.--The Secretary of the Interior shall submit to Congress-- ``(A) a list of all species determined by the Secretary of the Interior or the Secretary of Commerce to be endangered species; and ``(B) a list of all species determined by the Secretary of the Interior or the Secretary of Commerce to be threatened species. ``(3) Congressional approval.--The lists described in paragraph (2) shall not take effect until a joint resolution described in paragraph (1) is enacted. ``(4) Contents of lists.--Each list described in paragraph (2) shall-- ``(A) refer to the species included on the list by any scientific and common name; and ``(B) specify-- ``(i) with respect to the species over what portion of the range of the species that the species is endangered or threatened; and ``(ii) any critical habitat within the range. ``(5) Publication.--The Secretary of the Interior shall publish in the Federal Register each list approved in accordance with paragraph (3). ``(6) Automatic removal.-- ``(A) In general.--On the date that is 5 years after the date on which a joint resolution is enacted in accordance with this subsection, each species listed on a list approved by the joint resolution shall be removed from the list. ``(B) Petition for relisting.-- ``(i) In general.--The Secretary of the Interior, in consultation with the Governor of each State in which the endangered species or threatened species is present, may submit to Congress a list that includes any species that was removed under subparagraph (A). ``(ii) Congressional approval.--The list described in clause (i) shall not take effect until a joint resolution described in paragraph (1) is enacted.''; (4) in subsection (d)-- (A) in the first sentence, by striking ``Whenever any species'' and inserting ``Except as provided in subsection (j), whenever any species''; and (B) in the second sentence, by striking ``The Secretary may'' and inserting ``Except as provided in subsection (j), the Secretary may''; (5) in subsection (f)(1), by striking ``The Secretary shall'' and inserting ``Except as provided in subsection (j), the Secretary shall''; (6) in subsection (g)(1), by striking ``The Secretary shall'' and inserting ``Except as provided in subsection (j), the Secretary shall''; (7) in subsection (h)-- (A) in the matter preceding paragraph (1), by striking ``The Secretary shall'' and inserting ``Except as provided in subsection (j), the Secretary shall''; (B) by striking paragraphs (1) and (2); and (C) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively; (8) in subsection (i)-- (A) by striking ``or if the Secretary fails to adopt a regulation pursuant to an action petitioned by a State agency under subsection (b)(3),''; and (B) by striking ``or petition''; and (9) by adding at the end the following: ``(j) Intrastate Endangered Species or Threatened Species.-- ``(1) Definitions.--In this subsection: ``(A) Governor of a state.--The term `Governor of a State' means the Governor of a State in which an intrastate endangered species or intrastate threatened species is present. ``(B) Intrastate endangered species.--The term `intrastate endangered species' means an endangered species that the Governor of a State determines is present only within the State. ``(C) Intrastate threatened species.--The term `intrastate threatened species' means a threatened species that the Governor of a State determines is present only within the State. ``(2) Currently listed species.-- ``(A) In general.--The Governor of a State may regulate any intrastate endangered species or any intrastate threatened species listed under this section that is listed before the date of enactment of this subsection. ``(B) Authority of governor.--If the Governor of a State elects to regulate an intrastate endangered species or an intrastate threatened species under subparagraph (A), the Governor of the State shall, with respect to the management of the intrastate endangered species or intrastate threatened species on any land within the State, have the exclusive authority to, in accordance with the purposes and policy of this Act-- ``(i) promulgate or enforce any regulation or guidance; ``(ii) designate a critical habitat; ``(iii) issue a permit or license; ``(iv) develop or implement a recovery plan; and ``(v) establish any goal with respect to the recovery plan. ``(C) Applicable law.--The management described in subparagraph (B) shall be subject to the law of the State in which the land, including public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), is located. ``(3) Newly listed species.-- ``(A) In general.--The Governor of a State may, before the Secretary or any other person, regulate any intrastate endangered species or any intrastate threatened species listed under this section that is listed on or after the date of enactment of this subsection. ``(B) Applicability.--If the Governor of a State elects to regulate an intrastate endangered species or an intrastate threatened species under subparagraph (A), subparagraphs (B) and (C) of paragraph (2) shall apply. ``(C) Judicial review.--Any action by the Governor of a State under this subsection shall not be subject to judicial review in any court of the United States or in any State court.''. SEC. 5. COST ACCOUNTING. The Endangered Species Act of 1973 is amended by inserting after section 12 (16 U.S.C. 1541) the following: ``SEC. 12A. COST ACCOUNTING REPORT. ``(a) Definitions.--In this section: ``(1) Direct costs.--The term `direct costs' includes-- ``(A) Federal agency obligations related to the cost of any study; ``(B) capital, operation, maintenance, and replacement costs; and ``(C) staffing costs. ``(2) Indirect costs.--The term `indirect costs' includes foregone power generation costs and replacement power costs, including the net costs of any transmission of power. ``(b) Cost of Compliance.-- ``(1) In general.--Except with respect to intrastate endangered species or intrastate threatened species regulated by a Governor of a State under section 4(j), the Administrator of the Bonneville Power Administration, the Administrator of the Southeastern Power Administration, the Administrator of the Southwestern Power Administration, and the Administrator of the Western Area Power Administration shall each include in a monthly billing statement submitted to each customer of the respective Administration the share of the direct and indirect costs to the customer incurred by the Administration related to complying with this Act. ``(2) Assistance in identifying costs.--The Director of the Bureau of Reclamation shall assist the administrators described in paragraph (1) with identifying the costs described in that paragraph. ``(c) Report.--Not later than January 30 of each year, each of the administrators described in subsection (b)(1), in coordination with the Director of the Bureau of Reclamation, shall submit to the Committee on Environment of the Senate and the Committee on Natural Resources of the House of Representatives a report estimating the costs described in subsection (b)(1)-- ``(1) with respect to the Western Area Power Administration, on a project-by-project basis; and ``(2) with respect to the each of the Administrations described in subsection (b)(1) (except the Western Power Administration), on a systemwide basis. ``SEC. 12B. PROPERTY RIGHTS. ``(a) Determination of Proposed Use of Real Property.-- ``(1) In general.--Any owner or lessee of any real property may submit to the Secretary of the Interior an application that includes any proposed use of the real property. ``(2) Determination.-- ``(A) In general.--Not later than 90 days after the date on which the application described in paragraph (1) is submitted, the Secretary of the Interior shall submit to the owner or lessee in writing a determination as to whether the proposed use will violate any provision of this Act. ``(B) Failure to respond.--If the Secretary of the Interior fails to respond before the expiration of the 90-day period described in subparagraph (A), the proposed use shall be considered to not violate any provision of this Act. ``(3) Effect of determinations.-- ``(A) Affirmative defense.--It is an affirmative defense to any civil penalty assessed under section 11 or to any civil action, civil suit, or prosecution brought under that section that the owner or lessee of real property reasonably relied on a determination, including a determination that resulted under paragraph (2)(B), that a proposed use will not violate any provision of this Act. ``(B) Compensation for unfavorable determinations.--If the Secretary of the Interior determines that a proposed use will violate a provision of this Act, the owner or lessee of the real property may seek compensation in accordance with subsection (b). ``(b) Compensation for Agency Actions.-- ``(1) Definitions.--In this subsection: ``(A) Agency action.-- ``(i) In general.--The term `agency action' means any action taken by the Director of the United States Fish and Wildlife Service in accordance with this Act that diminishes the fair market value of any real property by not less than 50 percent with respect to the intended use of the real property. ``(ii) Exclusion.--The term `agency action' does not include any action taken with respect to intrastate endangered species or intrastate threatened species regulated by a Governor of a State under section 4(j). ``(B) Lessee.--The term `lessee' means a lessee of any real property affected by an agency action. ``(C) Owner.--The term `owner' means an owner of any real property affected by an agency action. ``(2) Compensation.--Except as provided in paragraph (3)(B), not later than 180 days after the date on which an agency action takes place, the Secretary shall pay an owner or lessee an amount equal to 150 percent of the fair market value of the real property determined in accordance with paragraph (3). ``(3) Determination of fair market value.-- ``(A) In general.--The fair market value described in paragraph (2) shall be determined by 2 licensed independent appraisers of whom-- ``(i) 1 shall be chosen by the Secretary; and ``(ii) 1 shall be chosen by the owner or lessee. ``(B) Failure to agree on fair market value.-- ``(i) In general.--If the appraisers chosen under subparagraph (A) fail to agree on the same fair market value, the Secretary and the owner shall jointly select an additional licensed independent appraiser to determine the fair market value. ``(ii) Extension of time to make determination.--The licensed independent appraiser described in clause (i) shall determine the fair market value not later than 270 days after the date on which the agency action takes place. ``(C) Costs.--The Secretary shall be responsible for all costs relating to the determination of fair market value made under this paragraph.''. SEC. 6. PENALTIES AND ENFORCEMENT. Section 11(g)(4) of the Endangered Species Act (16 U.S.C. 1540(g)(4)) is amended by striking ``attorney and''. SEC. 7. CONFORMING AMENDMENT. Section 6(d)(1) of the Endangered Species Act (16 U.S.C. 1535(d)(1)) is amended by striking ``the status of candidate species pursuant to subparagraph (C) of section 4(b)(3) and''.

Endangered Species Management Self-Determination Act - Amends the Endangered Species Act of 1973 (ESA) to require the consent of the governor of a state in which a species is present for: (1) a determination of endangered or threatened species status by regulation, and (2) listing of the species as endangered or threatened by the Secretary of the Interior upon a determination by the Secretary of Commerce. Eliminates a rulemaking procedure involving the petitioning by an interested person for adding a species to, or removing a species from, the lists of endangered and threatened species. Defines "best scientific and commercial data," for purposes of determinations, to include any scientific evidence made available by any state agency. Subjects determinations by the Secretaries of the Interior and of Commerce to list species as endangered or threatened to congressional approval by joint resolution. Requires removal of each species listed on an approved list five years after the joint resolution is enacted. Provides a procedure for re-submission by the Secretary of the Interior, in consultation with the governor of each state in which the endangered or threatened species is present, of a list including a species so removed and subjects that list to approval by joint resolution. Eliminates the requirement for guidelines concerning petitions. Establishes a process for exclusive state regulation of endangered or threatened species determined by a state governor to be present only within that state. Precludes judicial review of any such action. Subjects the following to the process of intrastate regulation: (1) issuance of species conservation regulations, (2) recovery plan implementation, (3) species recovery monitoring, and (4) establishment of agency guidelines. Requires the Administrators of the Bonneville, Southeastern, Southwestern, and Western Area Power Administrations, except with respect to intrastate species regulation, to include in customer monthly billing statements information on the share of costs to the customer incurred as a result of ESA compliance. Allows an owner or lessee of any real property to submit to the Secretary of the Interior an application that includes any proposed use of the real property for a determination of whether the use will violate ESA. Deems the use to be compliant if the Secretary fails to respond within 90 days. Allows the owner or lessee to seek compensation (150% of the property's fair market value) if the use is determined to violate ESA and an action of the U.S. Fish and Wildlife Service diminishes the fair market value of any real property by at least 50% with respect to the intended use. Eliminates the award of attorney fees in citizen suits under ESA.

Endangered Species Management Self-Determination Act

SECTION 1. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch the Independent Commission on Intelligence about Iraq (in this Act referred to as the ``Commission''). SEC. 2. DUTIES. The Commission shall carry out the following duties: (1) Examine and evaluate executive branch efforts to collect intelligence regarding the threats posed by Iraq, including Iraq's attempts to reconstitute its nuclear weapons program, develop and deploy chemical and biological weapons, and provide support for al Qaeda and other terrorist organizations. (2) Examine and evaluate executive branch efforts to assess the credibility and accuracy of intelligence regarding such threats, including the interpretation and conclusions developed by the intelligence community regarding such threats. (3) Examine and evaluate public representations and representations to Congress made by executive branch officials regarding such threats, including assessing the accuracy and completeness of such representations. (4) Examine and evaluate the effectiveness of collaborative arrangements between the United States and other countries and international organizations in collecting, assessing, and interpreting such threats. (5) Examine the extent to which Congress has imposed restrictions on the collection of intelligence that have limited the ability of the intelligence community to obtain complete and accurate intelligence regarding such threats, and evaluate whether the benefits of those restrictions outweigh the costs. (6) Review the findings, conclusions, and recommendations of other congressional, executive branch, or independent commission investigations, in a manner to build upon such related investigations and to avoid unnecessary duplication. (7) Report to Congress and the President on its findings and conclusions, as well as make recommendations to Congress and the President on measures that can be taken to enhance the accuracy of intelligence and the accuracy of representations of such intelligence. SEC. 3. COMPOSITION OF COMMISSION. (a) Members.--The Commission shall be composed of 10 members, of whom-- (1) 1 member shall be appointed by the President, who shall serve as chairman of the Commission; (2) 1 member shall be jointly appointed by the minority leader of the Senate and the minority leader of the House of Representatives, who shall serve as vice chairman of the Commission; (3) 2 members shall be appointed by the majority leader of the Senate; (4) 2 members shall be appointed by the Speaker of the House of Representatives; (5) 2 members shall be appointed by the minority leader of the Senate; and (6) 2 members shall be appointed by the minority leader of the House of Representatives. (b) Qualifications; Initial Meeting.-- (1) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (2) Other qualifications.--Individuals that shall be appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as governmental service, law enforcement, the armed services, law, public administration, intelligence gathering, commerce (including aviation matters), and foreign affairs. (3) Deadline for appointment.--All members of the Commission shall be appointed within 45 days following the enactment of this Act. (4) Meetings.--The Commission shall meet and begin the operations of the Commission as soon as practicable. After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. (c) Quorum; Vacancies.--Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (d) Conflicts of Interest.--Each member appointed to the Commission shall submit a financial disclosure report pursuant to the Ethics in Government Act of 1978, notwithstanding the minimum required rate of compensation or time period employed. SEC. 4. POWERS OF COMMISSION. (a) In General.-- (1) Hearings and evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this title-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) Subpoenas.-- (A) Issuance.-- (i) In general.--A subpoena may be issued under this subsection only-- (I) by the agreement of the chairman and the vice chairman; or (II) by the affirmative vote of 6 members of the Commission. (ii) Signature.--Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a majority of the Commission. (B) Enforcement.-- (i) In general.--In the case of contumacy or failure to obey a subpoena issued under this subsection, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this subsection, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (3) Scope.--In carrying out its duties under this Act, the Commission may examine the actions and representations of the current Administration as well as prior Administrations. (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties of this Act. (c) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive Orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 5. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under section 10. (c) Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 6. STAFF OF COMMISSION. (a) In General.-- (1) Appointment and compensation.--The chairman, in consultation with vice chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, 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 no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Personnel as federal employees.-- (A) In general.--The staff director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (b) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 7. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. (a) In General.--Subject to subsection (b), the appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. (b) Exception.-- No person shall be provided with access to classified information under this title without the appropriate required security clearance access. SEC. 9. REPORTS OF COMMISSION; TERMINATION. (a) Interim Reports.--The Commission may submit to Congress and the President interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final Report.--Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to Congress and the President a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Form of Report.--Each report prepared under this section shall be submitted in unclassified form, but may contain a classified annex. (d) Recommendation to Make Public Certain Classified Information.-- If the Commission determines that it is in the public interest that some or all of the information contained in a classified annex of a report under this section be made available to the public, the Commission shall make a recommendation to the congressional intelligence committees to make such information public, and the congressional intelligence committees shall consider the recommendation pursuant to the procedures under subsection (e). (e) Procedure for Declassifying Information.-- (1) The procedures referred to in subsection (d) are the procedures described in-- (A) with respect to the Permanent Select Committee on Intelligence of the House of Representatives, clause 11(g) of Rule X of the Rules of the House of Representatives, One Hundred Eighth Congress; and (B) with respect to the Select Committee on Intelligence of the Senate, section 8 of Senate Resolution 400, Ninety-Fourth Congress. (2) In this section, the term ``congressional intelligence committees'' means-- (A) the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Select Committee on Intelligence of the Senate. SEC. 10. TERMINATION. (a) In General.--The Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the final report is submitted under subsection (b). (b) Administrative Activities Before Termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 11. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated funds not to exceed $5,000,000 for purposes of the activities of the Commission under this Act. (b) Duration of Availability.--Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission.

Creates the Independent Commission on Intelligence about Iraq. Gives the Commission responsibility for: (1) evaluating executive branch intelligence collection, assessment, and representations concerning the threats posed by Iraq; (2) evaluating the effectiveness of collaborative arrangements between the United States and others in assessing such threats; (3) examining the extent to which Congress has imposed restrictions that have hampered the efforts of the intelligence community; (4) reviewing the work of other investigations; and (5) reporting its findings, conclusions, and recommendations to Congress and the President.

To establish the Independent Commission on Intelligence about Iraq.

SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korean Human Rights Reauthorization Act of 2017''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 2014, the United Nations Commission of Inquiry (COI) on Human Rights in the Democratic People's Republic of Korea (DPRK) found that the grave human rights violations still being perpetrated against the people of North Korea, due to policies established at the highest level of the state, amount to crimes against humanity. Crimes include forced starvation, sexual violence against women and children, restrictions on freedom of movement, arbitrary detention, torture, executions, and enforced disappearances, among other hardships. (2) The COI also noted that the Government of the People's Republic of China is aiding and abetting in crimes against humanity by forcibly repatriating North Korean refugees back to the DPRK. Upon repatriation, North Koreans are sent to prison camps, tortured, or even executed. The Government of the People's Republic of China's forcible repatriation of North Korean refugees violates its obligation to uphold the principle of non-refoulement, under the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)). (3) Estimates from the COI suggest that between 80,000 and 120,000 people are believed to be imprisoned in political prison camps in North Korea. Another 70,000 are believed to be held at other detention facilities. Prisoners in both situations are subject to harsh conditions, limited food, sexual abuse, and in most cases hard labor. (4) One of the findings of the COI report was the persecution of religious minorities, especially Christians. There is effectively no freedom of religion in North Korea, only worship of the Kim family. Christians are subjected to particularly acute persecution. It has been reported that Christians in North Korea have been tortured, forcibly detained, and even executed for possessing a Bible or professing Christianity. (5) North Korea profits from its human rights abuses. A 2014 report from the Asian Institute for Policy Studies suggests that there are nearly 50,000 North Korean workers forced to labor overseas, sometimes without compensation, and for as much as 20 hours at a time. Workers that received compensation were not to be paid more than $150 per month, which is between 10 to 20 percent of the value of the labor they performed. Based on this report, the regime may profit as much as $360,000,000 annually from just 50,000 laborers. (6) On July 6, 2016, the United States imposed sanctions on North Korean leader Kim Jong Un and other senior North Korean officials for human rights violations as required by the North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114- 122). This was the first time that the United States had designated North Korean officials for human rights abuses. (7) The North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114-122) requires the President to impose mandatory penalties under United States law on any person that ``knowingly engages in, is responsible for, or facilitates serious human rights abuses by the Government of North Korea''. (8) Although the United States Refugee Admissions Program remains the largest in the world by far, the United States has only resettled 212 refugees from North Korea since the date of the enactment of the North Korea Human Rights Act of 2004 (Public Law 108-333). SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States Government should continue to make it a priority to improve information access in North Korea by exploring the use of new and emerging technologies and expanding nongovernmental radio broadcasting to North Korea, including news and information; (2) the United Nations has a significant role to play in promoting and improving human rights in North Korea and should press for access for the Special Rapporteur on the situation of human rights in North Korea as well as the United Nations High Commissioner for Human Rights; (3) because North Koreans fleeing into China face a well- founded fear of persecution upon their forcible repatriation, the United States should urge China to-- (A) immediately halt the forcible repatriation of North Koreans; (B) allow the United Nations High Commissioner for Refugees unimpeded access to North Koreans inside China to determine whether such North Koreans require protection as refugees; (C) fulfill its obligations under the 1951 United Nations Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, and the Agreement on the Upgrading of the UNHCR Mission in the People's Republic of China to UNHCR Branch Office in the People's Republic of China (signed December 1, 1995); (D) address the concerns of the United Nations Committee against Torture by incorporating the principle of non- refoulement into Chinese domestic legislation; and (E) recognize the legal status of North Korean women who marry or have children with Chinese citizens, and ensure that all such children are granted resident status and access to education and other public services in accordance with Chinese law and international standards; (4) the President should continue to designate all individuals found to have committed violations described in section 104(a) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 2914(a)), regarding complicity in censorship and human right abuses; (5) the United States currently blocks United States passports from being used to travel to North Korea without a special validation from the Department of State, and the Department of State should continue to take steps to increase public awareness about the risks and dangers of travel by United States citizens to North Korea; (6) the United States should continue to seek cooperation from all foreign governments to allow the United Nations High Commissioner for Refugees (UNHCR) access to process North Korean refugees overseas for resettlement and to allow United States officials access to process refugees for resettlement in the United States (if that is the destination country of the refugees' choosing); and (7) the Secretary of State, through diplomacy by senior officials, including United States ambassadors to Asia-Pacific countries, and in close cooperation with South Korea, should make every effort to promote the protection of North Korean refugees and defectors. SEC. 4. RADIO BROADCASTING TO NORTH KOREA. Section 103(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7813(a)) is amended-- (1) by striking ``that the United States should facilitate'' and inserting the following: ``that the United States should-- ``(1) facilitate''; (2) in paragraph (1), as redesignated by paragraph (1) of this section-- (A) by striking ``radio broadcasting'' and inserting ``broadcasting, including news rebroadcasting,''; and (B) by striking ``increase broadcasts'' and inserting ``increase such broadcasts, including news rebroadcasts,''; and (C) by striking ``Voice of America.'' and inserting the following: ``Voice of America; and''; and (3) by adding at the end the following: ``(2) expand funding for nongovernmental organization broadcasting efforts, prioritizing organizations that engage North Korean defectors in programming and broadcast services.''. SEC. 5. ACTIONS TO PROMOTE FREEDOM OF INFORMATION. Section 104(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814(a)) is amended-- (1) by striking ``The President'' and inserting the following: ``(1) In general.--The President''; (2) by inserting ``, USB drives, micro SD cards, audio players, video players, cell phones, wi-fi, wireless internet, web pages, internet, wireless telecommunications, and other electronic media that shares information'' before the period at the end; and (3) by adding at the end the following: ``(2) Distribution.--In accordance with the sense of Congress described in section 103, the President, acting through the Secretary of State, is authorized to distribute or provide grants to distribute information receiving devices, electronically readable devices, and other informational sources into North Korea, including devices and informational sources specified in paragraph (1). To carry out this paragraph, the President is authorized to issue regulations to facilitate the free-flow of information into North Korea. ``(3) Research and development grant program.--In accordance with the authorization described in paragraphs (1) and (2) to increase the availability and distribution of sources of information inside North Korea, the President, acting through the Secretary of State, is authorized to establish a grant program to make grants to eligible entities to develop or distribute (or both) new products or methods to allow North Koreans easier access to outside information. Such program may involve public-private partnerships. ``(4) Culture.--In accordance with the sense of Congress described in section 103, the Broadcasting Board of Governors may broadcast American, Korean, Chinese, and other popular music, television, movies, and popular cultural references as part of its programming. ``(5) Rights and laws.--In accordance with the sense of Congress described in section 103, the Broadcasting Board of Governors should broadcast to North Korea in the Korean language information on rights, laws, and freedoms afforded through the North Korean Constitution, the Universal Declaration of Human Rights, the United Nations Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea, and any other applicable treaties or international agreements to which North Korea is bound. ``(6) Religious minorities.--Efforts to improve information access under this subsection should include religious communities and should be coordinated with the Office of International Religious Freedom to ensure maximum impact in improving the rights of religious persons in North Korea. ``(7) Broadcasting report.--Not later than-- ``(A) 180 days after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Broadcasting Board of Governors, shall submit to the appropriate congressional committees a report that sets forth a detailed plan for improving broadcasting content for the purpose of targeting new audiences and increasing listenership; and ``(B) 1 year after the date of the enactment of this paragraph, and annually thereafter for each of the next 5 years, the Secretary of State, in consultation with the Broadcasting Board of Governors, shall submit to the appropriate congressional committees a report including-- ``(i) a description of the effectiveness of actions taken pursuant to this section, including data reflecting audience and listenership, device distribution and usage, and technological development and advancement usage; ``(ii) the amount of funds expended by the United States Government pursuant to section 403; and ``(iii) other appropriate information necessary to fully inform Congress of efforts related to this section.''. SEC. 6. SENSE OF CONGRESS ON HUMANITARIAN COORDINATION RELATED TO THE KOREAN PENINSULA. Title III of the North Korean Human Rights Act of 2004 (22 U.S.C. 7841 et seq.) is amended by adding at the end the following: ``SEC. 306. SENSE OF CONGRESS ON HUMANITARIAN COORDINATION RELATED TO THE KOREAN PENINSULA. ``It is the sense of Congress that-- ``(1) any instability on the Korean Peninsula could have significant humanitarian and strategic impact on the region and for United States national interests; and ``(2) as such, the United States Government should work with countries sharing a land or maritime border with North Korea to develop long-term whole-of-government plans to coordinate efforts related to humanitarian assistance and human rights promotion and to effectively assimilate North Korean defectors.''. SEC. 7. REAUTHORIZATION PROVISIONS. (a) Support for Human Rights and Democracy Programs.--Section 102 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7812(b)(1)) is amended-- (1) in subsection (a), by adding at the end the following: ``The President is also authorized to provide grants to entities to undertake research on North Korea's denial of human rights, including on the political and military chains of command responsible for authorizing and implementing systemic human rights abuses, including at prison camps and detention facilities where political prisoners are held.''; and (2) in subsection (b)(1), by striking ``2017'' and inserting ``2022''. (b) Actions To Promote Freedom of Information.--Section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) is amended-- (1) in subsection (b)(1)-- (A) by striking ``$2,000,000'' and inserting ``$3,000,000''; and (B) by striking ``2017'' and inserting ``2022''; and (2) in subsection (c), by striking ``2017'' and inserting ``2022''. (c) Report by Special Envoy on North Korean Human Rights Issues.-- Section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)) is amended by striking ``2017'' and inserting ``2022''. (d) Report on United States Humanitarian Assistance.--Section 201 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7831 is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by striking ``2017'' and inserting ``2022''; (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following new subsection: ``(b) Needs Assessment.--The report shall include a needs assessment to inform the distribution of humanitarian assistance inside North Korea.''. (e) Assistance Provided Outside of North Korea.--Section 203(c)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7833(c)(1)) is amended by striking ``2013 through 2017'' and inserting ``2018 through 2022''. (f) Annual Reports.--Section 305(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7845(a)) is amended, in the matter preceding paragraph (1) by striking ``2017'' and inserting ``2022''. SEC. 8. REPORT BY BROADCASTING BOARD OF GOVERNORS. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the Broadcasting Board of Governors shall submit to the appropriate congressional committees a report that-- (1) describes the status of current United States broadcasting to North Korea and the extent to which the Board has achieved the goal of 12-hour-per-day broadcasting to North Korea, in accordance with section 103(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7813(a)); and (2) includes a strategy to overcome obstacles to such communication with the North Korean people, including through unrestricted, unmonitored, and inexpensive electronic means. (b) Form.--The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex. (c) Appropriate Congressional Committees.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. SEC. 9. REPEAL OF DUPLICATIVE AUTHORIZATIONS. Section 403 of the North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114-122; 22 U.S.C. 9253) is hereby repealed. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

North Korean Human Rights Reauthorization Act of 2017 (Sec. 4) This bill provides for increased dissemination of news and information access to North Korea. The North Korean Human Rights Act of 2004 is amended to include news rebroadcasting in supported broadcasting to North Korea. (Sec. 5) The President may: (1) distribute or provide grants to distribute information receiving devices, electronically readable devices, and other informational sources into North Korea; and (2) provide grants to develop and distribute new products or methods to allow North Koreans easier access to outside information. The Broadcasting Board of Governors may broadcast American, Korean, Chinese, and other popular music, television, movies, and popular cultural references as part of its programming. The board shall broadcast to North Korea in the Korean language information on rights, laws, and freedoms afforded through the North Korean Constitution and through human rights treaties or other international agreements. The bill urges that information access efforts should include religious communities and be coordinated with the Office of International Religious Freedom. (Sec. 7) The President may provide grants for research on North Korea's denial of human rights. The bill extends through FY2022: (1) programs that promote human rights, democracy, the rule of law, and the development of a market economy in North Korea; (2) actions to promote freedom of information in North Korea; and (3) humanitarian assistance to North Koreans who are outside of North Korea without the permission of the government. The bill extends through 2022 annual reporting requirements regarding: (1) freedom of information, (2) North Korean human rights issues, (3) U.S. humanitarian assistance inside North Korea and to North Koreans outside of North Korea, and (4) the number of North Koreans seeking refugee status or political asylum in the United States.

North Korean Human Rights Reauthorization Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Acupuncture for Our Heroes Act''. SEC. 2. INCLUSION OF ACUPUNCTURIST SERVICES AT VETERANS HEALTH FACILITIES. (a) Acupuncturist Services.-- (1) In general.--Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1720I. Provision of acupuncturist services ``(a) In General.--The Secretary shall carry out a program to provide acupuncturist services to veterans enrolled in the health care system established under section 1705(a) of this title (without the requirement of a referral). ``(b) Locations.--The program under subsection (a) shall be carried out at in at least one facility of the Department in each Veterans Integrated Service Network. In selecting such facilities, the Secretary shall ensure that the program is carried out in both urban and rural areas. ``(c) Services Available.--The Secretary shall ensure that the acupuncturist services available under the program are able to address, at a minimum, the following: ``(1) Chronic and acute pain. ``(2) Cancer pain. ``(3) Postoperative nausea and vomiting. ``(4) Postsurgical gastroparesis syndrome. ``(5) Opioid-induced constipation. ``(6) Opioid-induced pruritus. ``(7) Chemotherapy-induced neuropathy. ``(8) Aromatase inhibitor-associated joint pain. ``(9) Neck dissection-related pain and dysfunction. ``(10) Stress management. ``(11) Mental health conditions. ``(12) Substance abuse. ``(13) Symptoms relating to traumatic brain injury and post-traumatic stress. ``(d) Administration.--(1) The Secretary shall carry out the program through-- ``(A) qualified acupuncturists appointed as employees of the Department located at medical centers and clinics of the Department; and ``(B) through contract qualified acupuncturists if-- ``(i) the Secretary is unable to make appointments described in subparagraph (A); ``(ii) a patient requires specialty care that an employee under such subparagraph is not able to provide to the patient; or ``(iii) there is an emergency that requires the use of such a contract acupuncturist. ``(2) The Secretary shall provide training and materials to health care providers of the Department who provide primary care to veterans to explain the benefits of acupuncturist services. ``(3) In this section, the term `qualified acupuncturist' means, with respect to the furnishing of services in a State, an individual who licensed or certified in the State in which the services are furnished, or, in the case of services furnished in a State that does not provide for such licensure or certification, meets such criteria (such as accreditation through an appropriate nationally recognized certification authority for acupuncturists) as the Secretary may specify. In specifying such requirements, the Secretary may use the same requirements as those established by such a certification authority. ``(e) Regulations.--The Secretary shall prescribe regulations to carry out this section.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1720H the following new section: ``1720I. Provision of acupuncturist services.''. (3) Conforming amendment.--Section 1701(6) of such title is amended by adding at the end the following new subparagraph: ``(H) Acupuncturist services in accordance with section 1720I of this title.''. (b) Advisory Committee.-- (1) In general.--Subchapter III of chapter 5 of such title is amended by adding at the end the following new section: ``Sec. 547. Advisory committee on acupuncturist services ``(a) Acupuncture Advisory Committee.--(1) The Secretary shall establish an advisory committee to be known as the `Advisory Committee on Acupuncturist Services' (in this section referred to as the `Committee') to provide the Secretary with assistance and advice in the development and implementation of the program established by section 1720I of this title. ``(2) The Committee shall consist of members appointed by the Secretary from the general public, including-- ``(A) not fewer than five practicing acupuncturists, of which at least four shall be State licensed acupuncturists; ``(B) one veteran from each of the Armed Forces; and ``(C) not fewer than two representatives from veterans service organizations. ``(b) Duties.--The Committee shall-- ``(1) review and evaluate the ability of a veteran to access an acupuncturist at facilities of the Department; ``(2) advise the Secretary with respect to-- ``(A) protocols governing direct access to acupuncture care; ``(B) protocols governing the scope of practice of acupuncture practitioners; ``(C) the definitions of services to be provided by acupuncturists; and ``(D) such other matters the Secretary determines appropriate; and ``(3) upon the determination of the Secretary that the program of acupuncturist services under section 1720I of this title has been fully implemented, submit to the Secretary a report containing the evaluation of the Committee of the implementation of such program. ``(c) Chairman.--The Secretary shall designate one member of the Committee to serve as the chairman of the Committee. ``(d) Meetings.--The Committee shall meet at the call of the Chairman, but not fewer than three times during each fiscal year, beginning in the fiscal year following the fiscal year in which this section is enacted. ``(e) Report.--Following the date on which the Committee submits to the Secretary the report under subsection (b)(4), the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report containing the following: ``(1) A copy of the Committee report, together with the comments of the Secretary on the report. ``(2) An explanation of the criteria and rationale that the Secretary used to determine that the program of acupuncturist services under section 1720I of this title was fully implemented, as described in such subsection (b)(4). ``(3) The views of the Secretary regarding the future implementation of such program.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 546 the following new item: ``547. Advisory committee on acupuncturist services.''. (c) Conforming Amendments.-- (1) Authority for appointments.--Section 7401(1) of title 38, United States Code, is amended by inserting ``acupuncturists,'' after ``chiropractors,''. (2) Period of appointments.--Section 7403 of such title is amended by adding at the end the following new subparagraph: ``(I) Acupuncturists.''. (3) Pay.--Section 7404 of such title is amended by adding at the end the following new subsection: ``(f) The position of acupuncturist specified in section 7401(1) of this title shall be the grade of GS-12 or higher under the General Schedule under section 5332 of title 5.''. (4) Malpractice and negligence suits.--Section 7316(a)(2) of such title is amended by inserting ``acupuncturist,'' after ``chiropractor,''. (5) Hours and conditions.--Section 7421(b) of such title is amended by adding at the end the following new paragraph: ``(9) Acupuncturists.''. (6) Effective date.--The amendments made by paragraph (4) apply with respect to services provided on or after the date that is 270 days after the date of enactment of this Act.

Acupuncture for Our Heroes Act This bill provides access to qualified acupuncturist services for veterans enrolled in the Department of Veterans Affairs (VA) health care system. The VA shall carry out such program at in at least one VA facility in each Veterans Integrated Service Network in both urban and rural areas. The VA shall establish the Advisory Committee on Acupuncturist Services, which shall: (1) review and evaluate the ability of a veteran to access an acupuncturist at VA facilities, and (2) advise the VA on governing protocols.

Acupuncture for Our Heroes Act