FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Asset Inventory Reform Act of 2005''. SEC. 2. CADASTRE OF FEDERAL LAND. (a) In General.--The Secretary shall develop a multipurpose cadastre of Federal real property to assist with Federal land management, resource conservation, and development of real property, including identification of any Federal land which is no longer required to be owned by the Federal Government. (b) Cost Sharing.--The Secretary may enter into cost sharing agreements with States to include any non-Federal lands in a State in the cadastre. The Federal share of any such cost agreement shall not exceed 50 percent of the total cost to a State for the development of the cadastre of non-Federal lands in the State. (c) Consolidation and Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on-- (1) the existing real property inventories or any components of any cadastre currently authorized by law or conducted by the Department of the Interior, the statutory authorization for such, and the amount expended by the Federal Government for each such activity in fiscal year 2004; (2) the existing real property inventories or any components of any cadastre currently authorized by law or conducted by the Department of the Interior that will be eliminated or consolidated into the multipurpose cadastre authorized by this Act; (3) the existing real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior that will not be eliminated or consolidated into the multipurpose cadastre authorized by this Act, together with a justification for not terminating or consolidating such in the multipurpose cadastre authorized by this Act; (4) the cost savings that will be achieved by eliminating or consolidating duplicative or unneeded real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior that will become part of the multipurpose cadastre authorized by this Act; and (5) recommendations for any legislation necessary to increase the cost savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior. (d) Coordination.-- (1) In general.--In carrying out this section, the Secretary shall-- (A) participate, pursuant to section 216 of Public Law 107-347, in the establishment of such standards and common protocols as are necessary to assure the interoperability of geospatial information pertaining to the cadastre for all users of such information; (B) coordinate with, seek assistance and cooperation of, and provide liaison to the Federal Geographic Data Committee pursuant to Office of Management and Budget Circular A-16 and Executive Order 12906; (C) make the cadastre interoperable with the Federal Real Property Profile established pursuant to Executive Order 13327; and (D) use contracts with the private sector, to the maximum extent practicable, to provide such products and services as are necessary to develop the cadastre. (2) Contracts considered surveying and mapping.--Contracts entered into under paragraph (1)(C) shall be considered ``surveying and mapping'' services as such term is used and as such contracts are awarded in accordance with the selection procedures in title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 1101 et seq.). SEC. 3. DEFINITIONS. As used in this section, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Cadastre.--The term ``cadastre'' means an inventory of real property of the Federal Government developed through collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or man-made physical features, phenomena, or boundaries of the earth and any information related thereto, including surveys, maps, charts, satellite and airborne remote sensing data, images, and services, with services performed by professionals such as surveyors, photogrammetrists, hydrographers, geodesists, cartographers, and other such services of an architectural or engineering nature including the following data layers: (A) A reference frame consisting of a geodetic network. (B) A series of current, accurate large scale maps. (C) A cadastral boundary overlay delineating all cadastral parcels. (D) A system for indexing and identifying each cadastral parcel. (E) A series of land data files, each including the parcel identifier, which can be used to retrieve information and cross reference between and among other data files, which contains information about the use, value, infrastructure, resources, and characteristics of each parcel. (3) Real property.--The term ``real property'' means real estate consisting of land, buildings, crops, forests, or other resources still attached to or within the land or improvements or fixtures permanently attached to the land or a structure on it, including any interest, benefit, right, or privilege in such property.

Federal Land Asset Inventory Reform Act of 2005 - Directs the Secretary of the Interior to develop a multipurpose cadastre of Federal real property (an inventory of real property of the Federal Government developed through the collection of geographical and digital data depicting natural or man-made physical features, phenomena, and boundaries of the earth and any related information) to assist with Federal land management, resource conservation, and development of real property, including any Federal land which is no longer required to be owned by the Government. Authorizes the Secretary to enter into cost-sharing agreements with States to include any non-Federal lands in a State in such cadastre. Limits the Federal share of any such agreement to 50 percent of the total cost to a State for the development of the cadastre of the non-Federal lands in the State. Requires the Secretary to submit a report on: (1) the existing real property inventories or any components of any cadastre currently authorized by law or conducted by the Department of the Interior; (2) the inventories and components that will be or will not be eliminated or consolidated into the multipurpose cadastre authorized by this Act; (3) the cost savings that will be achieved; and (4) recommendations for any legislation necessary to increase cost savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior.

To require the Secretary of the Interior to develop a multipurpose cadastre of Federal real property to assist with Federal land management, resource conservation, and development of Federal real property, including identification of any such property that is no longer required to be owned by the Federal Government, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Special Blue Ribbon Commission on Chesapeake Bay Nutrient Pollution Control Financing Act''. SEC. 2. PURPOSE. The purpose of this Act is to establish a commission to oversee development of a comprehensive plan to-- (1) remove the Chesapeake Bay from the Environmental Protection Agency listing of impaired waterways by the year 2010; (2) reduce the sediment and nutrient loadings to the Chesapeake Bay to meet the water quality goals of the Chesapeake 2000 Agreement; (3)(A) identify the availability of Federal, state, and local financial resources to achieve the reduction of sediment and nutrient loadings to the Chesapeake Bay; and (B) recommend the allocation of those financial resources; and (4) identify the private and public partnerships that may be established to provide resources to the effort to reduce sediment and nutrient loadings to the Chesapeake Bay. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--Not later than 60 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall establish a commission to be known as the ``Special Blue Ribbon Commission on Chesapeake Bay Nutrient Pollution Control Financing'' (referred to in this Act as the ``Commission''). (b) Membership.-- (1) Members.--The Commission shall be composed of 21 members, including-- (A) each of the signatories to the Chesapeake Bay Agreement; (B) each of the governors of the States of Delaware, New York, and West Virginia or their designees; and (C) not later than 60 days after the date of enactment of this Act, 12 members appointed by the Administrator of the Environmental Protection Agency, in consultation with the other members of the Executive Council of the Chesapeake Bay program, that-- (i) include at least 3 members representing local governments in Maryland, Pennsylvania, and Virginia; (ii) include, from the Chesapeake Bay watershed, at least-- (I) 1 member from an academic, technical, or scientific institution; (II) 1 member from the business community; (III) 1 member from the agricultural community; and (IV) 1 member from environmental organizations; and (iii) are balanced by area of expertise and balanced geographically, to the extent consistent with maintaining the highest level of expertise on the Commission. (2) Chairperson.--The members of the Commission shall elect a chairperson from among the members of the Commission. (c) Meetings.-- (1) In general.--The Commission shall meet at the call of the Chairperson. (2) Public meetings.--Any meetings of the Commission shall be open to the public. (3) Notice.--Notice of each meeting of the Commission shall be published in media outlets of the Chesapeake Bay watershed area in advance of the meeting. (4) Recordkeeping.--Minutes of any meetings of the Commission shall be kept by the Commission. (5) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (6) Required meetings.--The Commission shall hold not less than 1 meeting in each of-- (A) Virginia; (B) Maryland; and (C) Pennsylvania. SEC. 4. DUTIES. (a) In General.--The Commission shall oversee development of a comprehensive implementation plan to address-- (1) the funding needs for reducing, by not later than 2010, nutrient pollution loads in the Chesapeake Bay to a level sufficient to comply with the nutrient and sediment reduction goals of the Chesapeake 2000 Agreement; (2) the appropriate responsibilities of the Federal Government and State and local governments-- (A) in financing-- (i) sewage treatment plant upgrades; (ii) agricultural and other nonpoint source runoff controls; and (iii) urban stormwater management; and (B) in adopting, or facilitating the adoption of, an appropriate variety of financial incentives and regulatory measures to achieve that goal; and (3) opportunities for enhancing the role of the private sector in financial support for the restoration of the Chesapeake Bay, either directly or through public-private partnerships. (b) Report.-- (1) In general.--Not later than 1 year after the date on which the Commission is established, the Commission shall submit to the President and Congress a report that contains-- (A) a detailed statement of the findings and conclusions of the Commission, including recommendations of the Commission for administrative or legislative actions at the Federal, State, and local levels that are necessary and expedient to implement the comprehensive plan described in section 4(a) to restore the water quality of the Chesapeake Bay; and (B) a summary of the public comments received in accordance with the notice in paragraph (2). (2) Notice and public comment.--Before submitting the report in paragraph (1), the Commission shall publish in appropriate publications a notice that a draft report is available for public review and comment. SEC. 5. POWERS. (a) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this Act. (2) Provision of information.--On request of the Chairperson of the Commission, the head of the agency shall provide the information to the Commission. (b) Multidisciplinary Science and Technical Advisory Panel.-- (1) In general.--To assist the Commission in carrying out the duties of the Commission under section 4, the Commission may establish a multidisciplinary science and technical advisory panel composed of members appointed by the Commission that are experts in-- (A) the science and technology of-- (i) water quality improvement; or (ii) sediment and nutrient removal; and (B) public financing. (2) Use of best available data.--The science advisory panel shall ensure that the scientific information considered by the Commission is based on the best available scientific, technical, and public financing data. (c) Contracts.--The Commission may, subject to the availability of appropriations, enter into such contracts as are necessary to carry out the duties of the Commission. (d) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. SEC. 6. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after the date on which the Commission submits the final report of the Commission under section 4(b)(1).

Special Blue Ribbon Commission on Chesapeake Bay Nutrient Pollution Control Financing Act - Requires the Administrator of the Environmental Protection Agency to establish the Special Blue Ribbon Commission on Chesapeake Bay Nutrient Pollution Control Financing. Charges the commission with the duty to oversee development of a comprehensive implementation plan to address: (1) the funding needs for reducing, by not later than 2010, nutrient pollution loads in the Chesapeake Bay to a level sufficient to comply with the nutrient and sediment reduction goals of the Chesapeake 2000 Agreement; (2) the appropriate responsibilities of the Federal Government and State and local governments in financing sewage treatment plant upgrades, nonpoint source runoff controls, and urban stormwater management and in adoption of an appropriate variety of financial incentives and regulatory measures to achieve that reduction goal; and (3) opportunities for enhancing the role of the private sector in financial support for the restoration of the Chesapeake Bay.

A bill to establish the Special Blue Ribbon Commission on Chesapeake Bay Nutrient Pollution Control Financing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Blocks of STEM Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The National Science Foundation has made the largest financial investment in STEM education of all Federal agencies, and plays a very powerful role in helping to set research and policy agendas. (2) Studies have found that children who engage in scientific activities from an early age develop positive attitudes toward science and are more likely to pursue STEM expertise and careers later on. (3) However, the majority of current research focuses on increasing STEM opportunities for students in middle school and older. (4) Women remain widely underrepresented in the STEM workforce and this gender disparity extends down through all levels of education. Strategic funding of programs is needed in order to understand and address the root cause of this gap. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) Early childhood.--The term ``early childhood'' applies to children from birth through the age of 10. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), except that such term also includes preschools, after- school programs, and summer programs. (5) STEM.--The term ``STEM'' has the meaning given the term in section 2 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621 note). (6) Young girls.--The term ``young girls'' means female individuals who have not attained the age of 11. SEC. 4. SUPPORTING STEM RESEARCH ON EARLY CHILDHOOD. In awarding grants under the Discovery Research PreK-12 program, the Director shall consider age distribution in order to more equitably allocate funding for research studies with a focus on early childhood. SEC. 5. SUPPORTING GIRLS IN STEM EDUCATION AND COMPUTER SCIENCE. (a) Research Grants.-- (1) In general.--The Director shall award grants, on a competitive basis, to institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations), to accelerate research efforts to increase understanding of the factors that contribute to the participation of young girls in STEM activities. (2) Research areas.--Research areas funded by a grant under this subsection may include-- (A) the role of teacher training and professional development, including effective incentive structures to encourage teachers to participate in such training and professional development, in encouraging or discouraging young girls from participating in STEM activities; (B) the role of teachers in shaping young girls' perceptions of STEM and discouraging such girls from participating in STEM activities; (C) the role of other facets of the learning environment on the willingness of young girls to participate in STEM activities, including learning materials and textbooks, classroom decorations, seating arrangements, use of media and technology, classroom culture, and gender composition of students during group work; (D) the role of parents and other caregivers in encouraging or discouraging young girls from participating in STEM activities; (E) the types of STEM activities that elicit greater participation by young girls; (F) the role of mentorship and best practices in finding and utilizing mentors; (G) the role of informal and out-of-school STEM learning opportunities on girls' perception of and participation in STEM activities; and (H) any other activity the Director determines will accomplish the goals of this subsection. (3) Grant recipient report.--An entity awarded a grant under this subsection shall report to the Director, at such time and in such manner as the Director may require, on the activities carried out and materials developed using such grant funds. (b) Development and Testing of Scalable Models for Increased Engagement.-- (1) In general.--The Director shall award grants, on a competitive basis, to institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations), to develop and evaluate interventions in pre-K and elementary school classrooms that increase participation of young girls in computer science activities. (2) Partnerships.--In order to be eligible to receive a grant under this subsection, an institute of higher education, nonprofit organization, or consortium, shall enter into a partnership with one or more local educational agency or State in carrying out the activities funded by such grant. (3) Uses of funds.--Grants awarded under this subsection shall be used for activities that draw upon the expertise of the partner entities described in paragraph (2) to increase participation of young girls in computer science activities, including-- (A) offering training and professional development programs, including summer or academic year institutes or workshops, designed to strengthen the capabilities of pre-K and elementary school teachers and to familiarize such teachers with the role of gender bias in the classroom; (B) offering innovative preservice and in-service programs that instruct teachers on gender-inclusive practices for teaching computing concepts; (C) developing distance learning programs for teachers or students, including developing curricular materials, play-based computing activities, and other resources for the in-service professional development of teachers that are made available to teachers through the Internet; (D) developing a cadre of master teachers who will promote reform and the adoption of gender-inclusive practices in teaching computer science concepts in early childhood education; (E) developing tools to evaluate activities conducted under this subsection; (F) developing or adapting pre-K and elementary school computer science curricular materials that incorporate contemporary research on the science of learning, particularly with respect to gender inclusion; (G) developing and offering gender-inclusive computer science enrichment programs for students, including after-school and summer programs; (H) providing mentors for girls in person and through the Internet to support such girls in participating in computer science activities; (I) engaging parents of girls about the difficulties faced by girls to maintain an interest and desire to participate in computer science activities, and enlisting the help of parents in overcoming these difficulties; (J) acquainting girls with careers in computer science and encouraging girls to consider careers in such field; and (K) any other activities the Director determines will accomplish the goals of this subsection. (4) Grant recipient report.--An entity awarded a grant under this subsection shall report to the Director, at such time and in such manner as the Director may require, on the activities carried out, materials developed using such grant funds, and the outcomes for students served by such grant. (5) Evaluation required.--Not later than 4 years after the date of enactment of this Act, the Director shall evaluate the grant program under this subsection. At a minimum, such evaluation shall-- (A) use a common set of benchmarks and assessment tools to identify best practices and materials developed and demonstrated by the partnerships described in paragraph (2); and (B) to the extent practicable, compare the effectiveness of practices and materials developed and demonstrated by such partnerships with those of partnerships funded by other local or State government or Federal Government programs. (6) Dissemination of results.-- (A) Evaluation results.--The Director shall make publicly available free of charge on an Internet website and shall submit to Congress the results of the evaluation required under paragraph (5). (B) Materials.--The Director shall ensure that materials developed under a program funded by a grant under this subsection, that are demonstrated to be effective in achieving the goals of this subsection (as determined by the Director), are made publicly available free of charge on an Internet website, including through an arrangement with an outside entity. (7) Annual meeting.--The Director may convene an annual meeting of the partnerships participating in a program funded by a grant under this subsection, for the purpose of fostering greater national collaboration. (8) Technical assistance.--At the request of a partnership seeking a grant under this subsection, the Director shall provide the partnership with technical assistance in meeting any requirement of this subsection. SEC. 6. COMPUTER SCIENCE IN THE ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM. Section 10 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1) is amended-- (1) by striking ``and mathematics'' each place it appears and inserting ``mathematics, informatics, and computer science''; (2) in subsection (a)(3)(B), by striking ``or mathematics'' and inserting ``mathematics, informatics, and computer science''; (3) in subsections (b)(1)(D)(i), (c)(1)(A), (d)(1), and (i)(7), by striking ``or mathematics'' each place it appears and inserting ``mathematics, informatics, or computer science''; and (4) in subsection (i)(5), by striking ``or mathematics'' and inserting ``mathematics, or computer science''. Passed the House of Representatives February 13, 2018. Attest: KAREN L. HAAS, Clerk.

Building Blocks of STEM Act This bill instructs the National Science Foundation, when awarding grants under the Discovery Research PreK-12 program, to consider age distribution in order to more equitably allocate funding for research studies with a focus on early childhood.

Building Blocks of STEM Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stem Cell Research Investment Act of 2005''. SEC. 2. INCENTIVES FOR STEM CELL RESEARCH. (a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter Z--Stem Cell Research Bonds ``Sec. 1400N. Credit to holders of qualified stem cell research bonds. ``SEC. 1400N. CREDIT TO HOLDERS OF QUALIFIED STEM CELL RESEARCH BONDS. ``(a) Allowance of Credit.--In the case of a taxpayer who holds a qualified stem cell research bond on a credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to credit allowance dates during such year on which the taxpayer holds such bond. ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any credit allowance date for a qualified stem cell research bond is 25 percent of the annual credit determined with respect to such bond. ``(2) Annual credit.--The annual credit determined with respect to any qualified stem cell research bond is the product of-- ``(A) the applicable credit rate, multiplied by ``(B) the outstanding face amount of the bond. ``(3) Applicable credit rate.--For purposes of paragraph (1), the applicable credit rate with respect to an issue is the rate equal to an average market yield (as of the day before the date of issuance of the issue) on outstanding long-term corporate debt obligations (determined under regulations prescribed by the Secretary). ``(4) Special rule for issuance and redemption.--In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed. ``(c) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowed under part IV of subchapter A (other than subpart C thereof, relating to refundable credits). ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(d) Qualified Stem Cell Research Bond; Credit Allowance Date.-- For purposes of this section-- ``(1) Qualified stem cell research bond.--The term `qualified stem cell research bond' means any bond issued as part of an issue if-- ``(A) 95 percent or more of the proceeds of such issue are to be used for interdisciplinary scientific and medical research relating to stem cells, therapy development relating to stem cells, and development of pharmacologies and treatments through clinical trials relating to stem cells, ``(B) the bond is issued by a State or local government, ``(C) the issuer designates such bond for purposes of this section, and ``(D) the term of each bond which is part of such issue does not exceed 30 years. ``(2) Stem cell.-- ``(A) In general.--The term `stem cell' means a cell with the ability to divide for indefinite periods in culture and give rise to specialized cells. ``(B) Limitation.--Human embryonic stem cells shall be eligible for use in any research supported by a bond issued under this section if the cells meet each of the following: ``(i) The stem cells were derived from human embryos that were donated from in vitro fertilization clinics, were created solely for the purposes of fertility treatment, and were in excess of the clinical need of the individuals seeking such treatment. ``(ii) Prior to the consideration of embryo donation and through consultation with the individuals seeking fertility treatment, it was determined that the embryos would never be implanted in a woman and would otherwise be discarded. ``(iii) The individuals seeking fertility treatment donated the embryos with written informed consent that the embryos would be used for research purposes. ``(iv) Neither the individuals for whom the embryo was created nor any other person or entity which participated in the fertility treatment through which the embryo was created received, directly or indirectly, any monetary incentive or other compensation with respect to the donation of the embryo. ``(3) Report on researcher activities.--A bond shall not be treated as a qualified stem cell research bond unless the issue of which such bond is a part carries a requirement under which any person who receives proceeds from such issue for a purpose described in paragraph (1)(A) is obligated to submit to the issuer an annual report-- ``(A) describing the activities carried out (in whole or in part) with such proceeds during the preceding calendar year, and ``(B) including a description of whether and to what extent research for a purpose described in paragraph (1)(A) has been conducted in accordance with the requirements imposed by the issuer of such bond. ``(4) Credit allowance date.--The term `credit allowance date' means-- ``(A) March 15, ``(B) June 15, ``(C) September 15, and ``(D) December 15. Such term includes the last day on which the bond is outstanding. ``(5) Bond.--The term `bond' includes any obligation. ``(6) State.--The term `State' includes the District of Columbia and any possession of the United States. ``(e) Limitation on Amount of Bonds Designated.-- ``(1) In general.--The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated under paragraph (2) for such calendar year to such issuer. ``(2) Limitation on amount allocated to an issuer.--Not more than 20 percent of the national qualified stem cell research bond limitation for a calendar year may be allocated to an issuer for the calendar year. For the purposes of the preceding sentence, a local government within a State shall be treated as the State. ``(3) National limitation on amount of bonds designated.-- There is a national qualified stem cell research bond limitation for each calendar year. Such limitation is-- ``(A) $10,000,000,000 for each of the calendar years 2006, 2007, and 2008, and ``(B) except as provided in subsection (f), zero after 2008. ``(4) Carryover of unused limitation.--If for any calendar year-- ``(A) the aggregate amount allocated under paragraph (2), exceeds ``(B) the amount of bonds issued during such year which are designated under subsection (a) pursuant to such allocation, the limitation amount under paragraph (3) for the following calendar year shall be increased by the amount of such excess. ``(f) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (c)) and the amount so included shall be treated as interest income. ``(g) Recapture of Portion of Credit Where Cessation of Compliance.-- ``(1) In general.--If any bond which when issued purported to be a qualified stem cell research bond ceases to be a qualified stem cell research bond, the issuer shall pay to the United States (at the time required by the Secretary) an amount equal to the sum of-- ``(A) the aggregate of the credits allowable under this section with respect to such bond (determined without regard to subsection (c)) for taxable years ending during the calendar year in which such cessation occurs and the 2 preceding calendar years, and ``(B) interest at the underpayment rate under section 6621 on the amount determined under subparagraph (A) for each calendar year for the period beginning on the first day of such calendar year. ``(2) Failure to pay.--If the issuer fails to timely pay the amount required by paragraph (1) with respect to such bond, the tax imposed by this chapter on each holder of any such bond which is part of such issue shall be increased (for the taxable year of the holder in which such cessation occurs) by the aggregate decrease in the credits allowed under this section to such holder for taxable years beginning in such 3 calendar years which would have resulted solely from denying any credit under this section with respect to such issue for such taxable years. ``(3) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (2) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under paragraph (2) shall not be treated as a tax imposed by this chapter for purposes of determining-- ``(i) the amount of any credit allowable under this part, or ``(ii) the amount of the tax imposed by section 55. ``(h) Bonds Held by Regulated Investment Companies.--If any qualified stem cell research bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary. ``(i) Credits May Be Stripped.--Under regulations prescribed by the Secretary-- ``(1) In general.--There may be a separation (including at issuance) of the ownership of a qualified stem cell research bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond. ``(2) Certain rules to apply.--In the case of a separation described in paragraph (1), the rules of section 1286 shall apply to the qualified stem cell research bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon. ``(j) Treatment for Estimated Tax Purposes.--Solely for purposes of sections 6654 and 6655, the credit allowed by this section to a taxpayer by reason of holding a qualified stem cell research bond on a credit allowance date shall be treated as if it were a payment of estimated tax made by the taxpayer on such date. ``(k) Credit May Be Transferred.--Nothing in any law or rule of law shall be construed to limit the transferability of the credit allowed by this section through sale and repurchase agreements. ``(l) Reporting.-- ``(1) Initial report.--Issuers of qualified stem cell research bonds shall submit reports similar to the reports required under section 149(e). ``(2) Annual reports.--In addition to the report required by paragraph (1), issuers of qualified stem cell research bonds shall submit a report not later than March 31 of each year to the Secretary. Each such report shall include a description of-- ``(A) the activities carried out (in whole or in part) with the proceeds of such bonds during the preceding calendar year, and ``(B) whether and to what extent research for a purpose described in subsection (d)(1)(A) has been conducted in accordance with the requirements imposed by the issuer of such bond. ``(m) Termination.--This section shall not apply to any bond issued after September 30, 2008.''. (b) Reporting.--Subsection (d) of section 6049 of such Code (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(8) Reporting of credit on qualified stem cell research bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 1400N(f) and such amounts shall be treated as paid on the credit allowance date (as defined in section 1400N(d)(3)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i). ``(C) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.''. (c) Conforming Amendment.--The table of subchapters for chapter 1 of such Code is amended by adding at the end the following new item: ``subchapter z. stem cell research bonds''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2005.

Stem Cell Research Investment Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for investment in qualified stem cell research bonds. Defines "qualified stem cell research bond" as any bond issued by a State or local government, 95 percent of the proceeds of which are to be used for interdisciplinary scientific and medical research relating to stem cells, therapy development relating to stem cells, and development of pharmacologies and treatments through clinical trials relating to stem cells. Imposes certain limitations on the use of stem cells that are supported by a bond issuance under this Act. Sets a national limitation in 2006 through 2008 of $10 billion on the issuance of stem cell research bonds. Terminates the authority to issue such bonds after FY 2008.

To amend the Internal Revenue Code of 1986 to allow tax credits to holders of stem cell research bonds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Primary Care for Children Act of 2001''. SEC. 2. PATIENT ACCESS TO PEDIATRIC CARE THROUGH PEDIATRICIANS. (a) Amendment to Public Health Service Act.--Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. PATIENT ACCESS TO PEDIATRIC CARE THROUGH PEDIATRICIANS. ``(a) Patient Access to Pediatric Care.--In any case in which a group health plan (or a health insurance issuer offering health insurance coverage in connection with the plan) provides benefits consisting of primary pediatric care provided by a participating primary care physician who specializes in pediatrics (or consisting of payment for such care) and the plan requires or provides for designation by a participant or beneficiary of a participating primary care physician with respect to such care, the plan (or issuer) shall provide that such a participating physician who specializes in pediatrics may be designated, if available, by a parent or guardian of any beneficiary under the plan who is under 18 years of age, as the primary care physician with respect to any such benefits. ``(b) Construction.--Nothing in subsection (a) shall waive any requirements of coverage relating to medical necessity or appropriateness with respect to coverage of pediatric care.''. (b) ERISA Amendments.-- (1) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. PATIENT ACCESS TO PEDIATRIC CARE. ``(a) Patient Access to Pediatric Care.--In any case in which a group health plan (or a health insurance issuer offering health insurance coverage in connection with the plan) provides benefits consisting of primary pediatric care provided by a participating primary care physician who specializes in pediatrics (or consisting of payment for such care) and the plan requires or provides for designation by a participant or beneficiary of a participating primary care physician with respect to such care, the plan (or issuer) shall provide that such a participating physician who specializes in pediatrics may be designated, if available, by a parent or guardian of any beneficiary under the plan who is under 18 years of age, as the primary care physician with respect to any such benefits. ``(b) Construction.--Nothing in subsection (a) shall waive any requirements of coverage relating to medical necessity or appropriateness with respect to coverage of pediatric care.''. (2) Clerical amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Patient access to pediatric care.''. (c) Internal Revenue Code Amendments.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (1) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Patient access to pediatric care.''; and (2) by inserting after section 9812 the following: ``SEC. 9813. PATIENT ACCESS TO PEDIATRIC CARE. ``(a) Patient Access to Pediatric Care.--In any case in which a group health plan provides benefits consisting of primary pediatric care provided by a participating primary care physician who specializes in pediatrics (or consisting of payment for such care) and the plan requires or provides for designation by a participant or beneficiary of a participating primary care physician with respect to such care, the plan shall provide that such a participating physician who specializes in pediatrics may be designated, if available, by a parent or guardian of any beneficiary under the plan is who under 18 years of age, as the primary care physician with respect to any such benefits. ``(b) Construction.--Nothing in subsection (a) shall waive any requirements of coverage relating to medical necessity or appropriateness with respect to coverage of pediatric care.'' (d) Effective Date and Related Rules.-- (1) In general.--The amendments made by this section apply with respect to plan years beginning on or after January 1, 2003, except that the Secretaries of Health and Human Services, of Labor, and of the Treasury may issue regulations before such date under such amendments. Such Secretaries shall first issue all regulations necessary to carry out such amendments before the effective date thereof. (2) Limitation on enforcement actions.--No enforcement action shall be taken, pursuant to the amendments made by this section, against a group health plan or health insurance issuer with respect to a violation of a requirement imposed by such amendments before the date of issuance of regulations issued in connection with such requirement, if the plan or issuer has sought to comply in good faith with such requirement. (3) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, the amendments made by this section shall not apply with respect to plan years beginning before the later of-- (1) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act); or (2) January 1, 2003. For purposes of this paragraph, any plan amendments made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement.

Primary Care for Children Act of 2001 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to provide for patient access to primary pediatric care through pediatricians under group health plans and group health insurance coverage.

To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to assure patient access to primary pediatric care through pediatricians under group health plans and group health insurance coverage.

TITLE I--STEAMTOWN NATIONAL HISTORIC SITE SEC. 101. ESTABLISHMENT. (a) Establishment.--In order to preserve and interpret certain elements of railroading, especially steam-operated railroads during the period of 1850 to 1950, there is hereby established the Steamtown National Historic Site (hereinafter in this title referred to as the ``historic site''). The purposes of the historic site shall include interpretation of the evolution of railroads and their impact on the development of this nation, including technological, economic, social, and political effects and the relationship of railroads to industrialization. (b) Boundaries.--The historic site shall consist of the lands and interests in lands within the area generally depicted on the map entitled ``Boundary Map, Steamtown National Historic Site'', numbered STTO-80,000B, and dated June, 1994. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. No revisions may be made in the boundary of the historic site, except by Act of Congress. (c) Repeal.--Sections 1 through 5 of the Steamtown National Historic Site Act of 1986 (Public Law 99-591; 100 Stat. 3341-248-249) are hereby repealed. SEC. 102. ADMINISTRATION. The Secretary of the Interior (hereinafter in this title referred to as the ``Secretary'') shall administer the historic site in accordance with this title and with 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 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4). On or before September 30, 1995, the Secretary shall prepare and submit to the Committee on Natural Resources of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate a new comprehensive general management plan for the historic site. The plan shall be prepared with the assistance of nationally recognized experts in railroad management and history and shall be consistent with this title, with section 12 of the Act of August 18, 1970 (16 U.S.C. 1a-1 through 1a-7) and with other applicable provisions of law. The Secretary shall provide for public participation and comment in the development of the plan. SEC. 103. ACQUISITION OF LAND. (a) In General.--The Secretary may acquire lands or interests in land within the boundaries of the historic site only by donation or by purchase with donated funds. (b) Contaminated Lands.--The Secretary may not acquire any lands or interests in lands for purposes of the historic site unless such lands are not contaminated with a hazardous substance or a pollutant or contaminant which will require removal or remedial action at the expense of the United States. The Secretary shall take such steps as are necessary to obtain cost recovery under the Comprehensive Environmental Compensation, Response, and Liability Act of 1980 (Superfund) for any funds of the National Park Service expended, prior to the date of the enactment of this Act, on removal or remedial action with respect to any contamination of lands within the boundaries of historic site. Any such reimbursement shall be credited to miscellaneous receipts in the Treasury. SEC. 104. PARK SERVICE ACTIVITIES. (a) In General.--The Secretary shall take such actions as necessary and appropriate to administer the historic site, to maintain and preserve the facilities at the historic site, to interpret the resources of the site and their history to the public, and to provide essential services to the public at the historic site. (b) Railroad Equipment.--(1) The Secretary shall preserve the collection of railroad equipment, including locomotives and rolling stock, which is present at the historic site as of the date of enactment of this Act. The Secretary may also preserve such equipment and essential machinery as is necessary for the maintenance of the locomotives and rolling stock. The Secretary may not purchase any additional locomotive for operation at the historic site if such purchase would result in the operation by the United States at the historic site of more locomotives than the number of locomotives operating at the site as of June 22, 1994. (2) No Federal funds may be expended to provide access between the historic site and any structure that is privately owned and operated for profit. The Secretary may exchange or purchase appropriate examples of locomotives and rolling stock to enhance the site's collection if the total number of such equipment does not increase and if all such actions are consistent with the general management plan for the historic site. (3) The Secretary shall dispose of all locomotives and rolling stock that are not needed for exchange under paragraph (2), that do not meet the criteria of the National Register of Historic Places, and that are not necessary for the interpretive activities of the historic site. (4) The Secretary shall submit a report to the Congress no later than -F-e-b-r-u-a-r-y -3-1-, February 28, 1995 containing an inventory of all locomotive and rolling stock at the historic site, a statement of the range of historic significance of the components of the collection, a statement of how many of each are needed to meet the purposes of the historic site, the restoration and repair plans and estimates of the Secretary for facilities and equipment at the historic site, and a detailed deaccession plan. (5) The Secretary shall, to the extent practicable, seek donations and assistance from volunteers and other cost-sharing methods to restore the locomotives and rolling stock. (c) Artifacts and Archival Materials.--The Secretary shall preserve the artifact collection and archival materials located at the site. (d) Excursions.--To the extent that it furthers public understanding, and provided that appropriate interpretation is provided, the Secretary may provide a regular excursion from Scranton, Pennsylvania, to Moscow, Pennsylvania. For purposes of such excursions, the Secretary may provide essential visitor services at Moscow, Pennsylvania. The Secretary may not expend funds of the National Park Service for the restoration or maintenance of tracks, bridges or tunnels located outside the historic site, except that the Secretary may use funds appropriated prior to November 15, 1991 for restoration of tracks and bridges between the historic site and Moscow, Pennsylvania, pursuant to a cooperative agreement to be entered into between the Secretary and the owner of such tracks and bridges permitting the National Park Service to use such tracks and bridges for excursions authorized under this section. The Secretary may pay customary and appropriate track usage fees and may also provide additional special excursions if no such excursion is longer than 60 miles one way. -(-e-) -U-s-e-r -a-n-d -I-n-t-e-r-p-r-e-t-i-v-e -F-e-e-s-.----(-1-) -U-s-e-r -o-r -i-n-t-e-r-p-r-e-t-i-v-e -f-e-e-s -c-h-a-r-g-e-d -f-o-r -t-h-e -r-a-i-l -e-x-c-u-r-s-i-o-n -f-r-o-m -t-h-e -h-i-s-t-o-r-i-c -s-i-t-e -t-o -M-o-s-c-o-w-, -P-e-n-n-s-y-l-v-a-n-i-a-, -o-r -t-o -a-n-y -o-t-h-e-r -l-o-c-a-t-i-o-n -s-h-a-l-l -b-e -e-s-t-a-b-l-i-s-h-e-d -a-t -a -l-e-v-e-l -s-u-c-h -t-h-a-t -a -m-i-n-i-m-u-m -o-f -1-0-0 -p-e-r-c-e-n-t -o-f -t-h-e -c-o-s-t-s -o-f -m-a-i-n-t-e-n-a-n-c-e-, -p-e-r-s-o-n-n-e-l-, -e-q-u-i-p-m-e-n-t-, -a-n-d -f-e-e-s -i-m-p-o-s-e-d -o-n -t-h-e -S-e-c-r-e-t-a-r-y -f-o-r -t-h-e -e-x-c-u-r-s-i-o-n -s-h-a-l-l -b-e -r-e-c-o-v-e-r-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y-. -(-2-)-(-A-) -N-o-t-w-i-t-h-s-t-a-n-d-i-n-g -a-n-y -o-t-h-e-r -p-r-o-v-i-s-i-o-n -o-f -l-a-w-, -t-h-e -S-e-c-r-e-t-a-r-y -i-s -a-u-t-h-o-r-i-z-e-d -t-o -i-m-p-o-s-e -a -f-e-e -o-n -a-n-y -p-e-r-s-o-n -u-s-i-n-g -t-h-e -c-o-r-e -c-o-m-p-l-e-x -w-i-t-h-i-n -t-h-e -s-i-t-e-. -T-h-e -a-m-o-u-n-t -o-f -s-u-c-h -f-e-e -s-h-a-l-l -n-o-t -e-x-c-e-e-d -a -s-i-n-g-l-e -c-h-a-r-g-e -o-f -$-5 -p-e-r -p-e-r-s-o-n -p-e-r -d-a-y -f-o-r -t-h-e -u-s-e -o-f -t-h-e -e-n-t-i-r-e -c-o-r-e -c-o-m-p-l-e-x-. -N-o -f-e-e -s-h-a-l-l -b-e -i-m-p-o-s-e-d -f-o-r -t-h-e -u-s-e -o-f -s-u-c-h -c-o-m-p-l-e-x -b-y -a-n-y -p-e-r-s-o-n -u-n-d-e-r -1-6 -y-e-a-r-s -o-f -a-g-e -o-r -a-n-y -p-e-r-s-o-n -w-h-o -i-s -p-a-r-t -o-f -a-n -o-r-g-a-n-i-z-e-d -s-c-h-o-o-l -g-r-o-u-p -o-r -o-u-t-i-n-g -c-o-n-d-u-c-t-e-d -f-o-r -e-d-u-c-a-t-i-o-n-a-l -p-u-r-p-o-s-e-s -b-y -a -s-c-h-o-o-l -o-r -o-t-h-e-r -b-o-n-a -f-i-d-e -e-d-u-c-a-t-i-o-n-a-l -i-n-s-t-i-t-u-t-i-o-n-. -(-B-) -T-h-e -p-r-o-c-e-e-d-s -o-f -a-n-y -f-e-e -i-m-p-o-s-e-d -u-n-d-e-r -t-h-i-s -s-e-c-t-i-o-n -s-h-a-l-l -b-e -c-r-e-d-i-t-e-d -t-o -a -s-p-e-c-i-a-l -a-c-c-o-u-n-t -e-s-t-a-b-l-i-s-h-e-d -f-o-r -t-h-e -N-a-t-i-o-n-a-l -P-a-r-k -S-e-r-v-i-c-e -i-n -t-h-e -T-r-e-a-s-u-r-y -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -a-n-d -s-h-a-l-l -b-e -a-v-a-i-l-a-b-l-e-, -w-i-t-h-o-u-t -f-u-r-t-h-e-r -a-p-p-r-o-p-r-i-a-t-i-o-n-, -f-o-r -u-s-e -b-y -t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -I-n-t-e-r-i-o-r -t-o -f-u-r-t-h-e-r -e-d-u-c-a-t-i-o-n-a-l -a-n-d -i-n-t-e-r-p-r-e-t-i-v-e -p-r-o-g-r-a-m-s -a-t -t-h-e -s-i-t-e-, -i-n-c-l-u-d-i-n-g -t-h-e -c-o-o-p-e-r-a-t-i-v-e -a-g-r-e-e-m-e-n-t -s-p-e-c-i-f-i-e-d -i-n -s-u-b-s-e-c-t-i-o-n -(-g-)-(-2-)-. -(-C-) -A-s -p-a-r-t -o-f -e-a-c-h -a-n-n-u-a-l -b-u-d-g-e-t -s-u-b-m-i-s-s-i-o-n -t-o -t-h-e -C-o-n-g-r-e-s-s-, -t-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -p-r-o-v-i-d-e -a -r-e-p-o-r-t -d-e-t-a-i-l-i-n-g -t-h-e -a-m-o-u-n-t -o-f -f-e-e-s -r-e-c-e-i-v-e-d -u-n-d-e-r -s-u-b-p-a-r-a-g-r-a-p-h -(-A-) -a-n-d -t-h-e -e-x-p-e-n-d-i-t-u-r-e-s -u-n-d-e-r -s-u-b-p-a-r-a-g-r-a-p-h -(-B-) -d-u-r-i-n-g -t-h-e -i-m-m-e-d-i-a-t-e-l-y -p-r-e-c-e-d-i-n-g -f-i-s-c-a-l -y-e-a-r-. -A -c-o-p-y -o-f -s-u-c-h -r-e-p-o-r-t -s-h-a-l-l -a-l-s-o -b-e -m-a-d-e -a-v-a-i-l-a-b-l-e -a-n-n-u-a-l-l-y -t-o -t-h-e -C-o-m-m-i-t-t-e-e -o-n -N-a-t-u-r-a-l -R-e-s-o-u-r-c-e-s -a-n-d -t-h-e -C-o-m-m-i-t-t-e-e -o-n -A-p-p-r-o-p-r-i-a-t-i-o-n-s -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -H-o-u-s-e -o-f -R-e-p-r-e-s-e-n-t-a-t-i-v-e-s -a-n-d -t-o -t-h-e -C-o-m-m-i-t-t-e-e -o-n -E-n-e-r-g-y -a-n-d -N-a-t-u-r-a-l -R-e-s-o-u-r-c-e-s -a-n-d -t-h-e -C-o-m-m-i-t-t-e-e -o-n -A-p-p-r-o-p-r-i-a-t-i-o-n-s -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -S-e-n-a-t-e-. -(-D-) -F-o-r -p-u-r-p-o-s-e-s -o-f -t-h-i-s -s-e-c-t-i-o-n-, -t-h-e -t-e-r-m -`-`-c-o-r-e -c-o-m-p-l-e-x-'-' -m-e-a-n-s -t-h-e -t-w-o -m-u-s-e-u-m-s-, -t-h-e -t-h-e-a-t-e-r-, -t-h-e -v-i-s-i-t-o-r -c-e-n-t-e-r-, -a-n-d -r-o-u-n-d-h-o-u-s-e-. (e) User and Interpretive Fees.--User or interpretive fees charged for the rail excursion from the historic site to Moscow, Pennsylvania, or to any other location, shall be established at a level such that a minimum of 100 percent of the costs of maintenance, personnel, equipment, and fees imposed on the Secretary for the excursion shall be recovered by the Secretary. (f) Track and Switch Rehabilitation.--The Secretary may assist the owner of Bridge 60 and Bridge 60 Wye with track and switch rehabilitation to facilitate activities directly associated with the historic site. Any financial assistance for any such project shall be limited to a portion of the total costs of the project. The portion paid by the Secretary shall not exceed that fraction of the total costs of the project which is equal to the fraction of the total usage of such tracks and switches attributable to use by equipment associated with the historic site. Nothing in this Act or in any other provision of law shall authorize the Secretary to acquire either of such bridges or the associated tracks and switches. (g) Cooperative Agreements.--(1) The Secretary may enter into cooperative agreements with appropriate authorities for law enforcement and for purposes of controlling rail traffic through the historic site, but the Secretary may not enter into any other cooperative agreement relating to administration of the historic site with any entity (other than a department or agency of the United States) without specific authorization by an Act of Congress approved after the enactment of this Act, except as provided in paragraph (2) of this subsection. (2) The Secretary is authorized to enter into a cooperative agreement with a qualified educational institution to provide, at the Secretary's direction, certain visitor services and educational programs within the historic site and to collect the fees authorized under -p-a-r-a-g-r-a-p-h -(-2-) -o-f subsection (e). The Secretary shall transmit any cooperative agreement proposed to be entered into under this paragraph to the Committee on Natural Resources of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate at least 60 days before such agreement is entered into by the Secretary. (h) Report on Alternatives.--(1) The Secretary shall prepare a report identifying any feasible and suitable alternatives for managing the historic site, including partnerships or direct management by the Commonwealth of Pennsylvania, local governments, other agencies, or private entities. Such report shall be submitted to the Congress not later than 2 years after the enactment of this Act. (2) In taking the action referred to in paragraph (1) the Secretary shall consult with other Federal land managing agencies, State and local officials, the -n-a-t-i-o-n-a-l -p-a-r-k National Park System Advisory Board, resource management, recreation, and scholarly organizations, and other interested parties as the Secretary deems advisable. Such consultation shall include appropriate opportunities for public review and comment. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this title, except that no funds may be appropriated after the enactment of this Act for any construction, development, or related activities with respect to the site without specific authorization by an Act of Congress pursuant to a law enacted after the enactment of this Act. No Federal funds may be expended at the site for purposes other than those specified in section -1-0-4 -a-n-d -i-n -s-e-c-t-i-o-n -1-0-5-(-d-)-. 104. Not more than 5 percent of the funds appropriated annually for operation of the historic site may be used for the restoration or repair of locomotives, cars, and other rolling stock without specific authorization by an Act of Congress enacted after the enactment of this Act. TITLE II--DELAWARE WATER GAP NATIONAL RECREATION AREA SEC. 201. BOUNDARIES. Section 2(a) of the Act of September 1, 1965 (79 Stat. 612; 16 U.S.C. 460o-1(a)) establishing the Delaware Water Gap National Recreation Area is amended by striking ``as generally depicted on the drawing entitled `Proposed Tocks Island National Recreation Area' dated and numbered September 1962, NRA-TI-7100, which drawing is on file'' and inserting ``as generally depicted on the map entitled `Delaware Water Gap National Recreation Area' dated November 1991 and numbered DWGNRA-620/80,900A which shall be on file''. TITLE III--CIVIL WAR BATTLEFIELD OF CORINTH, MISSISSIPPI SEC. 301. SHORT TITLE. This title may be cited as the ``Corinth, Mississippi, Battlefield Act of 1994.'' SEC. 302. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the 14 sites located in the vicinity of Corinth, Mississippi, that were designated as a National Historic Landmark by the Secretary of the Interior in 1991 represent nationally significant events in the Siege and Battle of Corinth during the Civil War; and (2) the Landmark sites should be preserved and interpreted for the benefit, inspiration, and education of the people of the United States. (b) Purpose.--It is the purpose of this Act to provide for a center for the interpretation of the Siege and Battle of Corinth and other Civil War actions in the region and to enhance public understanding of the significance of the Corinth Campaign in the Civil War relative to the Western theater of operations, in cooperation with State or local governmental entities and private organizations and individuals. SEC. 303. ACQUISITION OF PROPERTY AT CORINTH, MISSISSIPPI. (a) In General.--The Secretary of the Interior (hereinafter referred to as the ``Secretary'') is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange, such lands or interests therein in the vicinity of the Corinth Battlefield in the State of Mississippi, as the Secretary determines necessary for the construction of an interpretive center to commemorate and interpret the 1862 Civil War Siege and Battle of Corinth: Provided, That such lands or interests therein shall only be acquired with the consent of the owner thereof. (b) Publicly Owned Lands.--Lands and interests in lands owned by the State of Mississippi or a political subdivision of the State of Mississippi may be acquired only by donation. SEC. 304. INTERPRETIVE CENTER AND MARKING. (a) Construction of Center.--The Secretary is authorized to construct, operate, and maintain on the property acquired under section 3 a center for the interpretation of the Siege and Battle of Corinth and associated historical events. The center shall include interpretive exhibits and such other features as may be necessary for public appreciation and understanding of the Siege and Battle of Corinth. (b) Marking.--The Secretary may mark sites associated with the Siege and Battle of Corinth National Historic Landmark, as designated on May 6, 1991, if such sites are determined by the Secretary to be protected by State or local governmental agencies. (c) Administration.--The lands and interests in lands acquired, and the facilities constructed and maintained pursuant to this Act shall be administered by the Secretary as a part of Shiloh National Military Park, subject to the appropriate laws and regulations applicable to the park, the Act of August 25, 1916 (39 Stat. 535, chapter 408; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (49 Stat. 666, chapter 593, 16 U.S.C. 461 et seq.). SEC. 305. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Subject to subsection (b), there are authorized to be appropriated such sums as are necessary to carry out this title. (b) Construction.--Of the amounts made available to carry out this title, not more than $6,000,000 may be used to carry out section 304(a). Passed the House of Representatives July 12, 1994. Attest: DONNALD K. ANDERSON, Clerk.

TABLE OF CONTENTS: Title I: Steamtown National Historic Site Title II: Delaware Water Gap National Recreation Area Title III: Civil War Battlefield of Corinth, Mississippi Title I: Steamtown National Historic Site - Repeals the Steamtown National Historic Site Act of 1986 and sets forth new provisions establishing the Steamtown National Historic Site to preserve and interpret certain elements of railroading, especially steam-operated railroads during the period of 1850 to 1950. (Sec. 102) Directs the Secretary of the Interior to prepare and submit a new comprehensive general management plan for the Site to specified congressional committees. (Sec. 103) Prohibits the Secretary from acquiring any lands or interests in lands contaminated with hazardous substances that would require removal or remedial action at the expense of the United States. Directs the Secretary to take steps to obtain cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) for any funds of the National Park Service expended on removal or remedial action with respect to contamination within the Site. (Sec. 104) Directs the Secretary to preserve the collection of railroad equipment (including locomotives and rolling stock) present at the Site as of enactment of this Act. Limits the number of locomotives operating at the Site to the number operating as of June 22, 1994. Prohibits Federal funds from being expended for access between the Site and any structure that is privately owned or operated for profit. Requires the Secretary to preserve the artifact collection and archival materials located at the Site. Authorizes the Secretary to provide a regular excursion from Scranton, Pennsylvania, to Moscow, Pennsylvania. Prohibits the Secretary from expending funds of the National Park Service for the restoration or maintenance of tracks, bridges, or tunnels outside the Site, except certain funds appropriated before November 15, 1991. Authorizes the Secretary to: (1) pay customary and appropriate track usage fees; and (2) provide additional annual excursions if no such excursion is longer than 60 miles one way. Sets forth user and interpretive fee provisions. (Sec. 105) Authorizes appropriations. Title II: Delaware Water Gap National Recreation Area - Amends Federal law to change the map reference for the Delaware Water Gap National Recreation Area with respect to its boundary. Title III: Civil War Battlefield of Corinth, Mississippi - Corinth, Mississippi, Battlefield Act of 1994 - Authorizes the Secretary to acquire by donation, purchase with donated or appropriated funds, or exchange such lands or interests as the Secretary deems necessary for the construction of an interpretive center to commemorate and interpret the 1862 Civil War Siege and Battle of Corinth. Authorizes the Secretary to: (1) construct, operate, and maintain on the property so acquired a center for the interpretation of the Siege and Battle of Corinth and associated historical events; and (2) mark sites associated with the Siege and Battle of Corinth National Historic Landmark if such sites are determined by the Secretary to be protected by State or local governmental agencies. (Sec. 305) Authorizes appropriations.

Corinth, Mississippi, Battlefield Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Philanthropic Enterprise Act of 2014''. SEC. 2. EXCEPTION FROM PRIVATE FOUNDATION EXCESS BUSINESS HOLDING TAX FOR CERTAIN PHILANTHROPIC BUSINESS HOLDINGS. (a) In General.--Section 4943 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Exception for Certain Philanthropic Business Holdings.-- ``(1) In general.--Subsection (a) shall not apply with respect to the holdings of a private foundation in any business enterprise which for the taxable year meets-- ``(A) the exclusive ownership requirements of paragraph (2), ``(B) the all profits to charity requirement of paragraph (3), and ``(C) the independent operation requirements of paragraph (4). ``(2) Exclusive ownership.--The exclusive ownership requirements of this paragraph are met if-- ``(A) all ownership interests in the business enterprise are held by the private foundation at all times during the taxable year, and ``(B) all the private foundation's ownership interests in the business enterprise were acquired under the terms of a will or trust upon the death of the testator or settlor, as the case may be. ``(3) All profits to charity.-- ``(A) In general.--The all profits to charity requirement of this paragraph is met if the business enterprise, not later than 120 days after the close of the taxable year, distributes an amount equal to its net operating income for such taxable year to the private foundation. ``(B) Net operating income.--For purposes of this paragraph, the net operating income of any business enterprise for any taxable year is an amount equal to the gross income of the business enterprise for the taxable year, reduced by the sum of-- ``(i) the deductions allowed by chapter 1 for the taxable year which are directly connected with the production of such income, ``(ii) the tax imposed by chapter 1 on the business enterprise for the taxable year, and ``(iii) an amount for a reasonable reserve for working capital and other business needs of the business enterprise. ``(4) Independent operation.--The independent operation requirements of this paragraph are met if, at all times during the taxable year-- ``(A) no substantial contributor (as defined in section 4958(c)(3)(C)) to the private foundation, or family member of such a contributor (determined under section 4958(f)(4)) is a director, officer, trustee, manager, employee, or contractor of the business enterprise (or an individual having powers or responsibilities similar to any of the foregoing), ``(B) at least a majority of the board of directors of the private foundation are not-- ``(i) also directors or officers of the business enterprise, or ``(ii) members of the family (determined under section 4958(f)(4)) of a substantial contributor (as defined in section 4958(c)(3)(C)) to the private foundation, and ``(C) there is no loan outstanding from the business enterprise to a substantial contributor (as so defined) to the private foundation or a family member of such contributor (as so determined). ``(5) Certain deemed private foundations excluded.--This subsection shall not apply to-- ``(A) any fund or organization treated as a private foundation for purposes of this section by reason of subsection (e) or (f), ``(B) any trust described in section 4947(a)(1) (relating to charitable trusts), and ``(C) any trust described in section 4947(a)(2) (relating to split-interest trusts).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 3. EXCEPTION TO UNRELATED BUSINESS TAX ON SPECIFIED PAYMENTS FROM CERTAIN CONTROLLED ENTITIES. (a) In General.--Paragraph (13) of section 512(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(G) Subparagraph not to apply to payments from certain philanthropic controlled entities.-- Subparagraph (A) shall not apply to any payment not in excess of fair market value to a private foundation from an entity which is a business enterprise described in section 4943(g)(1) with respect to such foundation.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

Philanthropic Enterprise Act of 2014 - Amends the Internal Revenue Code to exempt the holdings of a private foundation in any business enterprise that meet specified requirements relating to exclusive ownership, minimum distribution of net operating income for the charitable purpose (all profits to charity), and independent operation (i.e., not controlled by a substantial contributor or family members) from the excise taxes on excess business holdings and unrelated business income.

Philanthropic Enterprise Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher-Risk Impaired Driver Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Of the total 42,850 people who died in motor vehicle traffic crashes in the United States during 2002, alcohol- related traffic deaths accounted for 42 percent--preliminary data shows that 17,970 people died in these crashes. (2) Alcohol-related traffic fatalities in the United States have been rising since 1999. (3) About one-third of all drivers arrested or convicted of driving under the influence are repeat offenders. (4) A report released by the alcohol industry showed that 58 percent of alcohol-related traffic fatalities in 2001 involved drivers with a blood alcohol concentration level of .15 percent and above. (5) Research funded by the alcohol industry has concluded that repeat offenders of alcohol-impaired driving laws and first offenders with high blood alcohol concentration (BAC) levels are at greatest risk of committing a subsequent drunk driving offense. (6) It should be the policy of the federal government, among other aims, to target these repeat offenders and high BAC level offenders to help reduce the risk of fatality due to alcohol-impaired driving. SEC. 3. INCREASED PENALTIES. (a) In General.--Chapter I of title 23, United States Code, is amended by adding at the end the following: ``Sec. 165. Increased penalties for higher risk drivers for driving while intoxicated or driving under the influence ``(a) Definitions.--In this section, the following definitions apply: ``(1) Blood alcohol concentration.--The term `blood alcohol concentration' means grams of alcohol per 100 milliliters of blood or the equivalent grams of alcohol per 210 liters of breath. ``(2) Driving while intoxicated; driving under the influence.--The terms `driving while intoxicated' and `driving under the influence' mean driving or being in actual physical control of a motor vehicle while having a blood alcohol concentration above the permitted limit as established by each State. ``(3) License suspension.--The term `license suspension' means the suspension of all driving privileges. ``(4) Motor vehicle.--The term `motor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways but does not include a vehicle operated solely on a rail line or a commercial vehicle. ``(5) Higher-risk impaired driver law.-- ``(A) The term `higher-risk impaired driver law' means a State law that provides, as a minimum penalty, that an individual described in subparagraph (B) shall-- ``(i) receive a driver's license suspension for not less than 1 year, including a complete ban on driving for not less than 90 days and for the remainder of the license suspension period and prior to the issuance of a probational hardship or work permit license, be required to install a certified alcohol ignition interlock device; ``(ii) have the motor vehicle driven at the time of arrest impounded or immobilized for not less than 90 days and for the remainder of the license suspension period require the installation of a certified alcohol ignition interlock device on the vehicle; ``(iii) be subject to an assessment by a certified substance abuse official of the State that assesses the individual's degree of abuse of alcohol and assigned to a treatment program or impaired driving education program as determined by the assessment; ``(iv) be imprisoned for not less than 10 days, have an electronic monitoring device for not less than 100 days, or be assigned to a DUI/DWI specialty facility for not less than 30 days; ``(v) be fined a minimum of $1,000, with the proceeds of such funds to be used by the State or local jurisdiction for impaired driving related prevention, enforcement, and prosecution programs, or for the development or maintenance of a tracking system of offenders driving while impaired; ``(vi) if the arrest resulted from involvement in a crash, pay court-mandated restitution to the victims of the crash; ``(vii) be placed on probation by the court for a period of not less than 2 years; ``(viii) if diagnosed with a substance abuse problem, during the first year of the probation period referred to in clause (vii), attend a treatment program for a period of 12 consecutive months sponsored by a State certified substance abuse treatment agency and meet with a case manager at least once each month; and ``(ix) be required by the court to attend a victim impact panel, if such a panel is available. ``(B) An individual referred to in subparagraph (A) is an individual who-- ``(i) is convicted of a second or subsequent offense for driving while intoxicated or driving under the influence within a minimum of 5 consecutive years; ``(ii) is convicted of a driving while intoxicated or driving under the influence with a blood alcohol concentration of 0.15 percent or greater; ``(iii) is convicted of a driving-while- suspended offense if the suspension was the result of a conviction for driving under the influence; or ``(iv) refuses a blood alcohol concentration test while under arrest or investigation for involvement in a fatal or serious injury crash. ``(6) Special dui/dwi facility.--The term `special DUI/DWI facility' means a facility that houses and treats offenders arrested for driving while impaired and allows such offenders to work and/or attend school. ``(7) Victim impact panel.--The term `victim impact panel' means a group of impaired driving victims who speak to offenders about impaired driving. The purpose of the panel is to change attitudes and behaviors in order to deter impaired driving recidivism. ``(b) Withholding of Funds.-- ``(1) Fiscal year 2008.--On October 1, 2007, if a State has not enacted or is not enforcing a higher-risk impaired driver law, the Secretary shall withhold 2 percent of the amount required to be apportioned for Federal-aid highways to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b). ``(2) Fiscal year 2009.--On October 1, 2008, if a State has not enacted or is not enforcing a higher-risk impaired driver law, the Secretary shall withhold 4 percent of the amount required to be apportioned for Federal-aid highways to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b). ``(3) Fiscal year 2010.--On October 1, 2009, if a State has not enacted or is not enforcing a higher-risk impaired driver law, the Secretary shall withhold 6 percent of the amount required to be apportioned for Federal-aid highways to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b). ``(4) Fiscal year 2011.--On October 1, 2010, and on October 1 of each year thereafter, if a State has not enacted or is not enforcing a higher-risk impaired driving law, the Secretary shall withhold 8 percent of the amount required to be apportioned for Federal-aid highways to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b).''.

Higher-Risk Impaired Driver Act - Requires the Secretary of Transportation to withhold an increasing percentage (two percent on October 1, 2007; four percent on October 1, 2008; six percent on October 1, 2009; and eight percent on October 1, 2010) of a State's Federal-aid highway funds if the State has not enacted or is not enforcing a higher risk impaired driver law. Defines such a law as one that provides certain minimum penalties for: (1) a second or subsequent offense of driving while intoxicated (DWI) or driving under the influence (DUI) within a minimum of five consecutive years, of DWI or DUI with a blood alcohol concentration of .15 percent or greater, or of driving-while-suspended if the suspension was the result of a DUI conviction; or (2) refusing a blood alcohol concentration test while under arrest or investigation for involvement in a fatal or serious injury crash. Includes among such penalties: (1) driver's license suspension; (2) motor vehicle impoundment or immobilization; (3) assessment by a certified substance abuse official and assignment to treatment; (4) imprisonment, attachment of an electronic monitoring device, or assignment to a DUI/DWI specialty facility; (5) a $1,000 fine; (6) payment of court-mandated restitution; (7) probation; and (8) required attendance of a treatment program and a victim impact panel.

A bill to amend title 23, United States Code, to increase penalties for individuals who operate motor vehicles while intoxicated or under the influence of alcohol.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advanced Biofuel Investment Act of 2010''. SEC. 2. INVESTMENT TAX CREDIT FOR QUALIFIED ADVANCED BIOFUEL PRODUCTION PROPERTY. (a) In General.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 (defining energy property) is amended by striking ``or'' at the end of clause (vi), by inserting ``or'' at the end of clause (vii), and by inserting after clause (vii) the following new clause: ``(viii) qualified advanced biofuel production property,''. (b) 30 Percent Credit.--Clause (i) of section 48(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subclause (III) and by inserting after subclause (IV) the following new subclause: ``(V) qualified advanced biofuel production property, and''. (c) Definitions.--Subsection (c) of section 48 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Qualified advanced biofuel production property.-- ``(A) In general.--The term `qualified advanced biofuel production property' means property used in an advanced biofuel project. ``(B) Advanced biofuel project.--The term `advanced biofuel project' means a project certified by the Secretary of Energy as meeting the following requirements: ``(i) The property is used to produce advanced biofuel for sale to unrelated persons (within the meaning of section 45(e)(4)). ``(ii) The project will rely primarily on new or significantly improved technologies as compared to commercial technologies currently in service in the United States and used to produce advanced biofuel. ``(iii) Such other requirements as the Secretary of Energy, not later than 120 days after the date of the Advanced Biofuel Investment Act of 2010, may by regulation prescribe to the extent necessary to carry out the purposes of this section, including encouraging private investment in projects which provide the greatest net impact in avoiding or reducing air pollutants or anthropogenic emissions of greenhouse gases, have the greatest readiness for commercial employment, replication, and further commercial use in the United States, and will introduce new technologies and fuel production processes in the commercial market. ``(C) Advanced biofuel.--The term `advanced biofuel' means fuel that-- ``(i) meets the definition of advanced biofuel in section 9001(3) of the Farm Security and Rural Investment Act of 2002, and ``(ii) has lifecycle greenhouse gas emissions that are at least 50 percent less than baseline lifecycle greenhouse gas emissions, as required under section 211(o)(1)(B)(i) of the Clean Air Act. ``(D) Termination.--The term `qualified advanced biofuel production property' shall not include any property placed in service after December 31, 2015.''. (d) Grants in Lieu of Tax Credit.-- (1) In general.--Section 1603(d) of the American Recovery and Reinvestment Tax Act of 2009 is amended by inserting after paragraph (8) the following new paragraph: ``(9) Qualified advanced biofuel production property.--Any property described in clause (viii) of section 48(a)(3)(A).''. (2) Applicable percentage.--Section 1603(b)(2)(A) of such Act is amended by inserting ``and (9)'' after ``through (4)''. (e) Grant Includible in Income.--Section 48(d)(3) of the Internal Revenue Code of 1986 is amended by striking ``Any such grant'' and inserting ``Except for a grant for specified energy property described in subsection (d)(9) of such section 1603, any such grant''. (f) Effective Date.--The amendments made by this section shall apply to periods after the date of the enactment of this Act, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Advanced Biofuel Investment Act of 2010 - Amends the Internal Revenue Code to allow a 30% energy tax credit for investment in qualified advanced biofuel production property. Defines "qualified advanced biofuel production property" as property used to produce biofuel which meets the definition of advanced biofuel in the Farm Security and Rural Investment Act of 2002 and has lifecycle greenhouse gas emissions that are at least 50% less than baseline lifecycle greenhouse gas emissions required by the Clean Air Act. Terminates such credit after 2015. Amends the American Recovery and Reinvestment tax Act of 2009 to allow investors in qualified advanced biofuel production property a grant in lieu of a tax credit for investment in such property.

To amend the Internal Revenue Code of 1986 to provide an investment tax credit for advanced biofuel production property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coral Reef Conservation Act of 1997''. SEC. 2. PURPOSES. The purposes of this Act are the following: (1) To preserve, sustain, and restore the health of coral reef ecosystems. (2) To assist in the conservation and protection of coral reefs by supporting conservation programs. (3) To provide financial resources for those programs. (4) To establish a formal mechanism for collecting and allocating monetary donations from the private sector to be used for coral reef conservation projects. SEC. 3. DEFINITIONS. In this Act: (1) Coral.--The term ``coral'' means species of the phylum Cnidaria, including-- (A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), and Coenothecalia (blue coral), of the class Anthozoa; and (B) all species of the order Hydrocorallina (fire corals and hydrocorals), of the class Hydrozoa. (2) Coral reef.--The term ``coral reef'' means any reef or shoal composed primarily of the skeletal material of species of the order Scleractinia (class Anthozoa). (3) Coral reef ecosystem.--The term ``coral reef ecosystem'' means the complex of species associated with coral reefs and their environment that-- (A) functions as an ecological unit in nature; and (B) is necessary for that function to continue. (4) Corals and coral products.--The term ``corals and coral products'' means any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives, of any species referred to in paragraph (1). (5) Conservation.--The term ``conservation'' means the use of methods and procedures necessary to preserve or sustain corals and species associated with coral reefs as diverse, viable, and self-perpetuating coral reef ecosystems, including all activities associated with resource management, such as conservation, protection, restoration, and management of habitat; habitat monitoring; assistance in the development of management strategies for marine protected areas and marine resources consistent with the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); law enforcement through community participation; conflict resolution initiatives; and community outreach and education. (6) Fund.--The term ``Fund'' means the Coral Reef Conservation Fund established under section 5(a). (7) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 4. CORAL REEF CONSERVATION ASSISTANCE. (a) In General.--The Secretary, subject to the availability of funds, shall use amounts in the Fund to provide grants of financial assistance for projects for the conservation of coral reefs for which final project proposals are approved by the Secretary in accordance with this section. (b) Project Proposal.--Any relevant natural resource management authority of a State or territory of the United States or other government jurisdiction with coral reefs whose activities directly or indirectly affect coral reefs, or any nongovernmental organization or individual with demonstrated expertise in the conservation of coral reefs, may submit to the Secretary a project proposal under this section. Each proposal shall include the following: (1) The name of the individual responsible for conducting the project. (2) A succinct statement of the purposes of the project. (3) A description of the qualifications of the individuals who will conduct the project. (4) An estimate of the funds and time required to complete the project. (5) Evidence of support of the project by appropriate representatives of States or territories of the United States or other government jurisdictions in which the project will be conducted, if the Secretary determines that the support is required for the success of the project. (6) Information regarding the source and amount of matching funding available to the applicant. (7) Any other information the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project Review and Approval.-- (1) In general.--The Secretary shall review each final project proposal to determine if it meets the criteria set forth in subsection (d). (2) Consultation; approval or disapproval.--Not later than 6 months after receiving a final project proposal, and subject to the availability of funds, the Secretary shall-- (A) request written comments on the proposal from each State or territory of the United States or other government jurisdiction, including the relevant regional fishery management councils established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), within which the project is to be conducted; (B) provide for the merit-based peer review of the proposal and require standardized documentation of that peer review; (C) after reviewing any written comments and recommendations based on merit review, approve or disapprove the proposal; and (D) provide written notification of that approval or disapproval to the person who submitted the proposal, and each of those States, territories, and other government jurisdictions. (d) Criteria for Approval.--The Secretary may approve a final project proposal under this section if the project will enhance programs for conservation of coral reefs by assisting efforts to-- (1) implement conservation programs; (2) address the conflicts arising from the use of environments near coral reefs or from the use of corals, species associated with coral reefs, and coral products; (3) enhance compliance with laws that prohibit or regulate the taking of corals, species associated with coral reefs, and coral products or regulate the use and management of coral reef ecosystems; (4) develop sound scientific information on the condition of coral reef ecosystems or the threats to such ecosystems; or (5) promote cooperative projects on coral reef conservation that involve foreign governments, affected local communities, nongovernmental organizations, or others in the private sector. (e) Project Sustainability.--In determining whether to approve project proposals under this section, the Secretary shall give priority to projects which promote sustainable development and ensure effective, long-term conservation of coral reefs. (f) Project Reporting.--Each grantee under this section shall provide periodic reports, as the Secretary considers necessary, to the Secretary. Each report shall include all information required by the Secretary for evaluating the progress and success of the project. (g) Matching Funds.--The Secretary may not approve a project proposal under this section unless the Secretary determines that there are non-Federal matching funds available to pay at least 50 percent of the total cost of the project. SEC. 5. CORAL REEF CONSERVATION FUND. (a) Establishment.--There is established in the general fund of the Treasury a separate account, to be known as the ``Coral Reef Conservation Fund'', which shall consist of amounts deposited into the Fund by the Secretary of the Treasury under subsection (b). (b) Deposits Into the Fund.--The Secretary of the Treasury shall deposit into the Fund-- (1) all amounts received by the Secretary in the form of monetary donations under subsection (d); and (2) other amounts appropriated to the Fund. (c) Use.-- (1) In general.--Subject to paragraph (2), the Secretary may use amounts in the Fund without further appropriation to provide assistance under section 4. (2) Administration.--Of amounts in the Fund available for each fiscal year, the Secretary may use not more than 3 percent to administer the Fund. (d) Acceptance and Use of Monetary Donations.--The Secretary may accept and use monetary donations to provide assistance under section 4. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Fund $1,000,000 for each of fiscal years 1998, 1999, 2000, 2001, and 2002 to carry out this Act, which may remain available until expended. Passed the House of Representatives November 13, 1997. Attest: ROBIN H. CARLE, Clerk.

Coral Reef Conservation Act of 1997 - Directs the Secretary of Commerce to use amounts in the Coral Reef Conservation Fund (established by this Act) to provide grants for the conservation of coral reefs. Allows any relevant natural resource management authority of a State or U.S. territory or other governmental jurisdiction with coral reefs whose activities affect coral reefs, or any nongovernmental organization or individual with demonstrated expertise in the conservation of coral reefs, to submit a proposal. Requires grant priority for projects promoting sustainable development and ensuring long-term coral reef conservation. Requires matching funds of at least 50 percent of the total project cost. Establishes the Coral Reef Conservation Fund, consisting of monetary donations and amounts appropriated to the Fund. Authorizes appropriations.

Coral Reef Conservation Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary Mortgage Assistance Loan Act of 2009''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) as the economy worsens and unemployment rates continue to rise, a growing number of long-time homeowners are finding themselves in need of emergency short-term mortgage help in the event of a job loss or other crisis; (2) these homeowners may not need or want a permanent modification of their home loans or they may not qualify for government initiatives aimed principally at subprime borrowers or homeowners with exotic mortgage products; and (3) low-interest emergency mortgage loans can fill this gap in options for responsible homeowners in need of help and stem the rising tide of foreclosures that has depressed housing values across the United States. SEC. 3. TEMPORARY MORTGAGE ASSISTANCE LOANS. (a) Authority.--The Secretary of Housing and Urban Development (in this Act referred to as the ``Secretary'') shall, to the extent amounts are made available in advance for loans under this section, make loans under this section in the form of mortgage assistance payments to mortgagees of all or part of the monthly payments due under the qualified mortgages of qualified homeowners who are in default on their mortgages. (b) Qualified Homeowners.--For purposes of this section, the term ``qualified homeowner'' means the mortgagor under a qualified mortgage or mortgages-- (1) who is 60 days or more delinquent with respect to any payment due under the qualified mortgage or mortgages; (2) who, or a member of whose household who before unemployment contributed significantly to the household income-- (A) is unemployed, which unemployment renders the mortgagor temporarily unable to correct the delinquency and resume full payments under the qualified mortgage or mortgages; (B) has a reasonable prospect, in the determination of the Secretary based on payment history prior to such unemployment, education, or participation in worker retraining during the period of such unemployment, for obtaining employment; and (C) who has registered for and is receiving State unemployment benefits; (c) Qualified Mortgage and Mortgages.-- (1) Qualified mortgage.--For purposes of this section, the term ``qualified mortgage'' means, with respect to a qualified homeowner, a first mortgage that-- (A) is secured by an interest on a one- to four- unit residence that is the principal residence of the qualified homeowner that is not subject to more than one other subordinate mortgage; and (B) has an aggregate outstanding obligation that, at the time of application for assistance under this section, exceeds the appraised value of the residence that is subject to the mortgages. (2) Qualified mortgages.--The term ``qualified mortgages'' means, with respect to a qualified homeowner, a qualified mortgage and another subordinate mortgage secured by an interest in the same residence, which mortgages have an aggregate outstanding obligation that, at the time of application for assistance under this section, exceeds the appraised value of the residence that is subject to the mortgages. (d) Loans.--A loan under this section for a qualified mortgage or mortgages of a qualified homeowner shall-- (1) be in the form of monthly payments to the mortgagee or servicer of the mortgage or mortgages on account of such mortgage or mortgages-- (A) during a period that ends upon the earlier of-- (i) a determination by the Secretary, pursuant to regular periodic reviews of the financial circumstances of the household of the mortgagor, that because of changes in such financial circumstances payments are no longer necessary; or (ii) the making of the 18th such monthly payment on behalf of the qualified homeowner; (B) in an amount-- (i) on a monthly basis, that does not exceed the amount, as determined by the Secretary, that bears the same proportion to the monthly amount due under the mortgage or mortgages, including principal, interest, taxes, assessments, ground rents, hazard and mortgage insurance, and such other fees as the Secretary may approve, as the amount of monthly income lost due to the unemployment referred to in subsection (b)(2) in the mortgagor's household bears to the amount of the aggregate household income of the mortgagor before such unemployment; and (ii) in the aggregate, that does not exceed $30,000; (2) be secured by a lien on the principal residence that is subject to the qualified mortgage or mortgages and subordinate in priority to such mortgage or mortgages; and (3) be repayable upon such terms and conditions as the Secretary shall establish, which shall provide that-- (A) the loan shall bear interest at a rate determined by the Secretary, which shall not exceed 3 percent annually; (B) such interest shall accrue from the time each monthly payment under the loan is disbursed; (C) repayment of the loan principal and interest shall not be required until the expiration of the 60- day period that begins upon the earlier of-- (i) the time that the mortgagor or member of the mortgagor's household who is unemployed, as referred to in subsection (b)(2), obtains employment; or (ii) the Secretary ceases making monthly payments under the loan on behalf of the qualified mortgagor. (e) Funding.--Of the funds made available to the Secretary of the Treasury under title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211) that remain unobligated, the Secretary of the Treasury shall make available to the Secretary of Housing and Urban Development such sums as may be necessary for costs (as such term is defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) of loans under this section. (f) Regulations.--Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Secretary shall issue any regulations necessary to carry out this Act.

Temporary Mortgage Assistance Loan Act of 2009 - Authorizes the Secretary of Housing and Urban Development (HUD) to make available, in the form of monthly payments, temporary mortgage assistance loans to mortgagees or mortgage servicers of qualified homeowners who are in default on their mortgages. Prescribes conditions, time periods and repayment terms. Directs the Secretary of the Treasury to make certain funds that remain unobligated under the Emergency Economic Stabilization Act of 2008 (EESA) available to the Secretary to implement this Act.

To authorize the Secretary of Housing and Urban Development to make temporary mortgage assistance loans to save the homes of unemployed homeowners who are delinquent on their mortgage payments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Endowment for the Arts Termination Act of 1997''. SEC. 2. TERMINATION OF THE NATIONAL ENDOWMENT FOR THE ARTS AND THE NATIONAL COUNCIL ON THE ARTS. Sections 5, 5A, and 6 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954, 954A, and 955) are repealed. SEC. 3. CONFORMING AMENDMENTS. (a) Declaration of Purpose.--Section 2 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 951) is amended-- (1) in paragraphs (1) and (6) by striking ``arts and the''; (2) in paragraphs (2) and (5) by striking ``and the arts''; (3) in paragraph (4) by striking ``the arts and''; (4) in paragraph (5) by striking-- (A) by striking ``and the arts''; and (B) by striking ``arts and''; (5) in paragraph (7)-- (A) by striking ``practice of art and the''; (B) by striking ``artist or''; and (C) by striking ``creative''; (6) in paragraph (9) by striking ``arts and''; (7) by striking paragraph (11); and (8) in paragraph (12)-- (A) by striking ``the Arts and''; and (B) by redesignating such paragraph as paragraph (11). (b) Definitions.--Section 3 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 952) is amended-- (1) by striking subsections (b), (c), and (f); and (2) in subsection (d) by striking ``, including programs'' and all that follows through ``understanding of the arts,''; (A) in paragraph (1)-- (i) by striking ``the National Council on the Arts or''; and (ii) by striking ``, as the case may be,''; (B) in paragraph (2)-- (i) by striking ``sections 5(l) and'' and inserting ``section''; (ii) in subparagraph (A) by striking ``artistic or''; and (iii) in subparagraph (B)-- (I) by striking ``the National Council on the Arts and''; and (II) by striking ``, as the case may be,''; and (C) by striking ``(d) The'' and inserting ``(b) The''; and (3) by redesignating subsections (e) and (g) as subsections (c) and (d), respectively. (c) Establishment of National Foundation on the Arts and Humanities.--Section 4(a) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 953(a)) is amended-- (1) in subsection (a)-- (A) by striking ``the Arts and'' each place it appears; and (B) by striking ``a National Endowment for the Arts,''; (2) in subsection (b) by striking ``and the arts''; and (3) in the heading of such section by striking ``the arts and''. (d) Federal Council on the Arts and the Humanities.--Section 9 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 958) is amended-- (1) in subsection (a) by striking ``the Arts and''; (2) in subsection (b) by striking ``the Chairperson of the National Endowment for the Arts,''; (3) in subsection (c)-- (A) in paragraph (1) by striking ``the Chairperson of the National Endowment for the Arts and''; (B) in paragraph (3)-- (i) by striking ``the National Endowment for the Arts,''; and (ii) by striking ``Humanities,'' and inserting ``Humanities''; (C) in paragraph (6) by striking ``arts and''; and (D) in paragraph (7) by striking ``the arts and''. (e) Administrative Functions.--Section 10 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 959) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``in them''; (ii) by striking ``the Chairperson of the National Endowment for the Arts and''; and (iii) by striking ``, in carrying out their respective functions,''; (B) by striking ``of an Endowment'' each place it appears; (C) in paragraph (2)-- (i) by striking ``of that Endowment'' the first place it appears and inserting ``the National Endowment for the Humanities''; (ii) by striking ``sections 6(f) and'' and inserting ``section''; and (iii) by striking ``sections 5(c) and'' and inserting ``section''; and (D) in paragraph (3) by striking ``define their duties, and supervise and direct their activities'' and inserting ``define the activities of the employees, and supervise and direct the activities of the employees''; (2) in subsection (b)-- (A) by striking paragraphs (1), (2), and (3); and (B) in paragraph (4)-- (i) by striking ``one of its Endowments and received by the Chairperson of an Endowment'' and inserting ``the National Endowment for the Humanities and received by the Chairperson of that Endowment''; and (ii) by striking ``(4)''; (3) by striking subsection (c); (4) in subsection (d)-- (A) by striking ``Chairperson of the National Endowment for the Arts and the''; and (B) by striking ``each'' the first place it appears; (5) in subsection (e)-- (A) by striking ``National Council on the Arts and the''; and (B) by striking ``, respectively, may each'' and inserting ``may''; and (6) in subsection (f)-- (A) in paragraph (1)-- (i) by striking ``Chairperson of the National Endowment for the Arts and the''; and (ii) by striking ``their respective Endowments under sections 5(c) and'' and inserting ``the Endowment under section''; (B) in paragraph (2)(A)-- (i) by striking ``either of the Endowments'' and inserting ``the National Endowment for the Humanities''; and (ii) by striking ``involved''; and (C) in paragraph (3)-- (i) by striking ``that provided such financial assistance'' each place it appears; and (ii) in subparagraph (C) by striking ``the National Endowment for the Arts or''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 11 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960) is amended-- (1) in subsection (a)(1)-- (A) by striking subparagraph (A); and (B) in subparagraph (B) by striking ``(B)''; (2) in subsection (a)(2)-- (A) by striking subparagraph (A); and (B) in subparagraph (B)-- (i) by striking ``(B)''; and (ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; (3) in subsection (a)(3)-- (A) by striking subparagraph (A); (B) in subparagraph (B)-- (i) by striking ``(B)''; and (ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and (C) by striking subparagraph (C); (4) in subsection (a)(4)-- (A) by striking ``Chairperson of the National Endowment for the Arts and the''; (B) by striking ``, as the case may be,''; and (C) by striking ``section 5(e), section 5(l)(2), section 7(f),'' and inserting ``section 7(f)''; (5) in subsection (c)-- (A) by striking paragraph (1); and (B) in paragraph (2) by striking ``(2)''; (6) in subsection (d)-- (A) by striking paragraph (1); and (B) in paragraph (2) by striking ``(2)''; and (7) by striking subsection (f). SEC. 5. SHORT TITLE. Section 1 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 951 note) is amended by striking ``the Arts and''. SEC. 6. TRANSITION PROVISIONS. The Director of the Office of Management and Budget shall provide for the termination of the affairs of the National Endowment for the Arts and the National Council on the Arts, including the appropriate transfer or other disposition of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with implementing the authorities terminated by the amendments made by this Act. SEC. 7. EFFECTIVE DATES. (a) General Effective Date.--Except as provided in subsection (b), this Act shall take effect on the date of enactment of this Act. (b) Effective Date of Amendments.--Sections 2, 3, 4, and 5 shall take effect on the first day of the first fiscal year beginning after the date of enactment of this Act.

National Endowment for the Arts Termination Act of 1997 - Amends the National Foundation on the Arts and the Humanities Act of 1965 to abolish the National Endowment for the Arts (NEA) and the National Council on the Arts (NCA). Renames such Act the National Foundation on the Humanities Act of 1965. Requires the Director of the Office of Management and Budget to provide for the termination of the affairs of the NEA and the NCA.

National Endowment for the Arts Termination Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering Parents and Teachers for a Drug-Free Education Act of 2004''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Fifty-four percent of high school seniors in 2001 had used an illicit drug in their lifetime. (2) Forty-two percent of 12th graders, 37 percent of 10th graders, and 20 percent of 8th graders in 2001 had used an illicit drug in the past year. (3) Eighty percent of 12th graders, 70 percent of 10th graders, and 51 percent of 8th graders in 2001 had used alcohol in their lifetime. (4) Sixty-four percent of 12th graders, 48 percent of 10th graders, and 23 percent of 8th graders in 2001 had been intoxicated. (5) Use of 3,4-methylenedioxy methamphetamine (commonly referred to as ``MDMA'' or ``ecstasy'') by 12th graders increased from 6 percent in 1998 to 11.7 percent in 2001. (6) Schoolchildren who use and abuse addictive illicit drugs or alcohol increase the risk to the health and safety of all students and impact the learning environment of the school because-- (A) use of illicit drugs or alcohol can lead to serious health effects, the development of life- threatening diseases, and even death; (B) use of illicit drugs like marijuana or ecstasy kills brain cells in the learning centers of the brain, directly impacting a student's ability to learn in school; (C) chemicals left in the central nervous system after using marijuana cause the brain to be irritated and uncontrollable, resulting in disruptive behavior in the classroom; (D) students who smoke cigarettes or use other illicit drugs have been shown to have less desire to learn, resulting in lower grade point averages when compared to other students; and (E) students who use illicit drugs or alcohol have a higher rate of breaking school rules. SEC. 3. DRUG-FREE SCHOOL DEMONSTRATION PROGRAMS. (a) Demonstration Programs.--Part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.; also known as the ``Safe and Drug-Free Schools and Communities Act'') is amended-- (1) by redesignating subpart 4 as subpart 5; and (2) by inserting after subpart 3 the following: ``Subpart 4--Drug-Free School Demonstration Programs ``SEC. 4145. DRUG-FREE SCHOOL DEMONSTRATION PROGRAMS. ``(a) Grants.--The Secretary may make grants to local educational agencies and private schools to establish drug-free school demonstration programs described in subsection (b). ``(b) Requirements.--A grant may be made under subsection (a) only if the local educational agency or private school involved agrees to use the funds received under the grant to establish a drug-free school demonstration program that-- ``(1) includes, consistent with the fourth amendment to the Constitution of the United States, random drug testing of students; ``(2) requires that any such testing be conducted using only drug tests approved by the Food and Drug Administration; ``(3) requires that any analysis of such testing be conducted by a drug-testing laboratory certified by the Substance Abuse and Mental Health Services Administration, or approved by the College of American Pathologists, for forensic drug testing; ``(4) requires a review of each positive test result by a medical review officer; ``(5) prohibits any disclosure to law enforcement officials of the results of the random drug testing; ``(6) requires that drug-testing records be kept strictly confidential in accordance with subsection (c); ``(7) requires, upon the submission of a report by a medical review officer under subsection (c)(3) relating to a preliminary positive test result, the destruction of all records relating to the result if the medical review officer does not confirm the result; ``(8) requires the destruction of all records relating to drug or alcohol testing of a student when the student graduates or otherwise leaves the local educational agency or private school involved; ``(9) ensures that the parents of the students to be tested are informed in detail about the random drug-testing program; ``(10) provides parents the right to withdraw their child from participation in the random drug-testing program, and ensures that parents receive notification of such right at the beginning of every school year; ``(11) includes a clear, written policy on school behavior that-- ``(A) prohibits students from attending school or school activities under the influence of illegal drugs or alcohol; ``(B) prohibits the use or possession of illegal drugs in school; and ``(C) sets forth the consequences of violating the prohibitions described in subparagraphs (A) and (B); ``(12) provides drug and alcohol abuse prevention training for a total of not less than 2 hours for each student and staff member of the local educational agency or private school involved; ``(13) provides student access to a student assistance program, including confidential assessment, referral, and short-term problem resolution; and ``(14) provides continuing alcohol, tobacco, and drug abuse prevention education. ``(c) Privacy Protection.--Each drug-free school demonstration program established with assistance made available under this section shall-- ``(1) include, as reasonably necessary and appropriate, practices and procedures to ensure the confidentiality of student drug test results and of any participation by a student in a treatment or rehabilitation program; ``(2) prohibit the mandatory disclosure of medical information by a student unless the student tests positive for drugs; and ``(3) require a medical review officer reviewing student drug test results to report the final results of such tests in writing and in a manner designed to ensure the confidentiality of the results. ``(d) Technical Assistance.--To the extent or in the amounts provided in advance in appropriations Acts, the Secretary may enter into contracts with public and private entities to provide assistance related to carrying out the drug-free school demonstration programs established pursuant to this section. ``(e) Applications.--To seek a grant under this section, a local educational agency or private school shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(f) Definitions.--For purposes of this section: ``(1) The term `medical review officer'-- ``(A) means a licensed physician with knowledge of substance abuse disorders; and ``(B) does not include any-- ``(i) employee of the school involved; or ``(ii) employee or agent of, or any person having a financial interest in, the laboratory for which the drug test results are being reviewed. ``(2) The term `student' means any individual enrolled on school records as eligible to attend, or actually attending, school for educational purposes in any of grades 8 through 12.''. (b) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Education shall submit to the Congress a report on the results of the drug-free school demonstration programs established with assistance under this section. (c) Authorization of Appropriations.--Section 4003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7103) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) $25,000,000 for fiscal year 2005, and for each of fiscal years 2006 and 2007, for drug-free school demonstration programs under subpart 4.''. (d) Conforming Amendment.--The table of contents at section 2 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating the item relating to subpart 4 of part A of title IV as the item relating to subpart 5 of part A of title IV; and (2) by inserting after the item relating to section 4141 the following: ``subpart 4--drug-free school demonstration programs ``4145. Drug-free school demonstration programs.''.

Empowering Parents and Teachers for a Drug-Free Education Act of 2004 - Amends the Elementary and Secondary Education Act of 1965 (under provisions which are also known as the Safe and Drug-Free Schools and Communities Act) to authorize the Secretary of Education to make grants to local educational agencies and private schools to establish drug-free school demonstration programs that include random drug testing of students and meet other specified requirements.

To authorize the Secretary of Education to make grants to local educational agencies and private schools to establish drug-free school demonstration programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Education and Training Act of 2001''. SEC. 2. CREDIT FOR INFORMATION TECHNOLOGY TRAINING PROGRAM EXPENSES. (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: ``SEC. 30B. INFORMATION TECHNOLOGY TRAINING PROGRAM EXPENSES. ``(a) General Rule.--In the case of a taxpayer engaged in a trade or business during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to 100 percent of information technology training program expenses of the taxpayer and any employee of the taxpayer paid or incurred by the taxpayer during such taxable year. ``(b) Limitation.-- ``(1) In general.--The amount of information technology training program expenses with respect to any individual which may be taken into account under subsection (a) for the taxable year shall not exceed $1,500. ``(2) Increase in credit amount for participation in certain programs and for certain individuals.--The dollar amount in paragraph (1) shall be increased (but not above $2,000) by the amount of information technology training program expenses paid or incurred by the taxpayer-- ``(A) with respect to a program operated-- ``(i) in an empowerment zone or enterprise community designated under part I of subchapter U or a renewal community designated under part I of subchapter X, ``(ii) in a school district in which at least 50 percent of the students attending schools in such district are eligible for free or reduced-cost lunches under the school lunch program established under the National School Lunch Act, ``(iii) in an area designated as a disaster area by the Secretary of Agriculture or by the President under the Disaster Relief and Emergency Assistance Act in the taxable year or the 4 preceding taxable years, ``(iv) in a rural enterprise community designated under section 766 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, ``(v) in an area designated by the Secretary of Agriculture as a Rural Economic Area Partnership Zone, ``(vi) in an area over which an Indian tribal government (as defined in section 7701(a)(40)) has jurisdiction, or ``(vii) by an employer who has 200 or fewer employees for each business day in each of 20 or more calendar weeks in the current or preceding calendar year, or ``(B) in the case of an individual with a disability. ``(c) Information Technology Training Program Expenses.--For purposes of this section-- ``(1) In general.--The term `information technology training program expenses' means expenses paid or incurred by reason of the participation of the taxpayer (or any employee of the taxpayer) in any information technology training program if such expenses lead to an industry-accepted information technology certification for the participant. Such term shall only include includes expenses paid for in connection with course work and certification testing which is essential to assessing skill acquisition. ``(2) Information technology training program.--The term `information technology training program' means a program for an industry-accepted information technology certification-- ``(A) by any information technology trade association or corporation, and ``(B) which-- ``(i) is provided for the employees of such association or corporation, or ``(ii) involves-- ``(I) employers, and ``(II) State training programs, school districts, university systems, higher education institutions (as defined in section 101(b) of the Higher Education Act of 1965), or certified commercial information technology training providers. ``(3) Certified commercial information technology training provider.-- ``(A) In general.--The term `certified commercial information technology training provider' means a private sector organization providing an information technology training program which leads to an approved information technology industry certification for the participants. ``(B) Approved industry certification.--For purposes of paragraph (1), an information technology industry certification shall be considered approved if such certification is approved by the Secretary, in consultation with the Information Technology Training Certification Advisory Board. ``(d) Denial of Double Benefit.--No deduction or credit under any other provision of this chapter shall be allowed with respect to information technology training program expenses taken into account for the credit under this section. ``(e) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of section 45A(e)(2) and subsections (c), (d), and (e) of section 52 shall apply. ``(f) Application With Other Credits.--The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under the subpart A and the previous sections of this subpart, over ``(2) the tentative minimum tax for the taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 30B. Information technology training program expenses.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2001. SEC. 3. INFORMATION TECHNOLOGY TRAINING CERTIFICATION ADVISORY BOARD. (a) Establishment.--There is established an Information Technology Training Certification Advisory Board (in this section referred to as the ``Board''). (b) Membership.--The Board shall be composed of not more than 15 members appointed by the Secretary of the Treasury from among individuals-- (1) associated with information technology certification and training associations and businesses; and (2) who are not officers or employees of the Federal Government. (c) Meetings.--The Board shall meet not less often than annually. (d) Chairperson.-- (1) In general.--Subject to paragraph (2), the Board shall elect a Chairperson from among its members. (2) Chairperson.--The chairperson shall be an individual who is a member of an information technology industry trade association. (e) Duties.--The Board shall develop a list of information technology industry certifications, for approval by the Secretary of the Treasury, that qualify the provider of the certification as a certified commercial information technology training provider under section 30B(c)(3) of the Internal Revenue Code of 1986, as added by section (2)(a). (f) Submission of List.--Not later than October 1, 2001, and each year thereafter, the Board shall submit the list required under subsection (e) to the Secretary of the Treasury. (g) Board Personnel Matters.-- (1) Compensation of members.--Each member of the Board shall serve without compensation. (2) Travel expenses.--Each member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. (h) Termination of the Board.--Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board. SEC. 4. HOPE SCHOLARSHIP AND LIFETIME LEARNING CREDITS INCLUDE TECHNOLOGY TRAINING CENTERS. (a) In General.--Section 25A(f)(2) of the Internal Revenue Code of 1986 (relating to eligible educational institution) is amended to read as follows: ``(2) Eligible educational institution.--The term `eligible educational institution' means-- ``(A) an institution-- ``(i) which is described in section 101(b) of the Higher Education Act of 1965, and ``(ii) which is eligible to participate in a program under title IV of such Act, or ``(B) a certified commercial information technology training provider (as defined in section 30B(c)(3)).''. (b) Conforming Amendment.--The second sentence of section 221(e)(2) of the Internal Revenue Code of 1986 is amended by striking ``section 25A(f)(2)'' and inserting ``section 25A(f)(2)(A)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Technology Education and Training Act of 2001 - Amends the Internal Revenue Code to: (1) allow a limited tax credit for information technology training program expenses; and (2) make technology training centers eligible educational institutions for purposes of the Hope scholarship and lifetime learning credits.Establishes an Information Technology Training Certification Advisory Board, which shall develop provider certifications for certified commercial information technology training.

A bill to amend the Internal Revenue Code of 1986 to allow a credit against income tax for information technology training expenses and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vietnam Education Foundation Amendments Act of 2008''. SEC. 2. TRANSFER OF THE FOUNDATION TO THE DEPARTMENT OF STATE. (a) In General.--Section 204 of the Vietnam Education Foundation Act of 2000 (22 U.S.C. 2452 note) is amended to read as follows: ``SEC. 204. ESTABLISHMENT. ``There is established, within the Bureau of Educational and Cultural Affairs of the Department of State, the Vietnam Education Foundation (referred to in this title as the `Foundation').''. (b) Replacement of Board of Directors With Advisory Committee.-- Section 205 of such Act is amended to read as follows: ``SEC. 205. VIETNAM EDUCATION FOUNDATION ADVISORY COMMITTEE. ``(a) Establishment.-- ``(1) In general.--There is established a Vietnam Education Foundation Advisory Committee (referred to in this section as the `Advisory Committee'), which shall provide advice to the Secretary and the Assistant Secretary for Educational and Cultural Affairs regarding the Foundation's activities. ``(2) Membership.--The Advisory Committee shall be composed of 7 members, of whom-- ``(A) 3 shall be appointed by the Secretary; ``(B) 1 shall be appointed by the majority leader of the Senate; ``(C) 1 shall be appointed by the minority leader of the Senate; ``(D) 1 shall be appointed by the Speaker of the House of Representatives; and ``(E) 1 shall be appointed by the minority leader of the House of Representatives. ``(3) Appointment of incumbent members of board of directors.--Members appointed to the Advisory Committee under paragraph (2) may include individuals who were members of the Board of Directors of the Foundation on the date immediately preceding the date of the enactment of the Vietnam Education Foundation Amendments Act of 2008. ``(b) Supervision.--The Foundation shall be subject to the supervision and direction of the Secretary, working through the Assistant Secretary for Educational and Cultural Affairs, and in consultation with the Advisory Committee established under subsection (a).''. (c) Fellowship Program.--Section 206(a) of such Act is amended-- (1) in paragraph (1)(A), by striking ``to study at institutions of higher education in the United States at graduate and post-graduate levels'' and inserting ``for post- secondary studies at institutions of higher education in the United States''; (2) in paragraph (2)-- (A) by striking ``may include funding to improve'' and inserting the following: ``may include funding to-- ``(A) improve''; and (B) by striking the period at the end and inserting the following: ``; and ``(B) prepare the fellowship recipient for post- secondary education in any field described in paragraph (1)(A).''; and (3) by adding at the end the following: ``(3) Priority for basic sciences.--In awarding fellowships under this subsection, the Foundation shall give priority to individuals described in paragraph (1)(A) who are studying the basic sciences.''. (d) Conforming Amendments.--Such Act is amended-- (1) in section 203-- (A) by striking paragraph (1); (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (C) by inserting after paragraph (2), as redesignated, the following: ``(3) Secretary.--The term `Secretary' means the Secretary of State.''; (2) in section 206(e), by striking ``of the Board'' and inserting ``promulgated by the Secretary''; (3) in section 208-- (A) in subsection (a)-- (i) in the subsection heading, by striking ``Board'' and inserting ``Secretary''; and (ii) by striking ``Board'' each place it appears and inserting ``Secretary''; and (B) in subsection (d), by striking ``Board'' and inserting ``Secretary''; and (4) in section 209(b), by striking ``Board'' and inserting ``Secretary''. (e) Mutual Educational and Cultural Exchange Act of 1961.--Section 112(a) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2460(a)) is amended-- (1) in paragraph (8), by striking ``and'' at the end; (2) in paragraph (9), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(10) programs administered by the Vietnam Education Foundation.''. (f) Transfer of Functions.--All functions and assets of the Vietnam Education Foundation are transferred to the Bureau of Educational and Cultural Affairs of the Department of State. The Assistant Secretary for Educational and Cultural Affairs may hire personnel who were employed by the Vietnam Education Foundation on the date before the date of the enactment of this Act, and such other personnel as may be necessary to support the Foundation, in accordance with part III of title 5, United States Code. SEC. 3. AMERICAN RESEARCH COLLEGE IN VIETNAM. (a) Grants Authorized.--The Secretary of State, acting through the Assistant Secretary for Educational and Cultural Affairs, is authorized to award 1 or more grants to institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), which shall be used to participate in a partnership with the Government of the Socialist Republic of Vietnam to establish an American Research College in Vietnam. The purpose of the American Research College shall be to provide a high quality general education to Vietnamese undergraduate students. (b) Application.-- (1) In general.--Each institution of higher education desiring the grant under this section shall submit an application to the Secretary of State at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Competitive basis.--Each grant authorized under subsection (a) shall be awarded on a competitive basis. (c) Source of Grant Funds.--The Secretary of State may use funds made available to the Vietnam Education Foundation under section 207(c) of the Vietnam Education Foundation Act of 2000 (22 U.S.C. 2452 note) for the grant awarded under this section. (d) Limitation.--The Secretary of State shall encourage the Government of the Socialist Republic of Vietnam to make an appropriate financial or in-kind contribution to establish and maintain the college established with grant funds awarded under this section. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date that is 90 days after the date of the enactment of this Act.

Vietnam Education Foundation Amendments Act of 2008 - Amends the Vietnam Education Foundation Act of 2000 to establish the Vietnam Education Foundation within the Bureau of Educational and Cultural Affairs of the Department of State. (Current law establishes the Foundation as an independent establishment in the executive branch.) Transfers all functions and assets of the Foundation to the Bureau. Replaces the existing Board of Directors with a Vietnam Education Foundation Advisory Committee. Revises fellowship provisions to provide: (1) fellowships for post-secondary studies at U.S. institutions of higher education (current law provides fellowships for graduate and postgraduate levels); and (2) fellowship priority for students studying the basic sciences. Authorizes the Secretary of State, through the Assistant Secretary for Educational and Cultural Affairs, to award grants to institutions of higher education for a partnership with the government of the Socialist Republic of Vietnam to establish an American Research College in Vietnam for undergraduate studies.

A bill to amend the Vietnam Education Foundation Act of 2000.

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Consumer Automobile Lease Advertising Improvement Act of 2000''. (b) Reference.--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 Consumer Credit Protection Act. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) There has been a continuing trend toward leasing of automobiles by consumers as an alternative to installment credit sales, with automobile leases now constituting over one- third of all new automobile transactions. (2) Current automobile leasing practices do not provide consumers with consistent or adequate information to permit comparison shopping among lease offerings. Important information about lease costs and terms are not available until the consumer visits an automobile dealership, are typically provided only as part of lease negotiations, and often are not fully disclosed until the signing of the lease documents. (3) Automobile lease advertisements tend to confuse and mislead consumers by highlighting the most attractive terms of leases, by minimizing or omitting additional costs, terms or penalties, and by advertising monthly payment amounts based on lease terms that are different from those customarily offered to or selected by consumers. (4) With leases accounting for a large and growing percentage of all new automobile transactions, there is increasing need for automobile manufacturers, automobile dealers and other firms involved in leasing to provide more relevant and easily understood information in advertising and in writing at the auto dealership to permit consumers to evaluate intelligently the attractiveness of leases offered by an automobile dealership, to compare terms of leases offered and advertised by competing dealerships, and to compare the benefits of automobile leases with alternative purchase transactions. (b) Purpose.--The purpose of the amendments made by this Act is to provide consumers with more relevant and easily understood information regarding the terms and costs of lease offerings earlier in the leasing process to permit consumers to compare lease and purchase options and to comparison shop among competing lease opportunities. SEC. 3. APPLICABLE CONSUMER LEASES. Section 181(1) of the Consumer Credit Protection Act (15 U.S.C. 1667(1)) is amended-- (1) by striking ``$25,000'' and inserting ``$50,000''; and (2) by adding at the end the following: ``The limit on the contractual obligation which comes within such term shall be adjusted annually based upon the change reported in the Consumer Price Index by the Department of Labor in June of the preceding year.''. SEC. 4. GENERAL LEASE ADVERTISING. (a) Amendments.--Section 184(a) (15 U.S.C. 1667c) is amended-- (1) by striking ``(a)'' and inserting ``(a)(1)''; (2) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; (3) by adding at the end the following: ``(2) Identification in a television advertisement of the advertised transaction as a lease, as required by paragraph (1)(A), shall be included in both the audio and video portions of the television advertisement. ``(3) The requirements of this subsection shall apply to all advertisements for a consumer lease, including advertisements on television, radio and videotape; print advertisements in publications, newsletters and fliers; advertisements by toll-free telephone numbers; and advertisements in electronic media, including internet webpages, e-mail, CD-ROMs and interactive computer services.''. (b) Conforming Amendments.--Section 184(c) (15 U.S.C. 1667c(c)) is amended by striking ``subsection (a)'' each time it occurs and inserting ``subsection (a)(1)'' and in paragraph (1) by striking ``paragraphs (1) and (2)'' and inserting ``subparagraphs (A) and (B)''. SEC. 5. ADVERTISEMENT FOR AUTOMOBILE LEASE. Section 184 (15 U.S.C. 1667c) is amended by adding at the end the following: ``(d) Advertisement for Automobile Lease.-- ``(1) In general.--An advertisement to promote a lease for an automobile that includes a scheduled lease payment amount that applies only to a single vehicle, or to a limited number of vehicles of the same vehicle make, model and year, shall clearly and conspicuously state that the advertised payment amount applies only to a single vehicle, or shall clearly and conspicuously state the number of vehicles of the same vehicle make and model to be made available for lease at the advertised payment amount. ``(2) Lease payment amounts.-- ``(A) An advertisement to promote a lease for an automobile that states a lease payment amount, or must state a lease payment amount under subsection (a)(1)(D), shall calculate such payment amount on the basis of a lease payment formula which the Board shall set forth in regulation and which shall be based on the following information-- ``(i) the total capitalized cost of the vehicle model advertised, which shall not be reduced or adjusted by any down payment amount, capitalized cost reduction, vehicle trade-in amount or other required payment; ``(ii) a lease term of twenty-four (24) months, or such other lease term that the Board may determine in regulation as representative of prevailing industry practice; and ``(iii) a mileage allowance before any excess mileage charge may be imposed of 12,000 miles for each year of the lease term, or such other annual mileage allowance which the Board may determine in regulation as providing a more representative estimate of vehicle use and potential costs to the consumer. ``(B) An advertisement to promote a lease for an automobile that states a lease payment for a vehicle model as provided under subparagraph (A) may state a lease payment amount for the same vehicle model that is different than that required to be stated under subparagraph (A): Provided, however, That-- ``(i) the lease payment amount is not presented more prominently than the lease payment amount required to be stated under subparagraph (A); and ``(ii) the advertisement clearly and conspicuously identifies the lease terms or payment amounts that explain the difference between the lease payment amount and the payment amount required to be stated under subparagraph (A).''. SEC. 6. AVAILABILITY OF LEASE INFORMATION. Section 184 (15 U.S.C. 1667c), as amended by section 6, is amended by adding at the end the following: ``(e) Availability of Information.--An automobile dealer that engages in any advertising to promote or assist a consumer lease, or that participates in any advertised national or regional promotion for a consumer lease, shall make available to the public, as appropriate and in such format as the Board shall determine in regulation, the following information: ``(1) Customer incentives.--A written and dated statement that shall be placed in a conspicuous and prominent location in the dealership that sets out clearly and accurately for each vehicle model offered by the dealer, as applicable, the incentives, special offers or promotions available for the benefit of consumers in conjunction with consumer lease, purchase and installment credit transactions, that shall include-- ``(A) special interest rates that are offered by automobile manufacturers, financial institutions and leasing companies; ``(B) special incentives, including cash rebates and vehicle residual percentages that are offered by automobile manufacturers directly to consumers; and ``(C) special incentives and lease terms, including vehicle discounts, residual value percentages and other vehicle promotions that are offered to consumers by the dealer. ``(2) Available leases.--A written and dated statement for each vehicle model that the dealer makes available for lease to consumers that shall be placed in a conspicuous and prominent location in the dealership, and copies of which shall be made available to individual consumers upon request, that sets out clearly and accurately the following terms applicable to leases for such vehicle models-- ``(A) the rebates and other incentives available for consumers; ``(B) the money factor, or lease interest factor, that shall be stated as a decimal number and as an equivalent approximate annual percentage rate; and ``(C) the vehicle residual value, that shall be stated as a percentage of the retail price (MSRP) of such vehicle model.''. SEC. 7. DEFINITIONS. Section 184 (15 U.S.C. 1667c), as amended by sections 6 and 7, is further amended by adding at the end the following: ``(f) Clearly and Conspicuously.-- ``(1) In general.--For purposes of this section, the term `clearly and conspicuously' means-- ``(A) in print advertisements, the required disclosures and explanations of lease terms shall appear in a type size, shade, contrast, prominence, and location as to be readily noticeable, readable, and comprehensible to an ordinary consumer; ``(B) in the video portion of television or videotaped advertisements, the required disclosures shall appear on the screen in a type size, shade, contrast, prominence, and location and for a duration as to be readily noticeable, readable, and comprehensible to an ordinary consumer; ``(C) in the audio portion of television, videotaped, and radio advertisements, the required disclosures shall be delivered in a volume, cadence, and location and for a duration as to be readily noticeable, hearable, and comprehensible to an ordinary consumer; and ``(D) in promotions and advertising in internet webpages, CD-ROMs, or interactive computer services, the required disclosures shall appear in a type size, shade, contrast, prominence, and location as to be readily readable and comprehensible to users and shall be separated from marketing and promotional information and easily accessible under the label or heading `Important Information for Consumers'. ``(2) Limitation.--Nothing contrary to, inconsistent with, or in mitigation of, the required disclosures shall be used in any advertisement in any medium and no audio, video, or print technique shall be used that is likely to obscure or detract significantly from the communication of the disclosures.''. SEC. 8. ADMINISTRATIVE ENFORCEMENT. Chapter 5 of the Consumer Credit Protection Act is further amended by adding the following new section: ``SEC. 187. ADMINISTRATIVE ENFORCEMENT. ``Compliance with section 184 of this chapter shall be enforced by the Federal Trade Commission, except to the extent that enforcement of the requirements imposed under such section is specifically committed to another agency under section 108(a) of this title. For purposes of the exercise by the Commission of its functions and powers under the Federal Trade Commission Act, a violation of section 184 shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions of and powers of the Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person with such section, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce the provisions of such section in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule.''. SEC. 9. REGULATIONS. The Federal Reserve Board, not later than 6 months after the date of the enactment of this Act, shall issue regulations to implement the amendments made by this Act. The Board shall also issue regulations, together with staff commentary if appropriate, to update and clarify the requirements and definitions for lease disclosures and any other issue relating to consumer leasing to carry out the intent of the amendments made by this Act, to implement any initiative to prevent the circumvention of the amendments made by this Act, and to facilitate compliance with the requirements in the amendments.

Prescribes additional lease advertising disclosure requirements for advertising. Sets forth provisions applicable to automobile leasing advertising.

Consumer Automobile Lease Advertising Improvement Act of 2000

SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Nursing Home Staffing Act of 2003''. (b) Purpose.--The purpose of this Act is to improve the quality of care received by residents of nursing facilities through the implementation of the minimum nurse staffing levels identified by the Secretary of Health and Human Services in a report to Congress submitted on March 21, 2002. SEC. 2. IMPLEMENTATION OF NURSE STAFFING STANDARDS. (a) In General.--Sections 1819(b)(4) and 1919(b)(4) of the Social Security Act (42 U.S.C. 1395i-3(b)(4); 1396r(b)(4)) are each amended by adding at the end the following new subparagraph: ``(D) Minimum staffing requirements.-- ``(i) Deadline for compliance with minimum standards.--With respect to facility services provided after the date that is the end of the 2-year period beginning on the date of the enactment of this subparagraph, a facility shall comply with the minimum staffing levels promulgated by the Secretary under clause (ii). ``(ii) Final regulations.-- ``(I) In general.--Not later than 1 year after the date of the enactment of this subparagraph, and consistent with the provisions of this clause, the Secretary shall promulgate standards for minimum staffing levels for facilities. Such standards shall provide for sufficient staffing levels during day, evening, and night shifts to ensure that residents of nursing facilities receive the level of care necessary to meet the objectives of subsection (b)(2), and shall provide for appropriate adjustments to account for resident case mix. ``(II) Minimum standards.--Subject to subclause (III), standards promulgated under subclause (I) shall be, at a minimum, the HHS minimum nurse staffing ratios (as defined in clause (iii)). ``(III) Authority to phase in facility compliance with standards.--If the Secretary determines that compliance with the HHS minimum nurse staffing ratios is not feasible for nursing facilities by the end of the 2- year period applicable under clause (i), the Secretary may delay the implementation of the HHS minimum nurse staffing ratios until the date that is the end of the 5-year period that begins on the date of the enactment of this subparagraph. If the Secretary delays implementation of the HHS minimum nurse staffing ratios under the previous sentence, the Secretary shall phase in over such 5-year period alternative minimum staffing standards that gradually increase in each of the years of the phase-in until the such standards meet the HHS minimum nurse staffing ratios. ``(IV) Counting.--In determining compliance with the staffing levels under this subparagraph, an individual may not be counted while performing services that are not direct nursing care, such as administrative services, food preparation, housekeeping, laundry, maintenance services, or other activities that are not direct nursing care. ``(iii) HHS minimum nurse staffing ratios.--The term `HHS minimum nurse staffing ratios' means the minimum staffing levels identified in the report to Congress entitled `Appropriateness of Minimum Nurse Staffing Ratios in Nursing Homes, Report to Congress: Phase II Final' submitted by the Secretary on March 21, 2002, which require-- ``(I) from 2.4 to 2.8 hours of care per resident per day by a certified nurse aide, and ``(II) from 1.15 to 1.3 hours of care per resident per day by a licensed practical nurse, a licensed vocational nurse, or a registered nurse, of which from 0.55 to 0.75 hours of care per resident per day shall be provided by a registered nurse. ``(iv) Construction.-- ``(I) Nonpreemption.--Nothing in this subparagraph shall be construed as prohibiting the Secretary or a State (in the case of title XIX) from imposing higher minimum staffing levels on facilities than those imposed under this subparagraph. ``(II) Minimum standards only.-- Compliance with the staffing requirements imposed under this subparagraph alone shall not be construed as complying with the requirement under paragraph (2) to provide services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident. ``(III) Supplementary requirements.--The staffing requirements of this subparagraph are in addition to the requirements of subparagraph (C).''. (b) Posting of Staffing Information.-- (1) In general.--The first sentence of subparagraph (A) of sections 1819(b)(8) and 1919(b)(8) of the Social Security Act (42 U.S.C. 1395i-3(b)(8); 1396r(b)(8)) are each amended by inserting before the period the following: ``, a description of the minimum staffing requirements under paragraph (4)(D), and the average number of hours of nursing care that residents of the facility have received for each of the four previous calendar quarters''. (2) Reports.--Such sections are each amended by adding at the end the following new subparagraph: ``(C) Reports of staffing data.--A facility shall maintain records on nurse staffing, and shall submit such reports of such records to the Secretary as the Secretary may require for the administration and enforcement of this section. Such records shall be reviewed for accuracy as part of a standard survey required under subsection (g)(2)(A).''. SEC. 3. INCREASED RESOURCES. (a) Reinstitution of Boren Amendment Payment Methodology.-- (1) In general.--Section 1902(a)(13) of the Social Security Act (42 U.S.C. 1396a(a)(13)) is amended to read as follows: ``(13) provide for payment of services through the use of rates determined pursuant to the criteria under this paragraph as in effect on August 1, 1997;''. (2) Establishment of safe harbor rates.--Section 1902 of such Act (42 U.S.C. 1396a) is amended by adding at the end the following: ``The Secretary may, by regulation, promulgate standards or methodologies for determining rates that comply with paragraph (13), and a State that pays rates that meet such standards or methodologies is deemed to be in compliance with paragraph (13).''. (3) Effective date.--The amendment made by this subsection shall apply to services furnished on or after the date that is one year after the date of the enactment of this Act. (b) Permanent 1.5 Percent Increase of Medicaid FMAP Beginning With Fiscal Year 2004.--Section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended by adding at the end the following: ``With respect to calendar quarters beginning after October 1, 2003, the Federal medical assistance percentage for a State determined under the first sentence shall be increased by 1.50 percentage points.''. (c) Financial Accountability.-- (1) In general.--Sections 1819(g)(2) and 1919(g)(2) of the Social Security Act (42 U.S.C. 1395i-3(g)(2); 1396r(g)(2)) are each amended-- (A) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F); and (B) by inserting after subparagraph (B) the following new subparagraph: ``(C) Financial accountability.--A standard or an extended survey may include an examination of the financial records of a facility to determine whether payments made to the facility under this section for services furnished to residents are being used in a manner consistent with this section.''. (2) Composition of multidisciplinary team.--Sections 1819(g)(2)(E)(i) and 1919(g)(2)(E)(i) of the Social Security Act (42 U.S.C. 1395i-3(g)(2)(E)(i); 1396r(g)(2)(E)(i)) are each amended by inserting after the period the following: ``This multidisciplinary team may include professionals trained in financial accounting and auditing.'' (3) Effective date.--The amendments made by paragraph (1) shall apply to surveys conducted on or after the date of the enactment of this Act.

Nursing Home Staffing Act of 2003 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services to promulgate standards for minimum nurse staffing levels in nursing facilities receiving Medicare or Medicaid payments. Reinstitutes (Boren amendment) payment methodology, providing for payment of Medicaid services through the use of rates determined pursuant to the criteria under State Medicaid plan requirements as in effect on August 1, 1997. Establishes safe harbor rates. Provides a permanent 1.50 percent increase of the Medicaid Federal medical assistance percentage (FMAP) for a State beginning with FY 2004. Authorizes inclusion of: (1) financial accountability requirements in the survey and certification process with respect to facilities receiving Medicare or Medicaid payments; and (2) professionals trained in financial accounting and auditing in the multidisciplinary survey teams of professionals under Medicare and Medicaid.

To amend titles XVIII and XIX of the Social Security Act to establish minimum requirements for nurse staffing in nursing facilities receiving payments under the Medicare or Medicaid Program.

SECTION 1. FINDINGS. Congress finds the following: (1) Adak Island is an isolated island located 1,200 miles southwest of Anchorage, Alaska, between the Pacific Ocean and the Bering Sea. The island, with its unique physical and biological features, including a deepwater harbor and abundant marine-associated wildlife, was recognized early for both its natural and military values. In 1913, Adak Island was reserved and set aside as a preserve because of its value to seabirds, marine mammals, and fisheries. Withdrawals of portions of Adak Island for various military purposes date back to 1901 and culminated in the 1959 withdrawal of approximately half of the island for use by the Department of the Navy for military purposes. (2) By 1990, military development on Adak Island supported a community of 6,000 residents. Outside of the Adak Naval Complex, there was no independent community on Adak Island. (3) As a result of the Defense Base Closure and Realignment Act of 1990 (104 Stat. 1808), the Adak Naval Complex has been closed by the Department of Defense. (4) The Aleut Corporation is an Alaskan Native Regional Corporation incorporated in the State of Alaska pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). The Aleut Corporation represents the indigenous people of the Aleutian Islands who prior to the Russian exploration and settlement of the Aleutian Islands were found throughout the Aleutian Islands, which includes Adak Island. (5) None of Adak Island was available for selection by The Aleut Corporation under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) because it was part of a national wildlife refuge and because the portion comprising the Adak Naval Complex was withdrawn for use by the United States Navy for military purposes prior to the passage of the Alaska Native Claims Settlement Act in December 1971. (6) The Aleut Corporation is attempting to establish a community on Adak and has offered to exchange Alaska Native Claims Settlement Act land selections and entitlements for conveyance of certain lands and interests therein on a portion of Adak formerly occupied by the Navy. (7) Removal of a portion of the Adak Island land from refuge status will be offset by the acquisition of high-quality wildlife habitat in other Aleut Corporation selections within the Alaska Maritime National Wildlife Refuge, maintaining a resident human population on Adak to control caribou, and making possible a continued United States Fish and Wildlife Service presence in that remote location to protect the natural resources of the Aleutian Islands Unit of the Alaska Maritime National Wildlife Refuge. (8) It is in the public interest to promote reuse of the Adak Island lands by exchanging certain lands for lands selected by The Aleut Corporation elsewhere in the Alaska Maritime National Wildlife Refuge. Experience with environmental problems associated with formerly used defense sites in the State of Alaska suggests that the most effective and efficient way to avoid future environmental problems on Adak is to support and encourage active reuse of Adak. SEC. 2. RATIFICATION OF AGREEMENT. The document entitled the ``Agreement Concerning the Conveyance of Property at the Adak Naval Complex'' (hereinafter referred to as the ``Agreement''), and dated September 20, 2000, executed by The Aleut Corporation, the Department of the Interior, and the Department of the Navy, together with any technical amendments or modifications to the boundaries that may be agreed to by the parties, is hereby ratified, confirmed, and approved and the terms, conditions, procedures, covenants, reservations, indemnities and other provisions set forth in the Agreement are declared to be obligations and commitments of the United States as a matter of Federal law. Modifications to the maps and legal descriptions of lands to be removed from the National Wildlife Refuge System within the military withdrawal on Adak Island set forth in Public Land Order 1949 may be made only upon agreement of all Parties to the Agreement and notification given to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The acreage conveyed to the United States by The Aleut Corporation under the Agreement, as modified, shall be at least 36,000 acres. SEC. 3. REMOVAL OF LANDS FROM REFUGE. Effective on the date of conveyance to the Aleut Corporation of the Adak Exchange Lands as described in the Agreement, all such lands shall be removed from the National Wildlife Refuge System and shall neither be considered as part of the Alaska Maritime National Wildlife Refuge nor subject to any laws pertaining to lands within the boundaries of the Alaska Maritime National Wildlife Refuge. The conveyance restrictions imposed by section 22(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(g)) for land in the National Wildlife Refuge System shall not apply. The Secretary shall adjust the boundaries of the Refuge so as to exclude all interests in lands and land rights, surface and subsurface, received by The Aleut Corporation in accordance with this Act and the Agreement. SEC. 4. ALASKA NATIVE CLAIMS SETTLEMENT ACT. Lands and interests therein exchanged and conveyed by the United States pursuant to this Act shall be considered and treated as conveyances of lands or interests therein under the Alaska Native Claims Settlement Act, except that receipt of such lands and interests therein shall not constitute a sale or disposition of land or interests received pursuant to such Act. The public easements for access to public lands and waters reserved pursuant to the Agreement are deemed to satisfy the requirements and purposes of section 17(b) of the Alaska Native Claims Settlement Act. SEC. 5. REACQUISITION OF LANDS. The Secretary of the Interior is authorized to acquire by purchase or exchange, on a willing seller basis only, any land conveyed to The Aleut Corporation under the Agreement and this Act. In the event any of the lands are subsequently acquired by the United States, they shall be automatically included in the Refuge System. The laws and regulations applicable to refuge lands shall then apply to these lands and the Secretary shall then adjust the boundaries accordingly. SEC. 6. GENERAL PROVISIONS. (a) Conveyance of Navy Personal Property.--Notwithstanding any other provision of law, and for the purposes of the transfer of property authorized by this Act, Department of Navy personal property that remains on Adak Island is deemed related to the real property and shall be conveyed by the Department of the Navy to The Aleut Corporation, at no additional cost, when the related real property is conveyed by the Department of the Interior. (b) Additional Conveyance.--The Secretary of the Interior shall convey to the Aleut Corporation those lands identified in the Agreement as the former landfill sites without charge to the Aleut Corporation's entitlement under the Alaska Native Claims Settlement Act. (c) Valuation.--For purposes of section 21(c) of the Alaska Native Claims Settlement Act, the receipt of all property by The Aleut Corporation shall be entitled to a tax basis equal to fair value on date of transfer. Fair value shall be determined by replacement cost appraisal. (d) Certain Property Treated as Not Developed.--Any property, including, but not limited to, appurtenances and improvements, received pursuant to this Act shall, for purposes of section 21(d) of the Alaska Native Claims Settlement Act and section 907(d) of the Alaska National Interest Lands Conservation Act be treated as not developed until such property is actually occupied, leased (other than leases for nominal consideration to public entities) or sold by The Aleut Corporation, or, in the case of a lease or other transfer by The Aleut Corporation to a wholly owned development subsidiary, actually occupied, leased, or sold by the subsidiary. (e) Certain Lands Unavailable for Selection.--Upon conveyance to The Aleut Corporation of the lands described in Appendix A of the Agreement, the lands described in Appendix C of the Agreement will become unavailable for selection under the Alaska Native Claims Settlement Act. (f) Maps.--The maps included as part of Appendix A to the Agreement depict the lands to be conveyed to The Aleut Corporation. The maps are on file at the Region 7 Office of the United States Fish and Wildlife Service and the offices of the Alaska Maritime National Wildlife Refuge in Homer, Alaska. The written legal descriptions of the lands to be conveyed to The Aleut Corporation are also part of Appendix A. In case of discrepancies, the maps shall control.

Ratifies, confirms, and approves the "Agreement Concerning the Conveyance of Property at the Adak Naval Complex" executed by the Aleut Corporation and the Departments of the Interior and the Navy. Declares the provisions set forth in the Agreement to be obligations and commitments of the United States.Provides that the Adak exchange lands shall be removed from the National Wildlife Refuge System (NWRS) and shall not be considered as part of the Alaska Maritime National Wildlife Refuge or subject to laws pertaining to lands within such Refuge.Treats lands and interests exchanged and conveyed by the United States pursuant to this Act as conveyances under the Alaska Native Claims Settlement Act (ANCSA), except that receipt shall not constitute a sale or disposition of land or interests pursuant to such Act.Authorizes the Secretary of the Interior to acquire any land conveyed to the Corporation under the Agreement and this Act. Includes acquired lands in the NWRS.Deems, for purposes of the transfer of property authorized by this Act, Department of Navy personal property that remains on Adak Island to be related to the real property and requires such personal property to be conveyed by such Department to the Corporation when the related real property is conveyed.Requires the Secretary to convey those lands identified in the Agreement as the former landfill sites to the Corporation without charge to its entitlement under ANCSA.Provides that, upon conveyance to the Corporation of certain lands described in the Agreement, specified other lands will become unavailable for selection under ANCSA.

To ratify an agreement between The Aleut Corporation and the United States of America to exchange land rights received under the Alaska Native Claims Settlement Act for certain land interests on Adak Island, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Service to Country Reimbursement Act of 2003''. SEC. 2. ASSISTANCE FOR STATE AND LOCAL GOVERNMENTS THAT CONTINUE TO PAY EMPLOYEES WHO SERVE ON ACTIVE DUTY IN A RESERVE COMPONENT OF THE UNIFORMED SERVICES. (a) In General.--Chapter 17 of title 37, United States Code, is amended by adding at the end the following new section: ``Sec. 910. Assistance for State and local governments that continue to pay employees who serve on active duty ``(a) Continuation of Civilian Basic Pay.--It is the purpose of this section to encourage States and local governments to continue to pay a portion of the civilian compensation of those employees who are also members of a reserve component and are absent from a position of employment with the State or local government under a call or order to serve on active duty for a period of more than 30 days so that the employees receive compensation in an amount that, when taken together with their military pay, is at least equal to their civilian compensation. ``(b) Reimbursement Offered.--At the request of a State or local government that continues to pay all or a portion of the civilian compensation of an employee described in subsection (a), the Secretary concerned shall reimburse the State or local government for the civilian compensation paid by the State or local government for each pay period described in subsection (c), but not to exceed the difference (if any) between-- ``(1) the amount of civilian compensation that would otherwise have been payable to the employee for such pay period if the employee's civilian employment with the State or local government had not been interrupted by the service on active duty; and ``(2) the amount of military pay that is payable to the employee for the service on active duty and is allocable to such pay period. ``(c) Pay Periods.--Reimbursement shall be provided under this section with respect to each pay period (which would otherwise apply if the employee's civilian employment had not been interrupted) that occurs-- ``(1) while the employee serves on active duty for a period of more than 30 days; ``(2) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or ``(3) during the 14-day period beginning at the end of such active duty or the end of the period referred to in paragraph (2). ``(d) Effect of Failure To Return to Employment.--(1) If an employee described in subsection (a), with respect to whom reimbursement is provided to a State or local government under this section, fails to report or apply for employment or reemployment with the State or local government by the end of the period referred to in subsection (c)(3), the employee shall refund to the Secretary concerned the total amount of the reimbursement provided with respect to the employee. ``(2) Subject to paragraph (3), an obligation to refund moneys to the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. ``(3)(A) The Secretary concerned may waive, in whole or in part, a refund required under paragraph (1) if the Secretary concerned determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. ``(B) The Secretary concerned shall waive a refund required under paragraph (1) if the Secretary concerned determines that the failure of the employee in question to report or apply for employment or reemployment was due to an injury or disability of the employee that is not the fault of the employee. ``(4) A discharge in bankruptcy under title 11 that is entered less than five years after the end of the period referred to in subsection (c)(3) does not discharge the employee from a debt arising under paragraph (1). This paragraph applies to any case commenced under title 11 after the date of the enactment of this section. ``(e) Regulations.--The Secretaries concerned shall prescribe regulations to carry out this section. ``(f) Definitions.--In this section: ``(1) The term `civilian compensation' means the wages or salary that an employee of a State or local government normally receives from the employee's employment by the State or local government. ``(2) The term `local government' means an agency or political subdivision of a State. ``(3) The term `military pay' has the meaning given the term `pay' in section 101(21) of this title. ``(4) The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and other territories or possessions of the United States.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of title 37, United States Code, is amended by inserting after the item relating to section 909 the following new item: ``910. Assistance for State and local governments that continue to pay employees who serve on active duty.''. (c) Application of Amendment.--Section 910 of title 37, United States Code, as added by subsection (a), shall apply with respect to pay periods (as described in subsection (b) of such section) beginning on or after the date of the enactment of this Act.

Service to Country Reimbursement Act of 2003 - Requires the Secretary of the military department concerned (Secretary), at the request of a State or local government that continues to pay all or a portion of the civilian compensation of an employee while that employee is absent due to a call or order to serve on active military duty for a period of more than 30 days, to reimburse the State or local government up to an amount not to exceed the difference between: (1) the amount of civilian compensation that would otherwise have been payable to the employee if the employee's civilian compensation had not been interrupted by active-duty service; and (2) the amount of military pay that is payable to such employee for the active duty service performed. Requires an employee who fails to return to such civilian employment to refund to the Secretary the total amount of reimbursement provided with respect to that employee, but allows the Secretary to waive such refund requirement if such recovery would be against equity and good conscience or contrary to the best interests of the United States. Requires the Secretary to waive such refund if the failure of the employee to report or apply was due to an injury or disability that is not the fault of the employee.

A bill to amend title 37, United States Code, to provide financial assistance to State and local governments that continue to pay employees who serve on active duty in a reserve component of the uniformed services.

SECTION 1. ESTABLISHMENT OF DEMONSTRATION GRANT PROGRAM. (a) In General.--Part D of title IV of the Job Training Partnership Act (29 U.S.C. 1737 et seq.) is amended by inserting after section 456 the following new section: ``SEC. 457. EMPLOYMENT INFORMATION NETWORK DEMONSTRATION GRANT PROGRAM. ``(a) Authorization.-- ``(1) In general.--From the amounts reserved under section 3(c)(6) for each fiscal year to carry out this section, the Secretary shall provide a grant to a private nonprofit organization for the purpose of establishing an employment information network to provide job search services in an eligible community described in paragraph (2). ``(2) Eligible community.--An eligible community described in this paragraph is a community which is part of an area with respect to which the President, within the 3-year period ending on the date of the enactment of this section, has declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that a major disaster or emergency exists relating to urban social unrest. ``(3) Period of grant.--A grant received under paragraph (1) may extend for a period of not less than 3 fiscal years. ``(b) Application.--The Secretary may provide a grant to a private nonprofit organization under subsection (a) only if such organization submits to the Secretary an application which contains such information as the Secretary may reasonably require. ``(c) Use of Funds.-- ``(1) Establishment of network.-- ``(A) In general.--A private nonprofit organization shall use amounts received from a grant under subsection (a) to establish an employment information network (in this section referred to as the `network') to provide job search services to unemployed individuals, underemployed individuals, and economically disadvantaged individuals in an eligible community described in subsection (a)(2). ``(B) Composition.--The network shall be composed of businesses, educational organizations, governmental entities, labor organizations, and community-based organizations. ``(2) Activities of network.--The network shall-- ``(A) establish and carry out job fairs to help put unemployed individuals, underemployed individuals, and economically disadvantaged individuals in touch with prospective employers and community-based organizations; ``(B) establish and carry out seminars and workshops relating to job search skills, interviewing skills, job retention skills, and other related job search and employment skills; ``(C) at least once a week, publish and distribute a periodical containing detailed information on available jobs in the community; and ``(D) utilize the local broadcast media to provide information relating to available jobs in the community. ``(d) Reports.-- ``(1) Reports to secretary.--The Secretary may provide a grant to a private nonprofit organization under subsection (a) only if such organization agrees to submit to the Secretary, in each fiscal year in which the Secretary makes payments under such grant to such organization, a report containing-- ``(A) a description and evaluation of the activities of the Network established under subsection (c); and ``(B) any other information as the Secretary may reasonably require. ``(2) Reports to congress.-- ``(A) Interim reports.--Not later than 180 days after the date on which the Secretary receives from a private nonprofit organization a report under paragraph (1) in both the 1st and 2d fiscal years in which the Secretary makes payments under a grant to such organization, the Secretary shall submit to the President and the Congress an interim report containing a compilation of the information contained in each such report received under paragraph (1). ``(B) Final report.--Not later than 180 days after the date on which the Secretary receives from a private nonprofit organization a report under paragraph (1) in the 3d fiscal year in which the Secretary makes payments under a grant to such organization, the Secretary shall submit to the President and the Congress a final report containing-- ``(i) a compilation of the information contained in such report received under paragraph (1); and ``(ii) an evaluation of the effectiveness of the demonstration grants authorized under subsection (a).''. (b) Authorization of Appropriations.--Subsection (c) of section 3 of such Act is amended by adding at the end the following new paragraph: ``(6)(A) From the amount appropriated under paragraph (1) for each of the fiscal years 1994 through 1996, the Secretary, after making the reservations under paragraph (2), shall reserve $2,600,000 for each such fiscal year to carry out section 457. ``(B) Amounts appropriated under paragraph (1) shall remain available until expended.''. (c) Conforming Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 456 the following new item: ``Sec. 457. Employment Information Network Demonstration Program.''.

Amends the Job Training Partnership Act to direct the Secretary of Labor to make a demonstration grant to a private nonprofit organization to establish an employment information network to provide job services in a community which is part of an area with respect to which the President, within the three years ending on the date of enactment of this Act, has declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act that a major disaster or emergency exists relating to urban social unrest.

To amend the Job Training Partnership Act to establish a demonstration grant program for the purpose of establishing an employment information network to provide job search services to unemployed individuals, underemployed individuals, and economically disadvantaged individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fuel Supply Improvement Act of 2005''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Hurricane Katrina, which struck the Gulf Coast and New Orleans, Louisiana, on August 29, 2005, substantially disrupted petroleum production, refining, and pipeline systems in the region, impacting energy prices and supply nationwide. (2) In the immediate aftermath of Katrina, United States refining capacity was reduced by more than 2,000,000 barrels per day. While some capacity was restored within several days, 4 refineries with a total capacity of 879,000 barrels per day, roughly 5 percent of pre-Katrina capacity, remain offline. These refineries sustained major damage and will not reopen for an extended period of time. (3) Within a week of the hurricane's landfall, the national average retail price for motor vehicle gasoline rose by 46 cents to $3.069 per gallon. Prices of other refined fuels also rose quickly in response to the hurricane. (4) Before Katrina, United States refining capacity was already significantly strained, with industry average utilization rates of 95 percent of capacity or higher. (5) No new refinery has been constructed in the United States since 1976. There are 148 operating refineries in the United States, down from 324 in 1981. Total capacity at operating refineries is 17,000,000 barrels per day, while total United States demand averages nearly 21,000,000 barrels per day. This growing gap is met by an increasing amount of imports of refined products from foreign sources. (6) A growing reliance on foreign sources of refined petroleum products impairs our national security interests. (7) It serves the national interest to increase refinery capacity for gasoline, heating oil, diesel fuel, and jet fuel wherever located within the United States, to bring more supply to the markets for use by the American people. Production and use of refined petroleum products has a significant impact on interstate commerce. (8) Refiners are subject to significant environmental and other regulations and face several new Clean Air Act requirements over the next decade. New Clean Air Act requirements may benefit the environment but will also require substantial capital investment and additional government permits. (9) More regulatory certainty for refinery owners is needed to stimulate investment in increased refinery capacity. Required procedures for regulatory approvals need to be streamlined to ensure that increased refinery capacity can be developed and operated in a safe, timely, and cost-effective manner. SEC. 3. EXPEDITED FEDERAL PERMITTING. (a) In General.--Except as provided in subsection (b), an application for a permit under a law described in subsection (c) to construct or expand a petroleum refining facility in the United States shall be approved not later than 90 days after a complete application is received. If such permit is not approved within 90 days, the Secretary of Energy, in consultation with the Office of Regulatory Assistance, shall issue the permit. The Secretary of Energy shall coordinate Federal implementation of this subsection. (b) Presidential Determination.--A permit shall not be approved under subsection (a) if the President determines that the benefits to the United States of increased refinery capacity that would be provided by the proposed construction or expansion are outweighed by the costs of approving the permit. A decision by the President to not make a determination under this subsection shall not be subject to judicial review. (c) Covered Laws.--This section applies only to permits under the Clean Air Act, the Federal Water Pollution Control Act, the Safe Drinking Water Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Solid Waste Disposal Act, the Toxic Substances Control Act, the National Historic Preservation Act, and the National Environmental Policy Act of 1969. (d) Applicability.--This section shall apply to any refinery repair or reconstruction at an existing refinery undertaken in the area affected by Hurricane Katrina and undertaken as a result of Hurricane Katrina. This section shall not apply during a period with respect to which the Secretary of Energy has certified to Congress in writing that United States domestic petroleum refining capacity is sufficient to serve the needs of the United States, accounting for the possibility of natural disasters, terrorist attacks, fires, routine maintenance, the effects of unique fuel blends, or other potential events. SEC. 4. LITIGATION. (a) Direct Legal Representation.--At the request of the applicant, the Secretary of Energy shall provide direct legal representation for a person who has filed an application described in section 3(a) for any lawsuit brought against such person or the Federal Government under such a law with respect to the permit approval procedure or construction or expansion of the facility to which the application relates, if the Secretary believes the lawsuit lacks merit, is brought solely to delay the completion of the facility, or will have the effect of delaying the completion of the facility in a period when United States domestic refining capacity is insufficient. (b) Attorneys' Fees.--Any party in an action with respect to the approval of an application described in section 3(a), or the construction or expansion of the facility to which the application relates, shall be awarded attorneys' fees in proportion to the amount of the original claim that is awarded or denied by the court. SEC. 5. OFFICE OF REGULATORY ASSISTANCE. The Secretary of Energy shall establish an office whose sole purpose is to assist applicants in developing permit applications, planning, and otherwise pursuing the construction or expansion of a petroleum refining facility in the United States. This assistance shall include-- (1) serving as an advocate for the applicant to the permitting agencies; (2) ensuring that permitting agencies are responsive to applicants; (3) ensuring that permits are issued by statutory deadlines; and (4) consulting with the Secretary of Energy to offer advice relating to issuing a permit for an agency that has not met deadlines contained in section 3(a). SEC. 6. STANDBY SUPPORT FOR CERTAIN PETROLEUM REFINING FACILITY DELAYS. (a) Contract Authority.-- (1) In general.--The Secretary of Energy may enter into contracts under this section with sponsors of 6 new petroleum refining facilities, each with an output of at least 150,000 barrels per day, in accordance with paragraph (2). The Secretary shall give preference to new refineries that will increase the geographic diversity of existing United States domestic refining capacity. (2) Requirement for contracts.-- (A) Definition of loan cost.--In this paragraph, the term ``loan cost'' has the meaning given the term ``cost of a loan guarantee'' under section 502(5)(C) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(C)). (B) Establishment of accounts.--There is established in the Department of Energy 2 separate accounts, which shall be known as the-- (i) ``Refinery Standby Support Program Account''; and (ii) ``Refinery Standby Support Grant Account''. (C) Requirement.--The Secretary shall not enter into a contract under this section unless the Secretary deposits-- (i) in the Refinery Standby Support Program Account established under subparagraph (B), funds appropriated to the Secretary in advance of the contract or a combination of appropriated funds and loan guarantee fees that are in an amount sufficient to cover the loan costs described in subsection (c)(5)(A); and (ii) in the Refinery Standby Support Grant Account established under subparagraph (B), funds appropriated to the Secretary in advance of the contract, paid to the Secretary by the sponsor of the petroleum refining facility, or a combination of appropriations and payments that are in an amount sufficient cover the costs described in subsection (c)(5)(B). (b) Covered Delays.-- (1) Inclusions.--Under each contract authorized by this section, the Secretary shall pay the costs specified in subsection (c), using funds appropriated or collected for the covered costs, if full operation of the petroleum refining facility is delayed by-- (A) the failure of the appropriate Federal agency to comply with schedules for review and approval of inspections, tests, analyses, and acceptance criteria; or (B) litigation that delays the commencement of full operations of the petroleum refining facility. (2) Exclusions.--The Secretary may not enter into any contract under this section that would obligate the Secretary to pay any costs resulting from-- (A) the failure of the sponsor to take any action required by law or regulation; (B) events within the control of the sponsor; or (C) normal business risks. (c) Covered Costs.-- (1) In general.--Subject to paragraphs (2), (3), and (4), the costs that shall be paid by the Secretary pursuant to a contract entered into under this section are the costs that result from a delay covered by the contract. (2) Initial 2 facilities.--In the case of the first 2 facilities on which construction is commenced, the Secretary shall pay-- (A) 100 percent of the covered costs of delay; but (B) not more than $500,000,000 per contract. (3) Subsequent 4 facilities.--In the case of the next 4 facilities on which construction is commenced, the Secretary shall pay-- (A) 50 percent of the covered costs of delay that occur after the initial 180-day period of covered delay; but (B) not more than $250,000,000 per contract. (4) Conditions on payment of certain covered costs.-- (A) In general.--The obligation of the Secretary to pay the covered costs described in subparagraph (B) of paragraph (5) is subject to the Secretary receiving from appropriations or payments from other non-Federal sources amounts sufficient to pay the covered costs. (B) Non-federal sources.--The Secretary may receive and accept payments from any non-Federal source, which shall be made available without further appropriation for the payment of the covered costs. (5) Types of covered costs.--Subject to paragraphs (2), (3), and (4), the contract entered into under this section for a petroleum refining facility shall include as covered costs those costs that result from a delay during construction and in gaining approval for full operation, including-- (A) principal or interest on any debt obligation of a petroleum refining facility owned by a non-Federal entity; and (B) the incremental difference between-- (i) the fair market price of refined petroleum products purchased to meet the contractual supply agreements that would have been met by the petroleum refining facility but for the delay; and (ii) the contractual price of refined petroleum products from the petroleum refining facility subject to the delay. (d) Requirements.--Any contract between a sponsor and the Secretary covering a petroleum refining facility under this section shall require the sponsor to use due diligence to shorten, and to end, the delay covered by the contract. (e) Reports.--For each petroleum refining facility that is covered by a contract under this section, the Secretary shall submit to Congress quarterly reports summarizing the status of regulatory and other actions associated with the petroleum refining facility. (f) Regulations.-- (1) In general.--Subject to paragraphs (2) and (3), the Secretary shall issue such regulations as are necessary to carry out this section. (2) Interim final rulemaking.--Not later than 270 days after the date of enactment of this Act, the Secretary shall issue for public comment an interim final rule regulating contracts authorized by this section. (3) Notice of final rulemaking.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a notice of final rulemaking regulating the contracts. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 7. NEW SOURCE REVIEW UNDER THE CLEAN AIR ACT. Part A of title I of the Clean Air Act (42 U.S.C. 7401 and following) is amended by adding the following new section at the end thereof: ``SEC. 132 NEW SOURCE REVIEW. ``In promulgating regulations respecting new source review under this Act, the Administrator shall include in such regulations provisions providing that routine maintenance and repair shall not constitute a modification of an existing source requiring compliance with new source review requirements. Such provisions shall provide that equipment replacement shall be considered routine maintenance and repair if it meets each of the following requirements: ``(1) It does not increase actual emissions of any air pollutant by more than 5 percent. ``(2) It does not increase actual emissions of any air pollutant by more than 40 tons per year. Notwithstanding any other provision of this Act, no State may include in any State implementation plan any provisions regarding new source review that are more stringent than those contained in the regulations of the Administrator under this section.''. SEC. 8. DISCOUNTED SALES OF ROYALTY-IN-KIND OIL TO QUALIFIED SMALL REFINERIES. (a) Requirement.--The Secretary of the Interior shall issue and begin implementing regulations by not later than 60 days after the date of the enactment of this Act, under which the Secretary shall charge a discounted price in any sale to a qualified small refinery of crude oil obtained by the United States as royalty-in-kind. (b) Amount of Discount.--The regulations shall provide that the amount of any discount applied pursuant to this section in any sale of crude oil to a qualified small refinery-- (1) shall reflect the actual costs of transporting such oil from the point of origin to the qualified small refinery; and (2) shall not exceed $4.50 per barrel of oil sold. (c) Termination of Discount.--This section and any regulations issued under this section shall not apply on and after any date on which the Secretary of Energy determines that United States domestic refining capacity is sufficient. (d) Qualified Small Refinery.--In this section the term ``qualified small refinery'' means a refinery of a small business refiner (as that term is defined in section 45H(c)(1) of the Internal Revenue Code of 1986) that demonstrates to the Secretary of the Interior that it had unused crude oil processing capacity in 2004. SEC. 9. CONSTITUTIONAL AUTHORITY. The Constitutional authority on which this Act rests is the power of Congress to regulate Commerce among the several States as enumerated in Article I, Section 8, Clause 3 of the United States Constitution.

Fuel Supply Improvement Act of 2005 - Prescribes guidelines to expedite federal permitting procedures for construction or expansion of a domestic petroleum refining facility. Applies such expedited permit procedures exclusively to permits under specified environmental protection statutes. Directs the Secretary of Energy, upon applicant request, to provide direct legal representation to a refining facility applicant to defend against a lawsuit regarding the permit approval procedure, or facility construction or expansion, if the Secretary believes the lawsuit is without merit, is brought solely to delay facility completion, or will have the effect of delaying facility completion in a period when U.S. domestic refining capability is insufficient. Instructs the Secretary to establish an office of regulatory assistance whose sole purpose is to assist applicants with permit applications, planning, and otherwise pursuing the construction or expansion of a domestic petroleum refining facility. Grants the Secretary contracting authority with sponsors of new large-sized petroleum refining facilities. Establishes in the Department of Energy the Refinery Standby Support Program Account and the Refinery Standby Support Grant Account to cover loan costs and costs resulting from certain construction delays. Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency to provide within new source review regulations that equipment replacement shall be considered routine maintenance and repair if it: (1) does not increase actual emissions of any air pollutant by more than 5%; and (2) does not increase actual emissions of any air pollutant by more than 40 tons per year. Directs the Secretary of the Interior to charge a discounted price in any sale to a qualified small refinery of crude oil obtained by the United States as royalty-in-kind.

To expedite the construction of new refining capacity in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Courthouse Safety Act of 2012''. SEC. 2. SECURITY TRAINING. Part D of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3741 et seq.) is amended by adding at the end the following: ``SEC. 403. PREVENTING VIOLENCE AGAINST LAW ENFORCEMENT AND ENSURING OFFICER RESILIENCE AND SURVIVABILITY. ``The Director may carry out a training and technical assistance program designed to teach employees of State, local, and tribal law enforcement agencies how to anticipate, survive, and respond to violent encounters during the course of their duties, including duties relating to security at State, county, and tribal courthouses. If the Director offers a training program specifically designed to train participants on courthouse security issues, preference for admission into such program shall be given to employees of jurisdictions that have magnetometers available for use at their courthouses.''. SEC. 3. STATE JUSTICE INSTITUTE. The State Justice Institute Act of 1984 is amended-- (1) in section 203(b)(1) (42 U.S.C. 10702(b)(1)), in the matter preceding subparagraph (A), by inserting ``, safe,'' after ``a fair''; and (2) in section 206 (42 U.S.C. 10705)-- (A) in subsection (c)-- (i) in paragraph (14)-- (I) by inserting ``to'' before ``conduct''; and (II) by striking ``and'' at the end; (ii) by redesignating paragraph (15) as paragraph (16); and (iii) by inserting after paragraph (14) the following: ``(15) to improve the safety and security of State and local courts; and''; and (B) by adding at the end the following: ``(g) Magnetometers.--In the case of a grant awarded under this section to be used as described in subsection (c)(15), if the State or local court applying for the grant does not have magnetometers available for use, not less than $300 nor more than $1,000 of the matching fund required under subsection (d) of the State or local court shall be used to acquire a magnetometer.''. SEC. 4. SECURITY EQUIPMENT. (a) In General.--Subchapter III of chapter 5 of title 40, United States Code, is amended by adding after section 559 the following: ``Sec. 560. Surplus security equipment for State and local courts ``(a) Definitions.--In this section-- ``(1) the term `surplus security equipment' means surplus property that is used to detect weapons, including metal detectors, wands, and baggage screening devices; and ``(2) the term `qualifying State or local courthouse' means a courthouse of a State or local government that has less security equipment than the security needs of the courthouse require. ``(b) Disposal of Surplus Security Equipment.-- ``(1) In general.--Notwithstanding any other provision of this subchapter, the Administrator of General Services shall ensure that a qualifying State or local courthouse has an opportunity to request to receive surplus security equipment for use at the qualifying State or local courthouse before the surplus security equipment is made available to any other individual or entity under this subchapter. ``(2) Disposal.-- ``(A) In general.--Subject to subparagraph (B), upon request by a qualifying State or local courthouse for surplus security equipment for use at the qualifying State or local courthouse, the surplus security equipment shall be made available to the qualifying State or local courthouse without cost, except for any costs of shipping, handling, and maintenance. ``(B) Multiple requests.--If more than 1 qualifying State or local courthouse requests a particular piece of surplus security equipment, the surplus security equipment shall be distributed based on need, as determined by the Administrator of General Services, with priority given to a qualifying State or local courthouse that has no security equipment.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 5 of title 40, United States Code, is amended by inserting after the item relating to section 559 the following: ``560. Surplus security equipment for State and local courts.''. Passed the House of Representatives September 11, 2012. Attest: KAREN L. HAAS, Clerk.

Local Courthouse Safety Act of 2012 - (Sec. 2) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to permit the Director of the Department of Justice's (DOJ) Bureau of Justice Assistance to carry out a training and technical assistance program to teach employees of state, local, and tribal law enforcement agencies how to anticipate, survive, and respond to violent encounters during the course of their duties, including duties relating to security at state, county, and tribal courthouses. Requires the Director to give preference for any courthouse security training program to employees of jurisdictions that have magnetometers available at their courthouses. (Sec. 3) Amends the State Justice Institute Act of 1984 to require the State Justice Institute (a private nonprofit organization established to improve judicial administration in state courts) to include courthouse safety as a factor in the national assistance program under which it provides funding to state courts and related national and nonprofit organizations. Permits state and local courts and other organizations awarded funds pursuant to Institute grants, cooperative agreements, or contracts to use such funds to improve safety and security in state and local courts. Requires, if such a grant is awarded to state or local courts without magnetometers, that specified matching funds be used acquire a magnetometer. (Sec. 4) Directs the Administrator of General Services (GSA) to ensure that state or local courthouses having less security equipment than such courthouses require have an opportunity to request surplus security equipment (metal detectors, wands, baggage screening devices) before such equipment is made available to any other individual or entity. Requires that priority be given to courthouses that have no security equipment.

To improve security at State and local courthouses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing the Homeland Security Supply Chain Act of 2018''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY REQUIREMENTS FOR INFORMATION RELATING TO SUPPLY CHAIN RISK. (a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following new section: ``SEC. 836. REQUIREMENTS FOR INFORMATION RELATING TO SUPPLY CHAIN RISK. ``(a) Authority.--Subject to subsection (b), the Secretary may-- ``(1) carry out a covered procurement action; ``(2) limit, notwithstanding any other provision of law, in whole or in part, the disclosure of information, including classified information, relating to the basis for carrying out such an action; and ``(3) exclude, in whole or in part, a source carried out in the course of such an action applicable to a covered procurement of the Department. ``(b) Determination and Notification.--Except as authorized by subsection (c) to address an urgent national security interest, the Secretary may exercise the authority provided in subsection (a) only after-- ``(1) obtaining a joint recommendation, in unclassified or classified form, from the Chief Acquisition Officer and the Chief Information Officer of Department, including a review of any risk assessment made available by an appropriate person or entity, that there is a significant supply chain risk in a covered procurement; ``(2) notifying any source named in the joint recommendation described in paragraph (1) advising-- ``(A) that a recommendation has been obtained; ``(B) to the extent consistent with the national security and law enforcement interests, the basis for such recommendation; ``(C) that, within 30 days after receipt of notice, such source may submit information and argument in opposition to such recommendation; and ``(D) of the procedures governing the consideration of such submission and the possible exercise of the authority provided in subsection (a); ``(3) notifying the relevant components of the Department that such risk assessment has demonstrated significant supply chain risk to a covered procurement; and ``(4) making a determination in writing, in unclassified or classified form, that after considering any information submitted by a source under paragraph (2), and in consultation with the Chief Information Officer of the Department, that-- ``(A) use of authority under subsection (a)(1) is necessary to protect national security by reducing supply chain risk; ``(B) less intrusive measures are not reasonably available to reduce such risk; ``(C) a decision to limit disclosure of information under subsection (a)(2) is necessary to protect national security interest; and ``(D) the use of such authorities will apply to a single covered procurement or a class of covered procurements, and otherwise specifies the scope of such determination; ``(5) providing to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a classified or unclassified notice of the determination made under paragraph (4) that includes-- ``(A) the joint recommendation described in paragraph (1); ``(B) a summary of any risk assessment reviewed in support of such joint recommendation; and ``(C) a summary of the basis for such determination, including a discussion of less intrusive measures that were considered and why such measures were not reasonably available to reduce supply chain risk; ``(6) notifying the Director of the Office of Management and Budget, and the heads of other Federal agencies as appropriate, in a manner and to the extent consistent with the requirements of national security; and ``(7) taking steps to maintain the confidentiality of any notifications under this subsection. ``(c) Procedures To Address Urgent National Security Interests.--In any case in which the Secretary determines that national security interests require the immediate exercise of the authorities under subsection (a), the Secretary-- ``(1) may, to the extent necessary to address any such national security interest, and subject to the conditions specified in paragraph (2)-- ``(A) temporarily delay the notice required by subsection (b)(2); ``(B) make the determination required by subsection (b)(4), regardless of whether the notice required by subsection (b)(2) has been provided or whether the notified source at issue has submitted any information in response to such notice; ``(C) temporarily delay the notice required by subsections (b)(4) and (b)(5); and ``(D) exercise the authority provided in subsection (a) in accordance with such determination; and ``(2) shall take actions necessary to comply with all requirements of subsection (b) as soon as practicable after addressing the urgent national security interest that is the subject of paragraph (1), including-- ``(A) providing the notice required by subsection (b)(2); ``(B) promptly considering any information submitted by the source at issue in response to such notice, and making any appropriate modifications to the determination required by subsection (b)(4) based on such information; and ``(C) providing the notice required by subsections (b)(5) and (b)(6), including a description of such urgent national security, and any modifications to such determination made in accordance with subparagraph (B). ``(d) Annual Review of Determinations.--The Secretary shall annually review all determinations made under subsection (b). ``(e) Delegation.--The Secretary may not delegate the authority provided in subsection (a) or the responsibility identified in subsection (d) to an official below the Deputy Secretary. ``(f) Limitation of Review.--Notwithstanding any other provision of law, no action taken by the Secretary under subsection (a) may be subject to review in a bid protest before the Government Accountability Office or in any Federal court. ``(g) Consultation.--In developing procedures and guidelines for the implementation of the authorities described in this section, the Secretary shall review the procedures and guidelines utilized by the Department of Defense to carry out similar authorities. ``(h) Definitions.--In this section: ``(1) Covered article.--The term `covered article' means: ``(A) Information technology, including cloud computing services of all types. ``(B) Telecommunications equipment. ``(C) Telecommunications services. ``(D) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program of the Department. ``(E) Hardware, systems, devices, software, or services that include embedded or incidental information technology. ``(2) Covered procurement.--The term `covered procurement' means-- ``(A) a source selection for a covered article involving either a performance specification, as provided in subsection (a)(3)(B) of section 3306 of title 41, United States Code, or an evaluation factor, as provided in subsection (c)(1)(A) of such section, relating to supply chain risk, or with respect to which supply chain risk considerations are included in the Department's determination of whether a source is a responsible source as defined in section 113 of such title; ``(B) the consideration of proposals for and issuance of a task or delivery order for a covered article, as provided in section 4106(d)(3) of title 41, United States Code, with respect to which the task or delivery order contract includes a contract clause establishing a requirement relating to supply chain risk; ``(C) any contract action involving a contract for a covered article with respect to which such contract includes a clause establishing requirements relating to supply chain risk; or ``(D) any procurement made via Government Purchase Care for a covered article when supply chain risk has been identified as a concern. ``(3) Covered procurement action.--The term `covered procurement action' means any of the following actions, if such action takes place in the course of conducting a covered procurement: ``(A) The exclusion of a source that fails to meet qualification requirements established pursuant to section 3311 of title 41, United States Code, for the purpose of reducing supply chain risk in the acquisition or use of a covered article. ``(B) The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order. ``(C) The determination that a source is not a responsible source based on considerations of supply chain risk. ``(D) The decision to withhold consent for a contractor to subcontract with a particular source or to direct a contractor to exclude a particular source from consideration for a subcontract. ``(4) Information system.--The term `information system' has the meaning given such term in section 3502 of title 44, United States Code. ``(5) Information technology.--The term `information technology' has the meaning given such term in section 11101 of title 40, United States Code. ``(6) Responsible source.--The term `responsible source' has the meaning given such term in section 113 of title 41, United States Code. ``(7) Supply chain risk.--The term `supply chain risk' means the risk that a malicious actor may sabotage, maliciously introduce an unwanted function, extract or modify data, or otherwise manipulate the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered article so as to surveil, deny, disrupt, or otherwise manipulate the function, use, or operation of the information technology or information stored or transmitted on the covered articles. ``(8) Telecommunications equipment.--The term `telecommunications equipment' has the meaning given such term in section 153(52) of title 47, United States Code. ``(9) Telecommunications service.--The term `telecommunications service' has the meaning given such term in section 153(53) of title 47, United States Code. ``(i) Effective Date.--The requirements of this section shall take effect on the date that is 90 days after the date of the enactment of this Act and shall apply to-- ``(1) contracts awarded on or after such date; and ``(2) task and delivery orders issued on or after such date pursuant to contracts awarded before, on, or after such date.''. (b) Rulemaking.--Section 553 of title 5, United States Code, and section 1707 of title 41, United States Code, shall not apply to the Secretary of Homeland Security when carrying out the authorities and responsibilities under section 836 of the Homeland Security Act of 2002, as added by subsection (a). (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 835 the following new item: ``Sec. 836. Requirements for information relating to supply chain risk.''. Passed the House of Representatives September 4, 2018. Attest: KAREN L. HAAS, Clerk.

Securing the Homeland Security Supply Chain Act of 2018 (Sec. 2) This bill amends the Homeland Security Act of 2002 to authorize the Department of Homeland Security (DHS) to restrict procurement of information technology, telecommunications equipment and services, and related products or services (covered articles), if it determines that a vendor of such products and services poses a risk to the DHS supply chain. After determining that such a risk exists, DHS may limit the disclosure of information relating to the basis for restricting a procurement and may exclude a vendor from the procurement process. The bill requires DHS to make certain security-related determinations and provide notifications before it can exercise the authority to restrict procurement of any covered article. The bill defines "supply chain risk" as the risk that a malicious actor may sabotage, maliciously introduce an unwanted function, extract or modify data, or otherwise manipulate the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered article.

Securing the Homeland Security Supply Chain Act of 2018

SECTION 1. DEPARTMENT OF DEFENSE PAYMENT FOR CONTINUATION OF NON- TRICARE HEALTH BENEFITS COVERAGE FOR CERTAIN MOBILIZED RESERVES. (a) Payment of Premiums.-- (1) Requirement to pay premiums.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1078a the following new section: ``Sec. 1078b. Continuation of non-TRICARE health benefits plan coverage for certain Reserves called or ordered to active duty and their dependents ``(a) Payment of Premiums.--The Secretary concerned shall pay the applicable premium to continue in force any qualified health benefits plan coverage for an eligible reserve component member for the benefits coverage continuation period if timely elected by the member in accordance with regulations prescribed under subsection (h). ``(b) Eligible Member.--A member of a reserve component who is called or ordered to active duty for a period of more than 30 days under a provision of law referred to in section 101(a)(13)(B) of this title is eligible for payment of the applicable premium for continuation of qualified health benefits plan coverage under subsection (a). ``(c) Qualified Health Benefits Plan Coverage.--For the purposes of this section, health benefits plan coverage for a member called or ordered to active duty is qualified health benefits plan coverage if-- ``(1) the coverage was in force on the date on which the Secretary notified the member that issuance of the call or order was pending or, if no such notification was provided, the date of the call or order; and ``(2) on that date, the coverage applied to the member and dependents of the member. ``(d) Applicable Premium.--The applicable premium payable under this section for continuation of health benefits plan coverage in the case of a member is the amount of the premium payable by the member for the coverage of the member and dependents. ``(e) Benefits Coverage Continuation Period.--The benefits coverage continuation period under this section for qualified health benefits plan coverage in the case of a member called or ordered to active duty is the period that-- ``(1) begins on the date of the call or order; and ``(2) ends on the earlier of the date on which-- ``(A) the member's eligibility for transitional health care under section 1145(a) of this title terminates under paragraph (3) of such section; ``(B) the member or the dependents of the member eligible for benefits under the qualified health benefits plan coverage become covered by another health benefits plan that is not TRICARE; or ``(C) the member elects to terminate the continued qualified health benefits plan coverage of the dependents of the member. ``(f) Extension of Period of COBRA Coverage.--Notwithstanding any other provision of law-- ``(1) any period of coverage under a COBRA continuation provision (as defined in section 9832(d)(1) of the Internal Revenue Code of 1986) for a member under this section shall be deemed to be equal to the benefits coverage continuation period for such member under this section; and ``(2) with respect to the election of any period of coverage under a COBRA continuation provision (as so defined), rules similar to the rules under section 4980B(f)(5)(C) of such Code shall apply. ``(g) Special Rule With Respect to Individual Health Insurance Coverage.--With respect to a member of a reserve component described in subsection (b) who was enrolled in individual health insurance coverage (as such term is defined in section 2791(b)(5) of the Public Health Service Act) on the date on which the member was called or ordered to active duty, the health insurance issuer may not-- ``(1) decline to offer such coverage to, or deny re- enrollment of, such individual during the benefits coverage continuation period described in subsection (e); ``(2) impose any preexisting condition exclusion (as defined in section 2701(b)(1)(A) of the Public Health Service Act) with respect to the re-enrollment of such member for such coverage during such period; or ``(3) increase the premium rate for re-enrollment of such member under such coverage during such period above the rate that was paid for the coverage prior to the date of such call or order. ``(h) Nonduplication of Benefits.--A dependent of a member who is eligible for benefits under qualified health benefits plan coverage paid on behalf of a member by the Secretary concerned under this section is not eligible for benefits under TRICARE during a period of the coverage for which so paid. ``(i) Revocability of Election.--A member who makes an election under subsection (a) may revoke the election. Upon such a revocation, the member's dependents shall become eligible for TRICARE as provided for under this chapter. ``(j) Regulations.--The Secretary of Defense shall prescribe regulations for carrying out this section. The regulations shall include such requirements for making an election of payment of applicable premiums as the Secretary considers appropriate.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1078a the following new item: ``1078b. Continuation of non-TRICARE health benefits plan coverage for certain Reserves called or ordered to active duty and their dependents.''. (b) Applicability.--Section 1078b of title 10, United States Code (as added by subsection (a)), shall apply with respect to calls or orders of members of reserve components of the Armed Forces to active duty as described in subsection (b) of such section, that are issued by the Secretary of a military department on or after the date of the enactment of this Act.

Directs the Secretary of the military department concerned to pay the applicable premium to continue in force during the duty period any qualified health benefits plan coverage of a member of the reserves who is called or ordered to active duty for more than 30 days during a war or national emergency. Prohibits the private health insurance issuer of such a member from declining coverage or re-enrollment, imposing re-enrollment exclusions, or increasing premiums during such benefits coverage continuation period.

A bill to amend title 10, United States Code, to provide for Department of Defense funding of continuation of health benefits plan coverage for certain Reserves called or ordered to active duty and their dependents, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bring Small Businesses Back Tax Reform Act''. SEC. 2. SPECIAL INDIVIDUAL RATES FOR QUALIFIED SMALL BUSINESS INCOME. (a) In General.--Section 1 of such Code is amended by adding at the end the following: ``(j) Maximum Rate on Qualified Small Business Income.-- ``(1) In general.--If a taxpayer has qualified business income 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 qualified business income, ``(B) 10 percent of so much of the qualified business income of the taxpayer as does not exceed $150,000, plus ``(C) 20 percent of so much of the qualified business income of the taxpayer as exceeds the amount on which tax is determined under subparagraph (B). ``(2) Qualified business income.-- ``(A) In general.--The term `qualified business income' means so much of the following of the taxpayer as does not exceed $1,000,000: ``(i) Gross earnings derived by an individual from any active trade or business carried on by such individual, less the deductions allowed by the subtitle which are attributable to such trade or business. ``(ii) The taxpayer's distributive or pro rata share qualified pass-through income. Such term shall not include any amounts, or any distributive or pro rata share, attributable to capital gains, interest, dividends, and royalties. ``(B) Qualified pass-through income.--The term `qualified pass-through income' means, in the case of a partnership or S corporation, so much of the income of the partnership computed under section 703, or income of the S corporation computed under section 1363, as does not exceed $1,000,000 and is designated as such (at such time and in such form and manner as the Secretary shall prescribe) and allocated by the partnership or S corporation. Any income so designated shall be allocated amongst partners or shareholders in the same proportion as distributive or pro rata shares of income or loss are allocated. Such term shall not include any capital gains, interest, dividends, or royalties. ``(3) Special rules.-- ``(A) Material participation.--Paragraph (1) shall not apply with respect to any income attributable to a trade or business in which the taxpayer does not materially participate. ``(B) Coordination with capital gains.--This subsection shall be applied before the application of subsection (h).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016. SEC. 3. REPEAL OF LIMITATION ON ELECTION TO EXPENSE CERTAIN DEPRECIABLE ASSET IN CASE OF NON-C CORP TAXPAYERS. (a) In General.--Paragraphs (1) and (2) of section 179(b) of the Internal Revenue Code of 1986 are each amended by striking ``The'' and inserting ``In the case of a corporation (or any partnership with a corporation as a partner), the''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2016. SEC. 4. EXPANDED AVAILABILITY OF CASH ACCOUNTING RULES AND EXCEPTION TO INVENTORY RULES FOR CERTAIN SMALL BUSINESSES. (a) Cash Accounting Permitted.-- (1) In general.--Section 446 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Certain Small Business Taxpayers Permitted To Use Cash Accounting Method Without Limitation.-- ``(1) In general.--With respect to an eligible taxpayer who uses the cash receipts and disbursements method for any taxable year, such method shall be deemed to clearly reflect income and the taxpayer shall not be required to use an accrual method. ``(2) Eligible taxpayer.--For purposes of this subsection, a taxpayer is an eligible taxpayer with respect to any taxable year if-- ``(A) for all prior taxable years beginning after December 31, 2016, the taxpayer (or any predecessor) met the gross receipts test of section 448(c), and ``(B) the taxpayer is not subject to section 447 or 448.''. (2) Expansion of gross receipts test.-- (A) In general.--Paragraph (3) of section 448(b) of such Code is amended by striking ``$5,000,000'' in the text and in the heading and inserting ``$25,000,000''. (B) Conforming amendments.--Section 448(c) of such Code is amended by striking ``$5,000,000'' each place it appears in the text and in the heading of paragraph (1) and inserting ``$25,000,000''. (3) Farming.-- (A) In general.--Section 447(d)(1) of such Code is amended by striking ``$1,000,000'' and inserting ``$25,000,000''. (B) Conforming amendment.--Section 447(d)(2) of such Code is amended-- (i) by striking ``; and'' and all that follows through to the end and inserting a period, and (ii) by striking ``shall be applied--'' and all that follows through ``(i) by substituting'' and inserting the following: ``shall be applied by substituting''. (b) Inventory Rules.-- (1) In general.--Section 471 of the Internal Revenue Code of 1986 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Small Business Taxpayers Not Required To Use Inventories.-- ``(1) In general.--An eligible taxpayer (as defined in section 446(g)(2)) shall not be required to use inventories under this section for a taxable year. ``(2) Treatment of taxpayers not using inventories.--If an eligible taxpayer (as so defined) does not use inventories with respect to any property for a taxable year, any cost which (but for paragraph (1)) would have been included by the taxpayer in inventory costs shall be treated as an expense which is deductible for the taxable year in which the property is purchased.''. (2) Conforming amendment.--Section 263A(c) of such Code is amended by adding at the end the following new paragraph: ``(7) Exclusion from inventory rules.--This section shall not apply to property with respect to which a taxpayer does not use inventories pursuant to section 471(c).''. (c) Effective Date and Special Rules.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016. (2) Change in method of accounting.--In the case of any taxpayer changing the taxpayer's method of accounting for any taxable year under the amendments made by this section-- (A) such change shall be treated as initiated by the taxpayer; and (B) such change shall be treated as made with the consent of the Secretary of the Treasury.

Bring Small Businesses Back Tax Reform Act This bill amends the Internal Revenue Code to establish new maximum individual tax rates for qualified business income that does not exceed $1 million (i.e., small business income). The maximum rates are: (1) 10% of such income not exceeding $150,000, and (2) 20% for income that exceeds $150,000 and is not more than $1 million. The rates apply to up to $1 million of qualified business income that is: (1) gross earnings derived by an individual from any active trade or business carried on by the individual, excluding deductions attributable to the trade or business; and (2) the taxpayer's distributive or pro rata share of pass-through income from entities such as a partnership or S corporation. Qualified business income does not include capital gains, interest, dividends, or royalties. For taxpayers that are not a corporation or a partnership with a corporation as a partner, the bill repeals the annual limitation on the election to deduct certain depreciable business assets. The bill also permits certain small businesses whose average gross receipts do not exceed $25 million (currently, $5 million) to use the cash accounting method without limitations and exempts such businesses from inventory rules.

Bring Small Businesses Back Tax Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering Parents and Students Through Information Act''. SEC. 2. ALTERNATE STANDARDS AND ASSESSMENTS FOR STUDENTS WITH THE MOST SIGNIFICANT COGNITIVE DISABILITIES. Section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by adding at the end the following: ``(G) State requirements for alternate achievement standards.--Notwithstanding subparagraph (B), in the case of any State that elects to use alternate academic achievement standards in any subject included in the State's accountability system under paragraph (2) for students with the most significant cognitive disabilities, in accordance with section 612(a)(16) of the Individuals with Disabilities Education Act and sections 200.1(d) and 200.6(a)(2) of title 34, Code of Federal Regulations, or any successor regulation, the State shall-- ``(i) establish and monitor implementation of clear and appropriate guidelines for individualized education program teams (as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act) to apply in determining, on an annual and subject- by-subject basis, when a child's significant cognitive disability justifies assessment based on alternate academic achievement standards; ``(ii) ensure that parents of the students whom the State plans to assess using alternate assessments-- ``(I) are involved in the decision that their child's academic achievement will be measured against alternate academic achievement standards, consistent with section 614(d)(1)(A)(i)(VI)(bb) of the Individuals with Disabilities Education Act; ``(II) provide informed consent that their child's achievement will be measured against alternate academic achievement standards using such assessment; and ``(III) are informed of any effect that participation in such assessment may have on their child's academic preparation and eligibility for a regular secondary school diploma, as determined by the State; ``(iii) provide evidence that students with the most significant cognitive disabilities are included in and making progress in the general curriculum for the grade in which the students are enrolled and in assessments aligned with that curriculum, as described in section 601(c)(5)(A) of the Individuals with Disabilities Education Act; ``(iv) develop, disseminate information about, make available, and promote the use of reasonable accommodations to increase the number of students with the most significant cognitive disabilities participating in grade- level academic instruction and assessments aligned with grade-level academic standards, and promote the use of reasonable accommodations to increase the number of students with the most significant cognitive disabilities who are tested against grade-level academic achievement standards; ``(v) take steps to ensure general and special education teachers and other appropriate staff know how to administer assessments, including how to make appropriate use of accommodations, for students with disabilities; ``(vi) require separate annual determinations about whether a student should be assessed using an alternate assessment based on alternate academic achievement standards for each subject assessed; and ``(vii) ensure that students who take an alternate assessment based on alternate academic achievement standards are not precluded from attempting to complete the requirements for a regular secondary school diploma, as determined by the State.''; and (B) in paragraph (2), by adding at the end the following: ``(L) No inclusion of ieps.--A State shall not use any student individualized education program, as defined in section 602(14) of the Individuals with Disabilities Education Act, in the State accountability system.''; and (2) in subsection (h)(1)(C)-- (A) in clause (i), by striking ``disability status'' and inserting ``disability category described in section 602(3) of the Individuals with Disabilities Education Act''; (B) in clause (vii), by striking ``and'' after the semicolon; (C) in clause (viii), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(ix) the number and percentage of students with disabilities who take an alternate assessment based on alternate achievement standards, by grade and subject, and, for each grade and subject, by disability category described in section 602(3) of the Individuals with Disabilities Education Act, except that disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student.''.

Empowering Parents and Students Through Information Act Amends the school improvement program under part A of title I of the Elementary and Secondary Education Act of 1965 to require each state that elects to use alternate academic achievement standards for students that have the most significant cognitive disabilities to: establish and monitor the implementation of clear and appropriate guidelines for individualized education program (IEP) teams to apply in determining, on an annual and subject-by-subject basis, when a child's significant cognitive disability justifies assessment using alternate standards; ensure that the parents of students the state plans to assess using alternate assessments are involved in, and provide informed consent to, the decision to apply such alternate standards; provide evidence that students with the most significant cognitive disabilities are making progress in the general curriculum for the grade in which the students are enrolled and in assessments aligned with that curriculum; develop and promote the use of reasonable accommodations to increase the number of such students participating in grade-level academic instruction and assessments aligned with grade-level academic standards; promote the use of such accommodations to increase the number of students with the most significant cognitive disabilities who are tested against grade-level academic achievement standards; ensure that general and special education teachers and other appropriate staff know how to administer assessments for disabled students; require separate annual determinations about whether a student should be assessed using an alternate assessment based on alternate academic achievement standards for each subject assessed; and ensure that students who take such alternate assessments are not precluded from attempting to complete the state requirements for a regular secondary school diploma. Prohibits states from using any student's IEP in the state accountability system. Requires states' annual report cards to: (1) include the number and percentage of disabled students who take the alternate assessments; and (2) break that information down by grade and subject matter and by the disability categories described in the Individuals with Disabilities Education Act.

Empowering Parents and Students Through Information Act

SECTION 1. PREVENTION OF AVOIDANCE OF TAX THROUGH REINSURANCE WITH NON- TAXED AFFILIATES. (a) In General.--Part III of subchapter L of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 849. SPECIAL RULES FOR REINSURANCE OF NON-LIFE CONTRACTS WITH NON-TAXED AFFILIATES. ``(a) In General.--The taxable income under section 831(a) or the life insurance company taxable income under section 801(b) (as the case may be) of an insurance company shall be determined by not taking into account-- ``(1) any non-taxed reinsurance premium, ``(2) any additional amount paid by such insurance company with respect to the reinsurance for which such non-taxed reinsurance premium is paid, to the extent such additional amount is properly allocable to such non-taxed reinsurance premium, and ``(3) any return premium, ceding commission, reinsurance recovered, or other amount received by such insurance company with respect to the reinsurance for which such non-taxed reinsurance premium is paid, to the extent such return premium, ceding commission, reinsurance recovered, or other amount is properly allocable to such non-taxed reinsurance premium. ``(b) Non-Taxed Reinsurance Premiums.--For purposes of this section-- ``(1) In general.--The term `non-taxed reinsurance premium' means any reinsurance premium paid directly or indirectly to an affiliated corporation with respect to reinsurance of risks (other than excepted risks), to the extent that the income attributable to the premium is not subject to tax under this subtitle (either as the income of the affiliated corporation or as amounts included in gross income by a United States shareholder under section 951). ``(2) Excepted risks.--The term `excepted risks' means any risk with respect to which reserves described in section 816(b)(1) are established. ``(c) Affiliated Corporations.--For purposes of this section, a corporation shall be treated as affiliated with an insurance company if both corporations would be members of the same controlled group of corporations (as defined in section 1563(a)) if section 1563 were applied-- ``(1) by substituting `at least 50 percent' for `at least 80 percent' each place it appears in subsection (a)(1), and ``(2) without regard to subsections (a)(4), (b)(2)(C), (b)(2)(D), and (e)(3)(C). ``(d) Election To Treat Reinsurance Income as Effectively Connected.-- ``(1) In general.--A specified affiliated corporation may elect for any taxable year to treat specified reinsurance income as-- ``(A) income effectively connected with the conduct of a trade or business in the United States, and ``(B) for purposes of any treaty between the United States and any foreign country, income attributable to a permanent establishment in the United States. ``(2) Effect of election.--In the case of any specified reinsurance income with respect to which the election under this subsection applies-- ``(A) Deduction allowed for reinsurance premiums.-- For exemption from subsection (a), see definition of non-taxed reinsurance premiums in subsection (b). ``(B) Exception from excise tax.--The tax imposed by section 4371 shall not apply with respect to any income treated as effectively connected with the conduct of a trade or business in the United States under paragraph (1). ``(C) Taxation under this subchapter.--Such income shall be subject to tax under this subchapter to the same extent and in the same manner as if such income were the income of a domestic insurance company. ``(D) Coordination with foreign tax credit provisions.--For purposes of subpart A of part III of subchapter N and sections 78 and 960-- ``(i) such specified reinsurance income shall be treated as derived from sources without the United States, and ``(ii) subsections (a), (b), and (c) of section 904 and sections 902, 907, and 960 shall be applied separately with respect to each item of such income. The Secretary may issue regulations or other guidance which provide that related items of specified reinsurance income may be aggregated for purposes of applying clause (ii). ``(3) Specified affiliated corporation.--For purposes of this subsection, the term `specified affiliated corporation' means any affiliated corporation which is a foreign corporation and which meets such requirements as the Secretary shall prescribe to ensure that tax on the specified reinsurance income of such corporation is properly determined and paid. ``(4) Specified reinsurance income.--For purposes of this paragraph, the term `specified reinsurance income' means all income of a specified affiliated corporation which is attributable to reinsurance with respect to which subsection (a) would (but for the election under this subsection) apply. ``(5) Rules related to election.--Any election under paragraph (1) shall-- ``(A) be made at such time and in such form and manner as the Secretary may provide, and ``(B) apply for the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary. ``(e) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be appropriate to carry out, or to prevent the avoidance of the purposes of, this section, including regulations or other guidance which provide for the application of this section to alternative reinsurance transactions, fronting transactions, conduit and reciprocal transactions, and any economically equivalent transactions.''. (b) Clerical Amendment.--The table of sections for part III of subchapter L of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 849. Special rules for reinsurance of non-life contracts with non-taxed affiliates.''. (c) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011.

Amends the Internal Revenue Code to exclude from the taxable income of a life insurance company or other insurance company: (1) any non-taxed reinsurance premium; (2) any additional amount paid by an insurance company with respect to the reinsurance for which such non-taxed reinsurance premium is paid; and (3) any return premium, ceding commission, reinsurance recovered, or other amount received by an insurance company with respect to the reinsurance for which such non-taxed reinsurance premium is paid.

A bill to amend the Internal Revenue Code of 1986 to prevent the avoidance of tax by insurance companies through reinsurance with non-taxed affiliates.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Small Employer Health Act of 2005''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishment of Small Employer Health Benefits Program (SEHBP). ``Part 8--Small Employer Health Benefits Program (SEHBP) ``Sec. 801. Establishment of program. ``Sec. 802. Contracts with qualifying insurers. ``Sec. 803. Additional conditions. ``Sec. 804. Dissemination of information. ``Sec. 805. Subsidies. ``Sec. 806. Authorization of appropriations. SEC. 2. ESTABLISHMENT OF SMALL EMPLOYER HEALTH BENEFITS PROGRAM (SEHBP). (a) In General.--Subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding after part 7 the following new part: ``PART 8--SMALL EMPLOYER HEALTH BENEFITS PROGRAM (SEHBP) ``SEC. 801. ESTABLISHMENT OF PROGRAM. ``(a) In General.--The Secretary shall establish, in accordance with this part, a program under which-- ``(1) qualifying small employers (as defined in subsection (b)) are provided access to qualifying health insurance coverage (as defined in subsection (c)) for their employees, and ``(2) such employees may elect alternative forms of coverage offered by various health insurance issuers. ``(b) Qualifying Small Employer Defined; Other Definitions.--For purposes of this part: ``(1) Qualifying small employer.-- ``(A) In general.--The term `qualifying small employer' means a small employer (as defined in paragraph (2)) that-- ``(i) elects to offer health insurance coverage provided under this part to each employee who has been employed by that employer for 3 months or longer; and ``(ii) elects, with respect to an employee electing coverage under qualified health insurance coverage, to pay at least 50 percent of the total premium for qualifying health insurance coverage provided under this part. ``(B) Elections.--Elections under subparagraph (A) may be filed with the Secretary during the 180-day period beginning with the first enrollment period occurring under section 803 and during open enrollment periods occurring thereafter under such section. Such elections shall be filed in such form and manner as shall be prescribed by the Secretary. ``(C) Part-time employment.--Under regulations of the Secretary, in the case of an employee serving in a position in which service is customarily less than 1,500 hours per year, the reference in subparagraph (A)(ii) to `50 percent' shall be deemed a percentage reduced to a percentage that bears the same ratio to 50 percent as the number of hours of service per year customarily in such position bears to 1,500. ``(2) Small employer.--The term `small employer' means, with respect to a year, an employer who employed an average of fewer than 100 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the year. ``(3) SEHBP.--The term `SEHBP' means the small employer health benefits program provided under this part. ``(c) Qualifying Health Insurance Coverage.--For purposes of this part, the term `qualifying health insurance coverage' means health insurance coverage that meets the following requirements: ``(1) The coverage is offered by a health insurance issuer. ``(2) The benefits under such coverage are equivalent to or greater than the lower level of benefits provided under the service benefit plan described in section 8903(1) of title 5, United States Code. ``(3) The coverage includes, with respect to an eligible individual that elects coverage, coverage of the same dependents that would be covered if the coverage were offered under FEHBP. ``(4)(A) Subject to subparagraph (B), there is no underwriting, through a preexisting condition limitation, differential benefits, or different premium levels, or otherwise, with respect to such coverage for covered individuals or their dependents. ``(B) The premiums charged for such coverage are community- rated for individuals within any State and may vary only-- ``(i) by individual or family enrollment, and ``(ii) to the extent permitted under the laws of such State relating to health insurance coverage offered in the small group market, on the basis of geography. ``(d) Other Terms.-- ``(1) Health insurance coverage; health insurance issuer; health status-related factor.--The terms `health insurance coverage', `health insurance issuer', `health status-related factor' have the meanings provided such terms in section 733. ``(2) Small group market.--The term `small group market' has the meaning provided such term in section 2791(e)(5) of the Public Health Service Act (42 U.S.C. 300gg-91(e)(5)). ``(3) FEHBP.--The term `FEHBP' means the Federal Employees Health Benefits Program under chapter 89 of title 5, United States Code. ``(e) Treatment of Partnerships and Self-Employed Individuals.--For purposes of this part, and for purposes of applying section 3 to this part and to part 5 as it applies to this part, in any case in which qualifying health insurance coverage is, or is to be, provided under a plan, fund, or program to individuals covered thereunder-- ``(1) if such plan, fund, or program is maintained by a partnership, the term `employer' (as defined in section 3(5)) includes the partnership in relation to the partners, and the term `employee' (as defined in section 3(6)) includes any partner in relation to the partnership; and ``(2) if such plan, fund, or program is maintained by a self-employed individual, the term `employer' (as defined in section 3(5)) and the term `employee' (as defined in section 3(6)) shall include such individual. ``SEC. 802. CONTRACTS WITH QUALIFYING INSURERS. ``(a) In General.--The Secretary shall enter into contracts with health insurance issuers for the offering of qualifying health insurance coverage under this part in the States in such manner as to offer coverage to employees of employers that elect to offer coverage under this part. Nothing in this part shall be construed as requiring the Secretary to enter into arrangements with all such issuers seeking to offer qualifying health insurance coverage in a State. ``(b) Continued Regulation.--Nothing in this part shall be construed as preempting State laws applicable to health insurance issuers that offer coverage under this part in such State. ``(c) Coordination With State Insurance Commissioners.--The Secretary shall coordinate with the insurance commissioners for the various States in establishing a process for handling and resolving any complaints relating to health insurance coverage offered under this part, to the extent necessary to augment processes otherwise available under State law. ``SEC. 803. ADDITIONAL CONDITIONS. ``(a) Limitation on Enrollment Periods.--The Secretary may limit the periods of times during which employees may elect coverage offered under this part, but such election shall be consistent with the elections permitted for employees under FEHBP and shall provide for at least annual open enrollment periods and enrollment at the time of initial eligibility to enroll and upon appropriate changes in family circumstances. ``(b) Authorizing Use of States in Making Arrangements for Coverage.--In lieu of the coverage otherwise arranged by the Secretary under this part, the Secretary may enter an arrangement with a State under which a State arranges for the provision of qualifying health insurance coverage to qualifying small employers in such manner as the Secretary would otherwise arrange for such coverage. ``(c) Use of FEHBP Model.--The Secretary shall carry out the SEHBP using the model of the FEHBP to the extent practicable and consistent with the provisions of this part, and, in carrying out such model, the Secretary shall, to the maximum extent practicable, negotiate the most affordable and substantial coverage possible for small employers. ``SEC. 804. DISSEMINATION OF INFORMATION. ``The Secretary shall widely disseminate information about SEHBP through the media, the Internet, public service announcements, and other employer and employee directed communications. ``SEC. 805. SUBSIDIES. ``(a) Employer Subsidies.-- ``(1) Enrollment discount.-- ``(A) In general.--In the case of a qualifying small employer who is eligible under subparagraph (B), the portion of the total premium for coverage otherwise payable by such employer under this part shall be reduced by 5 percent. Such reduction shall not cause an increase in the portion of the total premium payable by employees. ``(B) Employers eligible for discounts.--A qualifying small employer is eligible under this subparagraph if such employer employed an average of fewer than 25 employees on business days during the preceding calendar year. ``(2) Employer premium subsidy.-- ``(A) In general.--The Secretary shall provide to qualifying small employers who are eligible under subparagraph (C) and who elect to offer health insurance coverage under this part a subsidy for premiums paid by the employer for coverage of employees whose individual income (as determined by the Secretary) is at or below 200 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by such section) for an individual. ``(B) Subsidy scaled according to size of employer.--The subsidy provided under subparagraph (A) shall be designed so that the subsidy equals, for any calendar year-- ``(i) 50 percent of the portion of the premium payable by the employer for the coverage, in the case of eligible qualifying small employers who employ an average of fewer than 11 employees on business days during the preceding calendar year; ``(ii) 35 percent of the portion of the premium payable by the employer for the coverage, in the case of eligible qualifying small employers who employ an average of more than 10 employees but fewer than 26 employees on business days during the preceding calendar year; and ``(iii) 25 percent of the portion of the premium payable by the employer for the coverage, in the case of eligible qualifying small employers who employ an average of more than 25 employees but fewer than 51 employees on business days during the preceding calendar year. ``(C) Employers eligible for premium subsidy.--A qualifying small employer is eligible under this subparagraph if such employer employed an average of fewer than 50 employees on business days during the preceding calendar year. ``(b) Employee Subsidies.-- ``(1) In general.--The Secretary shall provide subsidies to employees whose family income (as determined by the Secretary) is at or below 200 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by such section) for a family of the size involved. ``(2) Amount of subsidy.--Such subsidies shall be in an amount equal to the excess of the portion of the total premium for coverage otherwise payable by the employee under this part for any period, over 5 percent of the family income (as determined under paragraph (1)(A)) of the employee for such period. ``(3) Coordination of subsidies.--Notwithstanding paragraph (1), under regulations of the Secretary, an employee may be entitled to subsidies under this subsection for any period only if such employee is not eligible for subsidies for such period under any Federal or State health insurance subsidy program (including a program under title V, XIX, or XXI of the Social Security Act). For purposes of this paragraph, an employee is `eligible' for a subsidy under a program if such employee is entitled to such subsidy or would, upon filing application therefore, be entitled to such subsidy. ``(4) Authority to expand eligibility.--The Secretary may, to the extent of available funding, provide for expansion of the subsidy program under this subsection to employees whose family income (as defined by the Secretary) is at or below 300 percent of the poverty line (as determined under paragraph (1)). ``(c) Procedures.--The Secretary shall establish by regulation applications, methods, and procedures for carrying out this section, including measures to ascertain or confirm levels of income. ``SEC. 806. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated, for the period beginning with fiscal year 2006 and ending with fiscal year 2015, $50,000,000,000 to carry out this part, including the establishment of subsidies under section 805.''. (b) Report on Offering National Health Plans.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall report to Congress the Secretary's recommendations regarding the feasibility of offering national health plans under part 8 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as added by subsection (a). (c) Clerical Amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 734 the following new items: ``Part 8--Small Employer Health Benefits Program (SEHBP) ``801. Establishment of program. ``802. Contracts with qualifying insurers. ``803. Additional conditions. ``804. Dissemination of information. ``805. Subsidies. ``806. Authorization of appropriations.''.

Small Employer Health Benefits Program Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to direct the Secretary of Labor to establish the Small Employer Health Benefits Program under which: (1) qualifying small employers are provided access to qualifying health insurance coverage for their employees; and (2) such employees may elect alternative forms of coverage offered by various health insurance issuers. Limits such program to small employers that elect to: (1) offer health insurance coverage to each individual employed for three months or longer; and (2) pay at least half the total premium for qualifying health insurance coverage for such individual. Provides for coverage of part-time employees. Requires the Secretary to enter into contracts with health insurance issuers for the offering of such insurance coverage. Reduces by five percent the total premium otherwise payable by such employer if an average of fewer than 25 employees were employed during the preceding calendar year. Requires the Secretary to provide premium subsidies (calculated according to specified formulae) to: (1) employers for coverage of employees whose individual income is at or below 200 percent of the poverty line; as well as (2) such employees.

To amend title I of the Employee Retirement Income Security Act of 1974 to provide for the establishment in the Department of Labor of a Small Employer Health Benefits Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Professional Standards for Government Attorneys Act of 2001''. SEC. 2. PROFESSIONAL STANDARDS FOR GOVERNMENT ATTORNEYS. (a) Section 530B of title 28, United States Code, is amended to read as follows: ``SEC. 530B. PROFESSIONAL STANDARDS FOR GOVERNMENT ATTORNEYS. ``(a) Definitions.--In this section: ``(1) Government attorney.--The term `Government attorney'-- ``(A) means the Attorney General; the Deputy Attorney General; the Solicitor General; the Associate Attorney General; the head of, and any attorney employed in, any division, office, board, bureau, component, or agency of the Department of Justice; any United States Attorney; any Assistant United States Attorney; any Special Assistant to the Attorney General or Special Attorney appointed under section 515; any Special Assistant United States Attorney appointed under section 543 who is authorized to conduct criminal or civil law enforcement investigations or proceedings on behalf of the United States; any other attorney employed by the Department of Justice who is authorized to conduct criminal or civil law enforcement proceedings on behalf of the United States; any independent counsel, or employee of such counsel, appointed under chapter 40; and any outside special counsel, or employee of such counsel, as may be duly appointed by the Attorney General; and ``(B) does not include any attorney employed as an investigator or other law enforcement agent by the Department of Justice who is not authorized to represent the United States in criminal or civil law enforcement litigation or to supervise such proceedings. ``(2) State.--The term `State' includes a Territory and the District of Columbia. ``(b) Choice of Law.--Subject to any uniform national rule prescribed by the Supreme Court under chapter 131, the standards of professional responsibility that apply to a Government attorney with respect to the attorney's work for the Government shall be-- ``(1) for conduct in connection with a proceeding in or before a court, the standards of professional responsibility established by the rules and decisions of that court; ``(2) for conduct reasonably intended to lead to a proceeding in or before a court, the standards of professional responsibility established by the rules and decisions of the court in or before which the proceeding is intended to be brought; and ``(3) for all other conduct, the standards of professional responsibility established by the rules and decisions of the Federal district court for the judicial district in which the attorney principally performs his or her official duties. ``(c) Licensure.--A Government attorney (except foreign counsel employed in special cases)-- ``(1) shall be duly licensed and authorized to practice as an attorney under the laws of a State; and ``(2) shall not be required to be a member of the bar of any particular State. ``(d) Covert Activities.--Notwithstanding any provision of State law, including disciplinary rules, statutes, regulations, constitutional provisions, or case law, a Government attorney may, for the purpose of enforcing Federal law, provide legal advice, authorization, concurrence, direction, or supervision on conducting covert activities, and participate in such activities, even though such activities may require the use of deceit or misrepresentation. ``(e) Admissibility of Evidence.--No violation of any disciplinary, ethical, or professional conduct rule shall be construed to permit the exclusion of otherwise admissible evidence in any Federal criminal proceeding. ``(f) Rulemaking Authority.--The Attorney General shall make and amend rules of the Department of Justice to ensure compliance with this section.''. (b) Technical and Conforming Amendment.--The analysis for chapter 31 of title 28, United States Code, is amended, in the item relating to section 530B, by striking ``Ethical standards for attorneys for the Government'' and inserting ``Professional standards for Government attorneys''. (c) Reports.-- (1) Uniform rule.--In order to encourage the Supreme Court to prescribe, under chapter 131 of title 28, United States Code, a uniform national rule for Government attorneys with respect to communications with represented persons and parties, not later than 1 year after the date of enactment of this Act, the Judicial Conference of the United States shall submit to the Chief Justice of the United States a report, which shall include recommendations with respect to amending the Federal Rules of Practice and Procedure to provide for such a uniform national rule. (2) Actual or potential conflicts.--Not later than 2 years after the date of enactment of this Act, the Judicial Conference of the United States shall submit to the Chairmen and Ranking Members of the Committees on the Judiciary of the House of Representatives and the Senate a report, which shall include-- (A) a review of any areas of actual or potential conflict between specific Federal duties related to the investigation and prosecution of violations of Federal law and the regulation of Government attorneys (as that term is defined in section 530B of title 28, United States Code, as amended by this Act) by existing standards of professional responsibility; and (B) recommendations with respect to amending the Federal Rules of Practice and Procedure to provide for additional rules governing attorney conduct to address any areas of actual or potential conflict identified pursuant to the review under subparagraph (A). (3) Report considerations.--In carrying out paragraphs (1) and (2), the Judicial Conference of the United States shall take into consideration-- (A) the needs and circumstances of multiforum and multijurisdictional litigation; (B) the special needs and interests of the United States in investigating and prosecuting violations of Federal criminal and civil law; and (C) practices that are approved under Federal statutory or case law or that are otherwise consistent with traditional Federal law enforcement techniques.

Professional Standards for Government Attorneys Act of 2001 - Amends the Federal judicial code to specify which standards of professional responsibility apply to a Government attorney in various choice of law scenarios. Provides that a Government attorney (except foreign counsel employed in special cases) shall: (1) be duly licensed and authorized to practice as an attorney under the laws of a State; and (2) not be required to be a member of the bar of any particular State. Authorizes a Government attorney, for the purpose of enforcing Federal law, to provide legal advice, authorization, concurrence, direction, or supervision on conducting covert activities and to participate in such activities, even though such activities may require the use of deceit or misrepresentation.Provides that no violation of any disciplinary, ethical, or professional conduct rule shall be construed to permit the exclusion of otherwise admissible evidence in any Federal criminal proceeding.Requires the Judicial Conference of the United States to report to: (1) the Chief Justice of the United States on recommendations with respect to amending the Federal Rules of Criminal Procedure (FRCrP) to provide for a uniform national rule for Government attorneys with respect to communications with represented persons and parties; and (2) the House and Senate Judiciary Committees on a review of any areas of conflict between specific Federal duties related to the investigation and prosecution of violations of Federal law and the regulation of Government attorneys by existing standards of professional responsibility and on recommendations with respect to amending the FRCrP to provide for additional rules governing attorney conduct to address such conflicts.

A bill to clarify the applicable standards of professional conduct for attorneys for the Government, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vegetable Ink Printing Act of 1994''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) More than 95 percent of Federal printing involving documents or publications is performed using lithographic inks. (2) Various types of oil, including petroleum and vegetable oil, are used in lithographic ink. (3) Increasing the amount of vegetable oil used in a lithographic ink would-- (A) help reduce the Nation's use of nonrenewable energy resources; (B) result in the use of products that are less damaging to the environment; (C) result in a reduction of volatile organic compound emissions; and (D) increase the use of renewable agricultural products. (4) The technology exists to use vegetable oil in lithographic ink and, in some applications, to use lithographic ink that uses no petroleum distillates in the liquid portion of the ink. (5) Some lithographic inks have contained vegetable oils for many years; other lithographic inks have more recently begun to use vegetable oil. (6) According to the Government Printing Office, using vegetable oil-based ink appears to add little if any additional cost to Government printing. (7) Use of vegetable oil-based ink in Federal Government printing should further develop-- (A) the commercial viability of vegetable oil-based ink, which could result in demand, for domestic use alone, for 2,500,000,000 pounds of vegetable crops or 500,000,000 pounds of vegetable oil; and (B) a product that could help the United States retain or enlarge its share of the world market for vegetable oil-ink. (b) Purpose.--The purpose of this Act is to require that all lithographic printing using ink containing oil that is performed or procured by a Federal agency shall use ink containing the maximum amounts of vegetable oil and materials derived from other renewable resources that-- (1) are technologically feasible, and (2) result in printing costs that are competitive with printing using petroleum-based inks. SEC. 3. FEDERAL PRINTING REQUIREMENTS. (a) General Rule.--Notwithstanding any other law, and except as provided in subsection (b), a Federal agency may not perform or procure lithographic printing that uses ink containing oil if the ink contains less than the following percentage of vegetable oil: (1) In the case of news ink, 40 percent. (2) In the case of sheet-fed ink, 20 percent. (3) In the case of forms ink, 20 percent. (4) In the case of heat-set ink, 10 percent. (b) Exceptions.-- (1) Exceptions.--Subsection (a) shall not apply to lithographic printing performed or procured by a Federal agency, if-- (A) the head of the agency determines, after consultation with the Public Printer and within the 3-year period ending on the date of the commencement of the printing or the date of that procurement, respectively, that vegetable oil-based ink is not suitable to meet specific, identified requirements of the agency related to the printing; or (B) the Public Printer determines-- (i) within the 3-month period ending on the date of the commencement of the printing, in the case of printing of materials that are printed at intervals of less than 6 months, or (ii) before the date of the commencement of the printing, in the case of printing of materials that are printed at intervals of 6 months or more; that the cost of performing the printing using vegetable oil- based ink is significantly greater than the cost of performing the printing using other available ink. (2) Notice to congress.--Not later than 30 days after making a determination under paragraph (1)(A), the head of a Federal agency shall report the determination to the Committee on Government Operations and the Committee on House Administration of the House of Representatives, and the Committee on Rules of the Senate. (c) Federal Agency Defined.--In this Act, the term ``Federal agency'' means-- (1) an executive department, military department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency; and (2) an establishment or component of the legislative or judicial branch of the Government. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Vegetable Ink Printing Act of 1994 - Prohibits any Federal agency from performing or procuring lithographic printing using ink containing oil if the ink contains less than a specified percentage of vegetable oil. Provides for waiver of such prohibition (allowing the use of petroleum-based ink) in certain circumstances for considerations of suitability or cost.

Vegetable Ink Printing Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Emergency Health Services Reimbursement Act of 2003''. SEC. 2. FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED ALIENS. Section 4723 of the Balanced Budget Act of 1997 (8 U.S.C. 1611 note) is amended to read as follows: ``SEC. 4723. FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED ALIENS. ``(a) Total Amount Available for Allotment.--There is appropriated, out of any funds in the Treasury not otherwise appropriated, $1,450,000,000 for each of fiscal years 2004 through 2008, for the purpose of making allotments under this section to States described in paragraph (1) or (2) of subsection (b). Funds appropriated under the preceding sentence shall remain available until expended. ``(b) State Allotments.-- ``(1) Based on percentage of undocumented aliens.-- ``(A) In general.--Out of the amount appropriated under subsection (a) for each fiscal year, the Secretary shall use $957,000,000 of such amount to make allotments for each such fiscal year in accordance with subparagraph (B). ``(B) Formula.--The amount of the allotment for each State for a fiscal year shall be equal to the product of-- ``(i) the total amount available for allotments under this paragraph for the fiscal year; and ``(ii) the percentage of undocumented aliens residing in the State with respect to the total number of such aliens residing in all States, as determined by the Statistics Division of the Immigration and Naturalization Service, as of January 2003, based on the 2000 decennial census. ``(2) Based on number of undocumented alien apprehension states.-- ``(A) In general.--Out of the amount appropriated under subsection (a) for a fiscal year, the Secretary shall use $493,000,000 of such amount to make allotments for each such fiscal year for each of the 6 States with the highest number of undocumented alien apprehensions for such fiscal year. ``(B) Determination of allotments.--The amount of the allotment for each State described in subparagraph (A) for a fiscal year shall bear the same ratio to the total amount available for allotments under this paragraph for the fiscal year as the ratio of the number of undocumented alien apprehensions in the State in the fiscal year bears to the total of such numbers for all such States for such fiscal year. ``(C) Data.--For purposes of this paragraph, the highest number of undocumented alien apprehensions for a fiscal year shall be based on the 4 most recent quarterly apprehension rates for undocumented aliens in such States, as reported by the Immigration and Naturalization Service. ``(3) Rule of construction.--Nothing in this section shall be construed as prohibiting a State that is described in both of paragraphs (1) and (2) from receiving an allotment under both paragraphs for a fiscal year. ``(c) Use of Funds.-- ``(1) Authority to make payments.--From the allotments made for a State under subsection (b) for a fiscal year, the Secretary shall pay directly to local governments, hospitals, or other providers located in the State (including providers of services received through an Indian Health Service facility whether operated by the Indian Health Service or by an Indian tribe or tribal organization) that provide uncompensated emergency health services furnished to undocumented aliens during that fiscal year, and to the State, such amounts (subject to the total amount available from such allotments) as the local governments, hospitals, providers, or State demonstrate were incurred for the provision of such services during that fiscal year. ``(2) Limitation on state use of funds.--Funds paid to a State from allotments made under subsection (b) for a fiscal year may only be used for making payments to local governments, hospitals, or other providers for costs incurred in providing emergency health services to undocumented aliens or for State costs incurred with respect to the provision of emergency health services to such aliens. ``(3) Inclusion of costs incurred with respect to certain aliens.--Uncompensated emergency health services furnished to aliens who have been allowed to enter the United States for the sole purpose of receiving emergency health services may be included in the determination of costs incurred by a State, local government, hospital, or other provider with respect to the provision of such services. ``(d) Applications; Advance Payments; Reallotment of Unused Funds.-- ``(1) Deadline for establishment of application process.-- ``(A) In general.--Not later than July 31, 2003, the Secretary shall establish a process under which States, local governments, hospitals, or other providers located in the State may apply for payments from allotments made under subsection (b) for a fiscal year for uncompensated emergency health services furnished to undocumented aliens during that fiscal year. ``(B) Inclusion of measures to combat fraud.--The Secretary shall include in the process established under subparagraph (A) measures to ensure that fraudulent payments are not made from the allotments determined under subsection (b) or from amounts reallotted under paragraph (3). ``(2) Advance payment; retrospective adjustment.--The process established under paragraph (1) shall allow for making payments under this section for each quarter of a fiscal year on the basis of advance estimates of expenditures submitted by applicants for such payments and such other investigation as the Secretary may find necessary, and for making reductions or increases in the payments as necessary to adjust for any overpayment or underpayment for prior quarters. ``(3) Reallotment of unused funds.-- ``(A) In general.--With respect to allotments made under subsection (b) for a fiscal year, the amount of any allotment to a State for a fiscal year that the Secretary determines will not be expended during that fiscal year or the succeeding fiscal year shall be available for reallotment during the second succeeding fiscal year, on such date as the Secretary may determine, to other States with allotments under that subsection that the Secretary determines will use such excess amounts during that second succeeding fiscal year. ``(B) Determination of reallotments.--Reallotments under subparagraph (A) shall be made in the same manner as allotments are determined under paragraphs (1) and (2) of subsection (b) but only with respect to those States that the Secretary determines qualify for a reallotment for a fiscal year under that subparagraph. ``(C) Treatment.--Any amount reallotted under subparagraph (A) to a State is deemed to be part of its allotment under subsection (b) for the fiscal year in which the reallotment occurs. ``(e) Definitions.--In this section: ``(1) Hospital.--The term `hospital' has the meaning given such term in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)). ``(2) Indian tribe; tribal organization.--The terms `Indian tribe' and `tribal organization' have the meanings given such terms in section 4 of the Indian Health Care Improvement Act. ``(3) Provider.--The term `provider' includes a physician, any other health care professional licensed under State law, and any other entity that furnishes emergency health services, including ambulance services. ``(4) Secretary.--The term `Secretary' means the Secretary of Health and Human Services. ``(5) State.--The term `State' means the 50 States and the District of Columbia. ``(f) Entitlement.--This section constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of amounts provided under this section.''.

Local Emergency Health Services Reimbursement Act of 2003 - Amends the Balanced Budget Act of 1997 to appropriate $1,450,000,000 for each of FY's 2004 through 2008 for allotments to States for reimbursement of emergency health services furnished to undocumented aliens (presently such appropriations end after FY 2001). Sets forth formulas for the disbursement of funds by the Secretary of Health and Human Services. Declares that $957,000,000 shall be allotted based on a percentage of undocumented aliens and $493,000,000 shall be allotted based on numbers of undocumented alien apprehensions (in the six States with the highest number of such apprehensions).Permits a State to receive funds on both accounts. Allows funds to go to States, local governments, hospitals, or other providers in a State, including providers of services received through an Indian Health Service facility (presently funds go only to States). Permits reimbursement to providers for the uncompensated provision of emergency health services to aliens who have been allowed to enter the United States for the sole purpose of receiving such services.Directs the Secretary to ensure that fraudulent payments are not made from allotments under this Act. Allows for the reallotment of unused funds.Declares that this Act constitutes budget authority in advance of appropriations Acts.

To amend the Balanced Budget Act of 1997 to extend and modify the reimbursement of State and local funds expended for emergency health services furnished to undocumented aliens.

SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``District of Columbia Legislative and Budget Autonomy Act of 1993''. (b) References in Act.--Whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the District of Columbia Self-Government and Governmental Reorganization Act. SEC. 2. DISTRICT OF COLUMBIA BUDGET AUTONOMY. (a) Enactment of District of Columbia Budget Without Further Congressional Approval.-- (1) In general.--Section 446 (sec. 47-304, D.C. Code) is amended by striking the third, fourth, and fifth sentences and inserting the following: ``Except as provided in section 467(d), section 471(c), section 472(d)(2), section 483(d), and subsections (f) and (g)(3) of section 490, no amount may be obligated or expended by any officer or employee of the District of Columbia government unless such amount has been approved by Act of Congress, an act of the Council, or a directive of the President under section 740, and then only in accordance with such authorization.''. (2) Conforming amendments.--(A) Sections 467(d), 471(c), 472(d)(2), and 483(d) and subsections (f) and (g)(3) of section 490 are each amended by striking ``fourth sentence'' and inserting ``second sentence''. (B) Section 412(a) (D.C. Code, sec. 1-229(a)) is amended by striking ``(other than an act to which section 446 applies)''. (3) Clerical amendments.--(A) The heading of section 446 is amended to read as follows: ``enactment of budget by the council'' (B) The item relating to section 446 in the table of contents is amended to read as follows: ``Sec. 446. Enactment of budget by the Council.''. (b) Action by Council of District of Columbia on Budget Acts.-- Section 404(f) (sec. 1-227(f), D.C. Code) is amended by striking ``transmitted by the Chairman to the President of the United States'' both places it appears and inserting ``incorporated in such Act''. (c) Permitting Employees To Be Hired If Position Authorized by Act of the Council.--Section 447 (sec. 47-305, D.C. Code) is amended-- (1) by inserting ``or act of the Council'' after ``Act of Congress'' both places it appears; and (2) by inserting ``and acts of the Council'' after ``Acts of Congress''. (d) Amendments to Limitations on Borrowing and Spending by the District To Reflect Changes in Budget Process.-- (1) Federal authority over budget-making process.--Section 603 (sec. 47-313, D.C. Code) is amended-- (A) by striking subsections (a) and (d); and (B) by redesignating subsections (b), (c), and (e) as subsections (a), (b), and (c). (2) Conforming amendments.--(A) Section 443(8) (sec. 47- 302(8), D.C. Code) is amended by striking ``section 603(b)'' and inserting ``section 603(a)''. (B) Section 445 (sec. 47-304, D.C. Code) is amended by striking ``603(c)'' and inserting ``603(b)''. (C) Section 461(a)(1) (sec. 47-321(a), D.C. Code) is amended by striking ``section 603(b)'' and inserting ``section 603(a)''. (D) Section 487(a) (sec. 43-615(a), D.C. Code) is amended by striking ``section 603(b)'' and inserting ``section 603(a)''. (e) Effective Date.--The amendments made by this section shall apply to budgets of the District of Columbia for fiscal years beginning on or after October 1, 1993. SEC. 3. ELIMINATION OF CONGRESSIONAL REVIEW OF NEWLY-PASSED DISTRICT LAWS. (a) In General.--Section 602 (sec. 1-233, D.C. Code) is amended by striking subsection (c). (b) Congressional Resolutions of Disapproval.-- (1) In general.--The District of Columbia Self-Government and Governmental Reorganization Act is amended by striking section 604. (2) Clerical amendment.--The table of contents is amended by striking the item relating to section 604. (3) Exercise of rulemaking power.--This subsection and the amendments made by this subsection are enacted by Congress-- (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as a part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (B) 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 such House. (c) Conforming Amendments.--(1) Section 303 (sec. 1-205, D.C. Code) is amended-- (A) in subsection (a), by striking the second sentence; and (B) by striking subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c). (2) Section 404(e) (sec. 1-227(e), D.C. Code) is amended by striking ``subject to the provisions of section 602(c)'' each place it appears. (3) Section 462 (sec. 47-322, D.C. Code) is amended-- (A) in subsection (a), by striking ``(a) The Council'' and inserting ``The Council''; and (B) by striking subsections (b) and (c). (4) Section 472(d) (sec. 47-328, D.C. Code) is amended by striking ``(1) Notwithstanding'' and all that follows through ``(2)''. (5) Section 2(b)(1) of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1-282(b)(1), D.C. Code) is amended by striking ``the appropriate custodian'' and all that follows through ``portion of such act to''. (6) Section 5 of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1-285, D.C. Code) is amended by striking ``, and such act'' and all that follows and inserting a period. (7) Section 16 of the District of Columbia Election Code of 1955 (sec. 1-1320, D.C. Code)-- (A) in subsection (j)(2)-- (i) by striking ``sections 404 and 602(c)'' and inserting ``section 404'', and (ii) by striking the second sentence; and (B) in subsection (m)-- (i) in the first sentence, by striking ``the appropriate custodian'' and all that follows through ``parts of such act to'', (ii) by striking ``is held. If, however, after'' and inserting ``is held unless, under'', and (iii) by striking ``section, the act which'' and all that follows and inserting ``section.''. (d) Effective Date.--The amendments made by this section shall apply with respect to each act of the District of Columbia-- (1) passed by the Council of the District of Columbia and signed by the Mayor of the District of Columbia; (2) vetoed by the Mayor and repassed by the Council; (3) passed by the Council and allowed to become effective by the Mayor without the Mayor's signature; and (4) in the case of initiated acts and acts subject to referendum, ratified by a majority of the registered qualified electors voting on the initiative or referendum, on or after October 1, 1993.

District of Columbia Legislative and Budget Autonomy Act of 1993 - Amends: (1) the District of Columbia Code to permit the enactment of the District budget, and the hiring of employees if a position is authorized by Act of the D.C. Council, without further congressional approval; and (2) the District of Columbia Self-Government and Governmental Reorganization Act to eliminate congressional review of newly-passed District laws.

District of Columbia Legislative and Budget Autonomy Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``One Percent Spending Reduction Act of 2016''. SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The fiscal crisis faced by the Federal Government demands immediate action. (2) The dramatic growth in spending and debt in recent years threatens the economic and national security of the United States: (A) Federal spending has grown from 18 percent of gross domestic product in 2001 to nearly 21 percent of gross domestic product in 2015. (B) Total Federal debt exceeds $19,000,000,000,000 and is projected to increase each year over the next 10 years. (C) Without action, the Federal Government will continue to run massive deficits in the next decade and total Federal debt will rise to $29,000,000,000,000 by 2026. (D) Interest payments on this debt will soon rise to the point where balancing the budget as a matter of policy is beyond the reach of Congress. (3) Absent reform, the growth of Social Security, Medicare, Medicaid, and other health-related spending will overwhelm all other Federal programs and consume all projected tax revenues. (b) Purpose.--The purpose of this Act is to address the fiscal crisis by-- (1) acting quickly to balance the Federal budget and eliminate the parade of deficits and ballooning interest payments; (2) achieving balance by reducing spending 1 percent per year until spending equals projected long-term revenues; and (3) reforming entitlement programs to ensure long-term fiscal stability and balance. SEC. 3. ESTABLISHMENT AND ENFORCEMENT OF SPENDING CAPS. (a) Outlay Caps.--The Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) is amended by inserting after section 253 the following: ``SEC. 253A. ESTABLISHING OUTLAY CAPS. ``(a) Outlay Caps.--In this section, the term `outlay cap' means: ``(1) Fiscal year 2017.--For fiscal year 2017, total outlays (less net interest payments) shall be not more than $3,645,000,000,000, less 1 percent. ``(2) Fiscal year 2018.--For fiscal year 2018, total outlays (less net interest payments) shall be not more than the amount computed under paragraph (1), less 1 percent. ``(3) Fiscal year 2019.--For fiscal year 2019, total outlays (less net interest payments) shall be not more than the amount computed under paragraph (2), less 1 percent. ``(4) Fiscal year 2020.--For fiscal year 2020, total outlays (less net interest payments) shall be not more than the amount computed under paragraph (3), less 1 percent. ``(5) Fiscal year 2021.--For fiscal year 2021, total outlays (less net interest payments) shall be not more than the amount computed under paragraph (4), less 1 percent. ``(6) Fiscal year 2022 and subsequent fiscal years.-- ``(A) In general.--For fiscal year 2022 and each fiscal year thereafter, total outlays shall be not more than 18 percent of the gross domestic product for that fiscal year, as estimated by the Office of Management and Budget prior to March of the previous fiscal year. ``(B) Limitation.--Notwithstanding subparagraph (A), for any fiscal year beginning with fiscal year 2023, total projected outlays may not be less than total projected outlays for the preceding fiscal year. ``(b) Sequestration.-- ``(1) In general.-- ``(A) Excess spending.--Not later than 45 calendar days after the beginning of a fiscal year, the Office of Management and Budget shall prepare and the President shall order a sequestration to eliminate any excess outlay amount. ``(B) Definitions.-- ``(i) Fiscal years 2017 through 2021.--For each of fiscal years 2017 through 2021 and for purposes of this subsection, the term `excess outlay amount' means the amount by which total projected Federal outlays (less net interest payments) for a fiscal year exceeds the outlay cap for that fiscal year. ``(ii) Fiscal year 2022 and subsequent fiscal years.--For fiscal year 2022 and each fiscal year thereafter and for purposes of this subsection, the term `excess outlay amount' means the amount by which total projected Federal outlays for a fiscal year exceeds the outlay cap for that fiscal year. ``(2) Sequestration.-- ``(A) CBO preview report.--On August 15 of each year, the Congressional Budget Office shall issue a sequestration preview report as described in section 254(c)(4). ``(B) OMB preview report.--On August 20 of each year, the Office of Management and Budget shall issue a sequestration preview report as described in section 254(c)(4). ``(C) Final report.--On October 31 of each year, the Office of Management and Budget shall issue a final sequestration report as described in section 254(f)(3), which shall be accompanied by a Presidential order detailing uniform spending reductions equal to the excess outlay amount. ``(D) Process.--The reductions shall generally follow the process set forth in sections 253 and 254, except as provided in this section. ``(3) Congressional action.--If the August 20 report by the Office of Management and Budget projects a sequestration, the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives may report a resolution directing committees of their House to change the existing law to achieve the spending reductions outlined in the August 20 report necessary to meet the outlay limits. ``(c) No Exempt Programs.--Section 255 and section 256 shall not apply to this section or any sequestration order issued under this section, except that payments for net interest (budget function 900) shall be exempt from the spending reductions under sequestration. ``(d) Look Back.--If, after November 14, a bill resulting in outlays for the fiscal year in progress is enacted that causes excess outlays, the excess outlay amount for the next fiscal year shall be increased by the amount or amounts of that breach.''. (b) Conforming Amendments to BBEDCA.-- (1) Sequestration preview reports.--Section 254(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 904(c)(4)) is amended to read as follows: ``(4) Outlay cap sequestration reports.--The preview reports shall set forth for the budget year estimates for the following: ``(A)(i) For each of budget years 2017 through 2021, total projected outlays (less net interest payments), less one percent. ``(ii) For budget year 2022 and each subsequent budget year, the estimated gross domestic product for that budget year. ``(B) The amount of reductions required under section 253A. ``(C) The sequestration percentage necessary to achieve the required reduction under section 253A.''. (2) Final sequestration reports.--Section 254(f)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 904(f)(3)) is amended to read as follows: ``(3) Outlay caps sequestration reports.--The final reports shall contain all the information required in the outlay cap sequestration preview reports. In addition, these reports shall contain, for the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary sources to be sequestered and result in outlay reductions. The reports shall also contain estimates of the effects on outlays on the sequestration of each outyear for direct spending programs.''. (c) Enforcement.--Title III of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended by adding after section 315 the following: ``SEC. 316. ENFORCEMENT PROCEDURES. ``(a) Outlay Caps.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, amendment between the Houses, or conference report that includes any provision that would cause the most recently reported, current outlay cap set forth in section 253A of the Balanced Budget and Emergency Deficit Control Act of 1985 to be breached or increased. ``(b) Waiver or Suspension.-- ``(1) In the senate.--The provisions of this section may be waived or suspended in the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn. ``(2) In the house.--The provisions of this section may be waived or suspended in the House of Representatives only by a rule or order proposing only to waive such provisions by an affirmative vote of two-thirds of the Members, duly chosen and sworn. ``(c) Point of Order Protection.--In the House, it shall not be in order to consider a rule or order that waives the application of paragraph (2) of subsection (b). ``(d) Motion To Suspend.--It shall not be in order for the Speaker to entertain a motion to suspend the application of this section under clause 1 of rule XV.''. SEC. 4. CONFORMING AMENDMENTS. The table of contents set forth in-- (1) section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Enforcement procedures.''; and (2) section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after the item relating to section 253 the following new item: ``Sec. 253A. Establishing outlay caps.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply to fiscal year 2017 and each fiscal year thereafter, including any reports and calculations required for implementation in fiscal year 2017.

One Percent Spending Reduction Act of 2016 This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to establish and enforce new spending caps. The bill establishes an outlay cap (less net interest payments) for FY2017 of $3.645 trillion, less 1%. For each year from FY2018-FY2021, the bill reduces the outlay cap by 1% of the previous year's outlay cap. For FY2022 and subsequent years, total outlays may not exceed 18% of the gross domestic product (GDP) for that year as estimated by the Office of Management and Budget (OMB). Beginning in FY2023, total projected outlays may not be less than the total projected outlays for the preceding year. The OMB must enforce the spending caps using a sequestration to eliminate any excess spending through automatic cuts. The bill eliminates most of the existing exemptions from sequestration, with the exception of interest payments on the debt. If the OMB projects a sequestration, the congressional budget committees may report a resolution directing congressional committees to change existing law to achieve the spending reductions necessary to meet the outlay limits. The bill amends the Congressional Budget Act of 1974 to establish procedures for Congress to enforce the outlay caps established by this bill.

One Percent Spending Reduction Act of 2016

SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``San Gabriel Mountains Forever Act of 2017''. (b) Definitions.--In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (2) State.--The term ``State'' means the State of California. SEC. 2. DESIGNATION OF WILDERNESS, ANGELES NATIONAL FOREST, CALIFORNIA. (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following National Forest System lands in the State are designated as wilderness and as components of the National Wilderness Preservation System: (1) Condor peak wilderness.--Certain Federal land in the Angeles National Forest, comprising approximately 8,417 acres, as generally depicted on the map entitled ``Condor Peak Wilderness--Proposed'' and dated _____, which shall be known as the Condor Peak Wilderness. (2) San gabriel wilderness additions.--Certain Federal land in the Angeles National Forest, comprising approximately 2,027 acres, as generally depicted on the map entitled ``San Gabriel Wilderness Additions'' and dated _____, which is incorporated in, and considered to be a part of, the San Gabriel Wilderness designated by Public Law 90-318 (16 U.S.C. 1132 note; 82 Stat. 131). (3) Sheep mountain wilderness additions.--Certain Federal land in the Angeles National Forest, comprising approximately 13,851 acres, as generally depicted on the map entitled ``Sheep Mountain Wilderness Additions'' and dated _____, which is incorporated in, and considered to be a part of, the Sheep Mountain Wilderness designated by section 101(a)(29) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1623). (4) Yerba buena wilderness.--Certain Federal land in the Angeles National Forest, comprising approximately 6,774 acres, as generally depicted on the map entitled ``Yerba Buena Wilderness--Proposed'' and dated _____, which shall be known as the Yerba Buena Wilderness. (b) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the wilderness areas and wilderness additions designated by subsection (a) with-- (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law.--The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical and typographical errors in the map and legal description. (3) Public availability.--The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. SEC. 3. ADMINISTRATION OF WILDERNESS. (a) In General.--Subject to valid existing rights, the wilderness areas and wilderness additions designated by section 2 shall be administered by the Secretary in accordance with this section and the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act. (b) Fire Management and Related Activities.-- (1) In general.--The Secretary may take such measures in a wilderness area or wilderness addition designated by section 2 as are necessary for the control of fire, insects, and diseases in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th Congress. (2) Funding priorities.--Nothing in this Act limits funding for fire and fuels management in the wilderness areas or wilderness additions designated by section 2. (3) Revision and development of local fire management plans.--As soon as practicable after the date of enactment of this Act, the Secretary shall amend the local fire management plans that apply to the land designated as a wilderness area or wilderness addition by section 2. (4) Administration.--Consistent with paragraph (1) and other applicable Federal law, to ensure a timely and efficient response to fire emergencies in the wilderness areas and wilderness additions designated by section 2, the Secretary shall-- (A) not later than 1 year after the date of enactment of this Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies; and (B) enter into agreements with appropriate State or local firefighting agencies. (c) Grazing.--The grazing of livestock in the wilderness areas or wilderness additions designated by section 2, if established before the date of enactment of this Act, shall be administered in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405). (d) Fish and Wildlife.-- (1) In general.--In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act affects the jurisdiction or responsibilities of the State with respect to fish and wildlife on public land in the State. (2) Management activities.-- (A) In general.--In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activities that are necessary to maintain or restore fish and wildlife populations and habitats in the wilderness areas and wilderness additions designated by section 2, if the management activities are-- (i) consistent with relevant wilderness management plans; and (ii) conducted in accordance with appropriate policies, such as the policies established in Appendix B of House Report 101- 405. (B) Inclusions.--Management activities under subparagraph (A) may include the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values while causing the minimum impact necessary to accomplish those tasks. (C) Existing activities.--Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies, such as those established in Appendix B of House Report 101- 405, the State may use aircraft (including helicopters) in the wilderness areas and wilderness additions designated by section 2 to survey, capture, transplant, monitor, and provide water for wildlife populations, including bighorn sheep. (e) Buffer Zones.-- (1) In general.--Congress does not intend for the designation of wilderness areas or wilderness additions by section 2 to lead to the creation of protective perimeters or buffer zones around each wilderness area or wilderness addition. (2) Activities or uses up to boundaries.--The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area or wilderness addition designated by section 2 shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area or addition. (f) Military Activities.--Nothing in this Act precludes-- (1) low-level overflights of military aircraft over the wilderness areas or wilderness additions designated by section 2; (2) the designation of new units of special airspace over the wilderness areas or wilderness additions designated by section 2; or (3) the use or establishment of military flight training routes over wilderness areas or wilderness additions designated by section 2. (g) Horses.--Nothing in this Act precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, an area designated as a wilderness area or wilderness addition by section 2-- (1) in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)); and (2) subject to any terms and conditions determined to be necessary by the Secretary. (h) Law Enforcement.--Nothing in this Act precludes law enforcement and drug interdiction efforts within the wilderness areas and wilderness additions designated by section 2 in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.). (i) Withdrawal.--Subject to valid existing rights, the wilderness areas and wilderness additions designated by section 2 are withdrawn from-- (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral materials and geothermal leasing laws. (j) Incorporation of Acquired Land and Interests.--Any land within the boundary of a wilderness area or wilderness addition designated by section 2 that is acquired by the United States shall-- (1) become part of the wilderness area in which the land is located; and (2) be managed in accordance with this section, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law. (k) Climatological Data Collection.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas or wilderness additions designated by section 2 if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities. SEC. 4. DESIGNATION OF WILD AND SCENIC RIVERS. (a) Designation.--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: ``(213) East fork san gabriel river, california.--The following segments of the East Fork San Gabriel River, to be administered by the Secretary of Agriculture in the following classes: ``(A) The 10-mile segment from the confluence of the Prairie Fork and Vincent Gulch to 100 yards upstream of the Heaton Flats trailhead and day use area, as a wild river. ``(B) The 2.7-mile segment from 100 yards upstream of the Heaton Flats trailhead and day use area to 100 yards upstream of the confluence with Williams Canyon, as a recreational river. ``(214) North fork san gabriel river, california.--The 4.3- mile segment of the North Fork San Gabriel River from the confluence with Cloudburst Canyon to .25 miles upstream of the confluence with the West Fork San Gabriel River, to be administered by the Secretary of Agriculture as a recreational river. ``(215) West fork san gabriel river, california.--The following segments of the West Fork San Gabriel River, to be administered by the Secretary of Agriculture in the following classes: ``(A) The 6.7-mile segment from 0.25 miles downstream of its source near Red Box Gap in section 14, T2N, R12W, to the confluence with the unnamed tributary .25 miles downstream of the power lines in section 22, T2N, R11W, as a recreational river. ``(B) The 1.6-mile segment of the West Fork from 0.25 miles downstream of the powerlines in section 22, T2N, R11W, to the confluence with Bobcat Canyon, as a wild river. ``(216) Little rock creek, california.--The following segments of Little Rock Creek and tributaries, to be administered by the Secretary of Agriculture in the following classes: ``(A) The 10.3-mile segment from its source on Mt. Williamson in section 6, T3N, R9W, to 100 yards upstream of the confluence with the South Fork Little Rock Creek, as a wild river. ``(B) The 6.6-mile segment from 100 yards upstream of the confluence with the South Fork Little Rock Creek to the confluence with Santiago Canyon, as a recreational river. ``(C) The 1-mile segment of Cooper Canyon Creek from .25 miles downstream of Highway 2 to 100 yards downstream of Cooper Canyon Campground, as a scenic river. ``(D) The 1.3-mile segment of Cooper Canyon Creek from 100 yards downstream of Cooper Canyon Campground to the confluence with Little Rock Creek, as a wild river. ``(E) The 1-mile segment of Buckhorn Creek from 100 yards downstream of the Buckhorn Campground to its confluence with Cooper Canyon Creek, as a wild river.''. (b) Water Resource Facilities and Water Use.-- (1) Water resource facilities.-- (A) Definition.--In this section, the term ``water resource facility'' means-- (i) irrigation and pumping facilities, dams and reservoirs, flood control facilities, water conservation works, including debris protection facilities, sediment placement sites, rain gauges and stream gauges, water quality facilities, recycled water pumping, conveyance distribution systems, and treatment facilities, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities; and (ii) other water diversion, storage, and carriage structures. (B) No effect on existing water resource facilities.--Nothing in this section shall alter, modify, or affect-- (i) the use, operation, maintenance, repair, construction, reconfiguration, expansion, or replacement of a water resource facility downstream of a wild and scenic river segment designated by this section, provided that the physical structures of such facilities or reservoirs shall not be located within the river areas designated in this section; or (ii) access to a water resource facility downstream of a wild and scenic river segment designated by this section. (C) No effect on new water resource facilities.-- Nothing in this section shall preclude the establishment of new water resource facilities (including instream sites, routes, and areas) downstream of a wild and scenic river segment designated by this section. (2) Limitation.--Any new reservation of water or new use of water pursuant to existing water rights held by the United States to fulfill the purposes of the National Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) shall be for non- consumptive instream use only within the segments designated by this section. (3) Existing law.--Nothing in this section affects the implementation of the Endangered Species Act (16 U.S.C. 1531 et seq.). SEC. 5. WATER RIGHTS. (a) Statutory Construction.--Nothing in this Act and no action to implement this Act-- (1) shall constitute or be construed to constitute either an express or implied reservation of any water or water rights or authorizing an expansion of water use pursuant to existing water rights held by the United States with respect to the land designated as a wilderness area or wilderness addition by section 2 or land adjacent to the wild and scenic river segments designated by the amendment made by section 4; (2) shall affect, alter, modify or condition any water rights in the State existing on the date of enactment of this Act, including any water rights held by the United States; (3) shall be construed as establishing a precedent with regard to any future wilderness or wild and scenic river designations; (4) shall affect, alter, or modify the interpretation of, or any designation, decision or action made pursuant to, any other Act; or (5) shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State and other States. (b) State Water Law.--The Secretary shall comply with and follow the procedural and substantive requirements of the law of the State in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the wilderness areas and wilderness additions designated by section 2, and the wild and scenic rivers designated by the amendment made by section 4.

San Gabriel Mountains Forever Act of 2017 This bill designates specified federal lands in Angeles National Forest in California as wilderness and as components of the National Wilderness Preservation System. The bill amends the Wild and Scenic Rivers Act to designate specified segments of the East Fork San Gabriel River, the North Fork San Gabriel River, the West Fork San Gabriel River, and Little Rock Creek in California as wild, recreational, or scenic rivers and as components of the National Wild and Scenic Rivers System.

San Gabriel Mountains Forever Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Improvement Act of 1998''. SEC. 2. FASTER VESTING FOR EMPLOYER CONTRIBUTIONS TO DEFINED CONTRIBUTION PLANS. (a) Amendments to Internal Revenue Code.-- (1) In general.--Paragraph (2) of section 411(a) of the Internal Revenue Code of 1986 (relating to minimum vesting standards), as amended by paragraph (2), is amended by adding at the end the following new subparagraph: ``(B) Defined contribution plans.--A defined contribution plan satisfies the requirements of this subparagraph if the plan satisfies the requirements of clause (i) or (ii). ``(i) 3-year vesting.--A plan satisfies the requirements of this clause if an employee who has completed at least 3 years of service has a nonforfeitable right to 100 percent of the employee's accrued benefit derived from employer contributions. ``(ii) 5-year vesting.--A plan satisfies the requirements of this clause if an employee has a nonforfeitable right to a percentage of the employee's accrued benefit derived from employer contributions determined under the following table: The nonforfeitable ``Years of service: percentage is: 1............................................. 20 2............................................. 40 3............................................. 60 4............................................. 80 5............................................. 100.''. (2) Conforming amendments.--Paragraph (2) of section 411(a) of such Code (as in effect before the amendment made by paragraph (1)) is amended-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), (B) by striking the material preceding clause (i) (as so redesignated) and inserting the following: ``(2) Employer contributions.-- ``(A) Defined benefit plans.--A defined benefit plan satisfies the requirements of this subparagraph if the plan satisfies the requirements of clause (i) or (ii).'', and (C) in clauses (i) and (ii) (as so redesignated), by striking ``subparagraph'' and inserting ``clause''. (b) Amendments to ERISA.-- (1) In general.--Paragraph (2) of section 203(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1053(a)), as amended by paragraph (2), is amended by adding at the end the following new subparagraph: ``(B) A defined contribution plan satisfies the requirements of this subparagraph if the plan satisfies the requirements of clause (i) or (ii). ``(i) A plan satisfies the requirements of this clause if an employee who has completed at least 3 years of service has a nonforfeitable right to 100 percent of the employee's accrued benefit derived from employer contributions. ``(ii) A plan satisfies the requirements of this clause if an employee has a nonforfeitable right to a percentage of the employee's accrued benefit derived from employer contributions determined under the following table: The nonforfeitable ``Years of service: percentage is: 1............................................. 20 2............................................. 40 3............................................. 60 4............................................. 80 5............................................. 100.''. (2) Conforming amendments.--Paragraph (2) of section 203(a) of such Act (as in effect before the amendment made by paragraph (1)) is amended-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), (B) by striking the material preceding clause (i) (as so redesignated) and inserting the following: ``(2)(A) A defined benefit plan satisfies the requirements of this subparagraph if the plan satisfies the requirements of clause (i) or (ii).'', and (C) in clauses (i) and (ii) (as so redesignated), by striking ``subparagraph'' and inserting ``clause''. (c) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to contributions for plan years beginning after December 31, 1998. (2) Collective bargaining agreements.--In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified by the date of the enactment of this Act, the amendments made by this section shall not apply to contributions on behalf of employees covered by any such agreement for plan years beginning before the earlier of-- (A) the later of-- (i) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof on or after such date of enactment), or (ii) January 1, 1999, or (B) January 1, 2003. SEC. 3. EMPLOYERS REQUIRED TO PERMIT ROLLOVERS TO INDIVIDUAL RETIREMENT PLANS WITHIN 3 MONTHS AFTER SEPARATION FROM SERVICE. (a) In General.--Subsection (a) of section 401 of the Internal Revenue Code of 1986 (relating to qualified pension, profit-sharing, and stock bonus plans) is amended by inserting after paragraph (34) the following new paragraph: ``(35) Rollovers required to be permitted after separation from service.-- ``(A) In general.--A trust shall not constitute a qualified trust under this section unless the plan of which such trust is a part provides that-- ``(i) each employee is entitled to elect that an eligible rollover distribution be made to a individual retirement plan during the 90- day period beginning on the date the employee separates from service with the employer, and ``(ii) if such election is made and the employee specifies the individual retirement plan to which such distribution is to be paid (in such form and at such time as the plan administrator may prescribe), such plan will make such distribution during such period. ``(B) Limitation.--Subparagraph (A) shall apply only to the extent that the eligible rollover distribution-- ``(i) would be includible in gross income if not transferred as provided in subparagraph (A) (determined without regard to sections 402(c) and 403(a)(4)), and ``(ii) consists of not less than substantially all of the portion of the balance to the credit of the employee which would be so includible.'' (b) 25-Percent Additional Tax on Distributions Within 2 Years After Rollover.--Subsection (t) of section 72 of such Code (relating to 10- percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new paragraph: ``(9) 25-percent additional tax on distributions within 2 years after rollover after separation from service.--In the case of an individual retirement plan to which a rollover described in section 401(a)(35)(A) is made-- ``(A) In general.--During the 2-year period beginning on the date that the rollover (referred to in such section) is paid into the plan, paragraph (1) shall be applied by substituting `25 percent' for `10 percent'. ``(B) Commingling not permitted.-- ``(i) Section 408(d)(3) shall not apply to any amount received by an individual from such plan (and no amount transferred from such plan to another individual retirement plan shall be excluded from gross income by reason of such transfer). ``(ii) Such plan shall not be treated as an individual retirement plan for purposes of determining whether any other amount is a rollover contribution.''. (c) Exception From Income Tax Withholding.--Paragraph (2) of section 3405(c) of such Code is amended by striking ``section 401(a)(31)(A)'' and inserting ``paragraph (31)(A) or (35)(A) of section 401(a)''. (d) Effective Date.--The amendments made by this section shall apply to employees who separate from service after December 31, 1998. SEC. 4. PENALTY-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT PLANS TO UNEMPLOYED INDIVIDUALS. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(G) Distributions to unemployed individuals.--A distribution from an individual retirement plan to an individual after separation from employment, if-- ``(i) such individual has received unemployment compensation for 12 consecutive weeks under any Federal or State unemployment compensation law by reason of such separation, and ``(ii) such distributions are made during any taxable year during which such unemployment compensation is paid or the succeeding taxable year. To the extent provided in regulations, a self-employed individual shall be treated as meeting the requirements of clause (i) if, under Federal or State law, the individual would have received unemployment compensation but for the fact the individual was self- employed.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to distributions after December 31, 1998. SEC. 5. INVOLUNTARY CASH-OUTS PERMITTED ONLY IF DISTRIBUTION ROLLED TO AN IRA. (a) Amendments to Internal Revenue Code.-- (1) Vesting.--Paragraph (11) of section 411(a) of the Internal Revenue Code of 1986 (relating to restrictions on certain mandatory distributions) is amended by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively, and by inserting after subparagraph (A) the following new subparagraph: ``(B) Rollover required if present value of benefit below threshold.--If the present value of any nonforfeitable accrued benefit does not exceed $5,000, a plan meets the requirements of this paragraph only if such plan provides that such benefit (to the extent the distribution of such benefit is otherwise includible in gross income) may be immediately distributed only in a trustee-to-trustee transfer to an individual retirement plan of such individual which is specified by such individual.''. (2) Joint and survivor annuities.--The first sentence of section 417(e)(1) of such Code is amended to read as follows: ``If the present value of a qualified joint and survivor annuity or a qualified preretirement survivor annuity under a plan does not exceed the dollar limit under section 411(a)(11)(A), the plan may provide that such value (to the extent the distribution of such value is otherwise includible in gross income) will be immediately distributed but only if the participant and the spouse of the participant (or where the participant has died, the surviving spouse) designate 1 or more individual retirement plans of any such individual to receive such distribution and such distribution is made in a trustee- to-trustee transfer in accordance with such designation.''. (3) Section 457 plans.--Subparagraph (A) of section 457(e)(9) of such Code is amended by adding at the end the following new sentence: ``This paragraph shall apply only if the amount (to the extent the distribution of such amount is otherwise includible in gross income) is distributed in a trustee-to-trustee transfer to an individual retirement plan of such individual which is specified by such individual.''. (4) 25-percent additional tax on distributions within 2 years after cashout rollover.--Subsection (t) of section 72 of such Code (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new paragraph: ``(10) 25-percent additional tax on distributions within 2 years after cashout rollover.-- ``(A) In general.--In the case of any trustee-to- trustee transfer described in section 411(a)(11), 417(e)(1), or 457(e)(9) to an individual retirement plan, during the 2-year period beginning on the date that such transfer is made to such plan, paragraph (1) shall be applied by substituting `25 percent' for `10 percent'. ``(B) Commingling not permitted.--In the case of a individual retirement plan to which there is a rollover described in subparagraph (A)-- ``(i) section 408(d)(3) shall not apply to any amount received by an individual from such plan (and no amount transferred from such plan to another individual retirement plan shall be excluded from gross income by reason of such transfer), and ``(ii) such plan shall not be treated as an individual retirement plan for purposes of determining whether any other amount is a rollover contribution.''. (5) Exception from income tax withholding.--Paragraph (2) of section 3405(c) of such Code is amended by inserting before the period ``or if the distribution is a trustee-to-trustee transfer described in section 411(a)(11), 417(e)(1), or 457(e)(9)''. (b) Amendments to ERISA.-- (1) Vesting.-- (A) Subsection (e) of section 203 of Employee Retirement Income Security Act of 1974 is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) If the present value of any nonforfeitable benefit with respect to a participant in a plan does not exceed $5,000, the plan shall provide that such benefit (to the extent the distribution of such benefit is otherwise includible in gross income) may be immediately distributed only in a trustee-to-trustee transfer to an individual retirement plan of such individual which is specified by such individual.''. (B) Paragraph (3) of section 203(e) of such Act, as redesignated by subparagraph (A), is amended by striking ``paragraph (1)'' and inserting ``paragraphs (1) and (2)''. (2) Joint and survivor annuities.--The first sentence of section 205(g)(1) of such Act is amended to read as follows: ``If the present value of a qualified joint and survivor annuity or a qualified preretirement survivor annuity under a plan does not exceed the dollar limit under section 203(e)(1), the plan may provide that such value (to the extent the distribution of such value is otherwise includible in gross income) will be immediately distributed but only if the participant and the spouse of the participant (or where the participant has died, the surviving spouse) designate 1 or more individual retirement plans of any such individual to receive such distribution and such distribution is made in a trustee- to-trustee transfer in accordance with such designation.''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 1998.

Pension Improvement Act of 1998 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to set separate minimum vesting standards for defined contribution and defined benefit plans. (Sec. 3) Amends the Internal Revenue Code to require that plans entitle an employee to elect a rollover distribution to an individual retirement plan within 90 days of separation. Impose s a 25 percent tax on early distributions within 2 years after such a rollover. Exempts such rollovers from withholding. (Sec. 4) Allows penalty-free distributions from individual retirement plans of certain unemployed individuals. (Sec. 5) Amends the Internal Revenue Code and ERISA to require, if the present value of any nonforfeitable accrued benefit is under a specified dollar amount, that a plan allow a benefit to be immediately distributed only in a trustee-to-trustee transfer to an individual retirement plan. Requires, if the present value of a joint and survivor annuity or preretirement survivor annuity is under a specified dollar amount, that the plan immediately distribute the value only if the participant and the participant's spouse designate one or more individual retirement plans and the distribution is made in a trustee-to-trustee transfer. Amends the Internal Revenue Code to require that, in order to be treated as not made available as a result of an election or an involuntary distribution, amounts distributed from a State or local government plan or nonprofit organization plan be distributed in a trustee-to-trustee transfer to an individual retirement account. Impose s a 25 percent tax on early distributions within 2 years after such a distribution. Exempts such distributions from withholding.

Pension Improvement Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Oceanographic Partnership Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The oceans and coastal areas of the United States are among the Nation's most valuable natural resources, making substantial contributions to economic growth, quality of life, and national security. (2) Oceans drive global and regional climate. Hence, they contain information affecting agriculture, fishing, and the prediction of severe weather. (3) Understanding of the oceans through basic and applied research is essential for using the oceans wisely and protecting their limited resources. Therefore, the United States should maintain its world leadership in oceanography as one key to its competitive future. (4) Ocean research and education activities take place within Federal agencies, academic institutions, and industry. These entities often have similar requirements for research facilities, data, and other resources (such as oceanographic research vessels). (5) The need exists for a formal mechanism to coordinate existing partnerships and establish new partnerships for the sharing of resources, intellectual talent, and facilities in the ocean sciences and education, so that optimal use can be made of this most important natural resource for the well-being of all Americans. SEC. 3. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM. (a) Program Required.--(1) Subtitle C of title 10, United States Code, is amended by adding after chapter 663 the following new chapter: ``CHAPTER 665--NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM ``Sec. ``7901. National Oceanographic Partnership Program. ``7902. National Ocean Research Leadership Council. ``7903. Ocean Research Partnership Coordinating Group. ``7904. Ocean Research Advisory Panel. ``Sec. 7901. National Oceanographic Partnership Program ``(a) Establishment.--The Secretary of the Navy shall establish a program to be known as the `National Oceanographic Partnership Program'. ``(b) Purposes.--The purposes of the program are as follows: ``(1) To promote the national goals of assuring national security, advancing economic development, protecting quality of life, and strengthening science education and communication through improved knowledge of the ocean. ``(2) To coordinate and strengthen oceanographic efforts in support of those goals by-- ``(A) identifying and carrying out partnerships among Federal agencies, academia, industry, and other members of the oceanographic scientific community in the areas of data, resources, education, and communication; and ``(B) reporting annually to Congress on the program. ``Sec. 7902. National Ocean Research Leadership Council ``(a) Council.--There is a National Ocean Research Leadership Council (hereinafter in this chapter referred to as the ``Council''). ``(b) Membership.--The Council is composed of the following members: ``(1) The Secretary of the Navy, who shall be the chairman of the Council. ``(2) The Administrator of the National Oceanic and Atmospheric Administration, who shall be the vice chairman of the Council. ``(3) The Director of the National Science Foundation. ``(4) The Administrator of the National Aeronautics and Space Administration. ``(5) The Deputy Secretary of Energy. ``(6) The Administrator of the Environmental Protection Agency. ``(7) The Commandant of the Coast Guard. ``(8) The Director of the Geological Survey of the Department of the Interior. ``(9) The Director of the Defense Advanced Research Projects Agency. ``(10) The Director of the Minerals Management Service of the Department of the Interior. ``(11) The President of the National Academy of Sciences, the President of the National Academy of Engineering, and the President of the Institute of Medicine. ``(12) The Director of the Office of Science and Technology. ``(13) The Director of the Office of Management and Budget. ``(14) One member appointed by the Chairman from among individuals who will represent the views of ocean industries. ``(15) One member appointed by the Chairman from among individuals who will represent the views of State governments. ``(16) One member appointed by the Chairman from among individuals who will represent the views of academia. ``(17) One member appointed by the Chairman from among individuals who will represent such other views as the Chairman considers appropriate. ``(c) Term of Office.--The term of office of a member of the Council appointed under paragraph (14), (15), (16), or (17) of subsection (b) shall be two years, except that any person appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. ``(d) Responsibilities.--The Council shall have the following responsibilities: ``(1) To establish the Ocean Research Partnership Coordinating Group as provided in section 7903. ``(2) To establish the Ocean Research Advisory Panel as provided in section 7904. ``(3) To submit to Congress an annual report pursuant to subsection (e). ``(e) Annual Report.--Not later than March 1 of each year, the Council shall submit to Congress a report on the National Oceanographic Partnership Program. The report shall contain the following: ``(1) A description of activities of the program carried out during the fiscal year before the fiscal year in which the report is prepared. The description also shall include a list of the members of the Ocean Research Partnership Coordinating Group, the Ocean Research Advisory Panel, and any working groups in existence during the fiscal year covered. ``(2) A general outline of the activities planned for the program during the fiscal year in which the report is prepared. ``(3) A summary of projects continued from the fiscal year before the fiscal year in which the report is prepared and projects expected to be started during the fiscal year in which the report is prepared and during the following fiscal year. ``(4) A description of the involvement of the program with Federal interagency coordinating entities. ``(5) The amounts requested, in the budget submitted to Congress pursuant to section 1105(a) of title 31 for the fiscal year following the fiscal year in which the report is prepared, for the programs, projects, and activities of the program and the estimated expenditures under such programs, projects, and activities during such following fiscal year. ``Sec. 7903. Ocean Research Partnership Coordinating Group ``(a) Establishment.--The Council shall establish an entity to be known as the `Ocean Research Partnership Coordinating Group' (hereinafter in this chapter referred to as the `Coordinating Group'). ``(b) Membership.--The Coordinating Group shall consist of members appointed by the Council, with one member appointed from each Federal department or agency having an oceanographic research or development program. ``(c) Chairman.--The Council shall appoint the Chairman of the Coordinating Group. ``(d) Responsibilities.--Subject to the authority, direction, and control of the Council, the Coordinating Group shall have the following responsibilities: ``(1) To prescribe policies and procedures to implement the National Oceanographic Partnership Program. ``(2) To review, select, and identify and allocate funds for partnership projects for implementation under the program, based on the following criteria: ``(A) Whether the project addresses critical research objectives or operational goals, such as data accessibility and quality assurance, sharing of resources, education, or communication. ``(B) Whether the project has broad participation within the oceanographic community. ``(C) Whether the partners have a long-term commitment to the objectives of the project. ``(D) Whether the resources supporting the project are shared among the partners. ``(E) Whether the project has been subjected to adequate peer review. ``(3) To promote participation in partnership projects by each Federal department and agency involved with oceanographic research and development by publicizing the program and by prescribing guidelines for participation in the program. ``(4) To submit to the Council an annual report pursuant to subsection (i). ``(e) Partnership Program Office.--The Coordinating Group shall establish, using competitive procedures, and oversee a partnership program office to carry out such duties as the Chairman of the Coordinating Group considers appropriate to implement the National Oceanographic Partnership Program, including the following: ``(1) To establish and oversee working groups to propose partnership projects to the Coordinating Group and advise the Group on such projects. ``(2) To manage peer review of partnership projects proposed to the Coordinating Group and competitions for projects selected by the Group. ``(3) To submit to the Coordinating Group an annual report on the status of all partnership projects and activities of the office. ``(f) Contract and Grant Authority.--The Coordinating Group may authorize one or more of the departments or agencies represented in the Group to enter into contracts and make grants, using funds appropriated pursuant to an authorization for the National Oceanographic Partnership Program, for the purpose of implementing the program and carrying out the Coordinating Group's responsibilities. ``(g) Forms of Partnership Projects.--Partnership projects selected by the Coordinating Group may be in any form that the Coordinating Group considers appropriate, including memoranda of understanding, cooperative research and development agreements, and similar instruments. ``(h) Annual Report.--Not later than February 1 of each year, the Coordinating Group shall submit to the Council a report on the National Oceanographic Partnership Program. The report shall contain, at a minimum, copies of any recommendations or reports to the Coordinating Group by the Ocean Research Advisory Panel. ``Sec. 7904. Ocean Research Advisory Panel ``(a) Establishment.--The Council shall appoint an Ocean Research Advisory Panel (hereinafter in this chapter referred to as the `Advisory Panel') consisting of not less than 10 and not more than 18 members. ``(b) Membership.--Members of the Advisory Panel shall be appointed from among persons who are eminent in the fields of marine science or marine policy, or related fields, and who are representative, at a minimum, of the interests of government, academia, and industry. ``(c) Responsibilities.--(1) The Coordinating Group shall refer to the Advisory Panel, and the Advisory Panel shall review, each proposed partnership project estimated to cost more than $500,000. The Advisory Panel shall make any recommendations to the Coordinating Group that the Advisory Panel considers appropriate regarding such projects. ``(2) The Advisory Panel shall make any recommendations to the Coordinating Group regarding activities that should be addressed by the National Oceanographic Partnership Program that the Advisory Panel considers appropriate.''. (2) The table of chapters at the beginning of subtitle C of title 10, United States Code, and at the beginning of part IV of such subtitle, are each amended by inserting after the item relating to chapter 663 the following: ``665. National Oceanographic Partnership Program........... 7901''. (b) Initial Appointments of Council Members.--The Secretary of the Navy shall make the appointments required by section 7902(b) of title 10, United States Code, as added by subsection (a)(1), not later than December 1, 1996. (c) Initial Appointments of Advisory Panel Members.--The National Ocean Research Leadership Council established by section 7902 of title 10, United States Code, as added by subsection (a)(1), shall make the appointments required by section 7904 of such title not later than January 1, 1997. (d) First Annual Report of National Ocean Research Leadership Council.--The first annual report required by section 7902(e) of title 10, United States Code, as added by subsection (a)(1), shall be submitted to Congress not later than March 1, 1997. The first report shall include, in addition to the information required by such section, information about the terms of office, procedures, and responsibilities of the Ocean Research Advisory Panel established by the Council. (e) Authorization of Appropriations.--There is authorized to be appropriated $30,000,000 for the National Oceanographic Partnership Program for fiscal year 1997. (f) Required Funding for Program Office.--Of the amount appropriated for the National Oceanographic Partnership Program for fiscal year 1997, at least $500,000, or 3 percent of the amount appropriated, whichever is greater, shall be available for operations of the partnership program office established pursuant to section 7903(e) of title 10, United States Code, for such fiscal year.

National Oceanographic Partnership Act - Establishes the National Oceanographic Partnership Program. Sets forth the purposes of the program. Establishes the: (1) National Ocean Research Leadership Council; (2) Ocean Research Partnership Coordinating Group; and (3) Ocean Research Advisory Panel under the program. Sets forth the composition of membership and specified duties of each. Mandates certain annual reports. Authorizes appropriations for the National Oceanographic Partnership Program for FY 1997 and requires that a certain amount be available for the operations of the partnership program office for such fiscal year.

National Oceanographic Partnership Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2014''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS Sec. 101. Prohibiting taxpayer funded abortions. Sec. 102. Amendment to table of chapters. TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT Sec. 201. Clarifying application of prohibition to premium credits and cost-sharing reductions under ACA. Sec. 202. Revision of notice requirements regarding disclosure of extent of health plan coverage of abortion and abortion premium surcharges. TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS. Title 1, United States Code is amended by adding at the end the following new chapter: ``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS ``301. Prohibition on funding for abortions. ``302. Prohibition on funding for health benefits plans that cover abortion. ``303. Limitation on Federal facilities and employees. ``304. Construction relating to separate coverage. ``305. Construction relating to the use of non-Federal funds for health coverage. ``306. Non-preemption of other Federal laws. ``307. Construction relating to complications arising from abortion. ``308. Treatment of abortions related to rape, incest, or preserving the life of the mother. ``309. Application to District of Columbia. ``Sec. 301. Prohibition on funding for abortions ``No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for any abortion. ``Sec. 302. Prohibition on funding for health benefits plans that cover abortion ``None of the funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for health benefits coverage that includes coverage of abortion. ``Sec. 303. Limitation on Federal facilities and employees ``No health care service furnished-- ``(1) by or in a health care facility owned or operated by the Federal Government; or ``(2) by any physician or other individual employed by the Federal Government to provide health care services within the scope of the physician's or individual's employment, may include abortion. ``Sec. 304. Construction relating to separate coverage ``Nothing in this chapter shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using only funds not authorized or appropriated by Federal law and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``Sec. 305. Construction relating to the use of non-Federal funds for health coverage ``Nothing in this chapter shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering abortion coverage, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by Federal law are used and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``Sec. 306. Non-preemption of other Federal laws ``Nothing in this chapter shall repeal, amend, or have any effect on any other Federal law to the extent such law imposes any limitation on the use of funds for abortion or for health benefits coverage that includes coverage of abortion, beyond the limitations set forth in this chapter. ``Sec. 307. Construction relating to complications arising from abortion ``Nothing in this chapter shall be construed to apply to the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion. This rule of construction shall be applicable without regard to whether the abortion was performed in accord with Federal or State law, and without regard to whether funding for the abortion is permissible under section 308. ``Sec. 308. Treatment of abortions related to rape, incest, or preserving the life of the mother ``The limitations established in sections 301, 302, and 303 shall not apply to an abortion-- ``(1) if the pregnancy is the result of an act of rape or incest; or ``(2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``Sec. 309. Application to District of Columbia ``In this chapter: ``(1) Any reference to funds appropriated by Federal law shall be treated as including any amounts within the budget of the District of Columbia that have been approved by Act of Congress pursuant to section 446 of the District of Columbia Home Rule Act (or any applicable successor Federal law). ``(2) The term `Federal Government' includes the government of the District of Columbia.''. SEC. 102. AMENDMENT TO TABLE OF CHAPTERS. The table of chapters for title 1, United States Code, is amended by adding at the end the following new item: ``4. Prohibiting taxpayer funded abortions.................. 301''. TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT SEC. 201. CLARIFYING APPLICATION OF PROHIBITION TO PREMIUM CREDITS AND COST-SHARING REDUCTIONS UNDER ACA. (a) In General.-- (1) Disallowance of refundable credit and cost-sharing reductions for coverage under qualified health plan which provides coverage for abortion.-- (A) In general.--Subparagraph (A) of section 36B(c)(3) of the Internal Revenue Code of 1986 is amended by inserting before the period at the end the following: ``or any health plan that includes coverage for abortions (other than any abortion or treatment described in section 307 or 308 of title 1, United States Code)''. (B) Option to purchase or offer separate coverage or plan.--Paragraph (3) of section 36B(c) of such Code is amended by adding at the end the following new subparagraph: ``(C) Separate abortion coverage or plan allowed.-- ``(i) Option to purchase separate coverage or plan.--Nothing in subparagraph (A) shall be construed as prohibiting any individual from purchasing separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the premiums for such coverage or plan. ``(ii) Option to offer coverage or plan.-- Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as premiums for such separate coverage or plan are not paid for with any amount attributable to the credit allowed under this section (or the amount of any advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act).''. (2) Disallowance of small employer health insurance expense credit for plan which includes coverage for abortion.-- Subsection (h) of section 45R of the Internal Revenue Code of 1986 is amended-- (A) by striking ``Any term'' and inserting the following: ``(1) In general.--Any term''; and (B) by adding at the end the following new paragraph: ``(2) Exclusion of health plans including coverage for abortion.-- ``(A) In general.--The term `qualified health plan' does not include any health plan that includes coverage for abortions (other than any abortion or treatment described in section 307 or 308 of title 1, United States Code). ``(B) Separate abortion coverage or plan allowed.-- ``(i) Option to purchase separate coverage or plan.--Nothing in subparagraph (A) shall be construed as prohibiting any employer from purchasing for its employees separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the employer contributions for such coverage or plan. ``(ii) Option to offer coverage or plan.-- Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as such separate coverage or plan is not paid for with any employer contribution eligible for the credit allowed under this section.''. (3) Conforming aca amendments.--Section 1303(b) of Public Law 111-148 (42 U.S.C. 18023(b)) is amended-- (A) by striking paragraph (2); (B) by striking paragraph (3), as amended by section 202(a); and (C) by redesignating paragraph (4) as paragraph (2). (b) Application to Multi-State Plans.--Paragraph (6) of section 1334(a) of Public Law 111-148 (42 U.S.C. 18054(a)) is amended to read as follows: ``(6) Coverage consistent with federal abortion policy.--In entering into contracts under this subsection, the Director shall ensure that no multi-State qualified health plan offered in an Exchange provides health benefits coverage for which the expenditure of Federal funds is prohibited under chapter 4 of title 1, United States Code.''. (c) Effective Date.--The amendments made by subsection (a) shall apply to taxable years ending after December 31, 2014, but only with respect to plan years beginning after such date, and the amendment made by subsection (b) shall apply to plan years beginning after such date. SEC. 202. REVISION OF NOTICE REQUIREMENTS REGARDING DISCLOSURE OF EXTENT OF HEALTH PLAN COVERAGE OF ABORTION AND ABORTION PREMIUM SURCHARGES. (a) In General.--Paragraph (3) of section 1303(b) of Public Law 111-148 (42 U.S.C. 18023(b)) is amended to read as follows: ``(3) Rules relating to notice.-- ``(A) In general.--The extent of coverage (if any) of services described in paragraph (1)(B)(i) or (1)(B)(ii) by a qualified health plan shall be disclosed to enrollees at the time of enrollment in the plan and shall be prominently displayed in any marketing or advertising materials, comparison tools, or summary of benefits and coverage explanation made available with respect to such plan by the issuer of the plan, by an Exchange, or by the Secretary, including information made available through an Internet portal or Exchange under sections 1311(c)(5) and 1311(d)(4)(C). ``(B) Separate disclosure of abortion surcharges.-- In the case of a qualified health plan that includes the services described in paragraph (1)(B)(i) and where the premium for the plan is disclosed, including in any marketing or advertising materials or any other information referred to in subparagraph (A), the surcharge described in paragraph (2)(B)(i)(II) that is attributable to such services shall also be disclosed and identified separately.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to materials, tools, or other information made available more than 30 days after the date of the enactment of this Act.

No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2014 - Prohibits the expenditure of funds authorized or appropriated by federal law or funds in any trust fund to which funds are authorized or appropriated by federal law (federal funds) for any abortion. (Currently, federal funds cannot be used for abortion services, except in cases involving rape, incest, or life endangerment.) Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion (thus making permanent existing federal policies). Prohibits the inclusion of abortion in any health care service furnished by a federal or District of Columbia health care facility or by any physician or other individual employed by the federal government or the District. Excludes an abortion from such prohibitions if: (1) the pregnancy is the result of rape or incest; or (2) the woman suffers from a physical disorder, injury, or illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would place her in danger of death unless an abortion is performed, as certified by a physician. Applies such prohibitions to District of Columbia funds. Amends the Internal Revenue Code to exclude from the definition of "qualified health plan" after December 31, 2014, for purposes of the refundable tax credit for premium assistance for such plans, any plan that includes coverage for abortion. Excludes from the definition of "qualified health plan," for purposes of the tax credit for small employer health insurance expenses, any health plan that includes coverage for abortions. Exempts from the application of such tax provisions: (1) abortions for pregnancies resulting from rape or incest or in cases where a woman suffers from a physical disorder, injury, or illness that would, as certified by a physician, endanger her life if an abortion were not performed; and (2) the treatment of any infection, injury, disease, or disorder that was caused by or exacerbated by the performance of an abortion. Requires the Director of the Office of Personnel Management (OPM), when entering into contracts for health insurance, to ensure that no multi-state qualified health plan offered in a state health care exchange provides health benefits coverage for which the expenditure of federal funds is prohibited under this Act. Amends the Patient Protection and Affordable Care Act, with respect to notice provided to health plan enrollees, to require: disclosure at the time of enrollment of the extent of coverage of abortion services for which the expenditure of public funds is either prohibited or allowed; prominent display in marketing or advertising materials, comparison tools, or summary of benefits and coverage explanation made available by the issuer of the plan, by an exchange, or by the Secretary of Health and Human Services (HHS), including information made available through an Internet portal or an exchange; and separate disclosure and identification, in the case of a health plan that includes coverage of abortion services for which public funding is prohibited, and where the premium is disclosed, of the separate payment collected by the plan issuer equal to the actuarial value of such coverage.

No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2014

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Child Pornography Prevention Act of 2005''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Findings. Sec. 3. Strengthening section 2257 to ensure that children are not exploited in the production of pornography. Sec. 4. Prevention of distribution of child pornography used as evidence in prosecutions. Sec. 5. Authorizing civil and criminal asset forfeiture in child exploitation and obscenity cases. Sec. 6. Enhancing administrative subpoena power to cover obscenity. Sec. 7. Prohibiting the production of obscenity as well as transportation, distribution, and sale. SEC. 2. FINDINGS. Congress makes the following findings: (1) The effect of the intrastate production, transportation, distribution, receipt, advertising, and possession of child pornography on interstate market in child pornography. (A) The illegal production, transportation, distribution, receipt, advertising and possession of child pornography, as defined in section 2256(8) of title 18, United States Code, as well as the transfer of custody of children for the production of child pornography, is harmful to the physiological, emotional, and mental health of the children depicted in child pornography and has a substantial and detrimental effect on society as a whole. (B) A substantial interstate market in child pornography exists, including not only a multimillion dollar industry, but also a nationwide network of individuals openly advertising their desire to exploit children and to traffic in child pornography. Many of these individuals distribute child pornography with the expectation of receiving other child pornography in return. (C) The interstate market in child pornography is carried on to a substantial extent through the mails and other instrumentalities of interstate and foreign commerce, such as the Internet. The advent of the Internet has greatly increased the ease of transporting, distributing, receiving, and advertising child pornography in interstate commerce. The advent of digital cameras and digital video cameras, as well as videotape cameras, has greatly increased the ease of producing child pornography. The advent of inexpensive computer equipment with the capacity to store large numbers of digital images of child pornography has greatly increased the ease of possessing child pornography. Taken together, these technological advances have had the unfortunate result of greatly increasing the interstate market in child pornography. (D) Intrastate incidents of production, transportation, distribution, receipt, advertising, and possession of child pornography, as well as the transfer of custody of children for the production of child pornography, have a substantial and direct effect upon interstate commerce because: (i) Some persons engaged in the production, transportation, distribution, receipt, advertising, and possession of child pornography conduct such activities entirely within the boundaries of one State. These persons are unlikely to be content with the amount of child pornography they produce, transport, distribute, receive, advertise, or possess. These persons are therefore likely to enter the interstate market in child pornography in search of additional child pornography, thereby stimulating demand in the interstate market in child pornography. (ii) When the persons described in subparagraph (D)(i) enter the interstate market in search of additional child pornography, they are likely to distribute the child pornography they already produce, transport, distribute, receive, advertise, or possess to persons who will distribute additional child pornography to them, thereby stimulating supply in the interstate market in child pornography. (iii) Much of the child pornography that supplies the interstate market in child pornography is produced entirely within the boundaries of one State, is not traceable, and enters the interstate market surreptitiously. This child pornography supports demand in the interstate market in child pornography and is essential to its existence. (E) Prohibiting the intrastate production, transportation, distribution, receipt, advertising, and possession of child pornography, as well as the intrastate transfer of custody of children for the production of child pornography, will cause some persons engaged in such intrastate activities to cease all such activities, thereby reducing both supply and demand in the interstate market for child pornography. (F) Federal control of the intrastate incidents of the production, transportation, distribution, receipt, advertising, and possession of child pornography, as well as the intrastate transfer of children for the production of child pornography, is essential to the effective control of the interstate market in child pornography. (2) The importance of protecting children from repeat exploitation in child pornography: (A) The vast majority of child pornography prosecutions today involve images contained on computer hard drives, computer disks, and related media. (B) Child pornography is not entitled to protection under the First Amendment and thus may be prohibited. (C) The Government has a compelling State interest in protecting children from those who sexually exploit them, and this interest extends to stamping out the vice of child pornography at all levels in the distribution chain. (D) Every instance of viewing images of child pornography represents a renewed violation of the privacy of the victims and a repetition of their abuse. (E) Child pornography constitutes prima facie contraband, and as such should not be distributed to, or copied by, child pornography defendants or their attorneys. (F) It is imperative to prohibit the reproduction of child pornography in criminal cases so as to avoid repeated violation and abuse of victims, so long as the Government makes reasonable accommodations for the inspection, viewing, and examination of such material for the purposes of mounting a criminal defense. SEC. 3. STRENGTHENING SECTION 2257 TO ENSURE THAT CHILDREN ARE NOT EXPLOITED IN THE PRODUCTION OF PORNOGRAPHY. Section 2257 of title 18 of the United States Code is amended-- (1) in subsection (a)(l), by striking ``actual''; (2) in subsection (b), by striking ``actual''; (3) in subsection (f)(4)(A), by striking ``actual''; (4) by amending paragraph (1) of subsection (h) to read as follows: ``(1) the term `sexually explicit conduct' has the meaning set forth in subparagraphs (A)(i) through (v) of paragraph (2) of section 2256 of this title;''; (5) in subsection (h)(4), by striking ``actual.''; (6) in subsection (f)-- (A) at the end of paragraph (3), by striking ``and''; (B) at the end of paragraph (4)(B), by striking the period and inserting ``; and''; and (C) by inserting after paragraph (4)(B) the following new paragraph: ``(5) for any person to whom subsection (a) applies to refuse to permit the Attorney General or his or her delegee to conduct an inspection under subsection (c).''. (7) in subsection (h)(3), by striking ``to produce, manufacture, or publish any book, magazine, periodical, film, video tape, computer generated image, digital image, or picture, or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity which does not involve hiring, contracting for managing or otherwise arranging for the participation of the performers depicted'' and inserting ``actually filming, videotaping, photographing; creating a picture, digital image, or digitally- or computer- manipulated image of an actual human being; or digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a book, magazine, periodical, film, videotape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct; or, inserting on a computer site or service a digital image of, or otherwise managing the sexually explicit content, of a computer site or service that contains a visual depiction of, sexually explicit conduct''; (8) in subsection (a), by inserting after ``videotape,'' the following: ``digital image, digitally- or computer- manipulated image of an actual human being, or picture,''; and (9) in subsection (f)(4), by inserting after ``video'' the following: ``digital image, digitally- or computer-manipulated image of an actual human being, or picture,''. SEC. 4. PREVENTION OF DISTRIBUTION OF CHILD PORNOGRAPHY USED AS EVIDENCE IN PROSECUTIONS. Section 3509 of title 18, United States Code, is amended by adding at the end the following: ``(m) Prohibition on Reproduction of Child Pornography.-- ``(1) In any criminal proceeding, any property or material that constitutes child pornography (as defined by section 2256 of this title) must remain in the care, custody, and control of either the Government or the court. ``(2)(A) Notwithstanding rule 16 of the Federal Rules of Criminal Procedure, a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography (as defined by section 2256 of this title), so long as the Government makes the property or material reasonably available to the defendant. ``(B) For the purposes of subparagraph (A), property or material shall be deemed to be reasonably available to the defendant if the Government provides ample opportunity for inspection, viewing, and examination at a Government facility of the property or material by the defendant, his or her attorney, aid any individual the defendant may seek to qualify to furnish expert testimony at trial.''. SEC. 5. AUTHORIZING CIVIL AND CRIMINAL ASSET FORFEITURE IN CHILD EXPLOITATION AND OBSCENITY CASES. (a) Conforming Forfeiture Procedures for Obscenity Offenses.-- Section 1467 of title 18, United States Code, is amended-- (1) in subsection (a)(3), by inserting a period after ``of such offense'' and striking all that follows; and (2) by striking subsections (b) through (n) and inserting the following: ``(b) The provisions of section 413 of the Controlled Substance Act (21 U.S.C. 853) with the exception of subsection (d), shall apply to the criminal forfeiture of property pursuant to subsection (a). ``(c) Any property subject to forfeiture pursuant to subjection (a) may be forfeited to the United States in a civil case in accordance with the procedures set forth in chapter 46 of this title.''. (b) Amendments to Child Exploitation Forfeiture Provisions.-- (1) Criminal forfeiture.--Section 2253(a) of title 18, United States Code, is amended-- (A) in the matter preceding paragraph (1) by-- (i) inserting ``or who is convicted of an offense under sections 2252B or 2257 of this chapter,'' after ``2260 of this chapter''; (ii) inserting ``, or 2425'' after ``2423'' and striking ``or'' before ``2423''; and (iii) inserting ``or an offense under chapter 109A'' after ``of chapter 117''; and (B) in paragraph (I), by inserting ``, 2252A, 2252B or 2257'' after ``2252''. (2) Civil forfeiture.--Section 2254(a) of title 18, United States Code, is amended-- (A) in paragraph (1), by inserting ``, 2252A, 2252B, or 2257'' after ``2252''; (B) in paragraph (2)-- (i) by striking ``or'' and inserting ``of'' before ``chapter 117''; (ii) by inserting ``, or an offense under section 2252B or 2257 of this chapter,'' after ``Chapter 117,'' and (iii) by inserting ``, or an offense under chapter 109A'' before the period; and (C) in paragraph (3) by-- (i) inserting ``, or 2425'' after ``2423'' and striking ``or'' before ``2423''; and (ii) inserting ``, a violation of section 2252B or 2257 of this chapter, or a violation of chapter 109A'' before the period. (c) Amendments to RICO.--Section 1961(1)(B) of title 18, United States Code, is amended by inserting ``2252A, 2252B,'' after ``2252''. SEC. 6. ENHANCING ADMINISTRATIVE SUBPOENA POWER TO COVER OBSCENITY. Section 3486(a)(l) of title 18, United States Code, is amended-- (1) in subparagraph (A)(i), by striking ``children,'' and inserting ``children; or (III) a Federal offense involving the distribution of obscenity,''; and (2) by inserting after subparagraph (D) the following: ``(E) As used in this paragraph, the term `Federal offense involving the distribution of obscenity' means an offense under section 1460, 1461, 1462, 1465, 1466, 1468, or 1470.''. SEC. 7. PROHIBITING THE PRODUCTION OF OBSCENITY AS WELL AS TRANSPORTATION, DISTRIBUTION, AND SALE. (a) Section 1465.--Section 1465 of title 18 of the United States Code is amended-- (1) by inserting ``Production and'' before ``Transportation'' in the heading of the section; (2) by inserting ``produces with the intent to transport, distribute, or transmit in interstate or foreign commerce, or whoever knowingly'' after ``whoever knowingly'' and before ``transports or travels in''; and (3) by inserting a comma after ``in or affecting such commerce''. (b) Section 1466.--Section 1466 of title 18 of the United States Code is amended-- (1) in subsection (a), by inserting ``producing with intent to distribute or sell, or'' before ``selling or transferring obscene matter,''; (2) in subsection (b), by inserting, ``produces'' before ``sells or transfers or offers to sell or transfer obscene matter''; and (3) in subsection (b) by inserting ``production,'' before ``selling or transferring or offering to sell or transfer such material.''.

Child Pornography Prevention Act of 2005 - Amends federal criminal code provisions regarding the sexual exploitation of children to: (1) prohibit producers of visual depictions of sexually explicit conduct from refusing to permit the Attorney General to inspect records at business premises; and (2) modify the definition of "produces" to include actually filming, videotaping, photographing, or digitally manipulating an image of an actual human being that contains a visual depiction of sexually explicit conduct. Requires, in any criminal proceeding: (1) any material that constitutes child pornography to remain in the care, custody, and control of either the government or the court; and (2) a court to deny any request by the defendant to reproduce material that constitutes child pornography, provided the government makes the material reasonably available to the defendant. Makes specified provisions of the Controlled Substances Act applicable to the criminal forfeiture of obscene property. Authorizes criminal and civil asset forfeiture in specified child exploitation and obscenity cases, such as cases involving: (1) the use of interstate facilities to transmit information about a minor with intent to solicit sexual activity; and (2) the use of misleading domain names on the Internet with intent to deceive a person into viewing obscene material. Makes the Racketeer Influenced and Corrupt Organizations (RICO) Act applicable to activities relating to material involving the sexual exploitation of minors. Authorizes administrative subpoenas for investigations of federal offenses involving the distribution of obscenity. Prohibits the production of obscene matter.

To enhance prosecution of child pornography and obscenity by strengthening section 2257 of title 18, United States Code, to ensure that children are not exploited in the production of pornography, prohibiting distribution of child pornography used as evidence in prosecutions, authorizing assets forfeiture in child pornography and obscenity cases, expanding administrative subpoena power to cover obscenity cases, and prohibiting the production of obscenity, as well as its transportation, distribution, and sale, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Integrity and Pension Forfeiture Act of 2011''. SEC. 2. FINDINGS. The Congress finds that-- (1) Members of Congress pledge to uphold the Constitution and the laws of the United States; (2) Members of Congress and other elected government officials are elected to serve in, and pledge to uphold, the public trust; (3) a breach of the public trust by a Member of Congress or other elected government official is a serious offense that should have serious consequences; and (4) taxpayers should not pay for the congressional retirement benefits of present or former Members of Congress who have been convicted of a felony committed while serving as an elected government official. SEC. 3. APPLICATION TO OTHER ELECTED OFFICIALS AND CRIMINAL OFFENSES. (a) Application to Other Elected Officials.-- (1) Civil service retirement system.--Section 8332(o)(2)(A) of title 5, United States Code, is amended-- (A) in clause (i), by inserting ``, the President, the Vice President, or an elected official of a State or local government'' after ``Member''; and (B) in clause (ii), by inserting ``, the President, the Vice President, or an elected official of a State or local government'' after ``Member''. (2) Federal employees retirement system.--Section 8411(l)(2) of title 5, United States Code, is amended-- (A) in subparagraph (A), by inserting ``, the President, the Vice President, or an elected official of a State or local government'' after ``Member''; and (B) in subparagraph (B), by inserting ``, the President, the Vice President, or an elected official of a State or local government'' after ``Member''. (b) Criminal Offenses.--Section 8332(o)(2) of title 5, United States Code, is amended-- (1) in subparagraph (A), by striking clause (iii) and inserting the following: ``(iii) The offense-- ``(I) is committed after the date of enactment of this subsection and-- ``(aa) is described under subparagraph (B)(i), (iv), (xvi), (xix), (xxiii), (xxiv), or (xxvi); or ``(bb) is described under subparagraph (B)(xxvii) or (xxviii), but only with respect to an offense described under subparagraph (B)(i), (iv), (xvi), (xix), (xxiii), (xxiv), or (xxvi); or ``(II) is committed after the date of enactment of the Congressional Integrity and Pension Forfeiture Act of 2011 and-- ``(aa) is described under subparagraph (B)(ii), (iii), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv), (xv), (xvii), (xviii), (xx), (xxi), (xxii), or (xxv); or ``(bb) is described under subparagraph (B)(xxvii) or (xxviii), but only with respect to an offense described under subparagraph (B)(ii), (iii), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv), (xv), (xvii), (xviii), (xx), (xxi), (xxii), or (xxv).''; and (2) by striking subparagraph (B) and inserting the following: ``(B) An offense described in this subparagraph is only the following, and only to the extent that the offense is a felony: ``(i) An offense under section 201 of title 18 (relating to bribery of public officials and witnesses). ``(ii) An offense under section 203 of title 18 (relating to compensation to Member of Congress, officers, and others in matters affecting the Government). ``(iii) An offense under section 204 of title 18 (relating to practice in the United States Court of Federal Claims or the Unites States Court of Appeals for the Federal Circuit by Member of Congress). ``(iv) An offense under section 219 of title 18 (relating to officers and employees acting as agents of foreign principals). ``(v) An offense under section 286 of title 18 (relating to conspiracy to defraud the Government with respect to claims). ``(vi) An offense under section 287 of title 18 (relating to false, fictitious or fraudulent claims). ``(vii) An offense under section 597 of title 18 (relating to expenditures to influence voting). ``(viii) An offense under section 599 of title 18 (relating to promise of appointment by candidate). ``(ix) An offense under section 602 of title 18 (relating to solicitation of political contributions). ``(x) An offense under section 606 of title 18 (relating to intimidation to secure political contributions). ``(xi) An offense under section 607 of title 18 (relating to place of solicitation). ``(xii) An offense under section 641 of title 18 (relating to public money, property or records). ``(xiii) An offense under section 666 of title 18 (relating to theft or bribery concerning programs receiving Federal funds). ``(xiv) An offense under section 1001 of title 18 (relating to statements or entries generally). ``(xv) An offense under section 1341 of title 18 (relating to frauds and swindles, including as part of a scheme to deprive citizens of honest services thereby). ``(xvi) An offense under section 1343 of title 18 (relating to fraud by wire, radio, or television, including as part of a scheme to deprive citizens of honest services thereby). ``(xvii) An offense under section 1503 of title 18 (relating to influencing or injuring officer or juror). ``(xviii) An offense under section 1505 of title 18 (relating to obstruction of proceedings before departments, agencies, and committees). ``(xix) An offense under section 1512 of title 18 (relating to tampering with a witness, victim, or an informant). ``(xx) An offense under section 1951 of title 18 (relating to interference with commerce by threats of violence). ``(xxi) An offense under section 1952 of title 18 (relating to interstate and foreign travel or transportation in aid of racketeering enterprises). ``(xxii) An offense under section 1956 of title 18 (relating to laundering of monetary instruments). ``(xxiii) An offense under section 1957 of title 18 (relating to engaging in monetary transactions in property derived from specified unlawful activity). ``(xxiv) An offense under chapter 96 of title 18 (relating to racketeer influenced and corrupt organizations). ``(xxv) An offense under section 7201 of the Internal Revenue Code of 1986 (relating to attempt to evade or defeat tax). ``(xxvi) An offense under section 104(a) of the Foreign Corrupt Practices Act of 1977 (relating to prohibited foreign trade practices by domestic concerns). ``(xxvii) An offense under section 371 of title 18 (relating to conspiracy to commit offense or to defraud United States), to the extent of any conspiracy to commit an act which constitutes-- ``(I) an offense under clause (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv), (xv), (xvi), (xvii), (xviii), (xix), (xx), (xxi), (xxii), (xxiii), (xxiv), (xxv), or (xxvi); or ``(II) an offense under section 207 of title 18 (relating to restrictions on former officers, employees, and elected officials of the executive and legislative branches). ``(xxviii) Perjury committed under section 1621 of title 18 in falsely denying the commission of an act which constitutes-- ``(I) an offense under clause (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv), (xv), (xvi), (xvii), (xviii), (xix), (xx), (xxi), (xxii), (xxiii), (xxiv), (xxv), or (xxvi); or ``(II) an offense under clause (xxvii), to the extent provided in such clause. ``(xxix) Subornation of perjury committed under section 1622 of title 18 in connection with the false denial or false testimony of another individual as specified in clause (xxviii).''.

Congressional Integrity and Pension Forfeiture Act of 2011 - Extends provisions requiring forfeiture of pension benefits under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to the President, Vice President, or an elected state or local government official, in addition to Members of Congress, upon conviction of a serious public corruption crime. Expands the list of such crimes that would require a pension forfeiture.

A bill to amend title 5, United States Code, to deny retirement benefits accrued by an individual as a Member of Congress if such individual is convicted of certain offenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Recycling Incentives Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The generation of solid and hazardous waste has grown to alarming proportions in the United States. Each person in the United States throws away 3.6 pounds of garbage every day-- enough annually to fill a convoy of 10-ton garbage trucks 145,000 miles long, which is the equivalent of half-way to the moon or roughly 7 times around the equator. (2) Frequently economic incentives are not sufficient to encourage waste minimization and responsible environmental behavior, and such incentives actually may favor increased waste generation and improper behavior. (3) A system of economic incentives targeted at waste reduction and recycling together with responsible regulation of recycling activity can reduce both the amount and toxicity of materials entering the environment. (4) In particular, there is a need to encourage greater recycling of used oils. Americans are improperly pouring on the ground or into sewers, placing in landfills, or improperly burning over 400 million gallons of such oil per year. This is equivalent to more than 35 Exxon Valdez spills. In addition to fouling the environment, this depletes oil resources and increases the Nation's reliance on foreign oil. (5) The Administrator of the Environmental Protection Agency requires additional statutory authority to address situations in which economic incentives to encourage waste reduction and responsible environmental behavior are not adequate. SEC. 3. USED OIL RECYCLING REQUIREMENTS. (a) In General.--Subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is amended by redesignating sections 3015 through 3023 as sections 3016 through 3024, respectively, and by inserting after section 3014 the following new section: ``SEC. 3015. RECYCLING REQUIREMENTS FOR USED OIL. ``(a) General Requirement.--(1) During the period beginning not later than 24 months after the date of the enactment of the Oil Recycling Incentives Act and ending 10 years after such date, a producer or importer of lubricating oil each year shall recycle, using a method described in paragraph (2), an amount of used oil equal to at least that amount of oil determined by-- ``(A) multiplying the lubricating oil produced for domestic use or consumption or imported that year by such person, by ``(B) the recycling percentage established by the Administrator under subsection (b). ``(2) A producer or importer of lubricating oil may comply with this subsection-- ``(A) by recycling used oil (in compliance with the requirements of section 3014 and regulations promulgated pursuant to such section) through reintroducing the used oil into refinery production for purposes of producing petroleum products; ``(B) by purchasing re-refined oil or re-refined lubricant base stock from a facility having a permit under section 3005 for purposes of producing lubricating oil; or ``(C) by purchasing recycling credits under the recycling credit system established pursuant to subsection (c). ``(3) A producer or importer of lubricating oil shall submit to the Administrator, under regulations promulgated by the Administrator, a report on the amount of lubricating oil produced or imported in each calendar year by such person. The report shall be submitted at least once a year, but the Administrator also may require such interim reports under this paragraph as the Administrator considers necessary. ``(4) For purposes of paragraph (1), a producer or importer shall be treated as recycling 2 units of used oil for each unit of re-refined oil or re-refined lubricant base stock purchased as provided in paragraph (2)(B). ``(5) Nothing in this section shall prohibit a producer or importer from entering into an agreement with a subsidiary or division of such producer or importer-- ``(A) for purposes of treating oil recycled by such subsidiary or division as being recycled by the producer or importer for purposes of meeting the recycling requirement of this section; or ``(B) for purposes of obtaining recycling credits created by such subsidiary or division. ``(6) For purposes of paragraph (2)(A), the amount of used oil that is recycled as provided in that paragraph shall be determined on the basis of the records of the amount of used oil received by the producer or importer. ``(b) Recycling Percentage.--The Administrator each year shall establish a recycling percentage for use under subsection (a). The percentage applicable during the first year that the requirement established by subsection (a) is in effect shall be a percentage that is 2 percentage points higher than the recycling rate for lubricating oil that exists on the date of the enactment of this section. Such recycling rate shall be determined by using data for 1990 or the most recent year for which data are available. For each of the 10 years thereafter, the recycling percentage shall be an additional 2 percentage points higher than the recycling percentage of the previous year. Such recycling percentage shall go into effect automatically and shall be published in the Federal Register. ``(c) Credit System for Recycling Used Oil.--(1) Not later than 18 months after the date of the enactment of the Oil Recycling Incentives Act, the Administrator shall promulgate regulations to establish a system under which (A) recyclers may create credits for used oil recycling, and (B) producers or importers of lubricating oil may purchase such recycling credits from such recyclers, for purposes of complying with subsection (a). No person may create such credits, and no producer or importer of lubricating oil may purchase such credits, except in accordance with this subsection and the regulations promulgated under this subsection. In developing the regulations, the Administrator shall, to the maximum extent feasible, allow for the use of records kept in the ordinary course of business or other approaches that facilitate the simple, rapid generation and exchange of credits without a case-by-case approval. ``(2) At a minimum, the regulations under paragraph (1) shall include the following requirements: ``(A) The following records shall be kept by a recycler for at least 3 years: ``(i) A record of the quantities of used oil received for recycling, together with the prices paid to transporters or owners or operators of collection centers. ``(ii) A record of the quantities of recycled oil sold or otherwise distributed in commerce, and the destinations of such recycled oil. Part of such record shall be a record of the quantities and price of re- refined oil sold to producers or importers of lubricating oil for the purpose of complying with subsection (a). ``(iii) A record of the sale or other disposition of recycling credits, including the name and address of the producers and importers the credits were sold to, the price charged, and the amount of credits sold. ``(B) The recycler shall sell or otherwise distribute in commerce the recycled oil as specification used oil, off- specification or industrial specification used oil, or re- refined oil (as defined by the Administrator). The recycler shall maintain records of the tests certifying that the oil meets the standards for one of those categories of oil or fuel, along with records of the destination of the oil or fuel by category. ``(C) Each year a producer or importer of lubricating oil shall keep records of the quantity of lubricating oil produced or imported, the recycling of used oil carried out to comply with subsection (a), the amount of re-refined oil or lubricant base stock purchased to comply with subsection (a), the amount of recycling credits purchased (including the names of recyclers from whom the credits were purchased and the dates of the purchases), the price paid for the credits, and the amount (if any) of recycling credits sold or carried over from previous years. The regulations shall allow for a 2-year carryover of credits. ``(3) The Administrator may include such other requirements in the regulations under paragraph (1) with respect to qualifications for recyclers, importers, and producers; methods for auditing compliance with the system; and enforcement of the system; as the Administrator considers necessary or appropriate for administering the recycling credit system established under this subsection. ``(4) The Administrator shall include in the regulations under paragraph (1) a procedure by which an interested party may petition the Administrator for credits to be created under the credit system for recycling of used oil using new technology. The Administrator shall determine, after public notice and opportunity for comment, the amount of credit that may be created by new technologies for which petitions are granted under this paragraph. ``(d) Reports.--(1) Not later than 6 years after the date of the enactment of the Oil Recycling Incentives Act, the Administrator shall submit to Congress an interim report on the implementation of this section. The report shall include, at a minimum-- ``(A) a discussion of the effects of the requirements of this section on the lubricating oil industry, the used oil recycling industry, and on the environment; and ``(B) an evaluation of the level of the recycling percentage under subsection (b) and recommendations on whether, and at what rate, the percentage should be increased in future years above the percentage applicable under subsection (b). ``(2) Not later than 10 years after such date, the Administrator shall submit to Congress a final report on the implementation of this section. The report shall include an updated version of the discussion and evaluation required in the interim report, as well as such other findings and recommendations with respect to the implementation of this section as the Administrator considers appropriate. ``(e) Definitions.--For purposes of this section: ``(1) The term `producer' with respect to lubricating oil means any person who produces a lubricant base stock from crude oil. Such production does not include the re-refining of used oil. ``(2) The term `importer' with respect to lubricating oil means any person who imports a lubricant base stock. ``(3) The term `lubricant base stock' means oil from which lubricating oil is made after introduction of additives. ``(4) The terms `used oil collection center', `collection center', and `generator' mean any facility or entity that collects, stores, accumulates, or otherwise generates used oil, including a service station dealer (as defined in section 101(37) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(37)), an auto parts retailer, or municipality. Such term does not include an individual who generates used oil by removing such oil from the engine of a light duty motor vehicle or household appliance owned or operated by such individual and used only for personal purposes. ``(5) The term `recycler' means an owner or operator of a used oil recycling facility. ``(6) The term `recycling credit' means a legal record of a recycling activity undertaken in accordance with subsection (c) that represents an amount of used oil recycled for purposes of complying with subsection (a). ``(7) The terms `used oil recycling facility' and `recycling facility' mean a facility with a permit under section 3005 that re-refines or reprocesses used oil. ``(f) Applicability.--This section applies to any person who produces or imports more than 100,000 gallons of lubricating oil a year. ``(g) Regulations.--The Administrator shall promulgate regulations to implement this section not later than 18 months after the date of the enactment of the Oil Recycling Incentives Act. If the Administrator fails to promulgate such regulations by that date, the recycling percentage under subsection (b) shall be 40 percent until such time as the regulations are promulgated.''. (b) Table of Contents Amendment.--The table of contents for subtitle C of the Solid Waste Disposal Act (contained in section 1001) is amended-- (1) by redesignating the items relating to sections 3015 through 3023 as sections 3016 through 3024, respectively; and (2) by inserting after the item relating to section 3014 the following new item: ``Sec. 3015. Recycling requirements for used oil.''.

Oil Recycling Incentives Act - Requires producers or importers of lubricating oil to recycle for a period of ten years an amount of used oil equal to at least the amount determined by multiplying the amount of lubricating oil produced or imported that year by such persons by the recycling percentage established by the Administrator of the Environmental Protection Agency. Authorizes such individuals to comply with this Act by: (1) recycling (through re-refining) used oil or purchasing re-refined oil for purposes of producing lubricating oil; or (2) purchasing recycling credits under this Act. Requires producers and importers to report annually to the Administrator on the amount of oil produced or imported by such persons. Requires a producer or importer to be treated as having recycled two units of used oil for each unit of re-refined oil or lubricant base stock purchased. Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for lubricating oil. Provides for increases in such percentage of two points annually for ten years. Requires the Administrator to promulgate regulations allowing recyclers to create credits for used oil recycling and producers or importers of lubricating oil to purchase such credits. Provides that such regulations shall require: (1) specified records to be kept by recyclers and by importers or producers; and (2) recyclers to sell or distribute in commerce such oil as specification used oil, off-specification used oil, industrial specification used oil, or re-refined oil. Applies recycling requirements to persons who import or produce more than 100,000 gallons of lubricating oil annually. Sets the recycling percentage at 40 percent if the Administrator fails to promulgate such regulations.

Oil Recycling Incentives Act

SECTION 1. FINDINGS AND PURPOSES. (a) Initial Findings.--The Congress finds the following: (1) Over the last 5 decades, billions of dollars in social security taxes have been paid by American workers but have not been credited to their social security earnings records. When the Social Security Administration is not able to match information on annual earnings reports to existing workers' earnings records, the amount of such earnings reported are credited by the Administration in a ``suspense file'' of uncredited earnings. (2) Largely due to the inflexible matching policy of the Social Security Administration and an unacceptable number of errors made by employers on annual earnings reports submitted to the Administration, the suspense file has accumulated approximately 200,000,000 individual earnings reports totaling approximately $200,000,000,000 in earnings. These numbers continue to grow. (3) Because earnings are used to determine an individual's eligibility and benefit amount, uncredited earnings can affect social security benefit payments. Current beneficiaries have lost, and continue to lose, benefits because of the failure of the Social Security Administration to correctly credit their earnings. This has the practical effect of denying millions of hard-working Americans up to hundreds of dollars on their monthly retirement or disability benefits. (b) Further Findings.--The Congress further finds the following: (1) Current and future retirees should receive the full social security benefits to which they are entitled. (2) The impact of uncredited earnings on social security beneficiaries has not been adequately determined. An examination of the practical effects of uncredited earnings on individuals' benefits should be conducted, in order that beneficiaries who are due higher benefits or retroactive payments can be compensated accordingly. (c) Purpose.--It is the purpose of this Act to ensure that the Social Security Administration, together with the Secretary of the Treasury, will take prompt action to-- (1) determine and implement an effective procedure to reconcile the wage reports currently in the suspense file to the rightful beneficiaries, and (2) put in place a system that will prevent further mismatches. SEC. 2. STUDY. (a) In General.--The Commissioner of Social Security and the Secretary of the Treasury shall jointly undertake, as soon as practicable after the date of the enactment of this Act, a thorough study with respect to the inability of the Social Security Administration to provide for American workers their full social security benefits by reason of insufficiency of information held by the Administration necessary for correctly identifying accounts for the earnings of such workers. (b) Matters To Be Studied.--The Commissioner and the Secretary, in their study under this section, shall address, analyze, and report specifically on the following matters: (1) the extent of, and the reasons for, the inability of the Social Security Administration to maintain accurate and current records of every worker's annual earnings sufficient for determining eligibility for, and the correct amount of, monthly insurance benefits under title II of the Social Security Act, (2) proposals for an effective procedure for eliminating the current backlog of uncredited earnings in the suspense file maintained by the Social Security Administration, (3) proposals for an effective procedure for resolving new discrepancies which would result in new uncredited earnings, and (4) any additional resources which the Social Security Administration would require to carry out effective procedures described in paragraphs (2) and (3). SEC. 3. REMEDIAL MEASURES. Pursuant to the study carried out under section 2, the Commissioner of Social Security and the Secretary of the Treasury shall promptly-- (1) devise and implement a procedure for eliminating, in accordance with an established time-phased schedule, the backlog of uncredited earnings currently contained in the suspense file maintained by the Administration, and (2) devise and implement a procedure for resolving new discrepancies which would prevent the addition of future uncredited earnings in the suspense file. SEC. 4. REPORT. The Commissioner of Social Security and the Secretary of the Treasury shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, not later than 180 days after the date of the enactment of this Act, a report of the findings of the study conducted under section 2 and the progress made in meeting the requirements of section 3. Such report shall include any recommendations for further legislative action the Commissioner and the Secretary consider appropriate.

Directs the Commissioner of Social Security and the Secretary of the Treasury jointly to: (1) study and report to specified congressional committees on the inability of the Social Security Administration to provide for American workers their full social security benefits by reason of insufficiency of information held by the Administration necessary for correctly identifying accounts for the earnings of such workers; and (2) take appropriate remedial measures, including devising and implementing a procedure for resolving new discrepancies involving uncredited earnings in the suspense file.

To require the Commissioner of Social Security and the Secretary of the Treasury to develop and implement measures to eliminate and prevent mismatching of earnings information maintained by the Social Security Administration and the Internal Revenue Service resulting in underpayment of social security benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Evidence-Based Home Visitation Act of 2009''. SEC. 2. GRANTS FOR QUALITY HOME VISITATION PROGRAMS FOR LOW-INCOME PREGNANT WOMEN AND LOW-INCOME FAMILIES WITH YOUNG CHILDREN. Title V of the Social Security Act (42 U.S.C. 701 et seq.) is amended by adding at the end the following: ``SEC. 511. SEPARATE PROGRAM OF HOME VISITATION FOR LOW-INCOME PREGNANT WOMEN AND LOW-INCOME FAMILIES WITH YOUNG CHILDREN. ``(a) Purpose.--The purpose of this section is to improve the well- being and development of children by enabling the establishment and expansion of quality programs providing voluntary home visitation services to low-income pregnant women and low-income families with young children. ``(b) Activities.--The Secretary shall take all necessary steps to accomplish the purposes of this section, including the following: ``(1) Competitive planning grants.--The Secretary shall award planning and start-up grants to local agencies to help them qualify for operating grants described in paragraph (2). ``(2) Competitive operating grants.--The Secretary shall award operating grants to local agencies to provide home visitation services to low-income pregnant women or low-income families with young children, consistent with the following: ``(A) Eligibility.--To receive an operating grant, a local agency must meet all requirements established by the Secretary, including the following: ``(i) Implementation of an approved model.--The local agency shall provide services consistent with a model of home visitation that the Secretary has approved as having demonstrated significant positive effects on important program-determined child and parent outcomes, such as reducing abuse and neglect, improving prenatal health, improving child health and development, improving school readiness, reducing juvenile delinquency, and improving family economic self-sufficiency. ``(ii) Accreditation.--If the local agency proposes to implement an approved model of home visitation, the local agency must abide by the requirements, if any, of the national or regional home visitation program model identified by the Secretary, to ensure the agency is capable of providing services consistent with the model. ``(iii) State or local match.--The Secretary shall have the authority to establish State or local matching requirements as a condition for receiving a grant under this section, which may include in-kind contributions and payments made to the State under section 1903(a) for providing home visitation services (as defined in section 1943(b)(2)) under the State plan under title XIX, and may include a waiver based on economic hardship. ``(B) Allocation.-- ``(i) Priority funding for programs with strongest evidence.--In awarding operating grants during a fiscal year, the Secretary shall allot the largest feasible percentage of grant funding to local agencies that implement home visitation models that are supported by the strongest evidence of effectiveness. ``(ii) Distribution.--In awarding operating grants, the Secretary shall take into account the distribution of low-income families with young children by geography. ``(3) Model approach.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall determine whether to approve a model of home visitation services as qualifying in either or both of the following categories: ``(A) Meeting the requirements for Secretarial approval described in paragraph (2)(A)(i). ``(B) Being supported by the strongest evidence of effectiveness. ``(4) Research.-- ``(A) In general.--The Secretary shall fund an ongoing program of research to accomplish the following goals: ``(i) Establishing the strongest evidence of effectiveness for a home visitation model that has not yet been found to have such evidence. ``(ii) In the case of an approved home visitation model, furthering improvements of such model, facilitating effective and efficient replication of the model, and facilitating adaptations of the model. ``(B) Requirement.--Evaluations funded under clauses (i) and (ii) of subparagraph (A) shall be specific to each approved model of home visitation and shall include evaluations of program outcomes for each home visitation program model separately. ``(5) Administration.--The Secretary shall perform, either directly or through a private contractor, the following administrative functions described in subparagraph (A): ``(A) Administrative functions.--The administrative functions described in this subparagraph shall include-- ``(i) helping a local agency that receives a planning grant qualify for an operating grant; ``(ii) providing training and technical assistance to local agencies that receive planning or operating grants; and ``(iii) conducting quality assurance and quality improvement activities with respect to local agencies that receive planning or operating grants. ``(B) Contracting requirements.--In electing whether to employ a contractor and in selecting a contractor-- ``(i) the Secretary shall make such election and selection separately with respect to each approved model of home visitation; and ``(ii) the Secretary shall contract with a private organization to perform the function if, for a fixed amount of administrative dollars, greater fidelity to the approved model of home visitation is likely to result than if the responsibilities are carried out by the Secretary directly. ``(c) Other Provisions.-- ``(1) Regulations.--The Secretary shall promulgate such regulations or guidance as the Secretary determines necessary for the effective implementation of this section not later than 1 year following the date of enactment of this Act. ``(2) National advisory board.--The Secretary shall establish and meet periodically with a national advisory board to seek advice about major policy issues involved in implementing this section. ``(3) Treatment of assistance.--No funding or services provided to low-income families under this section shall be considered-- ``(A) taxable income to the families who receive services; or ``(B) income or resources countable in determining eligibility for, or the amount of, any public benefit provided under Federal law or the law of any State or political subdivision thereof. ``(4) Evaluation.--The Secretary shall conduct, by grant, contract, or interagency agreement, a comprehensive, independent evaluation of the services provided with grants awarded under this section, including the cost and effectiveness of such services. The independent evaluation conducted under this section shall be specific to each approved program model of home visitation and shall include program outcomes for each home visitation model separately. By not later than 3 years after the date of enactment of this section, the Secretary shall submit to Congress a report on such evaluation. ``(d) Definitions.--In this section: ``(1) Local agency.--The term `local agency' may include a unit of State, local, county, or city government, an Indian tribe or tribal organization, or a non-governmental organization. ``(2) Low-income.--The term `low-income' means individuals whose family income does not exceed 200 percent of the poverty line for a family of the size involved. Low-income shall also include children and families whose income did not exceed 200 percent of the Federal poverty level for a family of the size involved when they began receiving a course of home visitation services but whose income exceeded the allowable amount during the course of receiving home visitation services. ``(3) Poverty line.--The term `poverty line' has the meaning given such term in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by such section. ``(4) Strongest evidence of effectiveness.--The term `strongest evidence of effectiveness' means, with respect to a model of home visitation, that rigorous, scientific evaluations demonstrate sizable, sustained effects on important outcomes in at least 3 of the following 5 areas: ``(A) Prenatal, maternal, and newborn health. ``(B) Child health and development (including prevention of injuries and maltreatment). ``(C) School readiness and academic achievement. ``(D) Juvenile delinquency. ``(E) Family economic self-sufficiency. ``(5) Indian tribe; tribal organization.--The terms `Indian tribe' and `tribal organization' have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). ``(e) Appropriations.--Out of any money in the Treasury not otherwise appropriated, there is appropriated to the Secretary to carry out this section-- ``(1) $100,000,000 for fiscal year 2010; ``(2) $250,000,000 for fiscal year 2011; ``(3) $400,000,000 for fiscal year 2012; ``(4) $550,000,000 for fiscal year 2013; and ``(5) $700,000,000 for fiscal year 2014.''. SEC. 3. MEDICAID OPTION FOR SIMPLIFIED BILLING BY APPROVED HOME VISITATION AGENCIES. (a) State Plan Amendment.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (72), by striking ``and'' at the end; (2) in paragraph (73), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (73) the following: ``(74) at the option of the State, provide for simplified billing by approved home visitation agencies under section 1943.''. (b) Simplified Billing by Approved Home Visitation Agencies.--Title XIX of such Act is amended by adding at the end the following: ``Sec. 1943. Simplified Billing by Approved Home Visitation Agencies.-- ``(a) In General.--A State electing the option described in this Section may permit an approved home visitation agency to use a simplified method to submit claims for payment for home visitation services, but only to the extent that such services are covered under the State plan. ``(b) Definitions.--In this section: ``(1) Approved home visitation agency.--The term `approved home visitation agency' means a local agency with an operating grant under section 511(b)(2). ``(2) Home visitation services.--The term `home visitation services' means services provided consistently with the approved model of home visitation services that is being implemented by the local agency described in paragraph (1) and that are covered under the State plan. ``(3) Simplified method to submit claims for payment.--The term `simplified method to submit claims for payment' means a billing method through which an approved home visitation agency submits claims based on the weighted average cost per visit of providing, through the approved model of home visitation services being implemented by such agency, home visitation services. ``(c) No Expansion of Covered Services.--Nothing in this section shall be construed to authorize the provision of, or payment for, home visitation or other services under this title that are not covered under the State plan.''.

Evidence-Based Home Visitation Act of 2009 - Amends title V (Maternal and Child Health Services) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to award competitive planning and operating grants to local agencies to provide home visitation services to low-income pregnant women and low-income families with young children. Amends SSA title XIX (Medicaid) to give states the option of providing for simplified billing by approved home visitation agencies.

A bill to amend title V of the Social Security Act to provide grants to establish or expand quality programs providing home visitation for low-income pregnant women and low-income families with young children, and for other purposes.

SECTION 1. EPILEPSY CENTERS OF EXCELLENCE. (a) In General.--Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7330A. Epilepsy centers of excellence ``(a) Establishment of Centers.--(1) Not later than 120 days after the date of the enactment of this section, the Secretary shall, upon the recommendation of the Under Secretary for Health, designate not less than six Department health-care facilities as the locations for epilepsy centers of excellence. ``(2) Subject to the availability of appropriations for such purpose, the Secretary shall establish and operate epilepsy centers of excellence at the locations designated pursuant to paragraph (1). ``(b) Designation of Facilities.--(1) The Secretary may not designate a Department health-care facility as a location for an epilepsy center of excellence under subsection (a)(1) unless the peer review panel established under subsection (c) has determined under that subsection that the proposal submitted by such facility seeking designation as a location for an epilepsy center of excellence is among those proposals that meet the highest competitive standards of scientific and clinical merit. ``(2) In choosing from among the facilities meeting the requirements of paragraph (1), the Secretary shall also consider appropriate geographic distribution when designating the epilepsy centers of excellence under subsection (a)(1). ``(c) Peer Review Panel.--(1) The Under Secretary for Health shall establish a peer review panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the designation of epilepsy centers of excellence under this section. ``(2)(A) The membership of the peer review panel shall consist of experts on epilepsy, including post-traumatic epilepsy. ``(B) Members of the peer review panel shall serve for a period of no longer than two years, except as specified in subparagraph (C). ``(C) Of the members first appointed to the panel, one half shall be appointed for a period of three years and one half shall be appointed for a period of two years, as designated by the Under Secretary at the time of appointment. ``(3) The peer review panel shall review each proposal submitted to the panel by the Under Secretary for Health and shall submit its views on the relative scientific and clinical merit of each such proposal to the Under Secretary. ``(4) The peer review panel shall not be subject to the Federal Advisory Committee Act. ``(d) Epilepsy Center of Excellence Defined.--In this section, the term `epilepsy center of excellence' means a Department health-care facility that has (or in the foreseeable future can develop) the necessary capacity to function as a center of excellence in research, education, and clinical care activities in the diagnosis and treatment of epilepsy and has (or may reasonably be anticipated to develop) each of the following: ``(1) An affiliation with an accredited medical school that provides education and training in neurology, including an arrangement with such school under which medical residents receive education and training in the diagnosis and treatment of epilepsy (including neurosurgery). ``(2) The ability to attract the participation of scientists who are capable of ingenuity and creativity in health-care research efforts. ``(3) An advisory committee composed of veterans and appropriate health-care and research representatives of the facility and of the affiliated school or schools to advise the directors of such facility and such center on policy matters pertaining to the activities of the center during the period of the operation of such center. ``(4) The capability to conduct effectively evaluations of the activities of such center. ``(5) The capability to coordinate (as part of an integrated national system) education, clinical care, and research activities within all facilities with such centers. ``(6) The capability to develop jointly a national consortium of providers with interest in treating epilepsy at Department health-care facilities lacking such centers in order to ensure better access to state-of-the-art diagnosis, research, clinical care, and education for traumatic brain injury and epilepsy throughout the health-care system of the Department. Such consortium should include a designated epilepsy referral clinic in each Veterans Integrated Service Network. ``(7) The capability to assist in the expansion of the Department's use of information systems and databases to improve the quality and delivery of care for veterans enrolled within the Department's health care system. ``(8) The capability to assist in the expansion of the Department telehealth program to develop, transmit, monitor, and review neurological diagnostic tests. ``(9) The ability to perform epilepsy research, education, and clinical care activities in collaboration with Department medical facilities that have centers for research, education, and clinical care activities on complex multi-trauma associated with combat injuries established under section 7327 of this title. ``(e) National Coordinator for Epilepsy Programs.--(1) To assist the Secretary and the Under Secretary for Health in carrying out this section, the Secretary shall designate an individual in the Veterans Health Administration to act as a national coordinator for epilepsy programs of the Veterans Health Administration. ``(2) The duties of the national coordinator for epilepsy programs shall include the following: ``(A) To supervise the operation of the centers established pursuant to this section. ``(B) To coordinate and support the national consortium of providers with interest in treating epilepsy at Department health-care facilities lacking such centers in order to ensure better access to state-of-the-art diagnosis, research, clinical care, and education for traumatic brain injury and epilepsy throughout the health-care system of the Department. ``(C) To conduct regular evaluations of the epilepsy centers of excellence to ensure compliance with the requirements of this section. ``(3) In carrying out duties under this subsection, the national coordinator for epilepsy programs shall report to the official of the Veterans Health Administration responsible for neurology. ``(f) Authorization of Appropriations.--(1) There are authorized to be appropriated $6,000,000 for each of fiscal years 2008 through 2012 for the support of the clinical care, research, and education activities of the epilepsy centers of excellence established and operated pursuant to subsection (a)(2). ``(2) There are authorized to be appropriated for each fiscal year after fiscal year 2012 such sums as may be necessary for the support of the clinical care, research, and education activities of the epilepsy centers of excellence established and operated pursuant to subsection (a)(2). ``(3) The Secretary shall ensure that funds for such centers are designated for the first three years of operation as a special purpose program for which funds are not allocated through the Veterans Equitable Resource Allocation system. ``(4) In addition to amounts authorized to be appropriated under paragraphs (1) and (2) for a fiscal year, the Under Secretary for Health shall allocate to such centers from other funds appropriated generally for the Department medical services account and medical and prosthetics research account, as appropriate, such amounts as the Under Secretary for Health determines appropriate. ``(5) In addition to amounts authorized to be appropriated under paragraphs (1) and (2) for a fiscal year, there are authorized to be appropriated such sums as may be necessary to fund the national coordinator established by subsection (e).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7330 the following new item: ``7330A. Epilepsy centers of excellence.''.

Directs the Secretary of Veterans Affairs to designate, establish, and operate at least six Department of Veterans Affairs (VA) health-care facilities as locations for epilepsy centers of excellence. Requires the Under Secretary for Health of the Veterans Health Administration (VHA) to establish a peer review panel to assess the scientific and clinical merit of proposals for the designation of such centers. Prohibits the Secretary from designating a VA facility as a center of excellence unless the peer review panel has determined that the proposal submitted by such facility is among those that meet the highest competitive standards of scientific and clinical merit. Requires the Secretary to designate a VHA national coordinator for epilepsy programs to: (1) supervise the operation of the centers; (2) coordinate and support throughout the VA health-care system better access to diagnosis, research, care, and education for epilepsy and traumatic brain injury; and (3) conduct regular evaluations of the centers. Authorizes appropriations.

A bill to amend title 38, United States Code, to establish epilepsy centers of excellence in the Veterans Health Administration of the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Mainstream Financial Institutions Act of 2008''. SEC. 2. DEFINITIONS. In this Act, the following definitions shall apply: (1) Alaska native corporation.--The term ``Alaska Native Corporation'' has the same meaning as the term ``Native Corporation'' under section 3(m) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)). (2) Community development financial institution.--The term ``community development financial institution'' has the same meaning as in section 103(5) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702(5)). (3) Federally insured depository institution.--The term ``federally insured depository institution'' means any insured depository institution (as that term is defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) and any insured credit union (as that term is defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752)). (4) Labor organization.--The term ``labor organization'' means an organization-- (A) in which employees participate; (B) which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work; and (C) which is described in section 501(c)(5) of the Internal Revenue Code of 1986. (5) Native hawaiian organization.--The term ``Native Hawaiian organization'' means any organization that-- (A) serves and represents the interests of Native Hawaiians; and (B) has as a primary and stated purpose, the provision of services to Native Hawaiians. (6) Payday loan.--The term ``payday loan'' means any transaction in which a small cash advance is made to a consumer in exchange for-- (A) the personal check or share draft of the consumer, in the amount of the advance plus a fee, where presentment or negotiation of such check or share draft is deferred by agreement of the parties until a designated future date; or (B) the authorization of the consumer to debit the transaction account or share draft account of the consumer, in the amount of the advance plus a fee, where such account will be debited on or after a designated future date. (7) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (8) Tribal organization.--The term ``tribal organization'' has the same meaning as in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). SEC. 3. EXPANDED ACCESS TO MAINSTREAM FINANCIAL INSTITUTIONS. (a) Establishment of Program.--The Secretary is authorized to award grants, including multi-year grants, to eligible entities to establish an account in a federally insured depository institution for low- and moderate-income individuals that currently do not have such an account. (b) Eligible Entities.--An entity is eligible to receive a grant under this section, if such an entity is-- (1) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986, and is exempt from taxation under section 501(a) of such Code; (2) a federally insured depository institution; (3) an agency of a State or local government; (4) a community development financial institution; (5) an Indian tribal organization; (6) an Alaska Native Corporation; (7) a Native Hawaiian organization; (8) a labor organization; or (9) a partnership comprised of 1 or more of the entities described in the preceding subparagraphs. (c) Evaluation and Reports to Congress.--For each fiscal year in which a grant is awarded under this section, the Secretary shall submit a report to Congress containing a description of the activities funded, amounts distributed, and measurable results, as appropriate and available. SEC. 4. LOW COST ALTERNATIVES TO PAYDAY LOANS. (a) Establishment of Program.--The Secretary is authorized to award demonstration project grants (including multi-year grants) to eligible entities to provide low-cost, small loans to consumers that will provide alternatives to more costly, predatory payday loans. (b) Eligible Entities.--An entity is eligible to receive a grant under this section if such an entity is-- (1) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; (2) a federally insured depository institution; (3) a community development financial institution; or (4) a partnership comprised of 1 or more of the entities described in paragraphs (1) through (3). (c) Terms and Conditions.-- (1) Percentage rate.--For purposes of this section, an eligible entity that is a federally insured depository institution shall be subject to the annual percentage rate promulgated by the National Credit Union Administration's Loan Interest Rates under part 701 of title 12, Code of Federal Regulations (or any successor thereto), in connection with a loan provided to a consumer pursuant to this section. (2) Financial literacy and education opportunities.--Each eligible entity awarded a grant under this section shall offer financial literacy and education opportunities, such as relevant counseling services or educational courses, to each consumer provided with a loan pursuant to this section. (d) Evaluation and Reports to Congress.--For each fiscal year in which a grant is awarded under this section, the Secretary shall submit a report to Congress containing a description of the activities funded, amounts distributed, and measurable results, as appropriate and available. SEC. 5. PROCEDURAL PROVISIONS. (a) Applications.--A person desiring a grant under section 3 or 4 shall submit an application to the Secretary, in such form and containing such information as the Secretary may require. (b) Limitation on Administrative Costs.--A recipient of a grant under section 3 or 4 may use not more than 6 percent of the total amount of such grant in any fiscal year for the administrative costs of carrying out the programs funded by such grant in such fiscal year. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary, such sums as are necessary to carry out the grant programs authorized by this Act, to remain available until expended. SEC. 7. REGULATIONS. The Secretary is authorized to promulgate regulations to implement and administer the grant programs authorized by this Act.

Improving Access to Mainstream Financial Institutions Act of 2008 - Authorizes the Secretary of the Treasury to award grants, including multi-year grants, to specified eligible entities to establish an account in a federally insured depository institution for low- and moderate-income individuals who currently do not have such an account. Includes among such eligible entities: (1) Alaska Native Corporations; (2) Native Hawaiian organizations; and (3) labor organizations. Authorizes the Secretary to award demonstration project grants to eligible entities to provide low-cost, small loans to consumers that will provide alternatives to more costly, predatory payday loans. Requires such entities to be: (1) tax-exempt charitable organizations; (2) federally insured depository institutions; (3) community development financial institutions; or (4) partnerships comprised of one or more of such entities. Requires grant recipients to offer financial literacy and education opportunities to each consumer provided with a loan pursuant to this Act.

A bill to authorize a grant program to provide for expanded access to mainstream financial institutions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Renewable Energy Promotion Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Fund.--The term ``Fund'' means the Adaptive Management and Environmental Fund established by section 3(c). (2) Marine renewable energy.--The term ``marine renewable energy'' means energy from-- (A) waves, tides, and currents in oceans, estuaries, and tidal areas; (B) free flowing water in rivers, lakes, man made channels, and streams; and (C) differentials in ocean temperature or ocean thermal energy conversion. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. MARINE RENEWABLE ENERGY RESEARCH AND DEVELOPMENT. (a) Research and Development Program.-- (1) In general.--The Secretary shall establish a marine renewable energy research and development program that is focused on-- (A) developing new marine renewable energy technologies; (B) reducing the manufacturing and operation costs of marine renewable energy technologies; (C) increasing the reliability and survivability of marine renewable energy facilities; (D) integrating marine renewable energy into the national electric grid; (E) identifying opportunities for cross-pollination and development of economies of scale between offshore wind and marine renewable energy sources; (F) identifying the environmental impacts of marine renewable energy and ways to address any negative impacts; and (G)(i) applying advanced systems engineering and system integration methods to identify critical interfaces and develop open standards for marine renewable energy; (ii) transferring the resulting intellectual property to industry stakeholders as public information through published interface definitions, standards, and demonstration projects; and (iii) developing incentives for industry to comply with the standards. (2) Administration.--The program established under paragraph (1) shall be separate from any wind and hydropower program carried out by the Secretary. (b) Marine-Based Energy Device Verification Program.-- (1) Establishment.--The Secretary shall establish a marine- based energy device verification program to provide a bridge from the wave, tidal, current, or thermal energy capture device design and development efforts underway across the industry to commercial deployment of marine renewable energy devices. (2) Purposes.--The purposes of the program are to fund, facilitate the development and installation of, and evaluate marine renewable energy projects, in partnership with the Electric Power Research Institute, the National Renewable Energy Laboratory, the Pacific Northwest National Laboratory Marine Sciences Laboratory, and the Sandia National Laboratories, and in conjunction with universities and other institutions of higher education, private business entities, and other appropriate organizations, in order-- (A) to increase marine renewable energy experience; and (B) to build and operate enough candidate devices to obtain statistically significant operating and maintenance data. (3) Objectives.--The objectives of the program include-- (A) verifying the performance, reliability, maintainability, and cost of new marine renewable energy device designs and system components in an operating environment; (B) providing States, regulators, utilities, and other stakeholders with a valid opportunity to test and evaluate marine renewable energy technology in new areas; (C) documenting and communicating the experience from those projects for the benefit of utilities, independent power producers, other nonutility generators, device suppliers, and others in the marine renewable energy development community; and (D) resolving environmental issues through robust characterization, reliable impact prediction, effective monitoring, development and use of adaptive management, and informing engineering design to improve environmental performance. (c) Adaptive Management and Environmental Fund.-- (1) Findings.--Congress finds that-- (A) the use of marine renewable energy technologies can reduce contributions to global warming; (B) marine renewable energy technologies can be produced domestically; (C) marine renewable energy is a nascent industry; and (D) the United States must work to promote new renewable energy technologies that reduce contributions to global warming gases and improve domestic energy production. (2) Fund.-- (A) Establishment.--There is established in the Treasury of the United States a revolving fund, to be known as the ``Adaptive Management and Environmental Fund'', consisting of such amounts as are appropriated to the Fund under subsection (d). (B) Expenditures from fund.-- (i) In general.--Subject to clause (ii), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to provide grants to eligible entities to assist the entities in complying with Federal, State, or local regulatory permit requirements through assessment and demonstration of the environmental effects of marine renewable energy projects (including environmental studies, design, fabrication, deployment, operating, monitoring, environmental mitigation, and decommissioning costs). (ii) Administrative expenses.--An amount not exceeding 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this subsection. (C) Transfers of amounts.-- (i) In general.--The amounts required to be transferred to the Fund under this paragraph shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (ii) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (3) Eligibility.-- (A) In general.--To be eligible for a grant under this subsection, an entity shall provide to the Secretary a regulatory permit that includes conditions for the removal of the marine renewable energy project supported by the grant if the permitting authority finds that the marine renewable energy project has an unacceptable adverse impact on the environment. (B) Administration.--A marine renewable energy project shall not be required to be removed in the absence of a finding by the permitting authority that the project has an unacceptable adverse impact. (4) Public availability.--The results of any assessment or demonstration conducted under this subsection shall be made available to the public, except to the extent that the assessment or demonstration contains information that is protected from disclosure under section 552(b) of title 5, United States Code. (5) Audit requirements.-- (A) In general.--Any entity that receives a grant under this subsection shall-- (i) track the use of grant funds from the Fund; and (ii) certify annually to the Secretary that the grant funds were used only for purposes authorized under this subsection. (B) Procedures.--The Secretary shall establish procedures to ensure that the Secretary is able to oversee and audit the use of funds by eligible entities. (C) Annual audits.--The Secretary shall conduct an audit, at least annually, of the use of grant funds received under this subsection by each eligible entity. (D) Ineligibility.--The Secretary may declare an entity ineligible for a grant under this subsection on a finding of inappropriate use of funding. (6) Sunset provision.-- (A) Report.--The Secretary shall submit a report to the appropriate committees of Congress if the Secretary determines that the technologies and activities supported under this subsection have achieved a level of maturity that is sufficient to enable the program authorized under this subsection to cease. (B) Termination.--The program authorized under this subsection and the Fund shall cease to exist effective on the date of submission of a report described in subparagraph (A). (7) Administration.--The Secretary may use amounts in the Fund to provide assistance to State resource agencies that are processing applications for permits required for marine renewables projects that have received assistance from the Fund to assist staff with understanding and evaluating applications and participating in the applicable Federal Energy Regulatory Commission or Minerals Management Service regulatory process. (8) Environmental requirement.--Nothing in this section eliminates or otherwise affects any requirement imposed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $250,000,000 for each of fiscal years 2010 through 2021.

Marine Renewable Energy Promotion Act of 2009 - Requires the Department of Energy (DOE) to establish a marine renewable energy research and development program, separate from any DOE wind and hydropower program, focused on: (1) developing new marine renewable energy technologies; (2) reducing the manufacturing and operation costs of such technologies; (3) increasing the reliability and survivability of marine renewable energy facilities; (4) integrating marine renewable energy into the national electric grid; (5) identifying opportunities for cross pollination and development of economies of scale between offshore wind and marine renewable energy sources; (6) identifying the environmental impacts of marine renewable energy and ways to address negative impacts; (7) applying advanced systems engineering and system integration methods to identify critical interfaces and develop open standards for marine renewable energy; (8) transferring the resulting intellectual property to industry stakeholders as public information through published interface definitions, standards, and demonstration projects; and (9) developing incentives for industry to comply with such standards. Requires DOE to establish a marine-based energy device verification program to provide a bridge from the wave, tidal, current, or thermal energy capture device design and development efforts underway across the industry to commercial deployment of marine renewable energy devices. Sets forth as purpose of the Program to fund, facilitate the development and installation of, and evaluate marine renewable energy projects, in partnership with the Electric Power Research Institute, the National Renewable Energy Laboratory, the Pacific Northwest National Laboratory Marine Sciences Laboratory, and the Sandia National Laboratories in order to: (1) increase marine renewable energy experience; and (2) build and operate enough candidate devices to obtain statistically significant operating and maintenance data. Establishes an Adaptive Management and Environmental Fund to provide grants for complying with requirements through assessment and demonstration of the environmental effects of marine renewable energy projects.

A bill to promote the development and use of marine renewable energy technologies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Amendments for All Endangered Species Act''. SEC. 2. WILDLIFE MANAGEMENT EFFECTS EVALUATION. (a) Amendment to Act.--Section 13 of the Endangered Species Act of 1973 (87 Stat. 901) is amended to read as follows: ``wildlife management effects evaluation ``Sec. 13. (a) In General.--The Secretary shall evaluate the impact on fish and wildlife management practices, including fishing, hunting, and trapping, of any proposed action under this Act, including the listing of any species or the designation of critical habitat under section 4, the making of any taking determination pursuant to section 9, or the taking of any action under the Convention, which may have a significant effect on such practices. Such evaluation shall include-- ``(1) notification of the appropriate State or local agencies responsible for the conduct or oversight of fish and wildlife management practices; and ``(2) notice and conduct of a hearing in the vicinity of the proposed action. ``(b) Disclaimer.--Nothing in this section shall affect the substantive standards for listing determinations set forth in section 4.''. (b) Conforming Amendment.--The entry for that section in the table of contents to such Act of 1973 is amended to read as follows: ``Sec. 13. Wildlife management effects evaluation.''. SEC. 3. FISH AND WILDLIFE CONSERVATION AND MANAGEMENT PROJECTS. Section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535) is amended by adding the following new subsection at the end: ``(j) Activities That Constitute Taking.--(1) No action to plan or execute fish and wildlife management activities and projects authorized by Federal or State fish and wildlife management authorities, including those that alter habitat for the benefit of selected species, shall constitute a taking pursuant to section 9 unless such activity or project actually wounds or kills an endangered or threatened species. ``(2) Nothing in this subsection shall alter or affect consultation, if necessary, as provided in section 7 nor affect the ability of a State agency or private entity to obtain permits pursuant to section 10.''. SEC. 4. CITES AND SPORT HUNTING. Section 8A(c) of the Endangered Species Act of 1973 (16 U.S.C. 1537a(c)) is amended-- (1) by striking out ``practices;'' in paragraph (2) and inserting ``practices and shall give due weight to the conservation benefits of wildlife management practices, including sport hunting;''; and (2) by inserting after paragraph (2) the following new paragraph: ``(3)(A) The Secretary shall recognize and abide by the determinations made by contracting parties to the Convention as to which of their indigenous species are threatened, endangered, or subject to the provisions of the Convention, in all actions which the Secretary takes pursuant to the Convention. ``(B) The Secretary may reject any determination referred to in subparagraph (A) if the Secretary possesses clear and convincing evidence that the determination was fraudulently rendered or was based on erroneous or grossly inadequate scientific data.''. SEC. 5. FAIR NOTICE OF FOREIGN LAWS. Section 11(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1540(b)(1)) is amended by adding at the end the following new sentence: ``To constitute a violation under this subsection to which criminal penalties apply, a violation of foreign law must be of a reasonably ascertainable wildlife conservation statute. All other violations of foreign law and foreign administrative requirements with respect to the provisions of this Act shall be subject to subsection (a)(1).''. SEC. 6. SUBSPECIES AND POPULATION CRITERIA; ADJUDICATION AND PEER REVIEW. Section 4(b) of the Endangered Species Act (16 U.S.C. 1533(b)) is amended by adding at the end the following new paragraphs: ``(9) The Secretary shall by regulation establish criteria by which to determine whether any fish or wildlife stock constitutes a subspecies or distinct population segment, or plant stock constitutes a subspecies, so as to be eligible for listing as a threatened or endangered species under this section. The criteria shall include a requirement that genetic data analysis be employed where or when such data are available and shall establish a reasonable burden of proof for determinations of subspecies and distinct population segments. ``(10) In making the determinations pursuant to this section, the Secretary may, at his sole discretion, employ an adjudicative procedure to assist the Secretary in acquiring the best scientific and commercial data pursuant to subsection (b)(1). Any scientific determination on a proposed listing made by the United States Fish and Wildlife Service or the National Marine Fisheries Service may be submitted by the Secretary for peer review to a scientifically qualified entity or entities before a final determination is made by the Secretary. Such peer review process shall not be subject to the provisions of the Federal Advisory Committee Act.''. SEC. 7. FUNDING AUGMENTATION STUDY. The Secretary of the Interior shall study and report to Congress within 18 months after the date of the enactment of this Act on the feasibility of a program or programs (similar to the Dingell-Johnson and Pittman-Robertson programs which fund sport fishing, boating, and hunting projects) under which monies shall be collected from those who may benefit specifically from the provisions of the Endangered Species Act of 1973 and used in furtherance of the goals and purposes set forth in such Act.

Common Sense Amendments for All Endangered Species Act - Amends the Endangered Species Act of 1973 with respect to: (1) wildlife management effects evaluation; (2) fish and wildlife conservation and management projects; (3) sport hunting; (4) foreign laws; and (5) subspecies and population criteria. Directs the Secretary of the Interior to conduct a specified funding augmentation study.

Common Sense Amendments for All Endangered Species Act

.-- (1) In general.--Not later than 180 days after the date on which a Commission report is submitted under section 2(f)(3), the President shall transmit to Congress a special message accompanied by a proposed joint resolution. (2) Requirements for preparation of proposed joint resolution.-- (A) Consultation with congress.-- (i) In general.--The President may not transmit a proposed joint resolution under paragraph (1) until after the President completes consultation with Congress in accordance with this subparagraph. (ii) Consultation with committees.--The President shall consult with the chairman and ranking minority member of each relevant committee of the Senate or of the House of Representatives regarding the contents of a proposed joint resolution. (iii) Requirements for consultation.--The consultation required under clause (ii) shall provide the opportunity for the chairman and ranking member of each relevant committee of the Senate or of the House of Representatives to provide-- (I) substantive feedback or recommendations relating to the Commission report and how best to legislatively address the recommendations contained in the Commission report; (II) recommendations for alternative means of addressing the recommendations contained in the Commission report; and (III) recommendations regarding which recommendations contained in the Commission report should not be addressed in the proposed joint resolution. (iv) Relevant committees.--The relevant committees of the Senate and the House of Representatives for purposes of this subparagraph shall be-- (I) determined by the President; and (II) based on the content of the proposed joint resolution. (B) Consultation with gao and cbo.--The President shall prepare a proposed joint resolution transmitted under paragraph (1) in consultation with the Comptroller General of the United States and the Director of the Congressional Budget Office. (3) Contents of special message.--A special message transmitted under paragraph (1) shall-- (A) specify recommendations outlined in the Commission report that are excluded from the proposed joint resolution; (B) detail why the recommendations described in subparagraph (A) were excluded from the proposed joint resolution; (C) specify recommendations outlined in the Commission report that are included in the proposed joint resolution; and (D) identify programs included in the Commission report that should be eliminated or consolidated. (4) Transmittal.--The President shall submit the special message to the Secretary of the Senate if the Senate is not in session and to the Clerk of the House of Representatives if the House is not in session. (5) Public availability.--The President shall make a copy of the special message and the proposed joint resolution publicly available, and shall publish in the Federal Register a notice of the message and information on how it can be obtained. (c) Introduction by Leaders.-- (1) In the house of representatives.-- (A) In general.--Not later than 30 days on which the House of Representatives is in session after the date on which the President transmits a proposed joint resolution under subsection (b), the proposed joint resolution shall be introduced in the House of Representatives (by request) by the majority leader of the House of Representatives or by a Member of the House of Representatives designated by the majority leader of the House of Representatives. (B) Joint resolution not introduced.-- (i) In general.--If, within 31 days on which the House of Representatives is in session after the date on which the President transmits a proposed joint resolution under subsection (b), the proposed joint resolution is not introduced in accordance with subparagraph (A), it shall be in order for the minority leader of the House of Representatives or a Member of the House of Representatives designated by the minority leader of the House of Representatives to introduce the proposed joint resolution. (ii) Joint resolution introduction by others.--If, within 40 days on which the House of Representatives is in session after the date on which the President transmits a proposed joint resolution under subsection (b), the proposed joint resolution is not introduced in accordance with subparagraph (A) or clause (i) of this subparagraph, it shall be in order for any member of the House of Representatives to introduce the proposed joint resolution in the House of Representatives. (2) In the senate.-- (A) In general.--Not later than 30 days on which the Senate is in session after the date on which the President transmits a proposed joint resolution under subsection (b), the proposed joint resolution shall be introduced in the Senate (by request) by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate. (B) Joint resolution not introduced.-- (i) In general.--If, within 31 days on which the Senate is in session after the date on which the President transmits a proposed joint resolution under subsection (b), the proposed joint resolution is not introduced in accordance with subparagraph (A), it shall be in order for the minority leader of the Senate or a Member of the Senate designated by the minority leader of the Senate to introduce the proposed joint resolution. (ii) Joint resolution introduction by others.--If, within 40 days on which the Senate is in session after the date on which the President transmits a proposed joint resolution under subsection (b), the proposed joint resolution is not introduced in accordance with subparagraph (A) or clause (i) of this subparagraph, it shall be in order for any member of the Senate to introduce the proposed joint resolution.

Fiscal Responsibility Act of 2016 or the FIRE Act This bill requires the President and the congressional leadership to appoint members of a National Commission on Fiscal Responsibility and Reform within 180 days of the inauguration of a President. The commission must identify policies to improve the fiscal situation in the medium-term and to achieve fiscal sustainability over the long-term. In carrying out these duties, the commission must propose recommendations to: (1) balance the budget, excluding interest payments on the debt, within 10 years, in order to stabilize the debt-to-GDP (gross domestic product) ratio at an acceptable level; and (2) meaningfully improve the long-term fiscal outlook, including changes to address the growth of entitlement spending and the gap between projected revenues and expenditures. Within one year of the appointment of its members, the commission must vote on a report including the required recommendations. The commission may only issue a final report to be submitted to Congress if at least 12 of its 18 members approve the report. Each commission terminates 30 days after submitting a report to Congress. After consulting with Congress and specified agencies, the President must submit to Congress a joint resolution containing the legislative text necessary to implement the recommendations contained in a report submitted to Congress. The resolution must be accompanied by a special message that includes specified details regarding recommendations of the commission that are excluded from or included in the resolution. Congress must consider the joint resolution using expedited legislative procedures specified in the bill.

FIRE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``States' Rights and Second and Tenth Amendment Restoration Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Congressional findings: (1) Domestic Violence remains a very serious problem in the United States. It is a dangerous crime and should be punished as such, including, where appropriate, as a felony. (2) Many States have classified Domestic Violence crimes as misdemeanors, others as felonies. States are the proper authority, rather than the Federal Government, to classify Domestic Violence offenses. (3) Where appropriate, States should classify Domestic Violence offenses as a felony. (4) Section 658 of Public Law 104-208, commonly referred to as the Lautenberg amendment, oversteps Federal authority, violating States' rights, because no nexus has been shown to exist between Domestic Violence and interstate commerce. (5) The Lautenberg amendment does not deal with a subject delegated to Congress under article I, section 8 of the Constitution of the United States and is therefore unconstitutional under the tenth amendment to the Constitution, as interpreted by United States v. Lopez. (6) The Lautenberg amendment oversteps Congress's power to regulate commerce as delineated by the Commerce Clause of the United States Constitution. (7) Some of the strictest gun control laws are found in cities where the number of incidents of guns being used in violent crimes is the highest. Therefore, the Lautenberg amendment does not reduce incidents of domestic violence. (8) State and Federal judges already have the power to deny persons convicted of misdemeanors the right to possess firearms as a condition of probation or parole. (9) The Lautenberg amendment is an unfunded Federal mandate because States are liable for the costs of monitoring those citizens who have been banned for life from owning a firearm. Many times this lifetime ban is a result of a misdemeanor, not a felony. (10) Section 658 of the Treasury-Postal portion of Public Law 104-208 violates all notions of constitutional due process and constitutes an ex post facto law because it imposes a criminal penalty on crimes which were not subject to that penalty at the time of the Act. (11) Law-abiding citizens use guns to defend themselves against criminals as many as 2.5 million times every year. Of these self-defense cases, as many as 200,000 are by women defending themselves against sexual assault. (12) Section 658 of the Treasury-Postal portion of Public Law 104-208 will, if allowed to stand, result in the disarming of millions of citizens, including women, on account of misdemeanor offenses which, in many cases, were committed long before the effective date of that Act. (13) Section 658 of the Treasury-Postal portion of Public Law 104-208 will, in many cases, disarm battered women who need access to firearms in order to protect themselves from their battering spouses as well as from common criminals. (14) Section 658 of the Treasury-Postal portion of Public Law 104-208 will, if allowed to stand, impose a lifetime gun ban on persons who committed acts so minor that they were not even entitled to a jury trial prior to conviction. (15) Section 658 of the Treasury-Postal portion of Public Law 104-208, will, if allowed to stand, result in the disarming and dismissal of a significant number of law enforcement officers and American servicemen, on account of misdemeanors, which in many cases, were committed long before the effective date of that Act. (16) Section 658 of the Treasury-Postal portion of Public Law 104-208 ignores the real problem surrounding domestic violence in that truly violent offenders are allowed to plea- bargain down to misdemeanors. (b) Purpose.--It is the purpose of this Act to restore States' rights, the tenth amendment, and second amendment freedoms. SEC. 3. REPEALER. Section 658 of the Treasury-Postal portion of Public Law 104-208 is repealed and is null and void as if it had not been enacted, and all provisions of law amended by such section are restored as if section 658 had not been enacted. SEC. 4. EFFECTIVE DATE. This Act shall take effect as if included in the Treasury-Postal portion of Public Law 104-208. Any liability, penalty, or forfeiture incurred by any person by reason of the application of any amendment made by section 658 of the Treasury-Postal portion of Public Law 104- 208 is hereby extinguished, and any action or prosecution for the enforcement of any such liability, penalty, or forfeiture shall not be sustained.

States' Rights and Second and Tenth Amendment Restoration Act of 2001 - Amends the Omnibus Consolidated Appropriations Act, 1997 to repeal a specified provision (commonly referred to as the Lautenberg amendment) establishing a gun ban for individuals convicted of a misdemeanor crime of domestic violence.

To repeal section 658 of Public Law 104-208, commonly referred to as the Lautenberg amendment.

SECTION 1. DEFINITIONS. In this Act: (1) Management plan.--The term ``management plan'' means the management plan for the National Scenic Area developed under section 3(a). (2) Map.--The term ``Map'' means the map titled ``Proposed Alabama Hills National Scenic Area'', dated September 8, 2014. (3) Motorized vehicles.--The term ``motorized vehicles'' means motorized or mechanized vehicles and includes, when used by utilities, mechanized equipment, helicopters, and other aerial devices necessary to maintain electrical or communications infrastructure. (4) National scenic area.--The term ``National Scenic Area'' means the Alabama Hills National Scenic Area established by section 2(a). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of California. (7) Tribe.--The term ``Tribe'' means the Lone-Pine Paiute Shoshone Tribe. (8) Utility facility.--The term ``utility facility'' means any and all existing and future electric generation facilities, electric storage facilities, overhead and/or underground electrical supply systems and communication systems consisting of electric substations, electric lines, poles and towers made of various materials, ``H'' frame structures, guy wires and anchors, crossarms, wires, underground conduits, cables, vaults, manholes, handholes, above-ground enclosures, markers and concrete pads and other fixtures, appliances and communication circuits, and other fixtures, appliances and appurtenances connected therewith necessary or convenient for the construction, operation, regulation, control, grounding and maintenance of electric generation, storage, lines and communication circuits, for the purpose of transmitting intelligence and generating, storing, distributing, regulating and controlling electric energy to be used for light, heat, power, communication, and other purposes. SEC. 2. ALABAMA HILLS NATIONAL SCENIC AREA, CALIFORNIA. (a) Establishment.--Subject to valid, existing rights, there is established in Inyo County, California, the Alabama Hills National Scenic Area. The National Scenic Area shall be comprised of the approximately 18,610 acres generally depicted on the Map as ``National Scenic Area''. (b) Purpose.--The purpose of the National Scenic Area is to conserve, protect, and enhance for the benefit, use, and enjoyment of present and future generations the nationally significant scenic, cultural, recreational, geological, educational, biological, historical, cinematographic, and scientific resources of the National Scenic Area managed consistent with the principles of multiple use as defined in the Federal Land Policy and Management Act of 1976. (c) Map; Legal Descriptions.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the National Scenic Area with-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Force of law.--The map and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical and typographical errors in the map and legal descriptions. (3) Public availability.--Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management. (d) Administration.--The Secretary shall manage the National Scenic Area-- (1) as a component of the National Landscape Conservation System; (2) so as not to impact the future continuing operations and maintenance of any activities associated with valid, existing rights, including water rights; (3) in a manner that conserves, protects, and enhances the resources and values of the National Scenic Area described in subsection (b); and (4) in accordance with-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B) this Act; and (C) any other applicable laws. (e) Management.-- (1) In general.--The Secretary shall allow only such uses of the National Scenic Area as the Secretary determines would support the purposes of the National Scenic Area as described in subsection (b). (2) Recreational activities.--Except as otherwise provided in this Act or other applicable law, or as the Secretary determines to be necessary for public health and safety, the Secretary shall allow existing recreational uses of the National Scenic Area to continue, including hiking, mountain biking, rock climbing, sightseeing, horseback riding, hunting, fishing, and appropriate authorized motorized vehicle use. (3) Motorized vehicles.--Except as specified within this Act and/or in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Scenic Area shall be permitted only on-- (A) roads and trails designated by the Director of the Bureau of Land Management for use of motorized vehicles as part of a management plan promoting a semi- primitive motorized experience; or (B) on county-maintained roads in accordance with applicable State and county laws. (f) Acquisition of Land.-- (1) In general.--The Secretary may acquire non-Federal land within the boundaries of the National Scenic Area only through exchange, donation, or purchase from a willing seller. (2) Management.--Land acquired under paragraph (1) shall be-- (A) considered to be a part of the National Scenic Area; and (B) managed in accordance with this Act and any other applicable laws. (g) No Buffer Zones.-- (1) In general.--Nothing in this Act creates a protective perimeter or buffer zone around the National Scenic Area. (2) Activities outside national scenic area.--The fact that an activity or use on land outside the National Scenic Area can be seen or heard within the National Scenic Area shall not preclude the activity or use outside the boundaries of the National Scenic Area. (h) Access.--The Secretary shall continue to provide private landowners adequate access to inholdings in the National Scenic Area. (i) Filming.--Nothing in this Act prohibits filming (including commercial film production, student filming, and still photography) within the National Scenic Area-- (1) subject to-- (A) such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and (B) applicable law; and (2) in a manner consistent with the purposes described in subsection (b). (j) Fish and Wildlife.--Nothing in this Act affects the jurisdiction or responsibilities of the State with respect to fish and wildlife. (k) Livestock.--The grazing of livestock in the National Scenic Area, including grazing under the Alabama Hills allotment and the George Creek allotment, as established before the date of enactment of this Act, shall be permitted to continue-- (1) subject to-- (A) such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and (B) applicable law; and (2) in a manner consistent with the purposes described in subsection (b). (l) Overflights.--Nothing in this Act restricts or precludes flights over the National Scenic Area or overflights that can be seen or heard within the National Scenic Area, including-- (1) transportation, sightseeing and filming flights, general aviation planes, helicopters, hang-gliders, and balloonists, for commercial or recreational purposes; (2) low-level overflights of military aircraft; (3) flight testing and evaluation; or (4) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the National Scenic Area. (m) Withdrawal.--Subject to this Act's provisions and valid rights in existence on the date of enactment of this Act, including rights established by prior withdrawals, the Federal land within the National Scenic Area is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (n) Wildland Fire Operations.--Nothing in this Act prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Scenic Area, consistent with the purposes described in subsection (b). (o) Grants; Cooperative Agreements.--The Secretary may make grants to, or enter into cooperative agreements with, State, tribal, and local governmental entities and private entities to conduct research, interpretation, or public education or to carry out any other initiative relating to the restoration, conservation, or management of the National Scenic Area. (p) Air and Water Quality.--Nothing in this Act modifies any standard governing air or water quality outside of the boundaries of the National Scenic Area. (q) Utility Facilities and Rights of Way.-- (1) Nothing in this Act shall-- (A) affect the existence, use, operation, maintenance (including but not limited to vegetation control), repair, construction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation, improvement, funding, removal, or replacement of utility facilities or appurtenant rights of way within or adjacent to the National Scenic Area; (B) affect necessary or efficient access to utility facilities or rights of way within or adjacent to the National Scenic Area; (C) preclude the establishment of new utility facilities or rights of way (including instream sites, routes, and areas) within the National Scenic Area if such facilities are necessary for public health and safety, electricity supply, telecommunications, or other utility services; and/or (D) preclude the use of motorized vehicles on and off roads and trails designated for use by motorized vehicles, including but not limited to the use of mechanized equipment, helicopters, and/or other aerial vehicles or devices, as necessary or efficient for the performance of activities related to the operation, maintenance, expansion, and/or construction of any utility facilities, including lines, and/or rights of way. (2) Management plan.--Consistent with this Act's provisions, the Management Plan shall establish plans for maintenance of public utility and other rights of way within the National Scenic Area. SEC. 3. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, in accordance with subsection (b), the Secretary shall develop a comprehensive plan for the long-term management of the National Scenic Area. (b) Consultation.--In developing the management plan, the Secretary shall consult with-- (1) appropriate State, tribal, and local governmental entities, including Inyo County, the Los Angeles Department of Water and Power, and the Tribe; (2) investor-owned utilities, including Southern California Edison Company; and (3) members of the public. (c) Incorporation of Management Plan.--In developing the management plan, in accordance with this section, the Secretary-- (1) may incorporate any provision of the relevant resource management plan in existence as of the date of enactment of this Act; and (2) shall allow, in perpetuity, recreational mining limited to the use of hand tools, metal detectors, hand-fed dry washers, vacuum cleaners, gold pans, small sluices, and similar items. (d) Interim Management.--Pending completion of the management plan, the Secretary shall manage the National Scenic Area in accordance with-- (1) section 2; and (2) the applicable management plan of the Bureau of Land Management in existence on the date of enactment of this Act. SEC. 4. LAND TAKEN INTO TRUST FOR LONE PINE PAIUTE-SHOSHONE RESERVATION. (a) Trust Land.--As soon as practicable after the date of the enactment of this Act, the Secretary shall take the approximately 132 acres of Federal land depicted on the Map as ``Lone Pine Paiute- Shoshone Reservation Addition'' into trust for the benefit of the Tribe, subject to the following: (1) Conditions.--The land shall be subject to all easements, covenants, conditions, restrictions, withdrawals, and other matters of record on the date of the enactment of this Act. (2) Exclusion.--The Federal lands over which the right-of- way for the Los Angeles Aqueduct is located, generally described as the 250-foot-wide right-of-way granted to the City of Los Angeles pursuant to the Act of June 30, 1906 (Chap. 3926), shall not be taken into trust for the Tribe. (b) Reservation Land.--The land taken into trust pursuant to subsection (a) shall be considered part of the reservation of the Tribe. (c) Gaming Prohibition.--Gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be allowed on the land taken into trust pursuant to subsection (a). SEC. 5. TRANSFER OF ADMINISTRATIVE JURISDICTION. Administrative jurisdiction of the approximately 40 acres of Federal land depicted on the Map as ``USFS Transfer to BLM'' is hereby transferred from the Forest Service under the Secretary of Agriculture to the Bureau of Land Management under the Secretary.

Establishes the Alabama Hills National Scenic Area, comprised of approximately 18,610 acres of land in Inyo County, California. Declares that the purpose of the Area is to conserve, protect, and enhance for the benefit, use, and enjoyment of present and future generations the nationally significant scenic, cultural, recreational, geological, educational, biological, historical, cinematographic, and scientific resources of the Area managed consistent with the multiple use principles defined in the Federal Land Policy and Management Act of 1976. Directs the Secretary of the Interior to: (1) manage the Area as a component of the National Landscape Conservation System, (2) allow existing recreational uses of the Area to continue except as the Secretary otherwise determines to be necessary for public health and safety, (3) permit the use of motorized vehicles in the Area only on roads and trails designated by the Bureau of Land Management (BLM) as part of a management plan promoting a semi-primitive motorized experience or on county-maintained roads in accordance with applicable state and county laws, and (4) develop a comprehensive plan for the Area's long-term management. Permits the Secretary to acquire non-federal land within the Area only through exchange, donation, or purchase from a willing seller. Withdraws the federal land within the Area from all forms of: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. Directs the Secretary to take approximately 132 acres of federal land into trust for the benefit of the Lone-Pine Paiute Shoshone Tribe, excluding a specified right-of-way granted to the City of Los Angeles. Prohibits gaming on such land. Transfers administrative jurisdiction of approximately 40 acres of specified federal land from the U.S. Forest Service to BLM.

To establish the Alabama Hills National Scenic Area in the State of California, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drinking Water Affordability Act''. SEC. 2. AMENDMENTS TO SAFE DRINKING WATER ACT. (a) National Drinking Water Regulations.--Section 1412(b)(9) of the Safe Drinking Water Act (42 U.S.C. 300g-1(b)(9)) is amended by striking the last sentence and inserting ``Any revision of a national primary drinking water regulation shall be promulgated in accordance with this section, including paragraphs (3) through (6) of this subsection.'' (b) Enforcement of Drinking Water Regulations.--Section 1414(h)(1)(C) of the Safe Drinking Water Act (42 U.S.C. 300g- 3(h)(1)(C)) is amended by inserting ``or management'' after ``the transfer of ownership''. (c) State Revolving Loan Funds.-- (1) Assistance for disadvantaged communities.--Section 1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 300j- 12(d)(2)) is amended by striking ``30'' and inserting ``35''. (2) Types of assistance.--Section 1452(f)(1) of the Safe Drinking Water Act (42 U.S.C. 300j-12(f)(1)) is amended-- (A) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (B) by inserting after subparagraph (B) the following new subparagraph: ``(C) each loan will be fully amortized not later than 30 years after the completion of the project, except that in the case of a disadvantaged community (as defined in subsection (d)(3)) a State may provide an extended term for a loan, if the extended term-- ``(i) terminates not later than the date that is 40 years after the date of project completion; and ``(ii) does not exceed the expected design life of the project;''; and (C) in subparagraph (B), by striking ``1 year after completion of the project for which the loan was made'' and all that follows through ``design life of the project;'' and inserting ``18 months after completion of the project for which the loan was made;''. (3) Other authorized activities.--Section 1452(k)(1)(C) of the Safe Drinking Water Act (42 U.S.C. 300j-12(k)(1)(C)) is amended by striking ``for fiscal years 1996 and 1997'' and all that follows through the period at the end and inserting ``for fiscal years 2018 through 2024 to delineate, assess, update assessments, and undertake implementation activities with respect to source water protection areas in accordance with the requirements of a program approved under section 1453, excluding any activity required to be conducted under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).''. (d) Exemption From Federal Cross-Cutting Requirements.--Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following new section: ``SEC. 1459C. EXEMPTION FROM FEDERAL CROSS-CUTTING REQUIREMENTS. ``Notwithstanding any other provision of law, the Administrator shall exempt a public water system that receives financial assistance pursuant to section 1452 from a Federal cross-cutting requirement if the Administrator determines that the State in which the public water system is located has in effect a requirement which is not less stringent than the Federal cross-cutting requirement.''. (e) Definition of Federal Cross-Cutting Requirement.--Section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f) is amended by adding at the end the following new paragraph: ``(17) Federal cross-cutting requirement.--The term `Federal cross-cutting requirement' means a requirement of a Federal law or regulation, compliance with which is a condition on receipt of a loan or grant under this title, that, if applied to projects and activities receiving such financial assistance, would be redundant with a requirement of an applicable State or local law.''. SEC. 3. REPORTS. (a) State Loan Fund Administration and Application Process.-- (1) Review.--The Administrator of the Environmental Protection Agency shall conduct a review on best practices for-- (A) streamlining the application process for public water systems to receive loans or loan guarantees from a State drinking water treatment revolving loan fund; and (B) efficient administration of State drinking water treatment revolving loan funds. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to Congress, and make available to States, a report on the review conducted under paragraph (1), including any recommendations. (b) GAO Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to Congress a report containing-- (1) the results of a study of cost-effective and economically feasible rehabilitation or replacement of drinking water infrastructure to meet the goals of the Safe Drinking Water Act; and (2) an assessment of barriers that preclude communities from using materials and technologies studied pursuant to paragraph (1).

Drinking Water Affordability Act This bill amends the Safe Drinking Water Act to revise requirements concerning national primary drinking water regulations, including by: removing a requirement that the Environmental Protection Agency (EPA) maintain, or provide greater, protection of human health when revising those regulations; extending the repayment schedule for loans from the drinking water state revolving funds (SRFs); authorizing states to protect public drinking water source areas; removing federal reporting requirements if state or local requirements are not less stringent than federal requirements; and requiring the EPA to conduct a review on best practices for streamlining the application process for public water systems to receive loans or loan guarantees from an SRF as well as best practices for administering SRFs efficiently.

Drinking Water Affordability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Contractor Health Insurance Equity Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Contract.--The term ``contract'' means any contract for items or services or any lease of Government property (including any subcontract of such contract or any sublease of such lease)-- (A) the consideration with respect to which is greater than $75,000 per year, ``(B) with respect to a contract for services, requires at least 1000 hours of services, and (B) entered into between any entity or instrumentality of the legislative branch of the Federal Government and any individual or entity employing at least 15 full-time employees. (2) Employee.--The term ``employee'' has the meaning given such term under section 3(6) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(6)). (3) Entity of the legislative branch.--The term ``entity of the legislative branch'' includes the following: (A) The House of Representatives. (B) The Senate. (C) The Capitol Guide Service. (D) The Capitol Police. (E) The Congressional Budget Office. (F) The Office of the Architect of the Capitol. (G) The Office of the Attending Physician. (H) The Office of Compliance. (4) Group health plan.--The term ``group health plan'' means any plan or arrangement which provides, or pays the cost of, health benefits that are actuarially equivalent to the benefits provided under the standard option service benefit plan offered under chapter 89 of title 5, United States Code. (5) Instrumentality of the legislative branch.--The term ``instrumentality of the legislative branch'' means the following: (A) The General Accounting Office. (B) The Government Printing Office. (C) The Library of Congress. SEC. 3. GENERAL REQUIREMENTS CONCERNING CONTRACTS COVERED UNDER THIS ACT. (a) In General.--Any contract made or entered into by any entity or instrumentality of the legislative branch of the Federal Government shall contain provisions that require that-- (1) all persons employed by the contractor in the performance of the contract or at the location of the leasehold be offered health insurance coverage under a group health plan; and (2) with respect to the premiums for such plan with respect to each employee-- (A) the contractor pay a percentage equal to the average Government contribution required under section 8906 of title 5, United States Code, for health insurance coverage provided under chapter 89 of such title; and (B) the employee pay the remainder of such premiums. (b) Option To Purchase.-- (1) In general.--Notwithstanding section 8914 of title 5, United States Code, a contractor to which subsection (a) applies that does not offer health insurance coverage under a group health plan to its employees on the date on which the contract is to take effect, may obtain any health benefits plan offered under chapter 89 of title 5, United States Code, for all persons employed by the contractor in the performance of the contract or at the location of the leasehold. Any contractor that exercises the option to purchase such coverage shall make any Government contributions required for such coverage under section 8906 of title 5, United States Code, with the employee paying the contribution required for such coverage for Federal employees. (2) Calculation of amount of premiums.--Subject to paragraph (3)(B), the Director of the Office of Personnel Management shall calculate the amount of premiums for health benefits plans made available to contractor employees under paragraph (1) separately from Federal employees and annuitants enrolled in such plans. (3) Review by office of personnel management.-- (A) Annual review.--The Director of the Office of Personnel Management shall review at the end of each calendar year whether the nonapplication of paragraph (2) would result in higher adverse selection, risk segmentation in, or a substantial increase in premiums for such health benefits plans. Such review shall include a study by the Director of the health care utilization and risks of contractor employees. The Director shall submit a report to the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate which shall contain the results of such review. (B) Nonapplication of paragraph (2).--Beginning in the calendar year following a certification by the Director of the Office of Personnel Management under subparagraph (A) that the nonapplication of paragraph (2) will not result in higher adverse selection, risk segmentation in, or a substantial increase in premiums for such health benefits plans, paragraph (2) shall not apply. (4) Requirement of opm.--The Director of the Office of Personnel Management shall take such actions as are appropriate to enable a contractor described in paragraph (1) to obtain the health insurance described in such paragraph. (c) Administrative Functions.-- (1) In general.--The office within the entity or instrumentality of the legislative branch of the Federal Government which administers the health benefits plans for Federal employees of such entity or instrumentality shall perform such tasks with respect to plan coverage purchased under subsection (b) by contractors with contracts with such entity or instrumentality. (2) Waiver authority.--Waiver of the requirements of this Act may be made by such office upon application. SEC. 4. EFFECTIVE DATE. (a) In General.--This Act shall apply with respect to contracts executed, modified, or renewed on or after January 1, 1998. (b) Termination.-- (1) In general.--This Act shall not apply on and after October 1, 2002. (2) Transition rule.--In the case of any contract under which, pursuant to this Act, health insurance coverage is provided for calendar year 2002, the contractor and the employees shall, notwithstanding section 3(a)(2), pay 1\1/3\ of the otherwise required monthly premium for such coverage in monthly installments during the period beginning on January 1, 2002, and ending before October 1, 2002.

Congressional Contractor Health Insurance Equity Act - Requires contracts made or entered into by any entity or instrumentality of the legislative branch of the Federal Government to require that employees of certain contractors be offered group health insurance coverage.

Congressional Contractor Health Insurance Equity Act

SECTION 1. EMERGENCY HAZARDOUS FUELS REDUCTION PLAN. (a) In General.--Subject to subsection (c) and notwithstanding the National Environmental Policy Act of 1969, the Secretaries of Agriculture and the Interior shall conduct projects consistent with the Implementation Plan for the 10-year Comprehensive Strategy for a Collaborative Approach for Reducing Wildland Fire Risks to Communities and the Environment, May 2002, developed pursuant to the Conference Report to the Department of the Interior and Related Agencies Appropriations Act, 2001 (House Report 106-646) to reduce hazardous fuels within any areas of Federal land under the jurisdiction of the Secretary of Agriculture or the Secretary of the Interior that are outside of Congressionally designated Wilderness Areas and that the appropriate Secretary determines qualifies as a fire risk condition class three area. Any project carried out under this section shall be consistent with the applicable forest plan, resource management plan, or other applicable agency plans. (b) Priority.--In implementing projects under this section, the Secretaries of Agriculture and the Interior shall give highest priority to-- (1) wildland urban interface areas; (2) municipal watersheds; (3) forested or rangeland areas affected by disease, insect activity, or wind throw; or (4) areas susceptible to a catastrophic reburn. (c) Acreage Limitation.-- (1) In general.--Except as provided in paragraph (2), in implementing this section, the Secretaries of Agriculture and the Interior shall treat an aggregate area of not more than 10,000,000 acres of Federal land. (2) Additional acres.--If the limitation in paragraph (1) is reached, the Secretaries of Agriculture and the Interior may treat additional acres of Federal land that qualifies as fire risk condition class three. (d) Process.--The Secretaries of Agriculture and the Interior shall jointly develop-- (1) notwithstanding the Federal Advisory Committee Act, a collaborative process with interested parties consistent with the Implementation Plan described in subsection (a) for the selection of projects carried out under this section consistent with subsection (b); and (2) in cooperation with the Secretary of Commerce, expedited consultation procedures for threatened or endangered species. (e) Administrative Process.--Projects conducted under this section shall not be subject to-- (1) administrative review by the Department of the Interior Office of Hearings and Appeals; or (2) the Forest Service appeals process and regulations. (f) Judicial Review.-- (1) Review of projects.--Any application for judicial review under this or any other law of a project selected under this section shall-- (A) be filed in the Federal District Court for the district in which the Federal lands are located within 60 days after legal notice of the decision to conduct a project under this section is made to the public in a manner as determined by the appropriate Secretary; (B) be completed not later than 360 days from the date such request for review is filed with the appropriate court unless the District Court determines that a longer time is needed; and (C) not provide for the issuance of a temporary restraining order or a preliminary injunction (2) Process review.--The processes developed under subsection (d) shall not be subject to judicial review. (g) Relation to Other Laws.--The authorities provided to the Secretaries of Agriculture and the Interior in this section are in addition to the authorities provided in any other provision of law, including section 706 of Public Law 107-206 with respect to Beaver Park Area and the Norbeck Wildlife Preserve within the Black Hills National Forest. SEC. 2. STEWARDSHIP CONTRACTING. (a) In General.--The Secretary of Agriculture or the Secretary of the Interior may enter into stewardship contracts with private persons or other public or private entities to perform services to achieve land management goals for the national forests and other Federal lands. (b) Land Management Goals.--The land management goals to be accomplished using a contract under subsection (a) may include-- (1) road and trail maintenance or obliteration to restore or maintain water quality; (2) enhancement, restoration and maintenance of soil productivity, habitat for wildlife and fisheries, or other resource values; (3) use of prescribed fires to improve the composition, structure, condition, and health of forests, woodlands, and rangelands or to improve wildlife habitat; (4) removing vegetation or other activities to promote healthy forest stands, woodlands, and rangelands, to reduce fire hazards, or to achieve other land management objectives; (5) watershed restoration and maintenance; and (6) control of noxious and exotic weeds and reestablishing native plant species. (c) Contracts.-- (1) Award procedures.-- (A) Forest service.--In connection with contracts under subsection (a), for the purposes of meeting the requirement for selling timber or forest products at not less than the appraised value pursuant to section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a), the Secretary of Agriculture may take into account the value the services received from the contractor and may consider the contractor's performance under other public and private contracts and the contractor's ability to meet performance measures and outcomes consistent with the goals of subsection (b) with respect to the contract. (B) Department of the interior.--In connection with contracts under subsection (a), the Secretary of the Interior may award the contract on a best-value basis, including consideration of the contractor's performance under other public and private contracts and the contractor's ability to meet performance measures and outcomes consistent with the goals of subsection (b) with respect to the contract. (2) Multi-year term.--Notwithstanding any other provision of law and subject to any such requirements as the Director of the Office of Management and Budget may prescribe, the term of any contract entered into under subsection (a) may exceed 5 years but may not exceed 10 years. (3) Offsets.-- (A) In general.--The Secretary of Agriculture and Secretary of the Interior may apply the value of the removed timber or forest products, or other vegetative materials, removed as an offset against the cost of services received in connection with contracts under subsection (a). (B) Methods of appraisal.--The value of forest products, other vegetative materials, or timber used as offsets under subparagraph (A) shall, be determined -- (i) using existing agency guidelines commensurate with the quality and quantity of products to be removed; (ii) through a competitive bidding process; or (iii) using a unit of measure appropriate to the contracts. (C) Excess offset value.--If the offset value of the products exceeds the value of the resource improvement treatments, the Secretary of Agriculture and the Secretary of the Interior may collect any excess offset value and apply it as provided in subsection (d). (d) Receipts.-- (1) In general.--The Secretary of Agriculture and the Secretary of the Interior may collect monies from a contract under subsection (a) so long as collection is secondary to the land management goals in subsection (b). (2) Use.--Notwithstanding any other provision of law and subject to any such requirements as the Director of the Office of Management and Budget may prescribe, funds described in paragraph (1) and subsection (c)(3)(C) shall-- (A) be made available to the Secretary that collected the funds without further appropriation and remain available until expended; (B) in the case of funds collected by the Secretary of Agriculture-- (i) be used by the Secretary of Agriculture for activities under a contract authorized by this section; or (ii) deposited into the Knutson-Vandenberg Fund authorized by the Act of June 9, 1930, commonly known as the Knutson-Vandenberg Act (16 U.S.C. 576 et seq.); and (C) in the case of funds collected by the Secretary of the Interior be used by the Secretary of the Interior for activities under a contract authorized by this section. (3) Relation to other laws.--The value of services received by the Secretary of Agriculture and the Secretary of the Interior under a contract authorized by this section and any payments made or resources provided by the contractor or the Secretaries under such a contract shall not be considered to be monies received from the National Forest System or other Federal lands under any other provision of law, including, but not limited to-- (A) the Act of June 9, 1930, commonly known as the Knutson-Vandenberg Act (16 U.S.C. 576 et seq.); (B) section 3 of the Materials Act of 1947 (30 U.S.C. 603); or (C) provisions regarding Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Trust Lands (43 U.S.C. 1181f and 1181f-1; 43 U.S.C. 1735 and 1736a). (e) Costs of Removal.--The Secretary of Agriculture may collect deposits from contractors covering the costs of removal of timber or other forest products pursuant to the Act of August 11, 1916 (16 U.S.C. 490); and the next to the last paragraph under the heading ``Forest Service'' under the heading ``Department of Agriculture'' in the Act of June 30, 1914 (16 U.S.C. 498); notwithstanding the fact that the timber purchasers did not harvest the timber. (f) Performance and Payment Guarantees Under a Service Contract.-- The Secretaries may require performance and payment bonds, in accordance with sections 103-2 and 103-3 of part 28 of the Federal Acquisition Regulation (48 C.F.R. Chapter 1, 28.103-2, 28.103-3), in an amount that the contracting officer considers sufficient to protect the government's interest in the estimated value of the products to be removed under contract under subsection (a). (g) Authorities.--In carrying out this section, the Secretary of Agriculture and the Secretary of the Interior may use existing contracting authorities and procedures or may develop by regulation new authorities and procedures. (h) Reporting Requirements.--To ensure accountability and a full cost accounting of work completed under this authority, the Secretaries shall be required to separately track the full costs of individual contracts and the value of the forest products exchanged for such work. The Secretaries shall report annually to the Congress on-- (1) the status of development, execution, and administration of contracts authorized under subsection (a); (2) the specific accomplishments that have resulted; and (3) the full cost of projects completed under contracts entered into under subsection (a) including a separate accounting of-- (A) the value of services received; (B) payments received from the sale of timber and forest products; and (C) the difference between the payments received for such timber and forest products and the fair market value for such timber and forest products. SEC. 3. REPEAL. Section 322 of the Department of the Interior and Related Agencies Appropriations Act, 1993, Public Law 102-381 (commonly known as the ``Appeals Reform Act''; 16 U.S.C. 1612 note), is repealed. SEC. 4. BALANCE OF SHORT-TERM AND LONG-TERM ENVIRONMENTAL HARMS. (a) Findings.--Congress finds that-- (1) past land management practices, particularly fire suppression, have severely altered many fire-adapted forest and rangeland ecosystems; (2) such severely altered ecosystems are less resilient and more vulnerable to long-term harm by fire, drought, insects, disease, loss of biological diversity, and by exotic or invasive species; (3) such degradation and replacement of native fire-adapted forest and rangeland ecosystems causes irreparable harm to the public interest by increasing risk to public health, safety, property, and diminishing the biological productivity of the land and natural resources of the Nation, including loss of forest and rangeland resources, native species, habitat for threatened and endangered species, recreation opportunities, watershed protection, soils, and the economic and social values that depend upon such resources; (4) mechanical thinning of forests and rangeland, reduction of natural fuels through prescribed fire, and similar land management practices are necessary to restore the diversity and resilience of native fire-adapted forests and rangelands; and (5) the public interest in such restoration, including avoiding irreparable harm to forest and rangeland ecosystems if restorative action is not taken, typically outweighs the short- term effects of restoration projects on the quality of the water, air, soils, and habitat of threatened and endangered species. (b) Standard for Injunctive Relief.--In any action under section 703 of title 5, United States Code or any other law for writs of prohibitory or mandatory injunction against agency action in which the agency has found that such action is necessary to restore fire-adapted forest or rangeland ecosystems, the reviewing court shall consider the public interest in avoiding long-term harm to such ecosystems and shall give deference to any agency finding, based upon information in its administrative record, that the public interest in avoiding the short- term effects of such action is outweighed by the public interest in avoiding long-term harm to such ecosystems.

Directs the Secretaries of Agriculture and of the Interior to conduct projects consistent with the Implementation Plan for the 10-year Comprehensive Strategy for a Collaborative Approach for Reducing Wildland Fire Risks to Communities and the Environment, May 2002, developed to reduce hazardous fuels within any areas of Federal land under the jurisdiction of either Secretary that: (1) are outside of Congressionally designated Wilderness Areas; and (2) the appropriate Secretary determines qualify as a fire risk condition class three area.Permits the Secretaries to enter into stewardship contracts with private persons or other public or private entities to perform services to achieve land management goals for the national forests and other Federal lands. Allows the Secretaries to collect monies from a contract so long as collection is secondary to the land management goals the contract is supposed to accomplish.Amends the Department of the Interior and Related Agencies Appropriations Act, 1993 to repeal the Appeals Reform Act (regarding Forest Service decisionmaking and appeals reform).Provides that in any action under any law for writs of prohibitory or mandatory injunction against agency action in which the agency has found that such action is necessary to restore fire-adapted forest or rangeland ecosystems, the reviewing court shall: (1) consider the public interest in avoiding long-term harm to such ecosystems; and (2) give deference to any agency finding, based upon information in its administrative record, that the public interest in avoiding the short-term effects of such action is outweighed by the public interest in avoiding long-term harm to such ecosystems.

To enhance the authorities of the Secretary of Agriculture and the Secretary of the Interior to reduce catastrophic wildfire threats to communities and the environment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indonesia Military Assistance Accountability Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Political stability and economic growth in Indonesia are important to the national interests of the United States, however, such stability and growth are disrupted by the denial by the Government of Indonesia, including the denial by the armed forces of Indonesia, of-- (A) democratic freedoms, such as meaningful elections, freedom of the press, and freedom of assembly; (B) human rights, such as protection from torture and murder and protection from imprisonment for the nonviolent expression of political views; (C) labor rights; and (D) the rights of citizens to participate in decisions affecting the environment. (2) The Government of Indonesia is in a period of crisis, as illustrated by-- (A) the extensive violations of human rights by the Government of Indonesia documented in the Department of State's Country Reports on Human Rights Practices for 1996; (B) the suppression of peaceful dissent and extreme interference by the government with the media; (C) the deposing of Megawati Sukarnoputri as the head of the Democratic Party of Indonesia (PDI) in 1996; and (D) the rating by Transparency International of the Government of Indonesia as one of the most corrupt governments in the world. (3) The armed forces of Indonesia play a key role in preserving nondemocratic rule in Indonesia by deploying forces at all levels of society to repress peaceful dissent and by participating in nonmilitary economic ventures that are not subject to public scrutiny or reported as sources of income to international financial institutions. (4) The parliamentary elections in Indonesia scheduled for May 1997 may be jeopardized by the actions of the Government of Indonesia, including the actions of the armed forces of Indonesia, because the Government has repeatedly rendered past elections meaningless by denying constitutionally-guaranteed political rights to opposition candidates and their supporters. (5) The Government of Indonesia recognizes only one official trade union, has refused to register independent trade unions such as the Indonesian Prosperous Labor Union (SBSI), has arrested Mukhtar Pakpahan, the General Chairman of the SBSI, on charges of subversion, and has closed the offices and confiscated the materials of the SBSI. (6) Civil society organizations in Indonesia, such as environmental organizations, indigenous organizations, election-monitoring organizations, legal aid organizations, student organizations, trade union organizations, and community organizations, have been harassed by the Government of Indonesia through such means as detentions, interrogations, denial of permission for meetings, banning of publications, repeated orders to report to security forces or judicial courts, and illegal seizure of documents. (7) The armed forces of Indonesia continue to occupy East Timor in violation of two United Nations Security Council resolutions and eight United Nations General Assembly resolutions, and according to the Department of State's Country Reports on Human Rights Practices for 1996, the armed forces continue to carry out torture and killings and other severe violations of human rights in East Timor, and to detain and imprison East Timorese for nonviolent expression of political views. (8)(A) The Nobel Prize Committee has awarded the 1996 Nobel Peace Prize to Bishop Carlos Felipe Ximenes Belo and Jose Ramos Horta for their tireless efforts to find a just and peaceful solution to the conflict in East Timor. (B) Both men are an inspiration for those who desire peace in East Timor. (9) As stated in a citation for the 1996 Nobel Peace Prize, ``it has been estimated that one-third of the population of East Timor has lost their lives due to starvation, epidemics, war, and terror''. (10) The people of East Timor have been forcibly deprived of their right to self-determination by the refusal of the Government of Indonesia to work with the United Nations to resolve the political status of East Timor. (11) In August 1993, the Indonesian military committed to a reduction in the number of combat troops in East Timor. (12) On August 1, 1996, former Secretary of State Warren Christopher stated in testimony before the Committee on Foreign Relations of the Senate, ``I think there's a strong interest in seeing an orderly transition of power there [in Indonesia] that will recognize the pluralism that should exist in a country of that magnitude and importance''. (b) Purpose.--The purpose of this Act is to promote a peaceful transition from nondemocratic to democratic rule in Indonesia by conditioning the provision of United States military assistance to the Government of Indonesia, including the armed forces of Indonesia, on the establishment and implementation of specific democratic reforms. SEC. 3. LIMITATION ON MILITARY ASSISTANCE TO THE GOVERNMENT OF INDONESIA. (a) In General.--United States military assistance and arms transfers may not be provided to the Government of Indonesia for a fiscal year unless the President determines and certifies to the Congress for that fiscal year that the Government of Indonesia meets the following requirements: (1) Free selection of candidates and party leaders; domestic monitoring of elections.-- (A) Free selection of candidates and party leaders.--The Government of Indonesia permits opposition parties, including opposition parties that have collected the appropriate number of signatures of individuals required by the Government in order to have candidates of such parties placed on the ballot for national elections (such as the Democratic Party of Indonesia (PDI)), to freely choose their own party leaders and candidates. (B) Domestic monitoring of elections.--The Government of Indonesia provides official accreditation to independent election-monitoring organizations, including the Independent Election Monitoring Committee (KIPP), to observe national elections without interference by personnel of the Government or of the armed forces. In addition, such organizations are allowed to assess such elections and to publicize or otherwise disseminate the assessments throughout Indonesia. (2) Protection of nongovernmental organizations.--The police or military of Indonesia do not confiscate materials from or otherwise engage in illegal raids on the offices or homes of members of both domestic or international nongovernmental organizations, including indigenous organizations, election-monitoring organizations, legal aid organizations, student organizations, trade union organizations, community organizations, environmental organizations, and religious organizations. (3) Respect for the rule of law.-- (A) Accountability for attack on pdi headquarters.--As recommended by the Government of Indonesia's National Human Rights Commission, the Government of Indonesia has investigated the attack on the headquarters of the Democratic Party of Indonesia (PDI) on July 27, 1996, prosecuted individuals who planned and carried out the attack, and made public the postmortem examination of the five individuals killed in the attack. (B) Release of political prisoners.--The following individuals, detained or imprisoned for the nonviolent expression of political views as part of the crackdown by the Government of Indonesia on July 27, 1996, have been released from custody: (i) Budiman Sudjatmiko. (ii) Mukhtar Pakpahan. (iii) Other individuals detained or imprisoned on subversion charges relating to the crackdown. (4) Resolution of conflict in east timor.-- (A) Establishment of dialogue.--The Government of Indonesia has entered into a process of dialogue, under the auspices of the United Nations, with Portugal and East Timorese leaders of various viewpoints to discuss ideas toward a resolution of the conflict in East Timor and the political status of East Timor. (B) Reduction of troops.--The Government of Indonesia has established and implemented a plan to reduce the number of Indonesian troops in East Timor, as stated by Indonesian Major General Theo Syafei in August 1993. (C) Release of political prisoners.--Individuals detained or imprisoned for the nonviolent expression of political views, including the right of self- determination in East Timor, have been released from custody, including Fernando DeArujo. (D) Religious rights.--The Government of Indonesia-- (i) has prohibited policies and practices of persecution, harassment, detainment, or confinement of individuals in East Timor based on religious grounds; and (ii) has made substantial efforts toward allowing the freedom of religious expression in East Timor. (5) Improvement in labor rights.--The Government of Indonesia has taken the following actions to improve labor rights in Indonesia: (A) The Government has dropped charges of subversion against the General Chairman of the SBSI trade union, Mukhtar Pakpahan, and has released Mukhtar Pakpahan from custody on this charge. (B) The Government has also released from custody trade union activists Dita Indah Sari, Cohen Husein Ponto, and Mohammad Sholeh. (C) The Government has recognized SBSI as a trade union and has restored all confiscated equipment to SBSI. (b) Waivers.-- (1) In general.--The limitation on United States military assistance and arms transfers under subsection (a) shall not apply if the President determines and notifies the Congress that-- (A) an emergency exists that requires providing such assistance or arms transfers for the Government of Indonesia; or (B) subject to paragraph (2), it is in the national security interest of the United States to provide such assistance or arms transfers for the Government of Indonesia. (2) Applicability.--A determination under paragraph (1)(B) shall not become effective until 15 days after the date on which the President notifies the Congress in accordance with such paragraph. (c) Effective Date.--The limitation on United States military assistance and arms transfers under subsection (a) shall apply only with respect to assistance provided for, and arms transfers made pursuant to agreements entered into, fiscal years beginning after the date of the enactment of this Act. SEC. 4. UNITED STATES MILITARY ASSISTANCE AND ARMS TRANSFERS DEFINED. As used in this Act, the term ``United States military assistance and arms transfers'' means-- (1) assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to military assistance), including the transfer of excess defense articles under section 516 of that Act; (2) assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training or ``IMET''), except that such term shall not include military education and training for civilian personnel under section 541 of such Act (commonly referred to as ``Expanded IMET'') that-- (A) promotes dialogue between civilians and military officers of the armed forces of Indonesia on the proper role of the armed forces in a democratic society; or (B) provides for training of civilian officials and military officers of the armed forces of Indonesia on military justice and international human rights standards; or (3) the transfer of defense articles, defense services, or design and construction services under the Arms Export Control Act, excluding-- (A) any transfer or other assistance under section 23 of that Act; or (B) defense articles and defense services licensed or approved for export under section 38 of that Act.

Indonesia Military Assistance Accountability Act - Prohibits U.S. military assistance and arms transfers to the Government of Indonesia unless the President certifies to the Congress that the Government of Indonesia: (1) permits opposition parties to freely choose their own party leaders and candidates; (2) provides for independent election- monitoring organizations to observe national elections without interference by Government or armed forces personnel; (3) provides protection for both domestic and international nongovernmental organizations; (4) has investigated the attack on the headquarters of the Democratic Party of Indonesia on July 26, 1996, and prosecuted those responsible for such attack; (5) has released specified political prisoners; (6) has entered into discussions toward resolution of the conflict in East Timor; and (7) has taken actions to improve labor rights there. Waives such limitations if the President determines and notifies the Congress that: (1) an emergency exists requiring such assistance or arms transfers; or (2) it is in the national security interest of the United States.

Indonesia Military Assistance Accountability Act

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Landless Native Land Allocation Act of 1994''. SEC. 2. FINDINGS AND PURPOSE. (a) In General.--Congress finds the following: (1) In 1971, Congress enacted the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) (referred to in this section as the ``Act'') to recognize and settle the aboriginal claims of Alaska Natives to the lands Alaska Natives had used for traditional purposes. (2) The Act awarded approximately $1,000,000,000 and 44,000,000 acres of land to Alaska Natives and provided for the establishment of Native corporations to receive and manage such funds and land. (3) Pursuant to the Act, Alaska Natives have been enrolled in one of thirteen Regional Corporations. (4) Most Alaska Natives reside in communities that are eligible to form a Village or Urban Corporation under the Act within the geographical area of a Regional Corporation. (5) Village or Urban Corporations established pursuant to the Act received cash and surface rights to the settlement land described in paragraph (2), and the corresponding Regional Corporation received cash and land which includes the subsurface rights to the land of the Village or Urban Corporation. (6) The southeastern Alaska communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell are not listed under the Act as communities eligible to form Village or Urban Corporations, even though the population of such villages comprises greater than 20 percent of the shareholders of the Regional Corporation of southeastern Alaska and display historic, cultural and traditional qualities of Alaska Natives. (7) The five communities described in paragraph (6) have sought full eligibility for lands and benefits under the Act for more than two decades. (8) In 1993, Congress directed the Secretary of the Interior to prepare a report examining the reasons why the communities listed in paragraph (6) had been denied eligibility to form Village or Urban Corporations under the Act and receive land and benefits pursuant to the Act. (9) The report described in paragraph (8), published in February, 1994, indicates that-- (A) the five communities listed in paragraph (6) do not differ significantly from the southeast Alaska communities that were permitted to form Village or Urban Corporations under the Act; (B) such communities are similar to other communities that are eligible to form Village or Urban Corporations under the Act and receive lands and benefits under the Act-- (i) in actual number and percentage of Native Alaskan population; and (ii) with respect to the historic use and occupation of land; (C) each such community was involved in advocating the settlement of the aboriginal claims of the community; and (D) some of the communities appeared on early versions of lists of Native villages prepared before the date of enactment of the Act, but were not included as Native villages in the Act. (10) The omissions described in paragraph (9)(D) are not clearly explained in any provision of the Act or the legislative history of the Act. (11) On the basis of the findings described in paragraphs (1) through (10), Alaska Natives who were enrolled in the five unlisted communities and their heirs have been inadvertently and wrongly denied the financial and cultural benefits of enrollment in a Village or Urban Corporation established pursuant to such Act. (b) Purpose.--The purpose of this Act is to redress the omission of the five communities described in subsection (a)(6) from eligibility-- (1) to form Village or Urban Corporations under the Act; and (2) to receive certain settlement lands pursuant to the Act. SEC. 3. LAND ENTITLEMENT. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following new section: ``SEC. 40. LANDLESS NATIVES LAND ALLOCATION. ``(a) Definitions.--As used in this section: ``(1) Adequate and feasible access.--The term `adequate and feasible access' includes-- ``(A) direct access to lands conveyed to a Landless Village Corporation pursuant to this section from the nearest body of navigable salt water if such lands are effectively blocked by National Forest System lands or the existence of one or more conservation system units, national recreation areas, national conservation areas, or public lands designated as wilderness study areas or managed to maintain the wilderness character or potential wilderness character of the land; and, ``(B) access to and use of roads, log transfer facilities and other infrastructure features of the United States Forest Service. ``(2) Landless village corporation.--The term `Landless Village Corporation' means any of the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, that-- ``(A) has incorporated under applicable laws of the State of Alaska; and ``(B) has, pursuant to subsection (b), organized as a Village Corporation in accordance with section 8. ``(3) Regional corporation of southeastern alaska.--The term `Regional Corporation of southeastern Alaska' means the Regional Corporation described in section 7(a)(10). ``(4) Unprocessed timber.--The term `unprocessed timber' means any tree, or portion of a tree, or other roundwood that is not processed in accordance with standards and specifications suitable for end product use. ``(b) Status of Certain Communities as Native Villages.--Each of the Native communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, shall be considered a Native village that is eligible to receive land and benefits under this Act (including funds distributed under section 7) and each such community may organize as a Village Corporation pursuant to section 8. ``(c) Enrollment.-- ``(1) In general.--Unless specifically notified otherwise, the Secretary shall enroll as a member of a Landless Village Corporation each Native member of the community that organizes as such Landless Village Corporation. ``(2) Shares for certain native members who were enrolled in the regional corporation of southeastern alaska.--Each Native member of a community described in subsection (b) who-- ``(A) is enrolled in a Landless Village Corporation pursuant to paragraph (1), and ``(B) on or before March 30, 1973, was enrolled as a shareholder of the Regional Corporation of southeastern Alaska, shall receive 100 shares of Settlement Common Stock in the Landless Village Corporation. ``(3) Certain other natives.--Each Native member of a community described in subsection (b) who-- ``(A) is not a shareholder described in paragraph (2)(B), but ``(B) received, by means of inheritance or gift, shares of stock in the Regional Corporation of southeastern Alaska that originally belonged to a Native who, on or before March 30, 1973, was enrolled as a shareholder of the Regional Corporation of southeastern Alaska, and, if alive, would be enrolled in a Landless Village Corporation pursuant to paragraph (1), shall receive a number of shares of Settlement Common Stock in the appropriate Landless Village Corporation equal to the number of shares of stock of such Regional Corporation that the Native inherited or received by gift pursuant to subparagraph (B). ``(d) Land Withdrawal, Selection, and Conveyance.-- ``(1) In general.--The Secretary is authorized and directed to withdraw from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, all eligible public lands described in paragraph (3). During the 5- year period beginning on the date of the withdrawal, each Landless Village Corporation shall nominate for selection public lands for conveyance to the Landless Village Corporation pursuant to this section. ``(2) Withdrawal.--The withdrawal of land described in paragraph (1) shall not be made, or deemed to have been made, in accordance with or subject to sections 11, 14, or 16. Such withdrawal shall be considered to be a separate withdrawal authorized and directed by this subsection. The Secretary shall make the withdrawal not later than 60 days after the date of enactment of this section. The lands shall, subject to such withdrawal, remain withdrawn until all selection and conveyances are completed pursuant to this section. ``(3) Public lands eligible for selection.--Subject to paragraph (4), the public lands eligible for selection for conveyance to a Landless Village Corporation pursuant to this Act shall be the lands located within the Regional Corporation of southeastern Alaska, except that such public lands shall not include lands-- ``(A) within a conservation system unit described in section 101 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101); ``(B) within the timber base described in the 1979 Tongass National Forest Land Management Plan; ``(C) withdrawn or reserved for national defense purposes; or ``(D) selected by a Regional, Village, or Urban Corporation pursuant to this Act and the State of Alaska under the Act commonly known as the `Alaska Statehood Act' (48 U.S.C. note prec. 21). ``(4) Valid existing rights.--The lands selected for conveyance to a Landless Village Corporation pursuant to this Act, shall be subject to valid and existing rights and the patent rights described in section 14(g). ``(5) Acreage.--The quantity of acreage of public lands that may be selected for a Landless Village Corporation on the basis of nominations made by the Landless Village Corporation pursuant to this subsection shall be-- ``(A) based on the number of Natives enrolled in the Landless Village Corporation; and ``(B) determined in accordance with the table contained in section 14(a), except that the date of establishment of the Landless Village Corporation shall be substituted for the date specified in such table. ``(6) Review of nominated selections.--(A) The Secretary, in consultation with the Secretary of Agriculture, shall review the nominations for selection of public lands made by a Landless Village Corporation pursuant to this subsection to determine whether any conflict exists between the nominations of the Landless Village Corporation and any other nominations or selections made by any other Landless Village Corporation or entity. ``(B) Except with respect to nominations for selections of public lands made pursuant to this subsection by the Landless Village Corporation of the community of Ketchikan, Alaska, any conflict between the nominations for selection of public lands made by a Landless Village Corporation pursuant to this subsection and the nominations made by another Landless Village Corporation pursuant to this subsection shall be resolved by the Secretary in favor of the Landless Village Corporation that is located closest to the lands that are the subject of the conflict. ``(7) Conveyance of lands.--Immediately after the review of each nomination for a selection made by a Landless Village Corporation and the resolution of any conflicts described in paragraph (6) carried out pursuant to this subsection, the Secretary shall select and convey, subject to the terms and conditions specified in this section-- ``(A) to the Landless Village Corporation that makes the nomination for the selection, a patent to the surface estate in the lands nominated for selection by the Landless Village Corporation; and ``(B) to the Regional Corporation of southeastern Alaska, a patent to the subsurface estates of the lands. ``(e) Access to Conveyed Lands.-- ``(1) In general.--The Secretary of Agriculture or the head of an appropriate Federal agency shall take such actions as may be necessary to ensure that each Landless Village Corporation and its assigns have such rights as may be necessary to ensure adequate and feasible access to the lands conveyed to the Landless Village Corporation pursuant to this section for economic, cultural, and traditional purposes. ``(2) Permit applications.--In carrying out this subsection, the appropriate head of a Federal agency shall grant, in a reasonable and timely manner, any permit application submitted to the agency head relating to access to and from lands conveyed to a Landless Village Corporation pursuant to this section. ``(3) National environmental policy act exemption.-- Notwithstanding any other provision of law, the construction of a road or other infrastructure project or any related activity to provide adequate and feasible access to lands conveyed to a Landless Village Corporation pursuant to this section that is carried out by the head of a Federal agency or any other person or entity shall not constitute a major Federal action for the purposes of section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) and shall not be subject to any requirement under such Act relating to an environmental assessment or environmental impact statement. ``(f) Grants.-- ``(1) In general.--The Secretary is authorized to award a grant in an amount equal to $250,000 to each Landless Village Corporation that submits an application to the Secretary that is approved by the Secretary. If an application submitted to the Secretary pursuant to this paragraph specifies that the Landless Village Corporation will use the grant award in accordance with this subsection, the Secretary shall approve the application in a reasonable and timely manner. ``(2) Purpose of grant.--A grant awarded under this subsection may only be used for planning, development, or any other purpose for which the Landless Corporation that is the recipient of the grant has been organized under section 8. ``(g) Prohibition on Export of Unprocessed Timber.-- ``(1) In general.--Except as provided in paragraph (2), notwithstanding any other provision of law, the lands conveyed by the Federal Government pursuant to this section shall be conveyed on the condition that unprocessed timber from such lands may not be exported from the southeast region of Alaska served by the Regional Corporation of southeastern Alaska. ``(2) Exemptions.--(A) The prohibition contained in paragraph (1) shall not apply to those grades of unprocessed red and yellow cedar timber that the Secretary of Agriculture determines to be surplus to the needs and demands of manufacturing facilities in the region described in such paragraph. ``(B) Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary of Agriculture, in consultation with the Secretary of Commerce and after providing public notice and an opportunity for comment, shall make a determination under subparagraph (A) concerning which grades of unprocessed cedar timber described in such subparagraph constitute timber that is surplus to the needs and demands of manufacturing facilities. ``(3) Penalty.--If the Secretary of Commerce finds, on the record and after an opportunity for a hearing, that a person, with willful disregard for the prohibition contained in this section against exporting unprocessed timber, exported or caused to be exported unprocessed timber originating from lands conveyed pursuant this section, the Secretary may assess against such person a civil penalty of not more than 2 times the gross value of the unprocessed timber involved in the violation. ``(h) Statutory Construction.--To the extent that there is any conflict between this section and any other provision of this Act or any other Federal law, this section shall govern.''. S 2539 IS----2

Landless Native Land Allocation Act of 1994 - Amends the Alaska Native Claims Settlement Act to settle certain claims for five Alaska Native communities.

Landless Native Land Allocation Act of 1994

SECTION 1. ESTABLISHMENT OF COMMISSION. There is established an independent commission, which shall be known as the ``Commission to End Russian Interference in United States Elections'' (referred to in this Act as the ``Commission''). SEC. 2. FUNCTIONS. The Commission shall-- (1) comprehensively examine the facts regarding the extent of Russian official and unofficial cyber operations and other attempts to interfere in the 2016 United States national election; (2) examine attempts by the Russian Government, persons or entities associated with the Russian Government, or other persons or entities within Russia to use cyber-enabled means to access, alter, or otherwise tamper with-- (A) United States electronic voting systems; (B) United States voter roll information; (C) the Democratic National Committee; (D) the Democratic Congressional Campaign Committee; (E) the Democratic Governors Association; (F) the Republican National Committee; (G) the Republican Congressional Campaign Committee; (H) the Republican Governors Association; (I) Donald J. Trump for President, Inc.; and (J) Hillary for America (the Hillary Clinton Presidential campaign); (3) examine efforts by the Russian Government, persons or entities associated with the Russian Government, or persons or entities within Russia to generate, put forward, disseminate, or promote propaganda relevant to any election for public office held in the United States during 2016; (4) examine efforts by the Russian Government to collaborate with other governments, entities, or individuals to carry out activities described in paragraphs (2) and (3); (5) examine attempts or activities by governments, persons associated with a government, entities, and individuals other than those described in paragraph (3) to use electronic means to influence, interfere with, or sow distrust in elections for public office held in the United States during 2016; (6) ascertain, evaluate, and report on the evidence developed by all relevant government agencies, including the Department of State, the Office of the Director for National Intelligence, the Central Intelligence Agency, the National Security Agency, the Department of Homeland Security, the Federal Bureau of Investigation, the Department of Defense, and State election commissions, regarding the facts and circumstances surrounding Russia's interference with elections for public office held in the United States during 2016; (7) review and build upon the findings of completed or ongoing efforts to the investigate such Russian interference, including investigations or inquires conducted by-- (A) the Administration of President Barack Obama; (B) the Select Committee on Intelligence of the Senate; (C) the Committee on Armed Services of the Senate; (D) the Committee on Foreign Relations of the Senate; and (E) other executive branch, congressional, or independent entities; (8) make a full accounting of-- (A) the circumstances surrounding official and unofficial attempts to interfere in the 2016 United States election, including through cyber operations and the promotion of propaganda or other disinformation; (B) the level of preparedness of Federal, State, and local governments to defend against such interference; and (C) the United States response to such interference; and (9) submit a report to the President and Congress, in accordance with section 9, on the findings, conclusions, and recommendations of the Commission on preventing the reoccurrence of such interference. SEC. 3. COMPOSITION. (a) Appointments.-- (1) In general.--The Commission shall be composed of eight members, of which-- (A) two shall be appointed by the majority leader of the Senate; (B) two shall be appointed by the minority leader of the Senate; (C) two shall be appointed by the Speaker of the House of Representatives; and (D) two shall be appointed by the minority leader of the House of Representatives. (2) Deadline for appointment.--Each initial member of the Commission shall be appointed not later than 30 days after the date of the enactment of this Act. (3) Period of appointment.--Each member of the Commission shall be appointed for the life of the Commission. (b) Qualifications.-- (1) Political party affiliation.--Not more than 4 members of the Commission may be members of the same political party. (2) Nongovernmental appointees.--None of the members of the Commission may be a Member of Congress (including a Delegate or Resident Commissioner to Congress), an officer or employee of the Federal Government, or an officer or employee of any State or local government. (3) Other qualifications.--It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in professions such as governmental service, law enforcement, armed services, law, public administration, intelligence gathering, cybersecurity, election administration, and foreign affairs. (c) Initial Meeting; Selection of Chairperson.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Commission shall hold an initial meeting to develop and implement a schedule for completing the review and report required under section 2(9). (2) Chairperson; vice-chairperson.--At the initial meeting of the Commission, the Commission shall select a Chairperson and a Vice-Chairperson from among its members. The Chairperson and Vice-Chairperson may not be members of the same political party. (d) Quorum; Vacancies.-- (1) Quorum.--Six members of the Commission shall constitute a quorum. (2) Vacancies.--Any vacancy in the Commission shall not affect the power and duties of the Commission and shall be filled in accordance with subsection (a) not later than 90 days after the occurrence of such vacancy. SEC. 4. POWERS OF THE COMMISSION. (a) In General.-- (1) Meetings.--After its initial meeting under section 3(c)(1), the Commission shall meet upon the call of the Chairperson or a majority of its members. (2) Hearings and evidence.--The Commission may-- (A) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, including classified testimony, evidence, and information, and administer such oaths as may be necessary to carry out its functions under section 2; and (B) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, including classified materials, as the Commission or such designated subcommittee or designated member may determine advisable to carry out such functions. (3) Subpoenas.-- (A) Issuance.-- (i) In general.--A subpoena may be issued under this subsection only by the agreement of the Chairperson and the Vice-Chairperson or by the affirmative vote of 5 members of the Commission. (ii) Signature.--Subpoenas issued under this subsection-- (I) may be issued under the signature of the Chairperson or any member designated by a majority of the Commission; and (II) may be served by any person designated by the Chairperson 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.--If any witness fails to comply with any subpoena issued under this subsection 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). (b) Information From Federal Agencies.-- (1) In general.--All Federal departments and agencies shall, in accordance with applicable procedures for the appropriate handling of classified information, provide reasonable access to documents, statistical data, and other such information that the Commission determines necessary to carry out its functions under section 2. (2) Obtaining information.--The Chairperson of the Commission shall submit a written request, as necessary, to the head of an agency described in paragraph (1) for access to documents, statistical data, and other information described in such paragraph that is under the control of such agency. (3) Receipt, handling, storage, and dissemination.-- Information described in paragraph (1) may only be received, handled, stored and disseminated by members of the Commission and its staff in accordance with all applicable statutes, regulations, and Executive orders. (c) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall make office space available for the day- to-day activities of the Commission and for scheduled meetings of the Commission. Upon request, the Administrator shall provide, on a reimbursable basis, such administrative support as the Commission requests to fulfill its duties. (2) Other departments and agencies.--In addition to the assistance required under paragraph (1), other Federal departments and agencies may provide to the Commission such services, funds, facilities, staff, and other support services as the heads of such entities determine advisable in accordance with applicable law. (d) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal departments and agencies. (e) Authority To Contract.-- (1) In general.--Subject to subtitle I of title 40, United States Code, and division C of subtitle I of title 41, United States Code (formerly collectively known as the ``Federal Property and Administrative Services Act of 1949''), the Commission is authorized to enter into contracts with Federal and State agencies, private firms, institutions, and individuals for the conduct of activities necessary to the discharge of its duties under section 2. (2) Termination.--Any contract, lease, or other legal agreement entered into by the Commission under this subsection may not extend beyond the date specified in section 10. SEC. 5. STAFF OF THE COMMISSION. (a) Director.--The Commission shall have a Director, who shall be-- (1) appointed by a majority vote of the Commission; and (2) paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule. (b) Staff.-- (1) In general.--With the approval of the Commission, the Director may appoint such personnel as the Director determines to be appropriate. Such personnel shall be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule, as set forth in section 5315 of title 5, United States Code. (2) Additional staff.--The Commission may appoint and fix the compensation of such other personnel as may be necessary to enable the Commission to carry out its duties, 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 to a person occupying a position at level V of the Executive Schedule, as set forth in section 5316 of such title. (c) Experts and Consultants.--With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates not to exceed the rate of basic pay for level IV of the Executive Schedule. (d) Detailees.--Upon the request of the Commission, any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, civil service status, and privileges of his or her regular employment without interruption. SEC. 6. 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 9. (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 under any applicable statute, regulation, or Executive order. SEC. 7. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Members of the Commission-- (1) shall not be considered to be Federal employees for any purpose by reason of service on the Commission; and (2) shall serve without pay. (b) Travel Expenses.--While away from their homes or regular places of business in performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal agencies or departments shall cooperate with the Commission to expeditiously provide, to the extent possible, appropriate security clearances to Commission members and staff in accordance with existing procedures and requirements, except that no person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 9. REPORT. (a) In General.--Not later than 18 months after the first meeting of the Commission, the Commission shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Government Reform of the House of Representatives, the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives. The report shall include-- (1) a detailed statement of the recommendations, findings, and conclusions of the Commission under section 2; and (2) summaries of the input and recommendations of the leaders and organizations with which the Commission consulted. (b) Public Availability.--The report required under subsection (a) shall be submitted in an unclassified form, which shall be made available to the public, but may include a classified annex. SEC. 10. TERMINATION. The Commission shall terminate on the date that is 60 days after the date on which the Commission submits its report to Congress pursuant to section 9.

This bill establishes the Commission to End Russian Interference in United States Elections as an independent commission to examine Russian cyber operations and attempts to interfere in the 2016 U.S. national election. The commission must examine attempts by the Russian government, governments or other entities associated with or collaborating with Russia, or persons or entities in Russia to: access, alter, or tamper with voting systems, voter roll information, the Donald J. Trump and the Hillary Clinton presidential campaign organizations, and the Democratic and the Republican national committees, congressional campaign committees, and governors associations; promote propaganda relevant to any election for public office held in the United States during 2016; and use electronic means to influence, interfere with, or sow distrust in such elections. The commission must: (1) report on evidence developed by federal agencies; (2) build upon investigations of executive branch, congressional, or independent entities; and (3) make a full accounting of interference attempts and the U.S. response, and government preparedness, to defend against such interference. The commission may receive classified information and issue subpoenas. The commission must report to the President and Congress with conclusions and recommendations on preventing a reoccurrence of such interference.

A bill to establish an independent commission to examine and report on the facts regarding the extent of Russian official and unofficial cyber operations and other attempts to interfere in the 2016 United States national election, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ready To Educate All Children Act of 2002''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) An estimated 2,000,000 new teachers will be needed over the next decade. (2) Under the No Child Left Behind Act of 2001, States must recruit highly qualified teachers by 2006, yet schools in rural areas and high poverty schools have trouble attracting and retaining such teachers. (3) A 2000 study by the Education Trust reports that high poverty schools are twice as likely not to have teachers certified in the fields in which they teach as schools that are not high poverty schools, which highlights that high poverty schools will need special help to meet the goals of the No Child Left Behind Act of 2001. (4) If the Nation is to improve student achievement and success in school, the United States must encourage and support the training and development of our Nation's teachers, who are the single most important in-school influence on student learning. (5) A majority of graduates of schools of education believe that traditional teacher preparation programs left them ill prepared for the challenges and rigors of the classroom. (6) Fewer than 36 percent of new teachers feel very well prepared to implement curriculum and performance standards. (7) Highly qualified teachers are more effective in impacting student academic achievement because such teachers have high verbal abilities, high content knowledge, and an enhanced ability to know how to teach the content using appropriate pedagogical strategies. (8) The difference in annual student achievement growth between having an effective and ineffective teacher can be more than 1 grade level of achievement in academic performance. (9) Studies have consistently documented the important connection between a teacher's verbal and cognitive abilities and student achievement. (10) Research has shown that there is a positive effect on student achievement when students are taught by teachers with a strong subject-matter background. (b) Purpose.--It is the purpose of this Act to provide grants to teacher preparation programs to better prepare teachers to educate all children. SEC. 3. DEFINITIONS. In this Act: (1) Beginning teacher.--The term ``beginning teacher'' means a highly qualified teacher who has taught for not more than 3 years. (2) Core academic subjects.--The term ``core academic subjects'' means-- (A) mathematics; (B) science; (C) reading (or language arts) and English; (D) social studies, including history, civics, political science, government, geography, and economics; (E) foreign languages; and (F) fine arts, including music, dance, drama, and the visual arts. (3) High poverty local educational agency.--The term ``high poverty local educational agency'' means a local educational agency for which the number of children who are served by the agency, aged 5 though 17, and from families with incomes below the poverty line-- (A) is not less than 40 percent of the number of all children served by the agency; or (B) is more than 15,000. (4) High poverty school.--The term ``high poverty school'' means an elementary school or secondary school that serves a high number or percentage of children from families with incomes below the poverty line. (5) Highly qualified.--The term ``highly qualified'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) Institution of higher education.--The term ``institution of higher education''-- (A) has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); and (B) if such an institution prepares teachers and receives Federal funds, means such an institution that-- (i) is in full compliance with the requirements of section 207 of the Higher Education Act of 1965 (20 U.S.C. 1027); and (ii) does not have a teacher preparation program identified by a State as low- performing. (7) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (8) Local partner.--The term ``local partner'' means a high poverty local educational agency or a high poverty school. (9) Mentoring.--The term ``mentoring'' means activities that consist of structured guidance and regular and ongoing support for beginning teachers. (10) Secretary.--The term ``Secretary'' means the Secretary of Education. (11) State.--The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. SEC. 4. GRANT PROGRAM. (a) In General.--The Secretary is authorized to award grants on a competitive basis to institutions of higher education to establish a partnership with a local partner to-- (1) establish a clinically-based elementary school or secondary school teacher training program; or (2) enhance such institution's clinically-based elementary school or secondary school teacher training program. (b) Application.-- (1) In general.--An institution of higher education that desires to receive a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Development.--The institution of higher education shall develop the application in collaboration with 1 or more local partners. (3) Contents.--Each application submitted pursuant to paragraph (1) shall include-- (A) a description of any shortages in the State, where the institution of higher education is located, of highly qualified teachers in high poverty schools in core academic subjects; (B) an assessment of the needs of beginning teachers in high poverty schools to be effective in the classroom that is-- (i) developed with the involvement of the local partner; and (ii) based on-- (I) student achievement data in core academic subjects; and (II) other indicators of the need to fully prepare beginning teachers; (C) a description of how the institution of higher education will use funds made available pursuant to a grant awarded under this Act to-- (i) improve the quality of the teaching force; and (ii) decrease the use of out-of-field placement of teachers; (D) a description of how the institution of higher education will align activities assisted under this Act with challenging State academic content standards and student academic achievement standards, and State assessments, by setting numerical, annual improvement goals; (E) a plan, developed with the extensive participation of the local partner, for addressing long-term teacher recruitment, retention, professional development, and mentoring needs; (F) a description of how the institution of higher education will assist local educational agencies in implementing effective and sustained mentoring and other professional development activities for beginning teachers; (G) a description of how the institution of higher education will work with individuals who successfully complete a teacher education program to become certified or licensed; and (H) a description of how the institution of higher education will prepare teachers to succeed in the classroom. (c) Approval.-- (1) In general.--The Secretary shall approve an application submitted pursuant to subsection (a) if the application meets the requirements of this section and holds reasonable promise of achieving the purpose of this Act. (2) Equitable distribution.--To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this section among the regions of the United States. (3) Duration of grants.--The Secretary is authorized to make grants under this section for a period of 5 years. At the end of the 5-year period, the grant recipient may apply for an additional grant under this section. (d) Uses of Funds.-- (1) Mandatory uses.--An institution of higher education that receives a grant under this section shall use the grant funds to-- (A) establish a partnership with a local partner to establish, or enhance an existing, clinically-based elementary school or secondary school teacher training program to better train teachers for challenges in the classroom; (B) facilitate a partnership among departments of the institution to ensure that future teachers are prepared to teach; and (C) implement a project-based assessment that facilitates the program evaluation developed under subsection (f) and that assesses the impact of the activities undertaken with grant funds awarded under this Act on achieving the purpose of this Act, as well as on institutional policies and practices. (2) Additional activities.--An institution of higher education that receives a grant under this section shall use the grant funds for not less than 3 of the following activities: (A) The enhancement of high caliber teaching, including-- (i) enabling faculty to spend additional time in smaller class settings teaching students pursuing teaching degrees; (ii) providing-- (I) summer school teaching opportunities for students pursuing teaching degrees; (II) additional salary for faculty members who serve as advisors to students pursuing teaching degrees; or (III) stipends for students pursuing teaching degrees. (B) Opportunities to develop new pedagogical approaches to teaching, including a focus on content knowledge in academic areas such as mathematics, science, foreign language development, history, political science, and special education. (C) Creation of multidisciplinary courses or programs that formalize collaborations for the purpose of improved student instruction. (D) Expansion of innovative mentoring or tutoring programs proven to enhance recruitment of students pursuing teaching degrees or persistence in obtaining a teaching degree. (E) Improvement of undergraduate science, mathematics, engineering, and technology education for nonmajors, including teacher education majors. (e) Matching Funds.--Each institution of higher education that receives a grant under this section shall demonstrate a financial commitment to such institution's school of education by contributing, either directly or through private contributions, non-Federal matching funds equal to 20 percent of the amount of the grant. (f) Assessment, Evaluation, and Dissemination of Information.-- (1) Program evaluation.--Not later than 180 days after the date of enactment of this Act, the Secretary shall award not less than 1 grant or contract to an independent evaluative organization to-- (A) develop metrics for measuring the impact of the activities authorized under this section on-- (i) the number of students enrolled in education classes; (ii) academic achievement of students pursuing teaching degrees, including quantifiable measurements of students' mastery of content and skills; (iii) persistence in completing a teaching degree, including students who transfer from departments of education to programs in other academic disciplines; and (iv) placement during the 2 years after degree completion in public schools and an evaluation of the teachers' performance; (B) conduct an evaluation of the impacts of the activities authorized under this section, including a comparison of the funded projects to identify best practices with respect to achieving the purpose of this Act. (2) Dissemination of information.--The Secretary shall disseminate, biannually, information on the activities and the results of the projects assisted under this section, including best practices, to institutions of higher education that receive a grant under this section and other interested institutions of higher education. (g) Student Loan Eligibility.--Notwithstanding any other provision of law, a student who participates in a clinically-based teacher training program funded under this Act shall be eligible for student assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) during such student's fifth year of a program of study for obtaining a teaching degree, if the fifth year of the program of study is required under such clinically-based program in order for students to obtain the teaching degree. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $200,000,000 for each of fiscal years 2004 through 2009.

Ready to Educate All Children Act of 2002 - Authorizes the Secretary of Education to award competitive matching grants to institutions of higher education (IHEs) to establish partnerships with high poverty local educational agencies or high poverty schools (local partners) to establish or enhance a clinically-based elementary or secondary school teacher training program.Requires an IHE receiving such a grant to: (1) establish a partnership with a local partner to establish or enhance such a program; (2) facilitate a partnership among the IHE's departments to ensure that future teachers are prepared to teach; and (3) implement a project-based assessment. Requires such IHE also to use grant funds for at least three activities listed.Makes a student who participates in a program funded under this Act eligible for student assistance under title IV of the Higher Education Act of 1965 during the student's fifth year of study for a teaching degree (if such clinically-based program is a teaching-degree study requirement).

A bill to establish a grant program to enable institutions of higher education to improve schools of education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Contact Lens Prescription Release Act of 2002''. SEC. 2. PRESCRIPTIONS FOR CONTACT LENSES. (a) Availability of Contact Lens Prescription Information.--No later than 9 months after the date of enactment of this Act, the Federal Trade Commission shall promulgate a rule under section 553 of title 5, United States Code, to require that a prescriber shall, upon completion of the contact lens fitting process for a patient-- (1) provide to the patient a copy of the prescriber's prescription for contact lenses, regardless of whether or not the patient requests such a copy; and (2) upon request of the patient or an agent of the patient-- (A) provide a copy of such a prescription to the patient or an agent of the patient; or (B) promptly verify to an agent of the patient, including by electronic means, the information contained in such a prescription. (b) Expiration of Prescription.--The rule promulgated under subsection (a) shall also provide that any contact lens prescription shall expire-- (1) except as provided in paragraph (2), on the later of-- (A) the date, if any, provided by the laws of the State that issued the license under the authority of which the prescription is issued; or (B) a date that shall be prescribed by the Commission in the rule; or (2) on any expiration date specified by the prescriber that is different than the date that applies under paragraph (1) and that is based on the medical judgment of the prescriber with respect to the patient's ocular health. (c) Violations.--Any violation of a rule promulgated under this section shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. SEC. 3. REQUIREMENTS APPLICABLE TO INDUSTRY MEMBERS. (a) Content of Advertisements and Sales Presentations.--No later than 9 months after the date of enactment of this Act, the Federal Trade Commission shall promulgate a rule under section 553 of title 5, United States Code, to make it an unfair or deceptive act or practice for any industry member to publish, or cause to be published, any advertisement or sales presentation relating to contact lenses that represents, directly or by implication, that contact lenses may be obtained without a valid prescription. (b) Prescription Requirement.-- (1) In general.--The rule promulgated under this section shall-- (A) prohibit selling contact lenses to a consumer unless the seller-- (i) obtains a copy of an unexpired prescription; or (ii) verifies the prescription in accordance with paragraph (2); and (B) require a seller of contact lenses to-- (i) record notifications made pursuant to paragraph (2)(B) and the responses to such notifications; and (ii) preserve such records for a period of time prescribed by the Commission. (2) Prescription verification.--The rule promulgated under this section shall provide that a prescription shall be considered verified for purposes of paragraph (1)(A) if the seller-- (A) notifies the prescriber that the patient or an agent of the patient seeks contact lenses from the seller; and (B) gives the prescriber a sufficient opportunity (as prescribed in the rule) to correct any errors in the prescription. (c) Violations.--Any violation of a rule promulgated under this section shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. SEC. 4. EFFECT ON STATE LAW. This Act and the regulations issued under this Act shall not affect any State law that regulates who is authorized to fit contact lenses. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Completion of the contact lens fitting process.--The term ``completion of the contact lens fitting process'' means completion of the process that-- (A) begins after the initial eye examination; (B) includes-- (i) an examination to determine what the lens specifications should be; (ii) except in the case of a renewal of a prescription, an initial evaluation of the fit of the lens on the patient's eye; and (iii) followup examinations that are medically necessary; and (C) ends when-- (i) except in the case of a renewal of a prescription, the prescriber is satisfied that a successful fit has been achieved; or (ii) in the case of a renewal of a prescription, the prescriber determines that there is no change in the prescription. (3) Industry member.--The term ``industry member'' means a person that engages in the manufacture, processing, assembly, sale, offering for sale, or distribution of contact lenses. (4) Prescriber.--The term ``prescriber'' means an ophthalmologist or optometrist who performs eye examinations under a license issued by a State. (5) Prescription.--The term ``prescription'' means the specifications necessary for a patient to obtain contact lenses, that include-- (A) all parameters of the contact lenses that are necessary to allow duplication of the lenses; (B) a clear notation that the patient is suitable for contact lenses; (C) the patient's name; (D) the date of the examination on which the prescription is based; (E) the date the prescription is issued; (F) the name, postal address, voice telephone number, and facsimile telephone number of the prescriber that issues the prescription; and (G) the date on which the prescription expires.

Contact Lens Prescription Release Act of 2002 - Instructs the Federal Trade Commission (FTC) to promulgate a rule on ophthalmic practice that requires a contact lens prescriber to provide the patient (or, upon request, the patient's agent) a copy of the contact lens prescription. Sets forth guidelines for the rule pertaining to expiration dates for contact lenses.Directs the FTC to promulgate a rule to make it an unfair trade practice for a contact lenses industry member to: (1) publish any advertisement or sales presentation relating to contact lenses that represents that they may be obtained without a valid prescription; or (2) sell contact lenses to a consumer or agent of a consumer unless the seller obtains a copy of an unexpired prescription or verifies the prescription by notifying the prescriber of the intended sale.

A bill to require the Federal Trade Commission to promulgate a rule to establish requirements with respect to the release of prescriptions for contact lenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security COLA Fix for 2010 Act''. SEC. 2. FINDINGS AND STATEMENT OF POLICY. (a) Findings.--The Congress finds that-- (1) no cost-of-living increase in social security benefits is anticipated under current law for 2010; and (2) the rising costs being endured by our Nation's seniors and disabled individuals makes the lack of such a cost-of- living increase particularly burdensome for them and their families. (b) Statement of Policy.--It is the policy of this Act to provide some compensation to our Nation's seniors and disabled individuals and their families for the lack of a cost-of-living increase in social security benefits for 2010 by providing for them a benefit increase of $150 for one month in 2010. SEC. 3. SOCIAL SECURITY BENEFIT INCREASE FOR ONE MONTH PAYABLE IN 2010. (a) In General.--Except as provided in this section, each individual who is entitled to a monthly insurance benefit under section 202 or 223 of the Social Security Act (42 U.S.C. 402, 423) for the month in which this Act is enacted and is also entitled to such benefit for the applicable increase month (as defined in subsection (b)) shall be entitled to an increase in such benefit for the applicable increase month in the amount of $150. (b) Applicable Increase Month.--For purposes of this section, the term ``applicable increase month'' means the first month beginning after 180 days after the date of the enactment of this Act (c) Restriction of Increase to One Month.--Nothing in this section shall affect the amount of a benefit under section 202 or 223 of the Social Security Act for any month other than the applicable increase month. (d) Notice.--Not later than the date of the benefit payment to each individual which reflects the benefit increase under this section, the Secretary of the Treasury shall issue to such individual a written notice which includes the following statement: ``Your benefit payment for ______ reflects a one-time increase in monthly insurance benefits for that month of $150 which is in lieu of an annual cost-of-living increase in benefits for 2010.'', with the blank space therein being filled with a reference to the calendar month which is the applicable increase month. (e) Simultaneous Entitlements.--In any case in which an individual is entitled to 2 or more monthly insurance benefits under title II of the Social Security Act for the applicable increase month, the increase provided in subsection (a) shall apply to the total amount of such benefits for the applicable increase month, after application of section 202(k)), in lieu of the amount of each benefit which is so payable. (f) Effect on Family Maximum.--The amount of the increase in monthly insurance benefits under subsection (a) shall be disregarded in determining reductions in benefits under section 203(a) of the Social Security Act (42 U.S.C. 403(a)). (g) Increase To Be Disregarded for Purposes of All Federal and Federally Assisted Programs.--The increase under subsection (a) shall not be regarded as income and shall not be regarded as a resource for the applicable increase month and the following 9 months, for purposes of determining the eligibility of the recipient (or the recipient's spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds. (h) Increase Not Considered Income for Purposes of Taxation.--The increase under subsection (a) shall not be considered as gross income for purposes of the Internal Revenue Code of 1986. (i) Benefits Not Otherwise Payable.--Nothing in this section shall be construed to provide, in connection with the increase of any benefit under this section, for a payment of any amount of such benefit if such benefit is not otherwise payable under subsection (t) or (x) of section 202 of the Social Security Act (42 U.S.C. 402(t), (x)). SEC. 4. INCREASES IN CONTRIBUTION AND BENEFIT BASE IRRESPECTIVE OF WHETHER A COST-OF-LIVING INCREASE IN BENEFITS HAS OCCURRED. (a) In General.--Section 230(a) of the Social Security Act (42 U.S.C. 430(a)) is amended-- (1) by striking ``Whenever the Commissioner'' and all that follows through ``the Commissioner shall also'' and inserting the following: ``The Commissioner of Social Security shall''; (2) by striking ``November 1 of the calendar year in which such quarter occurs'' and inserting ``November 1 of each calendar year''; and (3) by striking ``after the calendar year in which such quarter occurs'' and inserting ``after such year''. (b) Effective Date.--The amendments made by this section shall apply with respect to the determination of the contribution and benefit base for years after 2009.

Social Security COLA Fix for 2010 Act - Authorizes an increase of $150 in Social Security benefits for one month in 2010 to compensate for the lack of a cost-of-living adjustment for that year. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require an annual adjustment in the OASDI contribution and benefit base regardless of whether a cost-of-living increase in benefits has occurred.

To provide for an increase of $150 in Social Security benefits for one month in 2010 to compensate for the lack of a cost-of-living adjustment for that year, and to amend title II of the Social Security Act to eliminate the requirement that there be a Social Security cost-of-living adjustment for an adjustment in the contribution and benefit base to occur.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Invest in Rural Small Business Act of 2017''. SEC. 2. FLEXIBILITY FOR RESIDENCY IN HUBZONES. Section 3(p)(5)(A)(i)(I) of the Small Business Act (15 U.S.C. 632(p)(5)(A)(i)(I)) is amended by striking ``35 percent'' each place that term appears and inserting ``33 percent''. SEC. 3. ENABLING LOCAL COMMUNITIES TO MAXIMIZE ECONOMIC POTENTIAL. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) in section 3(p)(1) (15 U.S.C. 632(p)(1))-- (A) in subparagraph (E), by striking ``or'' at the end; (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following: ``(F) another qualified area designated by the Administrator under section 31(d); or''; and (2) in section 31 (15 U.S.C. 657a)-- (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following: ``(d) Other Qualified Areas.-- ``(1) Definitions.--In this subsection-- ``(A) the term `covered area' means an area in a State-- ``(i) that is located outside of an urbanized area, as determined by the Bureau of the Census; and ``(ii) with a population of not more than 50,000; ``(B) the term `governor' means the chief executive of a State; and ``(C) the term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. ``(2) Designation.--A governor may petition the Administrator to designate one or more covered areas as a HUBZone if the average unemployment rate of each covered area for which the designation is sought is not less than 120 percent of the average unemployment rate of the United States or of the State in which the covered area is located, whichever is less, based on the most recent data available from the American Community Survey conducted by the Bureau of the Census. ``(3) Criteria.--In reviewing a petition submitted by a governor under paragraph (2), the Administrator may consider-- ``(A) the potential for job creation and investment; ``(B) the demonstrated interest of small business concerns in the covered area to participate in the HUBZone program established under this section 31; and ``(C) the consideration by State and local government officials of a HUBZone as part of an economic development strategy. ``(4) Petition.--With respect to a petition submitted by a governor to the Administrator under paragraph (2)-- ``(A) the governor may submit not more than 1 petition in a fiscal year unless the Administrator determines that an additional petition from the State of the governor is appropriate; ``(B) the governor may not submit a petition for more than 10 percent of the total number of covered areas in the State of the governor; and ``(C) if the Administrator grants the petition and designates one or more covered areas as a HUBZone, the governor shall, not less frequently than annually, submit data to the Administrator certifying that each covered area designated by the Administrator continues to meet the requirements of clauses (i) and (ii) of paragraph (1)(A). ``(5) Process.--The Administrator shall establish procedures-- ``(A) to ensure that the Administration accepts petitions under paragraph (2) from all States each fiscal year; and ``(B) to provide technical assistance, before the filing of a petition under paragraph (2), to a governor who is interested in filing such a petition.''. SEC. 4. ENSURING TIMELY CONSIDERATION OF HUBZONE APPLICATIONS. Section 3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)) is amended by adding at the end the following: ``(C) Review of applications.--Not later than 60 days after the date on which the Administrator receives an application from a small business concern to be certified as a qualified HUBZone small business concern under subparagraph (A)(i), the Administrator shall approve or deny the application.''.

Invest in Rural Small Business Act of 2017 (Sec. 2) This bill amends the Small Business Act to modify the definition of qualified Historically Underutilized Business Zone (HUBZone) small business concern to reduce from 35% to 33% the number of a small firm's employees required to live within a HUBZone. (Sec. 3) The HUBZone program is expanded to include a qualified area located outside of an urbanized area with a population of 50,000 or less (covered area) designated by the Small Business Administration (SBA) in response to a petition by the governor of a state, the District of Columbia, or a U.S. territory. The SBA may designate, in response to a governor's petition, only a covered area for which the designation is sought that has an average unemployment rate at least 120% of the average U.S. or state unemployment rate, whichever is less. In reviewing such petition, the SBA may consider: the potential for job creation and investment; the demonstrated interest of small business concerns in the covered area to participate in such HUBZone program; and the consideration by state and local government officials of a HUBZone as part of an economic development strategy. The governor: is limited to submitting one petition in a fiscal year unless the SBA determines that an additional petition from the governor's state is appropriate; may not submit a petition for more than 10% of the total number of covered areas in the state; and shall at least annually submit data to the SBA certifying that each covered area designated continues to meet the requirements of this bill. The SBA shall establish procedures to ensure that it accepts petitions from all states each fiscal year and gives an interested governor technical assistance before a petition is filed. (Sec. 4) The SBA must approve or deny, within 60 days upon receipt, a small business concern's application for certification as a qualified HUBZone small business concern.

Invest in Rural Small Business Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Farm and Small Business Tax Relief Act of 2009''. SEC. 2. EXTENSION OF 2009 ESTATE AND GIFT TAX LEVELS. (a) EGTRRA Sunset Not To Apply.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to title V of such Act (other than subtitles A and E, and sections 511(d) and 521(b)(2), thereof). (b) $3,500,000 Applicable Exclusion Amount.-- (1) In general.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 is amended by striking all that follows ``the applicable exclusion amount'' and inserting ``. For purposes of the preceding sentence, the applicable exclusion amount is $3,500,000.''. (2) Inflation adjustment.--Section 2010 of such Code is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Cost-of-Living Adjustment.--In the case of any decedent dying in a calendar year after 2011, the $3,500,000 amount in subsection (c) shall be increased by an amount equal to-- ``(1) such amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (c) 45 Percent Maximum Rate.--The table in paragraph (1) of section 2001(c) of such Code is amended by striking the last 3 items and inserting the following new item: ``Over $1,500,000............................ $555,800, plus 45 percent of the excess of such amount over $1,500,000.''. (d) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2010. SEC. 3. RESTORATION OF, AND INCREASE IN, DEDUCTION FOR FAMILY-OWNED BUSINESS INTERESTS. (a) Restoration.--Subsection (j) of section 2057 (relating to termination) is amended to read as follows: ``(j) Application of Section.--This section-- ``(1) shall not apply to estates of decedents dying after December 31, 2003, and before January 1, 2011, but ``(2) shall apply to estates of decedents dying after December 31, 2010.''. (b) Increase.-- (1) In general.--Subsection (a) of section 2057 is amended-- (A) by striking ``$675,000'' in paragraph (2) and inserting ``$8,000,000'', and (B) by striking paragraph (3). (2) Cost-of-living adjustment.--Subsection (a) of section 2057 is amended by adding at the end the following new paragraph: ``(3) Cost-of-living adjustment.--In the case of any decedent dying in a calendar year after 2011, the $8,000,000 amount in paragraph (2) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after December 31, 2010. SEC. 4. EXCLUSION FROM GROSS ESTATE FOR CERTAIN FARMLAND SO LONG AS FARMLAND USE CONTINUES. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by inserting after section 2033 the following new section: ``SEC. 2033A. EXCLUSION OF CERTAIN FARMLAND SO LONG AS USE AS FARMLAND CONTINUES. ``(a) In General.--In the case of an estate of a decedent to which this section applies, if the executor makes the election described in subsection (f), the value of the gross estate shall not include the adjusted value of qualified farmland included in the estate. ``(b) Estates to Which Section Applies.--This section shall apply to an estate if-- ``(1) the decedent was (at the date of the decedent's death) a citizen or resident of the United States, and ``(2) during the 8-year period ending on the date of the decedent's death there have been periods aggregating 5 years or more during which-- ``(A) the qualified farmland was owned by the decedent or a member of the decedent's family, and ``(B) there was material participation (within the meaning of section 2032A(e)(6)) by the decedent or a member of the decedent's family in the operation of such farmland, except that `material participation' shall also include any rental of real estate and related property between the estate of the decedent or any successor thereto and any tenant so long as the tenant uses the real estate and related property to produce agricultural or horticultural commodities, including but not limited to livestock, bees, poultry, orchards and woodlands, timber and fur-bearing animals and wildlife on such farmland. Rules similar to the rules of paragraphs (4) and (5) of section 2032A(b) shall apply for purposes of subparagraph (B). ``(c) Definitions and Special Rule.--For purposes of this section-- ``(1) Qualified farmland.--The term `qualified farmland' means any real property or other property related to the farm operation-- ``(A) which is located in the United States, ``(B) which is used as a farm for farming purposes, and ``(C) which was acquired from or passed from the decedent to a qualified heir of the decedent and which, on the date of the decedent's death, was being so used by the decedent or a member of the decedent's family. ``(2) Member of family.--A member of a family, with respect to any individual, means-- ``(A) a member of the family (as defined by section 2031A(e)(2)), and ``(B) includes-- ``(i) a lineal descendant of any spouse described in subparagraph (D) of section 2032A(e)(2), ``(ii) a lineal descendant of a sibling of a parent of such individual, ``(iii) a spouse of any lineal descendant described in clause (ii), and ``(iv) a lineal descendant of a spouses described in clause (iii). ``(3) Adjusted value.--The term `adjusted value' means the value of farmland for purposes of this chapter (determined without regard to this section), reduced by the amount deductible under paragraph (3) or (4) of section 2053(a). ``(4) Other terms.--Any other term used in this section which is also used in section 2032A shall have the same meaning given such term by section 2032A. ``(d) Tax Treatment of Dispositions and Failures To Use for Farming Purposes.-- ``(1) Imposition of recapture tax.--If, at any time after the decedent's death-- ``(A) the qualified heir disposes of any interest in qualified farmland (other than by a disposition to a member of his family), or ``(B) the qualified heir ceases to use the real property which was acquired (or passed) from the decedent as a farm for farming purposes, then there is hereby imposed a recapture tax on such disposition or cessation of use. ``(2) Amount of recapture tax.-- ``(A) In general.--The amount of the tax imposed by paragraph (1) shall be the excess of-- ``(i) the tax which would have been imposed by section 2001 on the estate of the decedent but determined as if such estate included the interest in qualified farmland described in paragraph (1) which was so disposed of or ceased to be so used, reduced by the credits allowable against such tax, over ``(ii) the tax imposed by section 2001 on the estate of the decedent, reduced by such credits. For purposes of this paragraph, the value of the interest in qualified farmland specified in subparagraph (A) shall be the adjusted value of such interest as of the date of the disposition or cessation of such interest described in paragraph (1). ``(B) $8,000,000 exclusion amount.--For purposes of subparagraph (A), the adjusted value of such interest shall be reduced by an amount equal to-- ``(i) $8,000,000, reduced (but not below zero) by ``(ii) an amount equal to the amount by which the adjusted value of all other interests in such qualified farmland has been reduced previously by reason of this subparagraph. ``(3) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this subsection, including regulations requiring record keeping and information reporting, except that the Secretary may not impose a lien on the estate of the decedent or qualified farmland for such purposes. ``(e) Application of Other Rules.--Rules similar to the rules of subsections (e) (other than paragraph (13) thereof), (f), (g), (h), and (i) of section 2032A shall apply for purposes of this section. ``(f) Election.--The election under this subsection shall be made on or before the due date (including extensions) for filing the return of tax imposed by section 2001 and shall be made on such return.''. (b) Clerical Amendment.--The table of sections for part III of subchapter A of chapter 11 of such Code is amended by inserting after the item relating to section 2033 the following new item: ``Sec. 2033A. Exclusion of certain farmland so long as use as farmland continues.''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act.

Family Farm and Small Business Tax Relief Act of 2009 - Extends the estate and gift tax rates in effect in 2009 by eliminating the general terminating date (i.e., December 31, 2010) in the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) applicable to such rates. Amends the Internal Revenue Code to: (1) establish a permanent $3.5 million estate tax exclusion (adjusted for inflation) and a maximum estate and gift tax rate of 45% after 2010; (2) restore after 2010 the estate tax deduction for family-owned business interests and increase the amount of such deduction to $8 million (adjusted annually for inflation); and (3) exclude from the gross estate of a decedent the value of farmland used as a farm for farming purposes.

To amend the Internal Revenue Code of 1986 to extend certain estate tax provisions and restore and increase the estate tax deduction for certain family-owned business interests.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Competition Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) prescription drug prices are increasing at an alarming rate and are a major worry of many senior citizens and American families; (2) there is a potential for companies with patent rights regarding brand name drugs and companies which could manufacture generic versions of such drugs to enter into financial deals that could tend to restrain trade and greatly reduce competition and increase prescription drug expenditures for American citizens; and (3) enhancing competition among these companies can significantly reduce prescription drug expenditures for Americans. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to provide timely notice to the Department of Justice and the Federal Trade Commission regarding agreements between companies with patent rights regarding brand name drugs and companies which could manufacture generic versions of such drugs; and (2) by providing timely notice, to enhance the effectiveness and efficiency of the enforcement of the antitrust and competition laws of the United States. SEC. 4. DEFINITIONS. In this Act: (1) ANDA.--The term ``ANDA'' means an Abbreviated New Drug Application, as defined under section 201(aa) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(aa)). (2) Assistant attorney general.--The term ``Assistant Attorney General'' means the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice. (3) Brand name drug.--The term ``brand name drug'' means a drug approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)). (4) Brand name drug company.--The term ``brand name drug company'' means the party that received Food and Drug Administration approval to market a brand name drug pursuant to an NDA, where that drug is the subject of an ANDA, or a party owning or controlling enforcement of any patent listed in the Approved Drug Products With Therapeutic Equivalence Evaluations of the Food and Drug Administration for that drug, under section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)). (5) Commission.--The term ``Commission'' means the Federal Trade Commission. (6) Generic drug.--The term ``generic drug'' means a product that the Food and Drug Administration has approved under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)). (7) Generic drug applicant.--The term ``generic drug applicant'' means a person who has filed or received approval for an ANDA under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)). (8) NDA.--The term ``NDA'' means a New Drug Application, as defined under section 505(b) et seq. of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b) et seq.) SEC. 5. NOTIFICATION OF AGREEMENTS. (a) In General.-- (1) Requirement.--A generic drug applicant that has submitted an ANDA containing a certification under section 505(j)(2)(vii)(IV) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(2)(vii)(IV)) and a brand name drug company that enter into an agreement described in paragraph (2), prior to the generic drug that is the subject of the application entering the market, shall each file the agreement as required by subsection (b). (2) Definition.--An agreement described in this paragraph is an agreement regarding-- (A) the manufacture, marketing or sale of the brand name drug that is the subject of the generic drug applicant's ANDA; (B) the manufacture, marketing or sale of the generic drug that is the subject of the generic drug applicant's ANDA; or (C) the 180-day period referred to in section 505(j)(5)(B)(iv) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iv)) as it applies to such ANDA or to any other ANDA based on the same brand name drug. (b) Filing.-- (1) Agreement.--The generic drug applicant and the brand name drug company entering into an agreement described in subsection (a)(2) shall file with the Assistant Attorney General and the Commission the text of any such agreement, except that the generic drug applicant and the brand-name drug company shall not be required to file an agreement that solely concerns-- (A) purchase orders for raw material supplies; (B) equipment and facility contracts; (C) employment or consulting contracts; or (D) packaging and labeling contracts. (2) Other agreements.--The generic drug applicant and the brand name drug company entering into an agreement described in subsection (a)(2) shall file with the Assistant Attorney General and the Commission the text of any other agreements not described in subsection (a)(2) between the generic drug applicant and the brand name drug company which are contingent upon, provide a contingent condition for, or are otherwise related to an agreement which must be filed under this Act. (3) Description.--In the event that any agreement required to be filed by paragraph (1) or (2) has not been reduced to text, both the generic drug applicant and the brand name drug company shall file written descriptions of the non-textual agreement or agreements that must be filed sufficient to reveal all of the terms of the agreement or agreements. SEC. 6. FILING DEADLINES. Any filing required under section 5 shall be filed with the Assistant Attorney General and the Commission not later than 10 business days after the date the agreements are executed. SEC. 7. DISCLOSURE EXEMPTION. Any information or documentary material filed with the Assistant Attorney General or the Commission pursuant to this Act shall be exempt from disclosure under section 552 of title 5, and no such information or documentary material may be made public, except as may be relevant to any administrative or judicial action or proceeding. Nothing in this section is intended to prevent disclosure to either body of Congress or to any duly authorized committee or subcommittee of the Congress. SEC. 8. ENFORCEMENT. (a) Civil Penalty.--Any brand name drug company or generic drug applicant which fails to comply with any provision of this Act shall be liable for a civil penalty of not more than $11,000, for each day during which such entity is in violation of this Act. Such penalty may be recovered in a civil action brought by the United States, or brought by the Commission in accordance with the procedures established in section 16(a)(1) of the Federal Trade Commission Act (15 U.S.C. 56(a)). (b) Compliance and Equitable Relief.--If any brand name drug company or generic drug applicant fails to comply with any provision of this Act, the United States district court may order compliance, and may grant such other equitable relief as the court in its discretion determines necessary or appropriate, upon application of the Assistant Attorney General or the Commission. SEC. 9. RULEMAKING. The Commission, with the concurrence of the Assistant Attorney General and by rule in accordance with section 553 of title 5 United States Code, consistent with the purposes of this Act-- (1) may define the terms used in this Act; (2) may exempt classes of persons or agreements from the requirements of this Act; and (3) may prescribe such other rules as may be necessary and appropriate to carry out the purposes of this Act. SEC. 10. SAVINGS CLAUSE. Any action taken by the Assistant Attorney General or the Commission, or any failure of the Assistant Attorney General or the Commission to take action, under this Act shall not bar any proceeding or any action with respect to any agreement between a brand name drug company and a generic drug applicant at any time under any other provision of law, nor shall any filing under this Act constitute or create a presumption of any violation of any antitrust or competition laws. SEC. 11. EFFECTIVE DATE. This Act shall-- (1) take effect 30 days after the date of enactment of this Act; and (2) shall apply to agreements described in section 5 that are entered into 30 days after the date of enactment of this Act. Passed the Senate November 18, 2002. Attest: JERI THOMSON, Secretary.

Drug Competition Act of 2002 - (Sec. 5) Requires a generic drug applicant that has submitted an Abbreviated New Drug Application (ANDA) and a brand name drug company that enter into an agreement, prior to the generic drug entering the market, regarding the manufacture, marketing, or sale of the brand name or the generic drug, or regarding the 180-day semi-exclusivity period referred to in the Federal Food, Drug, and Cosmetic Act as it applies to such ANDA or any other ANDA based on the same brand name drug, to each file such agreement and any related agreements with the Assistant Attorney General and the Federal Trade Commission (FTC). Makes an exception for agreements that solely concern purchase orders for raw material supplies, equipment and facility contracts, or employment or consulting contracts. Requires such agreements to be filed not later than ten business days after the date they are executed.(Sec. 7) Exempts any such information or documentary material filed from disclosure under the Freedom of Information Act. Prohibits such information or material from being made public, except as relevant to any administrative or judicial action or proceeding.(Sec. 8) Subjects an applicant or company to a civil penalty of up to $11,000 for each day such entity fails to comply with this Act, recoverable in a civil action brought by the United States or the FTC. Authorizes a U.S. district court to order compliance and grant equitable relief.

A bill to enhance competition for prescription drugs by increasing the ability of the Department of Justice and Federal Trade Commission to enforce existing antitrust laws regarding brand name drugs and generic drugs.

SECTION 1. COORDINATED SERVICES FOR STUDENTS AND FAMILIES. Chapter 1 of title I of the Elementary and Secondary Education Act of 1965 is amended by inserting after part F the following new part: ``PART G--COORDINATED SERVICES FOR SCHOOL STUDENTS AND FAMILIES ``SEC. 1493. CONGRESSIONAL FINDINGS AND PURPOSES. ``(a) Findings.--The Congress finds that-- ``(1) there are influences outside of school which affect the ability of a child to achieve academically; ``(2) factors such as hunger, homelessness, unemployment, and drug and alcohol abuse affect family relationships and the ability of a child to learn; ``(3) access to health and social service programs can assist children and their families and improve the ability of the family to take an active role in their child's education; ``(4) schools are in a unique position to identify the needs of their students and their families and to coordinate programs to meet such needs; and ``(5) coordination of health and social service programs with education can help the Nation meet the National Education Goals and ensure better outcomes for children. ``(b) Purposes.--The purpose of this part is to provide elementary and secondary school students and their families better access to the social, health, and education services necessary for the students to succeed in school and the family to take an active role in ensuring that the child receives the best possible education. ``SEC. 1494. ELIGIBLE ENTITIES. ``The Secretary of Education is authorized to make grants under this part to a local educational agency to conduct model programs-- ``(1) in schools that serve not less than 30 percent of families who meet poverty criteria based on the best available data to the State and local educational agency; and ``(2) schools that meet the criteria established under paragraph (1) which are in partnership with community-based organizations if the local educational agency is responsible for fiscal administration. ``SEC. 1495. PROGRAM AUTHORIZED. ``(a) In General.--In carrying out the program under this part, funds made available to local educational agencies for the use of eligible schools and in certain cases by eligible schools in partnership with community-based organizations, shall be used to pay the Federal share of the cost of providing coordinated social, health and education services to students and their families which may include hiring a coordinator of services if necessary, minor renovation of existing buildings, and equipment purchases. ``(b) Program Elements.--Programs should be tailored to meet the needs of the community served, but may include the coordinated provision of-- ``(1) nutrition assistance; ``(2) health care assistance; ``(3) housing assistance; ``(4) drug and alcohol prevention or rehabilitation services; ``(5) education and training programs; ``(6) energy assistance; and ``(7) other social services. ``(c) Location.--Coordination and delivery of services may take place in school facilities during or after school hours or may be located in an outreach facility that is centrally located for access by students and their families. ``(d) Federal Share.--(1) The Federal share under this part may be-- ``(A) not more than 90 percent for the first year; ``(B) not more than 70 percent in the second year; ``(C) not more than 50 percent in the third and fourth years; and ``(D) not more than 25 percent in any subsequent year. ``(2) The remaining cost of a project that receives assistance under this part may be paid from any source other than from funds made available for programs under this part. ``(3) The Secretary may waive, in whole or in part, the requirement that all or part of the remaining cost described in paragraph (1) be obtained from sources other than funds made available under this part if a local educational agency-- ``(A) demonstrates that it otherwise would not be able to participate in the program under this part; and ``(B) negotiates with the Secretary with respect to the amount of the remaining cost to which the waiver would be applicable. ``SEC. 1496. APPLICATIONS. ``(a) Notification.--The Secretary shall notify schools that meet the criteria established under section 1494 regarding the availability of grants under this part. ``(b) Submission.--To be eligible to receive a grant under this part, a local educational agency shall submit an application to the Secretary in such form and containing such information as the Secretary may reasonably require. ``(c) Requirements.--An application submitted under subsection (b) shall include-- ``(1) assurances that projects developed with funds received under this part shall not be used to duplicate existing services or programs that are accessible to families who meet the criteria established under section 1494; ``(2) documentation that an assessment has been made to determine the needs of families in the schools community; ``(3) documentation that broad-based community support is available for such a program; ``(4) a description of new services to be provided; ``(5) a description of how existing services or projects will be coordinated with new projects; ``(6) a description of how on and off campus services or projects will be integrated, promoted, and made accessible; and ``(7) a description of how services will continue once Federal funds are not available under this part. ``SEC. 1497. GRANT SELECTION. ``(a) Grant Selection.--The Secretary shall consider the following factors in awarding grants to local educational agencies: ``(1) The need for the coordination of services in such community. ``(2) The geographic distribution of grants, including urban and rural areas. ``(3) The ability of grantees to serve as models for other programs. ``(b) Renewal of Grants.--A grant under this part is for a 4-year period, and can be renewed for only one additional 2-year period. ``SEC. 1498. REPORTS. ``(a) Report to Secretary.--Each local educational agency that receives assistance under this part shall submit an annual report to the Secretary that describes the activities and projects established with funds under this part. ``(b) Reports to Congress.--The Secretary shall submit to Congress a report each year which describes and evaluates the projects established with funds under this part. ``SEC. 1499. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $20,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1999 to carry out the projects under this part.''.

Amends the Elementary and Secondary Education Act of 1965 to establish a model grant program to provide coordinated social, health, and education services to elementary and secondary school students and their families (under the chapter 1 title I programs for educationally disadvantaged children). Authorizes the Secretary of Education to make such grants to selected local educational agencies (LEAs) to conduct model programs in schools where at least 30 percent of families meet poverty criteria and in such schools in partnership with community-based organizations if the LEA is responsible for fiscal administration. Sets forth program elements, Federal share, application, selection, and reporting requirements. Authorizes appropriations.

To amend the Elementary and Secondary Education Act of 1965 to establish a grant program to provide coordinated and comprehensive services to elementary and secondary students and families.

SECTION 1. COMMUNITY ECONOMIC ADJUSTMENT PLAN FOR CLOSED OR REALIGNED MILITARY INSTALLATIONS. (a) In General.--The Secretary of Defense may not close or realign a military installation under a base closure law until a community economic adjustment plan with respect to the installation is prepared in accordance with this section. (b) Plan Preparation.--(1) The Secretary shall-- (A) ensure that the community economic adjustment plan, if any, prepared by a State or local government, or a regional economic organization or other organization, with respect to a military installation to be closed or realigned under a base closure law meets the requirements for such a plan under this section; or (B) in the event that no government or organization prepares such a plan, prepare a plan meeting such requirements. (2)(A) The Secretary may provide such assistance (including making grants and entering into cooperative agreements) as the Secretary determines appropriate to State or local governments, or regional economic organizations or other organizations, in the preparation of a community economic adjustment plans under paragraph (1)(A). (B) Any grants made by the Secretary under this paragraph shall meet the requirements of section 2391(b) of title 10, United States Code. (3) The Secretary shall carry out the requirements of this subsection through the Office of Economic Adjustment of the Department of Defense. (c) Plan Requirements.--Each community economic adjustment plan prepared under this section with respect to a military installation to be closed or realigned shall contain the following: (1) If the utilization of any portion of the installation for non-defense purposes is determined to be economically practicable, a proposal for the utilization of such portion for such purposes, including-- (A) a specific description of such utilization; (B) a proposal for notifying the public the availability of such portion for such purposes; (C) an assessment of the environmental hazards, if any, that exist at the installation, and a plan for the remediation of such hazards; (D) an assessment of (i) the number of civilian employees who will gain or lose employment as a result of the closure or realignment of the installation, and (ii) the number of such employees, if any, who will find alternative employment in the vicinity of the installation after such closure or realignment as a result of such utilization; and (E) an assessment of the affect on the tax base and expenditures of the State and local governments affected by the closure or realignment of (i) the closure or realignment, and (ii) such utilization. (2) If the utilization of any portion of the installation for non-defense purposes is determined not to be economically practicable, a detailed explanation of the analysis supporting that determination. (3) A proposal for the minimization of the economic impact of the closure or realignment on the region in which the installation is located, including means of-- (A) ensuring the economic stability of the region; (B) providing for job creation in the region; (C) providing for growth in rates of personal income throughout the region; and (D) stabilizing the tax base and projected expenditures of State and local governments in the region. (d) Notification.--Not later than 30 days after the Secretary determines that a community economic adjustment plan with respect to a military installation meets the requirements of subsection (c), the Secretary shall-- (1) submit to the appropriate committees of the Senate and House of Representatives a written notification of the completion of the plan; and (2) in the event that the Secretary prepares the plan under subsection (a)(1)(B), submit the plan to the governments of the State and localities in which the military installation is located and to such regional economic organizations or other organizations as the Secretary determines appropriate. (e) Regulations.--The Secretary shall prescribe regulations for the purposes of carrying out this section. (f) Definition.--In this section, the term ``base closure law'' means the following: (1) Section 2687 of title 10, United States Code. (2) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). (3) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). (4) Any other similar law enacted after the date of the enactment of this Act. (g) Effective Date.--The provisions of this Act shall take effect on the date of the enactment of this Act and apply to military installations closed or realigned after such date.

Prohibits the Secretary of Defense from closing or realigning a military installation under a base closure law until a community economic adjustment plan is prepared. Outlines provisions concerning plan preparation and requirements. Authorizes the Secretary to provide assistance to a State or local government or organization for preparation of such plan through grants or cooperative arrangements. Requires each plan to include: (1) a proposal for utilizing a portion of such installation for non-defense purposes, if economically feasible; or (2) a detailed explanation if no portion is determined appropriate for non-defense purposes.

A bill to require the preparation of community economic adjustments plans before the closure or realignment of military installations under base closure laws.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Equity for the Economic Development of Low Income Areas Act of 2006''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; (2) the term ``low-income geographic area'' has the same meaning as in section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689), as amended by this Act; (3) the term ``New Markets Venture Capital company'' has the same meaning as in section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689); and (4) the term ``New Markets Venture Capital Program'' means the program under part B of title III of the Small Business Investment Act of 1958 (15 U.S.C. 689 et seq.). SEC. 3. EXPANSION OF NEW MARKETS VENTURE CAPITAL PROGRAM. (a) Selection of Companies in Each Geographic Region.--Section 354 of the Small Business Investment Act of 1958 (15 U.S.C. 689c) is amended by adding at the end the following: ``(f) Geographic Requirement.--In selecting companies to participate as New Markets Venture Capital companies in the program established under this part, the Administrator shall select, to the extent practicable, from among companies submitting applications under subsection (b), not fewer than 1 company from each geographic region of the Administration.''. (b) Participation in New Markets Venture Capital Program.-- (1) Administration participation required.--Section 353 of the Small Business Investment Act of 1958 (15 U.S.C. 689b) is amended in the matter preceding paragraph (1), by striking ``under which the Administrator may'' and inserting ``under which the Administrator shall''. (2) Small manufacturer participation agreements required.-- Section 353 of the Small Business Investment Act of 1958 (15 U.S.C. 689b) is amended-- (A) by striking ``In accordance with this part,'' and inserting the following: ``(a) In General.--In accordance with this part,''; (B) in subsection (a)(1), as so designated by this paragraph, by inserting after ``section 352'' the following: ``(with not fewer than 1 such agreement to be with a company engaged primarily in development of and investment in small manufacturers, to the extent practicable)''; and (C) by adding at the end the following: ``(b) Rule of Construction.--Subsection (a)(1) shall not be construed to authorize the Administrator to decline to enter into a participation agreement with a company solely on the basis that the company is not engaged primarily in development of and investment in small manufacturers.''. SEC. 4. REPORT TO CONGRESS. Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report evaluating the success of the New Markets Venture Capital Program in promoting economic development and creating wealth and job opportunities in low-income geographic areas, among individuals living in such areas, by encouraging developmental venture capital investments in smaller enterprises. SEC. 5. ESTABLISHMENT OF OFFICE OF NEW MARKETS VENTURE CAPITAL. Title II of the Small Business Investment Act of 1958 (15 U.S.C. 671) is amended by adding at the end the following: ``SEC. 202. OFFICE OF NEW MARKETS VENTURE CAPITAL. ``(a) Establishment.--There is established in the Investment Division of the Administration, the `Office of New Markets Venture Capital'. ``(b) Director.--The Office of New Markets Venture Capital shall be headed by a Director, who shall be appointed by the Administrator. ``(c) Responsibilities of Director.--Subject to the direction and control of the Administrator, the responsibilities of the Director of the Office of New Markets Venture Capital are-- ``(1) to administer the New Markets Venture Capital Program under part B of title III; ``(2) to periodically assess the nature and scope of the New Markets Venture Capital Program and to advise the Administrator on recommended changes to the program, based on such assessment; ``(3) to work to expand the number of small business concerns participating in the New Markets Venture Capital Program; ``(4) to encourage investment in small manufacturing; and ``(5) to perform such other duties relating to such responsibilities as the Administrator may provide.''. SEC. 6. LOW-INCOME GEOGRAPHIC AREAS. (a) Modification of Definition of Low-Income Geographic Area for Purposes of New Markets Venture Capital Program.-- (1) In general.--Section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689) is amended-- (A) by striking paragraphs (2) and (3) and inserting the following: ``(2) Low-income geographic area.--The term `low-income geographic area' has the meaning given the term `low-income community' in section 45D of the Internal Revenue Code of 1986 (relating to the new markets tax credit).''; and (B) by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively. (2) Retroactive application of amended definition to capital requirement.--The definition of a low-income geographic area in section 351(2) of the Small Business Investment Act of 1958, as amended by paragraph (1), shall apply to private capital raised under section 354(d)(1) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(d)(1)) before, on, or after the date of enactment of this Act. (b) Study on Availability of Equity Capital.-- (1) Study required.--Not later than the end of the 180-day period beginning on the date of enactment of this Act, the Chief Counsel for Advocacy of the Administration shall conduct a study on the availability of equity capital in low-income geographic areas. (2) Report.--Not later than 90 days after the completion of the study under paragraph (1) the Administrator shall submit to Congress a report containing the findings of the study required under paragraph (1) and any recommendations of the Administrator based on such study. SEC. 7. LIMITATION ON TIME FOR FINAL APPROVAL OF COMPANIES. Section 354(d) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(d)) is amended by striking ``a period of time, not to exceed 2 years,'' and inserting ``2 years''. SEC. 8. APPLICATIONS FOR NEW MARKETS VENTURE CAPITAL PROGRAM. Not later than 60 days after the date of enactment of this Act, the Administrator shall prescribe standard documents for an application for final approval by a New Markets Venture Capital company under section 354(e) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(e)). The Administrator shall ensure that such documents are designed to substantially reduce the cost burden of the application process on a company making such an application. SEC. 9. OPERATIONAL ASSISTANCE GRANTS. Section 358(a)(4)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 689g(a)(4)(A)) is amended to read as follows: ``(A) New markets venture capital companies.-- Notwithstanding section 354(d)(2), the amount of a grant made under this subsection to a New Markets Venture Capital company shall be equal to the lesser of-- ``(i) 10 percent of the private capital raised by the company; or ``(ii) $1,000,000.''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) Reauthorization of New Markets Venture Capital Program.-- Section 368(a) of the Small Business Investment Act of 1958 (15 U.S.C. 689q(a)) is amended in the matter preceding paragraph (1), by striking ``fiscal years 2001 through 2006'' and inserting ``fiscal years 2006 through 2009''. (b) Office of New Markets Venture Capital.--There is authorized to be appropriated to carry out section 202 of the Small Business Investment Act of 1958, as added by this Act, $1,000,000.

Securing Equity for the Economic Development of Low Income Areas Act of 2006 - Amends the Small Business Investment Act of 1958 to direct the Administrator of the Small Business Administration (SBA) to select at least one company from each SBA geographic region when selecting companies to participate as New Markets Venture Capital companies. Establishes in the Investment Division of the SBA the Office of New Markets Venture Capital. Modifies the definition of low-income geographic area to reflect the new markets tax credit under the Internal Revenue Code. Revises the formula for the amount of operational assistance grants for new markets venture capital companies.

A bill to amend the Small Business Investment Act of 1958 to reauthorize and expand the New Markets Venture Capital Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on American Jobs Act''. SEC. 2. ESTABLISHMENT. The Secretary of Commerce shall establish a commission to be known as the ``Commission on American Jobs''. SEC. 3. DUTIES OF THE COMMISSION. On an annual basis, the Commission shall-- (1) collect data on outsourcing by companies of interest from reports transmitted to the Commission pursuant to section 6(d) and any other information that the Commission may consider under this Act; (2) identify the number of jobs outsourced by companies of interest, the dates that the jobs were outsourced, and the locations to which the jobs were outsourced; (3) conduct studies on why the jobs identified under paragraph (2) were outsourced; and (4) propose possible measures to prevent outsourcing by companies of interest. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of six members appointed by the President. (b) Political Affiliation.--Not more than three members of the Commission appointed under subsection (a) may be affiliated with the same political party. (c) Labor Affiliation.--At least two members of the Commission appointed under subsection (a) shall be representatives of labor organizations certified by the National Labor Relations Board. (d) Terms.-- (1) In general.--Each member shall be appointed for a term of six years, except as provided in paragraphs (2) and (3). A member may be appointed for more than one term. (2) Terms of initial appointees.--As designated by the President at the time of appointment, of the members first appointed-- (A) two, not affiliated with the same political party, shall be appointed for a term of six years; (B) two, not affiliated with the same political party, shall be appointed for a term of four years; and (C) two, not affiliated with the same political party, shall be appointed for a term of two years. (3) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. (e) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), members shall each be paid at the maximum rate of basic pay for GS-15 of the General Schedule. (2) Prohibition of compensation of federal employees.-- Except as provided in subsection (f), members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (f) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (g) Quorum.--Three members of the Commission shall constitute a quorum but a lesser number may hold hearings. (h) Chairperson.--The Chairperson of the Commission shall be designated by the President. The term of office of the Chairperson shall be one year. The position of Chairperson shall rotate among the members of the Commission, and a member may serve as Chairperson only once during each six-year term. (i) Meetings.--The Commission shall meet at the call of either the Chairperson or a majority of the Commission's members. The Commission shall meet at least once annually. SEC. 5. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson or any three members of the Commission, the head of that agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued by the Commission under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district in which that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (g) Immunity.--The Commission is an agency of the United States for purpose of part V of title 18, United States Code (relating to immunity of witnesses). SEC. 6. REPORTS. (a) Commission Reports.--The Commission shall transmit to-- (1) the Committee on Appropriations, the Committee on Education and the Workforce, the Committee on Energy and Commerce, and the Committee on Ways and Means of the House of Representatives; (2) the Committee on Appropriations, the Committee on Commerce, Science, and Transportation, the Committee on Finance, and the Committee on Health, Education, Labor, and Pensions of the Senate; and (3) the Joint Economic Committee of the Congress, annual reports including the content described in subsection (c). (b) Timing.--The Commission shall transmit its first annual report under subsection (a)-- (1) not later than six months after the date of enactment of this Act, if such date of enactment is on or before September 30, 2004; and (2) not later than May 1, 2005, if such date of enactment is after September 30, 2004. The Commission shall transmit subsequent annual reports not later than May 1 of each year. (c) Content.--The annual reports required under subsection (a) shall include-- (1) detailed summaries of the data collected under section 3(1); (2) detailed summaries of the information identified under section 3(2); (3) the results of the studies conducted pursuant to section 3(3); and (4) the possible measures to prevent outsourcing proposed under section 3(4). (d) Company of Interest Reports.--A company of interest shall transmit to the Commission annual reports stating the number of jobs, if any, that the company of interest has outsourced during the previous year, the dates that the jobs were outsourced, and the locations to which the jobs were outsourced. A company of interest shall transmit its first annual report under this subsection-- (1) not later than three months after the date of enactment of this Act, if such date of enactment is on or before September 30, 2004; and (2) not later than March 1, 2005, if such date of enactment is after September 30, 2004. A company of interest shall transmit subsequent annual reports not later than March 1 of each year. SEC. 7. TERMINATION. Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Commission. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce $25,000,000 for fiscal year 2005, to remain available until expended, to carry out this Act. SEC. 9. DEFINITIONS. For purposes of this Act: (1) Commission.--The term ``Commission'' means the Commission on American Jobs established under this Act. (2) Companies of interest.--The term ``companies of interest'' means-- (A) corporations and other legal entities organized under the laws of the United States; (B) subsidiaries of corporations and legal entities described in subparagraph (A); (C) corporations and other legal entities that employed at least 50 employees to perform services in the United States at any one time on or after January 1, 1980; and (D) corporations and other legal entities with $1,000,000 or more annual gross income that is effectively connected with the conduct of a trade or business within the United States. (3) Outsourcing.--The term ``outsourcing'' means hiring employees to perform services outside the United States when the services previously had been performed in the United States. (4) United states.--The term ``United States'' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States.

Commission on American Jobs Act - Directs the Secretary of Commerce to establish a Commission on American Jobs. Requires the Commission to: (1) collect data on the outsourcing of jobs by specified types of companies of interest; (2) study such outsourcing's causes; (3) propose prevention measures; and (4) report to specified congressional committees. Requires such companies to report outsourcing data annually to the Commission.

To establish the Commission on American Jobs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Honoring Emergency Response Officers Benefits Reform Act of 2016'' or the ``HERO Benefits Reform Act of 2016''. SEC. 2. PRESUMPTION THAT OFFICER ACTED PROPERLY. Section 1202 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796a) is amended-- (1) by striking ``No benefit'' and inserting the following: ``(a) In General.--No benefit''; and (2) by adding at the end the following: ``(b) Presumption.--In determining whether a benefit is payable under this part, the Bureau shall-- ``(1) presume that none of the limitations under subsection (a) apply; and ``(2) have the burden of establishing by clear and convincing evidence that a limitation under subsection (a) applies.''. SEC. 3. BACKLOG OF CLAIMS. Subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796a) is amended by adding at the end the following: ``SEC. 1206. APPEALS. ``(a) Standard of Review.--Notwithstanding section 706 of title 5, United States Code, or any other provision of law, in any appeal of a determination of the Bureau to deny a claim under this part, including an appeal to a hearing officer of the Bureau, to the Director, or to a court of the United States, the reviewing official or court shall review the determination de novo. ``(b) Exception to Administrative Exhaustion Requirement.-- ``(1) In general.--Notwithstanding section 704 of title 5, United States Code, or any other provision of law, an individual who files a claim for benefits under this part with the Bureau may file a subsequent claim with the United States Court of Federal Claims seeking an award of benefits under this part despite an absence of final agency action with respect to the original claim filed with the Bureau if-- ``(A) the Bureau does not make a determination with respect to the original claim within 1 year of the date on which the claim was filed with the Bureau; ``(B)(i) the Bureau denies the original claim within 1 year of the date on which the claim was filed with the Bureau; ``(ii) the individual appeals the denial under clause (i) to a hearing officer; and ``(iii) the hearing officer does not make a determination with respect to the original claim within 180 days of the date on which the appeal was filed under clause (ii); or ``(C)(i) the Bureau denies the original claim within 1 year of the date on which the claim was filed with the Bureau; ``(ii) the individual appeals the denial under clause (i) to a hearing officer; ``(iii) the hearing officer denies the original claim within 180 days of the date on which the appeal was filed under clause (ii); ``(iv) the individual appeals the denial under clause (iii) to the Director; and ``(v) the Director does not make a determination with respect to the original claim within 180 days of the date on which the appeal was filed under clause (iv). ``(2) Standard of review.--The United States Court of Federal Claims shall review a claim filed under paragraph (1) without regard to any determination made by the Bureau, including a hearing officer of the Bureau, with respect to the original claim filed with the Bureau. ``(3) Determination of whether original claim is complete.--For purposes of determining whether an individual is eligible to file a claim under paragraph (1), the United States Court of Federal Claims shall determine the date on which the original claim was filed with the Bureau without regard to whether the Bureau has deemed the application that forms the basis of the original claim to be incomplete and thus not constitute an official claim.''. SEC. 4. TRANSPARENCY. Subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796a), as amended by section 3, is amended by adding at the end the following: ``SEC. 1207. ANNUAL REPORT. ``Not later than 60 days after the last day of each fiscal year, the Bureau shall submit to Congress and publish publically on the website of the Bureau a report that includes-- ``(1) the number of claims filed under this part during the fiscal year, broken down by-- ``(A) the type of benefit sought, meaning death, disability, educational benefit, and any combination thereof; and ``(B) the type of public safety officer to which each claim pertains; ``(2) the number of claims filed that were granted during the fiscal year; ``(3) the number of claims filed that were denied during the fiscal year, broken down by the reason for denial; and ``(4) the number of claims filed as of the last day of the fiscal year, broken down by-- ``(A) the date on which each claim was filed; and ``(B) the reason why the Bureau has been unable to render a decision. The Attorney General shall make such report publically available over the Internet.''. SEC. 5. EXTENDING PUBLIC SAFETY OFFICER DEATH BENEFITS TO FIRE POLICE AND FIRE INVESTIGATORS. (a) In General.--Section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended-- (1) by redesignating paragraphs (5) through (9) as paragraphs (7) through (11), respectively; (2) in paragraph (11)(A), as so redesignated, by inserting ``as a fire police officer, fire investigator'' after ``firefighter,''; and (3) by inserting after paragraph (4) the following: ``(5) `fire police officer' includes an individual who-- ``(A) is serving in accordance with State or local law as an officially recognized or designated member of a legally organized public safety agency; ``(B) is not a law enforcement officer, a firefighter, a chaplain, or a member of a rescue squad or ambulance crew described in paragraph (10)(A); and ``(C) is officially authorized to provide scene security or direct traffic-- ``(i) in response to any fire drill, fire call, or other fire, rescue, or police emergency; or ``(ii) at a planned special event; ``(6) `fire investigator' includes any individual who-- ``(A) is serving in accordance with State or local law as an officially recognized or designated member of a legally organized public safety agency; and ``(B) is officially authorized to conduct, coordinate and complete fire and explosion investigations;''. (b) Technical and Conforming Amendment.--Section 611(a) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (42 U.S.C. 3796c-1(a)) is amended-- (1) by striking ``section 1204(7)(B)'' and inserting ``section 1204(8)(B)''; and (2) by striking ``(42 U.S.C. 3796b(7)(B))'' and inserting ``(42 U.S.C. 3796b(8)(B))''.

Honoring Emergency Response Officers Benefits Reform Act of 2016 or the HERO Benefits Reform Act of 2016 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish, with respect to a public safety officer's death benefits, a rebuttable presumption that: (1) the officer acted properly at the time of injury or death, and (2) specified limitations on the officer's benefits do not apply. The bill also extends such benefits to fire police officers and fire investigators. In addition, with respect to an appeal of a determination to deny such benefits, the bill: (1) specifies that the standard of review shall be de novo (without deference to the determination), and (2) establishes certain exceptions to administrative exhaustion limitations.

HERO Benefits Reform Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security and Medicare Lock- box Act of 1999''. SEC. 2. PURPOSE. It is the purpose of this Act to put social security and Medicare solvency first, by prohibiting the use of social security surpluses, Medicare surpluses, and any other government surpluses for any purpose other than paying down publicly held debt, until legislation is enacted significantly extending the solvency of the social security and Medicare trust funds. SEC. 3. SURPLUSES RESERVED UNTIL SOCIAL SECURITY AND MEDICARE SOLVENCY LEGISLATION IS ENACTED. (a) In General.--Section 312 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(g) Surpluses Reserved Until Social Security and Medicare Solvency Legislation Is Enacted.-- ``(1) In general.--Until there is both a social security solvency certification and a Medicare solvency certification, it shall not be in order in the House of Representatives or the Senate to consider-- ``(A) any concurrent resolution on the budget, or conference report thereon or amendment thereto, that would use any portion of the baseline budget surpluses, or ``(B) any bill, joint resolution, amendment, motion, or conference report if-- ``(i) the enactment of that bill or resolution as reported, ``(ii) the adoption and enactment of that amendment, or ``(iii) the enactment of that bill or resolution in the form recommended in that conference report, would use any portion of the baseline budget surpluses. ``(2) Baseline budget surpluses.-- ``(A) In general.--For purposes of this subsection, the term `baseline budget surplus' means the sum of the on- and off-budget surpluses contained in the most recent baseline budget projections made by the Congressional Budget Office at the beginning of the annual budget cycle and no later than the month of March. ``(B) Baseline budget projection.--For purposes of subparagraph (A), the term `baseline budget projection' means the projection described in section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 of current year levels of outlays, receipts, and the surplus or deficit into the budget year and future years; except that outlays for programs subject to discretionary appropriations shall be projected at the lesser of any applicable statutory discretionary limits or the baseline level otherwise defined in such section 257. For purposes of this subsection, the baseline budget projection shall include both on-budget and off- budget outlays and receipts. ``(3) Use of portion of the baseline budget surpluses.--For purposes of this subsection, a portion of the baseline budget surpluses is used if, relative to the baseline budget projection-- ``(A) in the case of legislation affecting revenues, any net reduction in revenues in the current year or the budget year, or over the 5 or 10-year estimating periods beginning with the budget year, is not offset by reductions in direct spending, ``(B) in the case of legislation affecting direct spending, any net increase in direct spending in the current year or the budget year, or over such 5 or 10- year periods, is not offset by increases in revenues, and ``(C) in the case of an appropriations bill, there is a net increase in discretionary outlays in the current year or the budget year when the discretionary outlays from such bill are added to the discretionary outlays from all previously enacted appropriations bills. ``(4) Social security solvency certification.--For purposes of this subsection, the term `social security solvency certification' means a certification by the Board of Trustees of the Social Security Trust Funds that the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are, taken together, in actuarial balance for the 75-year period utilized in the most recent annual report of such Board of Trustees pursuant to section 201(c)(2) of the Social Security Act (42 U.S.C. 401(c)(2)). ``(5) Medicare solvency certification.--For purposes of this subsection, the term `Medicare solvency certification' means a certification by the Board of Trustees of the Federal Hospital Insurance Trust Fund that such Trust Fund is in actuarial balance for the 30-year period utilized in the most recent annual report of such Board of Trustees pursuant to section 1817(b) of the Social Security Act.'' (b) Super Majority Requirement.--(1) Section 904(c)(1) of the Congressional Budget Act of 1974 is amended by inserting ``312(g),'' after ``310(d)(2),''. (2) Section 904(d)(2) of the Congressional Budget Act of 1974 is amended by inserting ``312(g),'' after ``310(d)(2),''. SEC. 4. EFFECTIVE DATE. This Act shall take effect upon the date of its enactment and the amendments made by it shall apply only to fiscal year 2000 and subsequent fiscal years.

Social Security and Medicare Lock-box Act of 1999 - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate, until there is both a social security solvency certification and a Medicare solvency certification, to consider any concurrent budget resolution (or related conference report or amendment) that would use any portion of the baseline budget surpluses or any bill, joint resolution, amendment, motion, or conference report if the enactment of such legislation or amendment (or enactment of legislation in the form recommended in the conference report) would use any portion of such surpluses. Defines: (1) "baseline budget surplus" as the sum of the on- and off-budget surpluses contained in the most recent baseline budget projections by the Congressional Budget Office at the beginning of the annual budget cycle and no later than the month of March; (2) "social security solvency certification" as a certification by the Board of Trustees of the social security trust funds that the Federal Old-Age and Survivors and Disability Insurance Trust Funds are, taken together, in actuarial balance for the 75-year period utilized in a specified Board of Trustees annual report; and (3) "Medicare solvency certification" as a certification by the Board of Trustees of the Federal Hospital Insurance Fund that such fund is in actuarial balance for the 30-year period utilized in a specified Board of Trustees annual report. Declares that a portion of such surpluses is used if, relative to the baseline budget projection in the case of: (1) legislation affecting revenues, any net reduction in revenues in the current or budget year, or over the five or ten-year estimating periods beginning with the budget year, is not offset by reductions in direct spending; (2) legislation affecting direct spending, any net increase in such spending in the current or budget year, or over such five or ten-year periods, is not offset by increases in revenues; and (3) an appropriations bill, there is a net increase in discretionary outlays in the current or budget year when the discretionary outlays from such bill are added to the outlays from all previously enacted appropriations bills. Waives or suspends the point of order provided in this Act in the Senate only by an affirmative vote of three-fifths of the Members. Requires the same majority to sustain an appeal of a ruling of the Chair on such point of order.

Social Security and Medicare Lock-box Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Integration of Workers' Compensation Act of 1994''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``Commission'' means the Commission on Integration of Workers' Compensation Medical Benefits established under section 3(a). (2) The term ``health insurance plan'' means any insurance plan providing coverage for medical care (within the meaning of section 213(d)(1)(c) of the Internal Revenue Code of 1986), and includes any plan or program of the Federal Government providing such coverage. (3) The term ``State'' includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. (4) The term ``workers' compensation medical benefits'' means, with respect to an individual enrolled in a health insurance plan who is an employee subject to the workers' compensation laws of a State, the comprehensive medical benefits for work-related injuries and illnesses provided for under such laws with respect to such an employee. (5) The term ``workers' compensation carrier'' means an insurance company that underwrites workers' compensation medical benefits with respect to one or more employers and includes an employer or fund that is financially at risk for the provision of workers' compensation medical benefits. SEC. 3. COMMISSION ON INTEGRATION OF WORKERS' COMPENSATION MEDICAL BENEFITS. (a) Establishment.--There is hereby created a Commission on Integration of Workers' Compensation Medical Benefits. (b) Composition.-- (1) In general.--The Commission shall consist of the Director of the National Institute for Occupational Safety and Health (or the Director's designee) and 14 members appointed jointly by the Secretary of Health and Human Services and the Secretary of Labor. Appointed members of the Commission shall include the following: (A) One or more individuals representing State workers' compensation commissioners. (B) One or more individuals representing State workers' compensation funds. (C) One or more individuals representing organized labor. (D) One or more members representing employers (other than workers' compensation insurance carriers). (E) One or more members representing workers' compensation insurance carriers. (F) One or more members of the medical profession having expertise in occupational health. (G) One or more educators or researchers having expertise in the field of occupational health. (H) One or more members of the legal profession who regularly represent workers' compensation claimants. (2) Role of congress.--Of the members of the Commission appointed under paragraph (1)-- (A) 3 shall be appointed from among individuals recommended by the Speaker of the House of Representatives; (B) 3 shall be appointed from among individuals recommended by the Minority Leader of the House of Representatives; (C) 3 shall be appointed from among individuals recommended by the Majority Leader of the Senate; and (D) 3 shall be appointed from among individuals recommended by the Majority Leader of the Senate. (3) No compensation except travel expenses.--Members of the Commission shall serve without compensation, but the Secretaries 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. (4) Quorum.--Eight members of the Commission shall constitute a quorum. (c) Duties.-- (1) In general.--The Commission shall study and develop a detailed plan for implementing the transfer of financial responsibility for workers' compensation medical benefits to health insurance plans and make a recommendation as to whether such a transfer should be effected. (2) Implementation issues to be addressed.--In the development of a plan under paragraph (1), the Commission shall consider potential barriers to integration including the following: (A) Whether and how to maintain financial incentives for employers to prevent work-related illness and injury and to reduce workers' compensation costs. (B) Modifications of requirements for workers' compensation carrier and health insurance plan reserves, including any associated transition issues relating to the modification of such requirements. (C) The ability of health insurance plans to set capitated payment rates for workers' compensation costs, including the lack of availability of data for use by plans in setting such rates. (D) Coverage for benefits (including cost-sharing) not typically included in health insurance plans that are covered under State workers' compensation laws. (E) Variation among States in eligibility for medical and rehabilitation benefits, and the scope of such benefits, compensable under State workers' compensation laws. (F) The ability to move the financial responsibility for workers' compensation medical benefits from an experience-rated system to a community-rated system. (G) The need to provide appropriate incentives to encourage health insurance plans, providers of health cares services, and employers to return injured employees to work as soon as possible. (H) The effect of an integrated system on the ability to preserve adequate case management of workers' compensation cases. (I) The impact of an injured worker's choice of provider on the costs of medical care, losses in wages and benefits, and quality of care. (3) Evaluation issues to be addressed.--In making its recommendation under paragraph (1), the Commission shall consider both the potential benefits and potential disadvantages of such a transfer, including the likely impact on-- (A) the quality of medical care delivered to workers injured or made ill on the job; (B) the incentives for employers to maintain safe workplaces; and (C) workers' compensation indemnity benefit costs, medical costs and the overall cost of the workers' compensation system. (d) Staff Support.--The Secretaries shall provide staff support for the Commission. (e) Report.--The Commission shall submit a report on its work to the President and to the Congress by not later than 1 year after the date of the enactment of this Act. The report shall include the plan developed and its recommendation under subsection (c)(1). (f) Termination.--The Commission shall terminate 90 days after the date of submission of its report under subsection (e). (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 4. IMPLEMENTATION OF RECOMMENDATIONS. Unless Congress provides otherwise, if the report submitted by the Commission to the President under section 3(e) recommends the integration of financial responsibility for all medical benefits in health insurance plans, the Secretary of Labor and the Secretary of Health and Human Services shall promulgate regulations to carry out such integration.

Commission on Integration of Workers' Compensation Act of 1994 - Establishes the Commission on Integration of Workers' Compensation Medical Benefits. Directs the Commission to study and develop a detailed plan for implementing the transfer of financial responsibility for workers' compensation medical benefits to health insurance plans, and recommend whether such a transfer should be effected. Lists implementation and evaluation issues to be addressed. Requires a Commission report to the President and the Congress. Authorizes appropriations. Directs the Secretaries of Health and Human Services and of Labor to promulgate regulations to carry out such integration of financial responsibility for all medical benefits in health insurance plans if the Commission report recommends this and the Congress does not provide otherwise.

Commission on Integration of Workers' Compensation Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmaceutical Market Access Act of 2003''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Americans unjustly pay up to 1000 percent more to fill their prescriptions than consumers in other countries. (2) The United States is the world's largest market for pharmaceuticals yet consumers still pay the world's highest prices. (3) An unaffordable drug is neither safe nor effective. Allowing and structuring the importation of prescription drugs ensures access to affordable drugs, thus providing a level of safety to American consumers they do not currently enjoy. (4) According to the Congressional Budget Office, American seniors alone will spend $1.8 trillion dollars on pharmaceuticals over the next ten years. (5) Allowing open pharmaceutical markets could save American consumers at least $635 billion of their own money each year. SEC. 3. PURPOSES. The purposes of this Act are as follows: (1) To give all Americans immediate relief from the outrageously high cost of pharmaceuticals. (2) To reverse the perverse economics of the American pharmaceutical markets. (3) To allow the importation of drugs only if the drugs and the facilities where they are manufactured are approved by the Food and Drug Administration, and to exclude pharmaceutical narcotics. (4) To require that imported prescription drugs be packaged and shipped using counterfeit-resistant technologies approved by the Bureau of Engraving and Printing (technologies similar to those used to secure United States currency). SEC. 4. IMPORTATION OF PRESCRIPTION DRUGS. Section 804 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384) is amended-- (1) in subsection (a)-- (A) by striking ``The Secretary'' and inserting ``Not later than 180 days after the date of the enactment of the Pharmaceutical Market Access Act of 2003, the Secretary''; and (B) by striking ``pharmacists and wholesalers'' and inserting ``pharmacists, wholesalers, and qualifying individuals''; (2) in subsection (b)-- (A) by amending paragraph (1) to read as follows: ``(1) require that each covered product imported pursuant to such subsection complies with sections 501, 502, and 505, and other applicable requirements of this Act; and''; (B) in paragraph (2), by striking ``, including subsection (d); and'' and inserting a period; and (C) by striking paragraph (3); (3) in subsection (c), by inserting ``by pharmacists and wholesalers (but not qualifying individuals)'' after ``importation of covered products''; (4) in subsection (d)-- (A) by striking paragraphs (3) and (10); (B) in paragraph (5), by striking ``, including the professional license number of the importer, if any''; (C) in paragraph (6)-- (i) in subparagraph (C), by inserting ``(if required under subsection (e))'' before the period; (ii) in subparagraph (D), by inserting ``(if required under subsection (e))'' before the period; and (iii) in subparagraph (E), by striking ``labeling''; (D) in paragraph (7)-- (i) in subparagraph (A), by inserting ``(if required under subsection (e))'' before the period; and (ii) by amending subparagraph (B) to read as follows: ``(B) Certification from the importer or manufacturer of such product that the product meets all requirements of this Act.''; and (E) by redesignating paragraphs (4) through (9) as paragraphs (3) through (8), respectively; (5) by amending subsection (e) to read as follows: ``(e) Testing.-- ``(1) In general.--Subject to paragraph (2), regulations under subsection (a) shall require that testing referred to in paragraphs (5) through (7) of subsection (d) be conducted by the importer of the covered product, unless the covered product is a prescription drug subject to the requirements of section 505B for counterfeit-resistant technologies. ``(2) Exception.--The testing requirements of paragraphs (5) through (7) of subsection (d) shall not apply to an importer unless the importer is a wholesaler.''; (6) in subsection (f), by striking ``or designated by the Secretary, subject to such limitations as the Secretary determines to be appropriate to protect the public health''; (7) in subsection (g)-- (A) by striking ``counterfeit or''; and (B) by striking ``and the Secretary determines that the public is adequately protected from counterfeit and violative covered products being imported pursuant to subsection (a)''; (8) in subsection (i)(1)-- (A) by amending subparagraph (A) to read as follows: ``(A) In general.--The Secretary shall conduct, or contract with an entity to conduct, a study on the imports permitted pursuant to subsection (a), including consideration of the information received under subsection (d). In conducting such study, the Secretary or entity shall evaluate the compliance of importers with regulations under subsection (a), and the incidence of shipments pursuant to such subsection, if any, that have been determined to be misbranded or adulterated, and determine how such compliance contrasts with the incidence of shipments of prescription drugs transported within the United States that have been determined to be misbranded or adulterated.''; and (B) in subparagraph (B), by striking ``Not later than 2 years after the effective date of final regulations under subsection (a),'' and inserting ``Not later than 18 months after the date of the enactment of the Pharmaceutical Market Access Act of 2003,''; (9) in subsection (k)(2)-- (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following: ``(D) The term `qualifying individual' means an individual who is not a pharmacist or a wholesaler. ''; and (10) by striking subsections (l) and (m). SEC. 5. USE OF COUNTERFEIT-RESISTANT TECHNOLOGIES TO PREVENT COUNTERFEITING. (a) Misbranding.--Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352; deeming drugs and devices to be misbranded) is amended by adding at the end the following: ``(w) If it is a drug subject to section 503(b), unless the packaging of such drug complies with the requirements of section 505B for counterfeit-resistant technologies.''. (b) Requirements.--Title V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 505A the following: ``SEC. 505B. COUNTERFEIT-RESISTANT TECHNOLOGIES. ``(a) Incorporation of Counterfeit-Resistant Technologies Into Prescription Drug Packaging.--The Secretary shall require that the packaging of any drug subject to section 503(b) incorporate-- ``(1) overt optically variable counterfeit-resistant technologies that are described in subsection (b) and comply with the standards of subsection (c); or ``(2) technologies that have an equivalent function of security, as determined by the Secretary. ``(b) Eligible Technologies.--Technologies described in this subsection-- ``(1) shall be visible to the naked eye, providing for visual identification of product authenticity without the need for readers, microscopes, lighting devices, or scanners; ``(2) shall be similar to that used by the Bureau of Engraving and Printing to secure United States currency; ``(3) shall be manufactured and distributed in a highly secure, tightly controlled environment; and ``(4) should incorporate additional layers of non-visible covert security features up to and including forensic capability. ``(c) Standards for Packaging.-- ``(1) Multiple elements.--For the purpose of making it more difficult to counterfeit the packaging of drugs subject to section 503(b), manufacturers of the drugs shall incorporate the technologies described in subsection (b) into multiple elements of the physical packaging of the drugs, including blister packs, shrink wrap, package labels, package seals, bottles, and boxes. ``(2) Labeling of shipping container.--Shipments of drugs described in subsection (a) shall include a label on the shipping container that incorporates the technologies described in subsection (b), so that officials inspecting the packages will be able to determine the authenticity of the shipment. Chain of custody procedures shall apply to such labels and shall include procedures applicable to contractual agreements for the use and distribution of the labels, methods to audit the use of the labels, and database access for the relevant governmental agencies for audit or verification of the use and distribution of the labels.''. Passed the House of Representatives July 25 (legislative day, July 24), 2003. Attest: JEFF TRANDAHL, Clerk.

Pharmaceutical Market Access Act of 2003 - (Sec. 4) Amends the Federal Food, Drug and Cosmetic Act to direct the Secretary of Health and Human Services to promulgate regulations allowing qualifying individuals to import covered products (in addition to pharmacists and wholesalers, whom current law authorizes to import such products). Amends provision pertaining to record keeping regarding imported covered products. States that the Secretary shall not have to store records in cases in which qualifying individuals have imported a covered product. Amends provisions regarding the importation of covered products, including to remove language directing the Secretary to require that a foreign seller specify the original source of the product and the amount of each lot of the product originally received. Amends provisions regarding the testing of imported covered products. Declares that specified tests, including ones involving authenticity and degradation of products, shall not be required unless the importer is a wholesaler. Requires such tests to be conducted by the importer unless a product is a prescription drug subject to the provisions of this Act pertaining to counterfeit-resistant packaging. (Currently either the importer or the manufacturer may conduct such tests). Eliminates the sunset date current law establishes for the provisions pertaining to the importation of covered products. (Sec. 5) Classifies prescription drugs as misbranded if they do not incorporate specified counterfeit-resistant technologies in packaging.

To authorize the Secretary of Health and Human Services to promulgate regulations for the reimportation of prescription drugs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering Employees through Stock Ownership Act''. SEC. 2. TREATMENT OF QUALIFIED EQUITY GRANTS. (a) In General.-- (1) Election to defer income.--Section 83 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(i) Qualified Equity Grants.-- ``(1) In general.--For purposes of this subtitle, if qualified stock is transferred to a qualified employee who makes an election under this subsection-- ``(A) no amount shall be included in income under subsection (a) in the first taxable year in which the rights of the employee in such stock are transferable or are not subject to a substantial risk of forfeiture, whichever is applicable, and ``(B) an amount equal to the amount which would be included in income of the employee under subsection (a) (determined without regard to this subsection) shall be included in income in the taxable year of the employee which includes the earliest of-- ``(i) the date such qualified stock is sold, exchanged, or otherwise transferred, ``(ii) the date the employee first becomes an excluded employee, ``(iii) the first date on which any stock of the corporation which issued the qualified stock becomes readily tradable on an established securities market, ``(iv) the date that is 7 years after the first date the rights of the employee in such stock are transferable or are not subject to a substantial risk of forfeiture, whichever occurs earlier, or ``(v) the date on which the employee elects under this clause to include the amount in income. ``(2) Qualified stock.-- ``(A) In general.--For purposes of this subsection, the term `qualified stock' means any stock in a corporation if-- ``(i) the right to receive such stock was provided by the corporation-- ``(I) in connection with the performance of services as an employee, and ``(II) such right was received in year in which such corporation was an eligible corporation, and ``(ii) such stock is received-- ``(I) in connection with the exercise of an option, or ``(II) in settlement of a restricted stock unit. ``(B) Limitation.--The term `qualified stock' shall not include any stock if the employee may sell to, or otherwise receive cash in lieu of stock from, the corporation at the time that the rights of the employee are transferrable or are not subject to a substantial risk of forfeiture. ``(C) Eligible corporation.--For purposes of subparagraph (A)(i)(II)-- ``(i) In general.--The term `eligible corporation' means, with respect to any calendar year, any corporation if-- ``(I) no stock of such corporation is readily tradable on an established securities market during such calendar year or any preceding calendar year, and ``(II) such corporation has a written plan under which not less than 80 percent of all employees have the same rights and privileges to receive qualified stock for such calendar year. ``(ii) Same rights and privileges.--For purposes of clause (i)(II)-- ``(I) except as provided in subclauses (II) and (III), the determination of rights and privileges with respect to stock shall be determined in a similar manner as provided under section 423(b)(5), ``(II) employees shall not fail to be treated as having the same rights and privileges to receive qualified stock solely because the number of shares available to all employees are not equal in amount, so long as the number of shares available to each employee is more than a de minimis amount, and ``(III) the right to receive qualified stock described subparagraph (A)(ii)(I) shall not be treated as the same right or privilege as the right to receive qualified stock described in subparagraph (A)(ii)(II). ``(iii) Employee.--For purposes of clause (i)(II), the term `employee' shall not include any employee described in section 4980E(d)(4) or any excluded employee. ``(iv) Special rule for calendar years before 2017.--In the case of any calendar year beginning before January 1, 2017, clause (i)(II) shall be applied without regard to whether the rights and privileges with respect to the qualified stock are the same. ``(3) Qualified employee; excluded employee.--For purposes of this subsection-- ``(A) In general.--The term `qualified employee' means any individual who-- ``(i) is not an excluded employee, and ``(ii) agrees to meet such requirements as determined by the Secretary to be necessary to ensure that the withholding requirements of the corporation under chapter 24 with respect to the qualified stock are met. ``(B) Excluded employee.--The term `excluded employee' means, with respect to any corporation, any individual-- ``(i) who is or has been at any prior time a 1-percent owner (within the meaning of section 416(i)(1)(B)(ii)), ``(ii) who is or has been at any prior time-- ``(I) the chief executive officer of such corporation or an individual acting in such a capacity, or ``(II) the chief financial officer of such corporation or an individual acting in such a capacity, ``(iii) who bears a relationship described in section 318(a)(1) to any individual described in subclause (I) or (II) of clause (ii), or ``(iv) who is or has been for any prior taxable year one of the 4 highest compensated officers of such corporation determined on the basis of the shareholder disclosure rules for compensation under the Securities Exchange Act of 1934 (as if such rules applied to such corporation). ``(4) Election.-- ``(A) Time for making election.--An election with respect to qualified stock shall be made under this subsection no later than 30 days after the first time the rights of the employee in such stock are transferable or are not subject to a substantial risk of forfeiture, whichever occurs earlier. ``(B) Limitations.--No election may be made under this section with respect to any qualified stock if-- ``(i) the qualified employee has made an election under subsection (b) with respect to such qualified stock, or ``(ii) any stock of the corporation which issued the qualified stock is readily tradable on an established securities market at any time before the election is made. ``(5) Other rules.-- ``(A) Controlled groups.--For purposes of this subsection, all corporations which are members of the same controlled group of corporations (as defined in section 1563(a)) shall be treated as one corporation. ``(B) Notice requirement.--Any corporation that transfers qualified stock to an employee shall notify such employee that-- ``(i) the employee may elect to defer income on such stock under this subsection, and ``(ii) if the employee makes such an election, the amount of income recognized at the end of the deferral period will be based on the value of the stock at the time at which the rights of the employee in such stock are transferable or are not subject to substantial risk of forfeiture, notwithstanding whether the value of the stock has declined during the deferral period.''. (2) Deduction by employer.--Subsection (h) of section 83 of the Internal Revenue Code of 1986 is amended by striking ``or (d)(2)'' and inserting ``(d)(2), or (i)''. (b) Withholding.-- (1) Time of withholding.--Section 3401 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(i) Qualified Stock for Which an Election Is in Effect Under Section 83(i).--For purposes of subsection (a), qualified stock (as defined in section 83(i)) with respect to which an election is made under section 83(i) shall be treated as wages-- ``(1) received on the earliest date described in section 83(i)(1)(B), and ``(2) in an amount equal to the amount included in income under section 83 for the taxable year which includes such date.''. (2) Amount of withholding.--Section 3402 of such Code is amended by adding at the end the following new subsection: ``(t) Rate of Withholding for Certain Stock.--In the case of any qualified stock (as defined in section 83(i)) with respect to which an election is made under section 83(i), the rate of tax under subsection (a) shall not be less than the maximum rate of tax in effect under section 1.''. (c) Coordination With Other Deferred Compensation Rules.-- (1) Election to apply deferral to statutory options.-- (A) Incentive stock options.--Section 422(b) of the Internal Revenue Code of 1986 is amended by inserting ``or any option with respect to which an election is made under section 83(i)'' after ``as an incentive stock option''. (B) Employee stock purchase plans.--Section 423(a) of such Code is amended by adding at the end the following flush sentence: ``The preceding sentence shall not apply to any share of stock or option with respect to which an election is made under section 83(i).''. (2) Exclusion from definition of nonqualified deferred compensation plan.--Subsection (d) of section 409A of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(7) Treatment of qualified stock.--Receipt of stock shall not be treated as a nonqualified deferred compensation plan solely because of an election under 83(i).''. (d) Information Reporting.--Section 6051 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (6) the following new paragraph: ``(7) the amounts subject to subparagraphs (A) and (B) of section 83(i)(1),''. (e) Penalty for Failure of Employer To Provide Notice of Tax Consequences.--Section 6652 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(o) Failure To Provide Notice Under Section 83(i).--In the case of each failure to provide a notice as required by section 83(i)(5)(B), at the time prescribed therefor, unless it is shown that such failure is due to reasonable cause and not to willful neglect, there shall be paid, on notice and demand of the Secretary and in the same manner as tax, by the person failing to provide such notice, an amount equal to $100 for each such failure, but the total amount imposed on such person for all such failures during any calendar year shall not exceed $50,000.''. (f) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to any property-- (A) in which the rights of the person who has the beneficial interest in such property are not transferable before January 1, 2017, and (B) which is subject to a substantial risk of forfeiture before such date. (2) Requirement to provide notice.--The amendments made by subsection (e) shall apply to failures after December 31, 2016.

Empowering Employees through Stock Ownership Act This bill amends the Internal Revenue Code to allow an employee to elect to defer, for income tax purposes, income attributable to certain stock transferred to the employee by an employer. The employee may defer the inclusion of income from the stock until the year that includes the earliest of the dates on which: the stock is sold, exchanged, or otherwise transferred; the employee becomes an excluded employee; stock of the corporation becomes readily tradable on an established securities market; seven years has passed after the rights of the employee in the stock are transferrable or are not subject to a substantial risk of forfeiture, whichever occurs earlier; or the employee elects to include the amount in income. The stock must meet specified requirements and be transferred to the employee from an eligible corporation in connection with the performance of services as an employee. A corporation is eligible if: (1) no stock of the corporation is readily tradable on an established securities market during the year or any preceding year, and (2) it has a written plan under which at least 80% of all employees have the same rights and privileges to receive stock for the year. Employees are excluded if they are or have been: (1) a 1% owner, the chief executive officer, or the chief financial officer of the corporation; (2) a family member of the specified individuals; (3) or one of the four highest compensated officers of the corporation. The corporation transferring stock must notify employees regarding the option of deferring income and meet specified withholding and reporting requirements.

Empowering Employees through Stock Ownership Act

SECTION 1. FINDINGS. Congress finds that-- (1) born in 1928 in Latrobe, Pennsylvania, Fred McFeely Rogers, was raised in an environment where education was highly valued, and which fostered an active imagination; (2) Fred Rogers earned his bachelor's degree in music composition at Rollins College in Winter Park, Florida in 1951; (3) upon graduation, he was hired by NBC television in New York as an assistant producer for ``The Voice of Firestone'', and later as floor director for ``The Lucky Strike Hit Parade'', ``The Kate Smith Hour'', and the ``NBC Opera Theatre''; (4) Fred Rogers later studied child development at the University of Pittsburgh, attended Pittsburgh Theological Seminary, and was ordained as a Presbyterian minister; (5) in 1953, Fred Rogers began production of the television program ``The Children's Corner'', one of his first efforts as a producer, which was a live, daily, hour-long variety show that incorporated his talents as a musician and puppeteer; (6) in 1955, ``The Children's Corner'' won the Sylvania Award for the best locally produced children's program in the country; (7) it was on this program that Fred Rogers developed and first introduced us to his puppet characters, such as King Friday XIII, Daniel Striped Tiger, X the Owl, Henrietta Pussycat, and Lady Elaine Fairchilde; (8) Fred Rogers produced ``Mister Rogers' Neighborhood'', and hosted the show on the Public Broadcasting Service (PBS) from 1968 until the airing of the final episode in 2001; (9) it was through ``Mister Rogers' Neighborhood'' that Fred Rogers invited both grownups and children alike to actively engage their imaginations, and through the use of stories, songs, and puppets, Fred Rogers infused laughter and life lessons into each episode; (10) time spent in Mr. Rogers' home taught children about being a good neighbor, sharing, and expressing thoughts and emotions; (11) transported by the famous trolley to the ``Land of Make Believe'', ``Mister Rogers' Neighborhood'' allowed children to escape to a safe place that creatively encouraged them to use their imaginations and showed them the benefits of being a friendly neighbor; (12) ``Mister Rogers' Neighborhood'' was the longest- running program on PBS, and was created and filmed in Fred Rogers' hometown of Pittsburgh, Pennsylvania; (13) Fred Rogers' caring, genuine spirit reflected the values shared by the people of southwestern Pennsylvania and by so many neighborhoods throughout the country; (14) ``Mister Rogers' Neighborhood'' continues to air as a nurturing, educational program for children, emphasizing the value of every individual and helping children understand how they fit into their families, communities, and country; (15) each episode of ``Mister Rogers' Neighborhood'' was carefully crafted by Fred Rogers to convey wholesome, uplifting messages for the children who watched; (16) Fred Rogers was appointed Chairman of the Forum on Mass Media and Child Development of the White House Conference on Youth in 1968; (17) winning 4 Emmy Awards, ``Lifetime Achievement'' Awards from the National Academy of Television Arts and Sciences and the TV Critics Association, and 2 George Foster Peabody Awards, Fred Rogers won every major award in television for which he was eligible, and was inducted into the Television Hall of Fame in 1999; (18) President George W. Bush awarded Fred Rogers the Presidential Medal of Honor in 2002, and throughout his lifetime, Fred Rogers was presented with over 40 honorary degrees from colleges and universities; and (19) in a country where children face neglect and may live without the benefit of loving parents, Fred McFeely Rogers succeeded, through his simple television program, in connecting with children on an intellectual and emotional level, while teaching them to value themselves and others. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President is authorized, on behalf of the Congress, to posthumously award a gold medal of appropriate design to Fred McFeely Rogers. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2, under such regulations as the Secretary may prescribe, and at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. FUNDING. (a) Authority to Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000, to pay for the cost of the medals authorized by this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Authorizes the President to posthumously award a gold medal, on behalf of Congress, to Fred McFeely Rogers ("Mister Rogers" of "Mister Rogers Neighborhood" public television program) in recognition of his lasting contributions to the application of creativity and imagination in the early education of our Nation's children, and to his lasting example to the Nation and the world of what it means to be a good neighbor.

A bill to authorize the President to posthumously award a gold medal on behalf of the Congress to Fred McFeely Rogers, in recognition of his lasting contributions to the application of creativity and imagination in the early education of our Nation's children, and to his lasting example to the Nation and the world of what it means to be a good neighbor.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Copyright Improvement Act of 1995''. SEC. 2. CRIMINAL INFRINGEMENT OF COPYRIGHTS. (a) Definition of Financial Gain.--Section 101 of title 17, United States Code, is amended by inserting after the undesignated paragraph relating to the term ``display'', the following new paragraph: ``The term `financial gain' includes receipt of anything of value, including the receipt of other copyrighted works.''. (b) Criminal Offenses.--Section 506(a) of title 17, United States Code, is amended to read as follows: ``(a) Criminal Infringement.--Any person who infringes a copyright willfully either-- ``(1) for purposes of commercial advantage or private financial gain; or ``(2) by the reproduction or distribution, including by transmission, or assisting others in such reproduction or distribution, of 1 or more copies, of 1 or more copyrighted works, which have a total retail value of $5,000 or more, shall be punished as provided under section 2319 of title 18.''. (c) Limitation on Criminal Proceedings.--Section 507(a) of title 17, United States Code, is amended by striking out ``three'' and inserting in lieu thereof ``five''. (d) Criminal Infringement of a Copyright.--Section 2319 of title 18, United States Code, is amended-- (1) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking out ``subsection (a) of this section'' and inserting in lieu thereof ``section 506(a)(1) of title 17''; (B) in paragraph (1)-- (i) by inserting ``including by transmission, or assisting others in such reproduction or distribution,'' after ``if the offense consists of the reproduction or distribution,''; (ii) by striking out ``with a retail value of more than $2,500'' and inserting in lieu thereof ``which have a total retail value of more than $5,000''; and (iii) by adding ``and'' at the end thereof; (C) by striking out paragraph (2); and (D) by redesignating paragraph (3) as paragraph (2); and (2) by redesignating subsection (c) as subsection (f) and inserting after subsection (b) the following: ``(c) Any person who commits an offense under section 506(a)(2) of title 17-- ``(1) shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by transmission, or assisting others in such reproduction or distribution, of 1 or more copyrighted works, which have a total retail value of more than $10,000; and ``(2) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, in any other case. ``(d) Any person who commits an offense under subsection (a) shall be imprisoned not more than 10 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent felony offense under that subsection. ``(e)(1) During preparation of the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate works affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such works; and ``(C) the legal representatives of such producers, sellers, and holders.''. (e) Unauthorized Fixation and Trafficking of Live Musical Performances.--Section 2319A of title 18, United States Code, is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: ``(d) Victim Impact Statement.--(1) During preparation of the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate works affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such works; and ``(C) the legal representatives of such producers, sellers, and holders.''. (f) Trafficking in Counterfeit Goods or Services.--Section 2320 of title 18, United States Code, is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d)(1) During preparation of the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate goods or services affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such goods or services; and ``(C) the legal representatives of such producers, sellers, and holders.''. (g) Directive to Sentencing Commission.--(1) Under the authority of the Sentencing Reform Act of 1984 (Public Law 98-473; 98 Stat. 1987) and section 21 of the Sentencing Act of 1987 (Public Law 100-182; 101 Stat. 1271; 18 U.S.C. 994 note) (including the authority to amend the sentencing guidelines and policy statements), the United States Sentencing Commission shall ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property (including offenses set forth at section 506(a) of title 17, United States Code, and sections 2319, 2319A and 2320 of title 18, United States Code) is sufficiently stringent to deter such a crime, and to adequately reflect the additional considerations set forth in paragraph (2) of this subsection. (2) In implementing paragraph (1), the Sentencing Commission shall ensure that the guidelines provide for consideration of the retail value of the legitimate items that are infringed upon and the quantity of items so infringed.

Criminal Copyright Improvement Act of 1995 - Amends Federal copyright law to define "financial gain" to include the receipt of anything of value, including the receipt of other copyrighted works. Sets penalties for willfully infringing a copyright by reproducing or distributing, including by transmission, or assisting others in the reproduction or distribution of, one or more copies of one or more copyrighted works which have a total retail value of $5,000 or more. Extends the statute of limitations for criminal copyright infringement from three to five years. Revises Federal criminal code provisions regarding criminal copyright infringement to provide for a fine and up to five years' imprisonment for infringing a copyright: (1) for purposes of commercial advantage or private financial gain, by reproducing or distributing, including by transmission, or assisting others in such reproduction or distribution, during any 180-day period, of at least ten copies or phonorecords of one or more copyrighted works which have a total retail value of more than $5,000; or (2) otherwise by reproducing or distributing one or more copyrighted works which have a total retail value of more than $10,000. Provides for: (1) up to one year's imprisonment in any other such infringement case; and (2) up to ten years' imprisonment for a second or subsequent felony offense. Requires, during preparation of the presentence report in cases of criminal copyright infringement, unauthorized fixation and trafficking of live musical performances, and trafficking in counterfeit goods or services, that victims of the offense be permitted to submit, and the probation officer receive, a victim impact statement that identifies the victim and the extent and scope of the victim's injury and loss, including the estimated economic impact of the offense on that victim. Directs the U.S. Sentencing Commission to ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property is sufficiently stringent to deter such a crime and to adequately reflect consideration of the retail value of the legitimate items that are infringed upon and the quantity of items so infringed.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Executive Board Authorization Act of 2009''. SEC. 2. FEDERAL EXECUTIVE BOARDS. (a) In General.--Chapter 11 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 1106. Federal Executive Boards ``(a) Purposes.--The purposes of this section are to-- ``(1) strengthen the coordination of Government activities; ``(2) facilitate interagency collaboration to improve the efficiency and effectiveness of Federal programs; ``(3) facilitate communication and collaboration on Federal emergency preparedness and continuity of operations for the Federal workforce in applicable geographic areas; and ``(4) provide stable funding for Federal Executive Boards. ``(b) Definitions.--In this section: ``(1) Agency.--The term `agency'-- ``(A) means an Executive agency as defined under section 105; and ``(B) shall not include the Government Accountability Office. ``(2) Director.--The term `Director' means the Director of the Office of Personnel Management. ``(3) Federal executive board.--The term `Federal Executive Board' means an interagency entity established by the Director, in consultation with the headquarters of appropriate agencies, in a geographic area with a high concentration of Federal employees outside the Washington, D.C. metropolitan area to strengthen the management and administration of agency activities and coordination among local Federal officers to implement national initiatives in that geographic area. ``(c) Establishment.-- ``(1) In general.--The Director shall establish Federal Executive Boards in geographic areas outside the Washington, D.C. metropolitan area. Before establishing Federal Executive Boards that are not in existence on the date of enactment of this section, the Director shall consult with the headquarters of appropriate agencies to determine the number and location of the Federal Executive Boards. ``(2) Membership.--Each Federal Executive Board for a geographic area shall consist of an appropriate senior officer for each agency in that geographic area. The appropriate senior officer may designate, by title of office, an alternate representative who shall attend meetings and otherwise represent the agency on the Federal Executive Board in the absence of the appropriate senior officer. An alternate representative shall be a senior officer in the agency. ``(3) Location of federal executive boards.--In determining the location for the establishment of Federal Executive Boards, the Director shall consider-- ``(A) whether a Federal Executive Board exists in a geographic area on the date of enactment of this section; ``(B) whether a geographic area has a strong, viable, and active Federal Executive Association; ``(C) whether the Federal Executive Association of a geographic area petitions the Director to become a Federal Executive Board; and ``(D) such other factors as the Director and the headquarters of appropriate agencies consider relevant. ``(d) Administration and Oversight.-- ``(1) In general.--The Director shall provide for the administration and oversight of Federal Executive Boards, including-- ``(A) establishing staffing policies in consultation with the headquarters of agencies participating in Federal Executive Boards; ``(B) designating an agency to staff each Federal Executive Board based on recommendations from that Federal Executive Board; ``(C) establishing communications policies for the dissemination of information to agencies; ``(D) in consultation with the headquarters of appropriate agencies, establishing performance standards for the Federal Executive Board staff; ``(E) developing accountability initiatives to ensure Federal Executive Boards are meeting performance standards; and ``(F) administering Federal Executive Board funding through the fund established in subsection (f). ``(2) Staffing.--In making designations under paragraph (1)(B), the Director shall give preference to agencies staffing Federal Executive Boards. ``(e) Governance and Activities.-- ``(1) In general.--Each Federal Executive Board shall-- ``(A) subject to the approval of the Director, adopt by-laws or other rules for the internal governance of the Federal Executive Board; ``(B) elect a Chairperson from among the members of the Federal Executive Board, who shall serve for a set term; ``(C) serve as an instrument of outreach for the national headquarters of agencies relating to agency activities in the geographic area; ``(D) provide a forum for the exchange of information relating to programs and management methods and problems-- ``(i) between the national headquarters of agencies and the field; and ``(ii) among field elements in the geographic area; ``(E) develop local coordinated approaches to the development and operation of programs that have common characteristics; ``(F) communicate management initiatives and other concerns from Federal officers and employees in the Washington, D.C. area to Federal officers and employees in the geographic area to achieve better mutual understanding and support; ``(G) develop relationships with State and local governments and nongovernmental organizations to help fulfill the roles and responsibilities of that Board; ``(H) in coordination with appropriate agencies and consistent with any relevant memoranda of understanding between the Office of Personnel Management and such agencies, facilitate communication, collaboration, and training to prepare the Federal workforce for emergencies and continuity of operations; and ``(I) take other actions as agreed to by the Federal Executive Board and the Director. ``(2) Coordination of certain activities.--The facilitation of communication, collaboration, and training described under paragraph (1)(H) shall, when appropriate, be coordinated and defined through memoranda of understanding entered into between the Director and headquarters of appropriate agencies. ``(f) Funding.-- ``(1) Establishment of fund.--The Director shall establish a fund within the Office of Personnel Management for financing essential Federal Executive Board functions-- ``(A) including basic staffing and operating expenses; and ``(B) excluding the costs of the Office of Personnel Management relating to administrative and oversight activities conducted under subsection (d). ``(2) Deposits.--There shall be deposited in the fund established under paragraph (1) contributions from the headquarters of each agency participating in Federal Executive Boards, in an amount determined by a formula established by the Director, in consultation with the headquarters of such agencies and the Office of Management and Budget. ``(3) Contributions.-- ``(A) Formula.--The formula for contributions established by the Director shall consider the number of employees in each agency in all geographic areas served by Federal Executive Boards. The contribution of the headquarters of each agency to the fund shall be recalculated at least every 2 years. ``(B) In-kind contributions.--At the sole discretion of the Director, the headquarters of an agency may provide in-kind contributions instead of providing monetary contributions to the fund. ``(4) Use of excess amounts.--Any unobligated and unexpended balances in the fund which the Director determines to be in excess of amounts needed for essential Federal Executive Board functions shall be allocated by the Director, in consultation with the headquarters of agencies participating in Federal Executive Boards, among the Federal Executive Boards for the activities under subsection (e) and other priorities, such as conducting training. ``(5) Administrative and oversight costs.--The Office of Personnel Management shall pay for costs relating to administrative and oversight activities conducted under subsection (d) from appropriations made available to the Office of Personnel Management. ``(g) Reports.--The Director shall submit annual reports to Congress and agencies on Federal Executive Board program outcomes and budget matters. ``(h) Regulations.--The Director shall prescribe regulations necessary to carry out this section.''. (b) Report.--Not later than 60 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives that includes-- (1) a description of essential Federal Executive Board functions; (2) details of basic staffing requirements for each Federal Executive Board; (3) estimates of basic staffing and operating expenses for each Federal Executive Board; and (4) a comparison of basic staffing and operating expenses for Federal Executive Boards operating before the date of enactment of this Act and such expenses for Federal Executive Boards after the implementation of this Act. (c) Technical and Conforming Amendments.--The table of sections for chapter 11 of title 5, United States Code, is amended by inserting after the item relating to section 1105 the following: ``1106. Federal Executive Boards.''. Passed the Senate November 5, 2009. Attest: NANCY ERICKSON, Secretary.

Federal Executive Board Authorization Act of 2009 - Requires the Director of the Office of Personnel Management (OPM) to establish Federal Executive Boards, which are defined as interagency entities established in a geographic area with a high concentration of federal employees outside the Washington, D.C. metropolitan area to strengthen the management and administration of agency activities and coordination among local federal officers to implement national initiatives in that area. Requires each Board for a geographic area to consist of a senior officer for each agency in that area. Requires the Director to: (1) consider specified factors in determining the location for establishment of such Boards, such as whether a geographic area has a strong, viable, and active Federal Executive Association and whether such Association petitions to become a Board; and (2) provide for the administration and oversight of such Boards, including by establishing staffing and communications policies and performance standards for Board staff. Requires each Board to: (1) serve as an instrument of outreach for the national headquarters of agencies relating to agency activities in the geographic area; (2) provide a forum for the exchange of information relating to programs and management methods and problems between the national headquarters of agencies and the field; (3) develop local coordinated approaches to the development and operation of programs that have common characteristics; (4) communicate management initiatives and other concerns from federal officers and employees in the Washington, D.C. area to federal officers and employees in the geographic area to achieve better mutual understanding and support; (5) develop relationships with state and local governments and nongovernmental organizations to help fulfill the roles and responsibilities of that Board; and (6) facilitate communication, collaboration, and training to prepare the federal workforce for emergencies and continuity of operations. Requires the Director to: (1) establish a fund within OPM for financing essential Board functions, into which contributions from the headquarters of each participating agency shall be deposited; (2) submit annual reports to Congress and agencies on Board program outcomes and budget matters; and (3) report to specified congressional committees on essential Board functions, staffing requirements, and staffing and operating expenses.

A bill to provide for the establishment, administration, and funding of Federal Executive Boards, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Taxation on Device Innovation Act''. SEC. 2. REPEAL OF THE MEDICAL DEVICE EXCISE TAX. (a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is amended by striking subchapter E. (b) Conforming Amendments.-- (1) Subsection (a) of section 4221 of such Code is amended by striking the last sentence. (2) Paragraph (2) of section 6416(b) of such Code is amended by striking the last sentence. (c) Clerical Amendment.--The table of subchapters for chapter 32 of such Code is amended by striking the item related to subchapter E. (d) Effective Date.--The amendments made by this section shall apply to sales after December 31, 2017. SEC. 3. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR MAJOR INTEGRATED OIL COMPANIES. (a) In General.--Section 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Major Integrated Oil Companies.--Notwithstanding any other provision of this section, a major integrated oil company (as defined in section 167(h)) may not use the method provided in subsection (b) in inventorying of any goods.''. (b) Effective Date and Special Rule.-- (1) In general.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2017. (2) Change in method of accounting.--In the case of any taxpayer required by the amendment made by this section to change its method of accounting for its first taxable year beginning after the date of the enactment of this Act-- (A) such change shall be treated as initiated by the taxpayer; (B) such change shall be treated as made with the consent of the Secretary of the Treasury; and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over a period (not greater than 8 taxable years) beginning with such first taxable year. SEC. 4. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES. (a) Definitions.--In this section: (1) Covered lease.--The term ``covered lease'' means a lease for oil or gas production in the Gulf of Mexico that is-- (A) in existence on the date of enactment of this Act; (B) issued by the Department of the Interior under section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act (43 U.S.C. 1337 note; Public Law 104-58); and (C) not subject to limitations on royalty relief based on market price that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Lessee.--The term ``lessee'' includes any person or other entity that controls, is controlled by, or is in or under common control with, a lessee. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Issuance of New Leases.-- (1) In general.--The Secretary shall not issue any new lease that authorizes the production of oil or natural gas under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) to a person described in paragraph (2) unless the person has renegotiated each covered lease with respect to which the person is a lessee to modify the payment responsibilities of the person to require the payment of royalties if the price of oil and natural gas is greater than or equal to the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Persons described.--A person referred to in paragraph (1) is a person that-- (A) is a lessee that-- (i) holds a covered lease on the date on which the Secretary considers the issuance of the new lease; or (ii) was issued a covered lease before the date of enactment of this Act, but transferred the covered lease to another person or entity (including a subsidiary or affiliate of the lessee) after the date of enactment of this Act; or (B) any other person that has any direct or indirect interest in, or that derives any benefit from, a covered lease. (3) Multiple lessees.-- (A) In general.--For purposes of paragraph (1), if there are multiple lessees that own a share of a covered lease, the Secretary may implement separate agreements with any lessee with a share of the covered lease that modifies the payment responsibilities with respect to the share of the lessee to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (B) Treatment of share as covered lease.--Beginning on the effective date of an agreement under subparagraph (A), any share subject to the agreement shall not constitute a covered lease with respect to any lessees that entered into the agreement. (c) Transfers.--A lessee or any other person who has any direct or indirect interest in, or who derives a benefit from, a lease shall not be eligible to obtain by sale or other transfer (including through a swap, spinoff, servicing, or other agreement) any covered lease, the economic benefit of any covered lease, or any other lease for the production of oil or natural gas in the Gulf of Mexico under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless the lessee or other person has-- (1) renegotiated each covered lease with respect to which the lessee or person is a lessee, to modify the payment responsibilities of the lessee or person to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or (2) entered into an agreement with the Secretary to modify the terms of all covered leases of the lessee or other person to include limitations on royalty relief based on market prices that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (d) Price Thresholds for Royalty Suspension Provisions.-- (1) In general.--The Secretary shall agree to a request by any lessee to amend any lease issued for any Central and Western Gulf of Mexico tract during the period of January 1, 1996, through November 28, 2000, to incorporate price thresholds applicable to royalty suspension provisions, that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Requirement.-- (A) In general.--A lease amended under paragraph (1) shall impose the new or revised price thresholds effective January 1, 2018. (B) Existing lease provisions.--Existing lease provisions for a lease amended under paragraph (1) shall prevail through December 31, 2017.

No Taxation on Device Innovation Act This bill amends the Internal Revenue Code to repeal the excise tax on medical devices. The bill also prohibits: (1) major integrated oil companies from using the last-in, first-out (LIFO) accounting method; and (2) the issuance of new oil or natural gas production leases in the Gulf of Mexico under the Outer Continental Shelf Lands Act to any person who does not renegotiate certain existing leases to require royalty payments if the price of oil and natural gas is greater than or equal to specified price thresholds.

No Taxation on Device Innovation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healing the Invisible Wounds Act of 2006''. SEC. 2. NOTICE AND WAIT ON MODIFICATION OF HANDLING OF POST-TRAUMATIC STRESS DISORDER UNDER DISABILITY COMPENSATION RATING SYSTEM. The Secretary of Veterans Affairs may not implement any modification in the manner in which Post-Traumatic Stress Disorder (PTSD) is handled in the rating of service-connected disabilities for purposes of the payment of compensation under chapter 11 of title 38, United States Code, until the date that is six months after the date on which the Secretary submits to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on such proposed modification. SEC. 3. COUNSELING FOR MEMBERS OF THE NATIONAL GUARD AND RESERVES RETURNING FROM DEPLOYMENT IN A COMBAT THEATER. (a) Expansion of Reunion and Re-Entry From Combat Program.-- (1) In general.--The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall provide to each member of the National Guard and Reserves described in subsection (b) the counseling services described in subsection (c) upon the return of such member from a deployment in a combat theater. (2) Purpose of services.--The purpose of the counseling services provided under this section is to assist members of the National Guard and Reserves described in subsection (b) in making the readjustment to civilian life in the United States upon their return from a combat theater. (b) Covered Members of the National Guard and Reserves.--A member of the National Guard and Reserves described in this subsection is any member of the National Guard or the Reserves who serves on active duty in a combat theater. (c) Counseling To Be Provided.--The counseling services to be provided under this subsection shall include the following: (1) A session of group counseling provided to such member together with such other number of members as the Secretary determines appropriate for the purpose of this section. (2) A session, of not less than one hour duration, of private counseling provided to such member. (3) A presentation on counseling-related matters, including on the readjustment counseling and related mental health services available under section 1712A of title 38, United States Code, provided to the family of such member. (4) Such other counseling services as the Secretary determines appropriate for the purpose of this section. (d) Means of Providing Counseling.--Counseling services shall be provided under this section through the personnel of the centers (commonly referred to as ``vet centers'') providing readjustment counseling and related mental health services for veterans under section 1712A of title 38, United States Code. (e) Timing of Counseling.--The counseling provided to a member of the National Guard and Reserves under paragraphs (1) and (2) of subsection (c) shall be provided not later than 14 days after the date of the return of the member to the member's home following a deployment to a combat theater. (f) Retention on Active Duty Pending Counseling.--A member of the National Guard and Reserves described in subsection (a) shall be retained on active duty in the Armed Forces until the provision of the counseling required to be provided under paragraphs (1) and (2) of subsection (c). (g) Additional Counseling.--The Secretary shall ensure that the centers referred to in subsection (d), as part of the discharge of their functions under section 1712A of title 38, United States Code, provide, and have sufficient resources to provide, such follow-up and additional counseling services to veterans described in subsection (a) as such veterans shall request from such centers, in accordance with applicable law. (h) Report.-- (1) Report required.--Not later than one year after the date of the commencement of the provision of counseling services under this section, the Secretary shall submit to the appropriate committees of Congress a report on the provision of such services under this section. (2) Elements.--The report required by paragraph (1) shall include information as follows: (A) The cost of the provision of counseling services under this section. (B) An assessment of the efficacy of such services in meeting the readjustment needs of veterans described in subsection (a). (C) An assessment (based on surveys or such information as the Secretary considers appropriate) of the satisfaction of veterans described in subsection (a) with the services provided under this section, including the manner in which such services are provided. (D) The number of followup visits for counseling and services of veterans described in subsection (a) and the number of visits of family members of such veterans for counseling and services. (E) Such recommendations as the Secretary considers appropriate in order to enhance the services provided under this section, including the manner in which such services are provided. (i) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committees on Veterans' Affairs and Armed Services of the Senate; and (2) the Committees on Veterans' Affairs and Armed Services of the House of Representatives. (j) Authorization of Appropriations.--There is authorized to be appropriated to the Department of Veterans Affairs for fiscal year 2007, such sums as may be necessary for the provision of counseling services under this section. SEC. 4. FUNDING FOR VET CENTERS. There is authorized to be appropriated to the Department of Veterans Affairs for fiscal year 2007, $180,000,000 for the provision of readjustment counseling and related mental health services through centers (commonly referred to as ``vet centers'') under section 1712A of title 38, United States Code.

Healing the Invisible Wounds Act of 2006 - Prohibits the Secretary of Veterans Affairs from implementing any modification in the manner in which post-traumatic stress disorder (PTSD) is handled in the rating of service-connected disabilities for purposes of the payment of veterans' disability compensation until six months after the Secretary reports to the congressional veterans' committees on the proposed modification. Directs the Secretary to provide to each member of the National Guard and reserves who serves on active duty in a combat theater a session of group counseling, a session of private counseling, and a presentation on counseling-related matters to the family of such member. Requires the member's counseling to be provided within 14 days after their return from such deployment. Authorizes additional counseling upon member request.

A bill to enhance the counseling and readjustment services provided by the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Permanent Stewardship Contracting Authority Act of 2013''. SEC. 2. STEWARDSHIP END RESULT CONTRACTING PROJECTS. (a) In General.--Title VI of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591) is amended by adding at the end the following: ``SEC. 602. STEWARDSHIP END RESULT CONTRACTING PROJECTS. ``(a) Definitions.--In this section: ``(1) Chief.--The term `Chief' means the Chief of the Forest Service. ``(2) Director.--The term `Director' means the Director of the Bureau of Land Management. ``(b) Projects.--The Chief and the Director, via agreement or contract as appropriate, may enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the national forests and public lands that meet local and rural community needs. ``(c) Land Management Goals.--The land management goals of a project under subsection (b) may include-- ``(1) road and trail maintenance or obliteration to restore or maintain water quality; ``(2) soil productivity, habitat for wildlife and fisheries, or other resource values; ``(3) setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat; ``(4) removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; ``(5) watershed restoration and maintenance; ``(6) restoration and maintenance of wildlife and fish; or ``(7) control of noxious and exotic weeds and reestablishing native plant species. ``(d) Agreements or Contracts.-- ``(1) Procurement procedure.--A source for performance of an agreement or contract under subsection (b) shall be selected on a best-value basis, including consideration of source under other public and private agreements or contracts. ``(2) Contract for sale of property.--A contract entered into under this section may, at the discretion of the Secretary of Agriculture, be considered a contract for the sale of property under such terms as the Secretary may prescribe without regard to any other provision of law. ``(3) Term.-- ``(A) In general.--Except as provided in subparagraph (B), the Chief and the Director may enter into a contract under subsection (b) in accordance with section 3903 of title 41, United States Code. ``(B) Maximum.--The period of the contract under subsection (b) may exceed 5 years but may not exceed 10 years. ``(4) Offsets.-- ``(A) In general.--The Chief and the Director may apply the value of timber or other forest products removed as an offset against the cost of services received under the agreement or contract described in subsection (b). ``(B) Methods of appraisal.--The value of timber or other forest products used as an offset under subparagraph (A)-- ``(i) shall be determined using appropriate methods of appraisal commensurate with the quantity of products to be removed; and ``(ii) may-- ``(I) be determined using a unit of measure appropriate to the contracts; and ``(II) may include valuing products on a per-acre basis. ``(5) Relation to other laws.--Notwithstanding subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a), the Chief may enter into an agreement or contract under subsection (b). ``(6) Contracting officer.--Notwithstanding any other provision of law, the Secretary or the Secretary of the Interior may determine the appropriate contracting officer to enter into and administer an agreement or contract under subsection (b). ``(e) Receipts.-- ``(1) In general.--The Chief and the Director may collect monies from an agreement or contract under subsection (b) if the collection is a secondary objective of negotiating the contract that will best achieve the purposes of this section. ``(2) Use.--Monies from an agreement or contract under subsection (b)-- ``(A) may be retained by the Chief and the Director; and ``(B) shall be available for expenditure without further appropriation at the project site from which the monies are collected or at another project site. ``(3) Relation to other laws.-- ``(A) In general.--Notwithstanding any other provision of law, the value of services received by the Chief or the Director under a stewardship contract project conducted under this section, and any payments made or resources provided by the contractor, Chief, or Director shall not be considered monies received from the National Forest System or the public lands. ``(B) Knutson-vanderberg act.--The Act of June 9, 1930 (commonly known as the `Knutson-Vanderberg Act') (16 U.S.C. 576 et seq.) shall not apply to any agreement or contract under subsection (b). ``(f) Costs of Removal.--Notwithstanding the fact that a contractor did not harvest the timber, the Chief may collect deposits from a contractor covering the costs of removal of timber or other forest products under-- ``(1) the Act of August 11, 1916 (16 U.S.C. 490); and ``(2) and the Act of June 30, 1914 (16 U.S.C. 498). ``(g) Performance and Payment Guarantees.-- ``(1) In general.--The Chief and the Director may require performance and payment bonds under sections 28.103-2 and 28.103-3 of the Federal Acquisition Regulation, in an amount that the contracting officer considers sufficient to protect the investment in receipts by the Federal Government generated by the contractor from the estimated value of the forest products to be removed under a contract under subsection (b). ``(2) Excess offset value.--If the offset value of the forest products exceeds the value of the resource improvement treatments, the Chief and the Director may-- ``(A) collect any residual receipts under the Act of June 9, 1930 (commonly known as the `Knutson- Vanderberg Act') (16 U.S.C. 576 et seq.); and ``(B) apply the excess to other authorized stewardship projects. ``(h) Monitoring and Evaluation.-- ``(1) In general.--The Chief and the Director shall establish a multiparty monitoring and evaluation process that accesses the stewardship contracting projects conducted under this section. ``(2) Participants.--Other than the Chief and Director, participants in the process described in paragraph (1) may include-- ``(A) any cooperating governmental agencies, including tribal governments; and ``(B) any other interested groups or individuals. ``(i) Reporting.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Chief and the Director shall report to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives on-- ``(1) the status of development, execution, and administration of agreements or contracts under subsection (b); ``(2) the specific accomplishments that have resulted; and ``(3) the role of local communities in the development of agreements or contract plans.''. (b) Conforming Amendment.--Section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-277) is repealed.

Permanent Stewardship Contracting Authority Act of 2013 - Amends the Healthy Forests Restoration Act of 2003 to authorize the Forest Service and the Bureau of Land Management (BLM) to enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the national forests and public lands that meet local and rural community needs. States that the land management goals of a project may include: (1) road and trail maintenance or obliteration to restore or maintain water quality; (2) soil productivity, habitat for wildlife and fisheries, or other resource values; (3) setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat; (4) removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; (5) watershed restoration and maintenance; (6) restoration and maintenance of wildlife and fish; or (7) control of noxious and exotic weeds and reestablishing native plant species. Repeals a section of the Department of the Interior and Related Agencies Appropriations Act, 1999 that provides for forest health protection.

Permanent Stewardship Contracting Authority Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Child Care Lending for the Gulf Coast Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) The Census reported pre-Katrina that there were-- (A) 25,000 two-parent families in New Orleans with children under 18; (B) 26,000 female householders with children under 18, and no husband present; and (C) more than 18,000 householders who were more than 65 years old and living alone. (2) Studies have stated that reopening child care facilities was crucial for helping parents get back to work and businesses to recover. (3) Studies have shown that without available and affordable child care economic recovery will be greatly impeded and lead to a reduction in worker productivity. (4) In New Orleans before the Hurricanes Katrina and Rita, the city had 1,912 day-care slots at 266 licensed centers, but now 80 percent of those centers and 75 percent of those slots are gone. (5) The National Association of Child Care Resource and Referral Agencies, reported in a study published by the Mississippi State University Early Childhood Institute that between 62 percent to 94 percent of the licensed child care slots in the three coastal counties hardest hit by Hurricanes Katrina and Rita in Mississippi were lost. (6) In Jackson County, Mississippi, initial assessment found that one-fourth of the county's licensed centers were damaged beyond repair, representing 11 percent of the county's licensed child care capacity and another 39 percent of centers needed repairs. (7) Studies have stated the most effective way to rebuild the child care infrastructure is to-- (A) help child care programs in the disaster area reopen as rapidly as was safe by giving priority to licensed early childhood facilities; and (B) recruit, train, and retain child-care professionals. SEC. 3. EMERGENCY CHILD CARE LENDING PILOT PROGRAM. (a) Loans Authorized.--Notwithstanding section 502(1) of the Small Business Investment Act of 1958, the proceeds of any loan described in section 502 of such Act may be used by the certified development company to provide loans to small, nonprofit child care businesses, provided that-- (1) the loan will be used for a sound business purpose that has been approved by the Administrator of the Small Business Administration (hereafter in this section referred to as the Administrator); (2) each such business meets the eligibility requirements applicable to for-profit businesses receiving a similar loan, except for status as a for-profit business; (3) 1 or more individuals have personally guaranteed the loan; (4) the small, non-profit child care business has clear and singular title to the collateral for the loan; (5) the small, non-profit child care business has supplied sufficient information supporting the ability to obtain future cash flow from its operations to meet its obligations on the loan and its normal and reasonable operating expenses; and (6) have a track record of providing child care services in the presidentially declared disaster areas in the Gulf Coast region. (b) Limitation on Volume.--Not more than 3 percent of the total number of loans guaranteed in fiscal year 2007, and 2008 under title V of the Small Business Investment Act of 1958 may be awarded under the program described in this section. (c) Small, Non-Profit Child Care Business.--For purposes of this section, the term ``small, non-profit child care business'' means an organization that-- (1) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; (2) is primarily engaged in providing child care for infants, toddlers, pre-school, or pre-kindergarten children (or any combination thereof), may provide care for older children when they are not in school, and may offer pre-kindergarten educational programs; (3) including its affiliates, has tangible net worth that does not exceed $7,000,000, and has average net income (excluding any carryover losses) for the preceding 2 completed fiscal years that does not exceed $2,500,000; and (4) is licensed as a child care provider by the District of Columbia, the insular area, or the State, in which it is located. (d) Termination.--No loan shall be made under this section after December 30, 2007. (e) Reports.-- (1) Small business administration.--Not later than 3 months after the date of the enactment of this Act, and every 3 months thereafter until September 30, 2008, the Administrator shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding the implementation of the loan program described in this section. Each such report shall include-- (A) the date on which the loan program is implemented; (B) the date on which the rules are issued pursuant to subsection (f); (C) the number and dollar amount of loans under the program; applied for, approved, and disbursed during the previous 3 months; and (D) number of loans made to minority-owned firms and to woman-owned firms. (2) General accounting office.--Not later than March 31, 2008, the Comptroller General of the United States shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding the assistance provided under the loan program established by this section. Such report shall include information regarding the first 2 years of the loan program, including-- (A) an evaluation of the timeliness of the implementation of the loan program; (B) a description of the effectiveness and ease with which certified development companies, lenders, and small businesses have participated in the loan program; (C) a description and assessment of how the loan program was marketed; (D) by location in total, the number of small, nonprofit child care businesses that-- (i) applied for loans under the program (stated separately for new and expanding child care providers); and (ii) received loan disbursements under the program (stated separately for new and expanding child care providers); (E) the total amount loaned to such businesses under the program; (F) the total number of loans made to such businesses under the program; (G) the average loan amount and term of loans made under the program; (H) the currency rate, delinquencies, defaults, and losses of the loans made under the program; (I) the number and percent of children served through the program who receive subsidized assistance; and (J) the number and percent of children served through the program who are minority or low-income. (3) Access to information.-- (A) Collection.--The Administrator shall collect and maintain such information as may be necessary to carry out paragraph (2) from certified development centers and child care providers, and such centers and providers shall comply with a request for information from the Administrator for that purpose. (B) Provision of information to gao.--The Administrator shall provide information collected under subparagraph (A) to the Comptroller General of the United States for purposes of the report required by paragraph (2). (f) Rulemaking Authority.--Not later than 60 days after the date of the enactment of this Act, the Administrator shall issue final rules to carry out the loan program authorized by this section.

Emergency Child Care Lending for the Gulf Coast Act of 2006 - Authorizes the proceeds of a loan for plant acquisition, construction, conversion, or expansion under the Small Business Investment Act of 1958 to be used by the certified development company to provide loans to small, nonprofit child care businesses that have a track record of providing such services in the presidentially declared disaster areas in the Gulf Coast region. Limits to 3% the amount of the total number of such loans guaranteed in FY2007-FY2008 that may be awarded for the program under this Act. Terminates such program after December 30, 2007.

To establish a temporary program under which emergency loans are made to small businesses that are nonprofit child care businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low-Income Home Energy Security Tax Act''. SEC. 2. REFUNDABLE TAX CREDIT FOR RESIDENTIAL ENERGY COST ASSISTANCE. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. CREDIT FOR RESIDENTIAL ENERGY COST ASSISTANCE. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of-- ``(1) 33 percent of the amount paid or incurred for residential energy costs by the taxpayer for each month such individual is an individual during such taxable year, or ``(2) $300. ``(b) Income Limitation.-- ``(1) In general.--The amount allowable as a credit under subsection (a) for any taxable year (determined without regard to subsection (e)) shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $35,000 ($70,000 in the case of a joint return), bears to ``(B) $10,000. ``(2) Determination of adjusted gross income.--For purposes of paragraph (1), adjusted gross income shall be determined without regard to sections 911, 931, and 933. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Residential energy costs.--The term `residential energy costs' means, with respect to any principal residence of the taxpayer located in the United States for any month, the sum of-- ``(A) the cost of any energy utility, plus ``(B) the cost of the purchase of any home energy fuel. ``(2) Reduction for grants.--The amount of residential energy costs which may be taken into account with respect to any month shall be reduced by any amount received by the taxpayer for such month for any residential energy cost under the Low-Income Home Energy Assistance program under title XXVI of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 8621 et seq.). ``(3) Principal residence.--The term `principal residence' has the same meaning as in section 121, except that-- ``(A) no ownership requirement shall be imposed, and ``(B) the principal residence must be used by the taxpayer as the taxpayer's residence during the taxable year. ``(4) Homeowners associations.--The application of this section to homeowners associations (as defined in section 528(c)(1)) or members of such associations, and tenant- stockholders in cooperative housing corporations (as defined in section 216), shall be allowed by allocation, apportionment, or otherwise, to the individuals paying, directly or indirectly, for the residential energy cost so incurred. ``(d) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning after 2005, each of the dollar amounts contained in subsections (a)(2) and (b)(1)(A) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) in the case of-- ``(i) the dollar amount contained in subsection (a)(2), the fuel price inflation adjustment for the calendar year in which the taxable year begins, and ``(ii) the dollar amounts contained in subsection (b)(1)(A), the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `calendar year 2004' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Fuel price inflation adjustment.--For purposes of paragraph (1)(B)(i)-- ``(A) In general.--The fuel price inflation adjustment for any calendar year is the percentage (if any) by which-- ``(i) the CPI fuel component for October of the preceding calendar year, exceeds ``(ii) the CPI fuel component for October of 2004. ``(B) CPI fuel component.--The term `CPI fuel component' means the fuel component of the Consumer Price Index for All Urban Consumers published by the Department of Labor. ``(3) Rounding.-- ``(A) Credit amount.--If the dollar amount in subsection (a)(2) (after being increased under paragraph (1)), is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10. ``(B) Income threshold.--If any dollar amount in subsection (b)(1)(A) (after being increased under paragraph (1)), is not a multiple of $50, such dollar amount shall be rounded to the next lowest multiple of $50. ``(e) Coordination With Advance Payments of Credit.--With respect to any taxable year, the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7529 for months beginning in such taxable year. ``(f) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section, section 6050U, and section 7529. ``(g) Applicability of Section.--This section shall apply to residential energy costs paid or incurred after the date of the enactment of this section, in taxable years ending after such date and before January 1, 2008.''. (b) Advance Payment of Credit.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: ``SEC. 7529. ADVANCE PAYMENT OF CREDIT FOR RESIDENTIAL ENERGY COSTS. ``(a) General Rule.--The Secretary shall establish a program for making payments on behalf of certified individuals to providers of residential energy (within the meaning of section 36(c)(1)) for such individuals. ``(b) Limitation on Advance Payments During Any Taxable Year.--The Secretary may make payments under subsection (a) only to the extent that the total amount of such payments made on behalf of any individual during the taxable year does not exceed the amount of the credit allowable to such individual under section 36 for the taxable year. ``(c) Certified Individual.--For purposes of this section, the term `certified individual' means any individual for whom a qualified residential energy costs credit eligibility certificate is in effect. ``(d) Qualified Residential Energy Costs Credit Eligibility Certificate.--For purposes of this section, the term `qualified residential energy costs credit eligibility certificate' means any written statement if such statement provides such information as the Secretary may require for purposes of this section and is certified by the Low-Income Home Energy Assistance program official of the State in which such individual resides.''. (c) Information Returns.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information concerning transactions with other persons) is amended by adding at the end the following new section: ``SEC. 6050U. RETURNS RELATING TO CREDIT FOR RESIDENTIAL ENERGY COSTS. ``(a) Requirement of Reporting.--Every person who is entitled to receive payments for any month of any calendar year under section 7529 (relating to advance payment of credit for residential energy costs) with respect to any certified individual (as defined in section 7529(c)) shall, at such time as the Secretary may prescribe, make the return described in subsection (b) with respect to each such individual. ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, and ``(2) contains-- ``(A) the name, address, and TIN of each individual referred to in subsection (a), ``(B) the number of months for which amounts were entitled to be received with respect to such individual under section 7529 (relating to advance payment of credit for residential energy costs), ``(3) the amount entitled to be received for each such month, and ``(4) such other information as the Secretary may prescribe. ``(c) Statements to Be Furnished to Individuals With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing-- ``(1) the name and address of the person required to make such return and the phone number of the information contact for such person, and ``(2) the information required to be shown on the return with respect to such individual. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made.''. (d) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by striking ``or'' before ``enacted'' and by inserting before the period at the end ``, or from section 36 of such Code''. (2) Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(21) Disclosure of return information for purposes of carrying out a program for advance payment of credit for residential energy costs.--The Secretary may disclose to providers of residential energy for any certified individual (as defined in section 7529(c)) return information with respect to such certified individual only to the extent necessary to carry out the program established by section 7529 (relating to advance payment of credit for residential energy costs).''. (e) Clerical Amendments.-- (1) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 35 and by adding at the end the following new items: ``Sec. 36. Credit for residential energy cost assistance. ``Sec. 37. Overpayments of tax.''. (2) The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Advance payment of credit for residential energy costs.''. (3) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Sec. 6050U. Returns relating to credit for residential energy costs.''.

Low-Income Home Energy Security Tax Act - Amends the Internal Revenue Code to: (1) allow certain low-income individuals a refundable tax credit for residential energy costs; (2) provide for advance payments of such credit to providers of residential energy; and (3) require providers of residential energy to file informational returns for any advance tax credit payments received.

A bill to amend the Internal Revenue Code of 1986 to provide a refundable tax credit for residential energy cost assistance and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Moving Housing Forward Act of 2016''. SEC. 2. DEFINITIONS. (a) Incorporation of Definitions.--Except as otherwise provided in this Act, the terms used in this Act have the meaning given those terms, respectively, under section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502). (b) Other Definitions.--For purposes of this Act: (1) Catastrophic credit loss.--The term ``catastrophic credit loss'' means all potential credit loss that exceeds both expected and unexpected credit loss. (2) Counterparty risk.--The term ``counterparty risk'' means, with regard to an enterprise, the risk that any person contractually obligated to the enterprise in any transaction will fail to perform in accordance with the terms of the contractual obligation. (3) Credit risk.--The term ``credit risk'' means the risk of loss to an enterprise on a residential mortgage loan held or guaranteed by the enterprise or on any security guaranteed by the enterprise that could result from a mortgagor's failure to repay the loan in accordance with its terms. (4) Credit risk transfer.--The term ``credit risk transfer'' means, with regard to an enterprise, the sale or disposition of credit risk on loans guaranteed by an enterprise to another party, who assumes the credit risk in accordance with agreed upon terms. (5) Excluded refinancing.--The term ``excluded refinancing'' means a single family residential mortgage loan that was originated under the Home Affordable Refinance Program established by FHFA or any other mortgage loan refinanced under a temporary program that FHFA has determined not to include in a credit risk transfer transaction entered into by an enterprise prior to the date of enactment of this Act. Such a determination not to include any refinanced mortgage loan may be demonstrated by prior actual exclusion and no other determination by FHFA is required. (6) Expected credit loss.--The term ``expected credit loss'' means credit loss that is reasonably anticipated under baseline economic conditions. (7) FHFA.--The term ``FHFA'' means the Federal Housing Finance Agency. (8) Pari passu.--The term ``pari passu'' means having equal rights of payment and equal seniority. (9) Unexpected credit loss.--The term ``unexpected credit loss'' means credit loss that is reasonably anticipated under stressful, yet plausible, economic conditions, and does not include expected loss or catastrophic loss. SEC. 3. MORTGAGE CREDIT RISK SHARING PILOT PROGRAM. (a) Sense of Congress.--It is the sense of Congress that-- (1) at the direction of FHFA, the enterprises have entered into transactions to transfer credit risk they assume by guaranteeing the payment of principal and interest on securities backed by certain residential mortgage loans; and (2) credit risk transfer transactions should be encouraged that reduce taxpayer exposure to credit risk assumed by an enterprise and do not expose an enterprise to excessive counterparty risk. (b) Establishment.--Subject to the requirements of this section, the Director shall require each enterprise to establish a Mortgage Credit Risk Sharing Pilot Program (in this section referred to as the ``Pilot Program''). (c) Pilot Program Requirements.--Under the Pilot Program, FHFA shall direct each enterprise to, each quarter beginning with the first quarter following the end of the 9-month period beginning on the date of the enactment of this Act, conduct risk-sharing transactions that provide for an enterprise to share credit risk on a pool of single- family residential mortgage loans that back securities on which the enterprise guarantees the timely payment of principal and interest with the private sector. Such transactions shall meet the following requirements: (1) Targeted loans.--Credit risk shall be transferred on targeted loans. Targeted loans are residential mortgage loans that-- (A) are single family residential mortgage loans; (B) are not the result of an excluded refinancing, as determined by FHFA; and (C) are a representative sample of the unpaid principal balance loans eligible for the to-be- announced market. (2) Losses transferred through the pilot program.-- (A) In general.--Each enterprise shall transfer to the private sector-- (i) either all or the majority of the aggregate risk shared on a pari passu basis of the expected and unexpected loss on the unpaid principal balance on the transactions; and (ii) a target of at least 10 percent in a vertical position of the risk of all of the catastrophic credit loss on the unpaid principal balance on the transactions. (B) Authority of the director.--The Director may permit an enterprise to transfer less than 10 percent in a vertical position of the risk of catastrophic credit loss during a transition period, up until 15 months after the date of the enactment of this Act, to compliance with the 10 percent target of the Pilot Program. (C) Treatment of catastrophic risk.--Risk of catastrophic credit loss shall be transferred on a pari passu basis. (3) Scope of the pilot program.--The Director shall require that credit risk on at least 5 percent of new acquisitions, as defined by the Director, of targeted loans described in paragraph (1) shall be transferred through the Pilot Program. Each enterprise may vary the percentage of new acquisitions of targeted loans transferred through the Pilot Program, provided that the average annual percentage over each year of the Pilot Program is not less than 5 percent. (4) Measurements.--In carrying out the Pilot Program, FHFA shall measure the credit risk and the amount of risk transferred. (5) Additional requirements.--In carrying out the Pilot Program, the enterprises shall-- (A) collect and disclose loan-level data on each of the mortgage loans backing the credit risk transactions, including consumer credit score information and the loan-to-value ratio of the loan; and (B) refine transaction structure designs to improve execution. (d) Promotion of Market for Credit Risk Transactions.--With respect to all credit risk transfer transactions of an enterprise, including any transaction under the Pilot Program, the Director shall do the following: (1) Work to ensure a secondary market for credit risk transfer products that will give investors as deep and liquid a market. (2) Not later than 1 year after the date of the enactment of this Act, in consultation with the Securities Exchange Commission, the Commodity Futures Trading Commission, and any Federal banking agency as appropriate, issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that provides recommendations on how to incentivize additional sources of private capital to participate in credit risk transfer transactions, including regulatory actions taken and recommendations for legislative proposals to remove impediments to such participation. Nothing in the preceding sentence is intended to prevent or delay FHFA or another agency from developing and implementing a regulatory action to remove any impediment to or incentivize such participation prior to issuance of such report as authorized under current law. (3) Require the enterprises to make 60 percent of mortgages available to be subject to credit risk transactions in the first fiscal year after the date of the enactment of this Act, 70 percent in the second fiscal year after such date of enactment, and 80 percent in the third fiscal year after such date of enactment. (e) Capital Standards.-- (1) In general.--The Director may set capital or collateral requirements for participants in the Pilot Program. (2) Use of certain capital markets transactions.--In setting capital standards under paragraph (1), the Director shall allow participants to prudently reduce or eliminate any capital requirements for credit-risk sharing transactions through the use of capital markets transactions that pre-fund the risk, including credit-linked notes. (f) Economic Considerations.--If the Director of the FHFA and the Secretary of the Treasury determine that the Pilot Program is economically unreasonable due to housing market conditions, the Director may lower the percentage amounts specified under subsection (c)(2), (c)(3), or (d)(1)(C). (g) FHFA Reports.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Director shall provide a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate containing-- (A) information on credit risk transfer transaction pricing on quarterly basis; (B) the amount of credit risk that has been transferred from the enterprises on a quarterly basis; (C) metrics and annual goals regarding the Pilot Program; (D) the percentage of the unpaid principal balance of mortgage loans covered under the Pilot Program in each year; (E) a description of how the FHFA intends to move forward with mortgage insurance focused transactions following the recently finalized mortgage insurance master policy requirements and private mortgage insurer eligibility requirements, and how the FHFA evaluates the remaining counterparty risk with mortgage insurers; (F) a description of new credit risk transfer pilot programs that FHFA intends an enterprise to undertake over the next three years and steps FHFA intends to take to solicit new ideas for new and innovative ways to transfer credit risk away from the enterprises and the taxpayers, including transfers of expected, unexpected, and catastrophic credit loss; and (G) a description of how FHFA plans to transition from credit risk sharing pilot programs to a regular standardized program of credit risk transfers that establish a stable and liquid market for mortgage credit risk. (2) Solicitation of public feedback.--In preparing any report required under paragraph (1), the Director shall solicit public feedback, including feedback to-- (A) generate new potential forms of credit risk transfer; and (B) identify potential barriers to entry for private sector parties to invest in such transactions. (3) Confidentiality.--In issuing any report under paragraph (1), the Director shall protect counterparty proprietary data, including in making information available about the Pilot Program. (h) Rule of Construction.--Nothing in this section shall be construed to limit the ability of the Director to conduct customized risk sharing transactions as authorized under current law. (i) Duration of the Pilot Program.-- (1) In general.--The Pilot Program shall last a minimum of 3 years after the first transfer of catastrophic credit loss. The Director may continue to direct the enterprises to transfer risk of credit loss, including risk of catastrophic credit loss, and may continue to enter into credit risk transfer transactions to transfer such risk after the end of 3 years under authority prior to the enactment of the Pilot Program. (2) Analysis.--After the Pilot Program is executed for 3 years, the Director shall examine the economics of developing the Pilot Program into a continuous risk sharing program. SEC. 4. REGULATORY IMPLEMENTATION OF CREDIT RISK-SHARING MARKET. (a) Application of Section 3 of the Investment Company Act of 1940.--For any credit risk transfer transaction approved by the Director, including a transaction in which credit risk is transferred on mortgage loans that do not directly back the securities being issued, the issuer shall be deemed to be a person primarily engaged in the business of purchasing or otherwise acquiring mortgages or other liens on and interests in real estate for purposes of section 3(c)(5) of the Investment Company Act of 1940 (15 U.S.C. 80a-3). (b) Federal Income Tax Treatment.-- (1) Real estate mortgage investment conduits.--For purposes of sections 860A through 860G of the Internal Revenue Code of 1986 (the ``Code'')-- (A) any financial instrument issued by an enterprise (or a legal entity sponsored by an enterprise to implement a credit risk transfer transaction) as part of a credit risk transfer transaction shall be treated as a ``qualified mortgage''; and (B) any amount includible in gross income with respect to such a financial instrument shall be treated as interest on a ``qualified mortgage''. (2) Real estate investment trusts.--For purposes of Code sections 856 through 860-- (A) any financial instrument issued by an enterprise (or a legal entity sponsored by an enterprise to implement a credit risk transfer transaction) as part of a credit risk transfer transaction shall be treated as a ``real estate asset''; and (B) any amount includible in gross income with respect to such a financial instrument shall be treated as interest on an obligation secured by a mortgage on real property. (3) Taxable mortgage pools.--A credit risk transfer transaction entered into by an enterprise (or a legal entity sponsored by an enterprise) shall not be treated as a ``taxable mortgage pool'' for purposes of section 7701(i) of the Code. (4) Regulations.--The Secretary of the Treasury shall prescribe such regulations or administrative guidance as may be necessary or appropriate to carry out the purposes of this subsection. (c) Rule of Application.--Subsections (a) and (b) shall apply in the case of any risk transfer transaction and any financial instrument issued by the enterprise (or a legal entity sponsored by an enterprise to implement a credit risk transfer transaction) as part of a credit risk transfer transaction that is outstanding on, or is issued after, the date of the enactment of this Act. (d) Conforming Amendments.-- (1) Investment company act of 1940.--Section 3(c)(5) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)(5)) is amended by adding at the end the following: ``For any credit risk transfer transaction approved by the Director of the Federal Housing Finance Agency, including a transaction in which credit risk is transferred on mortgage loans that do not directly back the securities being issued, the issuer shall be deemed to be a person primarily engaged in the business of purchasing or otherwise acquiring mortgages or other liens on and interests in real estate.''. (2) Rule of application.--The amendments made by paragraph (1) shall apply in the case of any credit risk transfer transaction and any financial instrument issued by an enterprise (or a legal entity sponsored by an enterprise to implement a credit risk transfer transaction) as part of a credit risk transfer transaction that is outstanding on, or is issued after, the date of the enactment of this Act.

Moving Housing Forward Act of 2016 This bill directs the Federal Housing Finance Agency (FHFA) to require the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) to establish a pilot program that shares with the private sector the credit risk on a pool of single-family residential mortgage loans that back securities on which Fannie Mae and Freddie Mac guarantee the timely payment of principal and interest. The bill expresses the sense of Congress that credit risk transfer transactions should be encouraged that: (1) reduce taxpayer exposure to credit risk assumed by Fannie Mae and Freddie Mac, and (2) do not expose Fannie Mae and Freddie Mac to excessive counterparty risk that persons contractually obligated to them will fail to perform their obligations. After the pilot program is executed for three years, the FHFA must examine the economics of developing it into a continuous risk sharing program.

Moving Housing Forward Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community-Based Mental Health Infrastructure Improvements Act''. SEC. 2. COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVEMENT. Title V of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``PART H--COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVEMENTS ``SEC. 560. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVEMENTS. ``(a) Grants Authorized.--The Secretary may award grants to eligible entities to expend funds for the construction or modernization of facilities used to provide mental health and substance abuse services to individuals. ``(b) Eligible Entity.--In this section, the term `eligible entity' means-- ``(1) a State that is the recipient of a Community Mental Health Services Block Grant under subpart I of part B of title XIX and a Substance Abuse Prevention and Treatment Block Grant under subpart II of such part; or ``(2) an Indian tribe or a tribal organization (as such terms are defined in sections 4(b) and 4(c) of the Indian Self- Determination and Education Assistance Act). ``(c) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing-- ``(1) a plan for the construction or modernization of facilities used to provide mental health and substance abuse services to individuals that-- ``(A) designates a single State or tribal agency as the sole agency for the supervision and administration of the grant; ``(B) contains satisfactory evidence that such agency so designated will have the authority to carry out the plan; ``(C) provides for the designation of an advisory council, which shall include representatives of nongovernmental organizations or groups, and of the relevant State or tribal agencies, that aided in the development of the plan and that will implement and monitor any grant awarded to the eligible entity under this section; ``(D) in the case of an eligible entity that is a State, includes a copy of the State plan under section 1912(b) and section 1932(b); ``(E)(i) includes a listing of the projects to be funded by the grant; and ``(ii) in the case of an eligible entity that is a State, explains how each listed project helps the State in accomplishing its goals and objectives under the Community Mental Health Services Block Grant under subpart I of part B of title XIX and the Substance Abuse Prevention and Treatment Block Grant under subpart II of such part; ``(F) includes assurances that the facilities will be used for a period of not less than 10 years for the provision of community-based mental health or substance abuse services for those who cannot pay for such services, subject to subsection (e); and ``(G) in the case of a facility that is not a public facility, includes the name and executive director of the entity who will provide services in the facility; and ``(2) with respect to each construction or modernization project described in the application-- ``(A) a description of the site for the project; ``(B) plans and specifications for the project and State or tribal approval for the plans and specifications; ``(C) assurance that the title for the site is or will be vested with either the public entity or private nonprofit entity who will provide the services in the facility; ``(D) assurance that adequate financial resources will be available for the construction or major rehabilitation of the project and for the maintenance and operation of the facility; ``(E) estimates of the cost of the project; and ``(F) the estimated length of time for completion of the project. ``(d) Subgrants by States.-- ``(1) In general.--A State that receives a grant under this section may award a subgrant to a qualified community program (as such term is used in section 1913(b)(1)). ``(2) Use of funds.--Subgrants awarded pursuant to paragraph (1) may be used for activities such as-- ``(A) the construction, expansion, and modernization of facilities used to provide mental health and substance abuse services to individuals; ``(B) acquiring and leasing facilities and equipment (including paying the costs of amortizing the principal of, and paying the interest on, loans for such facilities and equipment) to support or further the operation of the subgrantee; ``(C) the construction and structural modification (including equipment acquisition) of facilities to permit the integrated delivery of behavioral health and primary care of specialty medical services to individuals with co-occurring mental illnesses and chronic medical or surgical diseases at a single service site; and ``(D) acquiring information technology required to accommodate the clinical needs of primary and specialty care professionals. ``(3) Limitation.--Not to exceed 15 percent of grant funds may be used for activities described in paragraph (2)(D). ``(e) Request To Transfer Obligation.--An eligible entity that receives a grant under this section may submit a request to the Secretary for permission to transfer the 10-year obligation of facility use, as described in subsection (c)(1)(F), to another facility. ``(f) Agreement to Federal Share.--As a condition of receipt of a grant under this section, an eligible entity shall agree, with respect to the costs to be incurred by the entity in carrying out the activities for which such grant is awarded, that the entity will make available non-Federal contributions (which may include State or local funds, or funds from the qualified community program) in an amount equal to not less than $1 for every $1 of Federal funds provided under the grant. ``(g) Reporting.-- ``(1) Reporting by states.--During the 10-year period referred to in subsection (c)(1)(F), the Secretary shall require that a State that receives a grant under this section submit, as part of the report of the State required under the Community Mental Health Services Block Grant under subpart I of part B of title XIX and the Substance Abuse Prevention and Treatment Block Grant under subpart II of such part, a description of the progress on-- ``(A) the projects carried out pursuant to the grant under this section; and ``(B) the assurances that the facilities involved continue to be used for the purpose for which they were funded under such grant during such 10-year period. ``(2) Reporting by indian tribes and tribal organizations.--The Secretary shall establish reporting requirements for Indian tribes and tribal organizations that receive a grant under this section. Such reporting requirements shall include that such Indian tribe or tribal organization provide a description of the progress on-- ``(A) the projects carried out pursuant to the grant under this section; and ``(B) the assurances that the facilities involved continue to be used for the purpose for which they were funded under such grant during the 10-year period referred to in subsection (c)(1)(F). ``(h) Failure To Meet Obligations.-- ``(1) In general.--If an eligible entity that receives a grant under this section fails to meet any of the obligations of the entity required under this section, the Secretary shall take appropriate steps, which may include-- ``(A) requiring that the entity return the unused portion of the funds awarded under this section for the projects that are incomplete; and ``(B) extending the length of time that the entity must ensure that the facility involved is used for the purposes for which it is intended, as described in subsection (c)(1)(F). ``(2) Hearing.--Prior to requesting the return of the funds under paragraph (1)(B), the Secretary shall provide the entity notice and opportunity for a hearing. ``(i) Collaboration.--The Secretary may establish intergovernmental and interdepartmental memorandums of agreement as necessary to carry out this section. ``(j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2018.''.

Community-Based Mental Health Infrastructure Improvements Act - Amends Public Health Service Act to authorize the Secretary of Health and Human Services (HHS) to award matching grants to states or Indian tribes to expend funds for the construction or modernization of facilities used to provide community-based mental health and substance abuse services to individuals.

Community-Based Mental Health Infrastructure Improvements Act

SECTION 1. JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS. (a) In General.--Part S of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff et seq.) is amended by adding at the end the following: ``SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT. ``(a) Definitions.--In this section-- ``(1) the term `jail-based substance abuse treatment program' means a course of individual and group activities, lasting for a period of not less than 3 months, in an area of a correctional facility set apart from the general population of the correctional facility, if those activities are-- ``(A) directed at the substance abuse problems of prisoners; and ``(B) intended to develop the cognitive, behavioral, social, vocational, and other skills of prisoners in order to address the substance abuse and related problems of prisoners; and ``(2) the term `local correctional facility' means any correctional facility operated by a unit of local government. ``(b) Authorization.-- ``(1) In general.--Not less than 10 percent of the total amount made available to a State under section 1904(a) for any fiscal year may be used by the State to make grants to local correctional facilities in the State for the purpose of assisting jail-based substance abuse treatment programs established by those local correctional facilities. ``(2) Federal share.--The Federal share of a grant made by a State under this section to a local correctional facility may not exceed 75 percent of the total cost of the jail-based substance abuse treatment program described in the application submitted under subsection (c) for the fiscal year for which the program receives assistance under this section. ``(c) Applications.-- ``(1) In general.--To be eligible to receive a grant from a State under this section for a jail-based substance abuse treatment program, the chief executive of a local correctional facility shall submit to the State, in such form and containing such information as the State may reasonably require, an application that meets the requirements of paragraph (2). ``(2) Application requirements.--Each application submitted under paragraph (1) shall include-- ``(A) with respect to the jail-based substance abuse treatment program for which assistance is sought, a description of the program and a written certification that-- ``(i) the program has been in effect for not less than 2 consecutive years before the date on which the application is submitted; and ``(ii) the local correctional facility will-- ``(I) coordinate the design and implementation of the program between local correctional facility representatives and the appropriate State and local alcohol and substance abuse agencies; ``(II) implement (or continue to require) proven reliable forms of substance abuse testing (other than self-reporting) of individuals participating in the program, including the testing of individuals released from the jail-based substance abuse treatment program who remain in the custody of the local correctional facility; and ``(III) carry out the program in accordance with guidelines, which shall be established by the State, in order to guarantee each participant in the program access to consistent, continual care if transferred to a different local correctional facility within the State; ``(B) written assurances that Federal funds received by the local correctional facility from the State under this section will be used to supplement, and not to supplant, non-Federal funds that would otherwise be available for jail-based substance abuse treatment programs assisted with amounts made available to the local correctional facility under this section; and ``(C) a description of the manner in which amounts received by the local correctional facility from the State under this section will be coordinated with Federal assistance for substance abuse treatment and aftercare services provided to the local correctional facility by the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services. ``(d) Review of Applications.-- ``(1) In general.--Upon receipt of an application under subsection (c), the State shall-- ``(A) review the application to ensure that the application, and the jail-based residential substance abuse treatment program for which a grant under this section is sought, meet the requirements of this section; and ``(B) if so, make an affirmative finding in writing that the jail-based substance abuse treatment program for which assistance is sought meets the requirements of this section. ``(2) Approval.--Based on the review conducted under paragraph (1), not later than 90 days after the date on which an application is submitted under subsection (c), the State shall-- ``(A) approve the application, disapprove the application, or request a continued evaluation of the application for an additional period of 90 days; and ``(B) notify the applicant of the action taken under subparagraph (A) and, with respect to any denial of an application under subparagraph (A), afford the applicant an opportunity for reconsideration. ``(3) Eligibility for preference with aftercare component.-- ``(A) In general.--In making grants under this section, a State shall give preference to applications from local correctional facilities that ensure that each participant in the jail-based substance abuse treatment program for which a grant under this section is sought, is required to participate in an aftercare services program that meets the requirements of subparagraph (B), for a period of not less than 1 year following the earlier of-- ``(i) the date on which the participant completes the jail-based substance abuse treatment program; or ``(ii) the date on which the participant is released from the correctional facility at the end of the participant's sentence or is released on parole. ``(B) Aftercare services program requirements.--For purposes of subparagraph (A), an aftercare services program meets the requirements of this paragraph if the program-- ``(i) in selecting individuals for participation in the program, gives priority to individuals who have completed a jail-based substance abuse treatment program; ``(ii) requires each participant in the program to submit to periodic substance abuse testing; and ``(iii) involves the coordination between the jail-based substance abuse treatment program and other human service and rehabilitation programs that may assist in the rehabilitation of program participants, such as-- ``(I) educational and job training programs; ``(II) parole supervision programs; ``(III) half-way house programs; and ``(IV) participation in self-help and peer group programs; and ``(iv) assists in placing jail-based substance abuse treatment program participants with appropriate community substance abuse treatment facilities upon release from the correctional facility at the end of a sentence or on parole. ``(e) Coordination and Consultation.-- ``(1) Coordination.--Each State that makes 1 or more grants under this section in any fiscal year shall, to the maximum extent practicable, implement a statewide communications network with the capacity to track the participants in jail- based substance abuse treatment programs established by local correctional facilities in the State as those participants move between local correctional facilities within the State. ``(2) Consultation.--Each State described in paragraph (1) shall consult with the Attorney General and the Secretary of Health and Human Services to ensure that each jail-based substance abuse treatment program assisted with a grant made by the State under this section incorporates applicable components of comprehensive approaches, including relapse prevention and aftercare services. ``(f) Use of Grant Amounts.-- ``(1) In general.--Each local correctional facility that receives a grant under this section shall use the grant amount solely for the purpose of carrying out the jail-based substance abuse treatment program described in the application submitted under subsection (c). ``(2) Administration.--Each local correctional facility that receives a grant under this section shall carry out all activities relating to the administration of the grant amount, including reviewing the manner in which the amount is expended, processing, monitoring the progress of the program assisted, financial reporting, technical assistance, grant adjustments, accounting, auditing, and fund disbursement. ``(3) Restriction.--A local correctional facility may not use any amount of a grant under this section for land acquisition or a construction project. ``(g) Reporting Requirement; Performance Review.-- ``(1) Reporting requirement.--Not later than March 1 of each year, each local correctional facility that receives a grant under this section shall submit to the Attorney General, through the State, a description and evaluation of the jail- based substance abuse treatment program carried out by the local correctional facility with the grant amount, in such form and containing such information as the Attorney General may reasonably require. ``(2) Performance review.--The Attorney General shall conduct an annual review of each jail-based substance abuse treatment program assisted under this section, in order to verify the compliance of local correctional facilities with the requirements of this section. ``(h) No Effect on State Allocation.--Nothing in this section shall be construed to affect the allocation of amounts to States under section 1904(a).''. (b) Technical Amendment.--The table of contents for title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended, in the matter relating to part S, by adding at the end the following: ``1906. Jail-based substance abuse treatment.''.

Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize not less than ten percent of the total amount made available to a State for residential substance abuse treatment for State prisoners to be used for grants to local correctional facilities in the State to assist jail-based substance abuse treatment programs. Limits the Federal share to 75 percent of the total program cost. Sets forth provisions regarding application requirements, review, and approval. Grants preference to applications that provide for certain aftercare services and periodic substance abuse testing. Requires States making grants to implement a statewide communications network with the capacity to track participants. Sets forth reporting and performance review requirements.

To amend part S of title I of the Omnibus Crime Control and Safe Streets Act of 1968 to permit the use of certain amounts for assistance to jail-based substance treatment programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emerging Business Encouragement Act of 2014''. SEC. 2. EMERGING BUSINESS ENTERPRISES. (a) Designation.--Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following: ``(dd) Emerging Business Enterprises.-- ``(1) In general.--Not later than the date that is 1 year after the date of enactment of this paragraph, for each industry category for which the Administrator established a size standard under this subsection, the Administrator shall by rule establish procedures for designating a small business concern in that industry category as an emerging business enterprise. Such procedures shall include the criteria under paragraph (2), and a process for appealing decisions of the Administrator on designations. Such a designation shall expire on the date that the small business concern is no longer in compliance with such criteria, except that-- ``(A) in the case of an emerging business enterprise that receives a designation as such but which existed as a business entity prior to such designation, the designation shall not expire by reason of the emerging business enterprise being more than 5 years old; instead, the designation shall expire on the date that is 5 years after the date of the designation; and ``(B) if the emerging business enterprise exceeds the size limitation described in the criterion under paragraph (2)(A) following designation as an emerging business enterprise, the designation shall expire only if the size is 50 percent or more of the maximum size of a small business concern within that industry category. The rulemaking under this paragraph shall include a procedure for self certification as an emerging business enterprise, for annual submission of documentation establishing eligibility for designation as an emerging business enterprise, and for periodic audits of emerging business enterprises based on such documentation. ``(2) Criteria for designation.--The Administrator shall establish criteria for designation of an emerging business enterprise, which shall include the following: ``(A) Number of employees.--That the small business concern employs, in the Administrator's determination a number of employees that is less than the larger of-- ``(i) not more than 10 percent of the number of employees that a small business concern within that industry category may employ, if that small business concern is so classified by reason of a size standard under section 3(a) pertaining to the number of employees of the concern; or ``(ii) 25 employees. ``(B) Age of business.--That the small business concern is, in the Administrator's determination, not more than 5 years old. ``(C) Salary requirements.--That the small business concern does not, in the Administrator's determination, pay to an individual who owns any part of the concern or who is in a management position a salary greater than 200 percent of the mean annual salary for Managers of Companies and Enterprises or the equivalent from the most recent Employment and Wage Estimates developed by the Secretary of Labor. ``(3) Public notification.--The Administrator shall take appropriate action to publicize the establishment of the procedures for designations under this paragraph, including by conducting outreach to eligible small business concerns. ``(4) Contractor training.--The Administrator shall provide for training regarding Federal procurement on an Internet Web site of the Administrator, which shall be available to the public at no charge.''. (b) Contracting Preference.--Section 15(g)(2) of the Small Business Act (15 U.S.C. (g)(2)) is amended by adding at the end the following: ``(G) Emerging business enterprises.-- ``(i) In general.--The head of each Federal agency shall, after consultation with the Administrator, establish goals for participation by emerging business enterprises designated under section 3(a)(6) in not less than 5 percent of all contracts, including prime contracts and subcontracts, for each fiscal year. The head of the agency may give preference in making contract awards to such emerging business enterprises and shall make consistent efforts to annually expand participation by emerging business enterprises from each industry category in procurement contracts of the agency. ``(ii) Reports.-- ``(I) Reports from agencies.--At the conclusion of each fiscal year, the head of each Federal agency shall report to the Administrator on the extent of participation by emerging business enterprises in procurement contracts of such agency. Such reports shall contain appropriate justifications for failure to meet the goals established under this subparagraph. ``(II) Reports to congress.--The Administrator shall annually compile and analyze the reports submitted by the individual agencies pursuant to subclause (I) and shall submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives the compilation and analysis, which shall include the following: ``(aa) The goals in effect for each agency and the agency's performance in attaining such goals. ``(bb) An analysis of any failure to achieve individual agency goals and the actions planned by such agency (and approved by the Administrator) to achieve the goals in the succeeding fiscal year. ``(cc) The total number and dollar value of prime contracts and subcontracts awarded to emerging business enterprises. ``(III) Annual presidential report on the state of small business.--The President shall include the information required by subclause (II) in each annual report to the Congress on the state of small business prepared pursuant to section 303(a) of the Small Business Economic Policy Act of 1980 (15 U.S.C. 631b(a)).''. (c) Amendments to SBA Express.--Section 7(a)(31) of the Small Business Act (15 U.S.C. 636(a)(31)) is amended by adding at the end the following: ``(G) Emerging business enterprises.-- ``(i) In general.--The Administrator may make a loan under the Express Loan Program to an emerging business enterprise designated under section 3(dd), except that such loans shall be made in accordance with the terms of this subparagraph. ``(ii) Guaranty rate.--The guaranty rate of such a loan shall be in accordance with the following: ``(I) Except as otherwise provided in this clause, 65 percent. ``(II) Except as provided in subclause (III), if, in a report submitted under clause (iii), the total number of loans made and the total amount loaned by a lender is greater by 10 percent than the prior fiscal year, 75 percent. ``(III) If, in a report submitted under clause (iii), the total rate of default on loans issued under subclauses (I) and (II) is greater by 10 percent than the prior year, 50 percent in the succeeding fiscal year. ``(iii) Reports.--On the date that is 1 year after the end of the first fiscal year for which a loan is first guaranteed under this subparagraph, and annually thereafter, each lender making a loan guaranteed under this section shall report to the Administrator the total number of loans made during the preceding fiscal year, the total amount loaned, and the default rate for all guaranteed loans. ``(iv) Verification.--A lender making a loan guaranteed under this section shall verify the status of a business concern as an emerging business enterprise before issuing a loan. ``(v) Sanction.--If a business concern has received a loan under this subparagraph and that business concern has fraudulently misrepresented its status as an emerging business enterprise, that business concern shall repay the amount of the loan to the lender (from which amount the lender shall repay the amount of any guarantee paid on the loan), and shall in addition pay a fine in an amount determined by the Administrator.''. SEC. 3. RULEMAKINGS. (a) Self-Certification.--Not later than 180 days after the date of enactment of this Act, the Administrator shall by rule establish a process for initial self-certification of emerging business enterprises for purposes of participation in Federal contracts, and eligibility for Express Loans under section 7(a)(31)(G) of the Small Business Act.

Emerging Business Encouragement Act of 2014 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA), for each industry category for which the Administrator established a size standard, to establish procedures, by rule, for designating a small business in that industry category as an emerging business enterprise (EBE). Requires the procedures to include specified criteria and a process for appealing the Administrator's decisions on designations. Requires the designation to expire when the small business is no longer in compliance with the criteria, except that: in the case of an EBE which existed as a business entity before its EBE designation, the designation shall not expire until five years after it was made; and if the EBE exceeds the required size limitation its designation shall expire only if the size is 50% or more of the maximum size of a small business within that industry category. Directs the Administrator to establish criteria for designation of an EBE, including: a maximum number of employees determined according to a certain formula, an age of not more than five years, and a specified salary limitation for any individual who owns any part of the small business or who is in a management position. Requires the head of each federal agency to establish goals for participation by the designated EBEs in at least 5% of all contracts, including prime contracts and subcontracts, for each fiscal year. Authorizes the Administrator to make a loan to a designated EBE under the SBA Express Loan Program, but only in accordance with specified terms. Requires the Administrator, by rule, to establish a process for initial self-certification of EBEs for purposes of participation in federal contracts and eligibility for the Express Loans.

Emerging Business Encouragement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Payroll Fraud Prevention Act of 2017''. SEC. 2. CLASSIFICATION OF EMPLOYEES AND NON-EMPLOYEES. (a) Definitions.--Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended by adding at the end the following: ``(z) `Non-employee' means an individual who-- ``(1) has been engaged, in the course of the trade or business of the person, for the performance of labor or services; and ``(2) is not an employee of the person. ``(aa) `Covered individual' when used with respect to an employer or other person means-- ``(1) an employee of the employer; or ``(2) a non-employee of the person (including a person who is an employer)-- ``(A) whom the person has engaged, in the course of the trade or business of the person, for the performance of labor or services; and ``(B)(i) with respect to whom the person is required to file an information return under section 6041A(a) of the Internal Revenue Code of 1986; or ``(ii) who is providing labor or services to the person through an entity that is a trust, estate, partnership, association, company, or corporation (as such terms are used in section 7701(a)(1) of the Internal Revenue Code of 1986) if-- ``(I) such individual has an ownership interest in the entity; ``(II) creation or maintenance of such entity is a condition for the provision of such labor or services to the person; and ``(III) the person would be required to file an information return for the entity under section 6041A(a) of the Internal Revenue Code of 1986 if the entity were an individual.''. (b) Classification as Employees.--Section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is amended-- (1) by striking ``(c) Every employer subject to any provision of this Act or of any order issued under this Act'' and inserting the following: ``(c) Recordkeeping; Classification; Notice.-- ``(1) Recordkeeping.--Every person subject to any provision of this Act or of any order issued under this Act''; and (2) by adding at the end the following: ``(2) Classification.--Every person (including every employer and enterprise), who employs any employee engaged in commerce or in the production of goods for commerce or engages any non-employee engaged in commerce or in the production of goods for commerce, shall accurately classify each covered individual as an employee or a non-employee (as the case may be). ``(3) Notice.-- ``(A) In general.--Every person subject to any provision of this Act or of any order issued under this Act shall provide the notice described in subparagraph (C) to each employee of the person and each individual classified by the person as a non-employee under paragraph (2) and maintain a copy of such notice as a required record under paragraph (1). ``(B) Timing of notice.-- ``(i) In general.--The notice described in subparagraph (A) shall be provided, at a minimum, to each covered individual not later than 6 months after the date of enactment of the Payroll Fraud Prevention Act of 2017, and thereafter-- ``(I) for each new employee, upon employment; and ``(II) for each new non-employee, upon commencement of the labor or services provided by the non-employee. ``(ii) Change in status.--Each person required to provide a notice under subparagraph (A) to a covered individual shall also provide such notice to such individual upon changing the status of such individual as an employee or a non-employee. ``(C) Contents of notice.--The notice required under this paragraph shall be in writing and shall-- ``(i) inform the covered individual of the classification of such individual, by the person submitting the notice, as an employee or a non-employee; ``(ii) include a statement directing such individual to the Department of Labor website established under section 3 of the Payroll Fraud Prevention Act of 2017, for the purpose of providing further information about the legal rights of an employee; ``(iii) include the address and telephone number for the applicable local office of the Department of Labor; and ``(iv) include for each covered individual classified as a non-employee by the person providing the notice, the following statement: `Your rights to wage, hour, and other labor protections depend upon your proper classification as an employee or a non- employee. If you have any questions or concerns about how you have been classified or suspect that you may have been misclassified, contact the U.S. Department of Labor.'. ``(D) Presumption.-- ``(i) In general.--For purposes of this Act and the regulations or orders issued under this Act, a covered individual to whom a person is required to provide a notice under subparagraph (A) shall be presumed to be an employee of the person if the person has not provided the individual with such notice within the time required under subparagraph (B). ``(ii) Rebuttal.--The presumption under clause (i) shall be rebutted only through the presentation of clear and convincing evidence that a covered individual described in such subparagraph is not an employee of the person.''. (c) Special Prohibited Acts.--Section 15(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)) is amended-- (1) by striking paragraph (3) and inserting the following: ``(3) to discharge or in any other manner discriminate against any covered individual (including an employee) because such individual has-- ``(A) opposed any practice, filed any petition or complaint, or instituted or caused to be instituted any proceeding-- ``(i) under or related to this Act (including concerning the status of a covered individual as an employee or a non-employee for purposes of this Act); or ``(ii) concerning the status of a covered individual as an employee or a non-employee for employment tax purposes within the meaning of subtitle C of the Internal Revenue Code of 1986; ``(B) testified or is about to testify in any proceeding described in subparagraph (A); or ``(C) served, or is about to serve, on an industry committee;''; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) to wrongly classify an employee of the person as a non-employee in accordance with section 11(c)(2).''. (d) Special Penalty for Certain Misclassification, Recordkeeping, and Notice Violations.--Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended-- (1) in subsection (b)-- (A) in the sixth sentence, by striking ``any employee'' each place the term occurs and inserting ``any covered individual''; (B) in the fourth sentence-- (i) by striking ``employees'' and inserting ``covered individual''; and (ii) by striking ``he gives his consent'' and inserting ``such covered individual consents''; (C) in the third sentence-- (i) by striking ``either of the preceding sentences'' and inserting ``any of the preceding sentences''; (ii) by striking ``one or more employees'' and inserting ``one or more covered individuals''; and (iii) by striking ``in behalf of himself or themselves and other employees'' and inserting ``on behalf of such covered individual or individuals and other covered individuals''; and (D) by inserting after the first sentence the following: ``Such liquidated damages are doubled (subject to section 11 of the Portal-to-Portal Act of 1947 (29 U.S.C. 260)) where, in addition to violating the provisions of section 6 or 7, the employer has violated the provisions of section 15(a)(6) with respect to such employee or employees.''; and (2) in subsection (e), by striking paragraph (2) and inserting the following: ``(2) Any person who violates section 6, 7, 11(c), or 15(a)(6) shall be subject to a civil penalty, for each employee or other individual who was the subject of such a violation, in an amount-- ``(A) not to exceed $1,100; or ``(B) in the case of a person who has repeatedly or willfully committed such violation, not to exceed $5,000.''. SEC. 3. EMPLOYEE RIGHTS WEBSITE. Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall establish a single webpage on the Department of Labor website that summarizes in plain language the rights of employees and non-employees under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), including the rights described in the amendments made by section 2. SEC. 4. MISCLASSIFICATION OF EMPLOYEES FOR UNEMPLOYMENT COMPENSATION PURPOSES. (a) In General.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended-- (1) in paragraph (11)(B), by striking the period and inserting ``; and''; (2) in paragraph (12), by striking the period and inserting ``; and''; and (3) by adding after paragraph (12) the following: ``(13)(A) Such auditing and investigative procedures as may be necessary to identify employers that have not registered under the State law or that are paying unreported wages, where these actions or omissions by the employers have the effect of excluding employees from unemployment compensation coverage; and ``(B) The making of quarterly reports to the Secretary of Labor (in such form as the Secretary of Labor may require) describing the results of the procedures under subparagraph (A); and ``(14) The establishment of administrative penalties for misclassifying employees, or paying unreported wages to employees without proper recordkeeping, for unemployment compensation purposes.''. (b) Review of Auditing Programs.--The Secretary of Labor shall include, in the Department of Labor's system for measuring the performance of States in conducting unemployment compensation tax audits, a specific measure of the effectiveness of States in identifying the underreporting of wages and the underpayment of unemployment compensation contributions (including the effectiveness of States in identifying instances of such underreporting or underpayments despite the absence of canceled checks, original time sheets, or other similar documentation). (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect 12 months after the date of enactment of this Act. (2) Exception.--If the Secretary of Labor finds that legislation is necessary for the unemployment compensation law of a State to comply with the amendments made by subsection (a), such amendments shall not apply with respect to such law until the later of-- (A) the day after the close of the first regular session of the legislature of such State that begins after the date of enactment of this Act; or (B) 12 months after the date of enactment of this Act. (d) Definition of State.--For purposes of this section, the term ``State'' has the meaning given the term in section 3306(j) of the Internal Revenue Code of 1986. SEC. 5. DEPARTMENT OF LABOR COORDINATION, REFERRAL, AND REGULATIONS. (a) Coordination and Referral.--Notwithstanding any other provision of law, any office, administration, or division of the Department of Labor that, while in the performance of its official duties, obtains information regarding the misclassification by a person subject to the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), or any order issued under such Act of any individual regarding whether such individual is an employee or a non-employee engaged in the performance of labor or services for purposes of section 6 or 7 of such Act (29 U.S.C. 206, 207), or in records required under section 11(c) of such Act (29 U.S.C. 211(c)), shall report such information to the Wage and Hour Division of the Department of Labor. The Wage and Hour Division may report such information to the Internal Revenue Service as the Wage and Hour Division considers appropriate. (b) Regulations.--The Secretary of Labor shall promulgate regulations to carry out this Act and the amendments made by this Act. SEC. 6. TARGETED AUDITS. The audits of employers subject to the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) that are conducted by the Wage and Hour Division of the Department of Labor shall include certain industries with frequent incidence of misclassifying employees as non-employees, as determined by the Secretary of Labor.

Payroll Fraud Prevention Act of 2017 This bill amends the Fair Labor Standards Act of 1938 to require employers to accurately classify their employees or non-employees as employees or independent contractors and to notify such employees or non-employees of their classification. The bill makes it unlawful for any person to: (1) discharge or otherwise discriminate against an employee or non-employee who has filed a complaint with respect to their employment classification, and (2) wrongly classify an employee as a non-employee. The bill doubles the amount of liquidated damages for unpaid wages and misclassifications of employees. The bill amends the Social Security Act to: (1) require, as a condition for the federal grant program for unemployment compensation administration, auditing and investigative procedures to identify employers who are not registered under state law or who are paying unreported wages; and (2) impose administrative penalties for misclassification of employees or payment of unreported wages without proper recordkeeping. The bill requires the Department of Labor to report any misclassification of an employee to its Wage and Hour Division. The Wage and Hour Division is then authorized to report a misclassification to the Internal Revenue Service.

Payroll Fraud Prevention Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Interest Lawyer Assistance and Relief Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The ability to repay financial obligations incurred in obtaining a legal education has become a deterrent to law school graduates accepting public interest employment. (2) The increasing level of educational debt leads recent law school graduates to accept positions with private firms offering high salaries rather than with lower paying public interest organizations. (3) This has led to a decrease in the number of attorneys available to serve public needs in government, non-profit, and special interest capacities. (4) The establishment of a Federal loan repayment assistance program for attorneys entering public interest jobs will increase access to legal services in these areas by helping recent law school graduates to meet their educational financial obligations. SEC. 3. ESTABLISHMENT OF PROGRAM. (a) Program.-- (1) In general.--The Secretary of Education (in this section referred to as the ``Secretary'') shall carry out a program of assuming the obligation to repay, pursuant to subsection (c), a loan made, insured, or guaranteed under part B or D of title IV of the Higher Education Act of 1965 (excluding loans made under sections 428B and 428C of such Act or comparable loans made under part D of such title) for any borrower who enters into an agreement with the Secretary to complete 3 years of service as a lawyer employed in a public interest position. (2) Award basis; deferment.-- (A) Award basis.--Loan repayment under this section shall be on a first-come, first-serve basis and subject to the availability of appropriations, and to any limitations imposed by the Secretary under section 5. The Secretary shall, on the basis of an application that complies with subsection (d)(1), select from among eligible applicants the borrowers with which to enter into the agreements described in paragraph (1). (B) Deferment.--The Secretary shall, by regulation, provide for the deferment of repayment of loans made, insured, or guaranteed under part B or D of title IV of the Higher Education Act of 1965 (excluding loans made under sections 428B and 428C of such Act or comparable loans made under part D of such title) for borrowers who enter into such agreements and provide evidence in accordance with such regulations of employment in a position qualifying for repayment of such loans under paragraph (1). (3) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. (b) Loan Repayment.-- (1) Eligible amount.--Except as provided by the Secretary pursuant to section 5, the amount the Secretary may repay on behalf of any individual under this section shall not exceed the greater of-- (A) the sum of the principal amounts outstanding of the individual's qualifying loans at the beginning of the first year of service described in subsection (a)(1); or (B) a total of more than $20,000. (2) Construction.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under part B or D of title IV of the Higher Education Act of 1965. (3) Interest.--If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. (c) Repayment to Eligible Lenders.--Except as provided by the Secretary pursuant to section 5, the Secretary shall pay to each eligible lender or holder for each year an amount equal to one-third of the aggregate amount of loans which are subject to repayment pursuant to subsection (b)(1). (d) Application for Repayment.-- (1) In general.--Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Eligible positions.--An individual shall be treated as serving as a lawyer employed in a public interest position under this section after completing a year of service as a practising attorney in a position in-- (A) local, State, or Federal government; (B) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986; or (C) a judicial clerkship. (e) Treatment of Consolidation Loans.--A loan amount for a consolidation loan made under section 428C of the Higher Education Act of 1965, or a Federal Direct Consolidation Loan made under part D of title IV of such Act, may be a qualified loan amount for the purpose of this section only to the extent that such loan amount was used by a borrower who otherwise meets the requirements of this section to repay-- (1) a loan made under section 428 or 428H of such Act; or (2) a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan, made under part D of title IV of such Act. (f) Prevention of Double Benefits.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). SEC. 4. ADMINISTRATION. The Secretary shall create or designate an administering body within the Department of Education to-- (1) establish and determine eligibility criteria under this Act; (2) alter the limits on the amount of loan repayment assistance participants may receive during their period of participation under section 3; (3) alter the limits on the amount of time a law school graduate may participate in the loan assistance repayment program under section 3; (4) accept funding and gifts on behalf of the program; (5) raise funds on behalf of the program; and (6) disburse funds or designate another entity to do so on behalf of the program. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2003 and for each of the 4 succeeding fiscal years.

Public Interest Lawyer Assistance and Relief Act - Directs the Secretary of Education to carry out a student loan forgiveness program for any borrower who agrees to complete three years of service as a public interest lawyer. Directs the Secretary, under such program, to: (1) repay up to $20,000 of such borrower's obligation on a loan made, insured, or guaranteed under part B (Federal Family Education Loan Program) or D (Federal Perkins Loans) of title IV (Student Assistance) of the Higher Education Act of 1965 (HEA); and (2) provide for deferment of repayment of such loans by such borrower while employed as a public interest lawyer. Excludes from such program Federal PLUS loans (to parents) and Federal consolidation loans under part B or comparable loans made under part D. Allows certain amounts under consolidation loans to qualify for such program. Treats an individual as serving as a public interest lawyer eligible to apply for such program after completion of a year of service as a practicing attorney in: (1) local, State, or Federal government; (2) a tax-exempt organization; or (3) a judicial clerkship. Provides such loan repayment on a first-come, first-serve basis, and subject to the availability of appropriations and to any limitations imposed by the Secretary. Directs the Secretary to create or designate an administering entity for such program within the Department of Education.

To provide financial assistance to law school graduates who choose to accept employment in a public interest position.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Older Workers Against Discrimination Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) In enacting the Age Discrimination in Employment Act of 1967, Congress intended to eliminate discrimination against individuals in the workplace based on age. (2) In passing the Civil Rights Act of 1991, Congress correctly recognized that unlawful discrimination is often difficult to detect and prove because discriminators do not usually admit their discrimination and often try to conceal their true motives. (3) Congress has relied on a long line of court cases holding that language in the Age Discrimination in Employment Act of 1967, and similar antidiscrimination and antiretaliation laws, that is nearly identical to language in title VII of the Civil Rights Act of 1964 would be interpreted consistently with judicial interpretations of title VII of the Civil Rights Act of 1964, including amendments made by the Civil Rights Act of 1991. The Supreme Court's decision in Gross v. FBL Financial Services, Inc., 129 S. Ct. 2343 (2009), has eroded this long- held understanding of consistent interpretation and circumvented well-established precedents. (4) The holding of the Supreme Court in Gross, by requiring proof that age was the ``but for'' cause of employment discrimination, has narrowed the scope of protection intended to be afforded by the Age Discrimination in Employment Act of 1967, thus eliminating protection for many individuals whom Congress intended to protect. (5) The Supreme Court's holding in Gross, relying on misconceptions about the Age Discrimination in Employment Act of 1967 articulated in prior decisions of the Court, has significantly narrowed the broad scope of the protections of the Age Discrimination in Employment Act of 1967. (6) Unless Congress takes action, victims of age discrimination will find it unduly difficult to prove their claims and victims of other types of discrimination may find their rights and remedies uncertain and unpredictable. (b) Purpose.--The purpose of this Act is to ensure that the standard for proving unlawful disparate treatment under the Age Discrimination in Employment Act of 1967 and other anti-discrimination and anti-retaliation laws is no different than the standard for making such a proof under title VII of the Civil Rights Act of 1964, including amendments made by the Civil Rights Act of 1991. SEC. 3. STANDARD OF PROOF. Section 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) is amended by adding after subsection (f) the following: ``(g)(1) For any claim brought under this Act or any other authority described in paragraph (5), a plaintiff establishes an unlawful employment practice if the plaintiff demonstrates by a preponderance of the evidence that-- ``(A) an impermissible factor under that Act or authority was a motivating factor for the practice complained of, even if other factors also motivated that practice; or ``(B) the practice complained of would not have occurred in the absence of an impermissible factor. ``(2) On a claim in which a plaintiff demonstrates a violation under paragraph (1)(A) and a defendant demonstrates that the defendant would have taken the same action in the absence of the impermissible motivating factor, the court-- ``(A) may grant declaratory relief, injunctive relief (except as provided in subparagraph (B)), and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under paragraph (1); and ``(B) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment. ``(3) In making the demonstration required by paragraph (1), a plaintiff may rely on any type or form of admissible circumstantial or direct evidence and need only produce evidence sufficient for a reasonable trier of fact to conclude that a violation described in subparagraph (A) or (B) of paragraph (1) occurred. ``(4) Every method for proving either such violation, including the evidentiary framework set forth in McDonnell-Douglas Corp. v. Green, 411 U.S. 792 (1973), shall be available to the plaintiff. ``(5) This subsection shall apply to any claim that the practice complained of was motivated by a reason that is impermissible, with regard to that practice, under-- ``(A) this Act, including subsection (d); ``(B) any Federal law forbidding employment discrimination; ``(C) any law forbidding discrimination of the type described in subsection (d) or forbidding other retaliation against an individual for engaging in, or interference with, any federally protected activity including the exercise of any right established by Federal law (including a whistleblower law); or ``(D) any provision of the Constitution that protects against discrimination or retaliation. ``(6) This subsection shall not apply to a claim under a law described in paragraph (5)(C) to the extent such law has an express provision regarding the legal burdens of proof applicable to that claim. ``(7) In any proceeding, with respect to a claim described in paragraph (5), the plaintiff need not plead the existence of this subsection. ``(8) In this subsection, the term `demonstrates' means meet the burdens of production and persuasion.''. SEC. 4. APPLICATION. This Act, and the amendments made by this Act, shall apply to all claims described in section 4(g)(4) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623(g)(4)) pending on or after June 17, 2009.

Protecting Older Workers Against Discrimination Act - Amends the Age Discrimination in Employment Act of 1967 to declare that a plaintiff establishes an unlawful employment practice if the plaintiff demonstrates by a preponderance of the evidence that: (1) an impermissible factor or authority was a motivating factor for the practice complained of, even if other factors also motivated that practice; or (2) the practice complained of would not have occurred in the absence of an impermissible factor. Specifies the types of: (1) evidence that a plaintiff may utilize; and (2) relief and damages available to a successful plaintiff.

To amend the Age Discrimination in Employment Act of 1967 to clarify the appropriate standard of proof.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Putting America First Corporate Tax Act''. SEC. 2. INCLUSION IN SUBPART F INCOME OF INVESTMENTS BY CONTROLLED FOREIGN CORPORATIONS WITH RESPECT TO MEMBERS OF FOREIGN GROUP WHICH INCLUDES UNITED STATES SHAREHOLDER. (a) In General.--Section 956(a)(1)(A) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) such shareholder's pro rata share of the average of-- ``(i) the amounts of United States property, and ``(ii) in the case of a controlled foreign corporation which is a member of an expanded affiliated group the common parent of which is not a United States person, the amount of foreign group property, held (directly or indirectly) by the controlled foreign corporation as of the close of each quarter of such taxable year, over''. (b) Foreign Group Property.--Section 956 of such Code is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following new subsection: ``(d) Foreign Group Property; Expanded Affiliated Group.--For purposes of this section-- ``(1) Foreign group property.-- ``(A) In general.--The term `foreign group property' means any stock or obligation of any foreign person which is not a controlled foreign corporation. ``(B) Exceptions.--Such term shall not include-- ``(i) the stock or obligation of any entity if less than 25 percent of the total combined voting power of such entity, immediately after the acquisition of any stock in such entity by the controlled foreign corporation, is owned (directly or indirectly) by the common parent referred to in subsection (a)(1)(A)(ii), and ``(ii) property described in subparagraph (C), (I), (J), or (K) of subsection (c)(2), applied by substituting `foreign person' for `United States person' in such subparagraphs (C) and (J). ``(2) Expanded affiliated group.--The term `expanded affiliated group' means an affiliated group as defined in section 1504(a), determined-- ``(A) by substituting `more than 50 percent' for `at least 80 percent' each place it appears, and ``(B) without regard to paragraphs (2) and (3) of section 1504(b). A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity controls (as determined under section 954(d)(3)), or is controlled by (as so determined), members of such group (including any entity treated as a member of such group by reason of this sentence). ``(3) Application to non-corporate entities.--In the case of any entity which is not a corporation-- ``(A) any reference in this subsection to stock shall be treated as a reference to any equity or profits interest in such entity, and ``(B) except as otherwise provided by the Secretary, paragraph (1)(B)(i) shall be applied by substituting `25 percent (by value) of the beneficial interests in such entity' for `25 percent of the total combined voting power of such entity'.''. (c) Application of Rules for Pledges and Guarantees.--Section 956(e) of such Code, as so redesignated, is amended to read as follows: ``(e) Pledges and Guarantees.--For purposes of subsection (a), a controlled foreign corporation shall, under regulations prescribed by the Secretary, be considered as holding-- ``(1) an obligation of a United States person if such controlled foreign corporation is a pledgor or guarantor of such obligation, and ``(2) an obligation of a foreign person if such controlled foreign corporation or, to the extent provided under such regulations, any United States shareholder of such controlled foreign corporation, is a pledgor or guarantor of such obligation.''. (d) Application of Limitation on Amount of Foreign Taxes Deemed Paid With Respect to Section 956 Inclusions.--Notwithstanding section 214(b) of Public Law 111-226, section 960(c) of the Internal Revenue Code of 1986 shall apply to acquisitions of foreign group property (as defined in 956(d) of such Code, as amended by this section) after December 31, 2010, in addition to acquisitions of United States property (as defined in section 956(c) of such Code) after such date. (e) Effective Date.--The amendments made by this section shall apply to taxable years of controlled foreign corporations ending after the date of the enactment of this Act and to taxable years of United States shareholders in which or with which such taxable years of controlled foreign corporations end. SEC. 3. TERMINATION OF DEFERRAL OF ACTIVE INCOME OF CONTROLLED FOREIGN CORPORATIONS. (a) In General.--Section 952 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Special Application of Subpart.-- ``(1) In general.--For taxable years beginning after December 31, 2014, notwithstanding any other provision of this subpart, the term `subpart F income' means, in the case of any controlled foreign corporation, the income of such corporation derived from any foreign country. ``(2) Applicable rules.--Rules similar to the rules under the last sentence of subsection (a) and subsection (d) shall apply to this subsection.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2014.

Putting America First Corporate Tax Act - Amends the Internal Revenue Code to include in subpart F income (income of a controlled foreign corporation earned outside the United States that is not tax deferred): (1) a shareholder's pro rata share of the average of certain U.S. and foreign property held by a controlled foreign corporation as of the close of each quarter of a taxable year, and (2) the income of a controlled foreign corporation derived from any foreign country.

Putting America First Corporate Tax Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Direct Billing Act''. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. The Public Health Service Act is amended by adding at the end the following: ``TITLE XXVII--RESTRICTIONS ON BILLING ``SEC. 2701. PROHIBITION. ``(a) Billing of Others for Ancillary Health Services.--Except as provided in section 2702, it shall be unlawful for any person (including any individual or entity) who furnishes ancillary health services (as defined in section 2705(1)) to present or cause to be presented, a claim, bill, or demand for payment to any person other than the patient receiving such services. ``(b) Billing of Recipient of Services.--Except as provided in section 2702, it shall be unlawful for any physician, or the agent of any physician, to present, or cause to be presented, a claim, bill, or demand for payment for ancillary health services to any recipient of such services unless the services covered by the claim, bill, or demand were furnished-- ``(1) personally by, or under the supervision of, the referring physician; ``(2) personally by, or under the supervision of, a physician who is a member of the same group practice as the referring physician; or ``(3) personally by individuals who are employed by such physician or group practice and who are personally supervised by the physician or by another physician in the group practice. ``(c) General Exception for Services Under Medicare.--This section does not apply with respect to any ancillary health services for which payment may be made under title XVIII of the Social Security Act. ``SEC. 2702. EXCEPTIONS. ``Notwithstanding the provisions of section 2701, a person who furnishes ancillary health services to an individual may present, or cause to be presented, for payment for actual services rendered a claim, bill, or demand to-- ``(1) an immediate family member of the recipient of the services or any other person legally responsible for the debts or care of the recipient of the services; ``(2) a third party payor designated by the recipient of the services; ``(3) a health maintenance organization in which the recipient of the services is enrolled; ``(4) a hospital or skilled nursing facility where the recipient of the services was an inpatient or outpatient at the time the services were provided; ``(5) an employer where the recipient of the services is an employee of such employer and the employer is responsible for payment for the services; ``(6) a governmental agency or specified agent, on behalf of the recipient of the services; ``(7) a substance abuse program where the clients of such a program were the recipient of the services; ``(8) a clinic or other health care provider that has been designated (or that is operated by an organization that has been designated) as tax-exempt pursuant to section 501(c)(3) of the Internal Revenue Code of 1986 whose purpose is the promotion of public health, if the services rendered relate to testing for sexually transmitted disease, acquired immune deficiency syndrome, pregnancy, pregnancy termination, or other conditions where the Secretary has determined that compliance with section 2701 could seriously compromise the recipient's need for confidentiality; ``(9) a person engaged in bona fide research studies; ``(10) the party requesting the ancillary health services where Federal, State, or local law requires that the identity of the recipient be kept confidential; ``(11) another person furnishing the same ancillary health services for which payment is sought (hereafter referred to in this paragraph as the `requesting party') where the person presenting, or causing to be presented, the claim, bill, or demand for payment furnished the services at the request of the requesting party, except that the requesting party may not be a facility owned or operated by the physician requesting the ancillary health service; and ``(12) an entity approved to receive such claims, bills or demands by the Secretary in regulations. The persons described in paragraphs (1) through (12) who have received a claim, bill, or demand for payment for such ancillary health services may present, or cause to be presented, such claim, bill, or demand to the responsible party. ``SEC. 2703. SANCTIONS. ``(a) Payment.--No payment may be made for a service that is provided in violation of section 2701. ``(b) Collection of Amounts.-- ``(1) Liability on collection.--If a person collects any amounts that were billed in violation of section 2701(a), such person shall be liable for, and shall refund on a timely basis to the individual whom such amounts were collected, any amounts so collected. ``(2) Collection by physician.--If a physician collects any amounts from a recipient of services, or from another person on behalf of the recipient of services (including a third-party payor) that were billed in violation of section 2701(b), such physician shall be liable for, and shall refund on a timely basis to the recipient or person, any amounts so collected. ``(c) Repeated Claims.--Any person that presents, or causes to be presented, on a repeated basis, a bill or a claim that such person knows, or should have known, is for a service for which payment may not be made under subsection (a), or for which a refund has not been made under subsection (b), shall be subject to a civil money penalty of not more than $5,000 for each such bill or claim. The provisions of section 1128A of the Social Security Act (other than the first sentence of subsection (a) and subsection (b)) shall apply to a civil money penalty assessed under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under such section 1128A(a). ``(d) Suspension of Laboratory Certification.--If the Secretary finds, after reasonable notice and opportunity for a hearing, that a laboratory which holds a certificate pursuant to section 353 has violated section 2701, the Secretary may suspend, revoke or limit such certification in accordance with the procedures established in section 353(k). ``(e) Exclusion From Other Programs.-- ``(1) Authority.--The Secretary may exclude from participation in any program under title XVIII of the Social Security Act, any individual or entity that the Secretary determines has violated section 2701 and may direct that such individual and entity be excluded from participation in any State health care program receiving Federal funds. ``(2) Application of other law.--The provisions of section 1128(e) of the Social Security Act shall apply to any exclusion under paragraph (1) in the same manner as such provisions apply to a proceeding under such section 1128. ``SEC. 2704. REGULATIONS. ``The Secretary shall by regulation impose such other requirements as may be necessary to implement the purposes of this title. ``SEC. 2705. DEFINITIONS. ``As used in this title: ``(1) Ancillary health services.--The term `ancillary health services' means-- ``(A) clinical laboratory services; ``(B) diagnostic x-ray tests and other diagnostic imaging services including CT and magnetic resonance imaging services; ``(C) other diagnostic tests; ``(D) durable medical equipment; and ``(E) physical therapy services. ``(2) Group practices.--The term `group practice' means a group of 2 or more physicians legally organized as a partnership, professional corporation, foundation, not-for- profit corporation, faculty practice plan, or similar association-- ``(A) in which each physician who is a member of the group provides substantially the full range of services that the physician routinely provides (including medical care, consultation, diagnosis, or treatment) through the joint use of shared office space, facilities, equipment, and personnel; ``(B) for which substantially all of the services of the physicians who are members of the group are provided through the group and are billed in the name of the group and amounts so received are treated as receipts of the group; ``(C) in which the overhead expenses of and the income from the practice are distributed in accordance with methods previously determined by members of the group; and ``(D) which meets such other standards as the Secretary may impose by regulation. In the case of a faculty practice plan associated with a hospital with an approved medical residency training program in which physician members may provide a variety of different specialty services and provide professional services both within and outside the group (as well as perform other tasks, such as research), the definition of such term shall be limited with respect to the services provided outside of the faculty practice plan. ``(3) Immediate family member.--The term `immediate family member' shall include spouses, natural and adoptive parents, natural and adoptive children, natural and adopted siblings, stepparents, stepchildren and stepsiblings, fathers-in-law, mothers-in-law, brothers-in-law, sisters-in-law, sons-in-law and daughters-in-law, grandparents and grandchildren, and such additional family members as may be specified in regulations adopted by the Secretary. ``(4) Physician.--The term `physician' means-- ``(A) a doctor of medicine or osteopathy legally authorized to practice medicine and perform surgery by the State in which such individual performs such function or action; ``(B) a doctor of dental surgery or of dental medicine who is legally authorized to practice dentistry in the State in which such individual performs such functions; ``(C) a doctor of podiatric medicine; ``(D) a doctor of optometry; or ``(E) a chiropractor. ``(5) Third party payor.--The term `third party payor' means any health care insurer, including any hospital services corporation, health services corporation, medical expense indemnity corporation, mutual insurance company, or self- insured corporation, that provides coverage for health or health-related items or service.''. SEC. 3. EFFECTIVE DATE. (a) In General.--This Act shall become effective December 31, 1996. (b) Regulations.--Not later than July 1, 1997, the Secretary of Health and Human Services shall promulgate such regulations as may be appropriate to carry out this Act.

Direct Billing Act - Amends the Public Health Service Act to make it unlawful for any person to present a bill, claim, or demand for payment to any person other than the patient receiving services. Makes it unlawful for any physician to present a bill for ancillary health services to any recipient of such services unless the services were furnished personally by: (1) the referring physician; (2) a physician who is a member of the same group practice as the referring physician; or (3) individuals employed by such physician or group practice who are supervised by such physician or another physician in the group practice. Makes such prohibitions inapplicable with respect to ancillary health services for which payment may be made under title XVIII (Medicare) of the Social Security Act. Provides exceptions to such prohibitions, including demands for payments made to immediate family members, designated payors of the patient, or a health maintenance organization in which a recipient is enrolled. Provides sanctions against those collecting payment in violation of this Act. Allows the Secretary of Health and Human Services to suspend, revoke, or limit a laboratory certification as part of such sanctions. Defines "ancillary health services" as clinical laboratory services, diagnostic x-rays and other diagnostic imaging services and tests, durable medical equipment, and physical therapy services.

Direct Billing Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoration of Natural Resources Laws on the Public Lands Act of 1996''. SEC. 2. REPEAL OF EMERGENCY SALVAGE TIMBER SALE PROGRAM. (a) Definition of Secretary Concerned.--In this section, the term ``Secretary concerned'' means-- (1) the Secretary of Agriculture, with respect to an activity involving land in the National Forest System; and (2) the Secretary of the Interior, with respect to an activity involving land under the jurisdiction of the Bureau of Land Management. (b) Repeal.--Section 2001 of Public Law 104-19 (109 Stat. 240; 16 U.S.C. 1611 note) is repealed. (c) Suspension.-- (1) In general.--Notwithstanding any outstanding judicial order or administrative decision interpreting section 2001 of Public Law 104-19 (109 Stat. 240; 16 U.S.C. 1611 note) (as in existence prior to the date of enactment of this Act), the Secretary of Agriculture and the Secretary of the Interior shall suspend each activity that was being undertaken in whole or in part under the authority provided in the section, unless the Secretary concerned determines that the activity would have been undertaken even in the absence of the subsection. (2) Resumption of an activity.--The Secretary concerned may not resume an activity suspended under paragraph (1) until the Secretary concerned determines that the activity (including any modification after the date of enactment of this Act) complies with environmental and natural resource laws. SEC. 3. STUDIES. (a) Purpose.--The purpose of this section is to provide factual information useful to the President and Congress in setting funding and operational levels for the public forests in order to ensure that the public forests are operated so that the health of forest resources is secured with ecological and financial effectiveness. (b) Nature and Extent of the Situation.-- (1) In general.--The Secretary of Agriculture, through the research branch of the Forest Service, shall undertake a study to report on the nature and extent of the forest health situation in the National Forest System. (2) Nature.--The nature of forest health shall be categorized into types of situations, including-- (A) overstocked stands of unmerchantable-size trees; (B) stands with excessive fuel loads; (C) mixed conifer stands with an inappropriate mix of tree species; and (D) combinations of the situations described in subparagraphs (A) through (C). (3) Extent.--The extent of forest health shall include acreage estimates of each situation type and shall distinguish variations in severity. (4) Representative sample measurements.--If feasible, the Secretary shall use representative sample measurements with a specified degree of confidence in extending the measurements to the whole population. (5) Presentation.--The report shall present data at the national forest or a comparable level and shall be displayed geographically and tabularly. (6) Review.--The report shall be properly reviewed by the scientific community prior to transmission under paragraph (7). (7) Transmission.--The report shall be transmitted to Congress not later than 1 year after the date of enactment of this Act. (c) Ecological Efficacy of Activities.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary of Agriculture shall enter into a contract with the National Academy of Sciences for the purpose of conducting a study of the ecological and forest health consequences of various activities intended, at least in part, to improve forest health. (2) Activities examined.--The activities examined under paragraph (1) shall include-- (A) site preparation for reforestation, artificial reforestation, natural regeneration, stand release, precommercial thinning, fertilization, other stand improvement activities, salvage harvesting, and brush disposal; (B) historical as well as recent examples and a variety of conditions in ecological regions; and (C) a comparison of various activities within a watershed, including activities conducted by other Federal land management agencies. (3) Transmission.--The report shall be transmitted to the Chief of the Forest Service and to Congress not later than 2 years after the date of enactment of this Act. (d) Economic Efficacy of Activities.-- (1) In general.--The Comptroller General of the United States, through the General Accounting Office, shall conduct a study of the Federal, State, and local fiscal and other economic consequences of activities intended, at least in part, to improve forest health. (2) Coordination.--The study conducted under this subsection shall be coordinated with the study conducted under subsection (c)-- (A) to ensure that the same groups of activities in the same geographic area are examined; and (B) to develop historic as well as recent effects that illustrate financial and economic trends. (3) Federal fiscal effects.--In assessing the Federal fiscal effects, the Comptroller General shall distinguish the net effects on the Treasury of the United States from changes in the balances in the various special accounts and trust funds, including appropriated funds used to conduct the planning, execution, sale administration, support from other programs, regeneration, site restoration, agency overhead, and payments in lieu of taxes associated with timber cutting. (4) Transmission.--The study shall be transmitted to the Chief of the Forest Service and to Congress not later than 2 years after the date of enactment of this Act. (e) Improvement of Activities.--In response to the findings of the National Academy of Sciences and the Comptroller General under subsections (c) and (d), the Chief of the Forest Service shall assess opportunities for improvement of, and progress in improving, the ecological, economic, and fiscal consequences and efficacy for each national forest. (f) Forest Service Study.-- (1) In general.--The Chief of the Forest Service shall conduct a study of alternative systems for administering forest health-related activities, including, modification of special account and trust fund management and reporting, land management service contracting, and government logging. (2) Similarities and differences.--The study shall compare and contrast the various alternatives with systems in existence on the date of the study, including-- (A) ecological effects; (B) forest health changes; (C) Federal, State, and local fiscal and other economic consequences; and (D) opportunities for the public to be involved in decisionmaking before activities are undertaken. (3) Requirements of study.--To ensure the validity of the study, in measuring the effect of the use of contracting, the study shall specify the costs that contractors would bear for health care, retirement, and other benefits afforded public employees performing the same tasks. (4) Transmittal.--The report shall be transmitted to Congress not later than 1 year after the studies conducted under subsections (c) and (d) are transmitted to Congress. (g) Public Availability.--The reports conducted under this section shall be published in a form available to the public at the same time the reports are transmitted to Congress. Both a summary and a full report shall be published.

Restoration of Natural Resources Laws on the Public Lands Act of 1996 - Amends Federal law to repeal the emergency salvage timber sale program. Provides for specified forest health-related studies.

Restoration of Natural Resources Laws on the Public Lands Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``10 Million Solar Roofs Act of 2014''. SEC. 2. FINDINGS. Congress finds that-- (1) there is enormous potential for increasing the quantity of electricity produced in the United States from distributed solar photovoltaic systems; (2) as the market for solar technology continues to grow, the industry will achieve economies of scale that make the cost of solar-generated electricity broadly competitive with the cost of electricity from fossil fuels; (3) producing electricity from distributed solar photovoltaic systems helps to reduce greenhouse gas emissions and does not result in emissions of harmful air pollutants such as mercury, sulfur dioxide, and nitrogen oxides; (4) increasing the quantity of electricity generated from domestic renewable energy sources enhances national energy security; (5) investments in solar energy and other renewable energy sources lead to the creation of green jobs that provide substantial economic benefits; (6) the United States solar industry employed more than 140,000 people spread across all 50 States in 2013, which is a 53 percent increase over 2010, according to the Solar Foundation; and (7) the solar industry is investing almost $15,000,000,000 in the United States economy annually, according to GTM Research and the Solar Energy Industries Association. SEC. 3. DEFINITIONS. In this Act: (1) Photovoltaic system.--The term ``photovoltaic system'' includes-- (A) solar panels; (B) roof support structures; (C) inverters; (D) an energy storage system, if the energy storage system is integrated with the photovoltaic system; and (E) any other hardware necessary for the installation of a photovoltaic system. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. REBATES FOR PURCHASE AND INSTALLATION OF PHOTOVOLTAIC SYSTEMS. (a) In General.--The Secretary shall establish a program under which the Secretary shall provide rebates to eligible individuals or entities for the purchase and installation of photovoltaic systems for residential and commercial properties in order to install, over the 10- year period beginning on the date of enactment of this Act, at least an additional 10,000,000 photovoltaic systems in the United States (as compared to the number of photovoltaic systems installed in the United States as of the date of enactment of this Act) with a cumulative capacity of at least 60,000 megawatts. (b) Eligibility.-- (1) In general.--To be eligible for a rebate under this section-- (A) the recipient of the rebate shall be a homeowner, business, nonprofit entity, or State or local government that purchased and installed a photovoltaic system for a property located in the United States; and (B) the recipient of the rebate shall meet such other eligibility criteria as are determined to be appropriate by the Secretary. (2) Other entities.--After public review and comment, the Secretary may identify other individuals or entities located in the United States that qualify for a rebate under this section. (c) Amount.--Subject to subsection (d)(2), the amount of a rebate provided to an eligible individual or entity for the purchase and installation of a photovoltaic system for a property under this section shall be equal to the lesser of-- (1) 15 percent of the initial capital costs for purchasing and installing the photovoltaic system, including costs for hardware, permitting and other ``soft costs'', and installation; or (2) $10,000. (d) Intermediate Report.--As soon as practicable after the end of the 5-year period beginning on the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress, and publish on the website of the Department of Energy, a report that describes-- (1) the number of photovoltaic systems for residential and commercial properties purchased and installed with rebates provided under this section; and (2) any steps the Secretary will take to ensure that the goal of the installation of an additional 10,000,000 photovoltaic systems in the United States is achieved by 2024. (e) Relationship to Other Law.--The authority provided under this section shall be in addition to any other authority under which credits or other types of financial assistance are provided for installation of a photovoltaic system for a property. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

10 Million Solar Roofs Act of 2014 - Requires the Department of Energy (DOE) to establish a program to provide rebates for the purchase and installation of photovoltaic systems with the goal to install 10 million systems with a cumulative capacity of at least 60,000 megawatts over the next ten years. Includes within the photovoltaic system solar panels, roof support structures, inverters (to convert the current output from a solar panel into a frequency that can be fed into the electrical grid), an energy storage system if it is integrated with the system, and any other hardware necessary for the installation of a system.

10 Million Solar Roofs Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kentucky Artisan Heritage Trails National Heritage Area Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Kentucky Artisan Heritage Trails includes 48 counties in the Commonwealth of Kentucky. These counties include: Adair, Bath, Bell, Boyd, Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland, Elliott, Estill, Fleming, Floyd, Garrard, Green, Harlan, Hart, Jackson, Johnson, Knott, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, Madison, Magoffin, Martin, McCreary, Menifee, Monroe, Montgomery, Morgan, Owsley, Perry, Pike, Powell, Pulaski, Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe; (2) has an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities and by combining diverse and sometimes noncontiguous resources and active communities; (3) reflects traditions, customs, beliefs, and folklife that are a valuable part of the national story; (4) provides opportunities to conserve natural, historic, cultural, or scenic features; (5) provides outstanding recreational and educational opportunities; (6) includes residents, business interests, nonprofit organizations, and Universities that are involved in the planning, have developed a conceptual financial plan that outlines the roles of all participants (including the Federal government), and have demonstrated support for the concept of a national heritage area; (7) has a potential management entity to work in partnership with residents, business interests, nonprofit organizations, and Universities to develop a national heritage area consistent with continued local and State economic activity; and (8) has a conceptual boundary map that is supported by the public. (b) Purposes.--The purposes of this Act are as follows: (1) To establish the Kentucky Artisan Heritage Trails National Heritage Area in the Commonwealth of Kentucky. (2) To provide a management framework to foster a close relationship with all levels of government, the private sector, and the local communities in the Kentucky Artisan Heritage Trails region to conserve the region's heritage while continuing to pursue compatible economic opportunities. (3) To assist communities, organizations, and citizens in the Commonwealth of Kentucky in identifying, preserving, interpreting, and developing the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations. SEC. 3. DEFINITION. As used in this Act-- (1) Area.--The term ``Area'' means the Kentucky Artisan Heritage Trails, which includes 17 trails encompassing 48 counties in the Commonwealth of Kentucky. (2) Association.--The term ``Association'' means the Southern and Eastern Kentucky Tourism Development Association. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. SEC. 4. KENTUCKY ARTISAN HERITAGE TRAILS NATIONAL HERITAGE AREA. (a) Establishment.--There is hereby established in the Commonwealth of Kentucky, the Kentucky Artisan Heritage Trails National Heritage Area. (b) Management Entity.--Southern and Eastern Kentucky Tourism Development Association (SEKTDA) shall be the management entity for the Kentucky Artisan Heritage Trails National Heritage Area. (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of Interior. (d) Boundaries.--The heritage area should include 48 counties in Kentucky, including: Adair, Bath, Bell, Boyd, Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland, Elliott, Estill, Fleming, Floyd, Garrard, Green, Harlan, Hart, Jackson, Johnson, Knott, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, Madison, Magoffin, Martin, McCreary, Menifee, Monroe, Montgomery, Morgan, Owsley, Perry, Pike, Powell, Pulaski, Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe. (e) Specific Sites.--The heritage area includes the following sites: (1) National park service sites.-- (A) Red Bird Trail begins in the Cumberland Gap National Historical Park and leads travelers 143 miles through the Daniel Boone National Forest along Pine Mountain. A museum dedicated to the recovered WWII Lost Squadron airplane ``Glacier Girl'' can be seen along this trail that covers Bell, Harlan, Leslie and Clay counties. (B) Cave Country Trail is named for the numerous caves and caverns that populate 127 miles through the Mammoth Cave National Park covering Hart, Green and Monroe counties. This region includes the Kentucky Repertory Theatre, historic tours of Greensburg and Munfordsville, Kentucky, and the Old Mulkey Meeting House State Historic Park. (C) Moonbow Trail leads travelers 126 miles through portions of the Big South Fork National River and Recreation area, and the Cumberland Falls State Resort Park. The trail includes beautiful Kentucky landscapes such as Eagle Falls, Big South Fork Scenic Railway, and historic mining communities in Pulaski, Wayne and McCreary counties. (2) Other federal lands.-- (A) Buckhorn Trail is 100 miles in length and leads travelers through the Daniel Boone National Forest. Site of interest include a log cathedral, outdoor recreation and scenic beauty of Buckhorn Lake State Park in Owsley, Clay, Leslie, Perry and Breathitt counties. (B) Millstone Trail leads travelers through the Daniel Boone National Forest and includes the Levi Jackson Wilderness State Park. This 108 mile trail includes Cumberland Falls and home of the original Kentucky Fried Chicken in Laurel, Knox, Whitley, Clay and Jackson counties. (C) Red River Gorge Trail travels 141 miles through the Daniel Boone National Forest and includes the Nada Tunnel in the Red River Gorge Geological Area's beautiful mountain region covering Montgomery, Menifee, Wolfe, Powell and Clark counties. (D) Gateway Trail travels 105 miles through the Daniel Boone National Forest and includes the Kentucky Music Hall of Fame and Museum and the well-known music venue Renfro Valley Entertainment Center. The trail includes Madison, Rockcastle, Laurel and Jackson counties. (E) Battlefield Trail, named for the Battle of Richmond and Civil War history, spans 93 miles through the Daniel Boone National Forest in Madison and Estill counties. Historic points of interest include Valley View Ferry, Bybee Pottery, Fitchburg Furnace and Fort Boonesborough. (F) Tygart's Creek Trail leads travelers through the Daniel Boone National Forest and 153 miles through the Carter Caves State Park which includes the Kentucky Folk Art Museum and Cave Run Lake covering Rowan, Morgan, Elliott, Carter, Lewis, Fleming and Bath counties. (G) Natural Bridge Trail leads travelers 122 miles through the Red River Gorge National Geological Area and includes portions of the Daniel Boone National Forest. Sites of interest include regional restaurants and artisan shops along the Menifee, Morgan, Wolfe, Breathitt, Lee and Powell counties. (3) Other public lands.-- (A) Lilley's Woods Trail offers destinations such as the Hindman Settlement School, the Kentucky Appalachian Artisan Center, restored historic mining camps and museum along the 118 mile trail through Knott, Letcher, Harlan, Leslie and Perry counties. (B) Pine Hollows Trail is part of the Jenny Wiley State Park and includes the Mountain Arts Center encompassing 109 miles through Floyd, Knott, Letcher and Pike counties. (C) Berea Trail, known as the Arts and Crafts Capital of Kentucky, the trails begins at the Kentucky Artisan Center at Berea in Madison County and is 22 miles in length. (D) Fiddlehead Trail is named after the ``Fiddlehead'' fern, and includes an outdoor theater, Jenny Wiley Theater, Coal Miner's Museum and Loretta Lynn's childhood home in Butcher Holler. The trail is 118 miles and includes Morgan, Elliott, Lawrence, Johnson, Floyd, Magoffin and Wolfe counties. (E) Frontier Trail includes 108 miles in Garrard, Lincoln, Casey, Pulaski and Rockcastle counties and points of interest are a Jail Museum and the Louisville and Nashville Depot Museum. (F) Mountain Music Trail named for the musical heritage in the area once home to Dwight Yoakum, The Judds, Ricky Skaggs, Loretta Lynn, Crystal Gayle, Bill Ray Cyrus and others. This trail covers 118 miles in Boyd, Carter, Lawrence, Johnson and Martin counties. (G) Cumberland Lakes Trail is part of both the Lake Cumberland State Resort Park and Dale Hollow Lake State Resort Park, encompassing 95 miles of regional restaurants and Civil War enthusiasts' artistry in Adair, Russell, Clinton and Cumberland counties. SEC. 5. AUTHORITY AND DUTIES OF THE ASSOCIATION. (a) Duties of the Association.--To further the purposes of the Heritage Area, the association shall-- (1) not later than 3 years after the date of the enactment of this Act, the association shall develop and forward to the Secretary a management plan for the heritage area; and (2) develop and implement the management plan in cooperation with affected communities and local governments and shall provide for public involvement in the development and implementation of the management plan. (b) Management Plan.--The management plan shall, at a minimum-- (1) provide recommendations for the conservation, funding, management, and development of the resources of the heritage area; (2) include an inventory of the cultural, historical, natural, and recreational resources of the heritage area; (3) develop recreational and educational opportunities in the heritage area; (4) increase public awareness of an appreciation for natural, historical, scenic and cultural resources of the heritage area; (5) promote a wide range of partnerships among governments, businesses, organizations and individuals in the heritage area in the preparation and implementation of the management plan; (6) include an analysis of ways in which local, State and Federal programs may best be coordinated to promote the purposes of this Act; and (7) encourage by appropriate means economic development that is consistent with the purposes of the Heritage Area. (c) Approval of Plan.--The Secretary shall approve or disapprove the management plan not later than 60 days after the date of submission. If the Secretary disapproves of the management plan, the Secretary shall advise the association in writing of the reasons and shall make recommendations for revisions to the plan. (d) Review of Plan.--The association shall periodically review the management plan and submit to the Secretary any recommendations for proposed revisions to the management plan. Any major revisions to the management plan must be approved by the Secretary. (e) Authority.--The association may make grants and provide technical assistance to local governments, and other public and private entities to carry out the management plan. (f) Duties.--The association shall-- (1) give priority in implementing actions set forth in the management plan; (2) encourage by appropriate means economic viability in the heritage area consistent with the goals of the management plan; and (3) assist local government and non-profit organizations in-- (A) establishing and maintaining interpretive exhibits in the heritage area; (B) developing recreational resources in the heritage area; (C) increasing public awareness of, and appreciation for, the cultural, historical, and natural resources in the heritage area; (D) the restoration of historic structures related to the heritage area; and (E) carrying out other actions that the association determines appropriate to fulfill the purposes of this Act, consistent with the management plan. (g) Prohibition of Acquiring Real Property.--The association may not use Federal funds received under this Act to acquire real property or an interest in real property. SEC. 6. MANAGEMENT PLAN. (a) In General.--The management plan for the Heritage Area shall-- (1) include comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the Heritage Area; (2) include a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical, and cultural resources of the Heritage Area; and (3) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area in the first 5 years of implementation. SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY. (a) Technical and Financial Assistance.--The Secretary may, upon the request of the association, provide technical assistance on a reimbursable or non-reimbursable basis and financial assistance to the Heritage Area to develop and implement the approved management plan. The Secretary is authorized to enter into cooperative agreements with the association and other public or private entities for this purpose. In assisting the Heritage Area, the Secretary shall give priority to actions that in general assist in-- (1) conserving the significant natural, historical, cultural and scenic resources of the Heritage Area; and (2) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area. (b) Approval of Management Plan.-- (1) In general.--The Secretary shall approve or disapprove the management plan not later than 60 days after receiving the management plan. (2) Criteria for approval.--In determining to approve the management plan, the Secretary shall consider whether-- (A) the association is representative of the diverse interests of the heritage area including governments, natural and historic resource protection organizations, education, business and recreation; (B) the association has afforded adequate opportunity, including public hearings, for public and government involvement in the preparations of the management plan; (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area; and (D) the management plan is supported by the appropriate State and local officials whose cooperation is needed to ensure the effective implementation of the State and local aspects of the management plan. (c) Actions Following Disapproval.--If the Secretary disapproves the management plan, the Secretary shall advise the association in writing of the reasons and shall make recommendations for revisions to the management plan. The Secretary shall approve or disapprove a proposed revision not later than 60 days after the date it is submitted. (d) Approval of Amendments.--Substantial amendments to the management plan shall be reviewed by the Secretary and approved in the same manner as provided for the original management plan. The association shall not use Federal funds authorized by this Act to implement any amendments until the Secretary has approved the amendments. SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES. Any Federal agency conducting or supporting activities directly affecting the Heritage Area shall-- (1) consult with the Secretary and the association with respect to such activities; (2) cooperate with the Secretary and the association with respect to such activities; and (3) to the maximum extent practicable, conduct or support such activities in a manner which the association determines will not have an adverse effect on the Heritage Area. SEC. 9 AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated for the purposes of this Act not more than $1,000,000 for any fiscal year. Not more than a total of $10,000,000 may be appropriated for the Association under this Act. (b) Matching Funds.--Federal funding provided under this Act may not exceed 50 percent of the total cost of any assistance or grant provided or authorized under this Act. SEC. 10 SUNSET. The authority of the Secretary to provide assistance under this Act shall terminate on the day occurring 15 years after the date of the enactment of this Act.

Kentucky Artisan Heritage Trails National Heritage Area Act - Establishes the Kentucky Artisan Heritage Trails National Heritage Area in Kentucky. Designates the Southern and Eastern Kentucky Tourism Development Association (SEKTDA) as the management entity for the Heritage Area. Requires the Association to develop a management plan for the Heritage Area. Prohibits the Association from using federal funds received under this Act to acquire real property or an interest in real property.

To establish the Kentucky Artisan Heritage Trails National Heritage Area Act in the Commonwealth of Kentucky, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grants for Renewable Energy Education for the Nation Act'' or the ``GREEN Act''. SEC. 2. FINDINGS. Congress finds that-- (1) career and technical education provides education pathways that help students explore interests and careers that support the United States economy; (2) the United States needs to develop renewable energy options that conserve energy and provide energy efficiency and new and yet unrecognized fields are developing as a result of the attention and focus on renewable energy, and new workers will be needed for professions in these fields; (3) the Conference of Mayors reports that millions of U.S. workers across a wide range of familiar occupations, States, and income and skill levels will all benefit from the project of defeating global warming and transforming the United States into a green economy; (4) a report commissioned by the American Solar Energy Society attributed 8.5 million jobs in 2006 to renewable energy or energy efficient industries and the Apollo Alliance predicts that the Nation could generate 3 million to 5 million more green jobs over the next 10 years; (5) more than 40 percent of the fastest growing occupations will require an associate's degree, a postsecondary vocational certificate, or extensive job training, according to a Bureau of Labor Statistics Report; (6) more than 80 percent of respondents in the National Association of Manufacturers 2005 skills gap report indicated that they are experiencing a shortage of qualified workers overall with 13 percent reporting severe shortages and 68 percent indicating moderate shortages; (7) career and technical education graduates are more likely to be in the labor force and earn more than graduates who have a high school degree; and (8) career and technical education programs need support in acquiring the latest technology and developing programs that prepare students for the new and emerging renewable energy field. SEC. 3. RENEWABLE ENERGY CURRICULUM DEVELOPMENT GRANTS. (a) Authorization.--The Secretary of Education is authorized to award grants, on a competitive basis, to eligible partnerships to develop programs of study (containing the information described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342)), that are focused on emerging careers and jobs in the renewable energy sector. (b) Eligible Partnerships.--For purposes of this section, an eligible partnership shall include-- (1) at least 1 local education agency eligible for funding under section 131 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2351) or an area career and technical education school or education service agency described in such section; (2) at least 1 postsecondary institution eligible for funding under section 132 of such Act (20 U.S.C. 2352); and (3) representatives of the community including business, labor organizations, and industry that has experience in the renewable energy field. (c) Application.--An eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Applications shall include-- (1) a description of the eligible partners and partnership, the roles and responsibilities of each partner, and a demonstration of each partner's capacity to support the program; (2) a description of the career area or areas within the field of renewable energy to be developed, the reason for the choice, and evidence of the labor market need to prepare students in that area; (3) a description of the new or existing program of study and both secondary and postsecondary components; (4) a description of the students to be served by the new program of study; (5) a description of how the program of study funded by the grant will be replicable and disseminated to schools outside of the partnership, including urban and rural areas; (6) a description of applied learning that will be incorporated into the program of study and how it will incorporate or reinforce academic learning; (7) a description of how the program of study will be delivered; (8) a description of how the program will provide accessibility to students, especially economically disadvantaged, low performing and urban and rural students; and (9) a description of how the program will address placement of students in non-traditional fields as described in section 3(20) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(20)). (d) Priority.--The Secretary shall give priority to applications that-- (1) use online learning or other innovative means to deliver the program of study to students, educators, and instructors outside of the partnership; and (2) focus on low performing students and special populations as defined in section 3(29) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(29)). (e) Peer Review.--The Secretary shall convene a peer review process to review applications for grants under this section and to make recommendations regarding the selection of grantees. Members of the peer review committee shall include-- (1) educators who have experience implementing renewable energy curriculums; and (2) business and industry experts who work and build in renewable energy fields. (f) Uses of Funds.--Grants awarded under this section shall be used for the development, implementation, and dissemination of programs of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act (20 U.S.C. 2342(c)(1)(A))) in career areas related to energy sustainability. SEC. 4. RENEWABLE ENERGY FACILITIES GRANTS. (a) Authorization.--The Secretary of Education is authorized to award grants, on a competitive basis, to eligible entities to promote development of career and technical education facilities that are energy efficient and promote the use of renewable energy practices. (b) Eligible Entities.--For purposes of this section, eligible entities include-- (1) a local education agency eligible for funding under section 131 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2351) or an area career and technical education school or education service agency described under that section; or (2) a postsecondary institution eligible for funding under section 132 of such Act (20 U.S.C. 2352). (c) Application.--An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Peer Review.--The Secretary shall convene a peer review process to review applications for grants under this section and to make recommendations regarding the selection of grantees. Members of the peer review committee shall include-- (1) career and technical education administrators who have experience with energy-efficient facilities and equipment; and (2) business and industry experts who build and work in renewable energy facilities. (e) Use of Funds.--Grants awarded under this section shall be used for-- (1) performing an evaluation of the sustainability aspects of current facilities, unless such an evaluation has been conducted prior to receiving a grant under this section; (2) convening stakeholders, including organizations devoted to the promotion and support of renewable energy activities, to develop a plan to address needs identified in such an evaluation, unless such a plan has already been developed prior to receiving a grant under this section; (3) initiating activities related to the construction, operation, and improvement of facilities that promote the use of renewable energy practices; (4) purchasing energy-efficient machinery, technology, or other physical equipment used as an educational tool to deliver career and technical education courses; (5) measuring the effectiveness of the new or improved facilities and infrastructure, such as complying with existing renewable energy standards; and (6) communicating the lessons and practices learned from the building upgrades to other institutions. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $100,000,000 to the Secretary of Education to carry out the grant program established under this Act.

Grants for Renewable Energy Education for the Nation Act or the GREEN Act - Authorizes the Secretary of Education to award competitive grants to partnerships of local educational agencies (LEAs), postsecondary institutions, and renewable energy industry representatives to develop programs of study focused on emerging careers and jobs in the renewable energy sector. Requires a priority be given to grant applications that: (1) use online learning or other innovative methods to deliver a program of study to individuals outside the partnership; and (2) focus on low-performing students and special populations. Authorizes the Secretary to award competitive grants to LEAs and postsecondary institutions to promote development of career and technical educational facilities that are energy efficient and use renewable energy practices.

To provide support to develop career and technical education programs of study and facilities in the areas of renewable energy.

SECTION 1. OFFSET OF RESTITUTION AND OTHER STATE JUDICIAL DEBTS AGAINST INCOME TAX REFUND. (a) In General.--Section 6402 of the Internal Revenue Code of 1986 (relating to authority to make credits or refunds) is amended by redesignating subsections (f) through (l) as subsections (g) through (m), respectively, and by inserting after subsection (f) the following: ``(g) Collection of Past-Due, Legally Enforceable Restitution and Other State Judicial Debts.-- ``(1) In general.--In any State which wishes to collect past-due, legally enforceable State judicial debts, the chief justice of the State's highest court shall designate a single State entity to communicate judicial debt information to the Secretary. In making such designation, the chief justice of the State's highest court shall select, whenever practicable, a relevant State official or agency responsible under State law for collecting the State's income tax or other statewide excise at the time of the designation. Upon receiving notice from a State designated entity that a named person owes a past-due, legally enforceable State judicial debt to or in such State, the Secretary shall, under such conditions as may be prescribed by the Secretary-- ``(A) reduce the amount of any overpayment payable to such person by the amount of such State judicial debt; ``(B) pay the amount by which such overpayment is reduced under subparagraph (A) to such State designated entity and notify such State designated entity of such person's name, taxpayer identification number, address, and the amount collected; and ``(C) notify the person making such overpayment that the overpayment has been reduced by an amount necessary to satisfy a past-due, legally enforceable State judicial debt. If an offset is made pursuant to a joint return, the notice under subparagraph (B) shall include the names, taxpayer identification numbers, and addresses of each person filing such return. ``(2) Priorities for offset.--Any overpayment by a person shall be reduced pursuant to this subsection-- ``(A) after such overpayment is reduced pursuant to-- ``(i) subsection (a) with respect to any liability for any internal revenue tax on the part of the person who made the overpayment; ``(ii) subsection (c) with respect to past- due support; ``(iii) subsection (d) with respect to any past-due, legally enforceable debt owed to a Federal agency; and ``(iv) subsection (e) with respect to any past-due, legally enforceable State income tax obligations; and ``(B) before such overpayment is credited to the future liability for any Federal internal revenue tax of such person pursuant to subsection (b). If the Secretary receives notice from 1 or more State designated entities of more than 1 debt subject to paragraph (1) that is owed by such person to such State agency or State judicial branch, any overpayment by such person shall be applied against such debts in the order in which such debts accrued. ``(3) Notice; consideration of evidence.--Rules similar to the rules of subsection (e)(4) shall apply with respect to debts under this subsection. ``(4) Past-due, legally enforceable state judicial debt.-- ``(A) In general.--For purposes of this subsection, the term `past-due, legally enforceable State judicial debt' means a debt-- ``(i) which resulted from a judgment or sentence rendered by any court or tribunal of competent jurisdiction which-- ``(I) handles criminal or traffic cases in the State; and ``(II) has determined an amount of State judicial debt to be due; and ``(ii) which resulted from a State judicial debt which has been assessed and is past-due but not collected. ``(B) State judicial debt.--For purposes of this paragraph, the term `State judicial debt' includes court costs, fees, fines, assessments, restitution to victims of crime, and other monies resulting from a judgment or sentence rendered by any court or tribunal of competent jurisdiction handling criminal or traffic cases in the State. ``(5) Regulations.--The Secretary shall issue regulations prescribing the time and manner in which State designated entities must submit notices of past-due, legally enforceable State judicial debts and the necessary information that must be contained in or accompany such notices. The regulations shall specify the types of State judicial monies and the minimum amount of debt to which the reduction procedure established by paragraph (1) may be applied. The regulations shall require State designated entities to pay a fee to reimburse the Secretary for the cost of applying such procedure. Any fee paid to the Secretary pursuant to the preceding sentence shall be used to reimburse appropriations which bore all or part of the cost of applying such procedure. ``(6) Erroneous payment to state.--Any State designated entity receiving notice from the Secretary that an erroneous payment has been made to such State designated entity under paragraph (1) shall pay promptly to the Secretary, in accordance with such regulations as the Secretary may prescribe, an amount equal to the amount of such erroneous payment (without regard to whether any other amounts payable to such State designated entity under such paragraph have been paid to such State designated entity).''. (b) Disclosure of Return Information.--Section 6103(l)(10) of the Internal Revenue Code of 1986 (relating to disclosure of certain information to agencies requesting a reduction under subsection (c), (d), (e), or (f) of section 6402) is amended by striking ``or (f)'' each place it appears in the text and heading and inserting ``(f), or (g)''. (c) Conforming Amendments.-- (1) Section 6402(a) of the Internal Revenue Code of 1986 is amended by striking ``and (f)'' and inserting ``(f), and (g)''. (2) Paragraph (2) of section 6402(d) of such Code is amended by striking ``subsections (e) and (f)'' and inserting ``subsections (e), (f), and (g)''. (3) Paragraph (3)(B) of section 6402(e) of such Code is amended to read as follows: ``(B) before such overpayment is-- ``(i) reduced pursuant to subsection (g) with respect to past-due, legally enforceable State judicial debts, and ``(ii) credited to the future liability for any Federal internal revenue tax of such person pursuant to subsection (b).''. (4) Section 6402(h) of such Code, as so redesignated, is amended by striking ``or (f)'' and inserting ``(f), or (g)''. (5) Section 6402(j) of such Code, as so redesignated, is amended by striking ``or (f)'' and inserting ``, (f), or (g)''. (d) Effective Date.--The amendments made by this Act shall apply to refunds payable for taxable years beginning after December 31, 2009.

Amends the Internal Revenue Code to require the chief justice of the highest court of any state that wishes to collect past-due, legally enforceable state judicial debts to designate a single state entity to communicate judicial debt information to the Secretary of the Treasury. Directs the Secretary, upon receiving notice from such an entity that a named person owes a past-due, legally enforceable state judicial debt, to pay such debt from any tax refund due to such person. Defines "state judicial debt" to include court costs, fees, fines, assessments, restitution to victims of crime, and other monies resulting from a judgment or sentence rendered by any court or tribunal of competent jurisdiction handling criminal or traffic cases in the state.

A bill to amend the Internal Revenue Code of 1986 to allow an offset against income tax refunds to pay for restitution and other State judicial debts that are past-due.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Marine Sanctuaries Preservation Act''. SEC. 2. AMENDMENT OF NATIONAL MARINE SANCTUARIES ACT. 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 National Marine Sanctuaries Act (16 U.S.C. 1431-1445a). SEC. 3. REAUTHORIZATION OF THE NATIONAL MARINE SANCTUARIES ACT. Section 313 (16 U.S.C. 1444) is amended to read as follows: ``SEC. 313. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Secretary to carry out this title-- ``(1) $12,000,000 for fiscal year 1997; ``(2) $15,000,000 for fiscal year 1998; and ``(3) $18,000,000 for fiscal year 1999.''. SEC. 4. MANAGEMENT, RECOVERY, AND PRESERVATION PLAN FOR U.S.S. MONITOR. The Secretary of Commerce shall, within 12 months after the date of the enactment of this Act, prepare and submit to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a long-range, comprehensive plan for the management, stabilization, preservation, and recovery of artifacts and materials of the U.S.S. MONITOR. In preparing and implementing the plan, the Secretary shall to the extent feasible utilize the resources of other Federal and private entities with expertise and capabilities that are helpful. SEC. 5. PUBLICATION OF NOTICE OF CERTAIN ADVISORY COUNCIL MEETINGS. Section 315(e)(3) (16 U.S.C. 1445a(e)(3)) is amended by inserting before the period at the end the following: ``, except that in the case of a meeting of an Advisory Council established to provide assistance regarding any individual national marine sanctuary the notice is not required to be published in the Federal Register''. SEC. 6. ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES. (a) Incorporation of Existing Provision.--Section 316 (16 U.S.C. 1445 note) is redesignated as section 317, section 2204 of the National Marine Sanctuaries Program Amendments Act of 1992 (106 Stat. 5049) is moved so as to appear in the National Marine Sanctuaries Act following section 315, and that moved section is designated as section 316 of the National Marine Sanctuaries Act. (b) Amendment of Incorporated Section.--Section 316, as moved and designated by subsection (a) of this section, is amended as follows: (1) Subsections (a), (g), and (h) are struck, and subsections (b), (c), (d), (e), and (f) are redesignated as subsections (a), (b), (c), (d), and (e), respectively. (2) In subsection (a), as so redesignated, the matter preceding paragraph (1) is struck and the following is inserted: ``(a) Authority.--The Secretary may establish a program consisting of--''. (3) In subsection (a)(5), as so redesignated-- (A) ``establishment'' is struck and ``solicitation'' is inserted; and (B) ``fees'' is struck and ``monetary or in-kind contributions'' is inserted. (4) In subsection (a)(6), as so redesignated-- (A) ``fees'' is struck and ``monetary or in-kind contributions'' is inserted; (B) ``paragraph (5)'' is struck and ``paragraphs (5) and (6)'' is inserted; (C) ``assessed'' is struck and ``collected'' is inserted; and (D) ``in an interest-bearing revolving fund'' is struck. (5) In subsection (a)(7), as so redesignated-- (A) ``and use'' is inserted after ``expenditure''; (B) ``fees'' is struck and ``monetary and in-kind contributions'' is inserted; and (C) ``and any interest in the fund established under paragraph (6)'' is struck. (6) In subsection (a), as so redesignated, paragraphs (5), (6), and (7) are redesignated in order as paragraphs (6), (7), and (8), and the following new paragraph is inserted after paragraph (4): ``(5) the creation, marketing, and selling of products to promote the national marine sanctuary program, and entering into exclusive or nonexclusive agreements authorizing entities to create, market or sell on the Secretary's behalf;''. (7) The following new sentence is added at the end of subsection (a), as so redesignated: ``Monetary and in-kind contributions raised through the sale, marketing, or use of symbols and products related to an individual national marine sanctuary shall be used to support that sanctuary.''. (8) In subsection (e), as so redesignated-- (A) paragraph (2) is struck; (B) in paragraph (1), ``(1)'' is struck, and subparagraphs (A), (B), (C), and (D) are redesignated as paragraphs (1), (2), (3), and (4); and (C) in paragraph (3), as so redesignated, ``fee'' is struck and ``monetary or in-kind contribution'' is inserted. (9) In each of subsections (b), (c), and (d), as so redesignated, by striking ``subsection (b)'' and inserting ``subsection (a)''. SEC. 7. HAWAIIAN ISLANDS NATIONAL MARINE SANCTUARY. (a) Inclusion of Kahoolawe Island Waters.--Section 2305 of the Hawaiian Islands National Marine Sanctuary Act (16 U.S.C. 1433 note) is amended-- (1) in subsection (a)-- (A) by striking ``(A)'' and inserting ``(a)''; and (B) by striking ``the area described in subsection (b) is'' and inserting ``the area described in subsection (b)(1) and any area included under subsection (b)(2) are''; (2) by amending subsection (b)(2) to read as follows: ``(2)(A) Within 6 months after the date of receipt of a request in writing from the Kahoolawe Island Reserve Commission for inclusion within the Sanctuary of the area of the marine environment within 3 nautical miles of the mean high tide line of Kahoolawe Island (in this section referred to as the `Kahoolawe Island waters'), the Secretary shall determine whether those waters may be suitable for inclusion in the Sanctuary. ``(B) If the Secretary determines under subparagraph (A) that the Kahoolawe Island waters may be suitable for inclusion within the Sanctuary-- ``(i) the Secretary shall provide notice of that determination to the Governor of Hawaii; and ``(ii) the Secretary shall prepare a supplemental environmental impact statement, management plan, and implementing regulations for that inclusion in accordance with this Act, the National Marine Sanctuaries Act, and the National Environmental Policy Act of 1969.''; and (3) by amending subsection (c) to read as follows: ``(c) Effect of Objection by Governor.--(1)(A) If, within 45 days after the date of issuance of the comprehensive management plan and implementing regulations under section 2306, the Governor of Hawaii certifies to the Secretary that the management plan, the implementing regulations, or any term of the plan or regulations is unacceptable, the management plan, regulation, or term, respectively, shall not take effect in the area of the Sanctuary lying within the seaward boundary of the State of Hawaii. ``(B) If the Secretary considers that an action under subparagraph (A) will affect the Sanctuary in such a manner that the policy or purposes of this title cannot be fulfilled, the Secretary may terminate the designation under subsection (a). At least 30 days before that termination, the Secretary shall submit written notice of the termination to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. ``(2)(A) If, within 45 days after the Secretary issues the documents required under subsection (b)(2)(B)(ii), the Governor of Hawaii certifies to the Secretary that the inclusion of the Kahoolawe Island waters in the Sanctuary or any term of that inclusion is unacceptable-- ``(i) the inclusion or the term shall not take effect; and ``(ii) subsection (b)(2) shall not apply during the 3-year period beginning on the date of that certification. ``(B) If the Secretary considers that an action under subparagraph (A) regarding a term of the inclusion of the Kahoolawe Island waters will affect the inclusion or the administration of the Kahoolawe Island waters as part of the Sanctuary in such a manner that the policy or purposes of this title cannot be fulfilled, the Secretary may terminate that inclusion.''. (b) Limitation on User Fees.--The Hawaiian Islands National Marine Sanctuary Act (16 U.S.C. 1433 note) is further amended by redesignating section 2307 as section 2308, and by inserting after section 2306 the following new section: ``SEC. 2307. LIMITATION ON USER FEES. ``(a) Limitation.--The Secretary shall not institute any user fee under this Act or the National Marine Sanctuaries Act for any activity within the Hawaiian Islands National Marine Sanctuary or any use of the Sanctuary or its resources. ``(b) User Fee Defined.--In this section, the term `user fee' does not include-- ``(1) any fee authorized by section 310 of the National Marine Sanctuaries Act; ``(2) any gift or donation received under section 311 of that Act; and ``(3) any monetary or in-kind contributions under section 316 of that Act.''. SEC. 8. FLOWER GARDEN BANKS BOUNDARY MODIFICATION. (a) Modification.--Notwithstanding section 304 of the National Marine Sanctuaries Act (16 U.S.C. 1434), the boundaries of the Flower Garden Banks National Marine Sanctuary, as designated by Public Law 102-251, are amended to include the area described in subsection (d), popularly known as Stetson Bank. This area shall be part of the Flower Garden Banks National Marine Sanctuary and shall be managed and regulated as though it had been designated by the Secretary of Commerce under the National Marine Sanctuaries Act. (b) Depiction of Sanctuary Boundaries.--The Secretary of Commerce shall-- (1) prepare a chart depicting the boundaries of the Flower Garden Banks National Marine Sanctuary, as modified by this section; and (2) submit copies of this chart to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (c) Application of Regulations.--Regulations issued by the Secretary of Commerce to implement the designation of the Flower Garden Banks National Marine Sanctuary shall apply to the area described in subsection (d), unless modified by the Secretary. This subsection shall take effect 45 days after the date of enactment of this Act. (d) Area Described.-- (1) In general.--Except as provided in paragraph (2), the area referred to in subsections (a), (b), and (c) is the area that is-- (A) generally depicted on the Department of the Interior, Minerals Management Service map titled ``Western Gulf of Mexico, Lease Sale 143, September 1993, Biologically Sensitive Areas, Map 3 of 3, Final''; (B) labeled ``Stetson'' on the High Island Area South Addition diagram on that map; and (C) within the 52 meter isobath. (2) Minor boundary adjustments.--The Secretary of Commerce may make minor adjustments to the boundaries of the area described in paragraph (1) as necessary to protect living coral resources or to simplify administration of the Flower Garden Banks National Marine Sanctuary and to establish precisely the geographic boundaries of Stetson Bank. The adjustments shall not significantly enlarge or otherwise alter the size of the area described in paragraph (1), and shall not result in the restriction of oil and gas activities otherwise permitted outside of the ``no activity'' zone designated for Stetson Bank as that zone is depicted on the Minerals Management Service map entitled ``Final Notice of Sale 161, Western Gulf Mexico, Biological Stipulation Map Package''. (e) Publication of Notice.-- (1) In general.--The Secretary of Commerce shall, as soon as practicable after the date of the enactment of this Act, publish in the Federal Register a notice describing-- (A) the boundaries of the Flower Garden Banks National Marine Sanctuary, as modified by this section, and (B) any modification of regulations applicable to that Sanctuary that are necessary to implement that modification of the boundaries of the Sanctuary. (2) Treatment as notice required under national marine sanctuaries act.--A notice published under paragraph (1) shall be considered to be the notice required to be published under section 304(b)(1) of the National Marine Sanctuaries Act (16 U.S.C. 1434(b)(1)). (f) Authorization of Appropriations.--Amounts may be appropriated to carry out this section under the authority provided in section 313 of the National Marine Sanctuaries Act, as amended by this Act. SEC. 9. MISCELLANEOUS TECHNICAL CORRECTIONS. (a) Section 301(b)(2) of the National Marine Sanctuaries Act (16 U.S.C. 1431(b)(2)) is amended by striking the period at the end and inserting a semicolon. (b) Section 302 of the National Marine Sanctuaries Act (16 U.S.C. 1432) is amended-- (1) in paragraph (6) by striking ``, and'' at the end of subparagraph (C) and inserting a semicolon; and (2) in paragraph (7) by striking ``and'' after the semicolon at the end. (c) Section 307(e)(1)(A) of the National Marine Sanctuaries Act (16 U.S.C. 1437(e)(1)(A)) is amended by inserting ``of 1980'' before the period at the end. (d) Section 2109 of the National Marine Sanctuaries Program Amendments Act of 1992 (106 Stat. 5045) is amended by striking the open quotation marks before ``Section 311''. (e) Section 2110(d) of the National Marine Sanctuaries Program Amendments Act of 1992 (106 Stat. 5046) is deemed to have amended section 312(b)(1) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(b)(1)) by inserting ``or authorize'' after ``undertake''. (f) The material added to the Marine Protection, Research, and Sanctuaries Act of 1972 by section 2112 of the National Marine Sanctuaries Program Amendments Act of 1992 (106 Stat. 5046)-- (1) is deemed to have been added by that section at the end of title III of the Marine Protection, Research, and Sanctuaries Act of 1972; and (2) shall not be considered to have been added by that section to the end of the Marine Protection, Research, and Sanctuaries Act of 1972. (g) Section 2202(e) of the National Marine Sanctuaries Program Amendments Act of 1992 (16 U.S.C. 1433 note) is amended by striking ``section 304(e)'' and inserting ``304(d)''. (h) Section 304(b)(3) of the National Marine Sanctuaries Act (16 U.S.C. 1434(b)(3)) is amended-- (1) by striking subparagraphs (B) and (C); (2) by moving the text of subparagraph (A) so as to begin at the end of the line on which appears the heading for paragraph (3); (3) by moving clauses (i) and (ii) of subparagraph (A) 2 ems to the left; (4) by striking ``(A) In'' and inserting ``In''; (5) by striking ``(i)'' and inserting ``(A)''; and (6) by striking ``(ii)'' and inserting ``(B)''. SEC. 10. NORTHWEST STRAITS. No designation of an area in the Northwest Straits in the State of Washington as a national marine sanctuary under the National Marine Sanctuaries Act shall take effect unless that designation is specifically authorized by a law enacted after the date of enactment of this Act. SEC. 11. DESIGNATION OF GERRY E. STUDDS STELLWAGEN BANK NATIONAL MARINE SANCTUARY. The Stellwagen Bank National Marine Sanctuary shall be known and designated as the ``Gerry E. Studds Stellwagen Bank National Marine Sanctuary''. Any reference in a law, map, regulation, document, paper, or other record of the United States to that national marine sanctuary shall be deemed to be a reference to the ``Gerry E. Studds Stellwagen Bank National Marine Sanctuary''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

National Marine Sanctuaries Preservation Act - Amends the National Marine Sanctuaries Act to authorize appropriations to carry out the Act. (Sec. 4) Mandates a long-range, comprehensive plan for the management, stabilization, preservation, and recovery of artifacts and materials of the U.S. Ship Monitor using, to the extent feasible, the resources of Federal and private entities with expertise and capabilities that are helpful. (Sec. 5) Modifies national marine sanctuary advisory committee meeting notice requirements. (Sec. 6) Authorizes adoption of a symbol for the national marine sanctuary program (NMSP) or any individual sanctuary and the related designation of official sponsors, the selling of products to promote the NMSP, and the collection of monetary or in-kind contributions for symbol use. Requires contributions raised through the sale or use of symbols or products related to a specific sanctuary to be used to support that sanctuary. (Sec. 7) Amends the Hawaiian Islands National Marine Sanctuary Act to modify requirements regarding: (1) the inclusion in the Hawaiian Islands Humpback Whale National Marine Sanctuary of the marine environment near Kahoolawe Island; and (2) the effect of an objection by the Governor of Hawaii. Prohibits any user fee applicable to the Hawaiian Islands National Marine Sanctuary. (Sec. 8) Amends, notwithstanding specified provisions of the National Marine Sanctuaries Act, the boundaries of the Flower Garden Banks National Marine Sanctuary to include a described area popularly known as Stetson Bank. (Sec. 10) Prohibits any designation of an area in the Northwest Straits in the State of Washington as a national marine sanctuary from taking effect unless the designation is specifically authorized by a law enacted after enactment of this Act. (Sec. 11) Designates the Stellwagen Bank National Marine Sanctuary as the Gerry E. Studds Stellwagen Bank National Marine Sanctuary.

National Marine Sanctuaries Preservation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings Are Vital to Everyone's Retirement Act of 1997''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds as follows: (1) The impending retirement of the baby boom generation will severely strain our already overburdened entitlement system, necessitating increased reliance on pension and other personal savings. (2) Studies have found that less than a third of Americans have even tried to calculate how much they will need to have saved by retirement, and that less than 20 percent are very confident they will have enough money to live comfortably throughout their retirement. (3) A leading obstacle to expanding retirement savings is the simple fact that far too many Americans--particularly the young--are either unaware of, or without the knowledge and resources necessary to take advantage of, the extensive benefits offered by our retirement savings system. (b) Purpose.--It is the purpose of this Act-- (1) to advance the public's knowledge and understanding of retirement savings and its critical importance to the future well-being of American workers and their families; (2) to provide for a periodic, bipartisan national retirement savings summit in conjunction with the White House to elevate the issue of savings to national prominence; and (3) to initiate the development of a broad-based, public education program to encourage and enhance individual commitment to a personal retirement savings strategy. SEC. 3. OUTREACH BY THE DEPARTMENT OF LABOR. (a) In General.--Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is amended by adding at the end the following new section: ``outreach to promote retirement income savings ``Sec. 516. (a) In General.--The Secretary shall maintain an ongoing program of outreach to the public designed to effectively promote retirement income savings by the public. ``(b) Methods.--The Secretary shall carry out the requirements of subsection (a) by means which shall ensure effective communication to the public, including publication of public service announcements, public meetings, creation of educational materials, and establishment of a site on the Internet. ``(c) Information To Be Disseminated.--The information to be disseminated by the Secretary as part of the program of outreach required under subsection (a) shall include the following: ``(1) a description of the vehicles currently available to individuals and employers for creating and maintaining retirement income savings, specifically including information explaining to employers, in simple terms, how to establish each of the different retirement savings vehicles for their workers, and ``(2) information regarding matters relevant to establishing retirement income savings, such as-- ``(A) the forms of retirement income savings, ``(B) the concept of compound interest, ``(C) the importance of commencing savings early in life, ``(D) savings principles, ``(E) the importance of prudence and diversification in investing, ``(F) the importance of the timing of investments, and ``(G) the impact on retirement savings of life's uncertainties, such as living beyond one's life expectancy. ``(d) Establishment of Site on the Internet.--The Secretary shall establish a permanent site on the Internet concerning retirement income savings. The site shall contain at least the following information: ``(1) a means for individuals to calculate their estimated retirement savings needs, based on their retirement income goal as a percentage of their preretirement income; ``(2) a description in simple terms of the common types of retirement income savings arrangements available to both individuals and employers (specifically including small employers), including information on the amount of money that can be placed into a given vehicle, the tax treatment of the money, the amount of accumulation possible through different typical investment options and interest rate projections, and a directory of resources of more descriptive information; ``(3) materials explaining to employers in simple terms how to establish and maintain different retirement savings arrangements for their workers and what the basic legal requirements are under this Act and the Internal Revenue Code of 1986; ``(4) copies of all educational materials developed by the Department of Labor, and by other Federal agencies in consultation with such Department, to promote retirement income savings by workers and employers; and ``(5) links to other sites maintained on the Internet by governmental agencies and nonprofit organizations that provide additional detail on retirement income savings arrangements and related topics on savings or investing. ``(e) Coordination.--The Secretary shall coordinate the outreach program under this section with similar efforts undertaken by other public and private entities.''. (b) Conforming Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 514 the following new items: ``Sec. 515. Delinquent contributions. ``Sec. 516. Outreach to promote retirement income savings.''. SEC. 4. NATIONAL SUMMIT ON RETIREMENT SAVINGS. (a) In General.--Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (as amended by section 3 of this Act) is amended further by adding at the end the following new section: ``national summit on retirement savings ``Sec. 517. (a) Authority To Call Summit.--Not later than June 1, 1998, the President shall convene a National Summit on Retirement Income Savings at the White House, to be co-hosted by the President and the Speaker and the Minority Leader of the House of Representatives and the Majority Leader and Minority Leader of the Senate. Such a National Summit shall be convened thereafter in 2001 and 2005 on or after September 1 of each year involved. Such a National Summit shall-- ``(1) advance the public's knowledge and understanding of retirement savings and its critical importance to the future well-being of American workers and their families; ``(2) facilitate the development of a broad-based, public education program to encourage and enhance individual commitment to a personal retirement savings strategy; ``(3) develop recommendations for additional research, reforms in public policy, and actions in the field of retirement income savings; and ``(4) disseminate the report of, and information obtained by, the National Summit and exhibit materials and works of the National Summit. ``(b) Planning and Direction.--The National Summit shall be planned and conducted under the direction of the Secretary, in consultation with, and with the assistance of, the heads of such other Federal departments and agencies as the President may designate. Such assistance may include the assignment of personnel. The Secretary shall, in planning and conducting the National Summit, consult with the congressional leaders specified in subsection (e)(2). The Secretary shall also, in carrying out the Secretary's duties under this subsection, consult and coordinate with at least one organization made up of private sector businesses and associations partnered with Government entities to promote long-term financial security in retirement through savings (including for 1998, and thereafter as the Secretary may deem appropriate, the American Savings Education Council). ``(c) Purpose of National Summit.--The purpose of the National Summit shall be-- ``(1) to increase the public awareness of the value of personal savings for retirement; ``(2) to advance the public's knowledge and understanding of retirement savings and its critical importance to the future well-being of American workers and their families; ``(3) to facilitate the development of a broad-based, public education program to encourage and enhance individual commitment to a personal retirement savings strategy; ``(4) to identify the problems which hinder workers from setting aside adequate savings for retirement; ``(5) to identify the barriers which impede employers, especially small employers, from assisting workers in accumulating retirement savings; ``(6) to examine the impact and effectiveness of individual employers to promote personal savings for retirement among their workers and to promote participation in company savings options; ``(7) to examine the impact and effectiveness of government programs at the Federal, State, and local levels to promote retirement income savings; ``(8) to develop such specific and comprehensive recommendations for the legislative and executive branches of the Government and for private sector action as may be appropriate for promoting retirement income savings among American workers; and ``(9) to develop recommendations for the coordination of Federal, State, and local policies among the Federal, State, and local levels of government and for the coordination of such policies (including any solutions for Federal, State, and local needs devised at the Federal, State, and local levels) with the efforts of the private sector to meet such needs, and to identify the appropriate authority and entities to implement such recommendations. ``(d) Scope of National Summit.--The scope of the National Summit shall consist of issues relating to individual and employer-based retirement savings and shall not include issues relating to the old- age, survivors, and disability insurance program under title II of the Social Security Act. ``(e) National Summit Participants.-- ``(1) In general.--To carry out the purposes of the National Summit, the National Summit shall bring together-- ``(A) professionals and other individuals working in the fields of employee benefits and retirement savings; ``(B) Members of Congress and officials in the executive branch; ``(C) representatives of State and local governments; ``(D) representatives of private sector institutions, including individual employers, concerned about promoting the issue of retirement savings and facilitating savings among American workers; and ``(E) representatives of the general public. ``(2) Statutorily required participation.--The participants in the National Summit shall include the following individuals or their designees: ``(A) the Speaker and the Minority Leader of the House of Representatives; ``(B) the Majority Leader and the Minority Leader of the Senate; ``(C) the Chairman and ranking Member of the Committee on Education and the Workforce of the House of Representatives; ``(D) the Chairman and ranking Member of the Committee on Labor and Human Resources of the Senate; ``(E) the Chairman and ranking Member of the Special Committee on Aging of the Senate; and ``(F) the parties referred to in subsection (b). ``(3) Additional participants.--There shall be not more than 400 additional participants. Of such additional participants-- ``(A) one-fourth shall be appointed by the Speaker of the House of Representatives; ``(B) one-fourth shall be appointed by the Minority Leader of the House of Representatives; ``(C) one-fourth shall be appointed by the Majority Leader of the Senate; and ``(D) one-fourth shall be appointed by the Minority Leader of the Senate. Such remaining participants shall be selected without regard to political affiliation or past partisan activity and shall be representative of the diversity of thought in the fields of employee benefits and retirement income savings. ``(4) Presiding officers.--The National Summit shall be presided over equally by representatives of the executive and legislative branches. ``(f) National Summit Administration.-- ``(1) Administration.--In administering this section, the Secretary shall-- ``(A) request the cooperation and assistance of such other Federal departments and agencies and other parties referred to in subsection (b) as may be appropriate in the carrying out of this section; ``(B) furnish all reasonable assistance, including financial assistance, to State agencies, area agencies, and other appropriate organizations to enable them to organize and conduct conferences in conjunction with the National Summit; ``(C) make available for public comment a proposed agenda for the National Summit that reflects to the greatest extent possible the purposes for the National Summit set out in this section; ``(D) prepare and make available background materials for the use of participants in the National Summit that the Secretary considers necessary; and ``(E) appoint and fix the pay of such additional personnel as may be necessary to carry out the provisions of this section 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. ``(2) Duties.--The Secretary shall, in carrying out the responsibilities and functions of the Secretary under this section, and as part of the National Summit, ensure that-- ``(A) the National Summit shall be conducted in a manner that ensures broad participation of Federal, State, and local agencies and private organizations, professionals, and others involved in retirement income savings and provides a strong basis for assistance to be provided under paragraph (1)(B); ``(B) the agenda prepared under paragraph (1)(C) for the National Summit is published in the Federal Register; and ``(C) the personnel appointed under paragraph (1)(E) shall be fairly balanced in terms of points of views represented and shall be appointed without regard to political affiliation or previous partisan activities. ``(g) Report.--The Secretary shall prepare a report describing the activities of the National Summit and shall submit the report to the President, the Speaker and Minority Leader of the House of Representatives, the Majority and Minority Leaders of the Senate, and the chief executive officers of the States not later than 90 days after the date on which the National Summit is adjourned. ``(h) Definition.--For purposes of this section, the term `State' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. ``(i) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated for fiscal years beginning on or after October 1, 1997, such sums as are necessary to carry out this section. ``(2) Reliance on private contributions.--The Secretary may accept private contributions, in the form of money, supplies, or services, to defray the costs of the National Summit. The Secretary shall ensure, to the extent practicable, that at least one-half of the funds available to the Secretary for each fiscal year to carry out the provisions of this section consist of such private contributions. ``(j) Contracts.--The Secretary may enter into contracts to carry out the Secretary's responsibilities under this section, but only to the extent, or in such amounts, as are provided in advance in appropriations Acts.''. (b) Conforming Amendment.--The table of contents in section 1 of such Act (as amended by section 3 of this Act) is amended further by inserting after the item relating to section 516 the following new item: ``Sec. 517. National Summit on Retirement Savings.''. (c) Authorization of Appropriations for Fiscal Year 1998.-- Notwithstanding subsection (i) of section 517 of the Employee Retirement Income Security Act of 1974 (added by this section), the amount authorized to be appropriated for fiscal year 1998 to carry out such section is an amount equal to $1,000,000.

Savings Are Vital to Everyone's Retirement Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 to direct the Secretary of Labor to maintain an ongoing public outreach program to effectively promote retirement income savings by workers through: (1) public service announcements; (2) public meetings; (3) educational materials; and (4) a permanent site on the Internet. Requires such program to disseminate information including: (1) a description of the common types of retirement income savings arrangements available to both individuals and employers, including small businesses; (2) a means for individuals to calculate their estimated retirement savings needs; and (3) an explanation for employers of how to establish and maintain different retirement savings arrangements for their workers. Directs the President to convene a National Summit on Retirement Savings no later than June 1, 1998, and again in September 2001 and September 2005. Authorizes appropriations.

Savings Are Vital to Everyone's Retirement Act of 1997

SECTION 1. FINDINGS. The Congress finds that-- (1) at least 30 million Americans lack access to even the most basic health services; (2) access to health care is especially difficult for those Americans who-- (A) live in medically underserved rural communities or inner city neighborhoods; (B) lack public or private health insurance coverage and the ability to pay directly for care; (C) must move for work purposes, such as migrant farmworkers; (D) are members of minority groups, or who speak limited English; or (E) are members of other vulnerable groups, including persons who are homeless or are high-risk pregnant women, infants and children; (3) the consequences of poor access to health care is evidenced in elevated infant and childhood mortality rates, dangerously low childhood immunization rates, overutilization of hospital emergency rooms or other inappropriate providers of primary care services, and hospitalization rates for preventable conditions that are significantly higher than the national average; (4) efforts to provide access to essential health care services for medically underserved Americans will not only contribute to improved health status, but will also result in less unnecessary care and reduced overall costs of health care; and (5) the federally qualified health centers, including the community and migrant health centers which serve more than 6 million needy Americans, provide an effective and proven model for extending access to all medically underserved Americans. SEC. 2. ESTABLISHMENT OF NEW PART UNDER THE MEDICAID PROGRAM TO PROVIDE FUNDS FOR A NEW FEDERALLY QUALIFIED HEALTH CENTERS GRANTS PROGRAM. (a) In General.--Title XIX of the Social Security Act is amended by inserting after the title heading the following: ``Part A--Payment to States for Medical Assistance''. (b) Purpose.--Section 1901 of the Social Security Act (42 U.S.C. 1396) is amended-- (1) in the first sentence-- (A) by striking ``and (2)'' and inserting ``(2)''; and (B) by striking ``self care,'' and inserting ``self care; and (3) grants to assist entities in providing health care services to medically underserved individuals,''; and (2) by amending the second sentence to read as follows: ``The sums made available under this section shall be used for making payments-- (A) under this part to States which have submitted, and had approved by the Secretary, State plans for medical assistance; and (B) under part B to entities meeting the requirements under such part.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall become effective on October 1, 1993. SEC. 3. ESTABLISHMENT OF NEW PROGRAM TO PROVIDE FUNDS TO ALLOW FEDERALLY QUALIFIED HEALTH CENTERS AND OTHER ENTITIES OR ORGANIZATIONS TO PROVIDE EXPANDED SERVICES TO MEDICALLY UNDERSERVED INDIVIDUALS. (a) In General.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by adding at the end the following new part: ``Part B--Grants to Qualified Entities for Health Services ``health services access program ``Sec. 1941. (a) Establishment of Health Services Access Program.-- From amounts appropriated under section 1901, the Secretary shall, acting through the Bureau of Health Care Delivery Assistance, award grants under this section to federally qualified health centers (each in this part referred to as an `FQHC') and other entities and organizations submitting applications under this section (as described in subsection (c)) for the purpose of providing access to services for medically underserved populations (as defined in section 330(b)(3) of the Public Health Service Act) or in high impact areas (as defined in section 329(a)(5) of the Public Health Service Act) not currently being served by an FQHC. ``(b) Eligibility for Grants.--(1) The Secretary shall award grants under this section to entities or organizations described in this paragraph and paragraph (2) which have submitted a proposal to the Secretary to expand such entities or organizations operations (including expansions to new sites (as determined necessary by the Secretary)) to serve medically underserved populations or high impact areas not currently served by an FQHC and which-- ``(A) have as of January 1, 1993, been certified by the Secretary as an FQHC under section 1905(l)(2)(B); or ``(B) have submitted applications to the Secretary to qualify as FQHC's under section 1905(l)(2)(B); or ``(C) have submitted a plan to the Secretary which provides that the entity will meet the requirements to qualify as an FQHC when operational. ``(2)(A) The Secretary shall also make grants under this section to public or private nonprofit agencies, health care entities or organizations which meet the requirements necessary to qualify as an FQHC except, the requirement that such entity have a consumer majority governing board and which have submitted a proposal to the Secretary to provide those services provided by an FQHC as defined in section 1905(l)(2)(B) and which are designed to promote access to primary care services or to reduce reliance on hospital emergency rooms or other high cost providers of primary health care services, provided such proposal is developed by the entity or organizations (or such entities or organizations acting in a consortium in a community) with the review and approval of the Governor of the State in which such entity or organization is located. ``(B) The Secretary shall provide in making grants to entities or organizations described in this paragraph that no more than 10 percent of the funds provided for grants under this section shall be made available for grants to such entities or organizations. ``(c) Application Requirements.--(1) In order to be eligible to receive a grant under this section, an FQHC or other entity or organization must submit an application in such form and at such time as the Secretary shall prescribe and which meets the requirements of this subsection. ``(2) An application submitted under this section must provide-- ``(A)(i) for a schedule of fees or payments for the provision of the services provided by the entity designed to cover its reasonable costs of operations; and ``(ii) for a corresponding schedule of discounts to be applied to such fees or payments, based upon the patient's ability to pay (determined by using a sliding scale formula based on the income of the patient); ``(B) assurances that the entity or organization provides services to persons who are eligible for benefits under title XVIII, for medical assistance under a State plan approved under part A or for assistance for medical expenses under any other public assistance program or private health insurance program; and ``(C) assurances that the entity or organization has made and will continue to make every reasonable effort to collect reimbursement for services-- ``(i) from persons eligible for assistance under any of the programs described in subparagraph (B); and ``(ii) from patients not entitled to benefits under any such programs. ``(d) Limitations on Use of Funds.--(1) From the amounts awarded to an entity or organization under this section, funds may be used for purposes of planning but may only be expended for the costs of-- ``(A) assessing the needs of the populations or proposed areas to be served; ``(B) preparing a description of how the needs identified will be met; ``(C) development of an implementation plan that addresses-- ``(i) recruitment and training of personnel; and ``(ii) activities necessary to achieve operational status in order to meet FQHC requirements under 1905(l)(2)(B). ``(2) From the amounts awarded to an entity or organization under this section, funds may be used for the purposes of paying for the costs of recruiting, training and compensating staff (clinical and associated administrative personnel (to the extent such costs are not already reimbursed under part A or any other State or Federal program)) to the extent necessary to allow the entity to operate at new or expanded existing sites. ``(3) From the amounts awarded to an entity or organization under this section, funds may be expended for the purposes of acquiring facilities and equipment but only for the costs of-- ``(A) construction of new buildings (to the extent that new construction is found to be the most cost-efficient approach by the Secretary); ``(B) acquiring, expanding, or modernizing of existing facilities; ``(C) purchasing essential (as determined by the Secretary) equipment; and ``(D) amortization of principal and payment of interest on loans obtained for purposes of site construction, acquisition, modernization, or expansion, as well as necessary equipment. ``(4) From the amounts awarded to an entity or organization under this section, funds may be expended for the payment of services but only for the costs of-- ``(A) providing or arranging for the provision of all services through the entity necessary to qualify such entity as an FQHC under section 1905(l)(2)(B); ``(B) providing or arranging for any other service that an FQHC may provide and be reimbursed for under this title; and ``(C) providing any unreimbursed costs of providing services as described in section 330(a) of the Public Health Service Act to patients. ``(e) Priorities in the Awarding of Grants.--(1) The Secretary shall give priority in awarding grants under this section to entities which have, as of January 1, 1993, been certified as an FQHC under section 1905(l)(2)(B) and which have submitted a proposal to the Secretary to expand their operations (including expansion to new sites) to serve medically underserved populations for high impact areas not currently served by an FQHC. The Secretary shall give first priority in awarding grants under this section to those FQHCs or other entities which propose to serve populations with the highest degree of unmet need, and which can demonstrate the ability to expand their operations in the most efficient manner. ``(2) The Secretary shall give second priority in awarding grants to entities which have submitted applications to the Secretary which demonstrate that the entity will qualify as an FQHC under section 1905(l)(2)(B) before it provides or arranges for the provision of services supported by funds awarded under this section, and which are serving or proposing to serve medically underserved populations or high impact areas which are not currently served (or proposed to be served) by an FQHC. ``(3) The Secretary shall give third priority in awarding grants in subsequent years to those FQHCs or other entities which have provided for expanded services and project and are able to demonstrate that such entity will incur significant unreimbursed costs in providing such expanded services. ``(f) Return of Funds to Secretary for Costs Reimbursed From Other Sources.--To the extent that an entity or organization receiving funds under this part is reimbursed from another source for the provision of services to an individual, and does not use such increased reimbursement to expand services furnished, areas served, to compensate for costs of unreimbursed services provided to patients, or to promote recruitment, training, or retention of personnel, such excess revenues shall be returned to the Secretary. ``(g) Termination of Grants.--(1)(A) With respect to any entity that is receiving funds awarded under this section and which subsequently fails to meet the requirements to qualify as an FQHC under section 1905(l)(2)(B) or is an entity that is not required to meet the requirements to qualify as an FQHC under section 1905(l)(2)(B) but fails to meet the requirements of this section, the Secretary shall terminate the award of funds under this section to such entity. ``(B) Prior to any termination of funds under this section to an entity, the entities shall be entitled to 60 days prior notice of termination and, as provided by the Secretary in regulations, an opportunity to correct any deficiencies in order to allow the entity to continue to receive funds under this section. ``(2) Upon any termination of funding under this section, the Secretary may (to the extent practicable)-- ``(A) sell any property (including equipment) acquired or constructed by the entity using funds made available under this section or transfer such property to another FQHC, in which case the Secretary shall reimburse any costs which were incurred by the entity in acquiring or constructing such property (including equipment) which were not supported by grants under this section; and ``(B) recoup any funds provided to an entity terminated under this section. ``(h) Limitation on Amount of Expenditures.--The amount of funds that may be expended under this title to carry out the purposes of this part shall be for fiscal year 1994, $200,000,000, for fiscal year 1995, $400,000,000, for fiscal year 1996, $600,000,000, for fiscal year 1997, $800,000,000, for fiscal year 1998, $800,000,000, and for fiscal years thereafter such sums as provided by Congress.''. (b) Effective Date.--The amendments made by subsection (a) shall become effective with respect to services furnished by a federally qualified health center or other qualifying entity described in this section beginning on or after October 1, 1993. SEC. 4. STUDY AND REPORT ON SERVICES PROVIDED BY COMMUNITY HEALTH CENTERS AND HOSPITALS. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall provide for a study to examine the relationship and interaction between community health centers and hospitals in providing services to individuals residing in medically underserved areas. The Secretary shall ensure that the National Rural Research Centers participate in such study. (b) Report.--The Secretary shall provide to the appropriate committees of Congress a report summarizing the findings of the study within 90 days of the end of each project year and shall include in such report recommendations on methods to improve the coordination of and provision of services in medically underserved areas by community health centers and hospitals. (c) Authorization.--There are authorized to carry out the study provided for in this section $150,000 for each of fiscal years 1994 and 1995.

Amends title XIX (Medicaid) of the Social Security Act to establish a part B (Health Services Access) to fund grants to federally-qualified health centers (FQHCs) and other entities for the expansion and development of primary health care service programs for medically underserved populations. Sets forth grant eligibility criteria and the requirements grant applications must meet. Outlines limitations on the use of grant funds. Establishes priorities for the awarding of grants, with the highest priority for those FQHCs and other entities proposing to expand operations to serve medically underserved populations with the highest degree of unmet need in the most efficient manner. Requires entities receiving program funds to return excess revenues to the Secretary. Requires termination of grants to entities failing to meet certain requirements. Directs the Secretary to study and report to the Congress on the relationship between community health centers and hospitals in providing such services. Authorizes appropriations.

To amend title XIX of the Social Security Act to create a new part under such title to provide access to services for medically underserved populations not currently served by federally qualified health centers, by providing funds for a new program to allow federally qualified health centers and other qualifying entities to expand such centers' and entities' capacity and to develop additional centers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Fair Access to Veterans Healthcare Act''. SEC. 2. ESTABLISHMENT OF OFFICE OF THE OMBUDSMAN. (a) Establishment.--Subchapter I of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7310. Office of the Ombudsman ``(a) Establishment.--There is established in the Veterans Health Administration an Office of the Ombudsman (in this section referred to as the `Office'). The Office shall be headed by an Ombudsman appointed by the Secretary. The Ombudsman shall report directly to and be under the general supervision of the Secretary, but shall not report to, or be subject to supervision by, any other officer of the Department of Veterans Affairs. Neither the Secretary nor any other such officer may prevent or prohibit the Ombudsman from carrying out the duties of the Ombudsman. ``(b) Duties of Office.--The Office shall carry out the following duties: ``(1) Identify, investigate, and resolve complaints that-- ``(A) are made by, or on behalf of, covered patients; and ``(B) relate to action, inaction, or decisions made by employees of the Department that may adversely affect the health, safety, welfare, or rights of covered patients. ``(2) Assist covered patients in finding patient advocates, veterans service organizations, or other similar entities to represent and advocate for the health, safety, welfare, and rights of the covered patient. ``(3) Inform covered patients of the means of obtaining assistance described in paragraph (2). ``(4) Ensure that covered patients have regular and timely access to the services provided by the Office, including with respect to receiving timely responses to complaints. ``(5) Analyze, monitor, and provide comments and suggestions to the Secretary with respect to the development and implementation of actions made by the Secretary relating to the health, safety, welfare, and rights of covered patients. ``(6) Administer the reporting system described in subsection (d). ``(7) Provide training to local ombudsmen and volunteers described in subsection (c). ``(8) Other activities that the Secretary considers appropriate. ``(c) Local Ombudsmen.--(1) Using amounts otherwise authorized to be appropriated for the medical facilities of the Department, each medical facility shall have a local ombudsman responsible for carrying out the duties of the Office at such location. ``(2) A local ombudsman shall-- ``(A) carry out the assistance described in paragraph (2) of subsection (b) to ensure the protection of the health, safety, welfare, or rights of covered patients; ``(B) ensure that covered patients have regular, timely access to the Office, including with respect to receiving timely responses to complaints described in paragraph (1) of such subsection; ``(C) identify, investigate, and determine how to resolve such complaints; and ``(D) train local volunteers from civic organizations to assist the local ombudsman by working directly with covered patients to develop individual action plans relating to the health, safety, welfare, and rights of the covered patient. ``(d) Reporting System.--The Ombudsman shall establish and administer a uniform reporting system to collect and analyze data relating to complaints described in subsection (b)(1) in order to identify to the Secretary and determine how to resolve significant problems in the medical facilities of the Department. ``(e) Cooperation.--The Secretary shall ensure that each medical facility of the Department cooperates with the Office in carrying out this section. ``(f) Annual Report.--The Ombudsman shall submit to the Secretary and Congress an annual report that contains the following with respect to the year covered by the report: ``(1) A description of the activities carried out by the Office. ``(2) An analysis of the data described in subsection (d). ``(3) An evaluation of the problems experienced by, and the complaints made by or on behalf of, covered patients. ``(4) Recommendations for-- ``(A) improving the quality of care and life of covered patients; and ``(B) protecting the health, safety, welfare, and rights of covered patients. ``(5) An analysis of the success of the Office, including-- ``(A) a description of the services provided to covered patients as described in subsection (b)(2); and ``(B) an identification of barriers to the Office for better carrying out the duties of the Office. ``(6) Any comments and suggestions described in subsection (b)(5). ``(7) Any other information the Ombudsman considers appropriate. ``(g) Covered Patient Described.--In this section, the term `covered patient' means an individual who is receiving medical care or hospital services at a medical facility of the Department.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7309 the following new item: ``7310. Office of the Ombudsman.''.

Ensuring Fair Access to Veterans Healthcare Act This bill establishes in the Veterans Health Administration an Office of the Ombudsman, which shall: investigate and resolve complaints made by or on behalf of patients receiving medical care or hospital services at a Department of Veterans Affairs (VA) medical facility (covered patients) that relate to action, inaction, or decisions made by VA employees that may adversely affect such patients; assist covered patients in finding patient advocates, veterans service organizations, or other similar entities to advocate for their health, safety, welfare, and rights; ensure that covered patients have regular and timely access to Office services; administer the reporting system provided for by this Act; and provide training to local ombudsmen and volunteers. The Office shall establish a reporting system to collect and analyze complaint data in order to determine how to resolve significant VA medical facility problems. Each VA medical facility shall have a local ombudsman responsible for carrying out the duties of the Office at such location.

Ensuring Fair Access to Veterans Healthcare Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Stadium Act of 1957 Amendments of 1993''. SEC. 2. AUTHORIZATION OF A NEW STADIUM. The District of Columbia Stadium Act of 1957 (71 Stat. 619; D.C. Code sections 2-321 through 2-330) is amended by adding at the end thereof the following new section: ``Sec. 12. (a)(1) The District of Columbia is authorized to use, for a period not to exceed 99 years from the date of enactment of the District of Columbia Stadium Act of 1957 Amendments of 1993, a portion of the lands adjacent to the stadium constructed pursuant to section 2 (known as `Robert F. Kennedy Memorial Stadium'), as generally shown on the map identified as `Map to Designate Location of Stadiums and Lease of Parking Lots to the District', and further identified as National Park Service Drawing No. 831/87306, for the purposes of constructing, maintaining, and operating, itself or through a third party, either public or private, a new stadium, or any replacement of a new stadium. ``(2) The use of the new stadium shall not be limited by the seating capacity, cost, and other provisions in section 2. ``(3) Nothing in section 7(b), or any lease or deed executed pursuant thereto, or in this section, shall be construed to limit the authority or ability of the District of Columbia to sublease or otherwise encumber the said portion to a third party, either public or private, for-- ``(A) any use consistent with the use authorized by this section; and ``(B) any term not exceeding that which is authorized in this section. ``(b)(1)(A) Except for those lands used by the District of Columbia for the new stadium authorized by subsection (a), the use of the lands leased to the District of Columbia for stadium and stadium parking lots purposes pursuant to section 7(b) shall continue in accord with the provisions of that section subject to the provisions of subparagraphs (B) and (C). ``(B) The term of the authorized use of the lands leased to the District of Columbia for stadium and stadium parking lots is extended for a period not to exceed 99 years from the date of enactment of the District of Columbia Stadium Act of 1957 Amendments of 1993. ``(C) Nothing in section 7(b), or any lease or deed executed pursuant thereto, or in this section, shall be construed to limit the authority or ability of the District of Columbia to sublease or otherwise encumber the lands to a third party, either public or private, for-- ``(i) any use consistent with the use authorized by section 7(b) and this section: and ``(ii) any term not exceeding that which is authorized in this section. ``(2) The responsibility and authority for construction, maintenance, and operation of the parking lots on the lands leased to the District of Columbia for parking lots purposes is vested exclusively in the District of Columbia. Such responsibility and authority for the parking lots may be assigned by the District of Columbia to a third party under any sublease executed pursuant to the authority provided in this section. The National Park Service shall not be responsible for construction, maintenance, or operation of the parking lots, or any cost arising therefrom. ``(c)(1)(A) Except for the lands described in subparagraph (B), the lands designated as `Area F' on the map entitled `Map to designate Location of Stadiums and Lease of Parking Lots to the District', and further identified as National Park Service Drawing No. 831/87306 (hereinafter referred to as `Area F'), are leased to the District of Columbia. Such lands may be used by the District of Columbia, or any sublessee of the District of Columbia, for the stadium parking lots purposes specified in section 7(b), during the term of use of stadium parking lots authorized by subsection (b)(1) of this section, only for `overflow' parking, that is not to exceed 2,000 automobiles, and only when all other stadium striped parking spaces are filled to capacity. ``(B) The area described in subparagraph (A) excludes that area of land used by the District of Columbia for the new stadium authorized by subsection (a) of this section. ``(2) The use of Area F shall be in accord with the terms and conditions specified in an agreement between the National Park Service and the District of Columbia. The terms and conditions specified in such agreement shall be reasonable and necessary to ensure that Area F is maintained as grassed park land suitable for public recreational uses. ``(3) The National Park Service shall not be responsible for improvement, maintenance, or operation of Area F, or any costs arising therefrom. ``(d) The responsibility and authority for construction, maintenance, naming, and operation of the new stadium authorized by subsection (a) of this section is vested exclusively in the District of Columbia. Such responsibility and authority for the new stadium may be assigned by the District of Columbia to a third party, either public or private. The National Park Service shall not be responsible for construction, maintenance, naming, or operation of the new stadium, or any costs arising therefrom. ``(e) Notwithstanding the provisions of the Act entitled `An Act to regulate the height of buildings in the District of Columbia', approved June 1, 1910 (36 Stat. 452; D.C. Code 5-401 through 5-409), a stadium authorized by subsection (a) may be constructed if-- ``(1) the design has been reviewed by the Commission of Fine Arts; and ``(2) reviewed and approved by the National Capital Planning Commission.''.

District of Columbia Stadium Act of 1957 Amendments of 1993 - Amends the District of Columbia Stadium Act of 1957 to authorize the District of Columbia to use the specified portion of lands adjacent to the Robert F. Kennedy Memorial Stadium to construct, maintain, and operate a new stadium or any replacement thereof for not to exceed 99 years. Prohibits use of the new stadium from being limited by the seating capacity, cost, and other provisions in such Act. States that nothing in such Act, in any lease or deed executed pursuant to it, or in this Act shall be construed to limit the authority or ability of the District to sublease or otherwise encumber such lands to a third party, either public or private, for any use consistent with the use and term authorized by this Act. Provides that, with the exception of those lands used by the District for the new stadium, use of the lands leased to the District for stadium and stadium parking lots purposes shall continue. Extends the term of such authorized use for not to exceed 99 years. Leases specified lands to the District for overflow parking for not more than 2,000 automobiles only when all other stadium striped parking spaces are filled to capacity. Requires the use of such lands under reasonable terms and conditions necessary to ensure that they are maintained as grassed park land suitable for public recreational uses. Vests responsibility and authority exclusively in the District for construction, maintenance, naming, and operation of the new stadium and parking lots. Authorizes the District to assign such responsibility and authority to a third party, either public or private. Prohibits the National Park Service from being responsible for construction, maintenance, naming, or operation of the new stadium or parking lots or any costs arising therefrom. Authorizes construction of such stadium if its design has been reviewed by the Commission of Fine Arts and reviewed and approved by the National Capital Planning Commission.

District of Columbia Stadium Act of 1957 Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle Class Flexible Savings Act of 1993''. SEC. 2. HIGHER MAXIMUM IRA DEDUCTION AND INCOME PHASEOUT LIMITS; INFLATION ADJUSTMENT OF MAXIMUM IRA DEDUCTION AND PHASEOUT LIMITS. (a) Higher Maximum IRA Deduction.-- (1) In general.--The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``$2,000'' and inserting ``$3,000'': (A) Subsections (b)(1)(A) and (c)(2) of section 219. (B) Subsections (a)(1), (b), and (j) of section 408. (2) Conforming amendment.--Sections 219(c)(2) and 408(d)(5) are each amended by striking ``$2,250'' and inserting ``$3,500''. (b) Higher Income Phaseout Limits.-- (1) Subparagraph (B) of section 219(g)(3) of such Code is amended-- (A) by striking ``$40,000'' and inserting ``$50,000'', and (B) by striking ``$25,000'' and inserting ``$30,000''. (2) Clause (ii) of section 219(g)(2)(A) of such Code is amended to read as follows: ``(ii) $12,000.'' (c) Inflation Adjustment of Maximum IRA Deduction and Income Phaseout Limits.--Section 219 of such Code is amended by inserting after subsection (f) the following new subsection: ``(g) Inflation Adjustment of Maximum Deduction and Income Phaseout Limits.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 1993, each applicable dollar amount shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1992' for `calendar year 1989' in subparagraph (B) thereof. ``(2) Applicable dollar amount.--For purposes of paragraph (1), the term `applicable dollar amount' means-- ``(A) the $3,000 amount in subsections (b)(1)(A), (c)(2), and (c)(3) of this section and in subsections (a)(1), (b), and (j) of section 408, ``(B) the $3,500 amount in subsection (c)(2) of this section and in section 408(d)(5), ``(C) the $50,000 and $30,000 amounts in subsection (g)(3)(B), and ``(D) the $12,000 amount in subsection (g)(2)(A)(ii). ``(3) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50 (or, if such amount is a multiple of $25 and not of $50, such amount shall be rounded to the next highest multiple of $50).'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992. SEC. 3. IRA FOR NONWORKING SPOUSE WITH YOUNG CHILDREN COMPUTED ON BASIS OF COMPENSATION OF BOTH SPOUSES. (a) In General.--Subsection (c) of section 219 of the Internal Revenue Code of 1986 (relating to special rules for certain married individuals) is amended by adding at the end thereof the following new paragraph: ``(3) Higher limit for spouse with young children.-- ``(A) In general.--In the case of a qualifying spouse, the amount allowable as a deduction under paragraph (1) shall not exceed the lesser of-- ``(i) $3,000, or ``(ii) the sum of-- ``(I) the compensation includible in such individual's gross income for the taxable year, plus ``(II) the compensation includible in the gross income of such individual's spouse for the taxable year reduced by the amount allowable as a deduction under subsection (a) to such spouse for such taxable year. ``(B) Qualifying spouse.--For purposes of subparagraph (A), the term `qualifying spouse' means any spouse of an individual if-- ``(i) such individual and spouse file a joint return for the taxable year, ``(ii) such spouse has less than $1,000 of compensation (determined without regard to section 911) for the taxable year, and ``(iii) such spouse has a child (as defined in section 151(c)(3)) who has not attained age 6 as of the close of such taxable year and who is a dependent (as defined in section 152) of the taxpayer for such year.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1992. SEC. 4. PENALTY-FREE WITHDRAWALS FROM CERTAIN PLANS TO PAY EDUCATIONAL EXPENSES, MEDICAL EXPENSES, AND BUSINESS START-UP EXPENSES. (a) Educational Expenses and Business Start-up Expenses.-- (1) In general.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to exceptions to 10- percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end thereof the following new subparagraph: ``(D) Distributions from certain plans for educational expenses and business start-up expenses.-- ``(i) In general.--Distributions to an individual from an individual retirement plan, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii) to the extent such distributions do not exceed the sum of-- ``(I) the qualified higher education expenses (as defined in paragraph (6)) of the taxpayer for the taxable year, and ``(II) the start-up expenditures (as defined in section 195(c)) of the taxpayer for the taxable year. ``(ii) Adjusted gross income limit.--Clause (i) shall apply to distributions from an individual retirement plan only if the adjusted gross income of the distributee for the taxable year in which the distribution occurs does not exceed-- ``(I) $60,000 in the case of an unmarried individual, ``(II) $70,000 in the case of a joint return, and ``(III) $35,000 in the case of a married individual filing a separate return.'' (2) Qualified higher education expenses defined.--Section 72(t) of such Code is amended by adding at the end thereof the following new paragraph: ``(6) Qualified higher education expenses.--For purposes of paragraph (2)(D)-- ``(A) In general.--The term `qualified higher education expenses' means tuition, fees, books, supplies, and equipment required for the enrollment or attendance of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) a child (as defined in section 151(c)(3)) of the taxpayer, at an eligible educational institution (as defined in section 135(c)(3)). ``(B) Coordination with savings bond provisions.-- The amount of qualified higher education expenses for any taxable year shall be reduced by any amount excludable from gross income under section 135.'' (b) Catastrophic Illness Expenses.--Subparagraph (A) of section 72(t)(3) of such Code is amended to read as follows: ``(A) Certain exceptions not to apply to individual retirement plans.-- ``(i) In general.--Except as provided in clause (ii), subparagraphs (A)(v), (B), and (C) of paragraph (2) shall not apply to distributions from an individual retirement plan. ``(ii) Distributions for medical expenses from certain individual retirement plans.-- Subparagraph (B) of paragraph (2) shall apply to distributions from an individual retirement plan if the adjusted gross income of the distributee for the taxable year in which the distribution occurs does not exceed the applicable limitation under paragraph (2)(D).'' (c) Conforming Amendments.-- (1) Section 401(k)(2)(B)(i) of such Code is amended by striking ``or'' at the end of subclause (III), by striking ``and'' at the end of subclause (IV) and inserting ``or'', and by inserting after subclause (IV) the following new subclause: ``(V) the date on which distributions for qualified higher education expenses (as defined in section 72(t)(6)) or start-up expenses (as defined in section 195(c)) are made, and''. (2) Section 403(b)(11) of such Code is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by inserting after subparagraph (B) the following new subparagraph: ``(C) for the payment of qualified higher education expenses (as defined in section 72(t)(6)) or start-up expenses (as defined in section 195(c)).'' (d) Effective Date.--The amendments made by this section shall apply to payments and distributions after the date of the enactment of this Act.

Middle Class Flexible Savings Act of 1993 - Amends the Internal Revenue Code to increase the retirement savings deduction and the maximum individual retirement account contribution from $2,000 to $3,000. Raises income phase-out limits. Provides an inflation adjustment for such amounts. Allows higher retirement savings deductions for nonworking spouses in households with one or more children under the age of six. Allows penalty-free distributions from certain retirement plans for: (1) qualified higher education expenses of the taxpayer, spouse, or child; (2) business start-up expenditures; and (3) medical expenses. Limits such distributions to individuals whose adjusted gross income does not exceed: $60,000 in the case of an unmarried individual, $70,000 in the case of a joint return, and $35,000 in the case of married individuals filing separately.

Middle Class Flexible Savings Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bonuses for Cost-Cutters Act of 2013''. SEC. 2. COST SAVINGS ENHANCEMENTS. (a) In General.--Section 4512 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by inserting ``or identification of surplus funds or unnecessary budget authority'' after ``mismanagement''; (B) in paragraph (2), by inserting ``or identification'' after ``disclosure''; and (C) in the matter following paragraph (2), by inserting ``or identification'' after ``disclosure''; and (2) by adding at the end the following: ``(c) The Inspector General of an agency or other agency employee designated under subsection (b) shall refer to the Chief Financial Officer of the agency any potential surplus funds or unnecessary budget authority identified by an employee, along with any recommendations of the Inspector General or other agency employee. ``(d)(1) If the Chief Financial Officer of an agency determines that rescission of potential surplus funds or unnecessary budget authority identified by an employee would not hinder the effectiveness of the agency, except as provided in subsection (e), the head of the agency shall transfer the amount of the surplus funds or unnecessary budget authority from the applicable appropriations account to the general fund of the Treasury. ``(2) Title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) shall not apply to transfers under paragraph (1). ``(3) Any amounts transferred under paragraph (1) shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate). ``(e) The head of an agency may retain not more than 10 percent of amounts to be transferred to the general fund of the Treasury under subsection (d) for the purpose of paying a cash award under subsection (a) to the employee who identified the surplus funds or unnecessary budget authority. ``(f)(1) The head of each agency shall submit to the Director of the Office of Personnel Management an annual report regarding-- ``(A) each disclosure of possible fraud, waste, or mismanagement or identification of potentially surplus funds or unnecessary budget authority by an employee of the agency determined by the agency to have merit; ``(B) the total savings achieved through disclosures and identifications described in subparagraph (A); and ``(C) the number and amount of cash awards by the agency under subsection (a). ``(2)(A) The head of each agency shall include the information described in paragraph (1) in each budget request of the agency submitted to the Office of Management and Budget as part of the preparation of the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code. ``(B) The Director of the Office of Personnel Management shall submit to Congress and the Government Accountability Office an annual report on Federal cost saving and awards based on the reports submitted under subparagraph (A). ``(g) The Director of the Office of Personnel Management shall-- ``(1) ensure that the cash award program of each agency complies with this section; and ``(2) submit to Congress an annual certification indicating whether the cash award program of each agency complies with this section. ``(h) Not later than 3 years after the date of enactment of the Bonuses for Cost-Cutters Act of 2013, and every 3 years thereafter, the Comptroller General of the United States shall submit to Congress a report on the operation of the cost savings and awards program under this section, including any recommendations for legislative changes.''. (b) Officers Eligible for Cash Awards.-- (1) In general.--Section 4509 of title 5, United States Code, is amended to read as follows: ``Sec. 4509. Prohibition of cash award to certain officers ``(a) Definitions.--In this section, the term `agency'-- ``(1) has the meaning given that term under section 551(1); and ``(2) includes an entity described in section 4501(1). ``(b) Prohibition.--An officer may not receive a cash award under this subchapter if the officer-- ``(1) serves in a position at level I of the Executive Schedule; ``(2) is the head of an agency; or ``(3) is a commissioner, board member, or other voting member of an independent establishment.''. (2) Technical and conforming amendment.--The table of sections for chapter 45 of title 5, United States Code, is amended by striking the item relating to section 4509 and inserting the following: ``4509. Prohibition of cash award to certain officers.''.

Bonuses for Cost-Cutters Act of 2013 - Expands the awards program for disclosures by federal employees of fraud, waste, or mismanagement that result in cost savings to the employee's agency to include identification of surplus funds or unnecessary budget authority. Directs that any savings resulting from the identification of such funds or budget authority be deposited in the Treasury and used to reduce a budget deficit or the federal debt. Prohibits the payment of awards to: (1) federal officers who serve in a position at level I of the Executive Schedule; (2) the head of an agency; or (3) a commissioner, board member, or other voting member of an independent establishment.

Bonuses for Cost-Cutters Act of 2013

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. The table of contents in section 1 of division I of the Omnibus Parks and Public Lands Management Act of 1996 (110 Stat. 4094; 16 U.S.C. 1 note; hereinafter referred to as the ``Omnibus Parks Act'') is amended by striking-- ``Sec. 504. Amendment to Boston National Historic Park Act. ``Sec. 505. Women's Rights National Historic Park.'' and inserting-- ``Sec. 504. Amendment to Boston National Historical Park Act. ``Sec. 505. Women's Rights National Historical Park.''. SEC. 2. THE PRESIDIO OF SAN FRANCISCO. (a) Section 101(2) of division I of the Omnibus Parks Act of 1996 (110 Stat. 4097; 16 U.S.C. 460bb note) is amended by striking ``the Presidio is'' and inserting ``the Presidio was''. (b) Section 103(b)(1) of division I of the Omnibus Parks Act (110 Stat. 4099; 16 U.S.C. 460bb note) is amended in the last sentence by striking ``other lands administrated by the Secretary.'' and inserting ``other lands administered by the Secretary.''. (c) Section 105(a)(2) of division I of the Omnibus Parks Act (110 Stat. 4104; 16 U.S.C. 460bb note) is amended by striking ``in accordance with section 104(h) of this title.'' and inserting ``in accordance with section 104(i) of this title.''. SEC. 3. COLONIAL NATIONAL HISTORICAL PARK. Section 211(d) of division I of the Omnibus Parks Act (110 Stat. 4109; 16 U.S.C. 81p) is amended by striking ``depicted on the map dated August 1993, numbered 333/80031A,'' and inserting ``depicted on the map dated August 1996, numbered 333/80031B,''. SEC. 4. BIG THICKET NATIONAL PRESERVE. (a) Section 306(d) of division I of the Omnibus Parks Act (110 Stat. 4132; 16 U.S.C. 689 note) is amended by striking ``until the earlier of the consummation of the exchange of July 1, 1998,'' and inserting ``until the earlier of the consummation of the exchange or July 1, 1998,''. (b) Section 306(f)(2) of division I of the Omnibus Parks Act (110 Stat. 4132; 16 U.S.C. 689 note) is amended by striking ``located in Menard Creek Corridor'' and inserting ``located in the Menard Creek Corridor''. SEC. 5. LAMPREY WILD AND SCENIC RIVER. The second sentence of the unnumbered paragraph relating to the Lamprey River, New Hampshire, in section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking ``through cooperation agreements'' and inserting ``through cooperative agreements''. SEC. 6. VANCOUVER NATIONAL HISTORIC RESERVE. Section 502(a) of division I of the Omnibus Parks Act (110 Stat. 4154; 16 U.S.C. 461 note) is amended by striking ``published by the Vancouver Historical Assessment' published by the Vancouver Historical Study Commission'' and inserting ``published by the Vancouver Historical Study Commission''. SEC. 7. AMENDMENT TO BOSTON NATIONAL HISTORICAL PARK ACT. Section 504 of division I of the Omnibus Parks Act (110 Stat. 4155; 16 U.S.C. 1 note) is amended by striking ``sec. 504. amendment to boston national historic park act.'' and inserting ``sec. 504. amendment to boston national historical park act.''. SEC. 8. MEMORIAL TO MARTIN LUTHER KING, JR. Section 508(d) of division I of the Omnibus Parks Act (110 Stat. 4157, 40 U.S.C. 1003 note) is amended by striking ``section 8(b) of the Act referred to in section 4401(b)),'' and inserting ``section 8(b) of the Act referred to in section 508(b),''. SEC. 9. ADVISORY COUNCIL ON HISTORIC PRESERVATION REAUTHORIZATION. The first sentence of section 205(g) of title II of the National Historic Preservation Act (16 U.S.C. 470 et seq.) is amended by striking ``and are otherwise available for the purpose.'' and inserting ``and are otherwise available for that purpose.''. SEC. 10. GREAT FALLS HISTORIC DISTRICT, NEW JERSEY. Section 510(a)(1) of division I of the Omnibus Parks Act (110 Stat. 4158; 16 U.S.C. 461 note) is amended by striking ``the contribution of our national heritage'' and inserting ``the contribution to our national heritage''. SEC. 11. NEW BEDFORD NATIONAL HISTORIC LANDMARK DISTRICT. (a) Section 511(c) of division I of the Omnibus Parks Act (110 Stat. 4160; 16 U.S.C. 410ddd) is amended-- (1) in paragraph (1) by striking ``certain districts structures, and relics'' and inserting ``certain districts, structures, and relics''; and (2) in clause (2)(A)(i) by striking ``The area included with the New Bedford National Historic Landmark District, known as the'' and inserting ``The area included within the New Bedford Historic District, a National Landmark District, also known as the''. (b) Section 511 of division I of the Omnibus Parks Act (110 Stat. 4159; 16 U.S.C. 410ddd) is amended-- (1) by striking ``(e) General Management Plan.'' and inserting ``(f) General Management Plan.''; and (2) by striking ``(f) Authorization of Appropriations.'' and inserting ``(g) Authorization of Appropriations.''. (c) Section 511(g) of division I of the Omnibus Parks Act (110 Stat. 4159; 16 U.S.C. 410ddd) is further amended-- (1) by striking ``to carry out the activities under section 3(D).'' and inserting ``to carry out the activities under subsection (d).''; and (2) by striking ``pursuant to cooperative grants under subsection (d)(2).'' and inserting ``pursuant to cooperative grants under subsection (e)(2).''. SEC. 12. NICODEMUS NATIONAL HISTORIC SITE. Section 512(a)(1)(B) of division I of the Omnibus Parks Act (110 Stat. 4163; 16 U.S.C. 461 note) is amended by striking ``Afican- Americans'' and inserting ``African-Americans''. SEC. 13. UNALASKA. Section 513(c) of division I of the Omnibus Parks Act (110 Stat. 4165; 16 U.S.C. 461 note) is amended by striking ``whall be comprised'' and inserting ``shall be comprised''. SEC. 14. REVOLUTIONARY WAR AND WAR OF 1812 HISTORIC PRESERVATION STUDY. Section 603(d)(2) of division I of the Omnibus Parks Act (110 Stat. 4172; 16 U.S.C. 1a-5 note) is amended by striking ``The study under subsection (b) shall--'' and inserting ``The study shall--''. SEC. 15. SHENANDOAH VALLEY BATTLEFIELDS. (a) Section 606(d) of division I of the Omnibus Parks Act (110 Stat. 4175; 16 U.S.C. 461 note) is amended-- (1) in paragraph (1) by striking ``established by section 5.'' and inserting ``established by subsection (e).''; (2) in paragraph (2) by striking ``established by section 9.'' and inserting ``established by subsection (h).''; and (3) in paragraph (3) by striking ``under section 6.'' and inserting ``under subsection (f).''. (b) Section 606(g)(5) of division I of the Omnibus Parks Act (110 Stat. 4177; 16 U.S.C. 461 note) is amended by striking ``to carry out the Commission's duties under section 9.'' and inserting ``to carry out the Commission's duties under subsection (i).''. SEC. 16. WASHITA BATTLEFIELD. Section 607(d)(2) of division I of the Omnibus Parks Act (110 Stat. 4181; 16 U.S.C. 461 note) is amended by striking ``will work with local land owners'' and inserting ``will work with local landowners''. SEC. 17. SKI AREA PERMIT RENTAL CHARGE. Section 701 of division I of the Omnibus Parks Act (110 Stat. 4182; 16 U.S.C. 497c) is amended-- (1) in subsection (d)(1) and in subsection (d) last paragraph, after ``1994-1995 base year,'' insert ``AGR''; (2) in subsection (f) by striking ``sublessees'' and inserting ``subpermittees''; and (3) in subsection (f) by striking ``(except for bartered goods and complimentary lift tickets)'' and inserting ``(except for bartered goods and complimentary lift tickets offered for commercial or other promotion purposes).'' SEC. 18. ROBERT J. LAGOMARSINO VISITOR CENTER. Section 809(b) of division I of the Omnibus Parks Act (110 Stat. 4189; 16 U.S.C. 410ff note) is amended by striking ``referred to in section 301'' and inserting ``referred to in subsection (a)''. SEC. 19. NATIONAL PARK SERVICE ADMINISTRATIVE REFORM. (a) Section 814(a) of division I of the Omnibus Parks Act (110 Stat. 4190; 16 U.S.C. 17o. note) is amended-- (1) in paragraph (7) by striking ``(B) Comptetitive leasing.--'' and inserting ``(B) Competitive leasing.--''; (2) in paragraph (9) by striking ``granted by statue'' and inserting ``granted by statute''; (3) in paragraph (11)(B)(ii) by striking ``more cost effective'' and inserting ``more cost-effective''; (4) in paragraph (13) by striking ``established by the agency under paragraph (13),'' and inserting ``established by the agency under paragraph (12),''; and (5) in paragraph (18) by striking ``under paragraph (7)(A)(i)(I), any lease under paragraph (11)(B), and any lease of seasonable quarters under subsection (1),'' and inserting ``under paragraph (7)(A), and any lease under paragraph (11),''. (b) Section 7(c)(2) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9(c)) is amended-- (1) in subparagraph (C) by striking ``The sum of the total appraised value of the lands, water, and interest therein'' and inserting ``The sum of the total appraised value of the lands, waters, and interests therein''; and (2) in subparagraph (F) by striking ``all property owners whose lands, water, or interests therein, or a portion of whose lands, water, or interests therein,'' and inserting ``all property owners whose lands, waters, or interests therein, or a portion of whose lands, waters, or interests therein,''. (c) Section 814(d)(2)(E) of division I of the Omnibus Parks Act (110 Stat. 4196; 16 U.S.C. 431 note) is amended by striking ``(Public Law 89-665; 16 U.S.C. 470w-6(a)), is amended by striking'' and inserting ``(Public Law 89-665; 16 U.S.C. 470w-6(a)), by striking''. (d) Section 814(g)(1)(A) of division I of the Omnibus Parks Act (110 Stat. 4199; 16 U.S.C. 1f) is amended by striking ``(as defined in section 2(a) of the Act of August 8, 1953 (16 U.S.C. 1c(a))),'' and inserting ``(as defined in section 2(a) of the Act of August 8, 1953 (16 U.S.C. 1(c)(a))),''. SEC. 20. BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR. Section 10 of the Act entitled ``An Act to establish the Blackstone River Valley National Heritage Corridor in Massachusetts and Rhode Island'', approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461 note), is amended-- (1) in subsection (b) by striking ``For fiscal years 1996, 1997 and 1998,'' and inserting ``For fiscal years 1998, 1999, and 2000,''; and (2) in subsection (d)(2) by striking ``may be made in the approval plan'' and inserting ``may be made in the approved plan''. SEC. 21. TALLGRASS PRAIRIE NATIONAL PRESERVE. (a) Section 1002(a)(4)(A) of division I of the Omnibus Parks Act (110 Stat. 4204; 16 U.S.C. 689u) is amended by striking ``to purchase a portion of the ranch,'' and inserting ``to acquire a portion of the ranch,''. (b) Section 1004(b) of division I of the Omnibus Parks Act (110 Stat. 4205; 16 U.S.C. 689u-3) is amended by striking ``of June 3, 1994,'' and inserting ``on June 3, 1994,''. (c) Section 1005(g)(3)(A) of division I of the Omnibus Parks Act (110 Stat. 4207. 16 U.S.C. 689u-3) is amended by striking ``Maintaining and enhancing the tall grass prairie'' and inserting ``Maintaining and enhancing the tallgrass prairie''. SEC. 22. RECREATION LAKES. (a) Section 1021(a) of division I of the Omnibus Parks Act (110 Stat. 4210; 16 U.S.C. 4601-10e note) is amended by striking ``for recreational opportunities at federally-managed manmade lakes'' and inserting ``for recreational opportunities at federally managed manmade lakes''. (b) Section 13 of the Land and Water Conservation Fund Act of 1965 (Public Law 88-578, 78 Stat. 897) is amended-- (1) in subsection (b)(6) by striking ``the economics and financing of recreation related infrastructure.'' and inserting ``the economic and financing of recreation-related infrastructure.''; (2) in subsection (e) by striking ``The report shall review the extent of water related recreation'' and inserting ``The report shall review the extent of water-related recreation''; and (3) in subsection (e)(2) by striking ``at federally-managed lakes'' and inserting ``at federally managed lakes''. SEC. 23. BOSTON HARBOR ISLANDS RECREATION AREA. (a) Section 1029(d)(6) of division I of the Omnibus Parks Act (110 Stat. 4235; 16 U.S.C. 460kkk) is amended by striking ``(6) Relationship of recreation area to boston-logan international airport.'' and by inserting ``(6) Relationship of recreation area to boston-logan international airport.''. (b) Section 1029(e)(3)(B) of division I of the Omnibus Parks Act of 1996 (110 Stat. 4235; 16 U.S.C. 460kkk) is amended by striking ``pursuant to subsections (b)(3), (4), (5), (6), (7), (8), (9), and (10).'' and inserting ``pursuant to subparagraphs (e)(2)(C), (D), (E), (F), (G), (H), (I), and (J).''. (c) Section 1029(f)(2)(A)(I) of division I of the Omnibus Parks Act (110 Stat. 4236; 16 U.S.C. 460kkk) is amended by striking ``and a delineation of profit sector roles and responsibilities.'' and inserting ``and a delineation of private-sector roles and responsibilities.''. (d) Section 1029(g)(1) of division I of the Omnibus Parks Act (110 Stat. 4238; 16 U.S.C. 460kkk) is amended by striking ``and revenue raising activities.'' and inserting ``and revenue-raising activities.''. SEC. 24. NATCHEZ NATIONAL HISTORICAL PARK. Section 3(b)(1) of the Act of October 8, 1988, entitled ``An Act to create a national park at Natchez, Mississippi'' (16 U.S.C. 410oo et seq.), is amended by striking ``and visitors' center for Natchez National Historical Park.'' and inserting ``and visitor center for Natchez National Historical Park.''. SEC. 25. REGULATION OF FISHING IN CERTAIN WATERS OF ALASKA. Section 1035 of division I of the Omnibus Parks Act (110 Stat. 4240; 16 U.S.C. 1 note) is amended by striking ``sec. 1035. regulations of fishing in certain waters of alaska.'' and inserting ``sec. 1035. regulation of fishing in certain waters of alaska.''. SEC. 26. NATIONAL COAL HERITAGE AREA. (a) Section 104(4) of division II of the Omnibus Parks Act (110 Stat. 4244; 16 U.S.C. 461 note) is amended by striking ``that will further history preservation in the region.'' and inserting ``that will further historic preservation in the region.''. (b) Section 105 of division II of the Omnibus Parks Act (110 Stat. 4244; 16 U.S.C. 461 note) is amended by striking ``The resources eligible for the assistance under paragraphs (2) and (5) of section 104'' and inserting ``The resources eligible for the assistance under paragraph (2) of section 104''. (c) Section 106(a)(3) of division II of the Omnibus Parks Act (110 Stat. 4244; 16 U.S.C. 461 note) is amended by striking ``or Secretary to administer any properties'' and inserting ``or the Secretary to administer any properties''. SEC. 27. TENNESSEE CIVIL WAR HERITAGE AREA. (a) Section 201(b)(4) of division II of the Omnibus Parks Act (110 Stat. 4245; 16 U.S.C. 461 note) is amended by striking ``and associated sites associated with the Civil War'' and insert ``and sites associated with the Civil War''. (b) Section 207(a) of division II of the Omnibus Parks Act (110 Stat. 4248; 16 U.S.C. 461 note) is amended by striking ``as provide for by law or regulation.'' and inserting ``as provided for by law or regulation.''. SEC. 28. AUGUSTA CANAL NATIONAL HERITAGE AREA. Section 301(1) of division II of the Omnibus Parks Act (110 Stat. 4249; 16 U.S.C. 461 note) is amended by striking ``National Historic Register of Historic Places,'' and inserting ``National Register of Historic Places,''. SEC. 29. ESSEX NATIONAL HERITAGE AREA. Section 501(8) of division II of the Omnibus Parks Act (110 Stat. 4257; 16 U.S.C. 461 note) is amended by striking ``a visitors' center'' and inserting ``a visitor center''. SEC. 30. OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR. (a) Section 805(b)(2) of division II of the Omnibus Parks Act (110 Stat. 4269; 16 U.S.C. 461 note) is amended by striking ``One individuals,'' and inserting ``One individual,''. (b) Section 808(a)(3)(A) of division II of the Omnibus Parks Act (110 Stat. 4272; 16 U.S.C. 461 note) is amended by striking ``from the Committee.'' and inserting ``from the Committee,''. SEC. 31. HUDSON RIVER VALLEY NATIONAL HERITAGE AREA. Section 908(a)(1)(B) of division II of the Omnibus Parks Act (110 Stat. 4279; 16 U.S.C. 461 note) is amended by striking ``directly on nonfederally owned property'' and inserting ``directly on non-federally owned property''.

Amends the Omnibus Parks and Public Lands Management Act of 1996 to make technical amendments to provisions regarding specified national historical parks, preserves, memorials, battlefields, visitor centers, recreation lakes and areas, heritage areas, and historic reserves, districts, and sites. Extends, through FY 2000, the authorization of appropriations for preservation of structures on or eligible for inclusion on the National Register of Historic Places within the Blackstone River Valley National Heritage Corridor in Massachusetts and Rhode Island.

A bill to make technical corrections to the Omnibus Parks and Public Lands Management Act of 1996, and for other purposes.