FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congo Basin Forest Partnership Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) The tropical forests of the Congo Basin, located in the Central African countries of Cameroon, the Central African Republic, the Democratic Republic of the Congo, Equatorial Guinea, Gabon, the Republic of Congo, Rwanda, Burundi, and Sao Tome/ Principe, are second in size only to the tropical forests of the Amazon Basin. (2) These forests are a crucial economic resource for the people of the Central African region. (3) Congo Basin forests play a critical role in sustaining the environment--absorbing carbon dioxide, cleansing water, and retaining soil. (4) Congo Basin forests contain the most diverse grouping of plants and animals in Africa, including rare and endangered species, such as the lowland gorilla, mountain gorilla, chimpanzee, and okapi. These plants and animals are invaluable for many reasons, including their genetic and biochemical information, which could spark advances in medical, agricultural, and industrial technology. (5) Logging operations, driven by a growing global demand for tropical hardwoods, are shrinking these forests. One estimate has logging taking out Congo Basin forest area at a rate of twice the size of the State of Rhode Island every year. (6) The construction of logging roads and other developments are putting intense hunting pressure on wildlife. At current hunting levels, most species of apes and other primates, large antelope, and elephants will disappear from the Congo Basin, with some becoming extinct. (7) If current deforestation and wildlife depletion rates are not reversed, the six countries of the Congo Basin most immediately, but also the world, will pay an immense economic, environmental, and cultural price. (8) The United States has an interest in seeing political stability and economic development advance in the Congo Basin countries. This interest will be adversely impacted if current deforestation and wildlife depletion rates are not reversed. (9) Poorly managed and nonmanaged logging and hunting threatens to do to the Congo Basin what it did to West Africa, which lost much of its forest and wildlife through over-exploitation. (10) Purged of wildlife, some Congo Basin forests already are ``empty forests''. (11) In an attempt to conserve the forests of the Congo Basin, the region's governments convened the Yaounde (Cameroon) Forest Summit in March 1999. (12) In September 2002, Secretary of State Colin Powell launched the Congo Basin Forest Partnership (CBFP) in Johannesburg, South Africa. The CBFP promotes the conservation and sustainable use of the region's forests, for example, by working to combat poaching, illegal logging, and other unsustainable practices, and giving local populations an economic stake in the preservation of the forests, including through the development of ecotourism. (13)(A) The United States contribution to the CBFP will focus on conserving 11 key landscapes in 6 countries--Cameroon, the Central African Republic, the Democratic Republic of the Congo, Equatorial Guinea, Gabon, and the Republic of Congo--identified at the Yaounde Forest Summit as being of the greatest biological importance to the region. (B) The United States will fund field-based activities within these 25,000,000 acres that aim to support a network of 27 national parks and protected areas and well-managed forestry concessions. (C) In this way, the work will build on existing United States efforts, including those of the Central African Regional Program for the Environment (CARPE) of the United States Agency for International Development, which will implement the CBFP. (14) The CBFP has broad international financial support, including from non-African governments, the European Commission, the International Bank for Reconstruction and Development, and numerous nongovernment organizations. (15) A dramatic step toward conserving Congo Basin forests has recently been taken by Gabon. In September 2002, President Omar Bongo announced the creation of 13 national parks, representing over 10 percent of Gabon's surface area. Previously, Gabon had no national park system. (16) With the CBFP and other initiatives, there exists unprecedented momentum for the conservation of Congo Basin forests. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the President to carry out the Congo Basin Forest Partnership (CBFP) program $18,600,000 for fiscal year 2004. (b) CARPE.--Of the amounts appropriated pursuant to the authorization of appropriations in subsection (a), $16,000,000 is authorized to be made available to the Central Africa Regional Program for the Environment (CARPE) of the United States Agency for International Development. (c) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Congo Basin Forest Partnership Act of 2004 - Authorizes appropriations to the President for FY 2004 to carry out the Congo Basin Forest Partnership (CBFP) program (which promotes the conservation and sustainable use of the forests of the Congo Basin by working to combat poaching, illegal logging, and other unsustainable practices and giving local populations an economic stake in the preservation of the forests, including through the development of ecotourism). Earmarks most of such funds for the Central Africa Regional Program for the Environment (CARPE) of the United States Agency for International Development (USAID).

An act to authorize appropriations for fiscal year 2004 to carry out the Congo Basin Forest Partnership program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Retiree and Veteran Health Care Act of 1993''. SEC. 2. DEFINITION OF MEDICARE SUBVENTION FUNDING. Section 1072 of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(6) The term `medicare subvention funding' means funds or funding authority of any program authorized under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), which is made available to a department or agency for the provision of health care services, and wherein funds are provided directly to a military treatment facility operated by the Department of Defense or Department of Veterans' Affairs for the purpose of payment for care provided to authorized personnel treated in that particular facility; and further wherein the funds provided would otherwise be utilized for the same purpose in a nonmilitary treatment facility.''. SEC. 3. MEDICAL AND DENTAL CARE FOR MEMBERS AND CERTAIN FORMER MEMBERS. Section 1074(b) of title 10, United States Code, is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by adding at the end the following new paragraphs: ``(2) If a member or former member eligible for care under paragraph (1) is also eligible for health insurance payments under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), the member or former member shall be entitled to and given medical and dental care in any medical facility of any uniformed service. The facility of the uniformed service that provides such care will recover the cost for the care provided from medicare subvention funding by direct billing of the appropriate program administering the health insurance program defined under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and appropriate for the particular recipient of the care. Medicare subvention funding payments to the providing military treatment facility will be at fixed rates approved by the President. ``(3) Payments received by a military treatment facility or Department of Veterans' Affairs facility for medical services provided, whether the funds originated as Department of Defense appropriated funds or from medicare subvention funding shall be deposited to the credit of the operating and maintenance fund of the particular medical facility that provided the service, and as direct reimbursement for services rendered; without any requirement of equal or reciprocal reduction of the operating and maintenance budget of the providing facility.''. SEC. 4. MEDICAL AND DENTAL CARE FOR DEPENDENTS. Section 1076(a) of title 10, United States Code, is amended by striking out paragraph (1) and inserting in lieu thereof the following new paragraph: ``(1) A dependent described in paragraph (2) is entitled, upon request, to the medical and dental care prescribed by section 1077 of this title in facilities of the uniformed services. If the dependent is also entitled to hospital insurance benefits under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), then the facility of the uniformed service will still provide authorized care, but will recover the cost for providing the care from medicare subvention funding by direct billing of the appropriate program administering the health insurance program defined under that Act, and appropriate for the particular recipient of the care. Medicare subvention funding payments to the providing military treatment facility will be at fixed rates approved by the President; and will be used, deposited, and credited as specified in section 1074 of this title.'' SEC. 5. CONFORMING AMENDMENT REGARDING MEDICARE SUBVENTION FUNDING. Section 1086(d) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(4) A covered beneficiary who is entitled to hospital insurance benefits under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), and who elects to receive care in a military treatment facility, as authorized by section 1076 of this title, may do so. The insurance benefits of the Social Security Act may then be utilized to reimburse the military treatment facility for the care given, in the manner and rate as specified in sections 1074(b) and 1076(a)(1).''. SEC. 6. COLLECTION FROM THIRD-PARTY PAYERS. Section 1095 of title 10, United States Code, is amended by striking out subsection (d) and inserting in lieu thereof the following new subsection: ``(d) Collection may be made from any third-party payer, including the appropriate program administering the health insurance program defined under title XVIII or XIX of the Social Security Act (42 U.S.C. 1395 et seq.) pursuant to medicare subvention funding.''. SEC. 7. DETERMINATION OF INABILITY TO PROVIDE MEDICAL AND DENTAL SERVICES. Section 1076 of title 10, United States Code, is amended by striking out subsection (c) and inserting in lieu thereof the following new subsection: ``(c) Medical or dental care may be denied to a person who is otherwise eligible for such care at a military treatment facility only if the senior officer-in-charge or commanding officer of the military treatment facility makes a determination that the treatment facility, or subunit thereof, cannot provide the particular care required. This determination may be made, if, and only if, that particular military treatment facility, or subunit thereof, does not, at that particular time, have space or facilities available to provide the treatment due solely to the then actual existing requirements to utilize all existing space or facilities for active duty members; or does not, at that particular time, and under any circumstances, provide the type of care required. Authority to make such determination may not be delegated. The administering Secretary will be advised immediately in all instances where a determination to deny treatment, under this subsection, is made, with a verifiable date as to when the restriction will be removed.''. SEC. 8. MEDICARE PROCEDURE FOR PAYMENT OF CLAIMS OF PROVIDERS OF SERVICES. (a) In General.--Section 1835 of the Social Security Act (42 U.S.C. 1395n) is amended by striking out subsection (d) and inserting in lieu thereof the following: ``(d) Payments to Federal Provider of Services or Other Federal Agencies Prohibited.--Subject to sections 1880, 1890, and 1890A, no payment may be made under this part (42 U.S.C. 1395j et seq.) to any Federal provider of services or other Federal agency, except a provider of services which the Secretary determines is providing services to the public generally as a community institution or agency; and no such payment may be made to any provider of services or other person for any item or service which such person or persons is obligated by a law of, or a contract with, the United States to render at public expense.''. (b) Exception for Military and Veterans Treatment Facilities.-- Title XVIII of the Social Security Act is amended by inserting after section 1889 the following: ``SEC. 1890. MILITARY TREATMENT FACILITIES. ``(a) Eligibility for Payments; Conditions and Requirements.--A military treatment facility operated by a uniformed service of the Department of Defense shall be eligible for payments under this title notwithstanding sections 1814(c) and 1835(d) if and for so long as that military treatment facility meets all of the conditions and requirements for such payments which are applicable to hospitals and skilled nursing facilities under this title. ``(b) Definition.--Such payments under this section shall be referred to as medicare subvention funding, as that term is defined in section 1072(6) of title 10, United States Code. ``SEC. 1890A. DEPARTMENTS OF VETERANS AFFAIRS MEDICAL TREATMENT FACILITY. ``(a) Eligibility for Payments; Conditions and Requirements.--A medical treatment facility operated by the Department of Veterans Affairs shall be eligible for payments under this title notwithstanding sections 1814(c) and 1835(d) if and for so long as that medical treatment facility meets all of the conditions and requirements for such payments which are applicable to hospitals and skilled nursing facilities under this title. ``(b) Definition.--Such payments under this section shall be referred to as medicare subvention funding, as that term is defined in section 1072(6) of title 10, United States Code.''.

Military Retiree and Veteran Health Care Act of 1993 - Entitles members and former members of the armed forces and their dependents who are eligible for medical or dental care in any military facility and who are also entitled to health insurance under title XVIII (Medicare) of the Social Security Act to receive medical or dental care in any military facility. Directs the facility providing such services to recover the costs of such care from Medicare Subvention funding. Provides for the deposit of funds received by a military medical treatment or Department of Veterans Affairs facility from Medicare Subvention funding for the provision of such care. Allows a covered beneficiary of a member or former member of the armed forces who is also entitled to hospital insurance benefits under Medicare to receive care in a military treatment facility and to have the Medicare hospital insurance benefits paid to such military treatment facility for the care so provided. Provides that, in the case of health care services incurred on behalf of covered beneficiaries, collection may be made from any third party payer, including the appropriate program under Medicare or title XIX (Medicaid) of the Social Security Act. (Currently, collection from a plan administered by Medicare or Medicaid is prohibited.) Prohibits medical or dental care from being provided to an otherwise eligible person at a military treatment facility only if the senior or commanding officer of such facility determines that such facility cannot provide the particular care required because of lack of space or facilities or because such type of care is not provided at such facility. Requires the administering Secretary to be advised immediately when a determination to deny treatment is made, with a verifiable date as to when the restriction will be removed. Amends Medicare provisions to make Department of Defense and Department of Veterans Affairs treatment facilities eligible for Medicare payments as long as they meet requirements applicable to hospitals and skilled nursing facilities under title XVIII.

Military Retiree and Veteran Health Care Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Transportation Safety Board Reauthorization Act of 2003''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) Fiscal Years 2003-2006.--Section 1118(a) of title 49, United States Code, is amended-- (1) by striking ``and''; and (2) by striking ``such sums to'' and inserting the following: ``$73,325,000 for fiscal year 2003, $78,757,000 for fiscal year 2004, $83,011,000 for fiscal year 2005, and $87,539,000 for fiscal year 2006. Such sums shall''. (b) Emergency Fund.--Section 1118(b) of such title is amended by striking the second sentence and inserting the following: ``In addition, there are authorized to be appropriated such sums as may be necessary to increase the fund to, and maintain the fund at, a level not to exceed $4,000,000.''. (c) NTSB Academy.--Section 1118 of such title is amended by adding at the end the following: ``(c) Academy.-- ``(1) Authorization.--There are authorized to be appropriated to the Board for necessary expenses of the National Transportation Safety Board Academy, not otherwise provided for, $3,347,000 for fiscal year 2003, $4,896,000 for fiscal year 2004, $4,995,000 for fiscal year 2005, and $5,200,000 for fiscal year 2006. Such sums shall remain available until expended. ``(2) Fees.--The Board may impose and collect such fees as it determines to be appropriate for services provided by or through the Academy. ``(3) Receipts credited as offsetting collections.-- Notwithstanding section 3302 of title 31, any fee collected under this subsection-- ``(A) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed; ``(B) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and ``(C) shall remain available until expended. ``(4) Refunds.--The Board may refund any fee paid by mistake or any amount paid in excess of that required. ``(d) Report on Academy Operations.--The National Transportation Safety Board shall transmit an annual report to the Congress on the activities and operations of the National Transportation Safety Board Academy.''. SEC. 3. ASSISTANCE TO FAMILIES OF PASSENGERS INVOLVED IN AIRCRAFT ACCIDENTS. (a) Relinquishment of Investigative Priority.--Section 1136 of title 49, United States Code, is amended by adding at the end the following: ``(j) Relinquishment of Investigative Priority.-- ``(1) General rule.--This section (other than subsection (g)) shall not apply to an aircraft accident if the Board has relinquished investigative priority under section 1131(a)(2)(B) and the Federal agency to which the Board relinquished investigative priority is willing and able to provide assistance to the victims and families of the passengers involved in the accident. ``(2) Board assistance.--If this section does not apply to an aircraft accident because the Board has relinquished investigative priority with respect to the accident, the Board shall assist, to the maximum extent possible, the agency to which the Board has relinquished investigative priority in assisting families with respect to the accident.''. (b) Revision of MOU.--Not later than 1 year after the date of enactment of this Act, the National Transportation Safety Board and the Federal Bureau of Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this section and shall submit a copy of the revised agreement to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. SEC. 4. RELIEF FROM CONTRACTING REQUIREMENTS FOR INVESTIGATIONS SERVICES. (a) In General.--From the date of enactment of this Act through September 30, 2006, the National Transportation Safety Board may enter into agreements or contracts under the authority of section 1113(b)(1)(B) of title 49, United States Code, for investigations conducted under section 1131 of that title without regard to any other provision of law requiring competition if necessary to expedite the investigation. (b) Report on Usage.--On February 1, 2006, the National Transportation Safety Board shall transmit a report to the House of Representatives Committee on Transportation and Infrastructure, the House of Representatives Committee on Government Reform, the Senate Committee on Commerce, Science, and Transportation, and the Senate Committee on Governmental Affairs that-- (1) describes each contract for $25,000 or more executed by the Board to which the authority provided by subsection (a) was applied; and (2) sets forth the rationale for dispensing with competition requirements with respect to such contract. SEC. 5. ACCIDENT AND SAFETY DATA CLASSIFICATION AND PUBLICATION. Section 1119 of title 49, United States Code, is amended by adding at the end the following: ``(c) Appeals.-- ``(1) Notification of rights.--In any case in which an employee of the Board determines that an occurrence associated with the operation of an aircraft constitutes an accident, the employee shall notify the owner or operator of that aircraft of the right to appeal that determination to the Board. ``(2) Procedure.--The Board shall establish and publish the procedures for appeals under this subsection. ``(3) Limitation on applicability.--This subsection shall not apply in the case of an accident that results in a loss of life.''. SEC. 6. SECRETARY OF TRANSPORTATION'S RESPONSES TO SAFETY RECOMMENDATIONS. Section 1135(d) of title 49, United States Code, is amended to read as follows: ``(d) Reporting Requirements.-- ``(1) Annual secretarial regulatory status reports.--On February 1 of each year, the Secretary shall submit a report to Congress and the Board containing the regulatory status of each recommendation made by the Board to the Secretary (or to an Administration within the Department of Transportation) that is on the Board's `most wanted list'. The Secretary shall continue to report on the regulatory status of each such recommendation in the report due on February 1 of subsequent years until final regulatory action is taken on that recommendation or the Secretary (or an Administration within the Department) determines and states in such a report that no action should be taken. ``(2) Failure to report.--If on March 1 of each year the Board has not received the Secretary's report required by this subsection, the Board shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the Secretary's failure to submit the required report. ``(3) Termination.--This subsection shall cease to be in effect after the report required to be filed on February 1, 2008, is filed.''. SEC. 7. TECHNICAL AMENDMENTS. Section 1131(a)(2) of title 49, United States Code, is amended by moving subparagraphs (B) and (C) 4 ems to the left. SEC. 8. DOT INSPECTOR GENERAL INVESTIGATIVE AUTHORITY. (a) In General.--Section 228 of the Motor Carrier Safety Improvement Act of 1999 (113 Stat. 1773) is transferred to, and added at the end of, subchapter III of chapter 3 of title 49, United States Code, as section 354 of that title. (b) Conforming Amendments.--(1) The caption of the section is amended to read as follows: ``Sec. 354. Investigative authority of Inspector General''. (2) The chapter analysis for chapter 3 of title 49, United States Code, is amended by adding at the end the following: ``354. Investigative authority of Inspector General.''. SEC. 9. REPORTS ON CERTAIN OPEN SAFETY RECOMMENDATIONS. (a) Initial Report.--Within 1 year after the date of enactment of this Act, the Secretary of Transportation shall submit a report to Congress and the National Transportation Safety Board containing the regulatory status of each open safety recommendation made by the Board to the Secretary concerning-- (1) 15-passenger van safety; (2) railroad grade crossing safety; and (3) medical certifications for a commercial driver's license. (b) Biennial Updates.--The Secretary shall continue to report on the regulatory status of each such recommendation (and any subsequent recommendation made by the Board to the Secretary concerning a matter described in paragraph (1), (2), or (3) of subsection (a)) at 2-year intervals until-- (1) final regulatory action has been taken on the recommendation; (2) the Secretary determines, and states in the report, that no action should be taken on that recommendation; or (3) the report, if any, required to be submitted in 2008 is submitted. (c) Failure To Report.--If the Board has not received a report required to be submitted under subsection (a) or (b) within 30 days after the date on which that report is required to be submitted, the Board shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

National Transportation Safety Board Reauthorization Act of 2003 - (Sec. 2) Amends Federal transportation law to extend the authorization of appropriations for the National Transportation Safety Board (NTSB) for FY 2003 through 2006, including the NTSB Academy and an emergency fund. Authorizes appropriations necessary to increase the emergency fund from $2 million to $3 million. Authorizes the NTSB to impose and collect appropriate fees for services provided by or through the Academy. Credits receipts as offsetting collections to the account that finances Academy activities. Requires an annual report on the activities and operations of the Academy. (Sec. 3) Relieves the NTSB of the duty to render specified assistance to families of passengers involved in an aircraft accident if the NTSB has relinquished its investigative priority to investigate it and the Federal agency to which it has relinquished such priority is willing and able to provide assistance to the victims and families of the passengers. Requires the NTSB, however, even if it has relinquished such priority, to assist, to the maximum extent possible, the agency to which it has relinquished it in assisting families with respect to the accident. Directs the NTSB and the Federal Bureau of Investigation to revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this Act, and to submit such revision to specified congressional committees. (Sec. 4) Allows the NTSB to enter into agreements or contracts necessary to conduct accident investigations without regard to competition requirements if necessary to expedite investigation. Requires that each contract for at least $25,000 be enumerated in the NTSB's annual report to Congress. (Sec. 5) Requires any NTSB employee, whenever heor she determines that an occurrence associated with the operation of an aircraft, but not resulting in a loss of life, constitutes an accident, to notify the aircraft owner or operator of the right to appeal that determination to the NTSB. Requires the NTSB to establish and publish appeal procedures. (Sec. 6) Revises requirements for an annual report to Congress by the Secretary of Transportation on NTSB transportation safety recommendations. Requires the Secretary to report on February 1 of each year to Congress and the NTSB on the regulatory status of each recommendation on the NTSB "most wanted list," until final regulatory action is taken or the Secretary (or an Administration within the Department of Transportation (DOT)) determines and reports that no action should be taken. Requires the NTSB to report to specified congressional committees on March 1 of each year if it has not received the Secretary's report. (Sec. 8) Amends Federal transportation law and the Motor Carrier Safety Improvement Act of 1999 to make certain technical and conforming amendments with respect to the investigative authority of the DOT Inspector General. (Sec. 9) Requires the Secretary to report biennially to Congress and the NTSB on the regulatory status of each NTSB open safety recommendation concerning: (1) 15-passenger van safety; (2) railroad grade crossing safety; and (3) medical certifications for a commercial driver's license. Requires NTSB notification to specified congressional committees of any failure to receive such report.

A bill to reauthorize the National Transportation Safety Board, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Regulator Accountability Act''. SEC. 2. HEALTH PLANS CREATED UNDER PPACA OR OFFERED THROUGH EXCHANGES TO BE ONLY HEALTH PLANS FEDERAL GOVERNMENT MAY MAKE AVAILABLE TO FEDERAL EMPLOYEES RESPONSIBLE FOR ADMINISTRATION OF PPACA. Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is amended-- (1) in the subparagraph heading, by striking ``Members of congress'' and inserting ``Members of congress and certain federal employees''; (2) in clause (i), in the matter preceding subclause (I)-- (A) by striking ``after the effective date of this subtitle,'' and inserting ``after December 31, 2013,''; (B) by striking ``Members of Congress and congressional staff'' and inserting ``Members of Congress, congressional staff, and Federal employees responsible for the administration of this Act''; and (C) by striking ``a Member of Congress or congressional staff'' and inserting ``a Member of Congress, congressional staff, or Federal employee responsible for the administration of this Act''; and (3) in clause (ii), by adding at the end the following: ``(III) Federal employee responsible for the administration of this act.--The term `Federal employee responsible for the administration of this Act', as used with respect to a year, means a Federal employee-- ``(aa) who holds a position in the Department of Health and Human Services, the Internal Revenue Service, or any other Executive agency (as defined by section 105 of title 5, United States Code) during such year; and ``(bb) the duties and responsibilities of whose position (as described in item (aa)) during such year-- ``(AA) involves the promulgation of rules or regulations to carry out this Act (or amendments made by this Act); ``(BB) involves the enforcement of this Act (or amendments made by this Act); or ``(CC) otherwise involves the administration of this Act (or amendments made by this Act), as determined under regulations promulgated by the head of the employing agency. ``(IV) Federal employee.--The term `Federal employee' means an `employee', as defined in section 2105 of title 5, United States Code, and includes an individual to whom subsection (c) or (f) of such section 2105 pertains (whether or not such individual otherwise satisfies such section).''. SEC. 3. ENFORCEMENT. (a) In General.--The Secretary of Health and Human Services, the Director of the Internal Revenue Service, and the head of any other agency involved in promulgating rules or regulations to carry out or to enforce the Patient Protection and Affordable Care Act or any amendments made by such Act (as described in the amendment made by section 2(3)) may not, in any fiscal year, obligate or expend more than 90 percent of the funds made available for the salaries and expenses of the office of the Secretary, Director, or head (as the case may be) for such fiscal year unless such regulations are promulgated and take effect before the close of such fiscal year. (b) Rescission.--Any amounts which (by virtue of subsection (a)) remain precluded from obligation or expenditure on the last day of any fiscal year shall be rescinded on the close of such last day. (c) Limitation.--Nothing in this section shall be considered to affect any funds or other amounts to the extent that such amounts would (disregarding this section) otherwise be available for purposes apart from salaries or other administrative expenses of the office involved.

Health Care Regulator Accountability Act - Amends the Patient Protection and Affordable Care Act (PPACA) to prohibit the federal government from making any health care plan available to Department of Health and Human Services (HHS), Internal Revenue Service (IRS), or any other federal executive agency employees responsible for the administration of the Act except a health plan created under it or offered through an American Health Benefit Exchange. Prohibits the Secretary of HHS, the IRS Director, and the head of any other agency involved in promulgating rules or regulations to carry out or to enforce PPACA, or any amendments made by it, from obligating or expending, in any fiscal year, more than 90% of the funds made available for the salaries and expenses of their offices unless those regulations are promulgated and take effect before the fiscal year's close. Requires rescission of any amounts which remain precluded from obligation or expenditure on that last day of the fiscal year.

Health Care Regulator Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Opportunity Act of 1995''. SEC. 2. PROHIBITION AGAINST DISCRIMINATION AND PREFERENTIAL TREATMENT. Notwithstanding any other provision of law, neither the Federal Government nor any officer, employee, or department or agency of the Federal Government-- (1) may intentionally discriminate against, or may grant a preference to, any individual or group based in whole or in part on race, color, national origin, or sex, in connection with-- (A) a Federal contract or subcontract; (B) Federal employment; or (C) any other federally conducted program or activity; (2) may require or encourage any Federal contractor or subcontractor to intentionally discriminate against, or grant a preference to, any individual or group based in whole or in part on race, color, national origin, or sex; or (3) may enter into a consent decree that requires, authorizes, or permits any activity prohibited by paragraph (1) or (2). SEC. 3. RECRUITMENT AND ENCOURAGEMENT OF BIDS. Nothing in this Act shall be construed to prohibit or limit any effort by the Federal Government or any officer, employee, or department or agency of the Federal Government-- (1) to recruit qualified women or qualified minorities into an applicant pool for Federal employment or to encourage businesses owned by women or by minorities to bid for Federal contracts or subcontracts, if such recruitment or encouragement does not involve using a numerical objective, or otherwise granting a preference, based in whole or in part on race, color, national origin, or sex, in selecting any individual or group for the relevant employment, contract or subcontract, benefit, opportunity, or program; or (2) to require or encourage any Federal contractor or subcontractor to recruit qualified women or qualified minorities into an applicant pool for employment or to encourage businesses owned by women or by minorities to bid for Federal contracts or subcontracts, if such requirement or encouragement does not involve using a numerical objective, or otherwise granting a preference, based in whole or in part on race, color, national origin, or sex, in selecting any individual or group for the relevant employment, contract or subcontract, benefit, opportunity, or program. SEC. 4. RULES OF CONSTRUCTION. (a) Historically Black Colleges and Universities.--Nothing in this Act shall be construed to prohibit or limit any act that is designed to benefit an institution that is a historically Black college or university on the basis that the institution is a historically Black college or university. (b) Indian Tribes.--Nothing in this Act shall be construed to prohibit or limit any action taken-- (1) pursuant to a law enacted under the constitutional powers of Congress relating to the Indian tribes; or (2) under a treaty between an Indian tribe and the United States. (c) Bona Fide Occupational Qualification, Privacy, and National Security Concerns.--Nothing in this Act shall be construed to prohibit or limit any classification based on sex if-- (1) sex is a bona fide occupational qualification reasonably necessary to the normal operation of the Federal Government entity or Federal contractor or subcontractor involved; (2) the classification is designed to protect the privacy of individuals; or (3)(A) the occupancy of the position for which the classification is made, or access to the premises in or on which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any Act or any Executive order of the President; or (B) the classification is applied with respect to a member of the Armed Forces serving on active duty in a theatre of combat operations (as determined by the Secretary of Defense). SEC. 5. COMPLIANCE REVIEW OF POLICIES AND REGULATIONS. Not later than 1 year after the date of enactment of this Act, the head of each department or agency of the Federal Government, in consultation with the Attorney General, shall review all existing policies and regulations that such department or agency head is charged with administering, modify such policies and regulations to conform to the requirements of this Act, and report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate the results of the review and any modifications to the policies and regulations. SEC. 6. REMEDIES. (a) In General.--In any action involving a violation of this Act, a court may award only injunctive or equitable relief (including but not limited to back pay), a reasonable attorney's fee, and costs. (b) Construction.--Nothing in this section shall be construed to affect any remedy available under any other law. SEC. 7. EFFECT ON PENDING MATTERS. (a) Pending Cases.--This Act shall not affect any case pending on the date of enactment of this Act. (b) Pending Contracts, Subcontracts, and Consent Decrees.--This Act shall not affect any contract, subcontract, or consent decree in effect on the date of enactment of this Act, including any option exercised under such contract or subcontract before or after such date of enactment. SEC. 8. DEFINITIONS. As used in this Act: (1) Federal government.--The term ``Federal Government'' means the executive and legislative branches of the Government of the United States. (2) Grant a preference.--The term ``grant a preference'' means use of any preferential treatment and includes but is not limited to any use of a quota, set-aside, numerical goal, timetable, or other numerical objective. (3) Historically black college or university.--The term ``historically Black college or university'' means a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).

Equal Opportunity Act of 1995 - Prohibits discrimination or preferences in Federal employment and contracting on the basis of race, color, national origin, or sex, or entering into a consent decree requiring, authorizing, or permitting any such discrimination or preference. Prohibits construing this Act to prohibit or limit: (1) employment recruiting or encouraging contract bidding or requiring or encouraging Federal contractors to so recruit or encourage, if the recruiting or encouraging does not involve a numerical objective or otherwise granting a preference; (2) any act designed to benefit historically Black colleges or universities; (3) any action under a Federal law or treaty relating to the Indian tribes; or (4) classifications based on sex if sex is a bona fide occupational qualification reasonably necessary to the normal operation of the Government, contractor, or subcontractor, the classification is designed to protect privacy, a U.S. national security interest is involved, or the classification is applied regarding an armed forces member on active duty in a theatre of combat operations. Allows as remedies only injunctive or equitable relief (including back pay), attorney's fees, and costs.

Equal Opportunity Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cost Recovery and Fair Value for Services Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Federal Government has an obligation to United States citizens to be stewards of their hard-earned taxpayer dollars by operating in an efficient manner. (2) There are hundreds of Federal agencies in the executive branch providing an array of services and programs. (3) It is critical, especially in times when national debt is high, for these agencies to ensure that the programs they provide are consistently assessed regarding their costs and self-financed to the greatest extent possible. (4) By setting equitable user fee rates for services provided, agencies as well as those who use the services can participate in the shared fiscal responsibility needed to reduce the deficit without overburdening users or constraining demand. SEC. 3. USER FEE REPORT. (a) Amendment.--Section 902 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(c) User Fee Report Required.-- ``(1) In general.--Not later than October 1 of each odd- numbered year, beginning with October 1, 2011, an agency Chief Financial Officer shall prepare and submit a report to the Director of the Office of Management and Budget on the review and recommendations under subsection (a)(8) and shall include with regard to the recommendations concerning the adjustment or reduction of fees imposed by the agency for services and things of value it provides for the matters described under paragraphs (2) and (3). ``(2) Matters related to equity.--The report required by paragraph (1) shall include the following: ``(A) An evaluation of whether each user is paying an equitable amount and the ability of the user to pay the fee. ``(B) The extent to which use of such program by certain users, or for certain types of uses, provides a public benefit. ``(C) The extent to which the program for which the fee is funding benefits the public and identifiable users. ``(3) Matters related to efficiency.--The report required by paragraph (1) shall include the following: ``(A) The amount of the fee sufficient to cover the full cost of the service or thing of value provided by the agency. ``(B) Whether the agency has timely and reliable cost data to determine the amount of the fee to cover the full cost of the service or thing of value provided by the agency. ``(C) The extent to which the fee will fully or partially recover costs of the service or thing of value provided by the agency. ``(D) Whether the fee structure should include exemptions or reduced fees. ``(E) Whether the fee should be set as a percentage or as a fixed dollar amount. ``(F) How the fee will be structured to cover the intended share of the cost of the service or thing of value provided by the agency over time. ``(G) Whether fee collections are projected to change over time in relation to the cost of the service or thing of value provided by the agency. ``(4) Definitions.--In this subsection: ``(A) Equitable amount.--The term `equitable amount' means an amount that is set at a level so that a user with the ability to pay a higher fee pays more for the service and thing of value than a user with less ability to pay. ``(B) User.--The term `user' means a person that pays a fee imposed by an agency for services and things of value provided by the agency.''. (b) Submission by OMB.--Not later than December 1 of each year in which a report is submitted under section 902(c) of title 31, United States Code, as added by subsection (a), the Director of the Office of Management and Budget shall compile and transmit the reports, along with a summary prepared by the Director, including an identification of any recommendations in the report the Director does not agree with and the reasons for such disagreement, to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.

Cost Recovery and Fair Value for Services Act of 2010 - Requires each federal agency's chief financial officer, by October 1 of each odd-numbered year, to report to the Director of the Office of Management and Budget (OMB) on that officer's biennial review of agency charges for services and things of value that it provides and recommendations on revising those charges to reflect its costs in doing so. Requires such report to include: (1) with regard to such recommendations, an evaluation of whether each user is paying an equitable amount and of the user's ability to pay, the extent to which use of such program provides a public benefit, and the extent to which the program the fee is funding benefits the public and identifiable users; (2) the amount of the fee sufficient to cover the full cost of the service or thing of value; (3) whether the agency has timely and reliable cost data to determine such amount; (4) the extent to which the fee will fully or partially recover costs; (5) whether the fee structure should include exemptions or reduced fees; (6) whether the fee should be set as a percentage or as a fixed dollar amount; (7) how the fee will be structured to cover the intended share of the cost over time; and (8) whether fee collections are projected to change over time in relation to the cost of the service or thing of value. Requires the OMB Director, by December 1 of each such year, to compile and transmit such reports to specified congressional committees and to identify any recommendations with which the Director does not agree.

To amend title 31, United States Code, to require each agency Chief Financial Officer to submit to the Office of Management and Budget a report on and recommendations concerning the adjustment or reduction of fees imposed by the agency for services and things of value it provides.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Offshore Wind Energy Research, Development, Demonstration, and Commercial Application Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) 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)). (2) National offshore wind center.--The term ``national offshore wind center'' means a national offshore wind energy research, development, and demonstration center established under section 4(a). (3) Program.--The term ``program'' means a program-- (A) that includes activities to support the research, demonstration, and development of commercial applications for offshore wind energy; and (B) to be carried out by the Secretary under section 3(a). (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. OFFSHORE WIND ENERGY RESEARCH AND DEVELOPMENT PROGRAM. (a) In General.--As soon as practicable after the date of enactment of this Act, in accordance with subsection (b), the Secretary shall carry out the program-- (1) to improve the energy efficiency, reliability, and capacity of offshore wind turbines; and (2) to reduce the cost of manufacturing, construction, deployment, generation, and maintenance of offshore wind energy systems. (b) Program Requirements.--The Secretary shall carry out the program to support-- (1) the design, demonstration, and deployment of advanced wind turbine foundations and support structures, blades, turbine systems, components, and supporting land- and water- based infrastructure for application in-- (A) shallow water; (B) transitional depths; and (C) deep offshore water; (2) the full-scale testing and establishment of regional demonstrations of offshore wind components and systems to validate technology and performance issues relating to the components; (3) for inclusion in a publically accessible database, assessments of the offshore wind resources of the United States, including-- (A) environmental impacts and benefits; (B) siting and permitting issues; (C) exclusion zones; and (D) transmission needs; (4) the design, demonstration, and deployment of integrated sensors, actuators, and advanced materials (including composite materials); (5) advanced blade manufacturing activity (including automation, materials, and the assembly of large-scale components) to stimulate the development of the blade manufacturing capacity of the United States; (6) methods to assess and mitigate the effects of wind energy systems on marine ecosystems and marine industries; and (7) other research areas, as determined to be appropriate by the Secretary. SEC. 4. NATIONAL OFFSHORE WIND ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION CENTERS. (a) Duty of Secretary.--As soon as practicable after the date of enactment of this Act, the Secretary shall award, on a competitive basis and with an emphasis on technical merit, grants to institutions of higher education to establish 1 or more national offshore wind centers. (b) Selection Criteria.--In selecting institutions of higher education under subsection (a), the Secretary shall give preference to institutions of higher education that-- (1) agree to cover transitional depth technologies to complement the activities of a national offshore wind center; (2) agree to host an offshore wind energy research and development program funded by the Department of Energy in coordination with an engineering program of the institution of higher education; (3) employ individuals who have proven expertise relating to the development of novel materials for commercial applications; and (4) have access to, and use the resources of-- (A) the Atlantic Ocean; (B) the Gulf of Mexico; or (C) the Pacific Ocean. (c) Requirements.--A national offshore wind center established with funds provided by the Secretary through a grant under subsection (a) shall be designed-- (1) to focus on deepwater floating offshore wind energy technologies; and (2) to facilitate the conduct of initiatives to advance 1 or more activities described in section 3(b). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary to carry out this Act $50,000,000 for each of fiscal years 2011 through 2021.

Offshore Wind Energy Research, Development, Demonstration, and Commercial Application Act of 2009 - Requires the Secretary of Energy to implement a program to: (1) improve the energy efficiency, reliability, and capacity of offshore wind turbines; and (2) reduce the cost of manufacturing, construction, deployment, generation, and maintenance of offshore wind energy systems. Requires the Secretary to implement the program to support: (1) the design, demonstration, and deployment of advanced wind turbine foundations and support structures, blades, turbine systems, components, and supporting land- and water-based infrastructure for application in shallow water, transitional depths, and deep offshore water; (2) the full-scale testing and establishment of regional demonstrations of offshore wind components and systems to validate technology and performance issues relating to the components; (3) assessments of the offshore wind resources for inclusion in a publicly accessible database; (4) the design, demonstration, and deployment of integrated sensors, actuators, and advanced materials; (5) advanced blade manufacturing activity to stimulate the development of the blade manufacturing capacity of the United States; and (6) methods to assess and mitigate the effects of wind energy systems on marine ecosystems and marine industries. Requires the Secretary to award competitive grants to institutions of higher education to establish national offshore wind centers. Requires such a center to be designed to: (1) focus on deepwater floating offshore wind energy technologies; and (2) facilitate the conduct of initiatives to advance program activities.

A bill to require the Secretary of Energy to carry out a program to support the research, demonstration, and development of commercial applications for offshore wind energy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Affordability Tax Relief Act of 2014'' or the ``HEATR Act of 2014''. SEC. 2. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application) is amended by adding at the end the following new section: ``SEC. 6433. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS. ``(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 of the taxpayer's residential energy costs for such taxable year, or ``(2) $500. ``(b) Income Limitation.-- ``(1) In general.--The amount allowable as a credit under subsection (a) for any taxable year 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 $50,000 (twice such amount 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 the amount paid or incurred by the taxpayer during the taxable year-- ``(A) to any utility for electricity or natural gas used in the principal residence of the taxpayer during the heating season, and ``(B) for any qualified fuel for use in the principal residence of the taxpayer but only if such fuel is the primary fuel for heating such residence. ``(2) Principal residence.-- ``(A) In general.--The term `principal residence' has the meaning given to such term by section 121; except that no ownership requirement shall be imposed. ``(B) Special rules.--Such term shall not include-- ``(i) any residence located outside the United States, and ``(ii) any residence not used as the taxpayer's principal place of abode throughout the heating season. ``(3) Heating season.--The term `heating season' means October, November, December, January, February, and March. ``(4) Qualified fuel.--The term `qualified fuel' includes propane, heating oil, kerosene, wood, and wood pellets. ``(d) Other Special Rules.-- ``(1) Individuals paying on level payment basis.--Amounts paid for natural gas under a level payment plan for any period shall be treated as paid for natural gas used during the portion (if any) of the heating season during such period to the extent of the amount charged for natural gas used during such portion of the heating season. A similar rule shall apply to electricity and any qualified fuel. ``(2) Homeowners associations, etc.--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. ``(3) Dollar amount in case of joint occupancy.--In the case of a dwelling unit which is the principal residence by 2 or more individuals, the dollar limitation under subsection (a)(2) shall be allocated among such individuals under regulations prescribed by the Secretary. ``(4) Treatment as refundable credit.--For purposes of this title, the credit allowed by this section shall be treated as a credit allowed under subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits). ``(e) Application of Section.--This section shall apply to residential energy costs paid or incurred after the date of the enactment of this section and before April 1, 2016.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or 6428 or'' and inserting ``, 6428, 6433, or''. (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6433. Refundable credit for residential energy costs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Home Energy Affordability Tax Relief Act of 2014 or the HEATR Act of 2014 - Amends the Internal Revenue Code to allow an individual taxpayer an income-based refundable tax credit for energy costs for the taxpayer's principal residence. Limits such credit to the lesser of 33% of such costs or $500. Allow such credit for residential energy costs paid or incurred after the enactment of this Act and before April 1, 2016. 

HEATR Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Let My Absentee Ballot Count Act of 2010''. SEC. 2. REQUIREMENTS FOR TREATMENT OF ABSENTEE BALLOTS IN FEDERAL ELECTIONS. (a) Requirements Described.--Title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended by inserting after section 303 the following new section: ``SEC. 303A. REQUIREMENTS FOR TREATMENT OF ABSENTEE BALLOTS. ``(a) Procedures for Design of Ballot.-- ``(1) Consultation with united states postal service to minimize postage requirements.--In designing the absentee ballot used in an election for Federal office, the appropriate State and local election officials shall consult with the United States Postal Service so that the ballot is designed in a manner which minimizes the amount of postage required for the voter to return the ballot. ``(2) Requiring outer envelope for ballot.--A State shall design each absentee ballot used in an election for Federal office in a manner which includes an envelope or other covering so that the contents of the ballot are not visible during transmission. ``(b) Confirmation of Acceptance of Ballot Prior to Election.-- ``(1) Requirement to implement tracking procedures.-- ``(A) In general.--The State or local election official responsible for the receipt of voted absentee ballots in an election for Federal office shall implement procedures to track and confirm the receipt of such ballots, and to make information on the receipt of such ballots available prior to the date of the election to the individual who cast the ballot, by means of online access using the Internet site of the official's office. ``(B) Use of toll-free telephone number.--If the office of the election official responsible for the receipt of voted absentee ballots in an election for Federal office does not have an Internet site, the official may meet the requirements of subparagraph (A) by operating a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information involved. ``(C) Information specified.--The information referred to in subparagraphs (A) and (B) with respect to the receipt of an absentee ballot shall include information regarding whether the vote cast on the ballot was counted, and, in the case of a vote which was not counted, the reasons therefor. ``(2) Treatment of individuals subsequently casting ballots at polling place.--If an individual is informed prior to the date of an election in accordance with the procedures implemented under paragraph (1) that a vote cast by the individual on an absentee ballot will not be counted in the election and the individual casts a ballot at the polling place on the date of the election-- ``(A) the vote cast on the absentee ballot shall not be counted in the election; ``(B) the ballot cast at the polling place shall be treated as a regular ballot and not as a provisional ballot (unless the ballot would otherwise be subject to treatment as a provisional ballot under section 302(a)), and shall be counted if the individual is eligible to vote in the election; and ``(C) the individual shall not be considered to be in violation of any law which prohibits an individual from casting more than one vote in any election; without regard to whether or not the information provided to the individual in accordance with the procedures implemented under paragraph (1) is correct. ``(c) Prohibiting Rejection of Ballot for Lack of Notarization.--A State may not refuse to accept an absentee ballot in an election for Federal office solely on the grounds that the ballot is not notarized or signed by a witness. ``(d) No Effect on Requirements Applicable to Absentee Voting by Members of Uniformed Services or Overseas Citizens.--The provisions of this section may not be construed to affect any requirement of the Uniformed and Overseas Citizens Absentee Voting Act.''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (42 U.S.C. 15511) is amended by striking ``and 303'' and inserting ``303, and 303A''. (c) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 303 the following: ``Sec. 303A. Requirements for treatment of absentee ballots.''.

Let My Absentee Ballot Count Act of 2010 - Amends the Help America Vote Act of 2002 to require state and local election officials, in designing the absentee ballot used in an election for federal office, to consult with the U.S. Postal Service so that the ballot is designed in a manner which minimizes the amount of postage required for the voter to return the ballot. Requires a state to design each such absentee ballot in a manner which includes an envelope or other covering so that the contents of the ballot are not visible during transmission. Requires the state or local election official responsible for the receipt of voted absentee ballots to implement procedures to track and confirm their receipt, and to make the tracking information available to the voter before election day, by means of online access using the Internet site of the official's office. States that, if an individual eligible to vote is informed before election day that the individual's absentee ballot will not be counted, and the individual casts a ballot at the polling place on election day, then: (1) the vote cast on the absentee ballot shall not be counted; (2) the ballot cast at the polling place shall be treated as a regular ballot and not as a provisional ballot, and shall be counted; and (3) the individual shall not be considered to be in violation of any law which prohibits an individual from casting more than one vote in any election. Prohibits a state from refusing to accept an absentee ballot in a federal election solely on the grounds that the ballot is not notarized or signed by a witness.

To amend the Help America Vote Act of 2002 to establish requirements for the treatment of absentee ballots in elections for Federal office, and for other purposes.

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Estate Tax Elimination Act of 2001''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. REPEAL OF ESTATE, GIFT, AND GENERATION-SKIPPING TAXES. (a) In General.--Subtitle B is hereby repealed. (b) Effective Date.--The repeal made by subsection (a) shall apply to the estates of decedents dying, and gifts and generation-skipping transfers made, after the date of the enactment of this Act. SEC. 3. PRESERVATION OF STEP UP IN BASIS OF CERTAIN PROPERTY ACQUIRED FROM A DECEDENT. (a) In General.--Subsection (a) of section 1014 (relating to basis of property acquired from a decedent) is amended to read as follows: ``(a) Step up in Basis.-- ``(1) In general.--Except as otherwise provided in this section, the basis of property in the hands of a person acquiring the property from a decedent or to whom the property passed from a decedent shall, if not sold, exchanged, or otherwise disposed of before the decedent's death by such person, be the fair market value of the property at the date of the decedent's death. ``(2) Limitation.--The aggregate fair market value of property which may be taken into account under paragraph (1) shall not exceed the sum of-- ``(A) the aggregate basis of all property described in paragraph (1) in the hands of the decedent, plus ``(B) $2,800,000. ``(3) Allocation of amount.--The executor shall allocate the limitation under paragraph (2)(B) to the extent the aggregate fair market value exceeds the aggregate basis under paragraph (2). ``(4) Inflation adjustment of excepted amounts.--In the case of decedents dying in a calendar year after 2001, the dollar amount in paragraph (2)(B) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting `2000' for `1992' in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of $10,000, such increase shall be rounded to the nearest multiple of $10,000.''. (b) Regulations.--Section 1014 is amended by adding at the end the following new subsection: ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (c) Conforming Amendments.-- (1) Adjustment to basis.--Subsection (a) of section 1016 (relating to adjustments to basis) is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``, and'', and by adding at the end the following: ``(28) to the extent provided in section 1014 (relating to step up in basis of certain property acquired from a decedent).''. (2) The heading for section 1014 is amended by striking ``basis of property'' and inserting ``step up in basis of certain property''. (3) The item relating to section 1014 in the table of sections for part II of subchapter O of chapter 1 is amended by striking ``Basis of property'' and inserting ``Step up in basis of certain property''. (d) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying after the date of the enactment of this Act. SEC. 4. CARRYOVER BASIS FOR CERTAIN PROPERTY ACQUIRED FROM A DECEDENT. (a) General Rule.--Part II of subchapter O of chapter 1 (relating to basis rules of general application) is amended by inserting after section 1021 the following new section: ``SEC. 1022. CARRYOVER BASIS FOR CERTAIN PROPERTY ACQUIRED FROM A DECEDENT. ``(a) Carryover Basis.--Except as otherwise provided in this section, the basis of carryover basis property in the hands of a person acquiring such property from a decedent shall be determined under section 1015. ``(b) Carryover Basis Property Defined.-- ``(1) In general.--For purposes of this section, the term `carryover basis property' means any property-- ``(A) which is acquired from or passed from a decedent who died after the date of the enactment of this section, and ``(B) which is not excluded pursuant to paragraph (2). The property taken into account under subparagraph (A) shall be determined under section 1014(b) without regard to subparagraph (A) of the last sentence of paragraph (9) thereof. ``(2) Certain property not carryover basis property.--The term `carryover basis property' does not include-- ``(A) any item of gross income in respect of a decedent described in section 691, and ``(B) any property for which basis is provided by section 1014.''. (b) Information Returns.-- (1) In general.--Subpart A of part III of subchapter A of chapter 61 (relating to information concerning persons subject to special provisions) is amended by adding after section 6039G the following: ``SEC. 6039H. INFORMATION REGARDING PROPERTY ACQUIRED FROM A DECEDENT. ``Every executor shall furnish the Secretary such information with property to which section 1014 or 1022 applies as the Secretary may by regulations prescribe.''. (2) Conforming amendment.--The table of sections for subpart A of part III of subchapter A of chapter 61 of such Code is amended by adding after the item relating to section 6039G the following: ``Sec. 6039H. Information regarding property acquired from a decedent.''. (c) Miscellaneous Amendments Related To Carryover Basis.-- (1) Capital gain treatment for inherited art work or similar property.-- (A) In general.--Subparagraph (C) of section 1221(a)(3) (defining capital asset) is amended by inserting ``(other than by reason of section 1022)'' after ``is determined''. (B) Coordination with section 170.--Paragraph (1) of section 170(e) (relating to certain contributions of ordinary income and capital gain property) is amended by adding at the end the following: ``For purposes of this paragraph, the determination of whether property is a capital asset shall be made without regard to the exception contained in section 1221(a)(3)(C) for basis determined under section 1022.''. (2) Definition of executor.--Section 7701(a) (relating to definitions) is amended by adding at the end the following: ``(47) Executor.--The term `executor' means the executor or administrator of the decedent, or, if there is no executor or administrator appointed, qualified, and acting within the United States, then any person in actual or constructive possession of any property of the decedent.''. (3) Clerical amendment.--The table of sections for part II of subchapter O of chapter 1 is amended by adding at the end the following new item: ``Sec. 1022. Carryover basis for certain property acquired from a decedent.''. (d) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act.

Estate Tax Elimination Act of 2001 - Amends the Internal Revenue Code to eliminate Federal estate, gift, and transfer taxes. Limits the aggregate step up basis of certain property acquired from a decedent to the aggregate basis of such property plus $2.8 million. Provides for an inflation adjustment.States that the basis for carryover basis property (as defined by this Act) shall be determined under the provision respecting the basis of property acquired by gifts or transfers in trust (section 1015). Describes noncarryover basis property. Directs an executor to provide the Secretary of the Treasury with related information.

A bill to amend the Internal Revenue Code of 1986 to repeal the Federal estate and gift taxes and the tax on generation-skipping transfers, to preserve a step up in basis of certain property acquired from a decedent, and for other purposes.

SECTION 1. TECHNICAL AMENDMENTS TO PUBLIC LAW 114-10. (a) MIPS Transition.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended-- (1) in subsection (q)-- (A) in paragraph (1)-- (i) in subparagraph (B), by striking ``items and services'' and inserting ``covered professional services (as defined in subsection (k)(3)(A))''; and (ii) in subparagraph (C)(iv)-- (I) by amending subclause (I) to read as follows: ``(I) The minimum number (as determined by the Secretary) of-- ``(aa) for performance periods beginning before January 1, 2018, individuals enrolled under this part who are treated by the eligible professional for the performance period involved; and ``(bb) for performance periods beginning on or after January 1, 2018, individuals enrolled under this part who are furnished covered professional services (as defined in subsection (k)(3)(A)) by the eligible professional for the performance period involved.''; (II) in subclause (II), by striking ``items and services'' and inserting ``covered professional services (as defined in subsection (k)(3)(A))''; and (III) by amending subclause (III) to read as follows: ``(III) The minimum amount (as determined by the Secretary) of-- ``(aa) for performance periods beginning before January 1, 2018, allowed charges billed by such professional under this part for such performance period; and ``(bb) for performance periods beginning on or after January 1, 2018, allowed charges for covered professional services (as defined in subsection (k)(3)(A)) billed by such professional for such performance period.''; (B) in paragraph (5)(D)-- (i) in clause (i)(I), by inserting ``subject to clause (iii),'' after ``clauses (i) and (ii) of paragraph (2)(A),''; and (ii) by adding at the end the following new clause: ``(iii) Transition years.--For each of the second, third, fourth, and fifth years for which the MIPS applies to payments, the performance score for the performance category described in paragraph (2)(A)(ii) shall not take into account the improvement of the professional involved.''; (C) in paragraph (5)(E)-- (i) in clause (i)(I)(bb)-- (I) in the heading by striking ``First 2 years'' and inserting ``First 5 years''; and (II) by striking ``the first and second years'' and inserting ``each of the first through fifth years''; and (ii) in clause (i)(II)(bb)-- (I) in the heading, by striking ``2 years'' and inserting ``5 years''; and (II) by striking the second sentence and inserting the following new sentences: ``For each of the second, third, fourth, and fifth years for which the MIPS applies to payments, not less than 10 percent and not more than 30 percent of such score shall be based on performance with respect to the category described in clause (ii) of paragraph (2)(A). Nothing in the previous sentence shall be construed, with respect to a performance period for a year described in the previous sentence, as preventing the Secretary from basing 30 percent of such score for such year with respect to the category described in such clause (ii), if the Secretary determines, based on information posted under subsection (r)(2)(I) that sufficient resource use measures are ready for adoption for use under the performance category under paragraph (2)(A)(ii) for such performance period.''; (D) in paragraph (6)(D)-- (i) in clause (i), in the second sentence, by striking ``Such performance threshold'' and inserting ``Subject to clauses (iii) and (iv), such performance threshold''; (ii) in clause (ii)-- (I) in the first sentence, by inserting ``(beginning with 2019 and ending with 2024)'' after ``for each year of the MIPS''; and (II) in the second sentence, by inserting ``subject to clause (iii),'' after ``For each such year,''; (iii) in clause (iii)-- (I) in the heading, by striking ``2'' and inserting ``5''; and (II) in the first sentence, by striking ``two years'' and inserting ``five years''; and (iv) by adding at the end the following new clause: ``(iv) Additional special rule for third, fourth and fifth years of mips.--For purposes of determining MIPS adjustment factors under subparagraph (A), in addition to the requirements specified in clause (iii), the Secretary shall increase the performance threshold with respect to each of the third, fourth, and fifth years to which the MIPS applies to ensure a gradual and incremental transition to the performance threshold described in clause (i) (as estimated by the Secretary) with respect to the sixth year to which the MIPS applies.''; (E) in paragraph (6)(E)-- (i) by striking ``In the case of items and services'' and inserting ``In the case of covered professional services (as defined in subsection (k)(3)(A))''; and (ii) by striking ``under this part with respect to such items and services'' and inserting ``under this part with respect to such covered professional services''; and (F) in paragraph (7), in the first sentence, by striking ``items and services'' and inserting ``covered professional services (as defined in subsection (k)(3)(A))''; (2) in subsection (r)(2), by adding at the end the following new subparagraph: ``(I) Information.--The Secretary shall, not later than December 31st of each year (beginning with 2018), post on the Internet website of the Centers for Medicare & Medicaid Services information on resource use measures in use under subsection (q), resource use measures under development and the time-frame for such development, potential future resource use measure topics, a description of stakeholder engagement, and the percent of expenditures under part A and this part that are covered by resource use measures.''; and (3) in subsection (s)(5)(B), by striking ``section 1833(z)(2)(C)'' and inserting ``section 1833(z)(3)(D)''. (b) Physician-Focused Payment Model Technical Advisory Committee Provision of Initial Proposal Feedback.--Section 1868(c)(2)(C) of the Social Security Act (42 U.S.C. 1395ee(c)(2)(C)) is amended to read as follows: ``(C) Committee review of models submitted.--The Committee, on a periodic basis-- ``(i) shall review models submitted under subparagraph (B); ``(ii) may provide individuals and stakeholder entities who submitted such models with-- ``(I) initial feedback on such models regarding the extent to which such models meet the criteria described in subparagraph (A); and ``(II) an explanation of the basis for the feedback provided under subclause (I); and ``(iii) shall prepare comments and recommendations regarding whether such models meet the criteria described in subparagraph (A) and submit such comments and recommendations to the Secretary.''.

This bill revises provisions related to performance and payment under Medicare's Merit-based Incentive Payment System.

To amend title XVIII of the Social Security Act to provide for technical amendments to the Merit-based Incentive Payment System under Medicare.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Estate Tax Reduction Act of 2001''. SEC. 2. 20 PERCENT REDUCTION IN ESTATE TAX RATES; REPEAL OF PHASEOUT OF GRADUATED RATES. (a) In General.--Subsection (c) of section 2001 of the Internal Revenue Code of 1986 is amended to read as follows: ``(c) Rate Schedule.-- ``If the amount with respect to The tentative tax is: which the tentative tax is to be computed is: Not over $10,000............... 14.4% of such amount. Over $10,000 but not over $20,000. $1,440, plus 16% of the excess of such amount over $10,000 Over $20,000 but not over $40,000. $3,040, plus 17.6% of the excess of such amount over $20,000 Over $40,000 but not over $60,000. $6,560, plus 19.2% of the excess of such amount over $40,000 Over $60,000 but not over $80,000. $10,400, plus 20.8% of the excess of such amount over $60,000 Over $80,000 but not over $100,000. $14,560, plus 22.4% of the excess of such amount over $80,000 Over $100,000 but not over $150,000. $19,040, plus 24% of the excess of such amount over $100,000 Over $150,000 but not over $250,000. $31,040, plus 25.6% of the excess of such amount over $150,000 Over $250,000 but not over $500,000. $56,640, plus 27.2% of the excess of such amount over $250,000 Over $500,000 but not over $750,000. $124,640, plus 29.6% of the excess of such amount over $500,000 Over $750,000 but not over $1,000,000. $198,640, plus 31.2% of the excess of such amount over $750,000 Over $1,000,000 but not over $1,250,000. $276,640, plus 32.8% of the excess of such amount over $1,000,000 Over $1,250,000 but not over $1,500,000. $358,640, plus 34.4% of the excess of such amount over $1,250,000 Over $1,500,000 but not over $2,000,000. $444,640, plus 36% of the excess of such amount over $1,500,000 Over $2,000,000 but not over $2,500,000. $624,640, plus 39.2% of the excess of such amount over $2,000,000 Over $2,500,000 but not over $3,000,000. $820,640, plus 42.4% of the excess of such amount over $2,500,000 Over $3,000,000................ $1,032,640, plus 44% of the excess of such amount over $3,000,000''. (b) Effective Date.--The amendment made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act. SEC. 3. UNIFIED CREDIT INCREASED TO EQUIVALENT OF $2,500,000 EXCLUSION; INFLATION ADJUSTMENT OF UNIFIED CREDIT. (a) Increase in Unified Credit.-- (1) In general.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended by striking all that follows ``were the applicable exclusion amount'' and inserting ``. For purposes of the preceding sentence, the applicable exclusion amount is $2,500,000.'' (2) Conforming amendment.--Subparagraph (A) of section 2057(a)(3) of such Code is amended by striking ``$625,000'' and inserting ``the excess of the applicable exclusion amount (determined without regard to this paragraph) over $675,000''. (b) 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, and gift made, in a calendar year after 2001, the $2,500,000 amount set forth in subsection (c) shall be increased by an amount equal to-- ``(1) $2,500,000, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2000' 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, and gifts made, after the date of the enactment of this Act.

Estate Tax Reduction Act of 2001 - Amends the Internal Revenue Code to: (1) reduce estate tax rates; (2) repeal the phaseout of graduated rates; and (3) increase the unified credit to $2.5 million, with an inflation adjustment.

To amend the Internal Revenue Code of 1986 to reduce estate tax rates by 20 percent, to increase the unified credit against estate and gift taxes to the equivalent of a $2,500,000 exclusion and to provide an inflation adjustment of such amount, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public and Federally Assisted Housing Security Act of 1994''. SEC. 2. DEFINITION OF ``FIREARM-RELATED CRIMINAL ACTIVITY''. Section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)) is amended by adding at the end the following new paragraphs: ``(13) The term `firearm-related criminal activity' means any activity-- ``(A) that violates any Federal criminal law relating to manufacture, sale, transfer, use, or possession of a firearm; ``(B) that violates any State law under which the manufacture, sale, transfer, use, or possession of an article that is a firearm is punishable as a criminal offense; or ``(C)(i) that violates any Federal or State criminal law, and (ii) in which a firearm is used or intended to be used. ``(14) The term `firearm' has the meaning given the term in section 921 of title 18, United States Code.''. SEC. 3. TERMINATION OF TENANCY IN PUBLIC HOUSING FOR FIREARM-RELATED CRIMINAL ACTIVITY. Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d) is amended-- (1) in subsection (c)(4)(A)-- (A) in clause (iii), by striking ``and'' at the end; (B) by redesignating clause (iv) as clause (v); and (C) by inserting after clause (iii) the following new clause: ``(iv) prohibit any individual or family evicted from housing assisted under this Act by reason of firearm-related criminal activity from having a preference under any provision of this subparagraph for 3 years, except that the agency may waive the application of this clause under standards established by the Secretary (which shall include waiver for any member of a family of an individual prohibited from tenancy under this clause who the agency determines clearly did not participate in and had no knowledge of such criminal activity or when circumstances leading to eviction no longer exist); and''; (2) in subsection (k), in the matter following paragraph (6), by striking ``drug- related'' and inserting ``drug- or firearm-related''; (3) in subsection (l)(5), by striking ``drug-related'' and inserting ``drug- or firearm-related''; and (4) in subsection (n), by inserting ``and firearm-related criminal activity'' after ``drug-related criminal activity''. SEC. 4. TERMINATION OF TENANCY IN SECTION 8 HOUSING FOR FIREARM-RELATED CRIMINAL ACTIVITY. Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended as follows: (1) Certificate program.--In subsection (d)(1)-- (A) in subparagraph (A)-- (i) in clause (ii), by striking ``and'' at the end; (ii) in clause (iii), by inserting ``and'' after the semicolon at the end; and (iii) by inserting after clause (iii) the following new clause: ``(iv) prohibit any individual or family evicted from housing assisted under this Act by reason of firearm-related criminal activity from having a preference under any provision of this subparagraph for 3 years, except that the agency may waive the application of this clause under standards established by the Secretary (which shall include waiver for any member of a family of an individual prohibited from tenancy under this clause who the agency determines clearly did not participate in and had no knowledge of such criminal activity or when circumstances leading to eviction no longer exist);''; and (B) in subparagraph (B)(iii), by striking ``drug- related'' and inserting ``drug- or firearm-related''. (2) Voucher program.--In subsection (o)(3), by adding at the end the following new sentence: ``Any individual or family evicted from housing assisted under this Act by reason of firearm-related criminal activity shall not be eligible for a preference under any provision of this subparagraph for 3 years, except that the agency may waive the application of this clause under standards established by the Secretary (which shall include waiver for any member of a family of an individual prohibited from tenancy under this clause who the agency determines clearly did not participate in and had no knowledge of such criminal activity or when circumstances leading to eviction no longer exist).''.

Public and Federally Assisted Housing Security Act of 1994 - Amends the United States Housing Act of 1937 to terminate public housing and assisted housing tenancy for persons involved in firearm-related criminal activity.

Public and Federally Assisted Housing Security Act of 1994

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Rental Fairness Act of 2000''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. General fairness and responsibility rule. Sec. 5. Preservation of State law. Sec. 6. Preservation of liability based on negligence. Sec. 7. Applicability and effective date. SEC. 2. FINDINGS AND PURPOSES. The Congress finds that-- (1) The vast majority of State statutes and common law follow the generally accepted principle of law that a party should be held liable only for harm that the party could guard against. (2) A small number of State common laws and statutes still do not recognize this accepted principle of law, and continue to subject companies that rent or lease motor vehicles to vicarious liability for the negligence of their rental customers in operating the motor vehicle simply because of the company's ownership, even where the rental company has not been negligent in any way and the motor vehicle operated properly. (3) An even smaller minority of State laws impose unlimited liability on the companies for the tortious acts of their customers, without regard to fault. (4) These small number of vicarious liability laws pose a significant competitive barrier to entry for smaller companies attempting to compete in these markets, in contravention of the fundamental legal principle of fairness prohibiting liability without fault. (5) Furthermore, because rented or leased motor vehicles are frequently driven across State lines, these small number of vicarious liability laws impose a disproportionate and undue burden on interstate commerce by increasing rental rates for all customers across the nation. (6) Due to high liability costs and unwarranted litigation costs, consumers face higher vehicle rental costs in all States because of the increased insurance expenses required to provide coverage in the interstate insurance and rental markets. (7) Rental fairness will lessen burdens on interstate commerce and decrease litigiousness. (8) Legislation to address these concerns is an appropriate exercise of the powers of Congress under clauses 3, 9, and 18 of section 8 of article I of the Constitution of the United States, and the 14th amendment to the Constitution of the United States. SEC. 3. DEFINITIONS. For the purpose of this Act-- (1) Harm.--The term ``harm'' means-- (A) any injury to or damage suffered by a person; (B) any illness, disease, or death of that person resulting from that injury or damage; and (C) any loss to that person or any other person resulting from that injury or damage. (2) Motor Vehicle.--The term ``motor vehicle'' shall have the meaning given to this term under section 13102(14) of title 49, United States Code. (3) Owner.--The term ``owner'' means a person who is-- (A) a record or beneficial owner or lessee of a motor vehicle; (B) entitled to the use and possession of a motor vehicle subject to a security interest in another person; or (C) a lessee or bailee of a motor vehicle, in the trade or business of renting or leasing motor vehicles, having the use or possession thereof, under a lease, bailment, or otherwise. (4) Person.--The term ``person'' means any individual, corporation, company, limited liability company, trust, association, firm, partnership, society, joint stock company, or any other entity (including any governmental entity). (5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, commonwealth, territory, or possession. SEC. 4. GENERAL FAIRNESS AND RESPONSIBILITY RULE. (a) In General.--No owner engaged in the trade or business of renting or leasing motor vehicles may be held liable for harm caused by a person to himself or herself, to another person, or to property, which results or arises from that person's use, operation, or possession of a rented or leased motor vehicle, by reason of being the owner of such motor vehicle, except to the extent of any required financial responsibility statute. (b) Construction.--Subsection (a) shall not apply if such owner does not maintain the required limits of financial responsibility for such vehicle, as required by State law. SEC. 5. PRESERVATION OF STATE LAW. (a) State Financial Responsibility Requirements.--Nothing in this Act shall relieve any owner engaged in the trade or business of renting or leasing motor vehicles from the obligation to comply with a State's minimum financial responsibility, motor vehicle, or insurance statutes or regulations imposed by that State for the privilege of registering and operating a motor vehicle within that State. (b) Priority of Payments.--Nothing in this Act shall preempt any State law regarding priority of payment requirements or whether coverages provided under such statutes or regulations are primary or secondary. SEC. 6. PRESERVATION OF LIABILITY BASED ON NEGLIGENCE. Nothing in this Act shall preempt the ability of the States to impose liability based on acts of negligence or criminal wrongdoing. SEC. 7. APPLICABILITY AND EFFECTIVE DATE. Notwithstanding any other provision of law, this Act shall apply with respect to any action commenced on or after the date of enactment of this Act without regard to whether the harm that is the subject of the action or the conduct that caused the harm occurred before such date of enactment.

Declares that nothing in this Act preempts a State's ability to impose liability based on acts of negligence or criminal wrongdoing.

Rental Fairness Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Yukon River Salmon Act of 1999''. SEC. 2. YUKON RIVER SALMON PANEL. (a) Establishment.-- (1) In general.--There shall be a Yukon River Salmon Panel (in this Act referred to as the ``Panel''). (2) Functions.--The Panel shall-- (A) advise the Secretary of State regarding the negotiation of any international agreement with Canada relating to management of salmon stocks originating from the Yukon River in Canada; (B) advise the Secretary of the Interior regarding restoration and enhancement of such salmon stocks; and (C) perform other functions relating to conservation and management of such salmon stocks as authorized by this or any other Act. (3) Designation as united states representatives on bilateral body.--The Secretary of State may designate the members of the Panel to be the United States representatives on any successor to the panel established by the interim agreement for the conservation of salmon stocks originating from the Yukon River in Canada agreed to through an exchange of notes between the Government of the United States and the Government of Canada on February 3, 1995, if authorized by any agreement establishing such successor. (b) Membership.-- (1) In general.--The Panel shall be comprised of six members, as follows: (A) One member who is an official of the United States Government with expertise in salmon conservation and management, who shall be appointed by the Secretary of State. (B) One member who is an official of the State of Alaska with expertise in salmon conservation and management, who shall be appointed by the Governor of Alaska. (C) Four members who are knowledgeable and experienced with regard to the salmon fisheries on the Yukon River, who shall be appointed by the Secretary of State in accordance with paragraph (2). (2) Appointees from alaska.--(A) The Secretary of State shall appoint the members under paragraph (1)(C) from a list of at least 3 individuals nominated for each position by the Governor of Alaska. (B) In making the nominations, the Governor of Alaska may consider suggestions for nominations provided by organizations with expertise in Yukon River salmon fisheries. (C) The Governor of Alaska may make appropriate nominations to allow for appointment of, and the Secretary of State shall appoint, under paragraph (1)(C)-- (i) at least one member who is qualified to represent the interests of Lower Yukon River fishing districts; and (ii) at least one member who is qualified to represent the interests of Upper Yukon River fishing districts. (D) At least one of the members appointed under paragraph (1)(C) shall be an Alaska Native. (3) Alternates.--(A) The Secretary of State may designate an alternate Panel member for each Panel member the Secretary appoints under paragraphs (1) (A) and (C), who meets the same qualifications, to serve in the absence of the Panel member. (B) The Governor of the State of Alaska may designate an alternative Panel member for the Panel member appointed under subsection (b)(1)(B), who meets the same qualifications, to serve in the absence of that Panel member. (c) Term Length.--Panel members and alternate Panel members shall serve four-year terms. Any individual appointed to fill a vacancy occurring before the expiration of any term shall be appointed for the remainder of that term. (d) Reappointment.--Panel members and alternate Panel members shall be eligible for reappointment. (e) Decisions.--Decisions of the Panel shall be made by the consensus of the Panel members appointed under subparagraphs (B) and (C) of subsection (b)(1). (f) Consultation.--In carrying out their functions, Panel members may consult with such other interested parties as they consider appropriate. SEC. 3. ADVISORY COMMITTEE. (a) Appointments.--The Governor of Alaska may establish and appoint an advisory committee of not less than 8, but not more than 12, individuals who are knowledgeable and experienced with regard to the salmon fisheries on the Yukon River. At least 2 of the advisory committee members shall be Alaska Natives. Members of the advisory committee may attend all meetings of the Panel, and shall be given the opportunity to examine and be heard on any matter under consideration by the Panel. (b) Compensation.--The members of such advisory committee shall receive no compensation for their services. (c) Term Length.--Members of such advisory committee shall serve two-year terms. Any individual appointed to fill a vacancy occurring before the expiration of any term shall be appointed for the remainder of that term. (d) Reappointment.--Members of such advisory committee shall be eligible for reappointment. SEC. 4. EXEMPTION. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Panel or to an advisory committee established under section 3. SEC. 5. AUTHORITY AND RESPONSIBILITY. (a) Responsible Management Entity.--The State of Alaska Department of Fish and Game shall be the responsible management entity for the United States for the purposes of any agreement with Canada regarding management of salmon stocks originating from the Yukon River in Canada. (b) Effect of Designation.--The designation under subsection (a) shall not be considered to expand, diminish, or otherwise change the management authority of the State of Alaska or the Federal Government with respect to fishery resources. (c) Recommendations of Panel.--In addition to recommendations made by the Panel to the responsible management entities in accordance with any agreement with Canada regarding management of salmon stocks originating from the Yukon River in Canada, the Panel may make recommendations concerning the conservation and management of salmon originating in the Yukon River to the Department of the Interior, the Department of Commerce, the Department of State, the North Pacific Fishery Management Council, and other Federal or State entities as appropriate. Recommendations by the Panel shall be advisory in nature. SEC. 6. ADMINISTRATIVE MATTERS. (a) Compensation.--Panel members and alternate Panel members who are not State or Federal employees shall receive compensation at the daily rate of GS-15 of the General Schedule when engaged in the actual performance of duties. (b) Travel and Other Necessary Expenses.--Travel and other necessary expenses shall be paid by the Secretary of the Interior for all Panel members, alternate Panel members, and members of any advisory committee established under section 3 when engaged in the actual performance of duties. (c) Treatment as Federal Employees.--Except for officials of the United States Government, all Panel members, alternate Panel members, and members of any advisory committee established under section 3 shall not be considered to be Federal employees while engaged in the actual performance of duties, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code, and chapter 71 of title 28, United States Code. SEC. 7. YUKON RIVER SALMON STOCK RESTORATION AND ENHANCEMENT PROJECTS. (a) In General.--The Secretary of the Interior, in consultation with the Secretary of Commerce, may carry out projects to restore or enhance salmon stocks originating from the Yukon River in Canada and the United States. (b) Cooperation With Canada.--If there is in effect an agreement between the Government of the United States and the Government of Canada for the conservation of salmon stocks originating from the Yukon River in Canada that includes provisions governing projects authorized under this section, then-- (1) projects under this section shall be carried out in accordance with that agreement; and (2) amounts available for projects under this section-- (A) shall be expended in accordance with the agreement; and (B) may be deposited in any joint account established by the agreement to fund such projects. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of the Interior to carry out this Act $4,000,000 for each of fiscal years 2000, 2001, 2002, and 2003, of which-- (1) such sums as are necessary shall be available each fiscal year for travel expenses of Panel members, alternate Panel members, United States members of the Joint Technical Committee established by paragraph C.2 of the memorandum of understanding concerning the Pacific Salmon Treaty between the Government of the United States and the Government of Canada (recorded January 28, 1985), and members of an advisory committee established and appointed under section 3, in accordance with Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code; (2) such sums as are necessary shall be available for the United States share of expenses incurred by the Joint Technical Committee and any panel established by any agreement between the Government of the United States and the Government of Canada for restoration and enhancement of salmon originating in Canada; (3) up to $3,000,000 shall be available each fiscal year for activities by the Department of the Interior and the Department of Commerce for survey, restoration, and enhancement activities related to salmon stocks originating from the Yukon River in Canada, of which up to $1,200,000 shall be available each fiscal year for Yukon River salmon stock restoration and enhancement projects under section 7(b); and (4) $600,000 shall be available each fiscal year for cooperative salmon research and management projects in the portion of the Yukon River drainage located in the United States that are recommended by the Panel.

Yukon River Salmon Act of 1999 - Establishes the Yukon River Salmon Panel. Includes among its duties: (1) advising the Secretary of State on the negotiation of any international agreement with Canada regarding management of salmon stocks originating from the Yukon River in Canada; and (2) advising the Secretary of the Interior on restoration and enhancement of those stocks. Authorizes the Secretary of State to designate Panel members to be the U.S. representatives on any successor to the panel established by a specified interim agreement between the United States and Canada for the conservation of those stocks, if authorized by any agreement establishing the successor. (Sec. 3) Authorizes the Governor of Alaska to establish and appoint an advisory committee of individuals knowledgeable regarding the Yukon River salmon fisheries. Allows committee members to attend all Panel meetings and requires that they be given the opportunity to examine and be heard on any Panel matter. (Sec. 5) Makes the State of Alaska Department of Fish and Game the responsible U.S. management entity for the purposes of any related agreement with Canada. (Sec. 7) Authorizes the Secretary of the Interior to carry out projects to restore or enhance salmon stocks originating from the Yukon River in Canada. (Sec. 8) Authorizes appropriations.

Yukon River Salmon Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Firearms License Reform Act of 1993''. SEC. 2. PREVENTION OF THEFT OF FIREARMS. (a) Prohibition Against Labelling of Containers Containing Firearms.--Section 922(e) of title 18, United States Code, is amended-- (1) by inserting ``(1)'' after ``(e)''; and (2) by adding at the end the following: ``(2) It shall be unlawful for any common or contract carrier to require or cause to be placed on the outside of any package, luggage, or other container any label, tag, or other written notice that the package, luggage, or other container contains a firearm.''. (b) Duty To Obtain Written Acknowledgement of Receipt of Containers Containing Firearms.--Section 922(f) of such title is amended-- (1) by inserting ``(1)'' after ``(f)''; and (2) by adding at the end the following: ``(2) It shall be unlawful for any common or contract carrier to deliver in interstate or foreign commerce any firearm without obtaining written acknowledgement of receipt of the firearm from the recipient of the firearm.''. (c) Personal Transfer of Firearms Between Licensees Outside Their Business Premises.--Section 923(c) of such title is amended by inserting after the 1st sentence the following: ``Notwithstanding any other provision of this chapter, a person licensed under this section may, in person, transfer or deliver firearms to, and receive firearms from, another such person at any location without regard to the State specified on the license.''. (d) Prohibition Against Stealing Firearms From Certain Licensees.-- (1) Prohibition.--Section 922 of such title is amended by adding at the end the following: ``(s) It shall be unlawful for a person to steal, unlawfully convert, or take by fraud from the person or the premises of a licensed importer, licensed manufacturer, or licensed dealer any firearm in the business inventory of the licensee which has been shipped or transported in interstate or foreign commerce.''. (2) Penalties.--Section 924 of such title is amended by adding at the end the following: ``(i)(1) Whoever knowingly violates section 922(s) shall be fined not more than $10,000, imprisoned not more than 10 years, or both. ``(2) Whoever, during and in relation to a robbery (as defined in section 1951(b)(1)) or riot (as defined in section 2102(a)), knowingly violates section 922(s) shall be sentenced to imprisonment for 30 years, or, if a death results, to life imprisonment without release or to death.''. SEC. 3. 3-YEAR LICENSE TO DEAL IN FIREARMS; INCREASE IN APPLICATION FEE. Section 923(a)(3) of title 18, United States Code, is amended-- (1) in subparagraph (B)-- (A) by striking ``who is a pawnbroker dealing''; and (B) by striking ``$25 per year; or'' and inserting ``$150 for an original license for 3 years, or $75 for the renewal of a license for 3 years.''; and (2) by striking subparagraph (C). SEC. 4. FEDERAL FIREARMS LICENSEES REQUIRED TO REPORT THEFT OF FIREARMS FROM THE INVENTORY OR COLLECTION OF THE LICENSEE. Section 923(g) of title 18, United States Code, is amended by adding at the end the following: ``(6)(A) Within 5 business days after a person licensed under this section discovers the theft of a firearm from the inventory or collection of the licensee, the licensee shall report the theft to the chief law enforcement officer of the place of business of the licensee. ``(B) For purposes of subparagraph (A), the term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer, or the designee of any such individual.''. SEC. 5. RESPONSES TO REQUESTS FOR INFORMATION. Section 923(g) of title 18, United States Code, as amended by section 4 of this Act, is amended by adding at the end the following: ``(7) Not later than 5 business days after a licensee receives from the Secretary a written or in-person request therefor, the licensee shall provide the Secretary with such information contained in the records required to be kept by the licensee under this chapter as may be required for determining the disposition of 1 or more firearms. The licensee shall provide the information orally or in writing, as the Secretary may require.''. SEC. 6. EXPANDED DEFINITION OF CURIOS OR RELICS. (a) In General.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(29) The term `curios or relics' means firearms so designated by the Secretary by regulation, and firearms manufactured in or before the calendar year 1946 acquired for a personal collection and not as business inventory or for resale for livelihood and profit.''. (b) Conforming Amendment.--Section 921(a)(13) of such title is amended by striking ``as the Secretary shall by regulation define,''. SEC. 7. EXPANDED DEFINITION OF ANTIQUE FIREARMS. Section 921(a)(16)(A) of title 18, United States Code, is amended by striking ``1898'' and inserting ``1918''. SEC. 8. APPLICANT FOR FEDERAL FIREARMS LICENSE REQUIRED TO NOTIFY LOCAL LAW ENFORCEMENT AUTHORITIES OF INTENTION TO APPLY FOR THE LICENSE. Section 923(d)(1)(E) of title 18, United States Code, is amended by inserting before the comma the following: ``and the applicant has certified on the application that the applicant has sent or delivered notice, on a form prescribed by the Secretary, to the chief law enforcement officer (as defined in subsection (g)(6)(B)) of the locality in which the premises are located, that the applicant intends to apply for a Federal firearms license''. SEC. 9. PROVISION TO LICENSEES OF RULES GOVERNING FIREARMS. Section 926 of title 18, United States Code, is amended-- (1) by inserting at the end of subsection (b) the following: ``No such rule or regulation shall be effective until 30 days after a copy thereof has been provided to all persons licensed under this chapter.''; and (2) by adding at the end the following: ``(d)(1)(A) Upon the effective date of this subsection, the Secretary shall publish and provide to all licensees a compilation of the State laws and published ordinances which are relevant to compliance with this chapter. ``(B) Each year thereafter, the Secretary shall publish and provide to licensees all amendments to such State laws and published ordinances. ``(2) If the Secretary fails to provide to a licensee the information required to be provided under this subsection, then, in any proceeding for the revocation of the license or any criminal prosecution of the licensee under this chapter, the licensee shall be rebuttably presumed to have had no knowledge of any State law or published ordinance that is relevant to the revocation proceeding or criminal prosecution. ``(e)(1) The Secretary shall provide a copy of all regulations prescribed and official rulings made under this chapter, and all regulations prescribed and official rulings made under chapter 53 of the Internal Revenue Code of 1986, to each person licensed under this chapter-- ``(A) in the case of a person who became so licensed before the effective date of this subsection, as soon as is practicable after such effective date; or ``(B) in the case of a person who becomes so licensed after such effective date, upon the issuance of the license. ``(2) Not less frequently than quarterly, the Secretary shall provide to each person licensed under this chapter a copy of all changes in the regulations, and all new rulings, referred to in paragraph (1) since the most recent provision of information to the person under this subsection. ``(f) The Secretary shall publish and provide to each person licensed under this chapter, at such times as the Secretary shall deem necessary, the name and license number of any person whose license under this chapter has been revoked.''. SEC. 10. REGISTRATION TO REQUIRE PHOTOGRAPH AND FINGERPRINTS. Section 5802 of the National Firearms Act is amended by inserting after the 1st sentence the following: ``An individual required to register under this section shall at the time of such registration, provide a photograph and fingerprints of the individual obtained from law enforcement authorities.''. SEC. 11. ATTORNEY'S FEE PAYABLE IN CASES OF UNAUTHORIZED DENIAL OR REVOCATION OF LICENSE. Section 923(f)(3) of title 18, United States Code, is amended by inserting ``, and shall award the prevailing party, other than the United States, a reasonable attorney's fee for which the United States shall be liable'' before the period.

Federal Firearms License Reform Act of 1993 - Amends the Federal criminal code to prohibit a common or contract carrier from: (1) requiring or causing to be placed on the outside of any package, luggage, or other container any label, tag, or other written notice that the container contains a firearm; and (2) delivering a firearm in interstate or foreign commerce without obtaining written acknowledgement of receipt of the firearm from the recipient. Permits the personal transfer of firearms between licensees outside their business premises. Prohibits and sets penalties for: (1) stealing, unlawfully converting, or taking by fraud from a licensed importer, manufacturer, or dealer any firearm in the business inventory of the licensee which has been shipped or transported in interstate or foreign commerce; and (2) knowingly violating such provision during and in relation to a robbery or riot (in which case, if death results, such violator shall be subject to life imprisonment without release or to death). Revises firearms licensing provisions to provide for a three-year license to deal in firearms and an increase in the application fee. Requires Federal firearms licensees to: (1) report the theft of firearms within five business days of discovery; and (2) respond within five days to requests from the Secretary of the Treasury for information contained in required records regarding disposition of a firearm. Expands the definitions of "curios or relics" and "antique firearm." Requires: (1) Federal firearms license applicants to notify local law enforcement authorities of the intention to apply for such license; and (2) the Secretary to publish and provide to all licensees a compilation of relevant State laws and published ordinances, and periodically provide a copy of all changes in regulations and new rulings. Amends: (1) the National Firearms Act to require importers, manufacturers, and dealers in firearms who register pursuant to such Act to provide a photograph and fingerprints at the time of registration; and (2) the Federal criminal code to authorize the award of attorney fees in cases of unauthorized denial or revocation of a firearms license.

Federal Firearms License Reform Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Accountability in Security Contracting Act''. SEC. 2. REQUIREMENTS RELATING TO PERSONNEL PERFORMING PRIVATE SECURITY FUNCTIONS UNDER FEDERAL CONTRACTS. (a) Accountability Requirements for Personnel Performing Private Security Functions Under Federal Contracts.-- (1) Requirement to provide certain information about personnel performing private security functions.--Each covered contract shall require the contractor to provide to the contracting officer for the contract, not later than 5 days after award of the contract, the following information regarding private security functions performed under the contract: (A) Number of persons to be used to perform such functions. (B) A description of how such persons are trained to carry out tasks specified under the contract relating to such functions. (C) A description of each category of activity relating to such functions required by the contract. (2) Updates of information.--The information provided under paragraph (1) shall be updated during contract performance as necessary. (3) Safeguarding information.--The head of each agency awarding a covered contract shall take such actions as are necessary to protect any information provided under paragraph (1) that is a trade secret, or commercial or financial information, from disclosure to persons outside the Government. (4) Accounting.--Each covered contract shall include the following requirements: (A) Upon award of the contract, the contractor shall provide cost estimates of salary, benefits, insurance, materials, logistics, travel, administrative costs, and other costs of carrying out private security functions under the contract. (B) Before contract closeout (other than closeout of a firm, fixed price contract), the contractor shall provide a report on the actual costs of carrying out private security functions under the contract, in the same categories as provided under subparagraph (A). (5) Casualty reporting.--Each covered contract shall require full reporting to the contracting officer for the contract by the contractor of all personnel casualties in carrying out the contract. (6) Oversight.--Before a covered contract is awarded, the head of the agency awarding the contract shall ensure that sufficient resources are available to enable contracting officers of the agency to perform oversight of the performance of the contract. (7) Waiver authority.-- (A) The head of the agency awarding a covered contract may waive a requirement of this section with respect to a contract in an emergency or exceptional situation, as determined by the head of the agency. Any such waiver shall be limited to the requirements that are impossible or impracticable to implement because of the emergency or exceptional situation. In any case in which the head of an agency waives a requirement under this section with respect to a contract, the agency head shall submit to the congressional committees listed in subparagraph (B) a report, within 30 days after the date of the waiver, that describes the contract, the waiver, the emergency or exceptional situation that justified the waiver, and a plan for bringing the contract into compliance with the waived requirements as soon as possible or an explanation of why the waiver needs to be permanent. (B) The congressional committees referred to in subparagraph (A) are the following: (i) The Committees on Appropriations, Armed Services, Government Reform, and International Relations of the House of Representatives. (ii) The Committees on Appropriations, Armed Services, Homeland Security and Governmental Affairs, and Foreign Relations of the Senate. (b) Hiring, Training, and Equipment Standards Relating to Private Security Contractors.-- (1) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall prescribe in regulations minimum standards (appropriate for each department or agency) for the persons that covered contractors may hire for the performance of private security functions under the contract, and minimum standards for the training of such persons, including the level of training and any certifications required. The standards may vary based on the duties of personnel, but must address past criminal activity, security clearance requirements, and other issues that either Secretary or the Administrator determines may lead to security or performance concerns. (2) Guidance for equipment.--The Secretary of Defense, the Secretary of State, and the Administrator for the United States Agency for International Development shall issue guidance (appropriate for each department or agency) on equipment used for private security functions under covered contracts with the department or agency concerned, including appropriate levels of body armor and equipment armor, and a recommended list of re- armorers and weapons and armor manufacturers for complying with such guidelines. (3) Consultation with secretary of defense.--The Secretary of State and the Administrator of the United States Agency for International Development shall consult with the Secretary of Defense in developing regulations and guidance under this subsection. (c) Report on Cost Analysis Relating to Equipment.--Not later than six months after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, shall submit to Congress a report containing-- (1) an analysis of the costs to the Federal Government of purchasing equipment to supply to contractors to carry out private security functions under covered contracts in comparison to the costs to the Federal Government of reimbursing contractors for equipment purchased by the contractors to carry out such functions; and (2) such findings and recommendations as the Secretary considers appropriate. (d) Definitions.--In this section: (1) Covered contract.--The term ``covered contract'' means-- (A) a prime contract with the Department of Defense, the Department of State, or the United States Agency for International Development; (B) a subcontract at any tier under any prime contract with a department or agency referred to in subparagraph (A); or (C) a task order issued under a task or delivery order contract entered into by a department or agency referred to in subparagraph (A); if the work to be performed under the contract, subcontract, or task order includes private security functions to be performed outside the United States. (2) Private security functions.--The term ``private security functions'', with respect to a covered contract, means-- (A) any activities for which personnel are allowed to carry weapons in the performance of the contract; or (B) the performance of any of the following: (i) Military logistics and maintenance. (ii) Interrogation of prisoners. (iii) Convoy security. (iv) Guarding vital facilities and personnel. (v) Tactical security work. (vi) Local force training. (e) Effective Date.--This section shall apply to covered contracts entered into on or after the date occurring 60 days after the date of the enactment of this Act.

Transparency and Accountability in Security Contracting Act - Directs that each "covered contract" (i.e., a contract entered into by the government with a private security contractor, or a task order issued under the contract) require contractors to provide the contracting officer with information at the time the contract is awarded and to update the information during contract performance regarding: (1) the number of persons being used to perform contract functions; (2) training of personnel; and (3) categories of activity required by the contract. Directs the contractor to provide: (1) pre-contract cost estimates of salary, insurance, materials, logistics, travel, administrative costs, and other contract costs; (2) before contract closeout, a report on the actual costs; and (3) casualty information. Sets forth oversight and emergency waiver authority provisions. Directs the Secretary of Defense (DOD), the Secretary of State, and the Administrator for the United States Agency for International Development (USAID) with respect to such contracts to: (1) prescribe minimum hiring standards, including criminal activity or security clearance information requirements, and (2) issue equipment guidance.

To require accountability for personnel performing private security functions under Federal contracts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Health Education and Transparency Act of 2008''. SEC. 2. OFFICE OF CONSUMER HEALTH EDUCATION AND INFORMATION. (a) Establishment.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall establish within the Department of Health and Human Services an office to be known as the ``Office of Consumer Health Education and Information'' (referred to in this Act as the ``Office'') to provide consumers of health care services and health insurance with information, through education and outreach, concerning personal health and wellness and health insurance coverage. (b) Director.--The Office shall be headed by a Director who shall be appointed by the Secretary, (c) Duties.--The Office shall-- (1) collect and organize personal health and wellness information from private and public sources and disseminate such information to members of the general public to improve personal health awareness and behaviors; (2) collect and organize information on available health insurance options and consumer health insurance protections in each of the 50 States and United States territories and disseminate such information to the general public through the Internet website established under paragraph (8) and the Federal Citizen Information Center hotline established under paragraph (5); (3) coordinate the public health education and outreach efforts of organizations and offices within the Department of Health and Human Services, including the Centers for Medicare & Medicaid Services, the Health Resources and Services Administration, the National Institutes of Health, the Centers for Disease Control and Prevention, and the Administration on Aging, to increase the effectiveness of such efforts; (4) enter into interagency agreements with the Federal Trade Commission, the Department of Labor, and other Federal agencies determined appropriate by the Secretary to facilitate the coordination of personal health and wellness or health insurance information provided to consumers; (5) enter into an interagency agreement with the General Services Administration to operate directly or indirectly, through grant or contract, a 24-hour, toll-free telephone hotline at the Federal Citizen Information Center to provide consumer information regarding health insurance and personal health and wellness behaviors as well as direct consumers to geographically appropriate resources; (6) identify and develop methods to increase the quality and amount of information available to consumers regarding the cost, quality, and availability of health care services and health insurance plans; (7) develop partnership agreements with public and private organizations to improve the education of the general public regarding personal health and wellness and health insurance; (8) develop and maintain a consumer education Internet website to provide information concerning personal health and wellness and health insurance; and (9) develop and disseminate relevant information for employers purchasing health insurance coverage for employees and their families. (d) Annual Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that includes-- (1) a detailed review of the Office's activities, operations, and achievements during the year for which the report is being prepared; (2) a description of the Office's goals for the year following the year for which the report is being prepared and a strategic plan for the operation and activities of the Office to achieve such goals; and (3) a detailed request for additional appropriations needed for the implementation of such plan, as appropriate. (e) Authorization of Appropriations.--There is authorized to be appropriated, such sums as may be necessary to carry out this section. SEC. 3. DEVELOPMENT AND UTILIZATION OF UNIFORM SUMMARY OF BENEFITS EXPLANATION. (a) In General.--The Secretary shall request the National Association of Insurance Commissioners (referred to as the ``NAIC'') to develop, and submit to the Secretary not later than 12 months after the date of enactment of this Act, standards for use by health insurance issuers in compiling and providing to enrollees a summary of benefits explanation that accurately represents the benefits and coverage provided by the issuer under the applicable health insurance plan. In developing such standards, the NAIC shall consult with a working group composed of representatives of health insurance-related consumer advocacy organizations, issuers of health insurance plans, and other qualified individuals. (b) Requirements.--The standards for the summary of benefits explanation developed under subsection (a) shall provide for the following: (1) Appearance.--The standards shall ensure that the summary is presented in a uniform format that does not exceed 4 pages in length and does not include print smaller than 12- point font. (2) Language.--The standards shall ensure that the language used in the summary is presented in a manner determined to be understandable by the average health plan enrollee. (3) Contents.--The standards shall ensure that the summary includes-- (A) information determined to be essential to a consumer's understanding of the applicable health insurance plan benefits; (B) uniform definitions of standard insurance terms; (C) examples to illustrate common benefits scenarios; and (D) illustrations that enhance consumer understanding of the explanation. (c) Regulations.-- (1) Submission.--If, not later than 12 months after the date of enactment of this Act, the NAIC submits to the Secretary the standards provided for under subsection (a), the Secretary shall, not later than 60 days after the date on which such standards are submitted, promulgate regulations to apply such standards to entities described in subsection (c)(2). (2) Failure to submit.--If the NAIC fails to submit to the Secretary the standards under subsection (a) within the 12- month period provided for in paragraph (1), the Secretary shall, not later than 90 days after the expiration of such 12- month period, promulgate regulations providing for the application of Federal standards for the summary of benefit explantion to entities described in subsection (d)(2). (d) Requirement To Provide.-- (1) In general.--Not later than 24 months after the date of enactment of the Act, each entity described in paragraph (2) shall, prior to the effective date of any health insurance coverage provided by the entity to an individual, provide to such individual a summary of benefits explanation pursuant to the standards promulgated by the Secretary under subsection (c). (2) Entities.-- (A) In general.--An entity is described in this paragraph is-- (i) a health insurance issuer (including a group health plan) offering health insurance coverage within the United States (including carriers under the Federal Employee Health Benefits Program under chapter 89 of title 5, United States Code); (ii) the Secretary with respect to coverage under the Medicare, Medicaid, and SCHIP programs under titles XVIII, XIX, and XXI of the Social Security Act (42 U.S.C. 1395, 1396, 1397aa et seq.); (iii) the Secretary of Veterans Affairs with respect to coverage provided through the Department of Veterans Affairs; and (iv) the Secretary of Defense with respect to military health program coverage under chapter 55 of title 10, United States Code, including under the TRICARE program (as defined in section 1072(7) of such title). (B) Limitation.--An entity described in the paragraph shall not include a self-funded group health plan to which the Employee Retirement Income Security Act of 1974 applies. (e) Preemption.--The standards promulgated under subsection (c) shall preempt any related State standards that require summary of benefits health plan explanations that provide less information to consumers, as determined by the Secretary. (f) Failure To Provide.--An entity described in subsection (d)(2) that willfully fails to provide the information required under this section shall be subject to a fine of not more than $1,000 for each such failure. Such failure with respect to each enrollee shall constitute a separate offense for purposes of this subsection. SEC. 4. CONSUMER HEALTH EDUCATION AND OUTREACH INITIATIVE. (a) Establishment.--Not later than 12 months after the date of enactment of this Act, the Secretary, acting through the Director of the Office, shall establish and implement a consumer health education and outreach initiative through the use of print, Internet, television, and radio media. (b) Required Information.--The initiative established under subsection (a) shall provide consumers with information concerning the following: (1) The importance of adopting responsible personal health and wellness behaviors. (2) The important role of health insurance coverage in maintaining personal health and wellness behaviors. (3) The impact of individuals without health insurance on the general health care market and costs of health care services. (4) The importance of utilizing preventive health services and how to access such services. (5) The operation of health insurance plans. (6) Common health care terminology. (7) The information that a consumer should obtain about health care services and health insurance plans prior to participating. (8) The availability of, and eligibility for, Federal health care programs and assistance. (9) The format and content of the summary of benefits explanation required under section 3. (10) The resources available through the Office and how to access those resources, including the Internet website and toll free hotline. (c) Languages.--The Secretary shall provide information through the initiative under subsection (a) in multiple languages and in an accessible format for individuals with sight and hearing disabilities. (d) Duration.--The initiative under subsection (a) shall be at least 6 months in duration. (e) Authorization of Appropriations.--There is authorized to be appropriated, $10,000,000 to carry out this section. SEC. 5. REPORT CONCERNING END-OF-LIFE CARE EDUCATION AND SPENDING. (a) Study.--The Secretary, in consultation with the representatives described in subsection (c), shall conduct a comprehensive study of matters related to improved consumer education on end-of-life care decisions and spending. Such study shall evaluate issues including-- (1) consumer attitudes and questions regarding end-of-life care decisions; (2) effective outreach methods to increase consumer understanding of end-of-life care considerations and tools for making end-of-life care decisions; (3) methods for empowering consumers to ensure that their end-of-life care instructions are properly executed; (4) the appropriate timing and venues for end-of-life care discussions between health care consumers and providers; (5) ethical and legal considerations considered by consumers when making end-of-life care decisions; (6) trends in end-of-life care spending and the impact of such spending on overall health care costs; and (7) potential strategies for addressing any identified end- of-life care spending issues. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress, a report concerning the study conducted under subsection (a) together with the recommendations of the Secretary for legislative or administrative action where appropriate. (c) Representatives.--The representatives described in this subsection include representatives from the following groups, organizations, or associations: (1) A senior citizen advocacy organization. (2) A hospice organization. (3) A physician-based hospice and palliative care organization. (4) A home-health organization. (5) A long-term care advocacy organization. (6) A cancer research organization. (7) A patient advocacy organization. (8) A faith-based health care organization. (9) A nurse-based medical association. (10) A geriatrician-based medical association. (11) An academic medical institution. (12) A caregiver advocacy organization. (13) A chronic disease advocacy organization. (14) A disability rights advocacy organization. (15) A social work association. (16) A pediatric palliative care organization. (17) A veterans health care organization. SEC. 6. ESTABLISHMENT OF DEPARTMENT OF EDUCATION GRANTS TO LOCAL EDUCATIONAL AGENCIES FOR DEVELOPMENT AND IMPLEMENTATION OF PERSONAL HEALTH AND NUTRITION PROGRAMS IN GRADES K-12. (a) Definitions.--In this section: (1) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (b) Program Authorized.--The Secretary shall establish a 5-year pilot program awarding grants, on a competitive basis, to not more than 25 local educational agencies to allow the local educational agencies to develop and implement a personal health and nutrition curriculum in elementary schools or secondary schools. (c) Application.--A local educational agency that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. The application shall contain a plan for the proposed curriculum and for the use of the grant funds by the local educational agency, including a description of the population of children to be targeted by the program assisted under the grant. (d) Award Basis.--In awarding grants under this section, the Secretary shall consider whether the curriculum proposal submitted by the local educational agency in the application-- (1) is age-appropriate for, and appealing to, children in the targeted population described in the application; (2) incorporates evidence-based health and nutrition standards as the basis for instruction; (3) integrates classroom instruction with physical activity to demonstrate the benefits of adopting good personal health and nutrition habits; (4) incorporates communication with parents and includes family learning activities outside of the classroom; and (5) promotes school staff health and wellness. (e) Use of Funds.--A local educational agency receiving a grant under this section shall use such funds to develop and implement a personal health and nutrition curriculum for elementary or secondary school students. (f) Authorization of Appropriation.--There are authorized to be appropriated to carry out this section $500,000 for each of the fiscal years 2009 through 2014.

Consumer Health Education and Transparency Act of 2008 - Requires the Secretary of Health and Human Services to establish within the Department of Health and Human Services (HHS) the Office of Consumer Health Education and Information to provide consumers of health care services and health insurance with information concerning personal health and wellness and health insurance coverage. Requires the Secretary to: (1) require the National Association of Insurance Commissioners to develop standards for use by health insurance issuers in compiling and providing to enrollees a summary of benefits explanation that accurately represents the benefits and coverage provided by the issuer under the applicable health insurance plan; and (2) promulgate regulations to apply such standards. Directs health insurance issuers and federal health care programs to provide such a summary of benefits explanation to individuals prior to the effective date of coverage. Provides that such standards preempt related state standards that provide less information to consumers. Subjects entities that willfully fail to provide such information to fines. Requires the Secretary, acting through the Director of the Office, to establish and implement a consumer health education and outreach initiative. Directs the Secretary to: (1) conduct a comprehensive study of matters related to improved consumer education on end-of-life care decisions and spending; and (2) award grants to local education agencies to develop and implement a personal health and nutrition curriculum in elementary or secondary schools.

A bill to provide information and education to consumers concerning health care services and health insurance coverage.

SECTION 1. INCREASE IN PUBLIC DEBT LIMIT. Subsection (b) of section 3101 of title 31, United States Code, is amended by striking the dollar amount contained therein and inserting ``$4,920,000,000,000''. SEC. 2. APPLICABILITY OF PUBLIC DEBT LIMIT TO FEDERAL TRUST FUNDS AND OTHER FEDERAL ACCOUNTS. (a) Protection of Federal Funds.--Notwithstanding any other provision of law-- (1) no officer or employee of the United States may-- (A) delay the deposit of any amount into (or delay the credit of any amount to) any Federal fund or otherwise vary from the normal terms, procedures, or timing for making such deposits or credits, or (B) refrain from the investment in public debt obligations of amounts in any Federal fund, if a purpose of such action or inaction is to not increase the amount of outstanding public debt obligations, and (2) no officer or employee of the United States may disinvest amounts in any Federal fund which are invested in public debt obligations if a purpose of the disinvestment is to reduce the amount of outstanding public debt obligations. (b) Protection of Benefits and Expenditures for Administrative Expenses.-- (1) In general.--Notwithstanding subsection (a), during any period for which cash benefits or administrative expenses would not otherwise be payable from a covered benefits fund by reason of an inability to issue further public debt obligations because of the applicable public debt limit, public debt obligations held by such covered benefits fund shall be sold or redeemed only for the purpose of making payment of such benefits or administrative expenses and only to the extent cash assets of the covered benefits fund are not available from month to month for making payment of such benefits or administrative expenses. (2) Issuance of corresponding debt.--For purposes of undertaking the sale or redemption of public debt obligations held by a covered benefits fund pursuant to paragraph (1), the Secretary of the Treasury may issue corresponding public debt obligations to the public, in order to obtain the cash necessary for payment of benefits or administrative expenses from such covered benefits fund, notwithstanding the public debt limit. (3) Advance notice of sale or redemption.--Not less than 3 days prior to the date on which, by reason of the public debt limit, the Secretary of the Treasury expects to undertake a sale or redemption authorized under paragraph (1), the Secretary of the Treasury shall report to each House of the Congress and to the Comptroller General of the United States regarding the expected sale or redemption. Upon receipt of such report, the Comptroller General shall review the extent of compliance with subsection (a) and paragraphs (1) and (2) of this subsection and shall issue such findings and recommendations to each House of the Congress as the Comptroller General considers necessary and appropriate. (c) Public Debt Obligation.--For purposes of this section, the term ``public debt obligation'' means any obligation subject to the public debt limit established under section 3101 of title 31, United States Code. (d) Federal Fund.--For purposes of this section, the term ``Federal fund'' means any Federal trust fund or Government account established pursuant to Federal law to which the Secretary of the Treasury has issued or is expressly authorized by law directly to issue obligations under chapter 31 of title 31, United States Code, in respect of public money, money otherwise required to be deposited in the Treasury, or amounts appropriated. (e) Covered Benefits Fund.--For purposes of subsection (b), the term ``covered benefits fund'' means any Federal fund from which cash benefits are payable by law in the form of retirement benefits, separation payments, life or disability insurance benefits, or dependent's or survivor's benefits, including (but not limited to) the following: (1) the Federal Old-Age and Survivors Insurance Trust Fund; (2) the Federal Disability Insurance Trust Fund; (3) the Civil Service Retirement and Disability Fund; (4) the Government Securities Investment Fund; (5) the Department of Defense Military Retirement Fund; (6) the Unemployment Trust Fund; (7) each of the railroad retirement funds and accounts; (8) the Department of Defense Education Benefits Fund and the Post-Vietnam Era Veterans Education Fund; and (9) the Black Lung Disability Trust Fund. (f) Conforming Amendments.-- (1) In general.--Subsections (j), (k), and (l) of section 8348 of title 5, United States Code, and subsections (g) and (h) of section 8438 of such title are hereby repealed. (2) Retention of authority to restore trust funds with respect to actions taken before date of enactment.-- (A) In general.--The repeals made by paragraph (1) shall not apply to the restoration requirements imposed on the Secretary of the Treasury (or the Executive Director referred to in section 8438(g)(5) of title 5, United States Code) with respect to amounts attributable to actions taken under subsection (j)(1) or (k) of section 8348, or section 8438(g)(1), of such title before the date of the enactment of this Act. (B) Restoration requirements.--For purposes of subparagraph (A), the term ``restoration requirements'' means the requirements imposed by-- (i) paragraphs (2), (3), and (4) of subsection (j), and subsection (l)(1), of section 8348 of such title, and (ii) paragraphs (2), (3), (4), and (5) of subsection (g), and subsection (h)(1), of section 8438 of such title. SEC. 3. LIMITATION ON ISSUANCE OF PUBLIC DEBT OBLIGATIONS AFTER DECEMBER 31, 2001. No obligation subject to the limitation under section 3101(b) of title 31, United States Code, may be issued to the public after December 31, 2001. The preceding sentence shall not apply to any obligation (or series of obligations) issued to refund an obligation issued before January 1, 2002. SEC. 4. AUTHORITY TO ESTABLISH PRIORITIES IN MANAGING CASH POSITION OF UNITED STATES. Section 3101 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(d) Whenever the United States Government is unable to borrow in a timely manner sufficient funds to meet its needs because of the limit set forth in subsection (b), the Secretary of the Treasury is authorized to manage the cash position of the United States Government pursuant to priorities established by the President for making payments.''. SEC. 5. PROHIBITION OF SALES OF ASSETS TO AVOID PUBLIC DEBT LIMIT. Notwithstanding any other provision of law, no officer or employee of the United States may sell any property of the United States if the primary purpose of such sale is to avoid the limitation set forth in section 3101(b) of title 31, United States Code (relating to public debt limit).

Amends Federal law to increase the public debt limit to $4.92 trillion. Prohibits any U.S. officer or employee from delaying a deposit or credit to, or refraining from investment in public debt obligations in, any Federal fund if the purpose is to reduce or not increase public debt. Allows, notwithstanding the public debt limit, the sale or redemption of public debt obligations held by a covered benefits fund in order to get the cash necessary for payment of benefits or administrative expenses. Prohibits issuance, after December 31, 2001, of public debt obligations subject to limitation under specified provisions of Federal law. Declares that the prohibition does not apply to any obligations issued to refund an obligation issued before January 1, 2002. Authorizes the Secretary of the Treasury, when the Government is unable to borrow sufficient funds because of the public debt limit, to manage the U.S. cash position under the priorities established by the President for making payments. Prohibits any U.S. officer or employee from selling any U.S. property if the primary purpose of the sale is to avoid the public debt limit.

To increase the public debt limit, to protect the social security trust funds and other federal trust funds and accounts invested in public debt obligations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Pension Accountability Act''. SEC. 2. PROVISIONS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM. (a) In General.--Subchapter III of chapter 83 of title 5, United States Code, is amended by inserting after section 8333 the following: ``Sec. 8333a. Expulsion from Congress ``(a) Noncreditability of Member Service.--If an individual is expelled from Congress, all Member service previously performed by such individual shall be noncreditable for purposes of determining eligibility for or the amount of any annuity which might otherwise be payable out of the Fund based on the service of such individual under this subchapter. ``(b) Refund of Contributions and Deposits.--If an individual's Member service becomes noncreditable by reason of subsection (a), that portion of such individual's lump-sum credit which is attributable to such Member service (less any amount previously refunded or paid as annuity benefits) shall, on proper application, be payable to such individual or, if deceased, to the appropriate person determined under section 8342. ``(c) Amounts Properly Paid Not Affected.--An individual whose Member service is made noncreditable by reason of subsection (a) is not thereafter required to repay any part of an annuity under this subchapter otherwise properly paid to such individual before the date of the expulsion, if any. ``(d) Coordination Provision.--Nothing in this section shall be considered to supersede or otherwise affect the application of subchapter II. ``(e) Regulations.--The Office of Personnel Management shall prescribe any regulations necessary to carry out the purposes of this section.''. (b) Clerical Amendment.--The analysis for chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8333 the following: ``8333a. Expulsion from Congress.''. SEC. 3. PROVISIONS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM. (a) In General.--Chapter 84 of title 5, United States Code, is amended by inserting after section 8410 the following: ``Sec. 8410a. Expulsion from Congress ``(a) Noncreditability of Member Service.--If an individual is expelled from Congress, all Member service previously performed by such individual shall be noncreditable for purposes of determining eligibility for or the amount of any annuity which might otherwise be payable out of the Fund based on the service of such individual under this chapter. ``(b) Refund of Contributions and Deposits.--If an individual's Member service becomes noncreditable by reason of subsection (a), that portion of such individual's lump-sum credit which is attributable to such Member service (less any amount previously refunded or paid as annuity benefits) shall, on proper application, be payable to such individual or, if deceased, to the appropriate person determined under section 8424. ``(c) Amounts Properly Paid Not Affected.--An individual whose Member service is made noncreditable by reason of subsection (a) is not thereafter required to repay any part of an annuity under this chapter otherwise properly paid to such individual before the date of the expulsion, if any. ``(d) Forfeiture of Government Contributions to Thrift Savings Plan.--If an individual's Member service becomes noncreditable by reason of subsection (a), all contributions made by the Government for the benefit of that individual under section 8432(c) while that individual was performing Member service, and all earnings attributable to such contributions, shall be forfeited. ``(e) Coordination Provision.--Nothing in this section shall be considered to supersede or otherwise affect the application of subchapter II of chapter 83. ``(f) Definition.--For the purpose of this section, the term `Member service' means, in the case of an individual subject to this chapter, service performed by such individual as a Member (as defined by section 8331 or 8401), including the period from the date of the beginning of the term for which elected or appointed to the date on which he takes office as such a Member. ``(g) Regulations.--The Office of Personnel Management shall prescribe any regulations necessary to carry out the purposes of this section, including provisions for the reduction or elimination of any payment under section 8421 and any other similar payment under this chapter supplemental to any annuity or survivor annuity reduced or eliminated under subsection (a).''. (b) Clerical Amendment.--The analysis for chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8410 the following: ``8410a. Expulsion from Congress.''. SEC. 4. CONFORMING AMENDMENTS. (a) Section 8432(g)(1) of title 5, United States Code, is amended by striking ``this subsection,'' and inserting ``this subsection or section 8410a(d),''. (b) Sections 8433(a) amd 8437(d) of title 5, United States Code, are amended by inserting ``or 8410a(d)'' after ``8432(g)''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to any expulsion which is based, in whole or in part, on any act committed or conduct engaged in after the date of the enactment of this Act.

Congressional Pension Accountability Act - Provides that: (1) all service as a Member of Congress of an individual who is expelled from Congress shall be noncreditable for purposes of determining eligibility for, or the amount of, any annuity which might otherwise be payable out of the Civil Service Retirement and Disability Fund based on such service; (2) all Government contributions to the Thrift Savings Plan for that individual while that individual was performing Member service (and attributed earnings) shall be forfeited; and (3) the portion of such an individual's lump-sum credit which is attributable to such Member service (less any amount previously refunded or paid as annuity benefits) shall be payable to such individual or, if deceased, to the appropriate beneficiary or beneficiaries.

To provide that, if an individual is expelled from Congress, any Member service previously rendered by that individual shall be noncreditable for purposes of determining eligibility for or the amount of any benefits which might otherwise be payable out of the Civil Service Retirement and Disability Fund based on the service of that individual, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Education Tax Credit Act''. SEC. 2. CREDIT FOR EDUCATION EXPENSES OF STUDENTS RECEIVING OR ELIGIBLE TO RECEIVE FREE OR REDUCED PRICE SCHOOL MEALS. (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 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. EDUCATION EXPENSES OF STUDENTS RECEIVING OR ELIGIBLE TO RECEIVE FREE OR REDUCED PRICE SCHOOL MEALS. ``(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 the amount of the qualified education expenses paid by the taxpayer during the taxable year for the education of any individual-- ``(1) with respect to whom the taxpayer is allowed a deduction under section 151(c), and ``(2) who receives (or is eligible to receive) free or reduced price meals under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966 for the period to which such expenses relate. ``(b) Limitation.--The amount allowed as a credit under subsection (a) for any taxable year with respect to the qualified education expenses of any 1 individual shall not exceed $1,500. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means amounts paid for-- ``(i) tuition and fees required for the enrollment or attendance of a student at an eligible educational institution, and ``(ii) fees, tutoring, books, supplies, computer equipment (including related software and services) and other equipment required for courses of instruction at an eligible educational institution. ``(B) Meals and lodging expenses not included.-- Such term does not include any amount paid, directly or indirectly, for meals, lodging, or similar personal, living, or family expenses. In the event an amount paid for tuition or fees includes an amount for meals, lodging, or similar expenses which is not separately stated, the portion of such amount which is attributable to meals, lodging, or similar expenses shall be determined under regulations prescribed by the Secretary. ``(C) Special rule for home schooling.--In the case of education furnished in the home (as a substitute for public education) which meets the requirements of State law relating to compulsory school attendance, the term `qualified education expenses' means amounts paid for tutoring, books, supplies, computer equipment (including related software and services), and other equipment used in furnishing such education. ``(2) Eligible educational institution.--The term `eligible educational institution' means-- ``(A) a secondary school, ``(B) an elementary school, or ``(C) any private, parochial, religious, or home school organized for the purpose of providing elementary or secondary education, or both. ``(3) Elementary and secondary schools.--The terms `elementary school' and `secondary school' have the respective meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965. ``(d) Adjustment for Certain Scholarships.--The amounts otherwise taken into account under subsection (a) as qualified education expenses of any individual during any period shall be reduced (before the application of subsection (b)) by the sum of the amounts received with respect to such individual for the taxable year as a qualified scholarship which under section 117 is not includable in gross income. ``(e) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section.'' (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or'' after ``1978,'' and by inserting before the period ``, or enacted by the Children's Education Tax Credit Act''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 35. Education expenses of students receiving or eligible to receive free or reduced price school meals. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Children's Education Tax Credit Act - Amends the Internal Revenue Code to establish a tax credit (up to $1,500 per student) for the qualified educational expenses paid by a taxpayer on behalf of a dependent individual who receives or is eligible to receive free or reduced price school meals.Defines "eligible educational institution" as a secondary school, an elementary school, or any private, parochial, religious, or home school providing elementary or secondary education, or both.

To amend the Internal Revenue Code of 1986 to allow a refundable credit for education expenses of children receiving or eligible to receive free or reduced price school meals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transferring Credits for College Completion Act of 2012''. SEC. 2. DATA REPORTING REQUIREMENTS. (a) Transfer Completion Data.--Section 132(i)(1) of the Higher Education Act of 1965 (20 U.S.C. 1015a(i)(1)) is amended by adding at the end the following: ``(AA) The percentages of degree- or certificate- seeking undergraduate students enrolled at the institution who have transferred from another institution and who obtain a degree or certificate within-- ``(i) the normal time for completion of, or graduation from, the student's program (including the time spent as a degree- or certificate-seeking undergraduate student at any other institution); ``(ii) 150 percent of the normal time for completion of, or graduation from, the student's program (including the time spent as a degree- or certificate-seeking undergraduate student at any other institution); and ``(iii) 200 percent of the normal time for completion of, or graduation from, the students program (including the time spent as a degree- or certificate-seeking undergraduate student at any other institution).''. (b) Effective Date.--This section shall take effect one year after the date of enactment of this Act. SEC. 3. ARTICULATION AGREEMENTS. (a) Transfer of Credit Policies.--Section 485(h) of the Higher Education Act of 1965 (20 U.S.C. 1092(h)) is amended-- (1) in paragraph (1)-- (A) by striking ``and'' at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (C) by adding at the end the following: ``(C) to the extent practicable, in each electronic and printed publication of the institution's course schedule published on or after July 1, 2014, in a manner of the institution's choosing, for each course or program of study listed in the institution's course schedule, whether such course or program of study is transferable for credit toward the completion of a degree at a public institution of higher education in the State in which the institution is located.''; and (2) by striking paragraph (2) and inserting following: ``(2) Articulation agreements.--Except as provided in paragraph (3), each public institution of higher education participating in any program under this title shall, not later than July 1, 2014, enter into an articulation agreement (as defined in section 486A(a)) held in common with the other public institutions of higher education that are in the State in which the institution is located and that are participating in any such program. Such articulation agreement shall, at a minimum, include the following: ``(A) A common general education core curriculum consisting of not less than 30 credit hours or the equivalent coursework, which are fully acceptable in transfer at any such public institution of higher education in the State toward meeting specific degree or certificate requirements. ``(B) Common course numbering for substantially similar courses in such common general education core curriculum. ``(C) A guarantee that an associate degree in an academic major in the arts or sciences that is awarded by a public institution of higher education in the State on or after July 1, 2014, shall be fully acceptable in transfer and credited as the first 2 years of a related baccalaureate program at a public institution of higher education in such State. ``(3) Exception for tribal colleges and universities.--A Tribal College or University (as defined in section 316) shall not be required to enter into or otherwise participate in an articulation agreement required under paragraph (2). ``(4) Rule of construction.--Nothing in this subsection shall be construed to-- ``(A) except as provided in paragraph (2), authorize the Secretary or the National Advisory Committee on Institutional Quality and Integrity to require particular policies, procedures, or practices by institutions of higher education with respect to transfer of credit; ``(B) authorize an officer or employee of the Department to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any institution of higher education, or over any accrediting agency or association; ``(C) limit the application of the General Education Provisions Act; ``(D) require an institution of higher education to accept or enroll a student; or ``(E) create any legally enforceable right, including with respect to a guarantee under paragraph (2)(C), on the part of a student to require an institution of higher education to accept the student for enrollment or to accept a transfer of credit from another institution.''. (b) Articulation Agreements.--Section 486A(b) of the Higher Education Act of 1965 (20 U.S.C. 1093a(b)) is amended-- (1) in paragraph (1)-- (A) by inserting ``that meet the requirements of section 485(h)(2)'' after ``comprehensive articulation agreements''; (B) by inserting ``comprehensive articulation agreements'' after ``practicable)''; (C) by striking ``2010'' and inserting ``2014''; and (D) by striking the third sentence, including subparagraphs (A) through (D); and (2) in paragraph (2), by inserting before the period at the end the following: ``and section 485(h)(2)''.

Transferring Credits for College Completion Act of 2012 - Amends the Higher Education Act of 1965 to require the Secretary of Education to include on the College Navigator website the percentage of undergraduates at an institution of higher education (IHE) who have transferred from another IHE and earned their degree or certificate in their program of study within: (1) the normal time for its completion, (2) 150% of the normal time for its completion, and (3) 200% of the normal time for its completion. Requires IHEs, to the extent practicable, to include in their course schedule publications information on whether each listed course or program of study is transferable for credit toward the completion of a degree at a public IHE located in their state. Requires each public IHE, by July 1, 2014, to enter into an articulation agreement with the other public IHEs located in its state. Requires those agreements to include: (1) a common general education core curriculum consisting of at least 30 credit hours or equivalent coursework that are fully transferable toward meeting specific degree or certificate requirements at other public IHEs in the state, (2) common course numbering for substantially similar courses in that curriculum, and (3) a guarantee that an associate degree in an academic major in the arts and sciences at a public IHE in the state will be credited as the first 2 years of a related baccalaureate program at other public IHEs in the state. Excepts Tribal Colleges or Universities from those articulation agreement requirements.

To increase transparency and reduce students' burdens related to transferring credits between institutions of higher education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park System Laws Technical Amendments Act of 2004''. SEC. 2. LACKAWANNA VALLEY HERITAGE AREA. Section 106 of the Lackawanna Valley National Heritage Area Act of 2000 (16 U.S.C. 461 note; Public Law 106-278) is amended by striking subsection (a) and inserting the following: ``(a) Authorities of Management Entity.--For purposes of preparing and implementing the management plan, the management entity may-- ``(1) make grants to, and enter into cooperative agreements with, the State and political subdivisions of the State, private organizations, or any person; and ``(2) hire and compensate staff.''. SEC. 3. HAWAI'I VOLCANOES NATIONAL PARK. Section 5 of the Act of June 20, 1938 (16 U.S.C. 392c) is amended by striking ``Hawaii Volcanoes'' each place it appears and inserting ``Hawai'i Volcanoes''. SEC. 4. ``I HAVE A DREAM'' PLAQUE AT LINCOLN MEMORIAL. Section 2 of Public Law 106-365 (114 Stat. 1409) is amended by striking ``and expand contributions'' and inserting ``and expend contributions''. SEC. 5. WILD AND SCENIC RIVERS. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended-- (1) by redesignating paragraph (162) (relating to White Clay Creek, Delaware and Pennsylvania) as paragraph (163); (2) by designating the second paragraph (161) (relating to the Wekiva River, Wekiwa Springs Run, Rock Springs Run, and Black Water Creek, Florida) as paragraph (162); (3) by designating the undesignated paragraph relating to the Wildhorse and Kiger Creeks, Oregon, as paragraph (164); (4) by redesignating the third paragraph (161) (relating to the Lower Delaware River and associated tributaries, New Jersey and Pennsylvania) as paragraph (165) and by indenting appropriately; and (5) by redesignating the undesignated paragraph relating to the Rivers of Caribbean National Forest, Puerto Rico, as paragraph (166). SEC. 6. ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL HISTORICAL PARK. The Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 (16 U.S.C. 410ggg et seq.) is amended-- (1) in section 2(b), by striking ``numbered 963/80000'' and inserting ``numbered 963/80,000''; and (2) in section 3-- (A) in subsection (a)(1), by striking ``August 35'' and inserting ``August 25''; (B) in subsection (b)(1), by striking ``the World War II Child Development Centers, the World War II worker housing, the Kaiser-Permanente Field Hospital, and Fire Station 67A'' and inserting ``the Child Development Field Centers (Ruth C. Powers) (Maritime), Atchison Housing, the Kaiser-Permanente Field Hospital, and Richmond Fire Station 67A''; and (C) in subsection (e)(2), by striking ``the World War II day care centers, the World War II worker housing, the Kaiser- Permanente Field Hospital, and Fire Station 67,'' and inserting ``the Child Development Field Centers (Ruth C. Powers) (Maritime), Atchison Housing, the Kaiser-Permanente Field Hospital, and Richmond Fire Station 67A,''. SEC. 7. VICKSBURG CAMPAIGN TRAIL BATTLEFIELDS. The Vicksburg Campaign Trail Battlefields Preservation Act of 2000 (114 Stat. 2202) is amended-- (1) in section 2(a)(1), by striking ``and Tennessee'' and inserting ``Tennessee, and Kentucky''; and (2) in section 3-- (A) in paragraph (1), by striking ``and Tennessee,'' and inserting ``Tennessee, and Kentucky,''; and (B) in paragraph (2)-- (i) in subparagraph (R), by striking ``and'' at the end; (ii) by redesignating subparagraph (S) as subparagraph (T); and (iii) by inserting after subparagraph (R) the following: ``(S) Fort Heiman in Calloway County, Kentucky, and resources in and around Columbus in Hickman County, Kentucky; and''. SEC. 8. HARRIET TUBMAN SPECIAL RESOURCE STUDY. Section 3(c) of the Harriet Tubman Special Resource Study Act (Public Law 106-516; 114 Stat. 2405) is amended by striking ``Public Law 91-383'' and all that follows through ``(P.L. 105-391; 112 Stat. 3501)'' and inserting ``section 8 of Public Law 91-383 (16 U.S.C. 1a- 5)''. SEC. 9. PUBLIC LAND MANAGEMENT AGENCY FOUNDATIONS. Employees of the foundations established by Acts of Congress to solicit private sector funds on behalf of Federal land management agencies shall qualify for General Service Administration contract airfares. SEC. 10. SHORT TITLES. (a) National Park Service Organic Act.--The Act of August 25, 1916 (commonly known as the ``National Park Service Organic Act'') (16 U.S.C. 1 et seq.) is amended by adding at the end the following: ``SEC. 5. SHORT TITLE. ``This Act may be cited as the `National Park Service Organic Act'.''. (b) National Park System General Authorities Act.--Public Law 91- 383 (commonly known as the ``National Park System General Authorities Act'') (16 U.S.C. 1a-1 et seq.) is amended by adding at the end the following: ``SEC. 14. SHORT TITLE. ``This Act may be cited as the `National Park System General Authorities Act'.''. SEC. 11. PARK POLICE INDEMNIFICATION. Section 2(b) of Public Law 106-437 (114 Stat. 1921) is amended by striking ``the Act'' and inserting ``of the Act''. SEC. 12. BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA. Section 1029 of division I of the Omnibus Parks and Public Lands Management Act of 1996 (110 Stat. 4233) is amended-- (1) in subsection (c)(2)(B)(i), by striking ``reference'' and inserting ``referenced''; and (2) in subsection (d)(4), by inserting a period after ``plans''. SEC. 13. NATIONAL HISTORIC PRESERVATION ACT. Section 5(a)(8) of the National Historic Preservation Act Amendments of 2000 (Public Law 106-208; 114 Stat. 319) is amended by striking ``section 110(1)'' and inserting ``section 110(l)''. SEC. 14. NATIONAL TRAILS SYSTEM ACT. The National Trails System Act (16 U.S.C. 1241 et seq.) is amended-- (1) in section 5-- (A) in subsection (c)-- (i) in paragraph (19), by striking ``Kissimme'' and inserting ``Kissimmee''; (ii) in paragraph (40)(D) by striking ``later that'' and inserting ``later than''; and (iii) by designating the undesignated paragraphs relating to the Metacoment-Monadnock-Mattabesett Trail and The Long Walk Trail as paragraphs (41) and (42), respectively; and (B) in the first sentence of subsection (d), by striking ``establishment.''; and (2) in section 10(c)(1), by striking ``The Ice Age'' and inserting ``the Ice Age''. SEC. 15. VICKSBURG NATIONAL MILITARY PARK. Section 3(b) of the Vicksburg National Military Park Boundary Modification Act of 2002 (16 U.S.C. 430h-11) is amended by striking ``the Secretary add it'' and inserting ``the Secretary shall add the property''. SEC. 16. ALLEGHENY PORTAGE RAILROAD NATIONAL HISTORIC SITE. Section 2(2) of the Allegheny Portage Railroad National Historic Site Boundary Revision Act (Public Law 107-369; 116 Stat. 3069) is amended by striking ``NERO 423/80,014 and dated May 01'' and inserting ``NERO 423/80,014A and dated July 02''. SEC. 17. TALLGRASS PRAIRIE NATIONAL PRESERVE. Section 1006(b) of division I of the Omnibus Parks and Public Lands Management Act of 1996 (110 Stat. 4208) is amended by striking ``subsection (a)(1)'' and inserting ``subsection (a)''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

National Park System Laws Technical Amendments Act of 2004 - Makes technical and clerical amendments to specified parks and public land laws. (Sec. 2) Amends the Lackawanna Valley National Heritage Area Act of 2000 to authorize the Lackawanna Heritage Valley Authority to make grants and enter into cooperative agreements. (Sec. 7) Amends the Vicksburg Campaign Trail Battlefields Preservation Act of 2000 to include Fort Heiman, Kentucky, and resources in and around Columbus, Kentucky, within the battlefield areas for preservation. (Sec. 9) Allows employees of foundations established by Acts of Congress to solicit private sector funds on behalf of Federal land management agencies to qualify for General Services Administration (GSA) contract airfares. (Sec. 10) Designates as official titles the popular names for the National Park Service Organic Act and the National Park System General Authorities Act.

An original bill to make technical corrections to laws relating to certain units of the National Park System and to National Park programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Administration Disaster Recovery and Reform Act of 2009''. 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 ``approved State Bridge Loan Program'' means a State Bridge Loan Program approved under section 203(b); (3) the term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act; and (4) the term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any territory or possession of the United States. SEC. 3. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Definitions. Sec. 3. Table of contents. TITLE I--GULF COAST RECOVERY AND ASSISTANCE FOR HOMEOWNERS IMPACTED BY DRYWALL MANUFACTURED IN THE PEOPLE'S REPUBLIC OF CHINA Sec. 101. Report on the Gulf Coast Disaster Loan Refinancing Program. Sec. 102. Extension of participation term for victims of Hurricane Katrina or Hurricane Rita. Sec. 103. Assistance for homeowners impacted by drywall manufactured in the People's Republic of China. TITLE II--IMPROVEMENTS TO ADMINISTRATION DISASTER ASSISTANCE PROGRAMS Sec. 201. Improvements to the Pioneer Business Recovery Program. Sec. 202. Increased limits. Sec. 203. State bridge loan guarantee. Sec. 204. Modified collateral requirements. Sec. 205. Aquaculture business disaster assistance. Sec. 206. Regional outreach on disaster assistance programs. Sec. 207. Duplication of benefits. Sec. 208. Administration coordination on economic injury disaster declarations. Sec. 209. Coordination between Small Business Administration and Department of Agriculture disaster programs. Sec. 210. Technical and conforming amendment. TITLE I--GULF COAST RECOVERY AND ASSISTANCE FOR HOMEOWNERS IMPACTED BY DRYWALL MANUFACTURED IN THE PEOPLE'S REPUBLIC OF CHINA SEC. 101. REPORT ON THE GULF COAST DISASTER LOAN REFINANCING PROGRAM. Section 12086 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2184) is amended by adding at the end the following: ``(g) Report to Congress.-- ``(1) In general.--Not later than 30 days after the date of enactment of this subsection, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report making recommendations regarding improvements to the program. ``(2) Contents.--The report under paragraph (1) may include recommendations relating to-- ``(A) modifying the end of the deferment date of Gulf Coast disaster loans; ``(B) reducing interest payments on Gulf Coast disaster loans, subject to the availability of appropriations; ``(C) extending the term of Gulf Coast disaster loans to 35 years; and ``(D) any other modification to the program determined appropriate by the Administrator.''. SEC. 102. EXTENSION OF PARTICIPATION TERM FOR VICTIMS OF HURRICANE KATRINA OR HURRICANE RITA. (a) Retroactivity.--If a small business concern, while participating in any program or activity under the authority of paragraph (10) of section 7(j) of the Small Business Act (15 U.S.C. 636(j)), was located in a parish or county described in subsection (b) of this section and was affected by Hurricane Katrina of 2005 or Hurricane Rita of 2005, the period during which that small business concern is permitted continuing participation and eligibility in that program or activity shall be extended for 24 months after the date such participation and eligibility would otherwise terminate. (b) Parishes and Counties Covered.--Subsection (a) applies to any parish in the State of Louisiana, or any county in the State of Mississippi or in the State of Alabama, that has been designated by the Administrator as a disaster area by reason of Hurricane Katrina of 2005 or Hurricane Rita of 2005 under disaster declaration 10176, 10177, 10178, 10179, 10180, 10181, 10205, or 10206. (c) Review and Compliance.--The Administrator shall ensure that the case of every small business concern participating before the date of enactment of this Act in a program or activity covered by subsection (a) is reviewed and brought into compliance with this section. SEC. 103. ASSISTANCE FOR HOMEOWNERS IMPACTED BY DRYWALL MANUFACTURED IN THE PEOPLE'S REPUBLIC OF CHINA. (a) Definitions.--In this section, the term ``defective drywall'' means drywall board that the Administrator determines-- (1) was manufactured in the People's Republic of China; (2) was imported into the United States during the period beginning on January 1, 2004, and ending on December 31, 2008; and (3) is directly responsible for substantial metal corrosion or other property damage in the dwelling in which the drywall is installed. (b) Disaster Assistance for Homeowners Impacted by Defective Drywall.-- (1) In general.--The Administrator may, upon request by a Governor that has declared a disaster as a result of property loss or damage as a result of defective drywall, declare a disaster under section 7(b) of the Small Business Act (15 U.S.C. 636(b)) relating to the defective drywall. (2) Uses.--Assistance under a disaster declared under paragraph (1) may be used only for the repair or replacement of defective drywall. (3) Limitation.--Assistance under a disaster declared under paragraph (1) may not-- (A) provide compensation for losses or damage compensated for by insurance or other sources; and (B) exceed more than 25 percent of the funds appropriated to the Administration for disaster assistance during any fiscal year. TITLE II--IMPROVEMENTS TO ADMINISTRATION DISASTER ASSISTANCE PROGRAMS SEC. 201. IMPROVEMENTS TO THE PIONEER BUSINESS RECOVERY PROGRAM. (a) In General.--Section 12085 of the Food, Conservation, and Energy Act of 2008 (15 U.S.C. 636j) is amended-- (1) in the section heading, by striking ``expedited disaster assistance loan program'' and inserting ``pioneer business recovery program''; (2) by striking ``expedited disaster assistance business loan program'' each place it appears and inserting ``Pioneer Business Recovery Program''; (3) in subsection (b) by striking ``paragraph (9)'' and all that follows and inserting ``section 7(b) of the Small Business Act (15 U.S.C. 636(b)).''; and (4) in subsection (d)(3)(A), by striking ``$150,000'' and inserting ``$250,000''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 1651) is amended by striking the item relating to section 12085 and inserting the following: ``Sec. 12085. Pioneer Business Recovery Program.''. SEC. 202. INCREASED LIMITS. Section 7 of the Small Business Act (15 U.S.C. 636) is amended-- (1) in subsection (d)(6)-- (A) by striking ``$100,000'' and inserting ``$400,000''; and (B) by striking ``$20,000'' and inserting ``$80,000''; (2) by striking ``(e) [RESERVED].''; and (3) by striking ``(f) [RESERVED].''. SEC. 203. STATE BRIDGE LOAN GUARANTEE. (a) Authorization.--After issuing guidelines under subsection (c), the Administrator may guarantee loans made under an approved State Bridge Loan Program. (b) Approval.-- (1) Application.--A State desiring approval of a State Bridge Loan Program shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may require. (2) Criteria.--The Administrator may approve an application submitted under paragraph (1) based on such criteria as the Administrator may establish under this section. (c) Guidelines.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Administrator shall issue to the appropriate economic development officials in each State, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives, guidelines regarding approved State Bridge Loan Programs. (2) Contents.--The guidelines issued under paragraph (1) shall-- (A) identify appropriate uses of funds under an approved State Bridge loan Program; (B) set terms and conditions for loans under an approved State Bridge loan Program; (C) address whether-- (i) an approved State Bridge Loan Program may charge administrative fees; and (ii) loans under an approved State Bridge Loan Program shall be disbursed through local banks and other financial institutions; and (D) establish the percentage of a loan the Administrator will guarantee under an approved State Bridge Loan Program. SEC. 204. MODIFIED COLLATERAL REQUIREMENTS. Section 7(d)(6) of the Small Business Act (15 U.S.C. 636(d)(6)) is amended by inserting after ``which are made under paragraph (1) of subsection (b)'' the following: ``: Provided further, That the Administrator shall not require collateral for a loan of not more than $200,000 under paragraph (1) or (2) of subsection (b) relating to damage to or destruction of property of, or economic injury to, a small business concern''. SEC. 205. AQUACULTURE BUSINESS DISASTER ASSISTANCE. Section 18(b)(1) of the Small Business Act (15 U.S.C. 647(b)(1)) is amended-- (1) by striking ``aquaculture,''; and (2) by inserting before the semicolon ``, and does not include aquaculture''. SEC. 206. REGIONAL OUTREACH ON DISASTER ASSISTANCE PROGRAMS. (a) Report.--In accordance with sections 7(b)(4) and 40(a) of the Small Business Act (15 U.S.C. 636(b)(4) and 657l(a)) and not later than 60 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report detailing-- (1) information on the disasters, manmade or natural, most likely to occur in each region of the Administration and likely scenarios for each disaster in each region; (2) information on plans of the Administration, if any, to conduct annual disaster outreach seminars, including events with resource partners of the Administration, in each region before periods of predictable disasters described in paragraph (1); (3) information on plans of the Administration for satisfying the requirements under section 40(a) of the Small Business Act not satisfied on the date of enactment of this Act; and (4) such additional information as determined necessary by the Administrator. (b) Availability of Information.--The Administrator shall-- (1) post the disaster information provided under subsection (a) on the website of the Administration; and (2) make the information provided under subsection (a) available, upon request, at each regional and district office of the Administration. SEC. 207. DUPLICATION OF BENEFITS. (a) Findings.--Congress finds the following: (1) Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155) states the following: (A) ``The President, in consultation with the head of each Federal agency administering any program providing financial assistance to persons, business concerns, or other emergency, shall assure that no such person, business concern, or other entity will receive such assistance with respect to any part of such loss as to which he has received financial assistance under any other program or from insurance or any other source.''. (B) ``Receipt of partial benefits for a major disaster or emergency shall not preclude provision of additional Federal assistance for any part of a loss or need for which benefits have not been provided.''. (C) A recipient of Federal assistance will be liable to the United States ``to the extent that such assistance duplicates benefits available to the person for the same purpose from another source.''. (2) The Administrator should make every effort to ensure that disaster recovery needs unmet by Federal and private sources are not overlooked in determining duplication of benefits for disaster victims. (b) Revised Duplication of Benefits Calculations.--The Administrator may, after consultation with other relevant Federal agencies, determine whether benefits are duplicated after a person receiving assistance under section 7(b) of the Small Business Act (15 U.S.C. 636(b)) receives other Federal disaster assistance by a disaster victim. SEC. 208. ADMINISTRATION COORDINATION ON ECONOMIC INJURY DISASTER DECLARATIONS. Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report providing-- (1) information on economic injury disaster declarations under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) made by the Administrator during the 10-year period ending on the date of enactment of this Act based on a natural disaster declaration by the Secretary of Agriculture; (2) information on economic injury disaster declarations under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) made by the Administrator during the 10-year period ending on the date of enactment of this Act based on a fishery resource disaster declaration from the Secretary of Commerce; (3) information on whether the disaster response plan of the Administration under section 40 of the Small Business Act (15 U.S.C. 657l) adequately addresses coordination with the Secretary of Agriculture and the Secretary of Commerce on economic injury disaster assistance under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)); (4) recommended legislative changes, if any, for improving agency coordination on economic injury disaster declarations under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)); and (5) such additional information as determined necessary by the Administrator. SEC. 209. COORDINATION BETWEEN SMALL BUSINESS ADMINISTRATION AND DEPARTMENT OF AGRICULTURE DISASTER PROGRAMS. (a) Definitions.--In this section-- (1) the term ``agricultural small business concern'' means a small business concern that is an agricultural enterprise, as defined in section 18(b)(1) of the Small Business Act (15 U.S.C. 647(b)(1)), as amended by this Act; and (2) the term ``rural small business concern'' means a small business concern located in a rural area, as that term is defined in section 1393(a)(2) of the Internal Revenue Code of 1986. (b) Report.--Not later than 120 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Agriculture, shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report detailing-- (1) information on disaster assistance programs of the Administration for rural small business concerns and agricultural small business concerns; (2) information on industries or small business concerns excluded from programs described in paragraph (1); (3) information on disaster assistance programs of the Department of Agriculture to rural small business concerns and agricultural small business concerns; (4) information on industries or small business concerns excluded from programs described in paragraph (3); (5) information on disaster assistance programs of the Administration that are duplicative of disaster assistance programs of the Department of Agriculture; (6) information on coordination between the two agencies on implementation of disaster assistance provisions of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 1651), and the amendments made by that Act; (7) recommended legislative or administrative changes, if any, for improving coordination of disaster assistance programs, in particular relating to removing gaps in eligibility for disaster assistance programs by rural small business concerns and agricultural small business concerns; and (8) such additional information as determined necessary by the Administrator. SEC. 210. TECHNICAL AND CONFORMING AMENDMENT. Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended in the matter following paragraph (9), by striking ``section 312(a) of the Disaster Relief and Emergency Assistance Act'' and inserting ``section 312(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155(a))''.

Small Business Administration Disaster Recovery and Reform Act of 2009 - Amends the Food, Conservation, and Energy Act of 2008 to direct the Administrator of the Small Business Administration (SBA) to submit to the congressional small business committees recommendations for improvements to the Gulf Coast disaster loan refinancing program. Extends for 24 additional months the authorized loan assistance term for small businesses affected by Hurricanes Katrina or Rita and participating in the SBA small business and capital ownership development program. Allows the Administrator to declare a disaster with respect to small businesses that installed defective drywall manufactured in China, for purposes of qualification for SBA disaster loan assistance. Amends the Small Business Act to increase authorized assistance under the SBA's: (1) pioneer business recovery program (formerly the expedited disaster assistance loan program); and (2) disaster loan assistance program. Authorizes the Administrator to guarantee loans made under an approved state bridge loan program. Requires the Administrator to report on: (1) regional outreach on disaster assistance programs; (2) coordination of economic injury disaster declarations; and (3) coordination between SBA and Department of Agriculture (USDA) disaster programs. Directs the Administrator to ensure that disaster recovery needs unmet by federal and private sources are not overlooked by the SBA in determining duplication of benefits for disaster victims.

A bill to improve disaster assistance provided by the Small Business Administration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Natural Gas Strategy Act''. SEC. 2. PURPOSE AND GOALS. It is the purpose of this Act to facilitate the achievement of the following Congressional goals: (1) Conducting a study relating to natural gas infrastructure, including natural gas pipelines and natural gas storage infrastructure, and liquefied natural gas infrastructure in the United States, which shall include an examination of roles, authorities, and methods of assessing risks and benefits employed by United States Government agencies that regulate natural gas infrastructure sitings, taking into account considerations that are beyond the regulatory scope of the current siting agencies and an examination of the extent that reviews of proposed natural gas infrastructure projects by United States Government agencies are conducted in a complementary and effectively coordinated manner. (2) Identifying factors that are in the public interest that natural gas infrastructure developers may not take into account in proposing specific projects, and that may not be adequately assessed by United States Government agencies reviewing natural gas infrastructure development proposals due to a lack of technical expertise or oversight authority, including-- (A) regional environmental impacts; (B) relationship of proposed natural gas infrastructure developments to United States policies to address climate change; (C) relationship of proposed natural gas infrastructure developments with other national infrastructure development priorities, especially in the electric power sector; and (D) relationship of proposed natural gas infrastructure developments with national safety and security priorities. (3) Examining-- (A) Federal, State, and local expenditures for water-side and land-based security for natural gas infrastructure protection, including the extent of such expenditures relative to the protection of other critical infrastructure (such as chemical facilities and chemical tankers); and (B) the ability of existing and traditional security missions of agencies involved, including the United States Coast Guard and State and local law enforcement agencies, to ensure adequate security and safety of liquefied natural gas operations. (4) Understanding-- (A) the linkages among natural gas supplies, carbon dioxide emissions, electricity supply, and electricity reliability, including the extent that United States carbon dioxide policies will influence the existing and anticipated demand for natural gas; and (B) the national and regional requirements for natural gas supply infrastructure in light of other Federal policies related to carbon dioxide control, electricity reliability, and development of domestic natural gas resources. (5) Identifying criteria for the selection of appropriate natural gas infrastructure facility locations that will meet national energy policy goals, ensure adequate natural gas supplies, can be adequately secured given existing constraints on water-side and land-based security measures, and are environmentally sound. SEC. 3. COMMISSION. (a) Establishment.--There is established the Commission on Comprehensive Strategies for the Placement of Natural Gas Infrastructure (in this Act referred to as the ``Commission''). (b) Purpose.--The Commission shall conduct a comprehensive review of United States natural gas policy for the following purposes: (1) Review.--Reviewing relevant analyses of the current and long-term natural gas policy and conditions in the United States. (2) Identifying problems.--Identifying problems that may threaten the security of natural gas infrastructure, assessing regional versus national economic impacts of natural gas infrastructure placement, and ensuring the protection of the environment. (3) Analyzing potential solutions.--Analyzing potential solutions to problems that threaten the security of natural gas infrastructure, regional economic security, and protection of the environment. (4) Providing recommendations.--Providing recommendations that will ensure that the United States natural gas policy goals, including the goals described in section 2, are met. (c) Report and Recommendations.-- (1) In general.--Not later than one year after the date of enactment of this Act, the Commission shall transmit to Congress a report on the progress of United States natural gas policy toward meeting its long-term goals of natural gas infrastructure, including a detailed statement of the findings, conclusions, and recommendations of the Commission. (2) Legislative language.--If a recommendation submitted under paragraph (1) involves legislative action, the report shall include proposed legislative language to carry out such action. (d) Membership.--The Commission shall be composed of 20 members of whom-- (1) 2 shall be appointed by the Secretary of Transportation, 1 of whom shall be a representative of the Maritime Administration; (2) 2 shall be appointed by the Secretary of Homeland Security, 1 of whom shall be a representative of the United States Coast Guard; (3) 2 shall be appointed by the Secretary of Energy, 1 of whom shall be a representative of the Federal Energy Regulatory Commission; (4) 2 shall be appointed by the Secretary of Commerce, 1 of whom shall be a representative of the National Oceanic and Atmospheric Administration; (5) 6 shall be appointed by the Speaker of the House of Representatives-- (A) 3 of whom shall be appointed in consultation with the majority leader; and (B) 3 of whom shall be appointed in consultation with the minority leader; and (6) 6 members shall be appointed by the President Pro Tempore of the Senate-- (A) 3 of whom shall be appointed in consultation with the majority leader of the Senate; and (B) 3 of whom shall be appointed in consultation with the minority leader of the Senate. (e) Chairperson.--The members of the Commission shall designate a Chairperson from among its members. (f) Date.--Members of the Commission shall be appointed by not later than 30 days after the date of enactment of this Act. (g) Period of Appointment.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (h) Staff.-- (1) Director.--The Commission shall have a staff headed by an Executive Director. (2) Staff appointment.--The Executive Director may appoint such personnel as the Executive Director and the Commission determine to be appropriate. (3) Experts and consultants.--With the approval of the Commission, the Executive Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Federal agencies.-- (A) Detail of government employees.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (B) Technical assistance.--Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties. (5) Resources.--The Commission shall have reasonable access to materials, resources, statistical data, and other information the Commission determines to be necessary to carry out its duties from all relevant Federal agencies. The Chairperson shall make requests for such access in writing when necessary.

Natural Gas Strategy - Establishes the Commission on Comprehensive Strategies for the Placement of Natural Gas Infrastructure to conduct a comprehensive review of U.S. natural gas policy to identify problems and make recommendations that will ensure that specified goals of such policy are met.

To establish the Commission on Comprehensive Strategies for the Placement of Natural Gas Infrastructure, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Managed Care Responsibility and Equity Act''. SEC. 2. MINIMUM MEDICAL LOSS RATIO REQUIREMENTS FOR MEDICAID AND CHIP MANAGED CARE PLANS. (a) Minimum Medical Loss Ratio Requirements for Medicaid and CHIP Managed Care Plans.--Section 1903(m) of the Social Security Act (42 U.S.C. 1396b(m)) is amended-- (1) in paragraph (2)(A)-- (A) by striking ``and'' at the end of clause (xii); (B) by realigning the left margin of clause (xiii) so as to align with the left margin of clause (xii) and by striking the period at the end of clause (xiii) and inserting ``; and''; and (C) by adding at the end the following new clause: ``(xiv) such contract provides that if the Secretary determines for a contract year (beginning on or after October 1, 2017) that the entity has failed to have a medical loss ratio, as determined in accordance with paragraph (3), of at least .85 (.80 in the case of an entity in which at least 10 percent of the individuals enrolled in the plan are optional targeted low-income children described in section 1905(u)(2)(B))-- ``(I) the entity shall remit (not later than January 1 of the first calendar year that begins on or after the first day of the contract year) to the State an amount equal to the product of the total revenue of the entity under the State plan under this title (or under a waiver of such plan) for the contract year and the difference between .85 (or .80, if applicable) and the medical loss ratio (as so determined) and that any such remittances paid by an entity shall be treated as an overpayment under section 1903(d)(3)(A); ``(II) for 3 consecutive contract years, the State shall not permit the enrollment of new enrollees with the entity for coverage during the second succeeding contract year; and ``(III) the State shall terminate the contract if the entity fails to have such a medical loss ratio for 5 consecutive contract years.''; and (2) by inserting after paragraph (2), the following: ``(3)(A) For purposes of paragraph (2)(A)(xiv), the medical loss ratio for an entity with a contract under this subsection shall be equal to the ratio of-- ``(i) the sum of the amount of contract revenue (as determined in accordance with subparagraph (B)) expended by the entity-- ``(I) for providing medical assistance to individuals who are eligible under the State plan under this title or under a waiver of such plan and who are enrolled with the entity; and ``(II) for quality improvement activities (as determined in accordance with subparagraph (C)); to ``(ii) the total amount of contract revenue (as determined in accordance with subparagraph (B)). ``(B) For purposes of subparagraph (A), the Secretary shall by regulation specify how contract revenue shall be determined with respect to an entity with a contract with the State under this subsection and a contract year. The regulations shall provide that the following shall be disregarded from the determination of contract revenue for a contract year: ``(i)(I) Only in the case of an entity that is exempt from Federal income tax, community benefit expenditures made by the entity (not to exceed the limit described in subclause (II)) and reserve funds (not to exceed the limit described in subclause (IV)). ``(II) The limit described in this subclause is the amount equal to 3 percent of the contract revenue for the contract year or the amount equal to the product of the highest premium tax rate in the State and the contract revenue, whichever is greater. ``(III) In this clause, the term `community benefit expenditures' means expenditures for activities or programs that seek to achieve the objectives of improving access to health services, enhancing public health, and relieving government burden. ``(IV) The limit described in this subclause is the amount equal to 3 percent of the contract revenue for the contract year except that an entity that is exempt from Federal income tax may increase the amount of reserve funds to be disregarded for a contract year up to a limit that does not exceed the amount equal to the sum of 3 percent of the contract revenue for the contract year and the total amount of the reserve funds disregarded for the 2 preceding contract years or 9 percent of the contract revenues during such 3-year period, whichever is greater. ``(ii) Expenditures for providing medical assistance to a new beneficiary population enrolled with the entity for the first 2 contract years of such population's enrollment. ``(C)(i) For purposes of subparagraph (A), quality improvement activities are activities designed to do any of the following: ``(I) To improve health outcomes by implementing activities such as effective case management, care coordination, quality reporting, chronic disease management or medication and care compliance activities. ``(II) To prevent hospital readmissions, including a comprehensive program for hospital discharge that includes patient education and counseling, discharge planning, and post- discharge follow-up by an appropriate health care professional. ``(III) To improve patient safety and reduce medical errors through the use of best clinical practices, evidence-based medicine, and health information technology. ``(IV) To implement a significant investment (as defined by the Secretary and based on a 2-year average of expenditures) in technology improvements such as through electronic medical records, telemedicine, and smart phone or tablet technology. ``(V) To implement wellness and health promotion activities, including programs designed to address the social determinants of health (as defined in clause (iii)(I)) or to promote patient engagement (as defined in clause (iii)(II)). ``(ii) For purposes of subparagraph (A), an expenditure only shall be considered to be an expenditure for a quality improvement activity if the expenditure satisfies 1 or more of the following requirements: ``(I) The expenditure is designed to improve healthcare quality. ``(II) The expenditure is designed to increase the likelihood of desired health outcomes in ways that can be objectively measured, and that can produce verifiable results and achievements. ``(III) The expenditure is directed toward individual enrollees, incurred for specific segments of enrollees, or provides health improvements to a population beyond the population enrolled in coverage with the entity so long as no additional costs are incurred due to the non-enrollees. ``(IV) The expenditure is grounded in evidence based medicine (including promising practices which, with documented justification, go beyond the existing evidence base), or widely accepted best clinical practice, or criteria issued by recognized professional medical associations, accreditation bodies, government agencies, or other nationally recognized health care quality or health improvement organizations. ``(iii)(I) For purposes of clause (i)(IV), the term `social determinants of health' means conditions in the environments in which people are born, live, learn, work, play, worship, and age; that affect a wide range of health, functioning, and quality-of-life outcomes, risks, patterns of social engagement and sense of security and well- being, and have a significant influence on population health outcomes. These conditions include, but are not limited to, safe and affordable housing, access to education, public safety, availability of healthy foods, local emergency and local health services, and environments free of life-threatening toxins. ``(II) For purposes of clause (i)(IV), the term `patient engagement' means actions individuals must take to obtain the greatest benefit for the health care services available to them, and through which process an individual harmonizes robust information and professional advice with the individual's own needs, preferences and abilities in order to prevent, manage and cure disease. ``(D) The Secretary may waive the application of a requirement of this paragraph or of paragraph (2)(A)(xiv) to a Medicaid managed care organization for not more than 2 years, based on the following: ``(i) The extent to which the organization is likely to cease offering coverage without the waiver. ``(ii) The number of individuals in the plan likely to be affected by loss of coverage. ``(iii) The impact of the loss of coverage on the ability of the beneficiaries to receive coverage under another plan and to have continuity of care. ``(iv) The impact on the rates calculated for other Medicaid managed care organizations that would provide coverage for the beneficiaries that would be affected by the termination of coverage. ``(v) Upon the request of a Medicaid managed care organization, to permit implementation of major plan changes (but only for 1 contract year). ``(vi) Any other relevant information submitted by the Medicaid managed care organization or the State.''. (b) Application to Managed Care Plans Under CHIP.--Section 2103(f)(3) of such Act (42 U.S.C. 1397cc(f)(3)) is amended-- (1) by inserting ``subsection (m)(2)(A)(xiv) of section 1903 (relating to minimum medical loss ratio requirements, except that the minimum medical loss ratio applicable to managed care organizations under this title shall be .80) and'' after ``application of''; and (2) by inserting ``other'' before ``requirements for''. (c) Regulations.--Not later than October 1, 2015, the Secretary of Health and Human Services shall promulgate regulations implementing the amendments made by this section. The regulations shall require that initial test reporting of medical loss ratios by Medicaid managed care organizations be made not later than October 1, 2016.

Medicaid Managed Care Responsibility and Equity Act - Amends titles XIX (Medicaid) and XXI (Children's Health Insurance) (CHIP) of the Social Security Act (SSA) with respect to managed care requirements. Requires a minimum medical loss ratio of at least 85% for Medicaid and CHIP managed care plans under contracts between a state and a managed medical care entity (health maintenance organization), but a minimum ratio of only 80% for an entity in which at least 10% of the enrollees are optional targeted low-income children. Prescribes administrative penalties for failure to maintain such ratios. Applies the same minimum medical loss ratios to a state child health (CHIP) plan, except for a medical loss ratio of at least 80% for managed care organizations.

Medicaid Managed Care Responsibility and Equity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chesapeake Bay Accountability and Recovery Act of 2008''. SEC. 2. CHESAPEAKE BAY CROSSCUT BUDGET. (a) Crosscut Budget.--The Director, in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay State, and the Chesapeake Bay Commission, shall submit to Congress a financial report containing-- (1) an interagency crosscut budget that displays-- (A) the proposed funding for any Federal restoration activity to be carried out in the succeeding fiscal year, including any planned interagency or intra-agency transfer, for each of the Federal agencies that carry out restoration activities; (B) to the extent that information is available, the estimated funding for any State restoration activity to be carried out in the succeeding fiscal year; (C) all expenditures for Federal restoration activities from the preceding 3 fiscal years, the current fiscal year, and the succeeding fiscal year; and (D) all expenditures, to the extent that information is available, for State restoration activities during the equivalent time period described in subparagraph (C); (2) a detailed accounting of all funds received and obligated by all Federal agencies for restoration activities during the current and preceding fiscal years, including the identification of funds which were transferred to a Chesapeake Bay State for restoration activities; (3) to the extent that information is available, a detailed accounting from each State of all funds received and obligated from a Federal agency for restoration activities during the current and preceding fiscal years; and (4) a description of each of the proposed Federal and State restoration activities to be carried out in the succeeding fiscal year (corresponding to those activities listed in subparagraphs (A) and (B) of paragraph (1)), including the-- (A) project description; (B) current status of the project; (C) Federal or State statutory or regulatory authority, programs, or responsible agencies; (D) authorization level for appropriations; (E) project timeline, including benchmarks; (F) references to project documents; (G) descriptions of risks and uncertainties of project implementation; (H) adaptive management actions or framework; (I) coordinating entities; (J) funding history; (K) cost-sharing; and (L) alignment with existing Chesapeake Bay Agreement and Chesapeake Executive Council goals and priorities. (b) Minimum Funding Levels.--The Director shall only describe restoration activities in the report required under subsection (a) that-- (1) for Federal restoration activities, have funding amounts greater than or equal to $100,000; and (2) for State restoration activities, have funding amounts greater than or equal to $50,000. (c) Deadline.--The Director shall submit to Congress the report required by subsection (a) not later than 30 days after the submission by the President of the President's annual budget to Congress. (d) Report.--Copies of the financial report required by subsection (a) shall be submitted to the Committees on Appropriations, Natural Resources, Energy and Commerce, and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations, Environment and Public Works, and Commerce, Science, and Transportation of the Senate. (e) Effective Date.--This section shall apply beginning with the first fiscal year after the date of enactment of this Act for which the President submits a budget to Congress. SEC. 3. ADAPTIVE MANAGEMENT PLAN. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with other Federal and State agencies, shall develop an adaptive management plan for the Chesapeake Bay Program and restoration activities that includes-- (1) definition of specific and measurable objectives to improve water quality, habitat, and fisheries; (2) a process for stakeholder participation; (3) monitoring, modeling, experimentation, and other research and evaluation practices; (4) a process for modification of restoration activities that have not attained or will not attain the specific and measurable objectives set forth under paragraph (1); and (5) a process for prioritizing restoration activities and programs to which adaptive management shall be applied. (b) Implementation.--The Administrator shall implement the adaptive management plan developed under subsection (a). (c) Updates.--The Administrator shall update the adaptive management plan developed under subsection (a) every 3 years. (d) Report to Congress.-- (1) In general.--Not later than 60 days after the end of a fiscal year, the Administrator shall transmit to Congress an annual report on the implementation of the adaptive management plan required under this section for such fiscal year. (2) Contents.--The report required under paragraph (1) shall contain information about the application of adaptive management to restoration activities and programs, including programmatic and project level changes implemented through the process of adaptive management. (3) Effective date.--Paragraph (1) shall apply to the first fiscal year that begins after the date of enactment of this Act. SEC. 4. DEFINITIONS. In this Act, the following definitions apply: (1) Adaptive management.--The term ``adaptive management'' means a type of natural resource management in which project and program decisions are made as part of an ongoing science- based process. Adaptive management involves testing, monitoring, and evaluating applied strategies and incorporating new knowledge into programs and restoration activities that are based on scientific findings and the needs of society. Results are used to modify management policy, strategies, practices, programs, and restoration activities. (2) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Chesapeake bay state.--The term ``Chesapeake Bay State'' or ``State'' means the States of Maryland, West Virginia, Delaware, and New York, the Commonwealths of Virginia and Pennsylvania, and the District of Columbia. (4) Chesapeake bay watershed.--The term ``Chesapeake Bay watershed'' means the Chesapeake Bay and the geographic area, as determined by the Secretary of the Interior, consisting of 36 tributary basins, within the Chesapeake Bay States, through which precipitation drains into the Chesapeake Bay. (5) Chief executive.--The term ``chief executive'' means, in the case of a State or Commonwealth, the Governor of each such State or Commonwealth and, in the case of the District of Columbia, the Mayor of the District of Columbia. (6) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (7) Restoration activities.--The term ``restoration activities'' means any Federal or State programs or projects that directly or indirectly protect, conserve, or restore living resources, habitat, water resources, or water quality in the Chesapeake Bay watershed, including programs or projects that promote responsible land use, stewardship, and community engagement in the Chesapeake Bay watershed. Restoration activities may be categorized as follows: (A) Physical restoration. (B) Planning. (C) Feasibility studies. (D) Scientific research. (E) Monitoring. (F) Education. (G) Infrastructure Development.

Chesapeake Bay Accountability and Recovery Act of 2008 - Requires the Director of the Office of Management and Budget (OMB), in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay state, and the Chesapeake Bay Commission, to submit to Congress a financial report containing: (1) an interagency crosscut budget for restoration activities that protect, conserve, or restore living resources, habitat, water resources, or water quality in the Chesapeake Bay watershed; (2) an accounting of funds received and obligated by all federal agencies for restoration activities; (3) an accounting from each state of all funds received and obligated from a federal agency for restoration activities; and (4) a description of each of the proposed federal and state restoration activities. Requires: (1) such report to describe only federal restoration activities that have funding amounts of at least $100,000 and state restoration activities that have funding amounts of at least $50,000; and (2) the Director to submit the report no later than 30 days after the submission of the President's annual budget to Congress. Requires the Administrator of the Environmental Protection Agency (EPA) to develop and update every three years an adaptive management plan for the Chesapeake Bay Program and restoration activities that includes: (1) a definition of specific and measurable objectives to improve water quality, habitat, and fisheries; (2) a process for stakeholder participation; (3) monitoring, modeling, experimentation, and other research and evaluation practices; (4) a process for modification of restoration activities that have not attained or will not attain such objectives; and (5) a process for prioritizing restoration activities and programs to which adaptive management shall be applied. Sets forth reporting requirements.

To require the Office of Management and Budget to prepare a crosscut budget for restoration activities in the Chesapeake Bay watershed, to require the Environmental Protection Agency to develop and implement an adaptive management plan, and for other purposes.

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2004, to provide emergency supplemental appropriations for additional disaster assistance relating to hurricane damage, and for other purposes, namely: CHAPTER 1 SMALL BUSINESS ADMINISTRATION disaster loans program account For an additional amount for ``Disaster Loans Program Account'' for the cost of direct loans, $248,000,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, for an additional amount for ``Disaster Loans Program Account'' for administrative expenses to carry out the disaster loan program, $209,000,000, to remain available until expended, which may be transferred to the appropriations for ``Salaries and Expenses'': Provided, That no funds shall be transferred to the appropriations for ``Salaries and Expenses'' for indirect administrative expenses: Provide further, That the amounts provided under this heading are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of Public Law 108-287. CHAPTER 2 DEPARTMENT OF DEFENSE OPERATION AND MAINTENANCE operation and maintenance, defense-wide For an additional amount for ``Operation and Maintenance, Defense- Wide'', $72,500,000, to remain available until September 30, 2005 for emergency expenses resulting from natural or other disasters, for the costs of repairs to structures and equipment, evacuation, base preparation, base recovery, and delayed satellite launches: Provided, That the amounts provided herein are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of Public Law 108-287: Provided further, That the Secretary of Defense may transfer these funds to appropriations for military personnel; operation and maintenance; procurement; and family housing: Provided further, That funds transferred shall be merged with and made available for the same purposes and for the same time period as the appropriation to which transferred: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense. CHAPTER 3 CORPS OF ENGINEERS--CIVIL WORKS operation and maintenance, general For an additional amount for ``Operation and Maintenance'', to dredge navigation channels and repair other Corps projects in southern and eastern States affected by natural disasters, $30,000,000, to remain available until expended: Provided, That the amounts provided herein are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of Public Law 108-287. flood control and coastal emergencies For an additional amount for ``Flood Control and Coastal Emergencies'', as authorized by section 5 of the Flood Control Act of August 16, 1941, as amended (33 U.S.C. 701n) for emergency response to and recovery from coastal storm damages and flooding in southern and eastern states caused by natural disasters, $88,000,000, to remain available until expended: Provided, That the amounts provided herein are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of Public Law 108-287. CHAPTER 4 DEPARTMENT OF HOMELAND SECURITY UNITED STATES COAST GUARD operating expenses For an additional amount for ``Operating Expenses'' for expenses resulting from the recent natural disasters in the southeastern United States, $8,000,000, to remain available until expended: Provided, That the amounts provided herein are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of Public Law 108-287. EMERGENCY PREPAREDNESS AND RESPONSE disaster relief For an additional amount for ``Disaster Relief'', $2,000,000,000, to remain available until expended: Provided, That the amounts provided herein are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of Public Law 108-287. CHAPTER 5 DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE construction For an additional amount for ``Construction'', $13,900,000, to remain available until expended: Provided, That the amounts provided herein are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of Public Law 108-287. NATIONAL PARK SERVICE construction For an additional amount for ``Construction'', $7,400,000, to remain available until expended: Provided, That the amounts provided herein are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of Public Law 108-287. CHAPTER 6 DEPARTMENT OF HEALTH AND HUMAN SERVICES Departmental Management public health and social services emergency fund For an additional amount for ``Public Health and Social Services Emergency Fund'' to support aging services, social services and health services associated with natural disaster recovery and response efforts, $50,000,000, to remain available until expended: Provided, That the amounts provided herein are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of Public Law 108-287. CHAPTER 7 EXECUTIVE OFFICE OF THE PRESIDENT unanticipated needs For an additional amount for ``Unanticipated Needs'', not to exceed $70,000,000, to remain available until September 30, 2005, for the American Red Cross for reimbursement of disaster relief and recovery expenditures and emergency services associated with Hurricanes Charley, Frances, and Ivan, and only to the extent funds are not made available for those activities by other Federal sources: Provided, That these funds may be administered by any authorized Federal Government agency to meet the purposes of this provision and that total administrative costs shall not exceed three percent of the total appropriation: Provided further, That the Comptroller General shall audit the use of these funds by the American Red Cross: Provided further, That the amounts provided herein are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of Public Law 108-287. CHAPTER 8 DEPARTMENT OF VETERANS AFFAIRS Veterans Health Administration medical services For an additional amount for ``Medical Services'' for expenses related to the recent natural disasters in the Southeast, $5,800,000, to remain available until September 30, 2005: Provided, That the amounts provided herein are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of Public Law 108-287. medical administration For an additional amount for ``Medical Administration'' for expenses related to the recent natural disasters in the Southeast, $1,500,000, to remain available until September 30, 2005: Provided, That the amounts provided herein are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of Public Law 108-287. medical facilities For an additional amount for ``Medical Facilities'' for expenses related to the recent natural disasters in the Southeast, $16,800,000, to remain available until expended: Provided, That the amounts provided herein are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of Public Law 108-287. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Community Planning and Development community development fund For an additional amount for ``Community Development Fund'', as authorized under title I of the Housing and Community Development Act of 1974 (Act), for emergency expenses resulting from natural disasters in Florida, except those activities reimbursable by the Federal Emergency Management Agency or available through the Small Business Administration, and for reimbursement for expenditures incurred from the regular Community Development Block Grant formula allocation used to achieve these same purposes, $150,000,000, to remain available until September 30, 2007: Provided, That the amounts provided herein are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of Public Law 108-287: Provided further, That such funds may be awarded to the State of Florida for affected areas: Provided further, That notwithstanding 42 U.S.C. 5306(d)(2), the State of Florida is authorized to provide such assistance to entitlement communities: Provided further, That in administering these funds for economic revitalization activities in Florida, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding that such waiver is required to facilitate the use of such funds, and would not be inconsistent with the overall purpose of the statute or regulation: Provided further, That for activities funded by amounts provided herein, the Secretary may waive, on a case-by-case basis and upon such other terms as the Secretary may specify, in whole or in part, the requirements that activities principally benefit persons of low- and moderate-income pursuant to 42 U.S.C. 5301(c) and 5304(b)(3): Provided further, That the Secretary shall publish in the Federal Register any waiver of any statute or regulation authorized under this heading no later than 5 days before the effective date of such waiver. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION space flight capabilities For an additional amount for ``Space Flight Capabilities'', to repair facilities damaged and take other emergency measures due to the effects of hurricanes, $126,000,000, to remain available until expended: Provided, That the amounts provided herein are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of Public Law 108-287. This Act may be cited as the ``Emergency Supplemental Appropriations for Hurricane Disaster Assistance Act, 2004''.

Emergency Supplemental Appropriations for Hurricane Disaster Assistance Act, 2004 - Makes FY 2004 emergency supplemental appropriations for additional hurricane disaster assistance to: (1) the Small Business Administration for the Disaster Loans Program Account; (2) the Department of Defense for "Operation and Maintenance, Defense-Wide;" (3) the Corps of Engineers - Civil Works for "Operation and Maintenance" and "Flood Control and Coastal Emergencies;" (4) the Department of Homeland Security for the U.S. Coast Guard for operating expenses and Emergency Preparedness and Response for "Disaster Relief;" (5) the Department of the Interior for Fish and Wildlife Service and the National Park Service for construction; (6) the Department of Health and Human Services for the Public Health and Social Services Emergency Fund; (7) the Executive Office of the President for unanticipated needs; (8) the Department of Veterans Affairs for the Veterans Health Administration for medical services, administration, and facilities; (9) the Department of Housing and Urban Development for the Community Development Fund; and (10) the National Aeronautics and Space Administration for space flight capabilities.

Making emergency supplemental appropriations for the fiscal year ending September 30, 2004, for additional disaster assistance relating to hurricane damage, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Activity Based Total Accountability Act of 2010''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds as follows: (1) The Federal Government sends hundreds of billions of dollars to the States each and every year. (2) In Fiscal Year 2008, among the money sent to the States were $267 billion for health care, $53 billion for transportation, $47 billion for housing and urban development, $36 billion for education, and $27 billion for agriculture. (3) States receive money from the Federal Government through grants, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance, food commodities, and direct appropriations, among others means. (4) Every State spends money for common activities such as health care, transportation, housing, education, agriculture and other issues, yet some States are more effective than others when spending these Federal taxpayer dollars. (5) Taxpayers, legislators, and agencies should be able to objectively and reliably share data comparing apples-to-apples performance measurements that identify what government does and what it really costs. (6) Activity-based total accountability will show which States are the most effective with taxpayer dollars and lead to competition among States. (7) States demonstrating that they are more efficient with tax dollars by having lower activity costs will serve as models for others to ensure that there is more accountability for how tax dollars are spent and to ensure that the taxpayer is getting the best value for their dollar. (b) Purpose.--The purpose of this Act is to improve the policymaking process and government accountability at the State level by requiring annual accountings from State governments in a format that uses total accountability measures, including unit-cost data. SEC. 3. STATE FISCAL ACCOUNTING REPORTS. (a) In General.--Not later than 15 days before the end of a Federal fiscal year, each State government that receives Federal financial assistance in that Federal fiscal year shall submit a State fiscal accounting report for the Federal fiscal year to the Director of the Office of Management and Budget (hereinafter in this Act referred to as the ``Director''). (b) Contents of Report.--Each State fiscal accounting report shall include-- (1) a one-page summary that lists the total funding and expenditures of each budget entity of the State government; and (2) for each budget entity of the State government, a unit- cost summary for the Federal fiscal year. (c) Publication of Reports.--The Director shall publish each report received under this section on an Internet Web site of the Director not later than 30 days after receiving that report. SEC. 4. STANDARDIZATION OF STATE FISCAL ACCOUNTING REPORTS. (a) Standardization of Reports.--The Director shall ensure that each State fiscal accounting report is in such standardized form as the Director may prescribe. Such form shall permit the comparison of the information contained in a State fiscal accounting report with the information contained in every other State fiscal accounting report. (b) Initial Reports.--Not later than 180 days after the date of enactment of this Act, each State government that is required to submit a report under section 3 shall submit to the Director a description of the programs and other activities carried out by each budget entity of that State government over that fiscal year, including such information on those programs or activities as the Director may require. (c) Classification System.--Based on the descriptions submitted under subsection (b) and on what the Director determines to be the most relevant data available (including data from the most recent census), the Director shall by rule do the following: (1) Establish a uniform system for classifying such programs and activities within categories (hereinafter in this Act referred to as ``agency activities'') identified by the Director. (2) For each agency activity, identify conduct (hereinafter in this Act referred to as an ``activity unit'') that, in the determination of the Director, constitutes a completed instance of such agency activity. (3) For each agency activity, identify, to the extent practicable, performance measures for that agency activity, and, in publishing a report under section 3(c), link electronically such performance measures to that agency activity. SEC. 5. UNIT-COST SUMMARY. Each unit-cost summary for a budget entity of a State government shall be in such form as the Director may prescribe, be one page long, and include the following: (1) A statement of funds available, as described under section 6. (2) For each agency activity that the budget entity began, attempted, continued, or completed, a line-item listing as described under section 7. (3) A reconciliation of funds available with adjusted expenditures as described under section 8. SEC. 6. STATEMENT OF FUNDS AVAILABLE. (a) In General.--A statement of funds available shall identify-- (1) in accordance with subsection (b), each source of funds available for expenditure or obligation by the budget entity and the amount of such funds; and (2) the sum of all amounts identified under paragraph (1). (b) Identification of Sources.--In identifying the sources of funds available for expenditure or obligation by the budget entity, the budget entity shall include the following: (1) All funds made available by State appropriations laws. (2) Any Federal financial assistance provided by a Federal department or agency. (3) Any other sources the Director determines appropriate. SEC. 7. AGENCY ACTIVITY LINE ITEM LISTINGS. (a) In General.--A line item listing for an agency activity shall-- (1) identify-- (A) the agency activity; (B) in accordance with subsection (b), the total amount of funds that the budget entity expended in carrying out the agency activity; (C) the number of activity units of the agency activity the budget entity began, attempted, continued, or completed; and (D) the unit-cost of the agency activity, determined in accordance with subsection (c); and (2) describe as many of the following as are relevant to the agency activity: (A) What conduct constitutes an activity unit. (B) Each purpose for which the budget entity engaged in that agency activity. (C) Each person that is an intended beneficiary of that agency activity. (b) Special Rules for Determination of Expenditures.-- (1) Allocation of expenditures for certain agency activities.--If the Director determines that there is an agency activity for which no method of measuring the accomplishment of the agency activity exists, an expenditure for that agency activity must be consistently allocated to what is, in the determination of the Director, a sufficiently similar agency activity for which such a method exists. (2) Payments to contractors or subordinate entities included.--An identification of the total amount of funds that a budget entity expended shall include any amounts paid to a contractor or subordinate entity. (c) Determination of Unit-Cost.-- (1) In general.--The unit-cost of an agency activity shall be determined in accordance with the following formula: m UC = --------------------------------------. q (2) Definition of terms in formula.--For purposes of the formula in paragraph (1)-- (A) UC is the unit-cost of the agency activity; (B) m is the amount described in subsection (a)(1)(B); and (C) q is the number described in subsection (a)(1)(C). SEC. 8. RECONCILIATION OF FUNDS AVAILABLE WITH ADJUSTED EXPENDITURES. (a) In General.--A reconciliation of funds available with adjusted expenditures shall-- (1) identify the adjusted expenditures of the budget entity; and (2) explain any difference between the adjusted expenditures and the sum of all funds available for expenditure or obligation by the budget entity (determined in accordance with section 6). (b) Determination of Adjusted Expenditures.-- (1) In general.--The adjusted expenditures of the budget entity shall be determined in accordance with the following formula: AE = EXP + PT + REV. (2) Definition of terms in formula.--For purposes of the formula in paragraph (1)-- (A) AE is the adjusted expenditures; (B) EXP is the sum of all expenditures by the budget entity for agency activities; (C) PT is the sum of all pass-throughs identified by the budget entity under subsection (c); and (D) REV is the sum of all reversions identified by the budget entity under subsection (c). (c) Identification of Pass-Throughs and Reversions.--A budget entity may identify an amount as a pass-through or a reversion if the amount satisfies criteria established by the Director. SEC. 9. NONCOMPLIANCE. If the Director determines that a State government has failed, with respect to a Federal fiscal year, to file a sufficient and timely State fiscal accounting report under this Act, the Director shall so inform the head of each Federal department or agency. Each such head shall withhold 10 percent of any Federal financial assistance provided to the State government for the next Federal fiscal year. SEC. 10. RULES. The Director is authorized to make such rules as may be necessary to carry out this Act. SEC. 11. DEFINITIONS. In this Act: (1) The term ``State government'' means the government of each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (2) The term ``budget entity'' means a State agency or the State judiciary. (3) The term ``agency activity'' means major operational activities carried out by a budget entity. (4) The term ``Federal financial assistance'' has the meaning given such term in section 7501 of title 31, United States Code, and also includes any other amounts that the Director determines appropriate.

National Activity Based Total Accountability Act of 2010 - Requires each state government that receives federal financial assistance in a federal fiscal year to submit a state fiscal accounting report for such fiscal year to the Director of the Office of Management and Budget (OMB) that includes: (1) a one-page summary listing the total funding and expenditures of each budget entity of the state government; and (2) a unit-cost summary for each such entity that includes a statement of funds available, a line-item listing for each agency activity that the entity began, attempted, continued, or completed, and a reconciliation of funds available with adjusted expenditures. Sets forth formulae for determining unit-cost and adjusted expenditures. Requires the Director to: (1) publish each report on an OMB website; (2) ensure that such state reports use a standardized form that permits the comparison of information; (3) establish a uniform system for classifying programs and activities; (4) identify conduct for each agency activity that constitutes a completed instance of such activity; and (5) identify performance measures for each agency activity. Requires the Director to inform each federal agency if a state fails to file such report and requires the agency to withhold 10% of any federal financial assistance provided to such state for the next fiscal year.

To require State governments to submit fiscal accounting reports as a condition to the receipt of Federal financial assistance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hispanic Cultural Center Act of 1997''. SEC. 2. CONSTRUCTION OF A CENTER FOR PERFORMING ARTS. (a) Findings.--Congress makes the following findings: (1) The United States has an enriched legacy of Hispanic influence in politics, government, economic development, and cultural expression. (2) The Hispanic culture in what is now the United States can be traced to 1528 when a Spanish expedition from Cuba to Florida was shipwrecked on the Texas coast. (3) The Hispanic culture in New Mexico can be traced to 1539 when a Spanish Franciscan Friar, Marcos de Niza, and his guide, Estevanico, traveled into present day New Mexico in search of the fabled city of Cibola and made contact with the people of Zuni. (4) The Hispanic influence in New Mexico is particularly dominant and a part of daily living for all the citizens of New Mexico, who are a diverse composite of racial, ethnic, and cultural peoples. Don Juan de Onate and the first New Mexican families established the first capital in the United States, San Juan de los Caballeros, in July of 1598. (5) Based on the 1990 census, there are approximately 650,000 Hispanics in New Mexico, the majority having roots reaching back ten or more generations. (6) There are an additional 200,000 Hispanics living outside of New Mexico with roots in New Mexico. (7) The New Mexico Hispanic Cultural Center is a living tribute to the Hispanic experience and will provide all citizens of New Mexico, the Southwestern United States, the entire United States, and around the world, an opportunity to learn about, partake in, and enjoy the unique Hispanic culture, and the New Mexico Hispanic Cultural Center will assure that this 400-year old culture is preserved. (8) The New Mexico Hispanic Cultural Center will teach, showcase, and share all facets of Hispanic culture, including literature, performing arts, visual arts, culinary arts, and language arts. (9) The New Mexico Hispanic Cultural Center will promote a better cross-cultural understanding of the Hispanic culture and the contributions of individuals to the society in which we all live. (10) In 1993, the legislature and Governor of New Mexico created the Hispanic Cultural Division as a division within the Office of Cultural Affairs. One of the principal responsibilities of the Hispanic Cultural Division is to oversee the planning, construction, and operation of the New Mexico Hispanic Cultural Center. (11) The mission of the New Mexico Hispanic Cultural Center is to create a greater appreciation and understanding of Hispanic culture. (12) The New Mexico Hispanic Cultural Center will serve as a local, regional, national, and international site for the study and advancement of Hispanic culture, expressing both the rich history and the forward-looking aspirations of Hispanics throughout the world. (13) The New Mexico Hispanic Cultural Center will be a Hispanic arts and humanities showcase to display the works of national and international artists, and to provide a venue for educators, scholars, artists, children, elders, and the general public. (14) The New Mexico Hispanic Cultural Center will provide a venue for presenting the historic and contemporary representations and achievements of the Hispanic culture. (15) The New Mexico Hispanic Cultural Center will sponsor arts and humanities programs, including programs related to visual arts of all forms (including drama, dance, and traditional and contemporary music), research, literary arts, genealogy, oral history, publications, and special events such as, fiestas, culinary arts demonstrations, film video productions, storytelling presentations and education programs. (16) Phase I of the New Mexico Hispanic Cultural Center complex is scheduled to be completed by August of 1998 and is planned to consist of an art gallery with exhibition space and a museum, administrative offices, a restaurant, a ballroom, a gift shop, an amphitheater, a research and literary arts center, and other components. (17) Phase II of the New Mexico Hispanic Cultural Center complex is planned to include a performing arts center (containing a 700-seat theater, a stage house, and a 300-seat film/video theater), a 150-seat black box theater, an art studio building, a culinary arts building, and a research and literary arts building. (18) It is appropriate for the Federal Government to share in the cost of constructing the New Mexico Hispanic Cultural Center because Congress recognizes that the New Mexico Hispanic Cultural Center has the potential to be a premier facility for performing arts and a national repository for Hispanic arts and culture. (b) Definitions.--In this section: (1) Center.--The term ``Center'' means the Center for Performing Arts, within the complex known as the New Mexico Hispanic Cultural Center, which Center for the Performing Arts is a central facility in Phase II of the New Mexico Hispanic Cultural Center complex. (2) Hispanic cultural division.--The term ``Hispanic Cultural Division'' means the Hispanic Cultural Division of the Office of Cultural Affairs of the State of New Mexico. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (c) Construction of Center.--The Secretary shall award a grant to New Mexico to pay for the Federal share of the costs of the design, construction, furnishing, and equipping of the Center for Performing Arts that will be located at a site to be determined by the Hispanic Cultural Division, within the complex known as the New Mexico Hispanic Cultural Center. (d) Grant Requirements.-- (1) In general.--In order to receive a grant awarded under subsection (c), New Mexico, acting through the Director of the Hispanic Cultural Division-- (A) shall submit to the Secretary, within 30 days of the date of enactment of this section, a copy of the New Mexico Hispanic Cultural Center Program document dated January 1996; and (B) shall exercise due diligence to expeditiously execute, in a period not to exceed 90 days after the date of enactment of this section, the memorandum of understanding under paragraph (2) recognizing that time is of the essence for the construction of the Center because 1998 marks the 400th anniversary of the first permanent Spanish settlement in New Mexico. (2) Memorandum of understanding.--The memorandum of understanding described in paragraph (1) shall provide-- (A) the date of completion of the construction of the Center; (B) that Antoine Predock, an internationally recognized architect, shall be the supervising architect for the construction of the Center or any other architect subsequently named by the State; (C) that the Director of the Hispanic Cultural Division shall award the contract for architectural engineering and design services in accordance with the New Mexico Procurement Code; and (D) that the contract for the construction of the Center-- (i) shall be awarded pursuant to a competitive bidding process; and (ii) shall be awarded not later than 3 months after the solicitation for bids for the construction of the Center. (3) Federal share.--The Federal share of the costs described in subsection (c) shall be 50 percent. (4) Non-federal share.--The non-Federal share of the costs described in subsection (c) shall be in cash or in kind fairly evaluated, including plant, equipment, or services. The non-Federal share shall include any contribution received by New Mexico for the design, construction, furnishing, or equipping of Phase I or Phase II of the New Mexico Hispanic Cultural Center complex prior to the date of enactment of this section. The non-Federal share of the costs described in subsection (c) shall include the following: (A) $16,410,000 that was appropriated by the New Mexico legislature since January 1, 1993, for the planning, property acquisition, design, construction, furnishing, and equipping of the New Mexico Hispanic Cultural Center complex. (B) $116,000 that was appropriated by the New Mexico legislature for fiscal year 1995 for the startup and operating expenses of the New Mexico Hispanic Cultural Center. (C) $226,000 that was appropriated by the New Mexico legislature for fiscal year 1996 for the startup and operating expenses of the New Mexico Hispanic Cultural Center. (D) $442,000 that was appropriated by the New Mexico legislature for fiscal year 1997 for the startup and operating expenses of the New Mexico Hispanic Cultural Center. (E) $551,000 that was appropriated by the New Mexico legislature for fiscal year 1998 for the startup and operating expenses of the New Mexico Hispanic Cultural Center. (F) A 10.9-acre lot with a historic 22,000 square foot building donated by the Mayor and City Council of Albuquerque, New Mexico, to New Mexico for the New Mexico Hispanic Cultural Center. (G) 12 acres of ``Bosque'' land adjacent to the New Mexico Hispanic Cultural Center complex for use by the New Mexico Hispanic Cultural Center. (H) The $30,000 donation by the Sandia National Laboratories and Lockheed Martin Corporation to support the New Mexico Hispanic Cultural Center and the program activities of the New Mexico Hispanic Cultural Center. (e) Use of Funds for Design, Construction, Furnishing, and Equipment.--The funds received under a grant awarded under subsection (c) shall be used only for the design, construction, management, inspection, furnishing, and equipment of the Center. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section a total of $17,800,000 for fiscal year 1998 and succeeding fiscal years. Funds appropriated pursuant to the authority of the preceding sentence shall remain available until expended. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Hispanic Cultural Center Act of 1997 - Directs the Secretary of the Interior to award a grant to the State of New Mexico to pay for the Federal share (50 percent) of the costs of the design, construction, furnishing, and equipping of the Center for Performing Arts that will be located at a site to be determined by that State's Hispanic Cultural Division, within the complex known as the New Mexico Hispanic Cultural Center. Requires the Director of such Division, as a condition of such grant, to submit certain documents to the Secretary and to execute a specified memorandum of understanding. Authorizes appropriations.

Hispanic Cultural Center Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Education Assistance Act''. SEC. 2. ASSISTANCE TO SCHOOL DISTRICTS ENROLLING EVACUATED STUDENTS. (a) Purpose.--It is the purpose of this section to provide financial assistance to States and to local educational agencies that enroll significant numbers of students displaced by Hurricane Katrina or Rita. (b) Program Authorized.--(1) From the amount made available to carry out this section, the Secretary shall make grants to eligible entities to carry out the purpose of this section. (2) Each eligible entity desiring to receive a grant under this section shall-- (A) submit to the Secretary, on a quarterly basis, counts of its enrollment of displaced students; and (B) maintain records necessary to document its student enrollment counts. (c) Eligible Entity.--For the purposes of this section, the term ``eligible entity'' means-- (1) the State educational agencies of Louisiana, Mississippi, and Texas; (2) in any other State, a local educational agency that enrolls at least 10 students displaced by Hurricane Katrina or Rita; and (3) any school funded by the Bureau of Indian Affairs that enrolls at least 10 students displaced by Hurricane Katrina or Rita. (d) Length of Award.--(1) Each grant under this section shall be for the period of the 2005-2006 school year. (2) Each eligible entity shall return to the Secretary any funds awarded to it under this section that it does not obligate by the end of the grant period. (e) Quarterly Payments.--(1) The Secretary, as soon as feasible after receiving each of the quarterly enrollment counts from eligible entities under subsection (b)(2)(A), shall make payments to those entities. (2) The quarterly payments under paragraph (1) shall be calculated by multiplying-- (A) the number of displaced students enrolled in that quarter by the local educational agency or, in the case of Louisiana, Mississippi, and Texas, by all local educational agencies in the State; by (B) 90 percent of the average per-pupil expenditure for elementary and secondary education in the State in which the local educational agency is located (not to exceed $7,500), as determined by the Secretary using data from the most recent year for which satisfactory data are available; by (C) 25 percent. (3) If, for any quarter, the amount available to make payments under paragraph (1) is insufficient to pay the full amounts that eligible entities are eligible to receive under that paragraph, the Secretary shall ratably reduce the amount of those payments. (f) Within-State Allocations.--(1) The State educational agencies of Louisiana, Mississippi, and Texas shall distribute the funds they receive under subsection (e), on a quarterly basis, to eligible local educational agencies in the State. (2) The payments under paragraph (1) shall be calculated by-- (A) multiplying the local share of the per-child cost of education in the local educational agency; by (B) the number of displaced students in the local educational agency; or (C) an alternate methodology, approved by the Secretary, for the purpose of this subsection. (g) Remainder.--The State educational agencies of Louisiana, Mississippi, and Texas shall use any funds remaining after making grants under subsection (f) for activities to assist local educational agencies in which schools remain closed as a result of Hurricane Katrina or Rita to re-open those schools as quickly and effectively as possible. Such activities may include-- (1) arranging for temporary facilities necessary to operate educational programs during the time that permanent facilities are being rebuilt or repaired; (2) purchasing equipment and materials to replace those items destroyed or damaged by Hurricane Katrina or Rita; (3) paying the cost of student transportation; (4) recruiting or retraining teachers or other school staff to serve in re-opened schools; and (5) providing non-financial assistance to students and their families on their return to the affected areas and their re-enrollment in affected schools. (h) Uses of Funds.--Each local educational agency that receives funds under this section shall use those funds for expenses related to educating children enrolled in its schools, which may include-- (1) teacher and staff salaries; (2) building maintenance; (3) materials and equipment; (4) student transportation; (5) special services and instruction, such as-- (A) English language acquisition services and programs for students with limited English proficiency; (B) services for children with disabilities; and (C) mental-health counseling for children displaced by Hurricane Katrina or Rita; (6) after-school programs; (7) supplemental educational services; and (8) early childhood programs. (i) Accountability.--The State educational agencies of Louisiana, Mississippi, and Texas and any other eligible entity that receives funds under this section, shall take appropriate measures to ensure proper use of, and accounting for, all funds they receive under this section. (j) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $1,860,000,000 for fiscal year 2006. SEC. 3. ASSISTANCE FOR THE ENROLLMENT OF EVACUATED STUDENTS IN PRIVATE SCHOOLS. (a) Authority.--From funds available to carry out this section, the Secretary shall make one-time, emergency grants to State educational agencies to reimburse parents of students who were displaced by Hurricane Katrina or Rita and who are attending any private school in the State that is accredited or licensed or otherwise operates in accordance with State law. (b) Length of Award.--(1) An emergency grant to a State educational agency under this section shall be for the period of the 2005-2006 school year. (2) A State educational agency shall return to the Secretary any funds it receives under this section that it does not obligate by the end of the 2005-2006 school year. (c) Applications.--The State educational agency's application for an emergency grant shall include-- (1) the number of displaced students whose parents the State educational agency expects to reimburse under this section; and (2) a detailed description of the procedures the State educational agency plans to use to provide reimbursements to the parents of those students and to ensure fiscal accountability for any funds it receives under this section. (d) Amount of Grants.--(1) The amount of a State educational agency's emergency grant under this section shall be-- (A) the number of displaced students whose parents the State educational agency will reimburse, as determined by the Secretary; multiplied by (B) the amount described in section 1(e)(2)(B). (2) If the amount of funds available under this section is insufficient to award grants in the amounts determined under paragraph (1), the amount of each such grant shall be ratably reduced. (e) Uses of Funds.--Each State educational agency receiving an emergency grant under this section-- (1) shall use the grant funds to provide a reimbursement, once per semester (or lesser portion of the school year, if the State so decides), directly to the parents of displaced students, for the cost of those students' tuition, fees, and transportation expenses, if any, at any private school of their choice in the State for that semester (or lesser period); (2) shall ensure that parents who receive funds under this section use those funds only for the purposes described in paragraph (1); (3) may use not more than three percent of the amount provided under the grant for the administrative expenses of carrying out this section; and (4) may contract with a public or private nonprofit agency or entity to administer and operate the program authorized under this section. (f) Maximum Amount.-- (1) In general.--The maximum reimbursement that a State educational agency may provide to parents on behalf of an individual displaced student under this section is an amount equal to 90 percent of the State's per-pupil expenditure for elementary and secondary education, up to $7,500, but shall not exceed-- (A) the cost of tuition and fees (and transportation expenses, if any) at the private school at which the student is (or will be) enrolled; minus (B) any refund received by the parents if the student leaves the school. (2) Refund policy.--The State educational agency shall provide reimbursements under this section only to parents of displaced students enrolled in private schools that apply a refund policy to these students that is at least as favorable as the refund policy they apply to other students. (g) Limitation.--The Secretary shall establish criteria, including family income or assets, or both, to determine whether, and to what extent, families of displaced students are eligible for assistance under this section. (h) By-Pass.--If a State educational agency is unable or unwilling to carry out this section, the Secretary may make such arrangements as the Secretary finds appropriate to carry out this section on behalf of displaced students attending private schools in that State. (i) Rule of Construction.--Section 308 of the DC School Choice Incentive Act of 2003 shall apply to this section. (j) Termination of Authority.--The authority provided by this section shall terminate on June 30, 2006. (k) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $488,000,000 for fiscal year 2006. SEC. 4. DEFINITIONS. (a) As used in this Act, the following terms have the following meanings: (1) ESEA definitions.--The terms ``average per-pupil expenditure'', ``child'', ``county'', ``elementary school'', ``local educational agency'', ``other staff'', ``parent'', ``secondary school'', ``Secretary'', ``State'', and ``State educational agency'' have the meaning given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Affected area.--The term ``affected area'' means a county or parish, in a State, that has been designated by the Federal Emergency Management Agency for disaster assistance for individuals and households as a result of Hurricane Katrina or Rita. (3) Displaced student.--Except as provided in section 4(e)(2) of this Act, the term ``displaced student'' means a student who was formerly a resident of an affected area and, as a result of Hurricane Katrina or Rita, has enrolled in a public or private elementary or secondary school in a new community. SEC. 5. FEDERAL ADMINISTRATION. (a) From the funds made available to carry out this Act, the Secretary may reserve up to one percent for the costs of administering this Act. (b) The Secretary shall take such measures as the Secretary finds necessary to ensure proper use of, and accounting for, all funds made available under this Act, including provisions to ensure sound fiscal management of grant funds by grantees. SEC. 6. PROHIBITED USES OF FUNDS. Funds under this Act may not be used for-- (1) school construction (except for minor remodeling as otherwise authorized); or (2) expenses covered by the Federal Emergency Management Agency or private insurance. SEC. 7. REPORTS. Any grantee under this Act shall prepare and submit to the Secretary a final report, not later than 90 days after the termination of the grant period, that describes the activities carried out with the grant funds.

Hurricane Education Assistance Act - Directs the Secretary of Education to make grants for the 2005-2006 school year to eligible entities that serve students displaced by Hurricane Katrina or Hurricane Rita who enroll in elementary or secondary, including charter, schools served by or in such entities. Makes eligible for such grants: (1) the Louisiana, Mississippi, or Texas state educational agency; and (2) other states' local educational agencies, or schools funded by the Bureau of Indian Affairs, if they enroll at least 10 displaced students. Directs the Secretary to make one-time emergency grants to state educational agencies to reimburse parents or guardians of displaced students who are attending private schools in such states for the 2005-2006 school year. Prohibits use of funds under this Act for: (1) school construction, except for minor remodeling as otherwise authorized; or (2) expenses covered by the Federal Emergency Management Agency (FEMA) or private insurance.

To provide assistance for the education of elementary and secondary students.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bonus Depreciation Extension Act of 2014''. SEC. 2. EXTENSION OF BONUS DEPRECIATION. (a) In General.--Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``January 1, 2015'' in subparagraph (A)(iv) and inserting ``January 1, 2017'', and (2) by striking ``January 1, 2014'' each place it appears and inserting ``January 1, 2016''. (b) Special Rule for Federal Long-Term Contracts.--Clause (ii) of section 460(c)(6)(B) of such Code is amended by striking ``January 1, 2014 (January 1, 2015'' and inserting ``January 1, 2016 (January 1, 2017''. (c) Expansion of Election To Accelerate AMT Credits in Lieu of Bonus Depreciation.--Section 168(k)(4) of such Code is amended to read as follows: ``(4) Election to accelerate amt credits in lieu of bonus depreciation.-- ``(A) In general.--If a corporation elects to have this paragraph apply for any taxable year-- ``(i) paragraphs (1) and (2)(F)(i) shall not apply for such taxable year, ``(ii) the applicable depreciation method used under this section with respect to any qualified property shall be the straight line method, and ``(iii) the limitation imposed by section 53(c) for such taxable year shall be increased by the bonus depreciation amount which is determined for such taxable year under subparagraph (B). ``(B) Bonus depreciation amount.--For purposes of this paragraph-- ``(i) In general.--The bonus depreciation amount for any taxable year is an amount equal to 20 percent of the excess (if any) of-- ``(I) the aggregate amount of depreciation which would be allowed under this section for qualified property placed in service by the taxpayer during such taxable year if paragraph (1) applied to all such property, over ``(II) the aggregate amount of depreciation which would be allowed under this section for qualified property placed in service by the taxpayer during such taxable year if paragraph (1) did not apply to any such property. The aggregate amounts determined under subclauses (I) and (II) shall be determined without regard to any election made under subsection (b)(2)(D), (b)(3)(D), or (g)(7) and without regard to subparagraph (A)(ii). ``(ii) Limitation.--The bonus depreciation amount for any taxable year shall not exceed the lesser of-- ``(I) 50 percent of the minimum tax credit under section 53(b) for the first taxable year ending after December 31, 2013, or ``(II) the minimum tax credit under section 53(b) for such taxable year determined by taking into account only the adjusted minimum tax for taxable years ending before January 1, 2014 (determined by treating credits as allowed on a first-in, first-out basis). ``(iii) Aggregation rule.--All corporations which are treated as a single employer under section 52(a) shall be treated-- ``(I) as 1 taxpayer for purposes of this paragraph, and ``(II) as having elected the application of this paragraph if any such corporation so elects. ``(C) Credit refundable.--For purposes of section 6401(b), the aggregate increase in the credits allowable under part IV of subchapter A for any taxable year resulting from the application of this paragraph shall be treated as allowed under subpart C of such part (and not any other subpart). ``(D) Other rules.-- ``(i) Election.--Any election under this paragraph may be revoked only with the consent of the Secretary. ``(ii) Partnerships with electing partners.--In the case of a corporation which is a partner in a partnership and which makes an election under subparagraph (A) for the taxable year, for purposes of determining such corporation's distributive share of partnership items under section 702 for such taxable year-- ``(I) paragraphs (1)(A) and (2)(F)(i) shall not apply, and ``(II) the applicable depreciation method used under this section with respect to any qualified property shall be the straight line method. ``(iii) Certain partnerships.--In the case of a partnership in which more than 50 percent of the capital and profits interests are owned (directly or indirectly) at all times during the taxable year by 1 corporation (or by corporations treated as 1 taxpayer under subparagraph (B)(iii)), each partner shall compute its bonus depreciation amount under clause (i) of subparagraph (B) by taking into account its distributive share of the amounts determined by the partnership under subclauses (I) and (II) of such clause for the taxable year of the partnership ending with or within the taxable year of the partner. ``(iv) Special rule for passenger aircraft.--In the case of any passenger aircraft, the written binding contract limitation under paragraph (2)(A)(iii)(I) shall not apply for purposes of subparagraph (B)(i)(I).''. (d) Conforming Amendments.-- (1) The heading for subsection (k) of section 168 of such Code is amended by striking ``January 1, 2014'' and inserting ``January 1, 2016''. (2) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking ``pre-january 1, 2014'' and inserting ``pre-january 1, 2016''. (3) Subparagraph (C) of section 168(n)(2) of such Code is amended by striking ``January 1, 2014'' and inserting ``January 1, 2016''. (4) Subparagraph (D) of section 1400L(b)(2) of such Code is amended by striking ``January 1, 2014'' and inserting ``January 1, 2016''. (5) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking ``January 1, 2014'' and inserting ``January 1, 2016''. (e) Technical Amendment Relating to Section 331 of the American Taxpayer Relief Act of 2012.--Clause (iii) of section 168(k)(4)(J) of such Code is amended by striking ``any taxable year'' and inserting ``its first taxable year''. (f) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this subsection shall apply to property placed in service after December 31, 2013. (2) Expansion of election to accelerate amt credits in lieu of bonus depreciation.-- (A) In general.--The amendment made by subsection (c) (other than so much of such amendment as relates to section 168(k)(4)(D)(iii) of such Code, as added by such amendment) shall apply to taxable years ending after December 31, 2013. (B) Transitional rule.--In the case of a taxable year beginning before January 1, 2014, and ending after December 31, 2013, the bonus depreciation amount determined under section 168(k)(4) of such Code for such year shall be the sum of-- (i) such amount determined without regard to the amendments made by this section and-- (I) by taking into account only property placed in service before January 1, 2014, and (II) by multiplying the limitation under section 168(k)(4)(C)(ii) of such Code (determined without regard to the amendments made by this section) by a fraction the numerator of which is the number of days in the taxable year before January 1, 2014, and the denominator of which is the number of days in the taxable year, and (ii) such amount determined after taking into account the amendments made by this section and-- (I) by taking into account only property placed in service after December 31, 2013, and (II) by multiplying the limitation under section 168(k)(4)(B)(ii) of such Code (as amended by this section) by a fraction the numerator of which is the number of days in the taxable year after December 31, 2013, and the denominator of which is the number of days in the taxable year. (3) Technical amendment.--The amendment made by subsection (e) shall take effect as if included in the provision of the American Taxpayer Relief Act of 2012 to which it relates.

Bonus Depreciation Extension Act of 2014 - Amends the Internal Revenue Code to extend: (1) through 2015, the additional 50% depreciation allowance (bonus depreciation) for business property (through 2016, for property having longer production periods and for transportation property); and (2) the election to increase the alternative minimum tax (AMT) credit in lieu of bonus depreciation by extending to January 1, 2016, the placed-in-service requirement for property eligible for such election (January 1, 2017, for property having longer production periods and for transportation property).

Bonus Depreciation Extension Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Decedent's Family Relief Act of 1995''. SEC. 2. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J). (2) Conforming amendments.--Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendments.--Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)'', respectively. (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which she remarries or''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which he remarries''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which such parent marries, or such parent''. (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with the month preceding the earlier of'' and by striking the comma after ``216(l))''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). SEC. 3. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(y) The amount of any individual's monthly insurance benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (b) Disability Insurance Benefits.--Section 223 of such Act (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(j) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(i) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. SEC. 4. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM PROVISIONS. Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is amended by adding at the end the following new paragraph: ``(10) Notwithstanding any other provision of this Act, in applying the preceding provisions of this subsection (and determining maximum family benefits under column V of the table in or deemed to be in section 215(a) as in effect in December 1978) with respect to the month in which the insured individual's death occurs, the benefit payable to such individual for that month shall be disregarded.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after the month in which this Act is enacted.

Social Security Decedent's Family Relief Act of 1995 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to continue an individual's entitlement to benefits through the month of his or her death, without affecting any other person's entitlement to benefits for that month. Provides that such individual's benefit shall be payable for such month only in proportion to the number of days in such month preceding the date of such individual's death. Provides for disregard of such benefits for the individual for the month of death under provisions for determining maximum family benefits.

Social Security Decedent's Family Relief Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Monroe National Historical Park Establishment Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Commonwealth.--The term ``Commonwealth'' means-- (A) the Commonwealth of Virginia; or (B) any management entity or political subdivision established by the Commonwealth for the planning, management, and reuse of land, buildings, or structures reverting to or conveyed to the Commonwealth as a result of the Base Realignment land closures process of 2005 affecting the Fort. (2) Fort.--The term ``Fort'' means the third system fortification historically referred to as ``Fortress Monroe'', including-- (A) the moat; and (B) the land and improvements within the Fort and adjacent to the outside perimeter of the moat. (3) Historic area.--The term ``historic area'' means the Fort Monroe National Historic Landmark located outside the boundary of the Park. (4) Historic resources.--The term ``historic resources'' means any land, cultural landscapes, buildings, or structures that are-- (A) located within the Fort; or (B) adjacent to the Fort within the connecting road system formed by Fenwick Road, Ingalls Road, Murray Road, Patch Road, Griffith Street, and Bomford Lane. (5) Management plan.--The term ``management plan'' means the general management plan for the Park developed under section (4)(i). (6) Map.--The term ``map'' means the map entitled ``Fort Monroe National Historical Park Proposed Boundary'', numbered 250/107,111, and dated June 24, 2011. (7) Natural and recreational resources.--The term ``natural and recreational resources'' means any land and submerged land lying within, and associated with, the North Beach area of the Fort, as depicted on the map. (8) Park.--The term ``Park'' means the Fort Monroe National Historical Park established by section (3)(a). (9) Project.--The term ``project'' means any activity, restoration, rehabilitation, interpretive exhibit or device, or physical improvement for which Federal funds have been expended. (10) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FORT MONROE NATIONAL HISTORICAL PARK. (a) Establishment.--There is established in the Commonwealth a unit of the National Park System, to be known as the ``Fort Monroe National Historical Park''. (b) Purposes.--The purposes of the Park are-- (1) to preserve the historic resources and natural and recreational resources; (2) to provide land and water-based recreational opportunities at the Park; and (3) to interpret for the benefit of present and future generations-- (A) Old Point Comfort, including recognizing-- (i) the relationship of Old Point Comfort to the voyages of Captain John Smith; (ii) the location of Old Point Comfort as the first entry place of captive Africans into English North America; (iii) the use of Old Point Comfort for successive fortifications; and (iv) the role of Old Point Comfort in the War of 1812; (B) the development and use of the Fort as a coastal defense facility and artillery training center, including providing information on the military and community life at Fort Monroe; (C) the role of the Fort in the Civil War, including-- (i) the use of the Fort as a haven for individuals escaping enslavement during the Civil War; and (ii) the formation and service of U.S. Colored Troop units stationed at Fort Monroe; (D) persons and events associated with the Fort that contributed to the history of the Fort and the United States, including the relevance of those persons and events to modern society; and (E) the natural and recreational resources associated with the Fort. (c) Boundary.--The Park shall be comprised of the Fort, the historic resources, and the natural and recreational resources, as generally depicted on the map. (d) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall administer the Park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the National Park Service Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) Federal, State, and Local Jurisdiction.-- (1) Effect on federal authority.--Except as otherwise provided in this Act, nothing in this Act enlarges, diminishes, or modifies any authority of the United States to carry out Federal laws (including regulations) on Federal land located within the boundary of the Park. (2) Effect on state and local authority.--Nothing in this Act enlarges, diminishes, or modifies any authority of the Commonwealth or any political subdivision of the Commonwealth-- (A) to exercise civil and criminal jurisdiction within the Park, unless an agreement for concurrent jurisdiction is executed that modifies the jurisdiction of the Commonwealth or political subdivision of the Commonwealth with respect to the Park; or (B) to carry out Commonwealth laws, regulations, and rules on non-Federal land located within the boundary of the Park. (c) No Net Loss of Commonwealth-Owned Buildings and Structures.--In the case of the loss or authorized demolition of buildings or structures within the Fort Monroe National Historic Landmark, replacement of the square footage from the loss or demolition shall be permitted if the construction complies with-- (1) the Secretary of the Interior's Standards for the Treatment of Historic Properties under part 68 of title 36, Code of Federal Regulations (or successor regulations); and (2) section 106 of the National Historic Preservation Act (16 U.S.C. 470f). (d) Authorization of Ex-Officio Appointments.--The Superintendent of the Park may serve as an ex-officio member of any board or committee affecting the Fort that the Secretary determines would-- (1) be beneficial to the preservation of Park resources; and (2) further the interpretive or educational purposes of the Park. (e) Cooperative Agreements and Visitor Services.-- (1) In general.--Subject to the provisions of this section and as the Secretary determines to be appropriate to carry out this section, the Secretary may enter into cooperative agreements with the Commonwealth or any other party, under which the Secretary may identify, interpret, and provide assistance for the preservation of non-Federal properties within the boundary of the Park or in the historic area, including providing for the placement of directional and interpretive signage, wayside exhibits, and technology-based interpretive devices. (2) Limitations.--The Secretary shall not enter into any cooperative agreement under this subsection until the Secretary-- (A) determines that-- (i) sufficient historic resources and natural and recreational resources have been acquired to constitute a manageable unit; and (ii) easements have been acquired on the remaining historic resources and natural and recreational resources within the boundary of the Park sufficient to ensure the integrity of the historic resources and natural and recreational resources of the Park; and (B) has entered into a written agreement with the Commonwealth providing-- (i) for an effective process for ensuring that the future uses of historic resources and natural and recreational resources within and adjacent to the boundary of the Park will be compatible with the designation of the Park as a unit of the National Park System; and (ii) as cooperatively determined between the Secretary and the Commonwealth, contributions to be made by any other party for sharing with the Commonwealth and the Secretary the costs of, maintenance and utilities necessary for the operation and maintenance of the Park. (3) Adaptive reuse.--Nothing in this Act inhibits the Commonwealth from providing for the adaptive reuse of the interior of any non-federally owned historic resource for such compatible uses determined under subsection (e)(2)(B) that are conducted in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties under part 68 of title 36, Code of Federal Regulations (or successor regulations). (4) Joint visitor services facilities.--If the Secretary determines that the visitor experience to the Park would be enhanced and result in cost efficiencies, the Secretary may-- (A) provide not more than 50 percent of the costs of designing and rehabilitating non-federally owned structures or buildings in the Park, or within the historic area, for Park operations and visitor services, including the design, construction, and installation of exhibits for the Park; and (B) jointly operate and maintain the facilities with the Commonwealth. (5) Fort monroe foundation.--The Secretary may enter into a partnership agreement with the Fort Monroe Foundation that would benefit the preservation and interpretation of resources within the Park. (6) Terms and conditions of agreements.--Any cooperative agreement entered into under paragraph (1) shall include terms and conditions that ensure that-- (A) the Secretary, acting through the Director of the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by the agreement for the purposes of-- (i) conducting visitors through the properties; and (ii) interpreting the properties for the public; (B) no changes or alterations shall be made to any properties covered by a cooperative agreement entered into under paragraph (1) unless the Secretary and the other party to the agreement agree to the changes or alterations; and (C) any conversion, use, or disposal of a project for purposes contrary to the purposes of this section, as determined by the Secretary, shall entitle the United States to reimbursement in an amount equal to the greater of-- (i) the amounts made available to the project by the United States; or (ii) the portion of the increased value of the project attributable to the amounts made available under this subsection, as determined at the time of the conversion, use, or, disposal. (7) Cost-sharing requirement.-- (A) In general.--Except as provided in subparagraph (B), the Secretary shall require, as a condition of the receipt of funds under paragraph (1), that any Federal funds made available under a cooperative agreement or for joint visitor services facilities shall be matched on an equal basis by non-Federal funds. (B) Exceptions.--The cost-sharing requirement under subparagraph (A) shall not apply to the costs incurred for placing directional and interpretive signage, wayside exhibits, and technology-based interpretive devices as provided for in paragraph (1). (C) Form of non-federal share.--With the approval of the Secretary, the non-Federal share required under paragraph (1) may be in the form of property, goods, or services from a non-Federal source, fairly valued. (f) Acquisition of Land.-- (1) In general.--The Secretary may acquire land or interests in land within the boundary of the Park by donation, purchase from a willing seller with donated or appropriated funds, or exchange. (2) Priority.--The Secretary shall give priority to the acquisition of land or interests in land under this subsection in the following properties: (A) The Old Headquarters Building (Building #1). (B) The Bachelors Officers Quarters (Building #50). (C) Lee's Quarters (Building #17). (D) The Parade Ground. (E) Casemate #22. (F) The North Beach and associated submerged land as depicted on the map. (G) A right of way appropriate to the cultural and natural resource Park setting for public access between the Fort and the North Beach area as depicted on the map, or in a location agreed upon by the Secretary and the Commonwealth. (3) Donation of commonwealth-owned land.--Land or interests in land owned by the Commonwealth or any political subdivision of the Commonwealth may only be acquired by donation. (4) Easements and rights of access.--The Commonwealth may retain, or the Secretary may grant, such easements or rights of access as may be necessary for the maintenance and operations of utilities, infrastructure, and transportation in the Park, subject to a determination by the Secretary that there would be no impairment to Park resources or impacts on visitor experiences in the Park as a result of the easements or rights of access. (g) Technical Assistance and Public Interpretation.-- (1) In general.--The Secretary may provide technical assistance and public interpretation of resources within the historic area and at any sites in close proximity to the Park outside of the historic area that are related to events or persons associated with the Fort, including encampments or cemeteries of formerly enslaved persons freed at the Fort during the Civil War. (2) Coordination.--The Secretary may provide for the coordination of interpretation between the Park and the Captain John Smith Chesapeake National Historic Trail for any resources within the boundary of the Park relating to the trail. (h) Old Point Comfort Lighthouse.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Homeland Security shall enter into an interagency agreement for the long-term protection and public interpretation of the Old Point Comfort Lighthouse. (2) Circumstances of agreement.--The agreement shall specify the circumstances under which the Secretary may provide for interpretation and visitor enjoyment of the Old Point Comfort Lighthouse and the grounds of the Old Point Comfort Lighthouse. (3) No limitations on authority.--Nothing in this subsection limits the authority of the Secretary of Homeland Security to use the Old Point Comfort Lighthouse for navigational or national security purposes. (i) Management Plan.-- (1) In general.--Not later than 3 fiscal years after the date on which funds are first made available to carry out this Act, the Secretary, in consultation with the Commonwealth, shall complete a general management plan for the Park in accordance with-- (A) section 12(b) of the National Park System General Authorities Act (16 U.S.C. 1a-7(b)); and (B) any other applicable laws. (2) Consideration of commonwealth laws, plans and agreements.--In developing the management plan, the Secretary shall consider-- (A) the Fort Monroe Reuse Plan; (B) the Fort Monroe Programmatic Agreement dated April 27, 2009 (and any amendments to the agreement); and (C) the State of Virginia Fort Monroe Authority Act. (3) Cost-sharing provisions.--The management plan shall include provisions that identify any costs to be shared by the Federal Government and the Commonwealth or other public or private entities or individuals for necessary capital improvements to, and maintenance and operations of, the Park. (j) Limitation of Liability.--Except as mutually agreed upon in writing, the National Park Service and the Commonwealth shall not be responsible for liabilities outside of their respective property ownerships. (k) Uniform and Consistent Management.--The Secretary may cooperate with the Commonwealth to ensure that the Park is preserved, maintained, and operated in a uniform and consistent manner. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Fort Monroe National Historical Park Establishment Act of 2011 - Establishes the Fort Monroe National Historical Park as a unit of the National Park System in Virginia. Authorizes the Secretary of the Interior to enter into cooperative agreements with the Commonwealth of Virginia or any other party under which the Secretary may identify, interpret, and provide assistance for the preservation of non-federal properties within the boundary of the Park or in the historic area. Authorizes the Secretary to enter into a partnership agreement with the Fort Monroe Foundation that would benefit the preservation and interpretation of resources within the Park. Authorizes the Secretary to provide technical assistance and public interpretation of resources within the historic area and at any sites in close proximity to the Park outside of such area that are related to events or persons associated with the Fort , including encampments and cemeteries of formerly enslaved persons freed at the Fort during the Civil War. Allows the Secretary to provide for the coordination of interpretation between the Park and the Captain John Smith Chesapeake National Historic Trail for any resources within the Park that may relate to the Trail. Directs the Secretary and the Secretary of Homeland Security (DHS) to enter into an interagency agreement for the long-term protection and public interpretation of the Old Point Comfort Lighthouse. Requires the Secretary to complete a general management plan for the Park.

A bill to authorize the Secretary of the Interior to establish Fort Monroe National Historical Park in the Commonwealth of Virginia, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Humanitarian Relief to Cuba Act''. (b) Findings.--Congress makes the following findings: (1) Hurricane Gustav, which struck Cuba on September 1, 2008, was the worst hurricane to hit the island of Cuba in over 50 years. The Category Four storm displaced over 400,000 Cubans and damaged or destroyed 130,000 homes and caused severe damage to infrastructure. (2) Hurricane Ike, which made landfall on Cuba on September 7, 2008, forced the evacuation of over 2,500,000 Cubans, damaged an additional 100,000 structures, and damaged local infrastructure. (3) The number of Cubans left homeless is expected to reach 100,000, and the total economic losses of Hurricanes Gustav and Ike are expected to reach upwards of $10,000,000,000, with serious damage done to the island's agricultural industry. (4) In the wake of past natural disasters, the United States eased restrictions to mobilize the generous spirit of many thousands of Americans by allowing humanitarian aid originating from the United States to be transported directly to Cuba to the benefit of the Cuban people. (5) Allowing the people of the United States to assist the Cuban people in reclaiming their lives and livelihoods following a major natural disaster just 90 miles from the United States is an important aspect of United States national security and defense policy. SEC. 2. EASING OF RESTRICTIONS ON TRAVEL TO CUBA FOR A PERIOD OF 180 DAYS. (a) In General.-- (1) Freedom of travel for united states citizens and certain other persons to visit family members in cuba.--For the 180-day period beginning on the date of the enactment of this Act, the President may not prohibit or regulate, directly or indirectly-- (A) travel to or from Cuba by United States citizens or any person subject to the jurisdiction of the United States with family currently residing in Cuba; or (B) any of the transactions incident to such travel that are described in paragraph (2). (2) Transactions incident to travel.--The transactions referred to in paragraph (1) are-- (A) any transaction ordinarily incidental to travel to or from Cuba, including the importation into Cuba or the United States of accompanied baggage for personal or family use only; (B) any transaction ordinarily incident to travel to or maintenance within Cuba, including the payment of living expenses and the acquisition of goods or services for personal and family use only; and (C) any transaction ordinarily incident to the arrangement, promotion, or facilitation of scheduled and nonscheduled travel to, from, or within Cuba, including lodging and meals in an amount not to exceed the per diem amount authorized under chapter 57 of title 5, United States Code. (b) Supersedes Other Provisions.--This section supersedes any other provision of law, including section 102(h) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)). (c) Effective Date.--This section applies to actions taken by the President before the date of the enactment of this Act that are in effect on such date and to actions taken on or after such date during the 180-day period beginning on such date of enactment. SEC. 3. EASING RESTRICTIONS ON REMITTANCES FOR A PERIOD OF 180 DAYS. (a) In General.--Except as provided in subsection (b), for the 180- day period beginning on the date of the enactment of this Act, the Secretary of the Treasury may not limit the amount of remittances to Cuba that may be made by any person who is subject to the jurisdiction of the United States, and the Secretary shall rescind, for such 180-day period, all regulations in effect on the date of enactment of this Act that so limit the amount of those remittances. (b) Statutory Construction.--Nothing in subsection (a) may be construed to prohibit the prosecution or conviction of any person committing an offense described in section 1956 of title 18, United States Code (relating to the laundering of monetary instruments), or section 1957 of such title (relating to engaging in monetary transactions in property derived from specific unlawful activity). SEC. 4. EASING RESTRICTIONS ON GIFT OR RELIEF PACKAGES FOR 180 DAYS. (a) In General.--Except as provided in subsection (d), for the 180- day period beginning on the date of the enactment of this Act, the President may not limit the size, quantity or frequency, or the carrying, transporting or shipping of personal gift items and relief supplies (not for sale or resale) that are eligible to be shipped through existing or new mechanisms established expressly for the delivery of such packages. Such items and supplies may be sent to Cuba by any person who is subject to the jurisdiction of the United States and the President shall rescind, for such 180-day period, all regulations in effect on the date of the enactment of this Act that so limit such items. (b) Personal Gift Items.--For purposes of this section, the term ``personal gift items'' includes goods intended to improve the daily life of the Cuban people, including clothing, medication, foodstuffs, personal hygiene items, and other daily necessities. (c) Relief Supplies.--For the purposes of this section, the term ``relief supplies'' means any item intended to provide temporary or permanent comfort or shelter to hurricane victims in Cuba, or intended to facilitate repairs to personal dwellings in Cuba damaged during the 2008 hurricane season. (d) Statutory Construction.--Nothing in subsection (a) may be construed to prohibit the prosecution or conviction of any person committing an offense described in section 1956 of title 18, United States Code (relating to the laundering of monetary instruments), or section 1957 of such title (relating to engaging in monetary transactions in property derived from specific unlawful activity).

Humanitarian Relief to Cuba Act - Prohibits for 180 days from the enactment of this Act: (1) the President from prohibiting or regulating travel to or from Cuba, or certain transactions incident to such travel, by a U.S. citizen or any person subject to U.S. jurisdiction with family residing in Cuba; (2) the President from limiting the size, quantity or frequency, or the carrying or shipping of, personal gift items and relief supplies by any person subject to U.S. jurisdiction that are eligible to be so shipped or delivered; and (3) the Secretary of the Treasury from limiting the amount of remittances to Cuba that may be made by any person subject to U.S. jurisdiction.

To facilitate the provision of humanitarian relief to Cuba.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Research Protection and Promotion Act of 2000''. SEC. 2. ESTABLISHMENT OF INDEPENDENT OFFICE FOR PROTECTION OF HUMAN RESEARCH SUBJECTS. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXVIII--PROTECTION OF HUMAN RESEARCH SUBJECTS ``SEC. 2801. OFFICE FOR PROTECTION OF HUMAN RESEARCH SUBJECTS. ``(a) In General.--There is established as an independent establishment in the executive branch an office to be known as the Office for Protection of Human Research Subjects (in this title referred to as the `Office'), which shall be headed by a director appointed by the President. ``(b) Protection of Subjects.-- ``(1) In general.--The Director of the Office shall by regulation establish criteria for the protection of human subjects in research conducted, supported, or otherwise subject to regulation by the Federal Government (in this title referred to as `Federal research projects'), including provisions regarding the informed consent of individuals to serve as such subjects. ``(2) Regulations.-- ``(A) In general.--In the case of covered Federal agencies under subsection (c)-- ``(i) regulations promulgated under paragraph (1) by the Director of the Office supersede all regulations for criteria described in such paragraph that were in effect on the day before the date of the enactment of the Human Research Protection and Promotion Act of 2000, subject to subparagraph (B); and ``(ii) on and after such date of enactment, the Director of the Office has exclusive authority to issue regulations for criteria described in paragraph (1). ``(B) Certain regulations.--Effective on the date of the enactment of the Human Research Protection and Promotion Act of 2000, all provisions of part 46 of title 45, Code of Federal Regulations, are deemed to have been promulgated under paragraph (1) by the Director of the Office. Subject to subsection (c), such provisions continue to be in effect, and such provisions may be modified by the Director of the Office by regulation. ``(c) Applicability of Regulations.-- ``(1) Covered federal agencies.--Except as provided in paragraphs (2) through (4), regulations under subsection (b) apply-- ``(A) to each Federal agency that, as of October 1, 1999, was subject to the policy under subpart A of part 46 of title 45, Code of Federal Regulations (including Federal agencies that, pursuant to section 101(a) of such part, were subject to such policy by reason of having taken appropriate administrative action); and ``(B) to each Federal agency that takes appropriate administrative action after October 1, 1999, to provide that regulations under subsection (b) apply to the agency. ``(2) Exemptions.--The Director of the Office may by regulation exempt any Federal research project from the applicability of regulations under subsection (b). Exemptions under the preceding sentence may be established for a specified project or for categories of projects, including a category providing that all Federal research projects of an agency are exempt. ``(3) Other exemptions.--The exemptions described in section 46.101(b) of title 45, Code of Federal Regulations, as of the date of the enactment of the Human Research Protection and Promotion Act of 2000 continue to be in effect unless modified by the Director of the Office. ``(4) Certain regulations.--In the case of a covered Federal agency that, as of the date of the enactment of the Human Research Protection and Promotion Act of 2000, was not subject to the provisions of subparts B through D of part 46 of title 45, Code of Federal Regulations, the applicability of such provisions to Federal research projects of the agency pursuant to paragraph (1) is subject to the condition that such provisions apply only to Federal research projects of the agency that are approved on or after such date of enactment. ``(d) Consultations.--In making any modifications to regulations under subsection (b), the Director of the Office shall consult with the other members of the Interagency Committee under section 2803. ``SEC. 2802. INSTITUTIONAL REVIEW BOARDS; ETHICS GUIDANCE PROGRAM. ``(a) In General.--In carrying out section 2801(b), the Director of the Office shall comply with the following: ``(1) The Director shall require that each entity that applies to carry out a Federal research project under a grant, contract, or cooperative agreement from a covered Federal agency submit in or with its application for such grant, contract, or cooperative agreement assurances satisfactory to the Director that the entity has established a board, to be known as an Institutional Review Board, to review such projects at or supported by the entity in order to protect the rights of the human subjects in such projects. ``(2) The Director shall establish a program under which requests for clarification and guidance with respect to ethical issues raised in connection with Federal research projects are responded to promptly and appropriately. ``(3) The Director shall establish a process for the prompt and appropriate response to information provided to any Federal agency regarding violations of the rights of human subjects in Federal research project. The process shall include procedures for receiving reports regarding possible violations and for taking appropriate action with respect to such violations. ``(b) Certain Institutional Review Boards.--Any board that, on the day before the date of the enactment of the Human Research Protection and Promotion Act of 2000, was considered to be an Institutional Review Board under section 491(a) of this Act (as in effect on such day) shall be considered to be an Institutional Review Board that meets the requirements of subsection (a) of this section unless notified otherwise by the Director of the Office. ``SEC. 2803. INTERAGENCY COORDINATING COMMITTEE. ``(a) In General.--The Director of the Office shall establish a committee to be known as the Interagency Coordinating Committee on Protection of Human Research Subjects (in this title referred to as the `Interagency Committee'). ``(b) Duties.--The Interagency Committee shall develop recommendations on carrying out this title, including recommendations on coordinating the administration of regulations under section 2801(b) at the various Federal agencies with responsibilities regarding Federal research projects. ``(c) Composition; Chair.--The Interagency Committee shall be composed of the Director of the Office and the heads of covered Federal agencies (or the designees of the Director of the Office and the agency heads). The Director of the Office (or the designee of the Director) shall serve as the chair of the Interagency Committee. ``(d) Review of Regulations; Report to Congress.-- ``(1) In general.--Not later than one year after the date of the enactment of the Human Research Protection and Promotion Act of 2000, the Interagency Committee-- ``(A) shall complete a review of regulations under section 2801(b), including a review of-- ``(i) regulations deemed to have been promulgated by the Director of the Office pursuant to section 2801(b)(2)(B); and ``(ii) the exemptions referred to in section 2801(c)(3); ``(B) shall make such recommendations regarding the regulations as the Interagency Committee determines to be appropriate; and ``(C) shall submit to the congressional committees specified in paragraph (2) a report describing the activities carried out under subparagraph (A) and any recommendations regarding such regulations. ``(2) Congressional committees.--The congressional committees referred to in paragraph (1)(C) are the Committee on Commerce and the Committee on Government Reform in the House of Representatives, and the Committee on Health, Education, Labor, and Pensions in the Senate. ``SEC. 2804. CERTAIN ADMINISTRATIVE AUTHORITIES. ``In carrying out this title, the Director of the Office-- ``(1) may appoint and fix the compensation of officers and employees for the Office in accordance with chapter 51 of title 5, United States Code, and subchapter III of chapter 53 of such title; ``(2) may acquire, without regard to the Act of March 3, 1877 (40 U.S.C. 34), by lease or otherwise through the Administrator of General Services, buildings or portions of buildings in the District of Columbia or communities located adjacent to the District of Columbia for use for a period not to exceed 10 years; ``(3) may enter into contracts, subject to the availability of amounts made available in appropriations Act, including contracts for financial and administrative services (such as budget and accounting, financial reporting, personnel, and procurement) with the General Services Administration, or such other Federal agencies as the Director of the Office determines to be appropriate; ``(4) may use, with their consent, the services, equipment, personnel, information, and facilities of other Federal, State, or local public agencies, with or without reimbursement; ``(5) may in accordance with section 3109 of title 5, United States Code, obtain the assistance and advice of experts and consultants; and ``(6) may accept voluntary and uncompensated services. ``SEC. 2805. DEFINITIONS. For purposes of this title: ``(1) The term `agency' has the meaning given the term `Executive agency' in section 105 of title 5, United States Code. ``(2) The term `by regulation' refers to rulemaking in accordance with the procedures described in section 553 of title 5, United States Code, for substantive rules (including notice and comment procedures). ``(3) The term `covered Federal agency' means a Federal agency described in section 2801(c)(1). ``(4) The term `Federal research projects' has the meaning indicated for such term in section 2801(b)(1). ``(5) The term `Interagency Committee' has the meaning indicated for such term in section 2803(a). ``(6) The term `Office' has the meaning indicated for such term in section 2801(a).''. SEC. 3. CONFORMING PROVISIONS. (a) Repeal.--Section 491 of the Public Health Service Act (42 U.S.C. 289) is repealed. (b) Rule of Construction.--With respect to a covered Federal agency as defined in title XXVIII of the Public Health Service Act, as added by the amendment made by section 2-- (1) such amendment does not terminate any office or other administrative unit in such an agency that before the date of the enactment of this Act was established with respect to the protection of human subjects in research conducted, supported, or otherwise subject to regulation by the Federal Government; and (2) on and after the date of the enactment of this Act such an office or unit has only such duties as may be assigned by the Director of the Office for Protection of Human Research Subjects under such title XXVIII, after consultation with the head of the agency within which the office or unit is established, and the Director may terminate the office or unit, after consultation with such agency head.

Requires the Office Director to establish criteria by regulation for the protection of human subjects in research conducted, supported, or otherwise subject to regulation by the Federal Government (Federal research projects). Provides that in the case of covered agencies: (1) such regulations supersede all regulations for such criteria that were in effect before this Act's enactment date; and (2) the Director has exclusive authority to issue such regulations after such date. Deems current regulations to have been promulgated by the Director and authorizes their continuation or modification by the Director. Applies such regulations to each Federal agency that: (1) as of October 1, 1999, was subject to the basic policy under current regulations for protection of human research subjects; and (2) takes appropriate administrative action after such date to provide that regulations under this Act apply to the agency. Authorizes the Director to exempt any Federal research project from such regulations. Continues exemptions under current regulations unless modified by the Director. Applies the following provisions under existing regulations to Federal research projects of an agency that currently is not subject to such provisions only to projects that are approved after this Act's enactment date: (1) additional protections pertaining to research, development, and related activities involving fetuses, pregnant women, and human in vitro fertilization; (2) additional protections pertaining to biomedical and behavioral research involving prisoners as subjects; and (3) additional protections pertaining to children as research subjects. Sets forth provisions similar to those under existing law that require entities applying to carry out Federal research projects to establish institutional review boards, but replaces the authority of the Secretary of Health and Human Services with that of the Director. Continues the existence of current institutional review boards that meet this Act's requirements. Requires the Director to establish an Interagency Coordinating Committee on Protection of Human Research Subjects to develop recommendations on carrying out this Act, review regulations, and report to specified congressional committees. Provides that, after this Act's enactment, any office or unit within an agency that was established for the protection of human research subjects in Federal research has only such duties as may be assigned by the Director and authorizes the Director to terminate such office or unit.

Human Research Protection and Promotion Act of 2000

SECTION 1. TRANSFER OF LAND. (a) In General.--As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall transfer to the State of California all right, title, and interest of the United States in and to the approximately 2,868 acres of land described in subsection (b). (b) Land Described.--The land referred to in subsection (a) is described as follows: (1) Prospect island.--The approximately 1,228 acres of land known as Prospect Island and generally depicted on the map entitled ____ and dated ____. (2) Little holland tract.--The approximately 1,640 acres of land west of Prospect Island known as the Little Holland Tract and generally depicted on the map entitled ____ and dated ____. SEC. 2. CONDITIONS OF TRANSFER. The Secretary shall make the transfer under section 1 only under the following conditions: (1) Hold harmless.--Prior to or contemporaneous with the transfer, the State enters into a written agreement with the Secretary to hold the United States harmless from all claims arising from or through the operation of the land and improvements transferred. (2) Management plan required.--Prior to the transfer, the State shall submit to the Secretary a Management Plan. The Secretary shall only approve the Management Plan if it-- (A) meets the criteria in section 4; and (B) has been developed with the input of an advisory board that meets the criteria in section 5. (3) Administration of land.-- (A) Before approval of management plan.--Before the approval of a Management Plan under paragraph (2), the State shall administer the land transferred under section 1 substantially in accordance with the requirements for the Management Plan as set forth in section 4. (B) After approval of management plan.--After approval of the Management Plan under paragraph (2), the State shall administer the land transferred under section 1 in accordance with the approved Management Plan. (C) Amendments and modifications to management plan.--The State shall not act on any amendment to or modification of the approved Management Plan unless the amendment or modification has been approved by the Secretary in the same manner that the Management Plan was approved. (4) Conditions for acquisition of certain waters.--Prior to or contemporaneous with the transfer, the State enters into a written agreement with the Secretary stating that the State agrees not to acquire for the Wildlife Area any right to water within the Sacramento River Watershed until after-- (A) the State has completed the appropriate environmental documentation for the acquisition; and (B) such acquisition is approved by the board of supervisors for each originating source county and destination county prior to the acquisition. SEC. 3. AUTHORITY OF STATE BOARD OF RECLAMATION. Notwithstanding the provisions of the Management Plan, the State Board of Reclamation may increase the flood conveyance capacity of the Yolo Bypass if the State Board of Reclamation determines that such an increase is necessary to protect land, property, or people located within the State that are within or outside of the boundaries of the Wildlife Area. The authority of the State Board of Reclamation under this section shall not be subject to review by, nor may it be superseded by, any action by the United States Army Corp of Engineers. SEC. 4. MANAGEMENT PLAN. The Management Plan shall-- (1) provide that the primary purpose of the Wildlife Area is flood control; (2) provide for perpetuation of the ecosystem of the Wildlife Area; (3) provide for the preservation, restoration, and enhancement of natural ecosystems of all species of animals and plants that are endangered species or threatened species (as those terms are used in the Endangered Species Act of 1973 (16 U.S.C. 1331 et seq.)) and that occur within the Wildlife Area; (4) provide for the preservation and restoration of all species of animals and plants in the Wildlife Area that are listed under the Endangered Species Act of 1973 (16 U.S.C. 1331 et seq.), including the conservation, enhancement, and restoration of the habitat of those animals and plants; (5) provide for perpetual conservation of the natural diversity and abundance of fauna and flora on land and waters in the Wildlife Area; (6) contain provisions for exhibits and facilities and regular educational programs throughout the Wildlife Area to provide opportunities for the public to participate in high- quality, wildlife-related educational and recreational experiences in order to develop a greater understanding of and appreciation for fish and wildlife ecology and the role of humans in the environment; (7) encourage the use of volunteers and facilitate partnerships among the Federal Government, local communities, conservation organizations, and other non-Federal entities to promote public awareness of the resources of the Wildlife Area and public participation in the conservation of those resources; (8) provide scientific research opportunities consistent with the purposes and needs of the Wildlife Area; (9) contain provisions for planning and design of trails within the Wildlife Area and public access points to those trails; (10) contain provisions that allow for hunting and fishing within the Wildlife Area; and (11) contain provisions for planning of wildlife and habitat restoration within the Wildlife Area. SEC. 5. ADVISORY BOARD. (a) General Requirements.--In order to meet the conditions under section 2, the advisory board that develops the Management Plan shall meet the requirements of this section. (b) Total Number of Members.--The advisory board shall have 9 members as follows: (1) One member appointed by each of the following: (A) The mayor of the city of West Sacramento. (B) The Yolo County Board of Supervisors. (C) The Solano County Board of Supervisors. (D) The Solano County Farm Bureau. (E) The Yolo County Farm Bureau. (F) The mayor of the city of Rio Vista. (2) A representative of the California Waterfowl Association appointed by the Association. (3) A representative of the North Delta Water Agency appointed by that Agency. (4) One member appointed by the Delta Protection Commission. (c) Chairperson.--The chairperson of the advisory board shall be elected by the members from the members appointed under subsection (b)(1). The term of office of the chairperson shall be 2 years. (d) Meetings.--The advisory board shall meet not less than monthly until a management plan is submitted under section 2(2) and at the call of a majority of its members thereafter. (e) Quorum.--A quorum shall consist of 50 percent of the members appointed under subsection (b)(1). (f) Advisory Board Procedures.-- (1) Meetings open to public.--Each advisory board meeting shall be open to the public. (2) Input by interested persons.--Interested persons shall be permitted to attend the meetings of, or file statements with, the advisory board. (3) Minutes.--Detailed minutes of each meeting of the advisory board shall be kept and shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the advisory board. The accuracy of all minutes shall be certified to by the chairman of the advisory board. (g) Duties.--The duties of the advisory board shall be-- (1) to develop, submit, and provide local oversight of the management plan in accordance with the Act; and (2) to advise the State regarding management of the Wildlife Area. (h) Public Participation.--The advisory board shall give special consideration to views by local public and private entities and individuals in implementing the Management Plan. (i) Staff.--The State shall provide staff for the advisory board, under terms and conditions established by the State Secretary of Resources. (j) Administrative Support Services.--Upon the request of the advisory board, the State shall provide to the advisory board, on a reimbursable basis, the administrative support services necessary for the advisory board to carry out its responsibilities under this section. (k) Reports.--The advisory board shall submit an annual report and such interim reports as the advisory board considers appropriate to the Secretary and the State Secretary of Resources. (l) No Federal Funds.--The requirements of this section are a condition of the transfer authorized by section 1 and no Federal funds may be used to provide compensation to members of the advisory board or to carry out any provision of this section. SEC. 6. CONTINUED LAND USE. Nothing in this Act shall be construed as prohibiting or preventing, and it shall be a condition of the transfer of land under this Act that the State shall not for purposes of the Wildlife Area prohibit or prevent, the continuation of ordinary and customary farming and ranching practices within the Wildlife Area and on land outside the exterior boundaries of the Wildlife Area. SEC. 7. WATER USE. Nothing in this Act or the creation of the Wildlife Area shall be construed as authorizing any increase, relinquishment, or reduction of any water use or rights reserved or appropriated by the United States. SEC. 8. DEFINITIONS. For the purposes of this Act: (1) Management plan.--The term ``Management Plan'' means the management plan for the land transferred to the State under section 1. (2) Wildlife area.--The term ``Wildlife Area'' means the land transferred to the State under section 1. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of California.

Directs the Secretary of the Interior to transfer to the State of California specified land in Yolo and Solano Counties (known as Prospect Island and the Little Holland Tract) as a wildlife area.Conditions the transfer on California: (1) submitting and complying with a management plan that has been developed with the input of an advisory board and that provides that the primary purpose of the wildlife area is flood control; and (2) agreeing not to acquire for the wildlife area any right to water within the Sacramento River Watershed until after it has completed the appropriate environmental documentation and such acquisition is approved by the board of supervisors for each originating source county and destination county.Permits the State Board of Reclamation to increase the flood conveyance capacity of the Yolo Bypass if it determines that such an increase is necessary to protect land, property, or people in the State that are within or outside of the boundaries of the wildlife area.Requires the advisory board to: (1) develop, submit, and provide local oversight of the management plan; and (2) advise California regarding management of the wildlife area.

To transfer to the State of California certain Federal land in Yolo and Solano Counties, California, to provide for the establishment of a wildlife area on that land, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Everson Walls and Ron Springs Gift for Life Act of 2014''. SEC. 2. NATIONAL ORGAN AND TISSUE DONOR REGISTRY RESOURCE CENTER. Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is amended by inserting after section 371A the following: ``SEC. 371B. NATIONAL ORGAN AND TISSUE DONOR REGISTRY RESOURCE CENTER. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a National Organ and Tissue Donor Registry Resource Center (referred to in this section as the `Center'). ``(b) Duties.--The Center shall-- ``(1) advance the development, expansion, and evaluation of State organ and tissue donor registries; ``(2) facilitate timely access to and exchange of accurate donor information between State registries 7 days each week on a 24-hour basis; ``(3) ensure that State organ and tissue donor registries funded through section 371C are in compliance with the requirements described in such section, including the operating standards described in section 371C(d); ``(4) provide technical assistance to States for the establishment and operation of State organ and tissue registries; and ``(5) maintain a registry information clearinghouse, including by maintaining a Web site, to collect, synthesize, and disseminate best practices information about organ and tissue donor registries. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2015 through 2019.''. SEC. 3. GRANTS FOR STATE ORGAN AND TISSUE DONOR REGISTRIES. Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is amended by inserting after section 371B, as inserted by section 2, the following: ``SEC. 371C. GRANTS FOR STATE ORGAN AND TISSUE DONOR REGISTRIES. ``(a) Program Authorized.--The Secretary shall award grants or cooperative agreements to eligible entities to support the development, enhancement, expansion, and evaluation of State organ and tissue donor registries. ``(b) Definition.--In this section, the term `eligible entity' means a State agency or a State contracted entity. ``(c) Use of Funds.--As a condition on the receipt of a grant or cooperative agreement under this section, an eligible entity shall agree to use the grant or cooperative agreement-- ``(1) to develop, expand, or maintain a State organ and tissue donor registry; and ``(2) to establish benchmarks for improvement in organ and tissue donation in the State. ``(d) Operating Standards.--As a condition on the receipt of a grant or cooperative agreement under this section for a State organ and tissue donor registry, an eligible entity shall agree to maintain the registry in accordance with the following: ``(1) The registry must allow a donor or any other person authorized by the donor to include in the registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift. ``(2) The registry must be accessible to any qualified organ procurement organization described in section 371(b) to allow the organization to obtain relevant information on the registry to determine, at or near the death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift. ``(3) The registry must be accessible as described in paragraphs (1) and (2) 7 days each week on a 24-hour basis. ``(4) The registry must ensure that personally identifiable information on the registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor or prospective donor for any purpose other than to determine, at or near the death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift. ``(e) Application.--To seek a grant or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(f) Report.--As a condition on the receipt of a grant or cooperative agreement under this section, not later than 180 days after receipt of the grant or cooperative agreement, and every 180 days thereafter (through the date of completion of the activities funded through the grant or cooperative agreement), an eligible entity shall prepare and submit a report to the Secretary that-- ``(1) describes the manner in which such entity has used amounts received through the grant or cooperative agreement; and ``(2) assesses initiatives that may be replicated in other States. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2015 through 2019.''. SEC. 4. LIMITATION ON LIABILITY. Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is amended by inserting after section 371C, as inserted by section 3, the following: ``SEC. 371D. LIMITATION ON LIABILITY. ``No person may be held civilly liable by reason of having harvested or taken an individual's organs or tissues without having obtained valid consent for the harvesting or taking, if-- ``(1) such person has verified that, at the time of the harvesting or taking, the individual is registered as a donor with a State organ and tissue donor registry; and ``(2) the harvesting or taking is within the scope of the consent given by such individual for purposes of such registration.''. SEC. 5. STUDY ON FEASIBILITY OF ESTABLISHING A LIVING DONOR DATABASE. Section 371A of the Public Health Service Act (42 U.S.C. 273a) is amended-- (1) by striking ``The Secretary may establish'' and inserting ``(a) In General.--The Secretary may establish''; and (2) by adding at the end the following: ``(b) Study.--Not later than 1 year after the date of the enactment of the Everson Walls and Ron Springs Gift for Life Act of 2014, the Comptroller General of the United States shall-- ``(1) complete a study to determine the feasibility of establishing a living donor database for the purpose of tracking the short- and long-term health effects for such donors associated with living organ donation; and ``(2) submit a report to the Congress on the results of such study.''.

Everson Walls and Ron Springs Gift for Life Act of 2014 - Amends the Public Health Service Act to require the Administrator of the Health Resources and Services Administration to establish a National Organ and Tissue Donor Registry Resource Center. Requires the Center to: (1) advance the development, expansion, and evaluation of state organ donor registries; (2) facilitate timely exchange of donor information between state registries; and (3) maintain a clearinghouse for information on registry best practices. Directs the Secretary of Health and Human Services (HHS) to award grants to states in order to develop, expand, or maintain state organ donor registries and establish benchmarks for improvement in organ donation. Requires a state registry that receives a grant to be accessible to individual donors and the Center. Eliminates civil liability for a person taking an individual's organs as long as the person verified the individual's consent with a state organ donor registry. Requires the Comptroller General (GAO) to study the feasibility of establishing a database to track the health effects of living organ donation.

Everson Walls and Ron Springs Gift for Life Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Imagery, Mapping, and Geospatial Enhancement Act of 2006''. SEC. 2. ADDITIONAL FUNCTIONS OF OFFICE OF SPACE COMMERCIALIZATION. Section 8 of the Technology Administration Act of 1998 (15 U.S.C. 1511e) is amended by adding at the end thereof the following: ``(d) Additional Functions.--Additional functions of the Office shall be to promote growth and advancement in United States space and airborne remote sensing technologies, and value-added services related thereto, by carrying out the following responsibilities: ``(1) Examine the role of commercial remote sensing firms, including small business, in the United States economy and the contribution which such firms can make in-- ``(A) improving competition in the marketplace; ``(B) enhancing the role of commercial remote sensing firms in the economy of the United States; ``(C) ensuring that United States firms continue to lead in the global marketplace; ``(D) applying commercial remote sensing data, products, and services to national priorities; ``(E) expanding employment opportunities; ``(F) increasing productivity; ``(G) stimulating innovation and entrepreneurship; and ``(H) providing an avenue through which new and untested products and services can be brought to the marketplace. ``(2) Assess the effectiveness of existing Federal agency use of remote sensing data, products, and services, including grant, subsidy, and assistance programs to non-Federal entities, and facilitate a reduction in the use of such governmental remote sensing data, products, and services and increase the use of commercial remote sensing firms. ``(3) Promote the objectives of the U.S. Commercial Remote Sensing Space Policy, issued by the President on May 13, 2003, particularly its provisions on relying to the maximum practical extent on United States commercial remote sensing capabilities and developing a long term, sustainable relationship between the Federal Government and the United States commercial remote sensing community. ``(4) Advocate and implement appropriate measures for creating an environment in which all commercial remote sensing firms will have the opportunity to compete effectively and expand to their full potential. ``(5) Evaluate the efforts of each Federal agency, and of the private sector, to assist commercial remote sensing firms, provide statistical information on the utilization of such firms by the Federal Government, and make appropriate recommendations to the Administrator of the National Oceanic and Atmospheric Administration, the President, and the Congress in order to promote the establishment and growth of commercial remote sensing firms. ``(6) Serve as a focal point for the receipt of complaints, criticisms, and suggestions concerning the policies and activities of any Federal agency which affects commercial remote sensing firms. ``(7) Counsel commercial remote sensing firms on how to resolve questions and problems concerning the relationship of such firms to the Federal Government. ``(8) Develop proposals for changes in the policies and activities of any agency of the Federal Government which will better fulfill the purposes of this section and communicate such proposals to the appropriate Federal agencies. ``(9) Represent the views and interests of commercial remote sensing firms before other Federal agencies whose policies and activities may affect such firms. ``(10) Enlist the cooperation and assistance of commercial remote sensing firms, and any association of such firms, in the development of procurement strategies, policies, and methodologies that enhance the utilization of commercial remote sensing firms by Federal agencies (including Federal, State, and local government agencies, universities, nonprofit organizations, and foreign governments that expend Federal funds), and strengthen the selection of such firms based on demonstrated competence and qualifications. ``(11) Cooperate with public and private agencies, businesses, and other organizations in disseminating information about the use and application of remote sensing, the capabilities of commercial remote sensing firms, and how such firms can participate in or assist such entities, programs. ``(12) Make such other recommendations as may be appropriate to assist the development and strengthening of commercial remote sensing firms. ``(e) Definitions.--As used in this section, the term-- ``(1) `remote sensing' means any activity associated with and related to geospatial activities associated with measuring, locating, and preparing maps, charts, surveys, aerial photographs, satellite images, or other graphical or digital presentations depicting natural or manmade physical features, phenomena, and legal boundaries of the Earth from airborne or spaceborne platforms or other types and sources of data; and ``(2) `firm' means any individual, firm, partnership, corporation, association, or other legal entity in the United States organized and permitted by law to engage in the business of practicing in the profession of remote sensing through the devotion of time, attention, and labor to providing remote sensing data, products, technology, or services as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution thereof.''.

Imagery, Mapping, and Geospatial Enhancement Act of 2006 - Amends the Technology Administration Act of 1998 to include among the functions of the Office of Space Commercialization promoting growth and advancement in U.S. space and airborne remote sensing technologies and related value-added services by: (1) examining the role of, and federal agency use of, commercial remote sensing firms, facilitating a reduction in the use of government remote sensing products and services, and increasing the use of commercial remote sensing firms; (2) promoting the objectives of the U.S. Commercial Remote Sensing Space Policy, particularly provisions on relying on U.S. capabilities and developing a long-term relationship between the government and the U.S. commercial remote sensing community; (3) creating an environment in which all such firms have the opportunity to compete and expand; (4) evaluating federal and private sector efforts to assist such firms and making recommendations to promote their establishment and growth; (5) serving as the focal point for complaints and suggestions concerning federal activities that affect such firms; (6) counseling such firms on government relations; (7) proposing needed changes in federal policies; (8) representing such firms before government agencies; (9) involving such firms in developing federal procurement strategies; (10) disseminating information about the use of remote sensing and the capabilities of such firms; (11) making recommendations to assist the development and strengthening of such firms.

A bill to amend the Technology Administration Act of 1998 to encourage United States leadership in the development, application, and use of commercial space and airborne remote sensing and other geospatial information, and for other purposes.

SECTION 1. INDEMNITY COMPENSATION FOR DEPENDENTS OF MEMBERS OF THE ARMED FORCES DISCHARGED FOR DEPENDENT ABUSE. (a) In General.--(1) Chapter 53 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1058. Abused dependents: payment of transitional and indemnity compensation ``(a) Authority To Pay Compensation.--If a member of the armed forces is separated from the armed forces as described in subsection (b), the Secretary of the military department concerned may pay monthly transitional and indemnity compensation in accordance with this section to dependents or former dependents of the member as specified in subsection (d). ``(b) Separations Covered.--(1) This section applies in the case of a member of the armed forces on active duty for a period of more than 30 days-- ``(A) who is convicted of a dependent-abuse offense (as defined in subsection (c)) and whose conviction results in the member being-- ``(i) administratively discharged with a general discharge or under other than honorable conditions; or ``(ii) discharged or dismissed from the armed forces by sentence of a court-martial; or ``(B) against whom court-martial charges were preferred for a dependent-abuse offense and who is discharged in lieu of trial by court-martial in that case upon approval of the member's request or application for discharge or, in the case of an officer, for resignation. ``(2) For purposes of this section, a member of the armed forces who is incarcerated by sentence of a court-martial with total forfeiture of pay and allowances shall be treated as a former member dismissed or discharged by sentence of a court-martial. ``(c) Dependent-Abuse Offenses.--(1) For purposes of this section, a dependent-abuse offense is conduct by an individual while a member of the armed forces on active duty for a period of more than 30 days-- ``(A) that involves abuse of the spouse or a dependent child of the member; and ``(B) that is a criminal offense specified in regulations prescribed by the Secretary of Defense under paragraph (2). ``(2) The Secretary of Defense shall prescribe by regulation the criminal offenses, or categories of offenses, under the Uniform Code of Military Justice (chapter 47 of this title), Federal criminal law, the criminal laws of the States and other jurisdictions of the United States, and the laws of other nations that are to be considered to be dependent-abuse offenses for the purposes of this section. ``(d) Recipients of Payments.--In any case of a separation from active duty as described in subsection (b) in which the Secretary of the military department concerned determines that transitional and indemnity compensation should be paid under this section, the Secretary shall pay such compensation to dependents or former dependents of the former member as follows: ``(1) If the former member was married at the time of the commission of the dependent-abuse offense resulting in the separation, such compensation shall (except as otherwise provided in this subsection) be paid to the spouse or former spouse to whom the member was married at that time. ``(2) If there is a spouse or former spouse who (but for subsection (g)) would be eligible for compensation under this section and if there is a dependent child of the former member who does not reside in the same household as that spouse or former spouse, such compensation shall be paid to each such dependent child of the former member who does not reside in that household. ``(3) If there is no spouse or former spouse who is (or but for subsection (g) would be) eligible under paragraph (1), such compensation shall be paid to the dependent children of the former member. ``(4) For purposes of paragraphs (2) and (3), an individual's status as a `dependent child' shall be determined as of the date on which the member is convicted of the dependent-abuse offense or, in a case described in subsection (b)(1)(B), as of the date on which the member is discharged. ``(e) Commencement and Duration of Payment.--(1) Payment of transitional and indemnity compensation under this section shall commence as of the date of the discontinuance of the member's pay and allowances pursuant to the separation or sentencing of the member. ``(2) Payment of such compensation shall terminate at the end of the dependents' transitional period. The dependents' transitional period is the period (A) beginning on the date on which the member is convicted of the dependent-abuse offense or, in a case described in subsection (b)(1)(B), on the date on which the member is discharged, and (B) ending at the end of the transitional period determined by the Secretary concerned. Such transitional period may not exceed 36 months, except that if the length of the member's service on active duty was less than 36 months, the transitional period may not exceed the length of such service. ``(f) Amount of Payment.--(1) Payment to a spouse or former spouse under this section for any month shall be at the rate in effect for that month for the payment of dependency and indemnity compensation under section 1311(a)(1) of title 38. ``(2) If a spouse or former spouse to whom compensation is paid under this section has custody of a dependent child or children of the member, the amount of such compensation paid for any month shall be increased for each such dependent child by the amount in effect for that month under section 1311(b) of title 38. ``(3) If compensation is paid under this section to a child or children pursuant to subsection (d)(2) or (d)(3), such compensation shall be paid in equal shares, with the amount of such compensation for any month determined in accordance with the rates in effect for that month under section 1313 of title 38. ``(g) Forfeiture Provisions.--(1) If a former spouse receiving compensation under this section remarries, the Secretary shall terminate payment of such compensation, effective as of the date of such marriage. The Secretary may not renew payment of compensation under this section to such former spouse in the event of the termination of such subsequent marriage. ``(2) If after the separation of the former member as described in subsection (b) the former member resides in the same household as the spouse or former spouse, or dependent child, to whom compensation is otherwise payable under this section, the Secretary shall terminate payment of such compensation, effective as of the time the former member begins residing in such household. Compensation paid for a period after the former member's separation, but before the former member resides in the household, shall not be recouped. If the former member subsequently ceases to reside in such household before the end of the period of eligibility for such payments, the Secretary may not resume such payments. ``(3) In a case in which the victim of the dependent-abuse offense resulting in the separation of the former member was a dependent child, the Secretary concerned may not pay compensation under this section to a spouse or former spouse who would otherwise be eligible to receive such compensation if the Secretary determines (under regulations prescribed under subsection (i)) that the spouse or former spouse was an active participant in the conduct constituting the dependent-abuse offense. ``(h) Coordination of Benefits.--The Secretary concerned may not make payments to a spouse or former spouse under both this section and section 1408(h)(1) of this title. In the case of a spouse or former spouse for whom a court order provides for payments by the Secretary pursuant to section 1408(h)(1) of this title and to whom the Secretary offers payments under this section, the spouse or former spouse shall elect which to receive. ``(i) Regulations.--The Secretary of each military department shall prescribe regulations to carry out this section with respect to members of the armed forces under the jurisdiction of that Secretary. Such regulations shall be as uniform as practicable and shall be subject to the approval of the Secretary of Defense. ``(j) Dependent Child Defined.--In this section, the term `dependent child', with respect to a member or former member of the armed forces separated as described in subsection (b), means an unmarried child, including an adopted child or a stepchild, who was residing with the member at the time of the dependent-abuse offense resulting in the separation of the former member and-- ``(1) who is under 18 years of age; ``(2) who is 18 years of age or older and is incapable of self-support because of a mental or physical incapacity that existed before the age of 18 and who is (or was at the time of the former member's separation) dependent on the former member for over one-half of the child's support; or ``(3) who is 18 years of age or older but less than 23 years of age, is enrolled in a full-time course of study in an institution of higher learning approved by the Secretary of Defense and who is (or was at the time of the former member's separation) dependent on the former member for over one-half of the child's support.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1056 the following new item: ``1058. Abused dependents: payment of transitional and indemnity compensation.''. (b) Effective Date.--(1) Section 1058 of title 10, United States Code, as added by subsection (a), shall apply with respect to former members of the Armed Forces discharged or dismissed as described in subsection (b) of such section after the date that is three years before the date of the enactment of this Act. (2) Notwithstanding paragraph (1), no payment may be made under such section 1058 with respect to any period before the date of the enactment of this Act.

Authorizes the Secretary of the military department concerned to pay monthly transitional and indemnity compensation to the dependents or former dependents of a member of the armed forces who is separated from service after conviction for an offense involving the abuse of one of those dependents (including such member's spouse). Outlines provisions concerning: (1) appropriate payment recipients; (2) payment commencement, duration and amount; and (3) forfeiture of the right to such payments (i.e., the remarriage of a former spouse, or a dependent child reaching 18 years of age).

To amend title 10, United States Code, to authorize the Secretaries of the military departments to provide temporary transitional and indemnity compensation payments to the dependents of a member of the Armed Forces who is separated from the Armed Forces following conviction for an offense involving the abuse of one of those dependents, and for other purposes.

SECTION 1. IMPROVEMENT OF FEDERAL RECOVERY COORDINATOR PROGRAM. (a) Provision of Collaborative Recovery Coordinator Training.--The Secretary of Veterans Affairs shall provide collaborative recovery coordinator training at a qualified nursing or medical school selected by the Secretary (hereinafter in this section referred to as the ``qualified nursing or medical school''), to lead systematic evidence review of care coordination and consensus conference to build the model on evidence-based guidelines. (b) Literature Review; Consensus Conference.-- (1) In general.--The qualified nursing or medical school is hereby designated to lead literature review and development of evidence-based guidelines for recovery coordination, development of training modules for care coordination and software that is compatible with Department of Veterans Affairs systems for recovery coordination. The qualified nursing or medical school is hereby designated to lead a consensus conference on evidence-based care coordination. (2) Authorization of appropriations.--There is authorized to be appropriated $1,200,000 to carry out this subsection. (c) Care Coordination Software Development.-- (1) In general.--The Secretary of Veterans Affairs shall-- (A) enter into a subcontract with an appropriate entity for the development of care coordination software; (B) carry out a conference for recovery coordinator tool validation; and (C) carry out a software pilot program. (2) Authorization of appropriations.--There is authorized to be appropriated $1,200,000 to carry out this subsection. (d) Recovery Coordinator Training.-- (1) In general.--The qualified nursing or medical school is authorized to train 45 recovery coordinators. (2) Authorization of appropriations.--For each of fiscal years 2016, 2017, and 2018, there is authorized to be appropriated $500,000 for training authorized under this subsection. SEC. 2. JOINT OPERATION OF FEDERAL RECOVERY COORDINATION PROGRAM. (a) Federal Recovery Coordination Program.--In carrying out the Federal Recovery Coordination Program (in this section referred to as the ``Program''), the Secretary of Defense and the Secretary of Veterans Affairs shall ensure that-- (1) the program is operated jointly by the Secretaries; (2) the administration of the Program is not delegated to an individual outside the respective office of each Secretary; (3) the program assists-- (A) members of the Armed Forces with severe or catastrophic injuries or illnesses who are unlikely to return to active duty and will most likely be medically separated under chapter 61 of title 10, United States Code; and (B) members of the Armed Forces and veterans whose individual circumstances (including illness, injury, mental health, family situation, and unique benefit needs) are determined by the Secretary concerned to cause difficulties to the member or veteran in transitioning to civilian life; (4) in referring members and veterans described in paragraph (3) to the Program, the Secretary of each military department and the Secretary of Veterans Affairs makes such referrals at the earliest time feasible, including by the date that is 180 days before the last day of the month in which a member is expected to be retired or separated from the Armed Forces; and (5) each department and agency of the Federal Government, including the Department of Defense and the Department of Veterans Affairs, provides a Federal Recovery Coordinator of the Program with the information, coordination, and cooperation necessary for the Coordinator to assist members and veterans participating in the Program, including the maximum amount of information, coordination, and cooperation available to allow the Coordinator to-- (A) ensure the efficient recovery, transition, and reintegration of such members and veterans; (B) act as a liaison between such members and veterans and the team of care providers and other personnel involved with the recovery, transition, and reintegration of the member or veteran, regardless of whether such team is under the Secretary of Defense or the Secretary of Veterans Affairs; and (C) work closely with case and care-management programs that assist such members and veterans. (b) Plan and Memorandum of Understanding.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall-- (1) jointly develop a plan to carry out subsection (a); (2) enter into a memorandum of understanding to jointly carry out the plan beginning 90 days after the date on which the memorandum is entered into; and (3) jointly submit to the appropriate congressional committees such plan and memorandum. (c) Report.--Not later than 180 days after the date on which the memorandum of understanding under paragraph (2) of subsection (b) goes into effect, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate congressional committees a report describing and evaluating the implementation of such memorandum and plan under paragraph (1) of such subsection. (d) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the following: (1) The Committees on Armed Services of the House of Representatives and Senate. (2) The Committees on Veterans' Affairs of the House of Representatives and Senate.

Requires the Department of Veterans Affairs (VA) to provide collaborative recovery coordinator training at a qualified nursing or medical school selected by the VA, to lead the systematic evidence review of care coordination and a consensus conference to build the model on evidence-based guidelines. Designates such school to lead: (1) the literature review and development of evidence-based guidelines for recovery coordination, training modules for care coordination, and software that is compatible with VA systems for recovery coordination; and (2) a consensus conference on evidence-based care coordination. Directs the VA to: (1) subcontract with an appropriate entity for the development of care coordination software, (2) carry out a conference for recovery coordinator tool validation, and (3) carry out a software pilot program. Authorizes the qualified nursing or medical school to train 45 recovery coordinators. Directs the VA and the Department of Defense (DOD), in carrying out the Federal Recovery Coordination Program, to jointly develop, and enter a memorandum to carry out, a plan to ensure that: the Program is operated jointly by the Secretaries; the administration of the Program is not delegated to an individual outside the respective office of each Secretary; the Program assists members of the Armed Forces with severe or catastrophic injuries or illnesses who are unlikely to return to active duty and who will most likely be medically separated and members and veterans whose individual circumstances (including illness, injury, mental health, family situation, and unique benefit needs) cause difficulties in transitioning to civilian life; the VA Secretary and the Secretaries of the military departments refer members and veterans to the Program at the earliest possible time; and each federal agency provides a Federal Recovery Coordinator of the Program with the information, coordination, and cooperation necessary for the Coordinator to assist participating members and veterans.

To direct the Secretary of Defense and the Secretary of Veterans Affairs to jointly operate the Federal Recovery Coordination Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Plain Writing Act of 2010''. SEC. 2. PURPOSE. The purpose of this Act is to improve the effectiveness and accountability of Federal agencies to the public by promoting clear Government communication that the public can understand and use. SEC. 3. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means an Executive agency, as defined under section 105 of title 5, United States Code. (2) Covered document.--The term ``covered document''-- (A) means any document that-- (i) is necessary for obtaining any Federal Government benefit or service or filing taxes; (ii) provides information about any Federal Government benefit or service; or (iii) explains to the public how to comply with a requirement the Federal Government administers or enforces; (B) includes (whether in paper or electronic form) a letter, publication, form, notice, or instruction; and (C) does not include a regulation. (3) Plain writing.--The term ``plain writing'' means writing that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience. SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES. (a) Preparation for Implementation of Plain Writing Requirements.-- (1) In general.--Not later than 9 months after the date of enactment of this Act, the head of each agency shall-- (A) designate 1 or more senior officials within the agency to oversee the agency implementation of this Act; (B) communicate the requirements of this Act to the employees of the agency; (C) train employees of the agency in plain writing; (D) establish a process for overseeing the ongoing compliance of the agency with the requirements of this Act; (E) create and maintain a plain writing section of the agency's website as required under paragraph (2) that is accessible from the homepage of the agency's website; and (F) designate 1 or more agency points-of-contact to receive and respond to public input on-- (i) agency implementation of this Act; and (ii) the agency reports required under section 5. (2) Website.--The plain writing section described under paragraph (1)(E) shall-- (A) inform the public of agency compliance with the requirements of this Act; and (B) provide a mechanism for the agency to receive and respond to public input on-- (i) agency implementation of this Act; and (ii) the agency reports required under section 5. (b) Requirement to Use Plain Writing in New Documents.--Beginning not later than 1 year after the date of enactment of this Act, each agency shall use plain writing in every covered document of the agency that the agency issues or substantially revises. (c) Guidance.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Director of the Office of Management and Budget shall develop and issue guidance on implementing the requirements of this section. The Director may designate a lead agency, and may use interagency working groups to assist in developing and issuing the guidance. (2) Interim guidance.--Before the issuance of guidance under paragraph (1), agencies may follow the guidance of-- (A) the writing guidelines developed by the Plain Language Action and Information Network; or (B) guidance provided by the head of the agency that is consistent with the guidelines referred to in subparagraph (A). SEC. 5. REPORTS TO CONGRESS. (a) Initial Report.--Not later than 9 months after the date of enactment of this Act, the head of each agency shall publish on the plain writing section of the agency's website a report that describes the agency plan for compliance with the requirements of this Act. (b) Annual Compliance Report.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the head of each agency shall publish on the plain writing section of the agency's website a report on agency compliance with the requirements of this Act. SEC. 6. JUDICIAL REVIEW AND ENFORCEABILITY. (a) Judicial Review.--There shall be no judicial review of compliance or noncompliance with any provision of this Act. (b) Enforceability.--No provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action. SEC. 7. BUDGETARY EFFECTS OF PAYGO LEGISLATION FOR THIS ACT. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Plain Writing Act of 2010 - Requires the head of each executive agency to: (1) designate one or more senior officials within the agency to oversee the agency's implementation of this Act; (2) communicate this Act's requirements to the agency's employees; (3) train agency employees in "plain writing" (defined as writing that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience); (4) establish a process for overseeing the agency's ongoing compliance with this Act's requirements; (5) create and maintain a plain writing section of the agency's website that shall inform the public of agency compliance with the requirements of this Act, provide a mechanism for the agency to receive and respond to public input on agency implementation and agency reports required under this Act, and be accessible from its homepage; and (6) designate one or more agency points-of-contact to receive and respond to public input on the implementation of this Act. Requires each agency, by one year after enactment, to use plain writing in every covered document of the agency that the agency issues or substantially revises. Defines "covered document" to: (1) mean any document that is necessary for obtaining any federal benefit or service or filing taxes, that provides information about any federal benefit or service, or that explains to the public how to comply with a requirement the federal government administers or enforces; (2) include (whether in paper or electronic form) a letter, publication, form, notice, or instruction; and (3) exclude a regulation. Requires the Director of the Office of Management and Budget (OMB), by six months after enactment, to develop and issue guidance on implementing the requirements of this Act. Authorizes the Director to designate a lead agency and to use interagency working groups to assist in developing and issuing the guidance. Sets forth provisions regarding: (1) an interim guidance; (2) initial and annual compliance reports; and (3) judicial review and enforceability. Requires the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, to be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

To enhance citizen access to Government information and services by establishing that Government documents issued to the public must be written clearly, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Air Travel Savings Act of 1993''. SEC. 2. BUSINESS ACCOUNTS FOR AIR TRAVEL BY FEDERAL EMPLOYEES. (a) In General.--Chapter 57 of title 5, United States Code, is amended by inserting after section 5709 the following new section: ``Sec. 5710. Business accounts for air travel ``(a) The General Services Administration or any agency entering into a contract with an air carrier for travel on official business-- ``(1) subject to the provisions of paragraph (2), shall include as a term of such contract that such air carrier shall-- ``(A) establish a separate air travel business account for any employee, designated by the head of the agency employing such employee, for travel on official business by such employee on such air carrier; ``(B) deposit any award or bonus by such air carrier awarded to such employee for travel on official business into the employee's air travel business account; and ``(C) apply any such award or bonus from such employee's air travel business account to any travel on official business by such employee on such air carrier except that such awards or bonuses shall not be used for seating upgrades; and ``(2) may include as a term of such contract, as an alternative to the term required under paragraph (1), that such air carrier shall-- ``(A) establish an air travel business account for any office or administrative unit of an agency, as designated by the head of such agency, for travel on official business by employees of such office or administrative unit on such air carrier; ``(B) deposit any award or bonus by such air carrier awarded to any employee of such office or administrative unit for travel on official business into the air travel business account of such office or administrative unit; and ``(C) apply any such award or bonus from the air travel business account of such office or administrative unit to any travel on official business by any employee of such office or administrative unit except that such awards or bonuses shall not be used for seating upgrades. ``(b) All air travel business accounts established under this section shall be separate from any personal account of an employee. Any award or bonus from an air travel business account may be used only for travel on official business except that such awards shall not be used for seating upgrades. ``(c) To the greatest extent practicable, the General Services Administration shall include the term described under subsection (a)(2) in a contract to maximize travel costs savings. ``(d) The General Services Administration shall promulgate regulations to carry out the provisions of this section. Such regulations shall include a requirement that, to the greatest extent practicable to maximize travel costs savings, employees shall-- ``(1) travel on official business with air carriers awarding awards and bonuses for official business travel, regardless of whether such travel is on an air carrier under a contract described under this section; and ``(2)(A) participate in any program of such air carrier awarding awards and bonuses; and ``(B) use such awards and bonuses for only official business travel except that such awards shall not be used for seating upgrades.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 57 of title 5, United States Code, is amended by inserting after the item relating to section 5709 the following new item: ``5710. Business accounts for air travel.''. SEC. 2. APPLICATION TO THE CONGRESS. (a) In General.--No later than 180 days after the date of the enactment of this Act, the Committee on Rules and Administration of the Senate and the Committee on Administration of the House of Representatives shall promulgate regulations relating to Members of Congress and any employee whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives, respectively, that-- (1) require any Member of the Senate, officer of the Senate, Member of the House of Representatives, or officer of the House of Representatives who enters into a contract with an air carrier for travel on official business by a Member or employee-- (A) subject to the provisions of subparagraph (B), shall include as a term of such contract that such air carrier shall-- (i) establish a separate air travel business account for any Member or employee, designated by the applicable Member or employing committee or office of such employee, for travel on official business by such Member or employee on such air carrier; (ii) deposit any award or bonus by such air carrier awarded to such Member or employee for travel on official business into the Member's or employee's air travel business account; and (iii) apply any such award or bonus from such Member's or employee's air travel business account to any travel on official business by such Member or employee on such air carrier except that such awards or bonuses shall not be used for seating upgrades; and (B) may include as a term of such contract, as an alternative to the term required under subparagraph (A), that such air carrier shall-- (i) establish an air travel business account for any committee or office as designated by the applicable Member, committee, or office, for travel on official business by Members or employees of such committee or office on such air carrier; (ii) deposit any award or bonus by such air carrier awarded to any Member or employee of such committee or office for travel on official business into the air travel business account of such committee or office; and (iii) apply any such award or bonus from the air travel business account of such committee or office to any travel on official business by any Member or employee of such committee or office except that such awards or bonuses shall not be used for seating upgrades; and (2) to the greatest extent practicable to maximize travel costs savings, require committees and offices (including Members' offices)-- (A) to enter into contracts with air carriers awarding awards and bonuses for official business travel; and (B) to require Members and employees to-- (i) travel on official business with air carriers awarding awards and bonuses for official business travel, regardless of whether such travel is on an air carrier under a contract described under this section; and (ii)(I) participate in any program of such air carrier awarding awards and bonuses; and (II) use such awards and bonuses for only official business travel except that such awards or bonuses shall not be used for seating upgrades. (b) Separate Business Accounts.--All air travel business accounts established under this section shall be separate from any personal account of a Member or employee. Any award or bonus from an air travel business account may be used only for travel on official business except that such awards or bonuses shall not be used for seating upgrades. (c) Committee and Office Accounts.--To the greatest extent practicable, any Member of Congress or officer of the Congress entering into a contract as provided under this section shall include the term described under subsection (a)(1)(B) to maximize costs savings.

Government Air Travel Savings Act of 1993 - Amends Federal civil service law to provide for the establishment of business accounts for air travel by Federal employees on official business in order to maximize cost savings. Provides for similar measures with respect to air travel by Members of Congress and congressional employees.

Government Air Travel Savings Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Bridge Trust Fund Act''. SEC. 2. DIGITAL BRIDGE TRUST FUND AND ASSISTANCE FROM TRUST FUND. (a) In General.--The National Telecommunications and Information Administration Organization Act is amended-- (1) by redesignating part C as part D; and (2) by inserting after part B (47 U.S.C. 921 et seq.) the following new part: ``PART C--ASSISTANCE TO BRIDGE THE DIGITAL DIVIDE ``SEC. 131. DIGITAL BRIDGE TRUST FUND. ``(a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the Digital Bridge Trust Fund, consisting of such amounts as may be appropriated or credited pursuant to subsection (b) or (d). ``(b) Transfer of Amounts Equivalent to Certain Taxes.--There are hereby appropriated to the Digital Bridge Trust Fund amounts equivalent to 100 percent of the taxes received in the Treasury after September 30, 2000, under section 4251 of the Internal Revenue Code of 1986 (relating to tax on communications). ``(c) Expenditures.--Amounts in the Digital Bridge Trust Fund shall be available, to the extent provided in appropriation Acts, solely for making expenditures to provide assistance under section 133(a). ``(d) Treatment as Trust Fund.--For purposes of subchapter B of chapter 98 of the Internal Revenue Code of 1986, the Digital Bridge Trust Fund shall be considered to be a trust fund established by subchapter A of such chapter. ``SEC. 132. BOARD OF TRUSTEES. ``(a) Establishment.--There is established in the Department of Commerce a board to be known as the Board of Trustees of the Digital Bridge Trust Fund (in this part referred to as the `Board'). ``(b) Duties.--The duties of the Board shall be-- ``(1) to allocate amounts in the Digital Bridge Trust Fund and make such amounts available in accordance with the requirements of section 133; ``(2) to make decisions regarding the allocation of assistance from amounts in the Digital Bridge Trust Fund under subsections (b)(2) and (c) of section 133 and make such amounts available in accordance with such allocation decisions; ``(3) in making such decisions, to consult with foundations and other nongovernmental organizations involved in promoting or providing education or training in knowledge or skills regarding information technology; and ``(4) to prepare and submit annual reports in accordance with subsection (g). ``(c) Membership.--The Board shall consist of 11 members as follows: ``(1) The Secretary of Commerce (or the Secretary's designee), who shall be the chairperson of the Board. ``(2) 2 members appointed by the Secretary of Commerce from among the officers and employees of the Department of Commerce. ``(3) 2 members appointed by the Secretary of Education from among the officers and employees of the Department of Education. ``(4) 2 members appointed by the Secretary of Labor from among the officers and employees of the Department of Labor. ``(5) 2 members appointed by the Secretary of Health and Human Services from among the officers and employees of the Department of Health and Human Services. ``(6) 2 members appointed by the Secretary of Housing and Urban Development from among the officers and employees of the Department of Housing and Urban Development. The initial members of the Board shall be appointed not later than the expiration of the 6-month period beginning on the date of the enactment of the Digital Bridge Trust Fund Act. ``(d) Terms.-- ``(1) In general.--Except as provided in paragraph (2), each member shall be appointed for a term of 3 years. ``(2) 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. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. ``(e) Prohibition of Compensation.--Members of the Board shall not receive any pay, allowances, or benefits by reason of their service on the Board. ``(f) Support Services and Facilities.--Upon the request of the Board, the Secretary of Commerce shall provide to the Board any facilities and administrative and other support services necessary for the Board to carry out its responsibilities. ``(g) Annual Reports.--The Board shall submit a report annually to the President and the Congress regarding its activities. Each report shall describe the assistance provided from the Digital Bridge Trust Fund during the year for which the report is made and any effects of such assistance in meeting the information technology needs of rural, urban, and Native American communities. ``SEC. 133. PROVISION OF DIGITAL BRIDGE ASSISTANCE. ``(a) Allocation of Assistance.--In providing assistance pursuant to this section, the Board shall ensure that, notwithstanding any provision of law referred to in subsection (b), all such assistance is-- ``(1) made available for the benefit of rural and urban areas, and Native Americans, in a manner that targets such assistance for areas, communities, and populations (including low-income families and individuals) that are underserved with respect to information technology needs, employment, and education; and ``(2) to the greatest extent possible, ensure that such assistance is appropriately allocated so that rural and urban areas, and Native Americans, are each fairly served by such amounts. ``(b) Required Minimum Assistance.--Except as provided in subsections (c) and (d), from the amount made available under section 135 for each of fiscal years 2001 through 2010, the Board shall make assistance available for the following activities in the following amounts: ``(1) Teacher training.--For each such fiscal year, not less than $300,000,000 for assistance under section 3122 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6832) for training teachers to use technology effectively in the classroom. ``(2) Community technology centers.--For each such fiscal year, not less than $200,000,000 for assistance under section 3122 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6832) for establishing community technology centers to provide individuals who cannot afford access to computers, technology training, and technological tools such access appropriate to improve their educational performance and their ability to compete for and hold jobs. ``(3) Neighborhood network learning centers.--For each such fiscal year, not less than $200,000,000 for assistance by the Secretary of Housing and Urban Development for public-private partnerships to establish neighborhood learning centers providing computer-based services to help residents of federally assisted housing learn critical computer skills that will improve their educational performance and employment qualifications. ``(4) Technology development fund.--For each such fiscal year, not less than $200,000,000 for the Technology Development Fund under section 714 of the Communications Act of 1934 (47 U.S.C. 614) to provide loans and investment capital to small communications businesses to stimulate new technological growth and development, promote universal service, and enhance the delivery of telecommunications services to rural and underserved areas. ``(5) Technology opportunity program.--For each such fiscal year, not less than $145,000,000 for grants under the Technology Opportunity Program of the Secretary of Commerce pursuant to subpart A of part IV of the Communications Act of 1934 (47 U.S.C. 390 et seq.) to provide matching funds to State, local, and tribal governments and nonprofit entities to extend the benefit of information technology to all Americans, especially those in underserved areas. ``(6) Rural, urban, and native american technology training.--For each such fiscal year, not less than $300,000,000 for preparing residents of rural and urban areas, and Native Americans, for careers in programming, database development, network engineering, and other advance information and technical fields. ``(7) Broadband network deployment.--For each such fiscal year, not less than $100,000,000 for assistance regarding deployment of broadband networks (including wireless and wireline technologies), except that of such amount in each such fiscal year-- ``(A) not less than $2,000,000 shall be available only for research activities of the National Telecommunications and Information Administration regarding improvement of broadband (including wireless and wireline) technology in support of next-generation Internet; and ``(B) not less than $98,000,000 shall be available only for assistance under the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.) for implementing deployment of such networks. ``(8) Home internet access program.--For each such fiscal year, not less than $100,000,000 for grants under a Home Internet Access Program of the National Telecommunications and Information Administration pursuant to subpart A of part IV of the Communications Act of 1934 (47 U.S.C. 390 et seq.) to assist public-private partnerships to address the needs of low- income individuals and families in gaining access to technology and online resources at home, except that notwithstanding subsections (a) and (c) of section 392 of such Act, such amounts may be used to support activities to provide low-income individuals and families with access to the Internet in their homes. ``(9) Falling through the net survey.--Only for fiscal years 2004 and 2007, not less than $500,000 for each such fiscal year for the National Telecommunications and Information Administration for conducting the Falling Through the Net survey, pursuant to sections 901 and 902 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901, 902) to determine the extent to which Americans have access to telephones, computers, and the Internet. ``(c) Assistance Allocated at Discretion of Board.--The Board shall use any amounts made available under section 135 for any fiscal year that are in excess of the amounts required to be used for assistance under subsection (b) to provide-- ``(1) assistance under the programs referred to in such paragraph in addition to the amounts required under such paragraph; or ``(2) other assistance, as the Board determines appropriate, to serve the information technology needs of, or improve the information technology educational or employment opportunities for, residents of rural and urban areas, and Native Americans, that are underserved with respect to information technology needs, jobs, and education. The Board shall have complete discretion to make amounts available under this paragraph for any of the purposes referred to in this paragraph in such amounts as the Board determines appropriate. ``(d) Authority To Reduce Required Assistance in Second 5 Years.-- In any of fiscal years 2006 through 2010, the Board may, by a vote of not less than 8 members of the Board held not more than 3 months before the beginning of such fiscal year, waive the applicability of any one or more of the paragraphs of subsection (b) for such fiscal year and provide assistance for such fiscal year for the purpose referred to in such paragraph in any reduced amount determined appropriate by the Board. Any amounts otherwise required to be used under any such paragraph of subsection (b) that are available by reason of action by the Board pursuant to this subsection shall be treated as excess amounts to be to allocated and made available by the Board under subsection (c). ``(e) Prohibited Activities.--Notwithstanding any provision of subsection (b) or (c), amounts made available under section 135 may not be used for the construction, rehabilitation, or acquisition of any structure in which to provide training or other information technology services assisted pursuant to subsection (a). ``SEC. 134. REGULATIONS. The Secretary of Commerce may prescribe such regulations as may be necessary to carry out this part. ``SEC. 135. AUTHORIZATION OF APPROPRIATIONS. For each of fiscal years 2001 through 2010 there are authorized to be appropriated to carry out this part an amount equal to the amount deposited to the Digital Bridge Trust Fund for such fiscal year pursuant to section 131.''. (b) Repeal.--Effective October 1, 2010, part C of the National Telecommunications and Information Administration Organization Act is repealed. SEC. 3. REDUCTION OF EXCISE TAX ON TELEPHONE AND OTHER COMMUNICATIONS SERVICES. (a) Reduction.--Section 4251(b)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Applicable percentage.--The term `applicable percentage' means 1.5 percent.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to amounts paid pursuant to bills first rendered after September 30, 2000. (b) Repeal.--Subchapter B of chapter 33 of the Internal Revenue Code of 1986 is repealed effective with respect to bills rendered on or after October 1, 2010. (c) Sense of Congress.--It is the sense of the Congress that providers of communications services (as such term is defined in section 4251(b) of the Internal Revenue Code of 1986) should not increase rates for such services based upon any reduction in the excise tax on such services pursuant to the amendments made by this section.

Establishes in the Department of Commerce the Board of Trustees of the Digital Bridge Trust Fund to make decisions with respect to allocations authorized under this Act. Requires the Board to submit annual reports to the President and Congress regarding its activities. Requires the Board to ensure that assistance provided herein is: (1) made available for the benefit of rural and urban areas and Native Americans in a manner that targets such assistance for areas, communities, and populations that are underserved with respect to information technology needs, employment, and education; and (2) appropriately allocated. Directs the Board to make such assistance available for FY 2001 through 2010 for: (1) teacher training; (2) community technology centers; (3) neighborhood network learning centers; (4) the Technology Development Fund; (5) the Technology Opportunity Program; (6) rural, urban, and Native American technology training; (7) broadband network deployment; (8) the Home Internet Access Program; and (9) the Falling Through the Net survey (to determine the extent to which Americans have access to telephones, computers, and the Internet). Allows excess amounts to be allocated at the Board's discretion. Authorizes the Board, in any of fiscal years 2006 through 2010, to reduce the amounts of assistance provided during the first five years. Authorizes appropriations for FY 2001 through 2010. Repeals this Act on October 1, 2010. Amends the Internal Revenue Code to reduce from 3 to 1.5 percent, as of October 1, 2000, the excise tax on telephone and other communications services. Expresses the sense of Congress that providers of communications services should not increase service rates based upon such reduction.

Digital Bridge Trust Fund Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--EMPLOYEES GENERALLY Sec. 101. Definitions. Sec. 102. Stays; probationary employees. Sec. 103. Prohibited personnel practices. Sec. 104. Discipline of supervisors based on retaliation against whistleblowers. Sec. 105. Suicide by employees. Sec. 106. Training for supervisors. Sec. 107. Information on whistleblower protections. TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES Sec. 201. Prevention of unauthorized access to medical records of employees of the Department of Veterans Affairs. Sec. 202. Outreach on availability of mental health services available to employees of the Department of Veterans Affairs. Sec. 203. Protocols to address threats against employees of the Department of Veterans Affairs. Sec. 204. Comptroller General of the United States study on accountability of chiefs of police of Department of Veterans Affairs medical centers. TITLE I--EMPLOYEES GENERALLY SEC. 101. DEFINITIONS. In this title-- (1) the term ``agency''-- (A) except as provided in subparagraph (B), means an entity that is an agency, as defined under section 2302 of title 5, United States Code, without regard to whether one or more portions of title 5 of the United States Code are inapplicable to the entity; and (B) does not include any entity that is an element of the intelligence community, as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)); (2) the term ``employee'' means an employee (as defined in section 2105 of title 5, United States Code) of an agency; and (3) the term ``personnel action'' has the meaning given that term under section 2302 of title 5, United States Code. SEC. 102. STAYS; PROBATIONARY EMPLOYEES. (a) Request by Special Counsel.--Section 1214(b)(1) of title 5, United States Code, is amended by adding at the end the following: ``(E) If the Merit Systems Protection Board grants a stay under this subsection, the head of the agency employing the employee shall give priority to a request for a transfer submitted by the employee.''. (b) Probationary Employees.--Section 1221 of title 5, United States Code, is amended by adding at the end the following: ``(k) If the Merit Systems Protection Board grants a stay to an employee in probationary status under subsection (c), the head of the agency employing the employee shall give priority to a request for a transfer submitted by the employee.''. (c) Study Regarding Retaliation Against Probationary Employees.-- The Comptroller General of the United States shall submit 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 a report discussing retaliation against employees in probationary status. SEC. 103. PROHIBITED PERSONNEL PRACTICES. Section 2302(b) of title 5, United States Code, is amended-- (1) in paragraph (12), by striking ``or'' at the end; (2) in paragraph (13), by striking the period at the end and inserting ``; or''; and (3) by inserting after paragraph (13) the following: ``(14) access the medical record of another employee or an applicant for employment as a part of, or otherwise in furtherance of, any conduct described in paragraphs (1) through (13).''. SEC. 104. DISCIPLINE OF SUPERVISORS BASED ON RETALIATION AGAINST WHISTLEBLOWERS. (a) In General.--Subchapter II of chapter 75 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 7515. Discipline of supervisors based on retaliation against whistleblowers ``(a) Definitions.--In this section-- ``(1) the term `agency'-- ``(A) except as provided in subparagraph (B), means an entity that is an agency, as defined under section 2302, without regard to whether any other provision of this chapter is applicable to the entity; and ``(B) does not include any entity that is an element of the intelligence community, as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)); ``(2) the term `prohibited personnel action' means taking or failing to take an action in violation of paragraph (8), (9), or (14) of section 2302(b) against an employee of an agency; and ``(3) the term `supervisor' means an employee who would be a supervisor, as defined under section 7103(a), if the entity employing the employee was an agency. ``(b) Proposed Disciplinary Actions.-- ``(1) In general.--If the head of the agency employing a supervisor, an administrative law judge, the Merit Systems Protection Board, the Special Counsel, a judge of the United States, or the Inspector General of the agency employing a supervisor determines that the supervisor has committed a prohibited personnel action, the head of the agency employing the supervisor, in accordance with the procedures required under paragraph (2)-- ``(A) for the first prohibited personnel action committed by a supervisor-- ``(i) shall propose suspending the supervisor for a period of not less than 3 days; and ``(ii) may, in addition to a suspension described in clause (i), propose any other action, including a reduction in grade or pay, that the head of the agency determines appropriate; and ``(B) for the second prohibited personnel action committed by a supervisor, shall propose removing the supervisor. ``(2) Procedures.-- ``(A) Notice.--A supervisor against whom an action is proposed to be taken under paragraph (1) is entitled to written notice-- ``(i) stating the specific reasons for the proposed action; and ``(ii) informing the supervisor of the right of the supervisor to review the material which is relied on to support the reasons for the proposed action. ``(B) Answer and evidence.-- ``(i) In general.--A supervisor who is notified under subparagraph (A) that the supervisor is the subject of a proposed action under paragraph (1) is entitled to 14 days following such notification to answer and furnish evidence in support of the answer. ``(ii) No evidence furnished; insufficient evidence.-- After the end of the 14-day period described in clause (i), if a supervisor does not furnish evidence as described in clause (i) or if the head of the agency determines that such evidence is not sufficient to reverse the proposed action, the head of the agency shall carry out the action. ``(C) Scope of procedures.--An action carried out under this section-- ``(i) except as provided in clause (ii), shall be subject to the same requirements and procedures (including regarding appeals) as an action under section 7503, 7513, or 7543; and ``(ii) shall not be subject to-- ``(I) paragraphs (1) and (2) of section 7503(b); ``(II) paragraphs (1) and (2) of subsection (b) and subsection (c) of section 7513; or ``(III) paragraphs (1) and (2) of subsection (b) and subsection (c) of section 7543. ``(3) Delegation.-- ``(A) In general.--Except as provided in paragraph (B), the head of an agency may delegate any authority or responsibility under this subsection. ``(B) Nondelegability of determination regarding prohibited personnel action.--If the head of an agency is responsible for determining whether a supervisor has committed a prohibited personnel action for purposes of paragraph (1), the head of the agency may not delegate that responsibility.''. (b) Technical and Conforming Amendment.--The table of sections for subchapter II of chapter 75 of title 5, United States Code, is amended by adding at the end the following: ``7515. Discipline of supervisors based on retaliation against whistleblowers.''. SEC. 105. SUICIDE BY EMPLOYEES. (a) Referral.--The head of an agency shall refer to the Special Counsel, along with any information known to the agency regarding the circumstances described in paragraphs (2) and (3), any instance in which the head of the agency has information indicating-- (1) an employee of the agency committed suicide; (2) prior to the death of the employee, the employee made any disclosure of information which reasonably evidences-- (A) any violation of any law, rule, or regulation; or (B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; and (3) after a disclosure described in paragraph (2), a personnel action was taken against the employee. (b) Office of Special Counsel Review.--For any referral to the Special Counsel under subsection (a), the Special Counsel shall-- (1) examine whether any personnel action was taken because of any disclosure of information described in subsection (a)(2); and (2) take any action the Special Counsel determines appropriate under subchapter II of chapter 12 of title 5, United States Code. SEC. 106. TRAINING FOR SUPERVISORS. In consultation with the Special Counsel and the Inspector General of the agency (or senior ethics official of the agency for an agency without an Inspector General), the head of each agency shall provide training regarding how to respond to complaints alleging a violation of whistleblower protections (as defined in section 2307 of title 5, United States Code, as added by section 107) available to employees of the agency-- (1) to employees appointed to supervisory positions in the agency who have not previously served as a supervisor; and (2) on an annual basis, to all employees of the agency serving in a supervisory position. SEC. 107. INFORMATION ON WHISTLEBLOWER PROTECTIONS. (a) Existing Provision.-- (1) In general.--Section 2302 of title 5, United States Code, is amended-- (A) by striking subsection (c); and (B) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. (2) Technical and conforming amendments.-- (A) Section 4505a(b)(2) of title 5, United States Code, is amended by striking ``section 2302(d)'' and inserting ``section 2302(c)''. (B) Section 5755(b)(2) of title 5, United States Code, is amended by striking ``section 2302(d)'' and inserting ``section 2302(c)''. (C) Section 110(b)(2) of the Whistleblower Protection Enhancement Act of 2012 (5 U.S.C. 2302 note) is amended by striking ``section 2302(f)(1) or (2)'' and inserting ``section 2302(e)(1) or (2)''. (D) Section 1217(d)(3) of the Panama Canal Act of 1979 (22 U.S.C. 3657(d)(3)) is amended by striking ``section 2302(d)'' and inserting ``section 2302(c)''. (E) Section 1233(b) of the Panama Canal Act of 1979 (22 U.S.C. 3673(b)) is amended by striking ``section 2302(d)'' and inserting ``section 2302(c)''. (b) Provision of Information.--Chapter 23 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 2307. Information on whistleblower protections ``(a) Definitions.--In this section-- ``(1) the term `agency'-- ``(A) except as provided in subparagraph (B), has the meaning given that term in section 2302; and ``(B) does not include any entity that is an element of the intelligence community, as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)); ``(2) the term `new employee' means an individual-- ``(A) appointed to a position as an employee of an agency on or after the date of enactment of the Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017; and ``(B) who has not previously served as an employee; and ``(3) the term `whistleblower protections' means the protections against and remedies for a prohibited personnel practice described in paragraph (8), subparagraph (A)(i), (B), (C), or (D) of paragraph (9), or paragraph (14) of section 2302(b). ``(b) Responsibilities of Head of Agency.--The head of each agency shall be responsible for the prevention of prohibited personnel practices, for the compliance with and enforcement of applicable civil service laws, rules, and regulations, and other aspects of personnel management, and for ensuring (in consultation with the Special Counsel and the Inspector General of the agency) that employees of the agency are informed of the rights and remedies available to them under this chapter and chapter 12, including-- ``(1) information regarding whistleblower protections available to new employees during the probationary period; ``(2) the role of the Office of Special Counsel and the Merit Systems Protection Board with regard to whistleblower protections; and ``(3) how to make a lawful disclosure of information that is specifically required by law or Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs to the Special Counsel, the Inspector General of an agency, Congress, or other agency employee designated to receive such disclosures. ``(c) Timing.--The head of each agency shall ensure that the information required to be provided under subsection (b) is provided to each new employee of the agency not later than 6 months after the date the new employee begins performing service as an employee. ``(d) Information Online.--The head of each agency shall make available information regarding whistleblower protections applicable to employees of the agency on the public website of the agency, and on any online portal that is made available only to employees of the agency if one exists. ``(e) Delegees.--Any employee to whom the head of an agency delegates authority for personnel management, or for any aspect thereof, shall, within the limits of the scope of the delegation, be responsible for the activities described in subsection (b).''. (c) Technical and Conforming Amendment.--The table of sections for chapter 23 of title 5, United States Code, is amended by adding at the end the following: ``2307. Information on whistleblower protections.''. TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES SEC. 201. PREVENTION OF UNAUTHORIZED ACCESS TO MEDICAL RECORDS OF EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Development of Plan.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall-- (A) develop a plan to prevent access to the medical records of employees of the Department of Veterans Affairs by employees of the Department who are not authorized to access such records; (B) submit to the appropriate committees of Congress the plan developed under subparagraph (A); and (C) upon request, provide a briefing to the appropriate committees of Congress with respect to the plan developed under subparagraph (A). (2) Elements.--The plan required under paragraph (1) shall include the following: (A) A detailed assessment of strategic goals of the Department for the prevention of unauthorized access to the medical records of employees of the Department. (B) A list of circumstances in which an employee of the Department who is not a health care provider or an assistant to a health care provider would be authorized to access the medical records of another employee of the Department. (C) Steps that the Secretary will take to acquire new or implement existing technology to prevent an employee of the Department from accessing the medical records of another employee of the Department without a specific need to access such records. (D) Steps the Secretary will take, including plans to issue new regulations, as necessary, to ensure that an employee of the Department may not access the medical records of another employee of the Department for the purpose of retrieving demographic information if that demographic information is available to the employee in another location or through another format. (E) A proposed timetable for the implementation of such plan. (F) An estimate of the costs associated with implementing such plan. (b) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Homeland Security and Governmental Affairs and the Committee on Veterans' Affairs of the Senate; and (2) the Committee on Oversight and Government Reform and the Committee on Veterans' Affairs of the House of Representatives. SEC. 202. OUTREACH ON AVAILABILITY OF MENTAL HEALTH SERVICES AVAILABLE TO EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS. The Secretary of Veterans Affairs shall conduct a program of outreach to employees of the Department of Veterans Affairs to inform those employees of any mental health services, including telemedicine options, that are available to them. SEC. 203. PROTOCOLS TO ADDRESS THREATS AGAINST EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS. The Secretary of Veterans Affairs shall ensure protocols are in effect to address threats from individuals receiving health care from the Department of Veterans Affairs directed towards employees of the Department who are providing such health care. SEC. 204. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON ACCOUNTABILITY OF CHIEFS OF POLICE OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS. The Comptroller General of the United States shall conduct a study to assess the reporting, staffing, accountability, and chain of command structure of the Department of Veterans Affairs police officers at medical centers of the Department. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was reported to the Senate on May 4, 2017 . Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 TITLE I--EMPLOYEES GENERALLY (Sec. 102) This bill directs federal agencies (excluding any entity that is an element of the intelligence community) to give priority to an employee transfer request if the Merit Systems Protections Board (MSPB) grants a stay of a personnel action at the request of: (1) the Office of Special Counsel (OSC) if the OSC determines the personnel action was taken, or is to be taken, as a result of a prohibited personnel practice; or (2) the employee if the individual is in probationary status and seeks corrective action. The Government Accountability Office (GAO) shall report to Congress on retaliation against employees in probationary status. (Sec. 103) The bill: (1) prohibits any employee who has the authority to take a personnel action to access the medical records of another employee or applicant for employment, (2) authorizes disciplinary action against supervisors for retaliation against whistleblowers. (Sec. 105) Agencies must: (1) refer information about employee suicides to the OSC, (2) train supervisors on responding to complaints alleging whistleblower protections violations, (3) provide information regarding whistleblower protections to new employees during probationary periods, (4) inform employees of the role of the OSC and the MSPB with regard to whistleblower protection, and (5) make information about such protections available on agency websites. TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES (Sec. 201) The Department of Veterans Affairs (VA) must: (1) submit a plan to prevent unauthorized access to the medical records of VA employees; (2) conduct an outreach program to inform its employees of available mental health services, including telemedicine options; and (3) ensure protocols are in effect to address threats against VA employees providing health care. (Sec. 204) The GAO shall assess the reporting, staffing, accountability, and chain of command structure of the VA police officers at VA medical centers.

Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017

SECTION 1. LAKE PONTCHARTRAIN, LOUISIANA. (a) Authority of Secretary of the Army.--The project authorized by section 204 of Flood Control Act of 1965 (Public Law 89-298; 79 Stat. 1077) and modified by section 7012(a)(2) of the Water Resources Development Act of 2007 (Public Law 110-114; 121 Stat. 1279), the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 454) and Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2350) is further modified to authorize the Secretary of the Army to construct a pumping station that shall be specifically designed to evacuate storm water from the area known as Hoey's Basin, as-- (1) generally described in the report entitled ``U.S. Army Corps of Engineers Individual Environmental Report #5; Permanent Protection System for the Outfall Canals project on 17th Street, Orleans Avenue, and London Avenue Canals''; and (2) more specifically described under the ``Pump to the Mississippi River'' option contained in the report described in paragraph (1). (b) Authorized Cost.--The total cost of the project authorized under subsection (a) shall be $205,000,000. (c) Federal Share.--The Federal share of the cost of the project authorized under this Act shall be performed only in accordance with the Federal cost share provided for under the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 454) and the Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2350). (d) Definitions.--In this section: (1) Project.--The term ``project'' means the project for permanent pumps and canal modifications authorized by section 204 of Flood Control Act of 1965 (Public Law 89-298; 79 Stat. 1077), modified by section 7012(a)(2) of the Water Resources Development Act of 2007 (Public Law 110-114; 121 Stat. 1279), the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 454) and the Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2350); and further modified by section (a) of this Act. (2) Project report.--The term ``project report'' means the report-- (A) submitted by the Secretary to Congress; (B) dated August 30, 2007; and (C) provided in response to the requirements described in section 4303 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110-28; 121 Stat. 154) as the basis for complying with the requirements of-- (i) the project; and (ii) the modifications to the 17th Street, Orleans Avenue, and London Avenue canals in and near the city of New Orleans carried out under the project. (3) Secretary.--The term ``Secretary'' means the Secretary of the Army. (e) Duties of the Secretary.-- (1) Study; report.-- (A) Study.--Upon enactment of this Act, the Secretary shall conduct a study under which the Secretary shall carry out-- (i) an analysis of the residual risks associated with options 1, 2, and 2a, as described in the project report; and (ii) an independent peer review of the effectiveness of concept designs and preliminary cost estimates associated with each option. (B) Reports.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate a report that-- (i) contains the results of the study conducted under subparagraph (A); and (ii) identifies the option contained in the project report that-- (I) is more technically advantageous; (II) is more effective from an operational perspective in providing greater reliability and reducing the risk of flooding to the New Orleans area over the long term; and (III) if implemented, would-- (aa) increase the overall drainage capacity of the region; (bb) reduce local flooding to the greatest extent practicable; and (cc) provide the greatest system flexibility. (2) Implementation.--Effective on the date on which the Secretary submits the report under paragraph (1)(B), the Secretary shall resume the implementation of the project in accordance with the option selected by the Secretary under the report and without regard to the funds available, is directed under this Act to implement the option contained in the report that is found to be more technically advantageous and more effective from an operational perspective in providing greater reliability and reducing the risk of flooding to the New Orleans area over the long term.

Modifies the Lake Pontchartrain flood control project, Louisiana, to authorize the Secretary of the Army to construct a pumping station specifically designed to evacuate storm water from the Hoey's Basin area at a specified cost and federal share. Requires the Secretary to: (1) conduct a study to carry out an analysis of the residual risks associated with specified options described in the project report and an independent peer review of the effectiveness of concept designs and preliminary cost estimates associated with each option; (2) report to specified congressional committees regarding the option that is more technically advantageous and more effective from an operational perspective in providing greater reliability and reducing the risk of flooding to the New Orleans area over the long term and that would increase the overall drainage capacity of the region, reduce local flooding to the greatest extent practicable, and provide the greatest system flexibility; and (3) resume project implementation with that option without regard to the funds available.

To require the Secretary of the Army to carry out a study to determine the most effective manner by which to carry out the Lake Pontchartrain flood control project, to authorize the Secretary of the Army to construct a new pumping station at Lake Pontchartrain, Louisiana, and for other purposes.

SECTION 1. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Administration.--The term ``Administration'' means the Federal Aviation Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (3) Air transportation.--The term ``air transportation'' means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft. (4) Aircraft.--The term ``aircraft'' means any contrivance invented, used, or designed to navigate, or fly in, the air. (5) Function.--The term ``function'' means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (6) Office.--The term ``office'' includes any office, administration, agency, institute, unit, organizational entity, or component thereof. (7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 2. REORGANIZATION. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator, shall reorganize the Federal Aviation Administration in accordance with this Act. (b) Transfer of Functions.--In carrying out the reorganization under this Act, the Secretary shall transfer to another office of the Department any function of the Administration that is not directly related to the promotion of air safety. (c) Use of Funds.--In carrying out the reorganization under this Act, the Secretary is authorized to use funds made available for the Administration for the functions transferred to other offices of the Department under subsection (b)(1) to carry out those functions. SEC. 3. SAVINGS PROVISIONS. (a) Continuing Effect of Legal Documents.--Until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary or other authorized official, a court of competent jurisdiction, or by operation of law, all orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions shall continue if they are-- (1) issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions that are transferred under this Act; and (2) in effect on the date of enactment of this Act, or were final before the date of enactment of this Act and are to become effective on or after such date. (b) Proceedings Not Affected.-- (1) In general.--The provisions of this Act shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, or financial assistance pending before the Federal Aviation Administration on the date of enactment of this Act, and those proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this title had not been enacted, and shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. (4) Rule of construction.--Nothing in this subsection may be construed to prohibit the discontinuance or modification of any proceeding referred to in paragraph (1) under the same terms and conditions, and to the same extent, that such proceeding could have been discontinued if this Act had not been enacted. (c) Suits Not Affected.--The provisions of this Act shall not affect suits commenced before the date of enactment of this Act. In all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against the Federal Aviation Administration or by and against any individual in the official capacity of such individual as an officer of the Federal Aviation Administration, shall abate by reason of the enactment of this Act. (e) Administrative Actions Relating to Promulgation of Regulations.--Any administrative action relating to the preparation or promulgation of a regulation by the Federal Aviation Administration relating to a function transferred under this title may be continued by the Department with the same effect as if this title had not been enacted. SEC. 4. REFERENCES. Reference in any other Federal law, Executive order, regulation, or any document relating to-- (1) the Administrator, with regard to the functions transferred under section 2, shall be deemed to refer to the Secretary; and (2) the Administration, with regard to functions transferred under section 2, shall be deemed to refer to the Department. SEC. 5. RECOMMENDED LEGISLATION. Not later than 180 days after the date of enactment of this Act, the Secretary shall prepare and submit to the Congress recommended legislation containing technical and conforming amendments (including amendments to subtitle VII of title 49, United States Code) to reflect the changes made by this Act.

Directs the Secretary of Transportation to reorganize the Federal Aviation Administration (FAA) by transferring to another office of the Department of Transportation any function of the FAA that is not directly related to the promotion of air safety.

A bill to require the Secretary of Transportation to reorganize the Federal Aviation Administration to ensure that the Administration carries out only safety-related functions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Inflation Protection Act of 2016''. SEC. 2. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS OF ELIGIBLE INDIVIDUALS. (a) In General.--Part II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 1023 as section 1024 and by inserting after section 1022 the following new section: ``SEC. 1023. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS OF ELIGIBLE INDIVIDUALS. ``(a) In General.-- ``(1) Indexed basis substituted for adjusted basis.--Solely for purposes of determining gain or loss on the sale or other disposition by an eligible individual of an indexed asset which has been held by such individual for more than 3 years, the indexed basis of the asset shall be substituted for its adjusted basis. ``(2) Exception for depreciation, etc.--The deductions for depreciation, depletion, and amortization shall be determined without regard to the application of paragraph (1) to the taxpayer or any other person. ``(3) Written documentation requirement.--Paragraph (1) shall apply only with respect to indexed assets for which the taxpayer has written documentation of the original purchase price paid or incurred by the taxpayer to acquire such asset. ``(b) Eligible Individual.--For purposes of this section, the term `eligible individual' means, with respect to any indexed asset, any individual if such individual has attained age 59\1/2\ as of the date of the sale or other disposition of such asset. ``(c) Indexed Asset.-- ``(1) In general.--For purposes of this section, the term `indexed asset' means-- ``(A) common stock in a C corporation (other than a foreign corporation), or ``(B) tangible property, which is a capital asset or property used in the trade or business (as defined in section 1231(b)). ``(2) Stock in certain foreign corporations included.--For purposes of this section-- ``(A) In general.--The term `indexed asset' includes common stock in a foreign corporation which is regularly traded on an established securities market. ``(B) Exception.--Subparagraph (A) shall not apply to-- ``(i) stock of a foreign investment company, ``(ii) stock in a passive foreign investment company (as defined in section 1296), ``(iii) stock in a foreign corporation held by a United States person who meets the requirements of section 1248(a)(2), and ``(iv) stock in a foreign personal holding company. ``(C) Treatment of american depository receipts.-- An American depository receipt for common stock in a foreign corporation shall be treated as common stock in such corporation. ``(d) Indexed Basis.--For purposes of this section-- ``(1) In general.--The indexed basis for any asset is-- ``(A) the adjusted basis of the asset, increased by ``(B) the applicable inflation adjustment. ``(2) Applicable inflation adjustment.--The applicable inflation adjustment for any asset is an amount equal to-- ``(A) the adjusted basis of the asset, multiplied by ``(B) the percentage (if any) by which-- ``(i) the gross domestic product deflator for the last calendar quarter ending before the asset is disposed of, exceeds ``(ii) the gross domestic product deflator for the last calendar quarter ending before the asset was acquired by the taxpayer. The percentage under subparagraph (B) shall be rounded to the nearest \1/10\ of 1 percentage point. ``(3) Gross domestic product deflator.--The gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the last revision thereof released by the Secretary of Commerce before the close of the following calendar quarter). ``(e) Suspension of Holding Period Where Diminished Risk of Loss; Treatment of Short Sales.-- ``(1) In general.--If the taxpayer (or a related person) enters into any transaction which substantially reduces the risk of loss from holding any asset, such asset shall not be treated as an indexed asset for the period of such reduced risk. ``(2) Short sales.-- ``(A) In general.--In the case of a short sale of an indexed asset with a short sale period in excess of 3 years, for purposes of this title, the amount realized shall be an amount equal to the amount realized (determined without regard to this paragraph) increased by the applicable inflation adjustment. In applying subsection (d)(2) for purposes of the preceding sentence, the date on which the property is sold short shall be treated as the date of acquisition and the closing date for the sale shall be treated as the date of disposition. ``(B) Short sale period.--For purposes of subparagraph (A), the short sale period begins on the day that the property is sold and ends on the closing date for the sale. ``(f) Dispositions Between Related Persons.-- ``(1) In general.--This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. ``(2) Related persons defined.--For purposes of this section, the term `related persons' means-- ``(A) persons bearing a relationship set forth in section 267(b), and ``(B) persons treated as single employer under subsection (b) or (c) of section 414. ``(g) Transfers To Increase Indexing Adjustment.--If any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is to secure or increase an adjustment under subsection (a), the Secretary may disallow part or all of such adjustment or increase. ``(h) Special Rules.--For purposes of this section-- ``(1) Treatment of improvements, etc.--If there is an addition to the adjusted basis of any tangible property or of any stock in a corporation during the taxable year by reason of an improvement to such property or a contribution to capital of such corporation-- ``(A) such addition shall never be taken into account under subsection (d)(1)(A) if the aggregate amount thereof during the taxable year with respect to such property or stock is less than $1,000, and ``(B) such addition shall be treated as a separate asset acquired at the close of such taxable year if the aggregate amount thereof during the taxable year with respect to such property or stock is $1,000 or more. A rule similar to the rule of the preceding sentence shall apply to any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. ``(2) Assets which are not indexed assets throughout holding period.--The applicable inflation adjustment shall be appropriately reduced for periods during which the asset was not an indexed asset. ``(3) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. ``(4) Section cannot increase ordinary loss.--To the extent that (but for this paragraph) this section would create or increase a net ordinary loss to which section 1231(a)(2) applies or an ordinary loss to which any other provision of this title applies, such provision shall not apply. The taxpayer shall be treated as having a long-term capital loss in an amount equal to the amount of the ordinary loss to which the preceding sentence applies. ``(5) Acquisition date where there has been prior application of subsection (a)(1) with respect to the taxpayer.--If there has been a prior application of subsection (a)(1) to an asset while such asset was held by the taxpayer, the date of acquisition of such asset by the taxpayer shall be treated as not earlier than the date of the most recent such prior application. ``(i) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for part II of subchapter O of chapter 1 of such Code is amended by striking the item relating to section 1023 and by inserting after the item relating to section 1022 the following new items: ``Sec. 1022. Indexing of certain assets for purposes of determining gain or loss. ``Sec. 1023. Cross references.''. (c) Effective Date.--The amendments made by this section shall apply to indexed assets acquired by the taxpayer after December 31, 2016, in taxable years ending after such date.

Retirement Inflation Protection Act of 2016 This bill amends the Internal Revenue Code to allow the adjusted basis of certain assets (including common stock in a C corporation and tangible property used in a trade or business) to be indexed for inflation for the purpose of determining the gain or loss of individuals who: (1) have held the asset for more than 3 years, and (2) have attained the age of 59-1/2 as of the date of the sale or other disposition of the asset. The bill sets forth rules for applying the inflation adjustment to short sales, dispositions between related persons, and improvements to property or contributions of capital. The Internal Revenue Service may disallow an adjustment if any person transfers cash, debt, or any other property to another person for the principal purpose of securing or increasing the adjustment allowed by this bill.

Retirement Inflation Protection Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civilian Facilities Closure and Realignment Act of 1993''. SEC. 2. PURPOSE. The purpose of this Act is to reduce unnecessary spending in the Federal Government by closing or realigning duplicative, wasteful, or otherwise unnecessary civilian facilities, including facilities that-- (1) have a cost to the Federal Government that is out of proportion to the benefits provided through the facility; or (2) fail to further any legitimate goal or mission of the administering agency. SEC. 3. THE CIVILIAN FACILITIES CLOSURE AND REALIGNMENT COMMISSION. (a) Establishment.--There is established an independent commission to be known as the ``Civilian Facilities Closure and Realignment Commission''. (b) Duties.--The Commission shall carry out the duties specified for it in this Act. (c) Appointment.--(1)(A) The Commission shall be composed of seven members appointed by the President, by and with the advice and consent of the Senate. (B) No later than January 1, 1994, the President shall submit to the Senate the nominations for appointment to the Commission. (2) In selecting individuals for nominations for appointments to the Commission, the President should consult with-- (A) the Speaker of the House of Representatives concerning the appointment of one member; (B) the majority leader of the Senate concerning the appointment of one member; (C) the minority leader of the House of Representatives concerning the appointment of one member; and (D) the minority leader of the Senate concerning the appointment of one member. (3) At the time the President nominates individuals for appointment to the Commission, the President shall designate one such individual who shall serve as Chairman of the Commission. (d) Terms.--Each member of the Commission shall serve until December 31, 1995, and may only be removed by the President for cause. (e) Meetings.--(1) Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public. (2) All the proceedings, information, and deliberations of the Commission shall be open, upon request, to any Member or committee of the Congress. (f) Vacancies.--A vacancy in the Commission shall be filled in the same manner as the original appointment, but the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual's predecessor was appointed. (g) Pay and Travel Expenses.--(1)(A) Each member, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. (B) The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (h) Director of Staff.--(1) The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a Director who has not served as a Federal employee during the one-year period preceding the date of such appointment. (2) The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (i) Staff.--(1) Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. (2) The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for a position above GS-15 of the General Schedule. (3) Upon request of the Director, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this Act. (4) The Comptroller General of the United States shall provide assistance, including the detailing of employees, to the Commission in accordance with an agreement entered into with the Commission. (j) Consultants and Property.--(1) The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. (2) The Commission may lease space and acquire personal property to the extent funds are available. (k) Funding.--There are authorized to be appropriated to the Commission such funds as are necessary to carry out its duties under this Act. Such funds shall remain available until expended. (l) Termination.--The Commission shall terminate on December 31, 1995. SEC. 4. RECOMMENDATIONS AND REPORT FOR CIVILIAN FACILITY CLOSURES AND REALIGNMENTS. (a) Agency Recommendations.--(1) No later than June 1, 1994, each head of an executive agency as defined under section 105 of title 5, United States Code (except for the Secretary of Defense with regard to the Department of Defense) shall submit to the Commission recommendations for closing or realigning civilian facilities administered by such agency. The recommendations shall include a statement providing rationale for the recommended closure or realignment. (2) The Office of Management and Budget shall submit to the Commission with each recommendation submitted under paragraph (1), an estimate of the administrative costs and savings that would result from the implementation of such recommendation for the 5 fiscal years following such implementation. (b) Review and Recommendations by the Commission.--(1) After receiving the recommendations from the heads of executive agencies under subsection (a), the Commission shall conduct public hearings on the recommendations. Such hearings shall be conducted in Washington, D.C. and in affected regions throughout the United States. (2)(A) No later than June 1, 1995, the Commission shall submit to the President a report containing-- (i) the Commission's findings and conclusions based on a review and analysis of the recommendations made by the heads of executive agencies and from public hearings; (ii) the Commission's recommendations for closures and realignments of Federal facilities; and (iii) proposed legislation (containing specific language proposed to be enacted) to implement the Commission's recommendations. (B) Subject to subparagraph (C), in making its recommendations, the Commission may make changes in any of the recommendations made by the heads of executive agencies. (C) In the case of a change described in subparagraph (D) in the recommendations made by the heads of executive agencies, the Commission may make the change only if the Commission-- (i) publishes a notice of the proposed change in the Federal Register not less than 30 days before submitting its recommendations to the President under subparagraph (A); and (ii) conduct a public hearing on the proposed change. (D) Subparagraph (C) shall apply to a change by the Commission in the heads of executive agencies' recommendations that would-- (i) add a facility to the list of facilities recommended by the applicable head of an executive agency for closure; (ii) add a facility to the list of facilities recommended by the applicable head of an executive agency for realignment; or (iii) increase the extent of a realignment of a particular facility recommended by the applicable head of an executive agency. (3) The Commission shall explain and justify in its report submitted to the President under paragraph (2) any recommendation made by the Commission that is different from the recommendations made by the heads of the executive agencies under subsection (a). The Commission shall submit a copy of such report to the Congress on the same date on which it submits its recommendations to the President under paragraph (2). (4) After the Commission submits recommendations to the President under this subsection, the Commission shall promptly provide, upon request, to any Member or committee of Congress information used by the Commission in making its recommendations. (5) The Comptroller General of the United States shall-- (A) assist the Commission, to the extent requested, in the Commission's review and analysis of the recommendations made by the heads of the executive agencies under subsection (c); and (B) submit to the Congress and to the Commission a report containing a detailed analysis of the heads of executive agencies' recommendations and selection process, including an assessment of whether such recommendations comply with the purposes of this Act. (c) Review by the President.--(1) No later than September 1, 1995, the President shall approve or disapprove the report submitted under subsection (b)(2)(A). (2) If the report is approved the President shall submit the report to the Congress for legislative action under section 5. (3) If the President disapproves the report, the President shall report specific issues and objections, including the reasons for any changes recommended in the report, to the Commission and the Congress. (4) The Commission shall consider any issues or objections raised by the President and may modify the report based on such issues and objections. No later than 30 days after receipt of the President's disapproval under paragraph (3), the Commission shall submit the final report (as modified if modified) to the Congress for legislative action under section 5. SEC. 5. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT. (a) Definitions.--For purposes of this section-- (1) the term ``implementation bill'' means only a bill which is introduced as provided under subsection (b), and contains the proposed legislation contained in the final report submitted to the Congress under section 4(c) (2) or (4) without modification; and (2) the term ``session day'' means a day that both the Senate and the House of Representatives are in session. (b) Introduction and Referral.--(1) On the first session day on or immediately following the date on which a final report is submitted to the Congress under section 4(c) (2) or (4), an implementation bill shall be introduced-- (A) in the Senate by the Majority Leader of the Senate, for himself, the Minority Leader of the Senate, or by Members of the Senate designated by the Majority Leader and Minority Leader of the Senate; and (B) in the House of Representatives by the Majority Leader of the House of Representatives, for himself and the Minority Leader of the House of Representatives, or by Members of the House of Representatives designated by the Majority Leader and Minority Leader of the House of Representatives. (2) The implementation bill introduced in the Senate shall be referred concurrently to the Committee on Governmental Affairs of the Senate, and other committees with jurisdiction. The implementation bill introduced in the House of Representatives shall be referred concurrently to the Committee on Government Operations of the House of Representatives, and other committees with jurisdiction. (c) Discharge.--If the committee to which an implementation bill is referred has not reported such bill by the end of the 15 session day period beginning on the date of introduction of such bill, such committee shall be, at the end of such period, discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved. (d) Consideration.--(1) On or after the fifth session day after the date on which the committee to which such a bill is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a bill, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the implementation bill (but only on the day after the calendar day on which such Member announces to the House concerned the Member's intention to do so). All points of order against the implementation bill (and against consideration of the implementation bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the implementation bill is agreed to, the respective House shall immediately proceed to consideration of the implementation bill without intervening motion, order, or other business, and the implementation bill shall remain the unfinished business of the respective House until disposed of. (2) Debate on the implementation bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the Majority Leader and the Minority Leader or their designees. An amendment to the implementation bill is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the implementation bill is not in order. A motion to reconsider the vote by which the implementation bill is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on an implementation bill and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the implementation bill shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to an implementation bill shall be decided without debate. (e) Consideration by Other House.--(1) If, before the passage by one House of an implementation bill of that House described in subsection (a), that House receives from the other House an implementation bill described in subsection (a), then the following procedures shall apply: (A) The implementation bill of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to an implementation bill described in subsection (a) of the House receiving such bill-- (i) the procedure in that House shall be the same as if no implementation bill had been received from the other House; but (ii) the vote on final passage shall be on the implementation bill of the other House, except that if the implementation bill is a bill for the raising of revenue, the vote of final passage shall be upon the implementation bill which originates in the House of Representatives. (2) Upon disposition of the implementation bill received from the other House, it shall no longer be in order to consider the implementation bill that originated in the receiving House. (f) Rules of the Senate and House.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of an implementation bill described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 6. DISTRIBUTION OF ASSETS. Any proceeds from the sale of assets of any department or agency resulting from the enactment of an Act under section 5 shall be-- (1) applied to reduce the Federal deficit; and (2) deposited in the Treasury and treated as general receipts. SEC. 7. ADDITIONAL APPROPRIATIONS BASED ON AGENCY SAVINGS. It is the sense of the Congress that-- (1) in the fiscal year immediately following a recommendation submitted under section 4(a)(1) there should be appropriated to each agency an amount no less than 25 percent of the amount of the estimate of administrative savings determined under section 4(a)(2) applicable to such agency in the 3 fiscal years following the submission of the recommendation; and (2) the appropriated amount described under paragraph (1) should be-- (A) appropriated funds in addition to funds which would otherwise be appropriated to such agency if not for the provisions of this Act; and (B) made available for expenditure at the discretion of the head of such agency to improve such agency's management, efficiency, or productivity. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as necessary to carry out the provisions of this Act. S 1187 IS----2

Civilian Facilities Closure and Realignment Act of 1993 - Establishes the Civilian Facilities Closure and Realignment Commission. Requires the heads of executive agencies (except for the Secretary of Defense) to submit recommendations for closing or realigning civilian facilities to the Commission. Directs the Office of Management and Budget to submit estimates of the administrative costs and savings that would result from the implementation of such recommendations to the Commission. Requires the Commission to report its recommendations for closures and realignments of Federal facilities and proposed legislation to the President. Provides for presidential approval of the report. Sets forth procedures for congressional consideration of the proposed legislation. Requires proceeds from the sale of any agency's assets resulting from closures or realignments to be applied to reduce the Federal deficit and deposited in the Treasury and treated as general receipts. Expresses the sense of the Congress that: (1) in the fiscal year immediately following the submission of an agency's recommendation, there should be appropriated to each agency at least 25 percent of the amount of estimated administrative savings applicable to such agency in the three fiscal years following such submission; and (2) the appropriated amount should be in addition to funds which would otherwise be appropriated if not for this Act and made available for expenditure to improve the agency's management, efficiency, or productivity. Authorizes appropriations.

Civilian Facilities Closure and Realignment Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Cities Act of 2009''. SEC. 2. CREATION OF AND ASSISTANCE FOR VIOLENT AND DRUG CRIME ZONES. Title XXI of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14061 et seq.) is amended by adding at the end the following new subtitle: ``Subtitle E--Coordination With Federal Agencies to Curb Violent Crime ``SEC. 21501. CREATION OF AND ASSISTANCE FOR VIOLENT AND DRUG CRIME ZONES. ``(a) Definitions.--In this section the following definitions shall apply: ``(1) Governor.--The term `Governor' means a Governor or other chief executive officer of a State or the Mayor of the District of Columbia. ``(2) Violent and drug crime zone.--The term `Violent and Drug Crime Zone' means a metropolitan area within a State or multiple States that is designated as having rates of homicides, violent felonies, sex offenses, drug and gang- related crimes that are high in proportion to the national average rates of such crimes, as determined by the most recent available data of the Federal Bureau of Investigation and the National Incident Based Reporting System maintained by the uniform crime reporting program of the Federal Bureau of Investigation. For purposes of the previous sentence, rates of a crime for an area shall be treated as high in proportion to the national average rates of such crime if such rates for the area are greater than 5 times the national average rates. ``(3) State.--The term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ``(b) Violent and Drug Crime Zones.-- ``(1) Designation.--The Attorney General, after consultation with the Governor of each appropriate State and with relevant Federal agencies, may designate as a Violent and Drug Crime Zone, any specified area that is located within 1 or more States, based on the criteria for designation under paragraph (4). ``(2) Assistance and coordination.--In order to provide Federal assistance to Violent and Drug Crime Zones, the Attorney General shall, upon consultation with appropriate State and relevant local and Federal law enforcement agencies-- ``(A) establish a drug and violent crime intervention team in each Violent and Drug Crime Zone, which will consist of local, State, and relevant Federal law enforcement authorities, for the coordinated investigation, apprehension, and prosecution of criminal activity in such zone; ``(B) ensure the establishment of a Safe Cities Task Force described in subsection (c) for each Violent and Drug Crime Zone; ``(C) coordinate with appropriate Federal agencies the temporary reassignment of personnel to the intervention team established under subparagraph (A); ``(D) provide funding or create funding partnership opportunities with one or more States for the operation of such intervention teams; and ``(E) require reporting from such intervention teams to share intelligence and best practices. ``(3) Composition of drug and violent crime intervention teams.--Each drug and violent crime intervention team established pursuant to paragraph (2)(A) shall consist of agents and officers, where feasible, from-- ``(A) the Federal Bureau of Investigation; ``(B) the Drug Enforcement Administration; ``(C) the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and ``(D) other relevant Federal agencies, as determined by the Attorney General in consultation with local law enforcement agencies in the relevant area designated under paragraph (1). ``(4) Criteria for designation.--In considering an area for designation as a Drug and Violent Crime Zone under this section, the Attorney General shall consider-- ``(A) the current levels of homicides, violent crimes, sex crimes, and drug-related and gang-related crimes in the zone; ``(B) the extent to which State and local law enforcement agencies have committed and need additional resources to respond to the crimes described in subparagraph (A); ``(C) the extent to which a significant increase in the allocation of Federal resources would enhance local response to the crimes described in subparagraph (A); and ``(D) any other criteria deemed appropriate by the Attorney General. ``(5) Training and transfer of best practices.--Federal agency personnel who participate in a drug and violent crime intervention team under this subsection shall, as a condition of such participation, develop and submit to the Attorney General best practice reports. The Attorney General shall provide for such best practice reports, as well as other intelligence and knowledge-transfer opportunities, to be shared with State and local law enforcement agencies to enable such agencies to replicate the best practices of the intervention teams. ``(c) Safe Cities Task Forces.-- ``(1) In general.--There shall be established, for each Violent and Drug Crimes Zone, a Safe Cities Task Force. ``(2) Membership.--Each Safe Cities Task Force, with respect to a Violent and Drug Crimes Zone, shall consist of not more than 8 members, including the Mayor involved, Chief of Police or equivalent, Governor of the applicable State, the city attorney (or equivalent) involved, and representatives from Federal law enforcement agencies as determined appropriate by the Attorney General. ``(3) Duties.--The duties of each Safe Cities Task Force shall include the following: ``(A) Oversight of funding expenditures related to the creation and work of the drug and violent crime intervention team for the zone involved. ``(B) Assistance with coordination of such intervention team. ``(C) Outreach to affected communities within the zone served by such intervention team, as needed. ``(d) Authorization of Appropriations.--There are authorized to be appropriated from the Violent Crime Reduction Trust Fund such sums as may be necessary to carry out this section.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR COMMUNITY-BASED JUSTICE GRANTS FOR PROSECUTORS. (a) In General.--Section 31707 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13867) is amended to read as follows: ``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subtitle $15,000,000 for each of the fiscal years 2010 through 2013 .''. (b) Increase in Prosecutors for Intervention Team Efforts.--Section 31702 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) adding at the end the following new paragraph: ``(6) to fund programs that would increase the number of prosecutors available to work with efforts of drug and violent crime intervention teams under section 21501, as determined necessary by the Attorney General in consultation with appropriate Federal agencies and local law enforcement.''. SEC. 4. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT TO ESTABLISH STATE- WIDE CRIME PREVENTION DATABASES. Subtitle I of title XXXII of the Violent Crime Control and Law Enforcement Act of 1994 is amended by adding at the end the following new section: ``SEC. 320936. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT TO ESTABLISH STATE-WIDE CRIME PREVENTION DATABASES. ``(a) Authority To Make Grants.--The Office of Justice Programs of the Department of Justice shall award grants, in accordance with such regulations as the Attorney General may prescribe, to State and local programs designed to establish and maintain a State-wide database to track criminals, arrests, prosecutions, and convictions. ``(b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''.

Safe Cities Act of 2009 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to: (1) authorize the Attorney General to designate a Violent and Drug Crime Zone (i.e., a metropolitan area with a higher than average rate of homicides, violent felonies, sex offenses, and drug and gang-related crimes) in each state; (2) establish a drug and violent crime intervention team and a Safe Cities Task Force in each Zone, consisting of state and local law enforcement officials, to coordinate the investigation, apprehension, and prosecution of criminal activity; (3) require the use of grant funds under such Act to increase the number of prosecutors available to work with drug and violent crime intervention teams; and (4) require the Office of Justice Programs of the Department of Justice (DOJ) to award grants to states to establish and maintain a state-wide database to track criminals, arrests, prosecutions, and convictions.

To amend the Violent Crime Control and Law Enforcement Act of 1994 to reduce the rate of occurrence of homicides and violent crimes in violent and drug crime zones.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Physician Assistants Continuity of Care Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) In 2006, approximately 286 million prescriptions were written by physician assistants and more than 230 million patient visits were made for physician assistant services. Such services are particularly needed in communities that experience health disparities, especially rural communities and communities with high minority populations. (2) Physician assistants furnish services in almost all health care settings and in every medical and surgical specialty, providing quality, cost-effective medical care. They deliver a broad range of medical and surgical services to diverse populations. (3) All 50 States, the District of Columbia, and Guam regulate physician assistant services so as to permit physician assistants to practice medicine subject to the oversight of physicians and to have the authority to write prescriptions subject to such oversight. (4) In 1997, the Balanced Budget Act of 1997 amended the Medicare program to extend coverage for medical services provided by physician assistants, as permitted under applicable State law, thus providing for a uniform rate of reimbursement for certain services furnished by physician assistants who work in health care practice settings subject to the oversight of a physician. (5) Physician assistants and physicians work together as a team. However, supervising physicians need not be physically present when physician assistants provide medical care. In medically underserved communities, a physician assistant may be the only onsite health care professional accessible during the time when a patient needs immediate care. Health care furnished by physician assistants is therefore critical to providing medical care for the most vulnerable and at-risk populations in the United States. (6) In some rural areas, physician assistants are the only providers of care immediately available. However, Medicare beneficiaries have faced delays of weeks in receiving hospice care because care delivered by physician assistants may not be reimbursed under the Medicare program. (7) Some critical access hospitals have reported difficulty with discharge planning because the Medicare program does not provide reimbursement for services related to skilled nursing facility orders or home health orders that have been signed by a physician assistant. (8) The continuity of care of a terminally ill Medicare beneficiary may be interrupted because a physician assistant may not be reimbursed under the Medicare program for furnishing such beneficiary with certain services, such as hospice care, even though a physician assistant may have been such beneficiary's primary health care provider prior to the diagnosis of the terminal illness. Such break downs in the continuity of care of Medicare beneficiaries may cause additional costs for the Medicare program. SEC. 3. PERMITTING PHYSICIAN ASSISTANTS WHEN DELEGATED BY A PHYSICIAN TO ORDER OR PROVIDE POST-HOSPITAL EXTENDED CARE SERVICES, HOME HEALTH SERVICES, AND HOSPICE CARE UNDER THE MEDICARE PROGRAM. (a) Post-Hospital Extended Care Services.--Section 1814(a)(2) of the Social Security Act (42 U.S.C. 1395f(a)(2)) is amended, in the matter before subparagraph (A)-- (1) by inserting ``or a physician assistant as delegated by a physician'' after ``a physician'' the first place it appears; and (2) by inserting ``a physician assistant as delegated by a physician,'' after ``a physician,'' the second place it appears. (b) Home Health Services.-- (1) Under part a.--Section 1814(a)(2)(C) of such Act (42 U.S.C. 1395f(a)(2)(C)) is amended-- (A) by inserting ``by a physician or by a physician assistant as delegated by a physician,'' after ``established''; and (B) by inserting ``or a physician assistant as delegated by a physician'' after ``a physician'' each place it appears. (2) Under part b.--Section 1835(a)(2) of such Act (42 U.S.C. 1395n(a)(2)) is amended-- (A) in the matter before subparagraph (A), by inserting ``or a physician assistant as delegated by a physician,'' after ``a physician''; and (B) in each of clauses (ii) and (iii) of subparagraph (A)(ii), by inserting ``or a physician assistant as delegated by a physician'' after ``a physician''. (c) Hospice Care.-- (1) Certification of terminal illness.--Section 1814(a)(7)(A) of such Act is (42 U.S.C. 1395f(a)(7)(A)) is amended-- (A) in clause (i)(I), by inserting ``or a physician assistant as delegated by such attending physician'' after ``nurse practitioner)''; and (B) in clause (ii), by inserting ``or physician assistant'' after ``physician''. (2) Including professional services of physician assistant.--Section 1861(dd)(1)(F) of such Act (42 U.S.C. 1395x(dd)(1)(F)) is amended by inserting after ``physicians' services'' the following: ``and services which would be physicians' services if furnished by a physician (as defined in subsection (r)(1)) and which are performed by a physician assistant under the supervision of a physician (as so defined) and which the physician assistant is legally authorized to perform in the State in which the services are performed''. (d) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2007.

Physician Assistants Continuity of Care Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to permit a physician assistant, when delegated by a physician, to: (1) certify that inpatient psychiatric hospital services or post-hospital extended care services are required; (2) establish and review a plan for home health services; and (3) certify a terminal illness with respect to hospice care. Covers as hospice care any legally authorized services of a physician assistant performed under a physician's supervision.

To amend title XVIII of the Social Security Act to permit a physician assistant, when delegated by a physician, to order or provide post-hospital extended care services, home health services, and hospice care under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Beneficiary Notification Rights Act of 1998''. SEC. 2. NOTIFICATION TO PARTICIPANTS AND BENEFICIARIES. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2706. NOTIFICATION TO PARTICIPANTS AND BENEFICIARIES. ``(a) Requirement.--If a health insurance issuer offering group health insurance coverage intends to terminate coverage or allow a policy to lapse because a group health plan failed to pay to the issuer premiums necessary to maintain coverage, the issuer shall, not later than 30 days prior to the date of termination or policy lapse, provide written notice to all participants and beneficiaries indicating the termination date of such coverage. The issuer may not terminate coverage retroactively. ``(b) Conversion Option.--In a case in which a health insurance issuer terminates health insurance coverage offered in connection with a group health plan because a group health plan failed to pay to the issuer premiums necessary to maintain coverage, the issuer shall, for a period of 180 days beginning on the termination date, provide to all participants and beneficiaries the option of enrollment under a conversion health plan. ``(c) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(c) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as amended by section 604(b)(2) of Public Law 104-204, is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 713. NOTIFICATION TO PARTICIPANTS AND BENEFICIARIES. ``(a) Requirement.--If a health insurance issuer offering group health insurance coverage intends to terminate coverage or allow a policy to lapse because a group health plan failed to pay to the issuer premiums necessary to maintain coverage, the issuer shall, not later than 30 days prior to the date of termination or policy lapse, provide written notice to all participants and beneficiaries indicating the termination date of such coverage. The issuer may not terminate coverage retroactively. ``(b) Conversion Option.--In a case in which a health insurance issuer terminates health insurance coverage offered in connection with a group health plan because a group health plan failed to pay to the issuer premiums necessary to maintain coverage, the issuer shall, for a period of 180 days beginning on the termination date, provide to all participants and beneficiaries the option of enrollment under a conversion health plan. ``(c) Notice Under Group Health Plan.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall provide notice to each participant and beneficiary under such plan regarding the imposition of the requirements of this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted upon enrollment and annually thereafter, with the first notice required in the first mailing made by the plan or issuer to the participant or beneficiary after the date of the enactment of the Beneficiary Notification Rights Act of 1998.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)), as amended by section 603(b)(1) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as amended by section 603(b)(2) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Notification to participants and beneficiaries.''. (3) Internal revenue code amendments.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 (as amended by section 1531(a) of the Taxpayer Relief Act of 1997) is amended-- (A) in the table of sections, by inserting after the item relating to section 9803 the following new item: ``Sec. 9804. Notification to participants and beneficiaries.''; and (B) by inserting after section 9803 the following: ``SEC. 9804. NOTIFICATION TO PARTICIPANTS AND BENEFICIARIES. ``(a) In General.--If a health insurance issuer offering group health insurance coverage intends to terminate coverage or allow a policy to lapse because a group health plan failed to pay to the issuer premiums necessary to maintain coverage, the issuer shall, not later than 30 days prior to the date of termination or policy lapse, provide written notice to all participants and beneficiaries indicating the termination date of such coverage. The issuer may not terminate coverage retroactively. ``(b) Conversion Option.--In a case in which a health insurance issuer terminates health insurance coverage offered in connection with a group health plan because a group health plan failed to pay to the issuer premiums necessary to maintain coverage, the issuer shall, for a period of 180 days beginning on the termination date, provide to all participants and beneficiaries the option of enrollment under a conversion health plan.''. (b) Effective Dates.--The amendments made by subsection (a) shall apply with respect to group health plans or health insurance coverage offered in connection with group health plans for plan years beginning on or after January 1, 1999. (c) Coordinated Regulations.--Section 104(1) of Health Insurance Portability and Accountability Act of 1996 is amended by striking ``this subtitle (and the amendments made by this subtitle and section 401)'' and inserting ``the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, the provisions of parts A and C of title XXVII of the Public Health Service Act, and chapter 100 of the Internal Revenue Code of 1986''.

Beneficiary Notification Rights Act of 1998 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require a health insurance issuer intending to terminate coverage or allow a policy to lapse because a group health plan failed to pay premiums necessary to maintain coverage, to: (1) notify all participants and beneficiaries of such situation; and (2) if such plan is terminated, provide all participants and beneficiaries with the option of enrollment under a conversion health plan.

Beneficiary Notification Rights Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Tracts Conveyance Act''. SEC. 2. SPECIAL CONVEYANCE AUTHORITY REGARDING SMALL PARCELS OF NATIONAL FOREST SYSTEM LAND AND PUBLIC LANDS. (a) Definitions.--In this section: (1) Adjacent landholder.--The term ``adjacent landholder'' means any holder of non-Federal land (including a holder that is a State, county, or local government or any agency thereof, or an Indian tribe) that shares one or more boundaries with an eligible Federal lands parcel and who makes a request to purchase an eligible Federal lands parcel. (2) Director concerned.--The term ``Director concerned'' means the Director of the Bureau of Land Management for a State. (3) Eligible federal lands parcel.--The term ``eligible Federal lands parcel'' means a parcel of National Forest System land or the public lands that-- (A) shares one or more boundaries with non-Federal land; (B) is located within the boundaries of an incorporated or unincorporated area with a population of at least 500 residents; (C) is not subject to existing rights held by a non-Federal entity; (D) does not contain an exceptional resource; and (E) is not habitat for an endangered species or a threatened species determined under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533). (4) Exceptional resource.--The term ``exceptional resource'' means a resource of scientific, historic, cultural, or recreational value on a parcel of public lands that the Director concerned or Regional Forester concerned determines, on the record and after an opportunity for a hearing-- (A) is documented by a Federal, State, or local governmental authority; and (B) requires extraordinary conservation and protection to maintain the resource for the benefit of the public. (5) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a). (6) National forest system land.-- (A) In general.--The term ``National Forest System land'' means land within the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)), including the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010-1012). (B) Exclusions.--The term does not include any land managed by the Forest Service that is included in a national monument, an area of critical environmental concern, a national conservation area, a national riparian conservation area, a national recreation area, a national scenic area, a research natural area, a national outstanding natural area, a national natural landmark, a wilderness area, a wilderness study area, the national wild and scenic rivers system, the national system of trails, or land held in trust by the United States for the benefit of any Indian tribe. (7) Public lands.-- (A) In general.--The term ``public lands'' has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). (B) Exclusions.--The term does not include any land managed by the Bureau of Land Management that is included in a national monument, an area of critical environmental concern, a national conservation area, a national riparian conservation area, a national recreation area, a national scenic area, a research natural area, a national outstanding natural area, a national natural landmark, a wilderness area, a wilderness study area, the national wild and scenic rivers system, the national system of trails, or land held in trust by the United States for the benefit of any Indian tribe. (8) Regional forester concerned.--The term ``Regional Forester concerned'' means the Regional Forester with jurisdiction over the National Forest System land of a specific Forest Service Region. (b) Selection of Parcels for Conveyance.-- (1) Two selection methods.--The Director concerned or the Regional Forester concerned shall select an eligible Federal lands parcel for conveyance under this section-- (A) in response to a request submitted by an adjacent landholder; or (B) upon the recommendation of the District Office of the Bureau of Land Management or unit of the National Forest System exercising administration over the parcel. (2) Adjacent landholder request.-- (A) Process required.--The Secretary of Agriculture and the Secretary of the Interior each shall create a process by which an adjacent landholder may request to purchase an eligible Federal lands parcel. (B) Guidelines.--To the maximum extent practicable, the process shall be consistent with other public purchase request processes used by the Forest Service and the Bureau of Land Management to convey Federal land under their respective statutory and regulatory authority. (C) Public accessibility.--The process shall be open to the public and available on the Internet. (D) Deadline.--The process shall be available to the public within 90 days of the date of the enactment of this Act. (3) Review of adjacent landholder request.--When an adjacent landholder submits a request under paragraph (1)(A) for conveyance of a parcel of National Forest System land or public lands, the Director concerned or the Regional Forester concerned shall review the parcel and determine, within 30 days after receipt of the request, whether the parcel satisfies the definition of eligible Federal lands parcel for conveyance. (4) Rejection of adjacent landholder request.--If the Director concerned or the Regional Forester concerned determines under paragraph (2) that all or a portion of the parcel of National Forest System land or public lands covered by an adjacent landholder request under paragraph (1)(A) fails to satisfy the definition of eligible Federal lands parcel, the Director concerned or the Regional Forester concerned shall give the landowner-- (A) a written explanation of the reasons for the rejection, which specifies-- (i) which of the elements of the definition of eligible Federal lands parcel the parcel fails to satisfy and how and why the parcel fails to satisfy that element; (ii) how the continued administration of the parcel by the Bureau of Land Management or the Forest Service would impact the parcel and surrounding economy; and (iii) why the Federal Government needs to maintain ownership of the parcel and would be the best land ownership steward of the parcel; and (B) an opportunity to appeal the rejection under subsection (e). (c) Parcel and Acreage Limitations.-- (1) Acreage.--An eligible Federal lands parcel conveyed under this section may not exceed 160 acres unless a request for additional acreage is approved by the Director concerned or the Regional Forester concerned. (2) Number of parcels.--An adjacent landholder may only acquire one eligible Federal lands parcel under this section per year, except that, if the parcel is less than 160 acres in size, the adjacent landholder may acquire additional eligible Federal lands parcels during that year so long as the total acreage acquired does not exceed 160 acres unless a request for additional acreage is approved by the Director concerned or the Regional Forester concerned. (d) Conveyance Process.-- (1) Public notice.--The Director concerned or the Regional Forester concerned shall provide public notice of the availability of an eligible Federal lands parcel, even in cases in which the parcel shares a boundary with only a single parcel of non-Federal land or with multiple parcels owned by the same adjacent landholder. The notice shall state that the parcel satisfies the definition of eligible Federal lands parcel for conveyance. (2) Single adjacent landholder.--If the eligible Federal lands parcel shares a boundary with only a single parcel of non-Federal land or with multiple parcels owned by the same adjacent landholder, the Director concerned or the Regional Forester concerned shall carry out a negotiated sale of the eligible Federal lands parcel with the adjacent landholder. (3) Multiple adjacent landholders.--If multiple parcels of non-Federal land, owned by different adjacent landholders, share a boundary with an eligible public lands parcel, the sale of the eligible public lands parcel under this section shall be conducted using competitive bidding procedures established under section 203(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713(f)). (4) Rejection of offers.--The Director concerned or the Regional Forester concerned may reject any offer made under this subsection that does not offer the minimum consideration required by subsection (f). The adjacent landholder shall be given an opportunity to appeal the rejection under subsection (e). (5) Compliance with local planning and zoning.--As a condition of the conveyance of an eligible public lands parcel under this section, the Director concerned or the Regional Forester concerned shall require the purchaser of the parcel to agree to comply with all local land use ordinances and any master zoning plan applicable to the parcel or the adjacent non-Federal land of the purchaser. (6) Form of conveyance.--When an eligible Federal lands parcel is to be sold under this section, the Director concerned or the Regional Forester concerned shall convey, by quitclaim deed, all right, title, and interest, including the mineral estate, of the United States in and to the parcel. (e) Appeals Process.-- (1) Availability of appeal.--If the Director concerned or the Regional Forester concerned rejects an adjacent landholder request under subsection (b)(1)(A) for selection of a parcel of National Forest System land or public lands for conveyance under this section or rejects an adjacent landholder offer for purchase of an eligible Federal lands parcel under subsection (d), the Director concerned or the Regional Forester concerned shall provide an appeals process for reconsideration of the rejection using the expedited Forest Service appeals process formerly available under section 322(d) of Public Law 102-381 (106 Stat. 1419; 16 U.S.C. 1612 note), before its repeal by section 8006(a) of the Agricultural Act of 2014 (Public Law 113-79; 128 Stat. 913). (2) Administering official.--For purposes of applying the expedited appeals process required by paragraph (1), references to the Chief of the Forest Service or the Secretary of Agriculture shall be deemed to mean the Director concerned or the Regional Forester concerned. (f) Consideration.-- (1) Fair market value.--As consideration for the sale of an eligible Federal lands parcel under this section, the Director concerned or the Regional Forester concerned shall require a cash payment in an amount that is equal to not less than the fair market value of the parcel, including the mineral estate, being conveyed by the Director concerned or the Regional Forester concerned. (2) Establishment.--The fair market value of an eligible Federal lands parcel shall be established by an appraisal submitted by the adjacent landholder seeking to purchase the parcel, unless the Director concerned or the Regional Forester concerned rejects such appraisal within 45 days after submission. In the case of the rejection of the appraisal, the Director concerned or the Regional Forester concerned shall cause another appraisal to be conducted, within 30 days, in accordance with the regulations regarding appraisals issued under section 206(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(f)). (g) Treatment of Proceeds.-- (1) Establishment of fund.--The Secretary of the Treasury shall establish in the Treasury of the United States a special fund to provide for the collection and distribution of funds under this subsection. (2) Collection.--Funds collected from the conveyance of an eligible Federal lands parcel under this section shall be deposited into the Treasury fund created under paragraph (1). (3) Distribution.--Funds collected under this subsection shall be distributed annually to those States in which the Federal Government owns more than 33 percent of the land area of that State according to the calculation provided in paragraph (4). (4) Calculation of distribution.--From amounts collected and deposited under this section-- (A) 50 percent of the amount collected from a conveyance shall be distributed to the State in which the conveyance took place; and (B) the remaining 50 percent shall be distributed equally between the remaining States identified under paragraph (3). (5) Limitation of use.--As a condition of receipt of funds under this subsection, a State receiving such funds shall agree to use the funds only for the following purposes: (A) Purchase.--To purchase additional eligible Federal lands parcels, that are consistent with land use management under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701). (B) Compliance.--To comply with a Federal requirement under-- (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (ii) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); or (iii) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (h) Payment of Costs of Conveyance.-- (1) Payment of costs required.--The Director concerned or the Regional Forester concerned shall require the purchaser to cover the costs to be incurred, or to reimburse the Director concerned or the Regional Forester concerned for costs incurred, to carry out the conveyance, including survey and appraisal costs, costs for environmental documentation, and any other administrative costs related to the conveyance. (2) Refund of excess.--If amounts are collected from the purchaser in advance of the Director concerned or the Regional Forester concerned incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Director concerned or the Regional Forester concerned to carry out the conveyance, the Director concerned or the Regional Forester concerned shall refund the excess amount to the purchaser. (3) Treatment of amounts received.--Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (i) Time for Conveyance.--It is the intent of the Congress that the conveyance of an eligible Federal lands parcel under this section, from selection of the parcel for conveyance through completion of the sale, should take no more than 18 months. (j) Categorical Exclusion.--Because the scope of a conveyance is limited and excluded from any exceptional resource, a conveyance of an eligible Federal lands parcel under this section is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (k) Additional Authority.--The conveyance authority provided by this section is in addition to the sale authority provided by section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713) or any other provision of law.

Small Tracts Conveyance Act This bill requires the Director of the Bureau of Land Management (BLM) for a state (respecting certain public lands) or the Regional Forester with jurisdiction over the National Forest System (NFS) land of a specific Forest Service Region (respecting certain NFS lands) to select an eligible federal lands parcel for conveyance: (1) in response to a request by an adjacent landholder (any holder of non-federal land that shares one or more boundaries with such a parcel and who requests to purchase such a parcel), or (2) upon the recommendation of the BLM District Office or NFS unit that exercises administration over such parcel. The Department of Agriculture and the Department of the Interior shall each create a process by which an adjacent landholder may request to purchase an eligible parcel. A conveyed eligible parcel may not exceed 160 acres unless the BLM or the Forest Service approves a request for additional acreage. An adjacent landholder may only acquire one eligible parcel a year, subject to an exception. The BLM or the Forest Service, as consideration for the sale of an eligible parcel, shall require a cash payment that is equal to at least the fair market value of such parcel, including the mineral estate, being conveyed. The purchaser of an eligible federal lands parcel under this bill shall cover the costs to be incurred, or to reimburse the BLM or the Forest Service for the costs incurred, in carrying out the conveyance. A conveyance of an eligible federal lands parcel under this bill is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969.

Small Tracts Conveyance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nanomanufacturing Investment Act of 2004''. SEC. 2. NANOMANUFACTURING INVESTMENT PARTNERSHIP. (a) Establishment.--If $250,000,000 is made available for such purposes from the private sector within 2 years after the date of enactment of this Act, the Secretary of Commerce shall establish the Nanomanufacturing Investment Partnership, in partnership with such private sector investors. (b) Purpose.--The Nanomanufacturing Investment Partnership shall provide funding for precommercial nanomanufacturing research and development projects, but not for basic research projects, through funding mechanisms described in subsection (c) in a manner so as to advance the commercialization of nanomanufacturing technologies to address critical scientific and engineering needs of national importance, especially with respect to projects that would not be adequately funded or pursued by the private sector or pursuant to the 21st Century Nanotechnology Research and Development Act or other law, and to increase the commercial application of federally supported research results. To the extent that a sufficient number of viable applications have been submitted, at least 85 percent of the funding provided by the Nanomanufacturing Investment Partnership under this section shall be provided to startup companies. (c) Funding Mechanisms.--The Nanomanufacturing Investment Partnership may provide funding through direct investment in nanomanufacturing firms, contracts, loans or loan guarantees, unsecured subordinated debt, or any other mechanism designed to advance nanomanufacturing technologies. (d) Return on Investment.-- (1) Requirement.--Each transaction through which the Nanomanufacturing Investment Partnership provides funding under subsection (c) shall provide for the return to the Nanomanufacturing Investment Partnership of fair and reasonable amounts resulting from the commercialization of technologies developed with the funding provided by the Nanomanufacturing Investment Partnership. (2) Distribution.--Amounts received by the Nanomanufacturing Investment Partnership pursuant to paragraph (1) shall be distributed as follows: (A) Except as provided in subparagraph (B), amounts shall be distributed to all investors in the Nanomanufacturing Investment Partnership, including the Federal Government, in proportion to their monetary contribution to the Nanomanufacturing Investment Partnership. (B) After the total monetary investment of the Federal Government has been recovered under subparagraph (A), the Federal share of distributions under this paragraph shall be reduced to 7 percent of the proportional distribution under subparagraph (A), and the remaining amounts shall be distributed proportionately to all non-Federal investors. (e) Cost Sharing.--Each applicant for funding assistance from the Nanomanufacturing Investment Partnership for a project shall be required to provide a portion of the cost of the project. (f) Peer Review.--Each application for funding assistance for a project from the Nanomanufacturing Investment Partnership shall be peer reviewed. (g) Administration.--The Secretary of Commerce, based on guidance from the Advisory Board established under section 3 and on the results of peer review under subsection (f), shall make awards of funding under this Act. (h) Progress Reports.--The Nanomanufacturing Investment Partnership shall require periodic project progress reports from recipients of funding under this Act. SEC. 3. ADVISORY BOARD. (a) Establishment.--The Secretary of Commerce shall establish an Advisory Board to assist the Secretary in carrying out this Act, including by establishing requirements for progress reports under section 2(h). The Advisory Board shall consist of-- (1) representatives of each investor providing more than $10,000,000 to the Nanomanufacturing Investment Partnership, whose votes shall-- (A) be distributed proportional to the size of their investment in the Nanomanufacturing Investment Partnership; and (B) collectively amount to 40 percent of the votes on the Advisory Board; and (2) independent experts on nanomanufacturing and finance appointed by the President from among representatives of government, industry, and academia, whose votes shall collectively amount to 60 percent of the votes on the Advisory Board. (b) Terms.--Members of the Advisory Board appointed under subsection (a)(2) shall be appointed for 3 year terms, except that the President shall make some initial appointments for terms of 1 year and some for terms of 2 years, in order to ensure continuity of membership on the Advisory Board. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce for the Nanomanufacturing Investment Partnership $750,000,000, to remain available until expended.

Nanomanufacturing Investment Act of 2004 - Directs the Secretary of Commerce to establish: (1) the Nanomanufacturing Investment Partnership, in partnership with private sector investors, if $250 million is made available for such purposes from the private sector within two years after this Act's enactment; and (2) an advisory board. Directs that: (1) the Partnership provide funding for precommercial nanomanufacturing research and development (but not for basic research) projects, through specified funding mechanisms in a manner that advances the commercialization of nanomanufacturing technologies to address critical scientific and engineering needs of national importance, especially regarding projects that would not be adequately funded or pursued by the private sector or pursuant to other law, and to increase the commercial application of federally supported research results; and (2) to the extent that a sufficient number of viable applications have been submitted, at least 85 percent of the funding provided by the Partnership be provided to startup companies. Authorizes the Partnership to provide funding through direct investment in nanomanufacturing firms, contracts, loans or loan guarantees, unsecured subordinated debt, or any other mechanism designed to advance nanomanufacuring technologies. Requires that each transaction through which the Partnership provides such funding provide for the return of fair and reasonable amounts resulting from the commercialization of technologies developed with the funding provided by the Partnership, and be distributed as specified. Directs that: (1) each applicant for funding assistance be required to provide a portion of the cost; and (2) each application be peer reviewed.

To provide for the establishment of the Nanomanufacturing Investment Partnership, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``South Carolina Offshore Drilling Act''. SEC. 2. OUTER CONTINENTAL SHELF OIL AND GAS LEASING OFF THE COAST OF SOUTH CAROLINA. Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) Leasing Off the Coast of South Carolina.-- ``(1) Definitions.--In this subsection: ``(A) Qualified revenues.--The term `qualified revenues' means all rentals, royalties, bonus bids, and other sums due and payable to the United States under a lease sale conducted under this subsection. ``(B) State.--The term `State' means the State of South Carolina. ``(2) Authorization of lease sales.--The Secretary shall include in the schedule of proposed lease sales under the outer Continental Shelf leasing program for fiscal years 2012 through 2017 prepared under this section any areas located within the administrative boundaries of the State that are more than 50 miles off the coast of the State. ``(3) Leasing of additional areas.-- ``(A) Petition.--The Governor of South Carolina, with the concurrence of the State legislature, may submit to the Secretary a petition requesting that the Secretary make available for leasing any portion of the area within the administrative boundaries of the State that is more than 10, but less than 50, miles off the coast of the State. ``(B) Action by secretary.--Notwithstanding any other provision of law, the Secretary shall-- ``(i) not later than 90 days after the date of receipt of a petition under subparagraph (A), approve the petition; and ``(ii) on approval of the petition, make the area available for leasing in accordance with this subsection and any other applicable provision of law. ``(C) Failure to act.--If the Secretary fails to approve a petition in accordance with subparagraph (B), the petition shall be considered to be approved as of the date that is 90 days after the date of receipt of the petition. ``(D) Treatment.--Not later than 180 days after the date on which a petition is approved, or considered to be approved, under subparagraph (A) or (B), the Secretary shall-- ``(i) treat the petition as a proposed revision to a leasing program under this section; and ``(ii) except as provided in subparagraph (E), initiate a new 5-year outer Continental Shelf oil and gas leasing program to replace the outer Continental Shelf oil and gas leasing program in effect as of that date, which shall include any lease sale for any area covered by the petition. ``(E) Inclusion in subsequent plans.-- ``(i) In general.--If there are less than 18 months remaining in the 5-year outer Continental Shelf oil and gas leasing program described in subparagraph (D)(ii), the Secretary, without consultation with any State, shall include the areas covered by the petition in lease sales under the proposed 5-year outer Continental Shelf oil and gas leasing program. ``(ii) Environmental assessment.--Before modifying a 5-year outer Continental Shelf oil and gas leasing program for the next 5-year period, the Secretary shall complete an environmental assessment that describes any anticipated environmental effect of leasing in the area covered by the petition. ``(4) Prohibition on leasing certain areas.-- ``(A) Petition.--The Governor of the State, with the concurrence of the State legislature, may submit to the Secretary a petition requesting that the Secretary prohibit the leasing of areas within the administrative boundaries of the State that are more than 50, but less than 100, miles off the coast of the State. ``(B) Action by secretary.--Not later than 90 days after the date of receipt of a petition under subparagraph (A), the Secretary shall approve the petition.''. SEC. 3. DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF REVENUES. Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) (as amended by section 2) is amended by adding at the end the following: ``(j) Revenue Sharing for Additional Areas.-- ``(1) Bonus bids.--If the Governor or legislature of a coastal State requests the Secretary to allow leasing in an outer Continental Shelf area and the Secretary allows the leasing, the coastal State shall, without further appropriation or action, receive 37.5 percent of any bonus bid paid for leasing rights in the area. ``(2) Post leasing revenues.--In addition to bonus bids under paragraph (1), a State described in paragraph (1) shall receive, from leasing of the area, 37.5 percent of-- ``(A) any lease rental payments; ``(B) any lease royalty payments; ``(C) any royalty proceeds from a sale of royalties taken in kind by the Secretary; and ``(D) any other revenues from a bidding system under section 8. ``(3) Allocation among coastal political subdivisions of states.--The Secretary shall pay 20 percent of the allocable share of each coastal State, as determined under this subsection, directly to certain coastal political subdivisions of the coastal State. ``(4) Conservation royalties.--After making distributions in accordance with paragraphs (1) through (3), the Secretary shall, without further appropriation or action, distribute a conservation royalty equal to 12.5 percent of Federal royalty revenues derived from an area leased under this section from all areas leased under this section for any year, into the land and water conservation fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) to provide financial assistance to States under section 6 of that Act (16 U.S.C. 460l-8). ``(5) Deficit reduction.--After making distributions in accordance with paragraphs (1) through (4), the Secretary shall, without further appropriation or action, distribute an amount equal to 50 percent of Federal royalty revenues derived from all areas leased under this section for any year, into direct Federal deficit reduction.''.

South Carolina Offshore Drilling Act - Amends the Outer Continental Shelf Lands Act (OCSLA) to direct the Secretary of the Interior to include in a specified schedule of proposed lease sales under the outer Continental Shelf (OCS) leasing program for FY2012-FY2017 any areas located within the administrative boundaries of South Carolina that lie more than 50 miles off its coast. Authorizes the governor of South Carolina to petition the Secretary to make available for leasing any portion of the area within the state's administrative boundaries that is between 10 and 50 miles off the coast. Instructs the Secretary to: (1) approve such a petition within 90 days after receipt, and (2) initiate a new five-year OCS oil and gas leasing program to replace the OCS oil and gas leasing program in effect on the approval date. Authorizes such governor to petition the Secretary to prohibit the leasing of areas within the administrative boundaries of the state that are between 50 and 100 miles off the coast. Allocates to a coastal state 37.5% of: (1) any bonus bid paid for leasing rights in an OCS area if the Secretary has approved the state's request to allow leasing in that area; (2) lease rental payments, lease royalty payments, and royalty proceeds from a sale of royalties taken in kind by the Secretary; and (3) any other revenues from a specified bidding system. Instructs the Secretary to: (1) pay 20% of the allocable share of each coastal state directly to certain of its coastal political subdivisions, (2) distribute a certain conservation royalty into the Land and Water Conservation Fund, and (3) distribute 50% of federal royalty revenues from areas leased under this Act into direct federal deficit reduction.

A bill to amend the Outer Continental Shelf Lands Act to provide for the inclusion of areas off the coast of South Carolina in the outer Continental Shelf leasing program for fiscal years 2012 through 2017, and for other purposes.

SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN TOMATO SAUCE PREPARATION ENTERED IN MAY 9, 1992 THROUGH SEPTEMBER 18, 1993. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to the provisions of subsection (b), the United States Customs Service shall, not later than 180 days after the receipt of the request described in subsection (b), liquidate or reliquidate each entry described in subsection (d) containing any merchandise which, at the time of the original liquidation, was classified under subheading 2002.10.00 of the Harmonized Tariff Schedule of the United States (relating to tomatoes, prepared or preserved) at the rate of duty that would have been applicable to such merchandise if the merchandise had been liquidated or reliquidated under subheading 2103.90.60 of the Harmonized Tariff Schedule of the United States (relating to tomato sauce preparation) on the date of entry. (b) Requests.--Reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request therefor is filed with the Customs Service within 90 days after the date of enactment of this Act and the request contains sufficient information to enable the Customs Service to locate the entry or reconstruct the entry if it cannot be located and to confirm that the entry consists of tomato sauce preparations properly classifiable under subheading 2103.90.60 of the Harmonized Tariff Schedule of the United States. (c) Payment of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry under subsection (a) shall be paid not later than 180 days after the date of such liquidation or reliquidation. (d) Affected Entries.--The entries referred to in subsection (a) are as follows: Entry number Date of entry 084-0532527-8 05-09-92 084-0532938-7 06-13-92 084-0532939-5 06-13-92 084-0533381-9 07-29-92 084-0533382-7 07-29-92 084-0533383-5 07-29-92 084-0533384-3 07-29-92 084-0533732-3 09-01-92 084-0533823-0 09-01-92 084-0533824-8 09-01-92 084-0534010-3 09-19-92 084-0534052-5 09-26-92 084-0534199-4 10-06-92 084-0534205-9 10-14-92 084-0534206-7 10-14-92 084-0534207-5 10-14-92 084-0534669-6 11-18-92 084-0534670-4 11-18-92 084-0534930-2 11-28-92 084-0535157-1 12-23-92 084-0535311-4 01-09-93 084-0535312-2 01-02-93 084-0535441-9 01-09-93 084-0535578-8 01-27-93 084-0535694-3 02-07-93 084-0535695-0 02-07-93 084-0535854-3 02-24-93 084-0535855-0 02-24-93 084-0535857-6 02-24-93 084-0535858-4 02-24-93 084-0535859-2 02-24-93 084-0536160-4 03-28-93 084-0536291-7 04-07-93 084-0536292-5 04-07-93 084-0536357-6 04-11-93 084-0536361-8 04-11-93 084-0536362-6 04-11-93 084-0536424-4 05-02-93 084-0536518-3 05-02-93 084-0536519-1 05-02-93 084-0536727-0 05-23-93 084-0536839-3 05-29-93 084-0536840-1 05-29-93 084-0536841-9 05-29-93 084-0536842-7 05-29-93 084-0537443-3 07-31-93 084-0537444-1 07-31-93 084-0538038-0 09-18-93 084-0538039-8 09-18-93 084-0538040-6 09-18-93

Directs the Customs Service, upon request, to liquidate or reliquidate certain entries of tomato sauce preparation.

A bill to provide for the liquidation or reliquidation of certain entries of tomato sauce preparation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Hero's Card Act of 2011''. SEC. 2. PILOT PROGRAM ON PROVISION OF HEALTH CARE TO VETERANS RESIDING IN ALASKA AT NON-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES. (a) In General.--The Secretary of Veterans Affairs shall establish a pilot program to assess the feasibility and advisability of carrying out a program by which a covered veteran can, except as provided in subsection (f), receive necessary hospital care or medical services for any condition at any hospital or medical facility or from any medical provider eligible to receive payments under-- (1) the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); (2) the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.); (3) the TRICARE program; or (4) the Indian health program. (b) Covered Veteran.--For purposes of this section, a covered veteran is any veteran who-- (1) is entitled to hospital care or medical services under laws administered by the Secretary of Veterans Affairs; (2) is located in the State of Alaska; and (3) resides at a location that is located in-- (A) such State; and (B) a town, village, or other community that is not accessible by motor vehicle (as defined in section 30102 of title 49, United States Code). (c) Duration of Pilot.--The pilot program shall be carried out during the two-year period beginning on the date of the enactment of this Act. (d) Cost of Care and Service.-- (1) In general.--The cost of any hospital care or medical service provided under the pilot program shall be borne by the United States from amounts other than amounts appropriated or otherwise made available for an Indian health program. (2) No billing of veterans.--The Secretary shall take measures to ensure that covered veterans are not billed for the hospital care and medical services they receive under the pilot program. (e) Alaska Hero Card.--In carrying out the pilot program, the Secretary shall issue to each covered veteran a card to be known as an ``Alaska Hero Card'' that such veteran may present to an authorized provider to establish the covered veteran's eligibility for hospital care and medical services under the pilot program. (f) Authorized Providers.--The Secretary may establish a list of authorized providers from whom a covered veteran may receive hospital care and medical services under the pilot program. (g) Measures To Ensure Quality and Safety of Care.-- (1) In general.--The Secretary shall take such measures as may be necessary to ensure that the quality and safety of care provided to veterans under the pilot program is equal to or better than the quality and safety of care otherwise provided by the Department of Veterans Affairs. (2) Specific measures.--The measures described in paragraph (1) may include requirements relating to the following: (A) Credentialing and accreditation of providers of hospital care or medical services. (B) Timely reporting of access to care. (C) Timely reporting of clinical information to the Secretary. (D) Reporting safety issues, patient complaints, and patient satisfaction. (E) Robust quality programs, including peer review and compliance with industry standards and requirements. (3) Providers certified by indian health service.--For purposes of the pilot program, the Secretary shall consider the equality and safety of care provided by a provider described in subsection (a)(2) who is certified by the Indian Health Service as a community health aide pursuant to section 119 of the Indian Health Care Improvement Act (25 U.S.C. 1616l) and who is providing services within the scope of such certification as being equal to or better than the quality and safety of care otherwise provided by the Department. (h) Savings.--Nothing in this section shall be construed to limit any right of recovery available to an Indian health program under the provisions of section 206 or 405(c) of the Indian Health Care Improvement Act (25 U.S.C. 1621e and 1645(c)), or any other Federal or State law. (i) Definitions.--In this section: (1) Hospital care and medical services.--The terms ``hospital care'' and ``medical services'' have the meanings given such terms in section 1701 of title 38, United States Code. (2) Indian health program.--The term ``Indian health program'' has the meaning given such term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). (3) Service-connected.--The term ``service-connected'' has the meaning given such term in section 101 of such title. (4) TRICARE program.--The term ``TRICARE program'' has the meaning given such term in section 1072 of title 10, United States Code.

Alaska Hero's Card Act of 2011 - Directs the Secretary of Veterans Affairs (VA) to establish a two-year pilot program assessing the feasibility and advisability of carrying out a program by which certain veterans entitled to VA services residing in communities in the state of Alaska that are inaccessible by motor vehicle can, subject to exceptions, receive necessary hospital care or medical services at any hospital or medical facility or from any medical provider eligible to receive payments under: (1) titles XVIII (Medicare) or XIX (Medicaid) of the Social Security Act, (2) the TRICARE program (a Department of Defense [DOD] managed health care program), or (3) the Indian health program. Requires the cost of any hospital care or medical service provided under the pilot program to be borne by the United States from amounts other than amounts appropriated or otherwise made available for an Indian health program. Directs the Secretary to take measures ensuring that covered veterans are not billed for hospital care and medical services received under the pilot program. Requires the Secretary, in carrying out the pilot program, to issue to each covered veteran a card to be known as an "Alaska Hero Card" that such veteran may present to an authorized provider to establish the covered veteran's eligibility for hospital care and medical services under the pilot program. Authorizes the Secretary to establish a list of authorized providers from whom a covered veteran may receive hospital care and medical services under the pilot program.

To establish a pilot program under which veterans in the State of Alaska may receive health care benefits from the Department of Veterans Affairs at non-Department medical facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational Grants for Great Starts Act''. SEC. 2. PILOT PROJECTS TO SUPPORT AND EVALUATE BEFORE-SCHOOL ACTIVITIES. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following: ``(h) Pilot Projects to Support and Evaluate Before-School Activities.-- ``(1) Grants to state agencies.-- ``(A) Grants.--(i) Subject to funds made available under paragraph (5), the Secretary, in coordination with the Secretary of Education, shall make grants to 7 State agencies to conduct pilot projects in 17 elementary schools in each such State to-- ``(I) support the provision of before- school activities that advance student academic achievement and encourage the establishment of, or increase participation in, school breakfast programs; and ``(II) evaluate the effect of providing before-school activities on participation in school breakfast programs. ``(ii) In carrying out clause (i), the Secretary shall make grants to 1 State in each of the 7 geographic regions of the United States (as determined for purposes of programs of the Food and Nutrition Service). ``(B) Application.-- ``(i) In general.--The Secretary may make a grant to a State agency under subparagraph (A) only if the State agency submits to the Secretary an application that contains, at a minimum, the information described in clause (ii). ``(ii) Information.--The information described in this clause is the following: ``(I) A description of how the State agency will provide oversight of pilot projects to be conducted in selected elementary schools in the State to ensure that before-school activities under the projects will increase participation in the school breakfast program. ``(II) A description of the methods to be used by the State agency to promote and make available all appropriate information concerning subgrants to be made under paragraph (2) for the conduct of pilot projects in selected elementary schools in the State. ``(III) A description of the methods to be used by the State agency to collect data for the evaluation of the pilot projects in accordance with paragraph (4)(A). ``(C) Selection criteria.--In making grants to State agencies under subparagraph (A), the Secretary shall ensure that the pilot projects to be conducted in elementary schools under the jurisdiction of the local educational agencies are selected so as to-- ``(i)(I) ensure the likelihood that proposed before-school activities under the pilot projects will increase participation in school breakfast programs; and ``(II) ensure coordination of the pilot projects with other programs and activities offered by the elementary schools; ``(ii)(I) provide for an equitable distribution of pilot projects among urban and rural elementary schools; and ``(II) provide for an equitable distribution of pilot projects among elementary schools with and without school breakfast programs; and ``(iii) provide for an equitable distribution of pilot projects among schools of varying family income levels. ``(D) Limitation.--Not more than 1.5 percent of the amount of a grant received by a State agency under subparagraph (A) may be used by the State agency for administrative expenses of the pilot projects under this subsection. ``(2) Subgrants to local educational agencies.-- ``(A) Subgrants.-- ``(i) In general.--A State agency that receives a grant under paragraph (1) shall use amounts from the grant to make subgrants to local educational agencies to conduct pilot projects in accordance with this subsection to support the provision of before-school activities, including the activities described in clause (ii), that advance student academic achievement and encourage the establishment of, or increase participation in, school breakfast programs. ``(ii) Activities.--The activities described in this clause are the following: ``(I) Remedial education activities and academic enrichment learning programs. ``(II) Mathematics and science education activities. ``(III) Arts and music appreciation activities. ``(IV) Entrepreneurial education activities. ``(V) Tutoring services and mentoring programs. ``(VI) Telecommunications and technology education programs. ``(VII) Expanded library service hours. ``(VIII) Programs that provide assistance to students who have been truant or suspended to allow the students to improve their academic achievement. ``(IX) Drug and violence prevention programs, counseling programs, and character education programs. ``(B) Application.-- ``(i) In general.--The State agency may make a subgrant to a local educational agency under subparagraph (A) only if the local educational agency submits to the State agency an application that contains, at a minimum, the information described in clause (ii). ``(ii) Information.--The information described in this clause is the following: ``(I)(aa) Except as provided in item (bb), a description of the breakfast program of each elementary school under the jurisdiction of the local educational agency within which a pilot project will be conducted, including the number of students who participate in the program and the percentage of students who participate in the program in rural versus urban schools. ``(bb) In the case of an elementary school without a breakfast program and within which a pilot project will be conducted, a description of a plan that outlines how the school will establish and operate a breakfast program in coordination with the pilot project. ``(II) A description of how the local educational agency, in conjunction with the school food authority, will carry out the pilot projects in accordance with this subsection, including a description of (aa) the specific activities that will be carried out by the local educational agency to remove any perceived stigma associated with participation in the breakfast program and to increase participation in the program, and (bb) all other specific activities that will be carried out under the projects. ``(III) A description of a proposed budget to carry out the pilot projects. ``(C) Selection criteria.--In making subgrants to local educational agencies under subparagraph (A), the State agency shall ensure that the local educational agencies have under their jurisdiction a sufficient number of elementary schools that are not participating in the pilot projects to permit a valid evaluation of the results of the pilot projects. ``(D) Duration of pilot projects.--A local educational agency that receives a subgrant under subparagraph (A) to conduct a pilot project in accordance with this subsection shall conduct the project during a period of not less than 3 successive school years. ``(E) Minimum amount of awards to elementary schools.--Subject to the availability of funds of a subgrant provided to a local educational agency under subparagraph (A) to conduct a pilot project in accordance with this subsection, the minimum amount provided to an elementary school under the pilot. ``(3) Prohibition.--Amounts provided under a grant or subgrant made under this subsection may not be used to provide a Federal reimbursement for school breakfasts under the school breakfast program. ``(4) Evaluation; report.-- ``(A) Evaluation.--The Secretary shall conduct an evaluation of the pilot projects conducted by local educational agencies under this subsection with respect to the establishment of, and increased participation in, school breakfast programs. ``(B) Report.--Not later than September 30, 2006, the Secretary shall prepare and submit to Congress a report that contains the results of the evaluation conducted under subparagraph (A). ``(5) Authorization of appropriations.-- ``(A) General authorization.--There is authorized to be appropriated to carry out this subsection (other than paragraph (4)) $6,000,000 for each of the fiscal years 2005 through 2007. ``(B) Evaluation.--There is authorized to be appropriated to carry out paragraph (4) $2,000,000 for fiscal year 2007.''.

Educational Grants for Great Starts Act - Amends the Richard B. Russell National School Lunch Act to establish a pilot program to: (1) support before-school activities that advance student academic achievement and that encourage establishing of, or increasing participation in, school breakfast programs; and (2) evaluate the effect before-school activities have on school breakfast program participation. Directs the Secretary of Agriculture, in coordination with the Secretary of Education, to make such program grants to seven State agencies to conduct pilot projects in 17 elementary schools in each such State through subgrants to local educational agencies.

To amend the Richard B. Russell National School Lunch Act to establish pilot projects to support and evaluate the provision of before-school activities that advance student academic achievement and encourage the establishment of, and increase participation in, school breakfast programs.

SECTION 1. OFFSET OF PAST-DUE, LEGALLY ENFORCEABLE STATE TAX OBLIGATIONS AGAINST OVERPAYMENTS. (a) In General.--Section 6402 of the Internal Revenue Code of 1986 is amended by redesignating subsections (e) through (i) as subsections (f) through (j), respectively, and by inserting after subsection (d) the following new subsection: ``(e) Collection of Past-Due, Legally Enforceable State Tax Obligations.-- ``(1) In general.--Upon receiving notice from any State that a named person owes a past-due, legally enforceable State tax obligation to 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 tax obligation; ``(B) pay the amount by which such overpayment is reduced under subparagraph (A) to such State and notify such State 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 tax obligation. 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, and ``(iii) subsection (d) with respect to any past-due, legally enforceable debt owed to a Federal agency, 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 one or more State agencies of more than one debt subject to paragraph (1) that is owed by such person to such an agency, any overpayment by such person shall be applied against such debts in the order in which such debts accrued. ``(3) Notice; consideration of evidence.--No State may take action under this subsection until such State-- ``(A) notifies the person owing the past-due State tax liability that the State proposes to take action pursuant to this section, ``(B) gives such person at least 60 days to present evidence that all or part of such liability is not past-due or not legally enforceable, ``(C) considers any evidence presented by such person and determines that an amount of such debt is past-due and legally enforceable, and ``(D) satisfies such other conditions as the Secretary may prescribe to ensure that the determination made under subparagraph (C) is valid and that the State has made reasonable efforts to obtain payment of such State tax obligation. ``(4) Past-due, legally enforceable state tax obligation.-- For purposes of this subsection, the term `past-due, legally enforceable State tax obligation' means a debt-- ``(A)(i) which resulted from-- ``(I) a judgment rendered by a court of competent jurisdiction which has determined an amount of State tax to be due, or ``(II) a determination after an administrative hearing which has determined an amount of State tax to be due, and ``(ii) which is no longer subject to judicial review, or ``(B) which resulted from a State tax which has been assessed but not collected, the time for redetermination of which has expired, and which has not been delinquent for more than 10 years. For purposes of this paragraph, the term `State tax' includes any local tax administered by the chief tax administration agency of the State. ``(5) Regulations.--The Secretary shall issue regulations prescribing the time and manner in which States must submit notices of past-due, legally enforceable State tax obligations and the necessary information that must be contained in or accompany such notices. The regulations shall specify the types of State taxes and the minimum amount of debt to which the reduction procedure established by paragraph (1) may be applied. The regulations may require States 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 receiving notice from the Secretary that an erroneous payment has been made to such State 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 under such paragraph have been paid to such State).'' (b) Disclosure of Certain Information to States Requesting Refund Offsets for Past-Due, Legally Enforceable State Tax Obligations.-- (1) Paragraph (10) of section 6103(l) of the Internal Revenue Code of 1986 is amended by striking ``(c) or (d)'' and inserting ``(c), (d), or (e)''. (2) The paragraph heading for such paragraph (10) is amended by striking ``section 6402(c) or 6402(d)'' and inserting ``subsection (c), (d), or (e) of section 6402''. (c) Conforming Amendments.-- (1) Subsection (a) of section 6402 of the Internal Revenue Code of 1986 is amended by striking ``(c) and (d)'' and inserting ``(c), (d), and (e)''. (2) Paragraph (2) of section 6402(d) of such Code is amended by striking ``and before such overpayment'' and inserting ``and before such overpayment is reduced pursuant to subsection (e) and before such overpayment''. (3) Subsection (f) of section 6402 of such Code, as redesignated by subsection (a), is amended-- (A) by striking ``(c) or (d)'' and inserting ``(c), (d), or (e)'', and (B) by striking ``Federal agency'' and inserting ``Federal agency or State''. (4) Subsection (h) of section 6402 of such Code, as redesignated by subsection (a), is amended by striking ``subsection (c)'' and inserting ``subsection (c) or (e)''. (d) Effective Date.--The amendments made by this section shall apply to refunds payable under section 6402 of the Internal Revenue Code of 1986 after December 31, 1996.

Amends the Internal Revenue Code to allow the reduction of any overpayment to pay past-due, legally enforceable State tax obligations.

A bill to amend the Internal Revenue Code of 1986 to provide that the amount of an overpayment otherwise payable to any person shall be reduced by the amount of past-due, legally enforceable State tax obligations of such person.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Witness Protection Act of 2010''. SEC. 2. PROTECTION OF STATE AND LOCAL WITNESSES. (a) In General.--Chapter 73 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1522. State and local witness tampering and retaliation ``(a) Definitions.--In this section-- ``(1) the term `State official proceeding' means a proceeding before a judge or court of a State or political subdivision thereof; and ``(2) the term `physical force' has the meaning given the term in section 1515. ``(b) Tampering and Retaliation.--It shall be unlawful, in a circumstance described in subsection (c), for a person to kill, attempt to kill, use physical force or the threat of physical force against, harass, intimidate or attempt to intimidate, or offer anything of value to, another individual, with the intent to-- ``(1) influence, delay, or prevent the testimony or attendance of any person in a State official proceeding; ``(2) prevent the production of a record, document, or other object, in a State official proceeding; ``(3) cause or induce any person to-- ``(A) withhold testimony, or withhold a record, document, or other object from a State official proceeding; ``(B) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in a State official proceeding; ``(C) evade legal process summoning that person to appear as a witness, or to produce a record, document or other object in a State official proceeding; or ``(D) be absent from a State official proceeding to which that person has been summoned by legal process; ``(4) hinder, delay, or prevent the communication by any person to a law enforcement officer or judge of a State, or political subdivision thereof, of information relating to the violation or possible violation of a law of a State or political subdivision thereof, or a violation of conditions of probation, parole, or release pending judicial proceedings; or ``(5) retaliate against any person for-- ``(A) the attendance of a witness or party at a State official proceeding, or any testimony given or any record, document, or other object produced by a witness in a State official proceeding; or ``(B) providing to a law enforcement officer any information relating to the violation or possible violation of a law of a State or political subdivision thereof, or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings. ``(c) Circumstances.--A circumstance described in this subsection is that-- ``(1) any communication involved in or made in furtherance of the offense is communicated or transported by the mail, or in interstate or foreign commerce by any means, including by computer, or any means or instrumentality of interstate or foreign commerce is otherwise used in committing or in furtherance of the commission of the offense; ``(2) any person travels or is transported in interstate or foreign commerce in the course of the commission of or in furtherance of the commission of the offense; or ``(3) any weapon, including a firearm, shipped or transported across State lines or in interstate or foreign commerce is used in committing or in furtherance of the commission of the offense. ``(d) Penalties.-- ``(1) In general.--Any person that violates this section-- ``(A) in the case of a killing, shall be punished as provided under sections 1111 and 1112; ``(B) in the case of an attempt to murder, or the use or attempted use of physical force against any person, shall be fined under this title, or imprisoned for not more than 30 years, or both; and ``(C) in the case of any other violation of this section, shall be fined under this title, imprisoned for not more than 20 years, or both. ``(2) Exception.--If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment that may be imposed for the offense shall be the higher of-- ``(A) the penalty described in paragraph (1); or ``(B) the maximum term that could have been imposed for any offense charged in the criminal case. ``(3) Attempt and conspiracy.--Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy. ``(e) Affirmative Defense.--It is an affirmative defense to a prosecution under this section, which the defendant shall prove by a preponderance of the evidence, that the conduct committed by the defendant-- ``(1) consisted solely of lawful conduct; and ``(2) that the sole intention of the defendant was to encourage, induce, or cause the other person to testify truthfully. ``(f) Pending Proceeding; Evidentiary Value.--For the purposes of this section-- ``(1) a State official proceeding need not be pending or about to be instituted at the time of the offense; and ``(2) the testimony, or the record, document, or other object obstructed, tampered, or retaliated against by the defendant need not be admissible in evidence or free of a claim of privilege. ``(g) Intent.--In a prosecution for an offense under this section, the state of mind need not be proved with respect to-- ``(1) a State official proceeding before a judge, court, magistrate judge, or grand jury being before a judge or court of a State or political subdivision thereof; ``(2) a judge being a judge of a State or political subdivision thereof; or ``(3) a law enforcement officer being an officer or employee of the State or political subdivision thereof. ``(h) Venue.--A prosecution brought under this section may be brought-- ``(1) in the district in which the State official proceeding (whether or not pending or about to be instituted) was intended to be affected; or ``(2) in the district which the conduct constituting the alleged offense occurred.''. (b) Technical and Conforming Amendment.--The table of contents for chapter 73 of title 18, United States Code, is amended by adding at the end the following: ``1522. State and local witness tampering and retaliation.''. SEC. 3. SENTENCING GUIDELINES ENHANCEMENT. Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines to increase the guideline range for Obstruction of Justice, Sec. 2J1.2, as follows-- (1) by 2 levels if the defendant threatened or harmed 1 or more individuals on more than 1 occasion; (2) by 2 levels if the defendant accepted or paid a bribe or payoff as part of a scheme to obstruct justice; (3) by 2 levels if the defendant destroyed or caused the destruction of documents on a computer; and (4) by 6 levels if the offense resulted in substantial interference with the administration of justice.

State Witness Protection Act of 2010 - Amends the federal criminal code to impose criminal penalties on any person who kills, or attempts to kill, a witness in a state or local judicial proceeding, who uses physical force or the threat of force against such a witness, or who offers such witness anything of value with the intent to: (1) influence, delay, or prevent the testimony or attendance of such witness at a state or local judicial proceeding; (2) prevent the production of a record or document in a state or local judicial proceeding, (3) cause or induce any person to withhold testimony or evidence, destroy evidence, evade legal process, or be absent from a state or local judicial proceeding; (4) hinder, delay, or prevent any person from providing information to a state or local law enforcement officer or judge; or (5) retaliate against any person for attending a state or local judicial proceeding or providing information to a law enforcement officer. Directs the United States Sentencing Commission to amend guidelines to increase the sentencing range for obstruction of justice if such crime involved threatening, harming, or bribing a witness or the destruction of evidence.

A bill to protect State and local witnesses from tampering and retaliation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadening Participation in STEM Education Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) One of the National Science Foundation's core missions is ``to achieve excellence in U.S. science, technology, engineering and mathematics (STEM) education''. (2) STEM education at the undergraduate level is vital to developing a workforce that will allow the United States to remain the leader in the 21st century global economy. (3) In 2007, underrepresented minority groups comprised 33.2 percent of the college-age population of the United States, but only 17.7 percent of undergraduate students earning bachelor's degrees in STEM fields. (4) The Higher Education Research Institute at the University of California, Los Angeles, found that, while freshmen from underrepresented minority groups express an interest in pursuing a STEM undergraduate degree at the same rate as all other freshmen, only 22.1 percent of Latino students, 18.4 percent of African-American students, and 18.8 percent of Native American students studying in STEM fields complete their degree within 5 years, compared to an approximate 33 percent and 42 percent 5-year completion rate for White and Asian students, respectively. (5) Statistics are particularly alarming in specific STEM fields. For example, even though underrepresented minorities make up approximately 33 percent of the college-age population, according to an analysis of National Science Foundation data performed by the National Action Council for Minorities in Engineering, students from underrepresented minority groups earned only 13 percent of all engineering degrees in 2009. (6) Underrepresented minority groups currently make up about 29 percent of the United States population. However, only about 8 percent of tenure-track science and engineering faculty members at universities and 4-year colleges and less than 1 percent of tenure-track science and engineering faculty members at the top 100 research universities in the United States are from underrepresented minority groups. (7) Students from underrepresented minority groups at institutions of higher education who see few others ``like themselves'' among faculty and student populations often do not experience the social integration that is necessary for success in all disciplines, including STEM. (8) The ability to connect students and faculty members from underrepresented minority groups has been demonstrated to be successful in increasing the achievement level of students from underrepresented minority groups studying in STEM fields. (9) The United States faces a demographic challenge with regard to STEM education: by 2050, 52 percent of the college- age population of the United States will be from underrepresented minority groups. (10) If the percentage of students from underrepresented minority groups earning bachelor's degrees in STEM fields does not significantly increase, the United States will face an acute shortfall in the overall number of students who earn degrees in STEM fields. (11) With this impending shortfall, and with the number of citizens of other countries earning degrees in STEM fields increasing, the comparative advantage of the United States STEM workforce will diminish, and the United States will almost certainly lose its competitive edge in the 21st century global economy. SEC. 3. FOUNDATION SUPPORT FOR BROADENING PARTICIPATION IN UNDERGRADUATE STEM EDUCATION. (a) Grants.--The Director shall award grants to institutions of higher education (or consortia thereof) to implement or expand research-based reforms in undergraduate STEM education for the purpose of recruiting and retaining students from minority groups who are underrepresented in STEM fields. (b) Merit Review; Competition.--Grants shall be awarded under this section on a merit-reviewed, competitive basis. (c) Use of Funds.--Activities supported by grants under this section may include-- (1) implementation or expansion of innovative, research- based approaches to broaden participation of underrepresented minority groups in STEM fields; (2) implementation or expansion of bridge, cohort, tutoring, or mentoring programs designed to enhance the recruitment and retention of students from underrepresented minority groups in STEM fields; (3) implementation or expansion of outreach programs linking institutions of higher education and K-12 school systems in order to heighten awareness among pre-college students from underrepresented minority groups of opportunities in college-level STEM fields and STEM careers; (4) implementation or expansion of faculty development programs focused on improving retention of undergraduate STEM students from underrepresented minority groups; (5) implementation or expansion of mechanisms designed to recognize and reward faculty members who demonstrate a commitment to increasing the participation of students from underrepresented minority groups in STEM fields; (6) expansion of successful reforms aimed at increasing the number of STEM students from underrepresented minority groups beyond a single course or group of courses to achieve reform within an entire academic unit, or expansion of successful reform efforts beyond a single academic unit to other STEM academic units within an institution of higher education; (7) expansion of opportunities for students from underrepresented minority groups to conduct STEM research in industry, at Federal labs, and at international research institutions or research sites; (8) provision of stipends for students from underrepresented minority groups participating in research; (9) support for graduate students and postdoctoral fellows from underrepresented minority groups to participate in instructional or assessment activities at primarily undergraduate institutions, including primarily undergraduate minority-serving institutions and two-year institutions of higher education; and (10) other activities consistent with subsection (a), as determined by the Director. (d) Selection Process.-- (1) Application.--An institution of higher education (or consortia thereof) seeking a grant under this section shall submit an application to the Director at such time, in such manner, and containing such information and assurances as the Director may require. The application shall include, at a minimum-- (A) a description of the proposed reform effort; (B) a description of the research findings that will serve as the basis for the proposed reform effort or, in the case of applications that propose an expansion of a previously implemented reform, a description of the previously implemented reform effort, including data about the recruitment, retention, and academic achievement of students from underrepresented minority groups; (C) evidence of an institutional commitment to, and support for, the proposed reform effort, including a long-term commitment to implement successful strategies from the current reform beyond the academic unit or units included in the grant proposal; (D) a description of existing or planned institutional policies and practices regarding faculty hiring, promotion, tenure, and teaching assignment that reward faculty contributions to improving the education of students from underrepresented minority groups in STEM; and (E) how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change. (2) Review of applications.--In selecting grant recipients under this section, the Director shall consider, at a minimum-- (A) the likelihood of success of the proposed reform effort at the institution submitting the application, including the extent to which the faculty, staff, and administrators of the institution are committed to making the proposed institutional reform a priority of the participating academic unit or units; (B) the degree to which the proposed reform effort will contribute to change in institutional culture and policy such that greater value is placed on faculty engagement in the retention of students from underrepresented minority groups; (C) the likelihood that the institution will sustain or expand the proposed reform effort beyond the period of the grant; and (D) the degree to which evaluation and assessment plans are included in the design of the proposed reform effort. (3) Priority.--For applications that include an expansion of existing reforms beyond a single academic unit, the Director shall give priority to applications for which a senior institutional administrator, such as a dean or other administrator of equal or higher rank, serves as the principal investigator. (4) Grant distribution.--The Director shall ensure, to the extent practicable, that grants awarded under this section are made to a variety of types of institutions of higher education, including two-year and minority-serving institutions of higher education. (e) Education Research.-- (1) In general.--All grants made under this section shall include an education research component that will support the design and implementation of a system for data collection and evaluation of proposed reform efforts in order to build the knowledge base on promising models for increasing recruitment and retention of students from underrepresented minority groups in STEM education at the undergraduate level across a diverse set of institutions. (2) Dissemination.--The Director shall coordinate with relevant Federal agencies in disseminating the results of the research under this subsection to ensure that best practices in broadening participation in STEM education at the undergraduate level are made readily available to all institutions of higher education, other Federal agencies that support STEM programs, non-Federal funders of STEM education, and the general public. SEC. 4. FOUNDATION SUPPORT FOR INCREASING DIVERSITY AMONG STEM FACULTY AT INSTITUTIONS OF HIGHER EDUCATION. (a) Grants.--The Director shall award grants to institutions of higher education (or consortia thereof) for the development of innovative reform efforts designed to increase the recruitment, retention, and advancement of individuals from underrepresented minority groups in academic STEM careers. (b) Merit Review; Competition.--Grants shall be awarded under this section on a merit-reviewed, competitive basis. (c) Use of Funds.--Activities supported by grants under this section may include-- (1) institutional assessment activities, such as data analyses and policy review, in order to identify and address specific issues in the recruitment, retention, and advancement of faculty members from underrepresented minority groups; (2) implementation of institution-wide improvements in workload distribution, such that faculty members from underrepresented minority groups are not disadvantaged in the amount of time available to focus on research, publishing papers, and engaging in other activities required to achieve tenure status and run a productive research program; (3) development and implementation of training courses for administrators and search committee members to ensure that candidates from underrepresented minority groups are not subject to implicit biases in the search and hiring process; (4) development and hosting of intra- or inter- institutional workshops to propagate best practices in recruiting, retaining, and advancing faculty members from underrepresented minority groups; (5) professional development opportunities for faculty members from underrepresented minority groups; (6) activities aimed at making undergraduate STEM students from underrepresented minority groups aware of opportunities for academic careers in STEM fields; (7) activities to identify and engage exceptional graduate students from underrepresented minority groups at various stages of their studies and to encourage them to enter academic careers; and (8) other activities consistent with subsection (a), as determined by the Director. (d) Selection Process.-- (1) Application.--An institution of higher education (or consortia thereof) seeking funding under this subsection shall submit an application to the Director at such time, in such manner, and containing such information and assurances as the Director may require. The application shall include, at a minimum, a description of-- (A) the reform effort that is being proposed for implementation by the institution of higher education; (B) any available evidence of specific difficulties in the recruitment, retention, and advancement of faculty members from underrepresented minority groups in STEM academic careers within the institution of higher education submitting an application, and how the proposed reform effort would address such issues; (C) how the institution of higher education submitting an application plans to sustain the proposed reform effort beyond the duration of the grant; and (D) how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change. (2) Review of applications.--In selecting grant recipients under this section, the Director shall consider, at a minimum-- (A) the likelihood of success in undertaking the proposed reform effort at the institution of higher education submitting the application, including the extent to which the administrators of the institution are committed to making the proposed reform effort a priority; (B) the degree to which the proposed reform effort will contribute to change in institutional culture and policy such that greater value is placed on the recruitment, retention, and advancement of faculty members from underrepresented minority groups; (C) the likelihood that the institution of higher education will sustain or expand the proposed reform effort beyond the period of the grant; and (D) the degree to which evaluation and assessment plans are included in the design of the proposed reform effort. (3) Grant distribution.--The Director shall ensure, to the extent practicable, that grants awarded under this section are made to a variety of types of institutions of higher education. SEC. 5. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) Foundation.--The term ``Foundation'' means the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861). (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) STEM.--The term ``STEM'' means the academic and professional disciplines of science, technology, engineering, and mathematics.

Broadening Participation in STEM Education Act - Requires the Director of the National Science Foundation (NSF) to award competitive grants to institutions of higher education (IHEs) to implement or expand research-based reforms in undergraduate science, technology, engineering, and mathematics (STEM) education to recruit and retain minority students who are underrepresented in STEM fields. Authorizes the use of such grants on reforms that include: (1) bridge, cohort, tutoring, or mentoring programs; (2) outreach to minority elementary and secondary school students; (3) faculty development and recognition programs; (4) efforts to increase the participation of underrepresented minorities in the full gamut of STEM disciplines offered by IHEs; (5) efforts to increase and support their participation in research; and (6) support for the participation of minority graduate students and postdoctoral fellows in instructional or assessment activities at primarily undergraduate IHEs. Requires each grant to include an education research component so that reform efforts can be evaluated and, if shown to be effective, replicated to improve the participation of minority students in STEM fields at other schools. Requires the Director of the NSF to award competitive grants to IHEs to develop innovative reform efforts designed to increase the recruitment, retention, and advancement of individuals from underrepresented minority groups in academic STEM careers.

To authorize the Director of the National Science Foundation to provide grants to institutions of higher education for implementing or expanding reforms in undergraduate science, technology, engineering, and mathematics (STEM) education in order to increase the number of students from underrepresented minority groups receiving degrees in these fields, and to recruit, retain, and advance STEM faculty members from underrepresented minority groups at institutions of higher education.

SECTION 1. COMMISSION TO PROMOTE A NATIONAL DIALOGUE ON BIOETHICS. (a) Establishment.--There is established within the Institute of Medicine a commission to be known as the Commission to Promote a National Dialogue on Bioethics (referred to in this section as the ``Commission''). (b) Membership.-- (1) Number and appointment.--The Commission shall be composed of 25 members, of whom-- (A) 6 shall be appointed by the Majority Leader of the Senate; (B) 6 shall be appointed by the Minority Leader of the Senate; (C) 6 shall be appointed by the Speaker of the House of Representatives; and (D) 6 shall be appointed by the Minority Leader of the House of Representatives; and (E) 1, who shall serve as the Chairperson of the Commission, to be appointed jointly by the Majority Leader of the Senate, and the Speaker of the House of Representatives, in consultation with the Minority Leader of the Senate and the Minority Leader of the House of Representatives. (2) Requirements.-- (A) In general.--Each individual described in subparagraph (A) through (D) of paragraph (1) shall ensure that members appointed to the Commission are representative of the fields of law, theology, philosophy or ethics, medicine, science, and social science. (B) Limitation.--No member of Congress, nor political appointee of the executive branch, shall serve as a member of the Commission. (3) Deadline for appointment.--Members of the Commission shall be appointed by not later than December 1, 1998. (4) Terms of appointment.--A member of the Commission appointed under paragraph (1) shall serve for a term of 3 years. Members may not serve consecutive terms. (5) Meetings.--The Commission shall meet at the call of its Chairperson or a majority of its members. (6) Quorum.--A quorum shall consist of 13 members of the Commission. (7) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made not later than 30 days after the Commission is given notice of the vacancy and shall not affect the power of the remaining members to execute the duties of the Commission. (8) Compensation.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. (9) Expenses.--Each member of the Commission shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (c) Duties of the Commission.--The Commission shall provide an independent forum for broad public participation and discourse concerning important bioethical issues including cloning, and provide for a report to Congress concerning the findings, conclusions, and recommendations of the Commission concerning Federal policy and possible Congressional action. (d) Staff and Support Services.-- (1) Staff.--With the approval of the Commission, the chairperson of the Commission may appoint such personnel as the chairperson considers appropriate. (2) Applicability of civil service laws.--The staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid 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). (3) Experts and consultants.--With the approval of the Commission, the chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Physical facilities.--The Administrator of the General Services Administration shall locate suitable office space for the operation of the Commission. The facilities shall serve as the headquarters of the Commission and shall include all necessary equipment and incidentals required for the proper functioning of the Commission. (e) Powers of Commission.-- (1) Hearings and other activities.--For the purpose of carrying out its duties, the Commission may hold such public hearings and undertake such other activities as the Commission determines to be necessary to carry out its duties. (2) Detail of federal employees.--Upon the request of the Commission, the head of any Federal agency is authorized to detail, without reimbursement, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (3) Technical assistance.--Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties. (4) Use of mails.--The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (5) Obtaining information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out its duties, if the information may be disclosed under section 552 of title 5, United States Code. Upon request of the Chairperson of the Commission, the head of such agency shall furnish such information to the Commission. (6) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (7) Printing.--For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of the Congress. (f) Subcommittees.-- (1) In general.--The Commission shall establish 6 subcommittees, including-- (A) a subcommittee on legal issues; (B) a subcommittee on theological issues; (C) a subcommittee on philosophical and ethical issues; (D) a subcommittee on medical issues; (E) a subcommittee on scientific issues; and (F) a subcommittee on social issues. (2) Membership.--With respect to the issues for which each subcommittee has been established, each subcommittee shall be composed of-- (A) 1 expert to be appointed by the members of the Committee who were appointed under subparagraphs (A) and (C) of subsection (b)(1); (B) 1 expert to be appointed by the members of the Committee who were appointed under subparagraphs (B) and (D) of subsection (b)(1); (C) 1 individual operating in the private sector who is acquainted with the issues but not an expert to be appointed by the members of the Committee who were appointed under subparagraphs (A) and (C) of subsection (b)(1); (D) 1 individual operating in the private sector who is acquainted with the issues but not an expert to be appointed by the members of the Committee who were appointed under subparagraphs (B) and (D) of subsection (b)(1); and (E) 4 members of the commission with relevant expertise. (3) Meetings.--Meetings of the subcommittees shall be approved by the Commission. (g) Report.--Not later than December 31, 1999, and annually thereafter, the Commission shall prepare and submit to the appropriate committees of Congress a report which shall contain a detailed statement of the recommendations, findings, and conclusions of the Commission. (h) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

Establishes within the Institute of Medicine a Commission to Promote a National Dialogue on Bioethics to: (1) provide an independent forum for broad public participation and discourse concerning important bioethical issues including cloning; and (2) provide for a report to the Congress on its findings and recommendations concerning Federal policy and possible congressional action. Authorizes appropriations.

A bill to provide for the establishment of a Commission to Promote a National Dialogue on Bioethics.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Law Enforcement Assistance Act of 1999''. SEC. 2. FUNDING TO NATIONAL CENTER FOR RURAL LAW ENFORCEMENT. (a) Funding Authority.--The Attorney General shall provide funds, subject to appropriations, to the National Center for Rural Law Enforcement if the Executive Director of the Center certifies, in writing, to the Attorney General that the Center-- (1) is incorporated in accordance with applicable State laws; (2) is in compliance with the by-laws of the Center; (3) shall use amounts made available under this section in accordance with subsection (b); and (4) shall not support any political party or candidate for elected or appointed office. (b) Uses of Funds.-- (1) Required uses of funds.--The Center shall use funds made available under this section to develop an educational program for employees of law enforcement agencies serving rural areas which shall include-- (A) the development and delivery of management education and training, technical assistance, practical research and evaluation, and computer and forensic education and training for employees of law enforcement agencies serving rural areas, tribal law enforcement employees and railroad law enforcement employees, including supervisory and executive managers of those agencies; (B) conducting research into the causes and prevention of criminal activity in rural areas, including the causes, assessment, evaluation, analysis, and prevention of criminal activity; (C) the development and dissemination of information designed to assist States and units of local government in rural areas throughout the United States; (D) the establishment and maintenance of a resource and information center for the collection, preparation, and dissemination of information regarding criminal justice and law enforcement in rural areas, including programs for the prevention of crime and recidivism; and (E) the delivery of assistance, in a consulting capacity, to criminal justice agencies in the development, establishment, maintenance, and coordination of programs, facilities and services, training, and research relating to crime in rural areas. (2) Permissive uses of funds.--The Center may use funds made available under this section to enhance the educational program developed under paragraph (1), through-- (A) educational opportunities for rural law enforcement agencies; (B) the development, promotion, and voluntary adoption of educational and training standards and accreditation certification programs for law enforcement agencies serving rural areas and the employees of those agencies; (C) grants to, and contracts with, State, and local governments, law enforcement agencies, public and private agencies, educational institutions, and other organizations and individuals to carry out this paragraph; (D) the formulation and recommendation of law enforcement policy, goals, and standards in rural areas applicable to criminal justice agencies, organizations, institutions, and personnel; and (E) coordination with institutions of higher education for the purpose of encouraging programs of study for law enforcement in rural areas at such institutions. (c) Powers.--In carrying out subsection (b), the Executive Director may-- (1) request the head of any Federal department or agency to detail, on a reimbursable basis, any of the personnel of that department or agency to the Center to assist it in carrying out its duties under this Act; (2) request the Administrator of the General Services Administration to provide the Center, on a reimbursable basis, the administrative support services necessary for the Center to carry out its responsibilities under this Act; and (3) procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates of compensation established by the Board, but not to exceed the daily equivalent of the maximum rate of pay payable for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (d) Travel Expenses.--For purposes of official travel, expenses shall be reimbursed, including per diem in lieu of subsistence, in the same manner as such expenses are permitted under sections 5702 and 5703 of title 5, United States Code. (e) Reporting Requirements.--The Center shall submit an annual report to the Attorney General that includes-- (1) a description of the education and training program conducted by the Center; (2) the number and demographic representation of individuals who attended programs sponsored by the Center; (3) a description of the extent resources of other governmental agencies or private entities were used; and (5) a description of the extent contracts with other public and private resources were used. (f) Definitions.--For purposes of this Act: (1) The term ``Board'' means the members of the Board of the Center as elected according to its bylaws. (2) The term ``Center'' means the National Center for Rural Law Enforcement, a nonprofit corporation located in Little Rock, Arkansas. (3) The term ``Executive Director'' means the Executive Director of the Center as appointed according to the bylaws of the Center. (4) The term ``metropolitan statistical area'' has the same meaning given such term by the Bureau of the Census. (5) The term ``rural law enforcement agency'' means a law enforcement agency that serves a city, town, township, borough, or village outside a metropolitan statistical area. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $22,000,000 for fiscal year 2000; and (2) such sums as may be necessary for each of fiscal years 2001 through 2005.

Rural Law Enforcement Assistance Act of 1999 - Directs the Attorney General to provide funds to the National Center for Rural Law Enforcement if the Center's Executive Director certifies in writing that the Center: (1) is incorporated in accordance with applicable State laws; (2) is in compliance with its by-laws; (3) shall use amounts made available in accordance with requirements of this Act; and (4) shall not support any political party or candidate for elected or appointed office. Requires the Center to use such funds to develop an educational program for employees of law enforcement agencies serving rural areas for specified purposes, including: (1) the development and delivery of management education and training for employees of law enforcement agencies serving rural areas; and (2) the delivery of assistance (in a consulting capacity) to criminal justice agencies in the development and coordination of programs, training, and research relating to crime in rural areas. Permits the Center to use such funds to enhance that educational program through specified means, including: (1) educational opportunities for rural law enforcement agencies; and (2) coordination with institutions of higher education to encourage programs of study for law enforcement in rural areas at such institutions. Sets forth reporting requirements. Authorizes appropriations.

Rural Law Enforcement Assistance Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tropical Forest and Coral Conservation Reauthorization Act of 2007''. SEC. 2. AMENDMENT TO SHORT TITLE OF ACT TO ENCOMPASS EXPANDED SCOPE. (a) In General.--Section 801 of the Tropical Forest Conservation Act of 1998 (Public Law 87-195; 22 U.S.C. 2151 note) is amended by striking ``Tropical Forest Conservation Act of 1998'' and inserting ``Tropical Forest and Coral Conservation Act of 2007''. (b) References.--Any reference in any other provision of law, regulation, document, paper, or other record of the United States to the ``Tropical Forest Conservation Act of 1998'' shall be deemed to be a reference to the ``Tropical Forest and Coral Conservation Act of 2007''. SEC. 3. EXPANSION OF SCOPE OF ACT TO PROTECT FORESTS AND CORAL REEFS. (a) In General.--Section 802 of the Tropical Forest and Coral Conservation Act of 2007 (22 U.S.C. 2431), as renamed by section 2(a), is amended-- (1) in subsections (a)(1), (a)(6), (a)(7), (b)(1), (b)(3), and (b)(4), by striking ``tropical forests'' each place it appears and inserting ``tropical forests and coral reefs and associated coastal marine ecosystems''; (2) in subsection (a)(2)-- (A) in subparagraph (A), by striking ``resources, which are the basis for developing pharmaceutical products and revitalizing agricultural crops'' and inserting ``resources''; and (B) in subparagraph (C), by striking ``far-flung''; and (3) in subsection (b)(2)-- (A) by striking ``tropical forests'' the first place it appears and inserting ``tropical forests and coral reefs and associated coastal marine ecosystems''; (B) by striking ``tropical forests'' the second place it appears and inserting ``areas''; (C) by striking ``tropical forests'' the third place it appears and inserting ``tropical forests and coral reefs and their associated coastal marine ecosystems''; and (D) by striking ``that have led to deforestation'' and inserting ``on such countries''. (b) Amendments Related to Definitions.--Section 803 of such Act (22 U.S.C. 2431a) is amended-- (1) in paragraph (5)-- (A) in the heading, by striking ``tropical forest'' and inserting ``tropical forest or coral reef''; (B) in the matter preceding subparagraph (A), by striking ``tropical forest'' and inserting ``tropical forest or coral reef''; and (C) in subparagraph (B), by striking ``tropical forest'' and inserting ``tropical forest or coral reef''. (2) by adding at the end the following new paragraphs: ``(10) Coral.--The term `coral' means species of the phylum Cnidaria, including-- ``(A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), and Coenothecalia (blue coral), of the class Anthoza; and ``(B) all species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa. ``(11) Coral reef.--The term `coral reef' means any reef or shoal composed primarily of coral. ``(12) Associated coastal marine ecosystem.--The term `associated coastal marine ecosystem' means any coastal marine ecosystem surrounding, or directly related to, a coral reef and important to maintaining the ecological integrity of that coral reef, such as seagrasses, mangroves, sandy seabed communities, and immediately adjacent coastal areas.''. SEC. 4. CHANGE TO NAME OF FACILITY. (a) In General.--Section 804 of the Tropical Forest and Coral Conservation Act of 2007 (22 U.S.C. 2431b), as renamed by section 2(a), is amended by striking ``Tropical Forest Facility'' and inserting ``Conservation Facility''. (b) Conforming Amendments to Definitions.--Section 803(8) of such Act (22 U.S.C. 2431a(8)) is amended-- (1) in the heading, by striking ``Tropical forest facility'' and inserting ``Conservation facility''; and (2) by striking ``Tropical Forest Facility'' both places it appears and inserting ``Conservation Facility''. (c) References.--Any reference in any other provision of law, regulation, document, paper, or other record of the United States to the ``Tropical Forest Facility'' shall be deemed to be a reference to the ``Conservation Facility''. SEC. 5. ELIGIBILITY FOR BENEFITS. Section 805(a) of the Tropical Forest and Coral Conservation Act of 2007 (22 U.S.C. 2431c(a)), as renamed by section 2(a), is amended by striking ``tropical forest'' and inserting ``tropical forest or coral reef''. SEC. 6. UNITED STATES GOVERNMENT REPRESENTATION ON OVERSIGHT BODIES FOR GRANTS FROM DEBT-FOR-NATURE SWAPS AND DEBT-BUYBACKS. Section 808(a)(5) of the Tropical Forest and Coral Conservation Act of 2007 (22 U.S.C. 2431f(a)(5)), as renamed by section 2(a), is amended by adding at the end the following new subparagraph: ``(C) United states government representation on the administering body.--One or more individuals appointed by the United States Government may serve in an official capacity on the administering body that oversees the implementation of grants arising from a debt-for-nature swap or debt buy-back regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country.''. SEC. 7. CONSERVATION AGREEMENTS. (a) Renaming of Agreements.--Section 809 of the Tropical Forest and Coral Conservation Act of 2007 (22 U.S.C. 2431g), as renamed by section 2(a), is amended-- (1) in the section heading, by striking ``tropical forest agreement'' and inserting ``conservation agreement''; and (2) in subsection (a)-- (A) by striking ``Authority'' and all that follows through ``(1) In general.--The Secretary'' and inserting ``Authority.--The Secretary''; and (B) by striking ``Tropical Forest Agreement'' and inserting ``Conservation Agreement''. (b) Elimination of Requirement To Consult With the Enterprise for the Americas Board.--Such subsection is further amended by striking paragraph (2). (c) Role of Beneficiary Countries.--Such section is further amended-- (1) in subsection (e)(1)(C), by striking ``in exceptional circumstances, the government of the beneficiary country'' and inserting ``in limited circumstances, the government of the beneficiary country when needed to improve governance and enhance management of tropical forests or coral reefs or associated coastal marine ecosystems, without replacing existing levels of financial efforts by the government of the beneficiary country and with priority given to projects that complement grants made under subparagraphs (A) and (B)''; and (2) by amending subsection (f) to read as follows: ``(f) Review of Larger Grants.--Any grant of more than $250,000 from a Fund must be approved by the Government of the United States and the government of the beneficiary country.''. (d) Technical and Conforming Amendments.--Such section is further amended-- (1) in subsection (c)(2)(A)(i), by inserting ``to serve in an official capacity'' after ``Government''; (2) in subsection (d)-- (A) in the matter preceding paragraph (1), by striking ``tropical forests'' and inserting ``tropical forests and coral reefs and associated coastal marine ecosystems related to such coral reefs''; (B) in paragraph (5), by striking ``tropical forest''; and (C) in paragraph (6), by striking ``living in or near a tropical forest in a manner consistent with protecting such tropical forest'' and inserting ``dependent on a tropical forest or coral reef or an associated coastal marine ecosystem related to such coral reef and related resources in a manner consistent with conserving such resources''. (e) Conforming Amendments to Definitions.--Section 803(7) of such Act (22 U.S.C. 2431a(7)) is amended-- (1) in the heading, by striking ``Tropical forest agreement'' and inserting ``Conservation agreement''; and (2) by striking ``Tropical Forest Agreement'' both places it appears and inserting ``Conservation Agreement''. SEC. 8. CONSERVATION FUND. (a) In General.--Section 810 of the Tropical Forest and Coral Conservation Act of 2007 (22 U.S.C. 2431h), as renamed by section 2(a), is amended-- (1) in the section heading, by striking ``tropical forest fund'' and inserting ``conservation fund''; and (2) in subsection (a)-- (A) by striking ``Tropical Forest Agreement'' and inserting ``Conservation Agreement''; and (B) by striking ``Tropical Forest Fund'' and inserting ``Conservation Fund''. (b) Conforming Amendments to Definitions.--Such Act is further amended-- (1) in section 803(9) (22 U.S.C. 2431a(9))-- (A) in the heading, by striking ``Tropical forest fund'' and inserting ``Conservation fund''; and (B) by striking ``Tropical Forest Fund'' both places it appears and inserting ``Conservation Fund''; (2) in section 806(c)(2) (22 U.S.C. 2431d(c)(2)), by striking ``Tropical Forest Fund'' and inserting ``Conservation Fund''; and (3) in section 807(c)(2) (22 U.S.C. 2431e(c)(2)), by striking ``Tropical Forest Fund'' and inserting ``Conservation Fund''. SEC. 9. REPEAL OF AUTHORITY OF THE ENTERPRISE FOR THE AMERICAS BOARD TO CARRY OUT ACTIVITIES UNDER THE FOREST AND CORAL CONSERVATION ACT OF 2007. (a) In General.--Section 811 of the Tropical Forest and Coral Conservation Act of 2007 (22 U.S.C. 2431i), as renamed by section 2(a), is repealed. (b) Conforming Amendments.--Section 803 of such Act (22 U.S.C. 2431a), as renamed by section 2(a), is amended-- (1) by striking paragraph (4); and (2) by redesignating paragraphs (5), (6), (7), (8), and (9) as paragraphs (4), (5), (6), (7), and (8), respectively. SEC. 10. CHANGES TO DUE DATES OF ANNUAL REPORTS TO CONGRESS. Section 813 of the Tropical Forest and Coral Conservation Act of 2007 (22 U.S.C. 2431k), as renamed by section 2(a), is amended-- (1) in subsection (a)-- (A) by striking ``(a) In General.--Not later than December 31'' and inserting ``Not later than April 15''; (B) by striking ``Facility'' both places it appears and inserting ``Conservation Facility''; and (C) by striking ``fiscal year'' both places it appears and inserting ``calendar year''; and (2) by striking subsection (b). SEC. 11. CHANGES TO INTERNATIONAL MONETARY FUND CRITERION FOR COUNTRY ELIGIBILITY. Section 703(a)(5) of the Foreign Assistance Act of 1961 (22 U.S.C. 2430b(a)(5)) is amended-- (1) by striking ``or, as appropriate in exceptional circumstances,'' and inserting ``or''; (2) in subparagraph (A)-- (A) by striking ``or in exceptional circumstances, a Fund monitored program or its equivalent,'' and inserting ``or a Fund monitored program, or is implementing sound macroeconomic policies,''; and (B) by striking ``(after consultation with the Enterprise for the Americas Board)''; and (3) in subparagraph (B), by striking ``(after consultation with the Enterprise for Americas Board)''. SEC. 12. NEW AUTHORIZATION OF APPROPRIATIONS FOR THE REDUCTION OF DEBT AND AUTHORIZATION FOR AUDIT, EVALUATION, MONITORING, AND ADMINISTRATION EXPENSES. Section 806 of the Tropical Forest and Coral Conservation Act of 2007 (22 U.S.C. 2431d), as renamed by section 2(a), is amended-- (1) in subsection (d), by adding at the end the following new paragraphs: ``(7) $20,000,000 for fiscal year 2008. ``(8) $25,000,000 for fiscal year 2009. ``(9) $30,000,000 for fiscal year 2010.''; and (2) by amending subsection (e) to read as follows: ``(e) Use of Funds To Conduct Program Audits, Evaluations, Monitoring, and Administration.--Of the amounts made available to carry out this part for a fiscal year, $300,000 is authorized to be made available to carry out audits, evaluations, monitoring, and administration of programs under this part, including personnel costs associated with such audits, evaluations, monitoring and administration.''. Amend the title so as to read: ``A bill to reauthorize the Tropical Forest Conservation Act of 1998 through fiscal year 2010, to rename the Tropical Forest Conservation Act of 1998 as the `Tropical Forest and Coral Conservation Act of 2007', and for other purposes.''.

Tropical Forest and Coral Conservation Reauthorization Act of 2007 - (Sec. 2) Renames the Tropical Forest Conservation Act of 1998 as The Tropical Forest and Coral Conservation Act of 2007 (Act). (Sec. 3) Includes tropical forests and coral reefs and associated coastal marine ecosystems within the scope of such Act. (Current law refers to tropical forests.) (Sec. 4) Renames the Tropical Forest Facility as the Conservation Facility. (Sec. 5) Makes developing countries with tropical forests or coral reefs eligible for benefits. (Current law refers to tropical forests.) (Sec. 6) Authorizes U.S. government representation on the administering body that oversees the implementation of grants from a debt-for-nature swap or debt buy-back regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country. (Sec. 7) Eliminates the requirement that the Enterprise for the Americas Board be consulted in negotiating a Conservation Agreement. Requires U.S. government and beneficiary country government review of Conservation Fund grants in excess of $250,000. (Sec. 8) Renames: (1) the Tropical Forest Agreement as the Conservation Agreement; and (2) the Tropical Forest Fund as the Conservation Fund. (Sec. 9) Repeals Board authority to carry out activities under the Act. (Sec. 10) Revises certain reporting dates. (Sec. 11) Revises specified International Monetary Fund (IMF) criteria for country eligibility. (Sec. 12) Authorizes FY2008-FY2010 appropriations. Increases obligations for program administration, monitoring, and auditing.

A bill to reauthorize the Tropical Forest Conservation Act of 1998 through fiscal year 2010, to rename the Tropical Forest Conservation Act of 1998 as the "Tropical Forest and Coral Conservation Act of 2007", and for other purposes.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Rocky Mountain Forest Insects Response Enhancement and Support Act'' or the ``Rocky Mountain FIRES Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and purpose. Sec. 3. Response to widespread infestations of bark beetles and other insects on Federal land in Rocky Mountain region. Sec. 4. Community wildfire protection plan development assistance for at-risk communities in the Rocky Mountain region. Sec. 5. Additional assistance for preparation of community wildfire protection plans. Sec. 6. Biomass commercial utilization grant program and biomass collection. Sec. 7. Cooperation with certain private landowners. Sec. 8. Partial exclusion from gross income of payments received as compensation for silvicultural activities in response to insect-infestation emergencies. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Fire, bark beetles, and other insects that feed on trees are natural parts of the Rocky Mountain forest ecology that have some beneficial effects and help shape the forests by thinning dense tree stands and promoting cyclical re-growth. (2) However, in various parts of the Rocky Mountain region, large-scale infestations of bark beetles and other insects, in combination with other factors, have increased the likelihood of unusually severe wildfires that pose a threat to lives and property in nearby communities. (3) This increased wildfire danger is the result of the following factors: (A) A century-long policy of suppressing even small fires on Federal lands, which combined with a more recent reduction in the quantity of timber harvesting on Federal lands, has resulted in unusually dense vegetation that can provide fuel for unusually severe wildfires. (B) A pronounced and prolonged drought that has weakened trees and made them more susceptible to both wildfire and insects. (C) Population growth in mountain communities adjacent to Federal lands and the development of ski areas and other recreational facilities on and in the vicinity of Federal lands, with a resulting increase in the number of people, homes, and businesses at risk; (4) The Healthy Forests Restoration Act of 2003 (Public Law 108-148; 16 U.S.C. 6501 et seq) addressed the need to reduce the volume of fuel that can feed the most severe fires that threaten communities. (5) However, provisions of the Healthy Forests Restoration Act of 2003 and other laws need to be modified to help further reduce the risks to communities in the Rocky Mountain region associated with current insect infestations. (b) Purpose.--The purpose of this Act is to facilitate a swifter response by the Secretary of Agriculture and the Secretary of the Interior to reduce the increased risk of severe wildfires to communities in the Rocky Mountain region resulting from the effects of widespread infestations of bark beetles and other insects. SEC. 3. RESPONSE TO WIDESPREAD INFESTATIONS OF BARK BEETLES AND OTHER INSECTS ON FEDERAL LAND IN ROCKY MOUNTAIN REGION. (a) Definitions.--Section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511) is amended-- (1) by redesignating paragraphs (12) through (16) as paragraphs (13), (14), (16), (17), and (18), respectively; (2) by inserting after paragraph (11) the following new paragraph: ``(12) Insect-emergency area.--The term `insect-emergency area' means Federal land in the Rocky Mountain region that-- ``(A) the Secretary determines is subject to a widespread infestation of bark beetles or other insects; ``(B) is identified for hazardous fuel reduction treatment in a community wildfire protection plan; and ``(C) is characterized by insect-induced tree mortality that the Secretary determines has, or within one year will have, produced a condition such that an immediate reduction in hazardous fuels is required in order to reduce the risks to human life and property or to a municipal water supply from a severe wildfire.''; and (3) by inserting after paragraph (14), as redesignated by paragraph (2), the following new paragraph: ``(16) Rocky mountain region.--The term `Rocky Mountain region' means the States of Arizona, Colorado, Idaho, Montana, New Mexico, North Dakota, South Dakota, Utah, and Wyoming.''. (b) Funding Allocation Prioritization for Federal Lands in Rocky Mountain Region.--Section 103(d)(1) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6513(d)(1)(B)) is amended by adding at the end the following new subparagraph: ``(D) Special rule for rocky mountain region.--The Secretary shall allocate not less than 70 percent of the funds allocated for authorized hazardous fuel reduction projects in the Rocky Mountain region for-- ``(i) projects in the wildland-urban interface; and ``(ii) lands that are in proximity to a municipal water supply system or a stream feeding such a system within a municipal watershed and that have been identified for such projects in community wildfire protection plans.''. (c) Alternative Analysis Process.--Section 104(d)(2) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514(d)(2)) is amended by inserting after ``at-risk community'' the following: ``or on any other lands identified for such a project in a community wildfire protection plan for an at-risk community in or adjacent to an insect-emergency area''. (d) Insect Emergencies.--Title I of the Healthy Forests Restoration Act of 2003 is amended-- (1) by redesignating sections 107 and 108 as sections 109 and 110, respectively; and (2) by inserting after section 106 the following new section: ``SEC. 107. ACTIONS RELATED TO INSECT-EMERGENCY AREAS. ``(a) Designation.-- ``(1) Designation authority.--The Secretary may designate insect-emergency areas. The designation shall be made on the basis of the best information available, including observation of relevant insect infestations. ``(2) Initiation.--The designation of an insect-emergency area may be made on the initiative of the Secretary or in response to a request by any State agency or any political subdivision of a State. ``(3) Deadline.--If a State agency or a political subdivision of a State requests an area to be designated as an insect-emergency area pursuant to paragraph (2), the decision regarding such request shall be made no later than 90 days after receipt of the request. ``(4) Limitation on delegation.--In the case of National Forest System lands, the authority to make a designation under this subsection may be delegated only to a Regional Forester. ``(b) Consultation and Public Comment.--Before making a determination to designate an insect-emergency area, the Secretary shall-- ``(1) consult with any Federal agency responsible for management of lands within a relevant community wildfire protection plan and appropriate State and local officials; and ``(2) provide public notice and seek public comments. ``(c) Review of Designation.--Any administrative or judicial review of a designation made pursuant to subsection (a) shall be subject to regulations issued pursuant to section 105 and to the provisions of section 106. ``(d) Effect of Determination.-- ``(1) Authorized hazardous fuel reduction projects.--An authorized hazardous fuel reduction project involving lands within an area designated as an insect-emergency area may be categorically excluded from documentation in an environmental impact statement and environmental assessment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if-- ``(A) the project involves only lands that are identified for hazardous-fuel reduction treatment in a community wildfire protection plan; and ``(B) the decision to categorically exclude the project is made in accordance with applicable extraordinary circumstances procedures established pursuant to section 1508.4 of title 40, Code of Federal Regulations. ``(2) Stewardship projects.--A stewardship contracting project under section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of Public Law 105-277; 16 U.S.C. 2104 note) to implement a hazardous fuel reduction project in an insect- emergency area may exceed 10 years, but may not exceed 15 years. ``(e) Personnel Authority.--The Secretary of Agriculture may relocate or reassign personnel of the Forest Service in order to provide additional personnel to prepare and carry out applied silvicultural assessments under section 404 in response to an insect emergency or to prepare and implement other appropriate actions involving Federal lands subject to an insect emergency.''. (e) Relation to Appeals Reform Act.--Section 105 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515) is amended by adding at the end the following new subsection: ``(d) Relation to Appeals Reform Act.--Nothing in section 322 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (Public Law 102-381; 16 U.S.C. 1612 note) shall be construed to require administrative review procedures different from, or in addition to, the procedures established by regulations issued pursuant to this section for administrative review of an authorized hazardous fuel reduction project conducted pursuant to section 102 or the designation of an insect-emergency area pursuant to section 107.''. SEC. 4. COMMUNITY WILDFIRE PROTECTION PLAN DEVELOPMENT ASSISTANCE FOR AT-RISK COMMUNITIES IN THE ROCKY MOUNTAIN REGION. (a) Availability of Assistance.--Section 103 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6513) is amended by adding at the end the following new subsection: ``(e) Planning Assistance for at-Risk Communities.--Using amounts made available to the Secretary of Agriculture under section 35(c) of the Mineral Leasing Act (30 U.S.C. 191(c)), the Secretary of Agriculture shall make grants to at-risk communities in the Rocky Mountain region to assist the at-risk communities to prepare or revise a community wildfire protection plan. The Secretary of Agriculture shall make such grants in consultation with appropriate State agencies.''. (b) Funding Source.--Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended by adding at the end the following new subsection: ``(c) Notwithstanding subsection (a), $5,000,000 of the monies paid into the Treasury under such subsection for each of the fiscal years 2006 through 2010 shall be made available to the Secretary of Agriculture, without further appropriation and until expended, for obligation and expenditure pursuant to section 103(e) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6513).''. SEC. 5. ADDITIONAL ASSISTANCE FOR PREPARATION OF COMMUNITY WILDFIRE PROTECTION PLANS. Subparagraph (L) of section 33(b)(3) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(3)) is amended to read as follows: ``(L) To fund fire prevention programs, including the development of community wildfire protection plans (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)).''. SEC. 6. BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM AND BIOMASS COLLECTION. (a) Grant Program.--Section 203 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6531) is amended to read as follows: ``SEC. 203. BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM. ``(a) Program Authorized.--The Secretary of Agriculture may make grants to the owners or operators of facilities that use biomass-- ``(1) as a raw material to produce electricity, sensible heat, transportation fuel, or substitutes for petroleum-based products; ``(2) for wood-based products; or ``(3) for other commercial purposes. ``(b) Priority.--In making grants under this section, the Secretary shall give priority to applications submitted by persons who purchase biomass removed from lands in insect-emergency areas through an authorized hazardous fuel reduction project carried out pursuant to section 102. ``(c) Use of Grant Funds.--Grants made pursuant to this section may be used to offset the costs of purchasing biomass. ``(d) Relation to Other Authorities.--The authority provided by this section is in addition to any other authority of the Secretary to make grants related to biomass. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2007 through 2010 to make grants under this section.''. (b) Central Collection Points.--Title II of the Healthy Forests Restoration Act of 2003 is amended by adding at the end the following new section: ``SEC. 204. ESTABLISHMENT OF CENTRAL COLLECTION POINTS. ``(a) Establishment.--To the maximum extent practicable and consistent with relevant land management plans, the Secretary shall establish one or more collection point for the placement of vegetative material removed from Federal or other lands as part of hazardous fuel reduction projects under title I. No collection point shall be established on any lands not owned by the United States without the consent of the owner of such lands. ``(b) Use.--Vegetative material placed at a collection point established under this section may be sold, donated, or otherwise made available to any party who will remove the material from the collection point. ``(c) Definition.--In this section, the term ``Secretary'' means-- ``(1) the Secretary of Agriculture with respect to lands managed by the Forest Service; and ``(2) the Secretary of the Interior with respect to lands managed by any agency of the Department of the Interior.''. SEC. 7. COOPERATION WITH CERTAIN PRIVATE LANDOWNERS. Title I of the Healthy Forests Restoration Act of 2003 is amended by inserting after section 107, as added by section 3(d), the following new section: ``SEC. 108. COOPERATION WITH CERTAIN PRIVATE LANDOWNERS. ``(a) Use of Private Landowners.--The Secretary may award stewardship contracts to or enter into agreements with owners of lands contiguous to Federal lands managed by the Secretary under which the landowners may carry out a fuel-reduction project or other activities on the contiguous Federal lands in order to reduce the extent to which the Federal lands or other lands could be affected by wildfires. The agreement shall include such terms and conditions as the Secretary considers appropriate with regard to activities to be performed on the Federal lands. ``(b) Reimbursement.--A stewardship contract or other agreement under this section may provide for reimbursement by the Secretary for costs incurred by the landowner related to the fuel-reduction project or other activities on the Federal lands. If reimbursement is not provided, the cost incurred by the landowner shall be treated as a donation to the United States for purposes of the Internal Revenue Code of 1986.''. SEC. 8. PARTIAL EXCLUSION FROM GROSS INCOME OF PAYMENTS RECEIVED AS COMPENSATION FOR SILVICULTURAL ACTIVITIES IN RESPONSE TO INSECT-INFESTATION EMERGENCIES. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 139A the following new section: ``SEC. 139B. COMPENSATION FOR SILVICULTURAL ACTIVITIES IN RESPONSE TO INSECT-INFESTATION EMERGENCIES. ``(a) General Rule.--Gross income shall not include any qualified silvicultural payments. ``(b) Dollar Limitation.--The aggregate of the payments which may be taken into account under subsection (a) with respect to a taxpayer for a taxable year shall not exceed $10,000 ($20,000 in the case of a joint return). ``(c) Qualified Silvicultural Payments.--For purposes of this section-- ``(1) In general.--The term `qualified silvicultural payment' means any amount received by the taxpayer during the taxable year as compensation for work performed in the Rocky Mountain region as part of-- ``(A) an authorized hazardous fuels reduction project conducted pursuant to section 102 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512) in an insect-emergency area, or ``(B) a silvicultural assessment or other treatment conducted under section 404 of such Act (16 U.S.C. 6554) in an insect-emergency area. ``(2) Definitions.--The terms `authorized hazardous fuels reduction project', `insect-emergency area', and `Rocky Mountain region' have the meanings given those terms in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139A the following new item: ``Sec. 139B. Compensation for silvicultural activities in response to beetle emergencies.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005.

Rocky Mountain Forest Insects Response Enhancement and Support Act or the Rocky Mountain FIRES Act - Amends the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture or the Secretary of the Interior (the Secretary) to allocate not less than 70% of the funds allocated for authorized hazardous fuel reduction projects in the Rocky Mountain region for: (1) projects in the wildland-urban interface; and (2) lands that are in proximity to a municipal water supply system or a stream feeding such a system within a municipal watershed and that have been identified for such projects in community wildfire protection plans. Authorizes the Secretary to designate insect-emergency areas. Authorizes the Secretary of Agriculture to make grants to at-risk communities in the Rocky Mountain region to assist such communities to prepare or revise a community wildfire protection plan. Requires the Secretary to establish at least one collection point for the placement of vegetative material removed from federal or other lands as part of hazardous fuel reduction projects. Authorizes the Secretary to award stewardship contracts to, or enter in agreements with, owners of lands contiguous to federal lands managed by the Secretary under which the landowners may carry out a fuel-reduction project or other activities on the contiguous federal lands in order to reduce the extent to which the federal lands or other lands could be affected by wildfires.

To amend the Healthy Forests Restoration Act of 2003 to help reduce the increased risk of severe wildfires to communities in forested areas affected by infestations of bark beetles and other insects, and for other purposes.

SECTION 1. CREDIT FOR NEW NEIGHBORHOOD ELECTRIC VEHICLES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30D. NEW NEIGHBORHOOD ELECTRIC VEHICLES. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year the amount paid or incurred for each new neighborhood electric vehicle placed in service by the taxpayer during the taxable year. ``(b) Dollar Limitation.--The amount allowed as a credit under subsection (a) shall not exceed the lesser of-- ``(1) $1,000, and ``(2) the amount paid or incurred by the taxpayer for such new neighborhood electric vehicle. ``(c) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.-- ``(A) In general.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(B) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall not exceed the excess of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under subpart A (other than this section) and section 27, 30, 30B, and 30C for the taxable year. ``(d) New Neighborhood Electric Vehicle.--For purposes of this section, the term `neighborhood electric vehicle' means a vehicle-- ``(1) which draws propulsion energy solely from onboard sources of a rechargeable energy storage system, ``(2) which is classified as a low-speed vehicle subject to the requirements of Federal Motor Vehicle Safety Standard No. 500 (as promulgated by the National Highway Traffic Safety Administration in section 571.500 of title 49, Code of Federal Regulations) and which has-- ``(A) 4 wheels, ``(B) a top attainable speed in 1 mile of more than 20 mph and not more than 35 mph on a paved level surface, and ``(C) a gross vehicle weight rating of less than 2,500 pounds, ``(3) the original use of which commences with the taxpayer, ``(4) which is acquired for use or lease by the taxpayer and not for resale, and ``(5) which is made by a manufacturer in the United States. ``(e) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (b)). ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(3) Property used outside united states, etc., not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Election not to take credit.--No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle. ``(f) Termination.--This section shall not apply to property purchased after December 31, 2013.''. (b) Credit Made Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the portion of the new neighborhood electric vehicle credit to which section 30D(c)(1) applies.''. (c) Conforming Amendments.-- (1) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, and'', and by adding at the end the following new paragraph: ``(37) to the extent provided in section 30D(e)(1).''. (2) Section 6501(m) of such Code is amended by inserting ``30D(e)(4),'' after ``30C(e)(5),''. (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30D. New neighborhood electric vehicles.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008.

Amends the Internal Revenue Code to allow a tax credit for the purchase of a new neighborhood electric vehicle. Limits the amount of such credit to the lesser of $1,000 or the amount paid for such vehicle. Defines "new neighborhood electric vehicle" as a U.S. manufactured vehicle which: (1) draws propulsion energy solely from onboard sources of a rechargeable energy storage system; (2) is classified by the National Highway Traffic Safety Administration (NHTSA) as a low-speed vehicle; (3) has four wheels; (4) has a top attainable speed in one mile of more than 20 mph and not more than 35 mph on a paved level surface; and (5) has a gross vehicle weight rating of less than 2,500 pounds. Terminates such credit after 2013.

To amend the Internal Revenue Code of 1986 to provide a credit for the purchase of new neighborhood electric vehicles.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Global Access Policy Act of 2016'' or the ``Digital GAP Act''. SEC. 2. PURPOSE. The purpose of this Act is to encourage the efforts of developing countries to improve mobile and fixed access to the Internet in order to spur economic growth and job creation, improve health, education, and financial services, reduce poverty and gender inequality, mitigate disasters, promote democracy and good governance, strengthen cybersecurity, and update the Department of State's structure to address cyberspace policy. SEC. 3. FINDINGS. Congress finds the following: (1) Since 2005, the number of Internet users has more than tripled from 1 billion to 3.2 billion. (2) 4.2 billion people, 60 percent of the world's population, remain offline and the growth rate of Internet access is slowing. An estimated 75 percent of the offline population lives in just 20 countries and is largely rural, female, elderly, illiterate, and low-income. (3) Studies suggest that across the developing world, women are nearly 50 percent less likely to access the Internet than men living within the same communities, and that this digital gender divide carries with it a great economic cost. According to a study, ``Women and the Web'', bringing an additional 600 million women online would contribute $13 billion-$18 billion to annual GDP across 144 developing countries. (4) Without increased Internet access, the developing world risks falling behind. (5) Internet access in developing countries is hampered by a lack of infrastructure and a poor regulatory environment for investment. (6) Build-once policies and approaches are policies or practices that minimize the number and scale of excavation and construction activities when installing telecommunications infrastructure in rights-of-way, thereby lowering the installation costs for high-speed Internet networks and serve as a development best practice. SEC. 4. STATEMENT OF POLICY. Congress declares that it is the policy of the United States to partner, consult, and coordinate with the governments of foreign countries, international organizations, regional economic communities, businesses, civil society, and other stakeholders in a concerted effort to-- (1) promote first-time Internet access to mobile or broadband Internet for at least 1.5 billion people in developing countries by 2020 in both urban and rural areas; (2) promote Internet deployment and related coordination, capacity building, and build-once policies and approaches in developing countries, including actions to encourage-- (A) a build-once approach by standardizing the inclusion of broadband conduit pipes which house fiber optic communications cable that support broadband or wireless facilities for broadband service as part of rights-of-way projects, including sewers, power transmission facilities, rail, pipelines, bridges, tunnels, and roads, that are funded, co-funded, or partially financed by the United States or any international organization that includes the United States as a member, in consultation with telecommunications providers, unless a cost-benefit analysis determines that the cost of such approach outweighs the benefits; (B) national and local government agencies of developing countries and donor governments and organizations to coordinate road building, pipe laying, and major infrastructure with the private sector so that, for example, fiber optic cable could be laid below roads at the time such roads are built; and (C) international organizations to increase their financial support, including grants and loans, and technical assistance to expand information and communications access and Internet connectivity; (3) promote policy changes that encourage first-time affordable access to the Internet in developing countries, including actions to encourage-- (A) integration of universal and gender-equitable Internet access goals, to be informed by the collection of related gender disaggregated data, and Internet tools into national development plans and United States Government country-level strategies; (B) reforms of competition laws and spectrum allocation processes that may impede the ability of companies to provide Internet services; and (C) efforts to improve procurement processes to help attract and incentivize investment in Internet infrastructure; (4) promote the removal of tax and regulatory barriers to Internet access; (5) promote the use of the Internet to increase economic growth and trade, including-- (A) policies and strategies to remove restrictions to e-commerce, cross-border information flows, and competitive marketplaces; and (B) entrepreneurship and distance learning enabled by access to technology; (6) promote the use of the Internet to bolster democracy, government accountability, transparency, and human rights, including-- (A) policies, initiatives, and investments, including the development of national Internet plans, that are consistent with United States human rights goals, including freedom of expression, religion, and association; (B) policies and initiatives aimed at promoting the multistakeholder model of Internet governance; and (C) policies and support programs, research, and technologies that safeguard human rights and fundamental freedoms online, and enable political organizing and activism, free speech, and religious expression that are in compliance with international human rights standards; (7) promote Internet access and inclusion into Internet policymaking for women, people with disabilities, minorities, low-income and marginalized groups, and underserved populations; and (8) promote cybersecurity and data protection, including international use of the National Institute of Standards and Technology (NIST) Framework for Improving Critical Infrastructure Cybersecurity that are industry-led, globally recognized cybersecurity standards and best practices. SEC. 5. DEPARTMENT OF STATE ORGANIZATION. (a) Sense of Congress.--It is the sense of Congress that the Secretary of State should redesignate an existing Assistant Secretary position to be the Assistant Secretary for Cyberspace to lead the Department of State's diplomatic cyberspace policy generally, including for cybersecurity, Internet access, Internet freedom, and to promote an open, secure, and reliable information and communications technology infrastructure. (b) Activities.--In recognition of the added value of technical knowledge and expertise in the policymaking and diplomatic channels, the Secretary of State should-- (1) update existing training programs relevant to policy discussions; and (2) promote the recruitment of candidates with technical expertise into the Civil Service and the Foreign Service. (c) Offset.--To offset any costs incurred by the Department of State to carry out the designation of an Assistant Secretary for Cyberspace in accordance with subsection (a), the Secretary of State shall eliminate such positions within the Department of State, unless otherwise authorized or required by law, as the Secretary determines to be necessary to fully offset such costs. (d) Rule of Construction.--The redesignation of the Assistant Secretary position described in subsection (a) may not be construed as increasing the number of Assistant Secretary positions at the Department of State above the current level of 24 as authorized in section 1(c)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)). SEC. 6. USAID. It is the sense of Congress that the Administrator of the United States Agency for International Development should-- (1) integrate efforts to expand Internet access, develop appropriate technologies, and enhance digital literacy into the education, development, and economic growth programs of the agency, where appropriate; (2) expand the utilization of information and communications technologies in humanitarian aid and disaster relief responses and United States operations involving stabilization and security to improve donor coordination, reduce duplication and waste, capture and share lessons learned, and augment disaster preparedness and risk mitigation strategies; and (3) establish and promote guidelines for the protection of personal information of individuals served by humanitarian, disaster, and development programs directly through the United States Government, through contracts funded by the United States Government and by international organizations. SEC. 7. PEACE CORPS. Section 3 of the Peace Corps Act (22 U.S.C. 2502) is amended by-- (1) redesignating subsection (h) as subsection (e); and (2) by adding at the end the following new subsections: ``(f) It is the sense of Congress that access to technology can transform agriculture, community economic development, education, environment, health, and youth development which are the sectors in which Peace Corps currently develops positions for Volunteers. ``(g) In giving attention to the programs, projects, training, and other activities referred to in subsection (f), the Peace Corps should develop positions for Volunteers that are focused on leveraging technology for development, education, and social and economic mobility.''. SEC. 8. LEVERAGING INTERNATIONAL SUPPORT. In pursuing the policy described in section 4, the President should direct United States representatives to appropriate international bodies to use the influence of the United States, consistent with the broad development goals of the United States, to advocate that each such body-- (1) commit to increase efforts to promote gender-equitable Internet access, in partnership with stakeholders and consistent with host countries' absorptive capacity; (2) enhance coordination with stakeholders in increasing affordable and gender-equitable access to the Internet; (3) integrate gender-equitable affordable Internet access into existing economic and business assessments, evaluations, and indexes such as the Millennium Challenge Corporation constraints analysis, the Doing Business Report, International Monetary Fund Article IV assessments and country reports, the Open Data Barometer, and the Affordability Drivers Index; (4) standardize inclusion of broadband conduit--fiber optic cables that support broadband or wireless facilities for broadband service--as part of highway or highway-comparable construction projects in developing countries, in consultation with telecommunications providers, unless such inclusion would create an undue burden, is not necessary based on the availability of existing broadband infrastructure, or a cost- benefit analysis determines that the cost outweighs the benefits; (5) provide technical assistance to the regulatory authorities in developing countries to remove unnecessary barriers to investment in otherwise commercially viable projects and strengthen weak regulations or develop new ones to support market growth and development; (6) utilize clear, accountable, and metric-based targets, including targets with gender-disaggregated metrics, to measure the effectiveness of efforts to promote Internet access; and (7) promote and protect human rights online, such as the freedoms of speech, assembly, association, religion, and belief, through resolutions, public statements, projects, and initiatives, and advocating that other member states of such bodies are held accountable when major violations are uncovered. SEC. 9. PARTNERSHIP FRAMEWORK. Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate plans to promote partnerships by United States development agencies, including the United States Agency for International Development and the Millennium Challenge Corporation, as well as international agencies funded by the United States Government for partnership with stakeholders, that contain the following elements: (1) Methods for stakeholders to partner with such agencies in order to provide Internet access or Internet infrastructure in developing countries. (2) Methods of outreach to stakeholders to explore partnership opportunities for expanding Internet access or Internet infrastructure, including coordination with the private sector, when financing roads and telecommunications infrastructure. (3) Methods for early consultation with stakeholders concerning projects in telecommunications and road construction to provide Internet access or Internet infrastructure. SEC. 10. REPORTING REQUIREMENT ON IMPLEMENTATION EFFORTS. Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on efforts to implement the policy specified in section 4 and a discussion of the plans and existing efforts by the United States Government in developing countries to accomplish the following: (1) Develop a technical and regulatory road map for promoting Internet access in developing countries and a path to implementing such road map. (2) Identify the regulatory barriers that may unduly impede Internet access, including regulation of wireline broadband deployment or the infrastructure to augment wireless broadband deployment. (3) Strengthen and support development of regulations that incentivize market growth and sector development. (4) Encourage further public and private investment in Internet infrastructure, including broadband networks and services. (5) Increase gender-equitable Internet access and otherwise encourage or support Internet deployment, competition, and adoption. (6) Improve the affordability of Internet access. (7) Promote technology and cybersecurity capacity building efforts and consult technical experts for advice regarding options to accelerate the advancement of Internet deployment, adoption, and usage. (8) Promote Internet freedom globally and include civil society and the private sector in the formulation of policies, projects, and advocacy efforts to protect human rights online. (9) Promote and strengthen the multistakeholder model of Internet governance and actively participate in multistakeholder international fora, such as the Internet Governance Forum. SEC. 11. CYBERSPACE STRATEGY. The President should include in the next White House Cyberspace Strategy information relating to the following: (1) Methods to promote Internet access in developing countries. (2) Methods to globally promote cybersecurity policy consistent with the National Institute of Standards and Technology (NIST) Framework for Improving Critical Infrastructure Cybersecurity. (3) Methods to promote global Internet freedom principles, such as the freedoms of expression, assembly, association, and religion, while combating efforts to impose restrictions on such freedoms. SEC. 12. DEFINITION. In this Act-- (1) Build once policies and approaches.--The term ``build once policies and approaches'' means policies or practices that minimize the number and scale of excavation and construction activities when installing telecommunications infrastructure in rights-of-way. (2) Cyberspace.--The term ``cyberspace'' means the interdependent network of information technology infrastructures, and includes the Internet, telecommunications networks, computer systems, and embedded processors and controllers in critical industries, and includes the virtual environment of information and interactions between people. (3) Stakeholders.--The term ``stakeholders'' means the private sector, the public sector, cooperatives, civil society, the technical community that develops Internet technologies, standards, implementation, operations, and applications, and other groups that are working to increase Internet access or are impacted by the lack of Internet access in their communities. Passed the House of Representatives September 7, 2016. Attest: KAREN L. HAAS, Clerk.

Digital Global Access Policy Act of 2016 or the Digital GAP Act (Sec. 4) This bill declares that it is U.S. policy to coordinate with foreign governments, international organizations, regional economic communities, businesses, and civil society to promote in developing countries: first-time, affordable Internet access; Internet deployment and capacity building; removal of tax and regulatory barriers to Internet access; Internet use to increase economic growth and tradeand to bolster democracy, government accountability, transparency, and human rights; Internet access, and inclusion into Internet policy making, for women, people with disabilities, minorities, low-income and marginalized groups, and underserved populations; and cybersecurity and data protection. (Sec. 5) The bill expresses the sense of Congress that the State Department should: (1) redesignate an existing Assistant Secretary position to be the Assistant Secretary for Cyberspace to lead its diplomatic cyberspace policy, and (2) promote the recruitment of candidates with technical expertise into the Civil Service and the Foreign Service. The redesignation of the Assistant Secretary position may not be construed as increasing the number of State Department Assistant Secretary positions above the current level of 24. (Sec. 6) The bill expresses the sense of Congress that the U.S. Agency for International Development should: (1) integrate efforts to expand Internet access, develop appropriate technologies, and enhance digital literacy into its education, development, and economic growth programs; (2) expand the utilization of information and communications technologies in humanitarian aid and disaster relief responses; and (3) establish and promote guidelines for the protection of personal information of individuals served by humanitarian, disaster, and development programs. (Sec. 7) The Peace Corps Act is amended to express the sense of Congress that technology access can transform agriculture, community economic development, education, environment, health, and youth development, which are the sectors in which Peace Corps currently develops volunteer positions. (Sec. 8) The President is urged to use U.S. influence at international bodies to advocate for: increased efforts to promote affordable and gender-equitable Internet access, integrating gender-equitable affordable Internet access into existing economic and business assessments and indexes, standardized inclusion of broadband conduit--fiber optic cables that support broadband or wireless facilities for broadband service, providing technical assistance to regulatory authorities in developing countries to remove unnecessary barriers to investment and strengthen market growth and development, and protection of human rights online. (Sec. 9) The President shall transmit to Congress within 180 days plans to promote U.S. and U.S.-funded agency partnerships with the private and public sectors to provide Internet access or infrastructure in developing countries. (Sec. 10) The President shall report to Congress within 180 days on efforts to implement the Internet access policy under this bill. (Sec. 11) The President is urged to include in the next White House Cyberspace Strategy information about methods to promote: (1) Internet access in developing countries, (2) cybersecurity policy consistent with the National Institute of Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity, and (3) global Internet freedom principles. (Sec. 12) The bill defines "cyberspace" as the interdependent network of information technology infrastructures, including the Internet, telecommunications networks, computer systems, embedded processors and controllers in critical industries, and the virtual environment of information and interactions between people.

Digital GAP Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mechanical Insulation Installation Incentive Act of 2010''. SEC. 2. EXPENSING OF MECHANICAL INSULATION PROPERTY. (a) In General.--Part VI of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179E the following new section: ``SEC. 179F. MECHANICAL INSULATION PROPERTY. ``(a) Treatment as Expenses.--In addition to any other deduction in this subtitle, there shall be allowed as a deduction an amount equal to the applicable percentage of the cost of mechanical insulation property placed in service during the taxable year. ``(b) Applicable Percentage.--For purposes of subsection (a)-- ``(1) In general.--The term `applicable percentage' means the lesser of-- ``(A) 30 percent, and ``(B) the reduction in energy loss (expressed as a percentage) from the installed mechanical insulation property compared to reference mechanical insulation property which meets the minimum requirements of ASHRAE standard 90.1-2007. ``(2) Special rule relating to maintenance.--In the case of mechanical insulation property placed in service as a replacement for insulation property-- ``(A) paragraph (1)(B) shall not apply, and ``(B) the cost of such property shall be treated as an expense for which a deduction is allowed under section 162 instead of being treated as depreciable for purposes of the deduction provided by section 167. ``(c) Definitions.--For purposes of this section-- ``(1) Mechanical insulation property.--The term `mechanical insulation property' means insulation materials, facings, and accessory products-- ``(A) placed in service in connection with a mechanical system which-- ``(i) is located in the United States, and ``(ii) is of a character subject to an allowance for depreciation, and ``(B) utilized for thermal requirements for mechanical piping and equipment, hot and cold applications, and heating, venting and air conditioning applications which can be used in a variety of facilities. ``(2) Cost.--The cost of mechanical insulation property includes-- ``(A) the amounts paid or incurred for the installation of such property for that incremental portion above the minimums in ASHRAE standard 90.1-2007 and the total insulation cost for maintenance applications, ``(B) in the case of removal and disposal of the old mechanical insulation property, 10 percent of the cost of the new mechanical insulation property (determined without regard to this subparagraph), and ``(C) expenditures for labor costs properly allocable to the preparation, assembly, and installation of mechanical insulation property. ``(d) Coordination.--Subsection (a) shall not apply to the cost of mechanical insulation property which is taken into account under section 179D or which, but for subsection (b) of section 179D, would be taken into account under such section. ``(e) Allocation of Deduction for Tax-Exempt Property.--In the case of mechanical insulation property installed on or in property owned by an entity described in paragraph (3) or (4) of section 50(b), the person who is the primary contractor for the installation of such property shall be treated as the taxpayer that placed such property in service. ``(f) Certification.--For purposes of this section, energy savings shall be certified under regulations or other guidance provided by the Secretary, in consultation with the Secretary of Energy. ``(g) Termination.--This section shall not apply to any property placed in service after the end of the 5-year period beginning on the date of the enactment of this section.''. (b) Deduction for Capital Expenditures.--Section 263(a)(1) of such Code (relating to capital expenditures) is amended by striking ``or'' at the end of subparagraph (K), by striking the period at the end of paragraph (L) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(M) expenditures for which a deduction is allowed under section 179F.''. (c) Technical and Clerical Amendments.-- (1) Section 312(k)(3)(B) of such Code is amended by striking ``or 179E'' each place it appears in the text or heading thereof and inserting ``179E, or 179F''. (2) Paragraphs (2)(C) and (3)(C) of section 1245(a) of such Code are each amended by inserting ``179F,'' after ``179E,''. (3) The table of sections for part VI of subchapter B of chapter 1 of subtitle A of such Code is amended by inserting after the item relating to section 179E the following new item: ``Sec. 179F. Mechanical insulation property.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of enactment of this Act.

Mechanical Insulation Installation Incentive Act of 2010 - Amends the Internal Revenue Code to allow an additional tax deduction for the cost of installing mechanical insulation property. Limits the amount of such deduction to the lesser of 30% and the reduction in energy loss from the installed mechanical insulation property compared to property which meets the minimum requirements of American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) standard 90.1-2007. Allows a deduction for 30% of the cost of replacing such property. Defines "mechanical insulation property" as insulation materials, facings, and accessory products: (1) placed in service in connection with a mechanical system which is located in the United States and of a character subject to an allowance for depreciation; and (2) utilized for thermal, acoustical, and personnel safety requirements for mechanical piping and equipment, hot and cold applications, and heating, venting and air conditioning applications which can be used in a variety of facilities. Allows a tax deduction for capital expenditures related to mechanical insulation property.

A bill to amend the Internal Revenue Code of 1986 to provide a tax incentive for the installation and maintenance of mechanical insulation property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vieques Bioluminescent Bay Conservation Act of 2008''. SEC. 2. FINDINGS. The Congress finds the following: (1) The island of Vieques, Puerto Rico, is known for the natural beauty of its coastal features such as beaches, lagoons, and bioluminescent bays. (2) Such bioluminescence is the result of the production and emission of light by a chemical reaction within a living organism, the dinoflagellate Pyrodinium bahamense, when it is agitated. (3) Puerto Mosquito Bay in Vieques is of national and international significance because it is among the brightest bioluminescent marine areas in the world. (4) The unique biological and physical properties of Puerto Mosquito Bay, such as its rate of water exchange with the ocean, water quality, and adjacent mangroves, contribute to a high density of the bioluminescent dinoflagellate Pyrodinium bahamense in its waters. (5) Puerto Mosquito Bay is of great ecological, cultural, scientific, educational, and economic value to present and future generations. (6) Puerto Mosquito Bay is of particular value to the residents of Puerto Rico because its nearly unparalleled bioluminescence creates a sense of local pride, wonder, and enjoyment, and attracts visitors who support the local economy. (7) Puerto Mosquito Bay's ecosystem is fragile and its ecological integrity is subject to damage or loss from a variety of potential disturbances. (8) The popularity of Puerto Mosquito Bay is a potential threat because of increasing visitation and related impacts. (9) The unique characteristics of Puerto Mosquito Bay also make it vulnerable to physical, biological, and other disturbances as in other documented cases where bioluminescent bays have been degraded. (10) Action is needed to provide comprehensive protection that would complement current Federal and local management activities. (11) The agencies of the United States need to cooperate fully to achieve the necessary protection of both terrestrial areas adjacent to and marine resources within Puerto Mosquito Bay. (12) The Federal Government and the Government of Puerto Rico should jointly develop and implement a comprehensive program to protect nearby terrestrial and marine areas to maintain water quality and other environmental characteristics that contribute to the unique nature of Puerto Mosquito Bay. (13) Designation of Puerto Mosquito Bay as a United Nations Educational, Scientific, and Cultural Organization Biosphere Reserve would complement designation as a National Marine Sanctuary by enhancing research, management, and education through international communication and cooperation. SEC. 3. POLICY AND PURPOSES. (a) Policy.--It is the policy of the United States to protect and preserve the natural resources of Puerto Mosquito Bay, Puerto Rico, with special consideration for the bioluminescent organisms that make this area unique. (b) Purposes.--The purposes of this Act are-- (1) to protect the resources of the area of Puerto Mosquito Bay, Puerto Rico, described in section 4(b); (2) to educate and interpret for the public the unique elements of the Puerto Mosquito Bay environment; (3) to utilize the best available science to monitor and manage the sanctuary to ensure its survival; and (4) to manage human uses of the Puerto Mosquito Bay National Marine Sanctuary designated by section 4(a) consistent with this Act. SEC. 4. SANCTUARY DESIGNATION. (a) Designation.--The area described in subsection (b) is designated as the Puerto Mosquito Bay National Marine Sanctuary under title III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.) (in this Act referred to as the ``Sanctuary''). (b) Areas Included.--Except as provided in subsections (c) and (d), the Sanctuary consists of the submerged lands and waters of Puerto Mosquito Bay landward of the point where the bay meets the ocean. (c) Effect of Objection by Governor.-- (1) Objection to designation.--If within 45 days after the date of the enactment of this title the Governor of Puerto Rico certifies to the Secretary of Commerce that the designation under subsection (a) of any area of the Sanctuary is unacceptable, the designation shall not take effect in that area. (2) Objection to management plan or regulations.--If within 45 days after the date of issuance of the comprehensive management plan and implementing regulations under section 5 the Governor of Puerto Rico certifies to the Secretary that the management plan, any implementing regulation, or any term of the plan or regulations is unacceptable, the management plan, regulation, or term, respectively, shall not take effect. (3) Termination of designation.--If the Secretary considers that an action taken under paragraph (1) or (2) by the Governor of Puerto Rico will affect the Sanctuary in a manner that the policy and purposes of this Act cannot be fulfilled, the Secretary may terminate the entire designation under subsection (a). At least 30 days prior to such termination, the Secretary shall submit written notification of the proposed termination to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives. (d) Boundary Modifications.--No later than the date of issuance of the draft environmental impact statement for the Sanctuary under section 304(a)(1)(C)(vii) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(a)(1)(C)(vii)), the Secretary, in consultation with the Governor of Puerto Rico, if appropriate, may make modifications to the boundaries of the Sanctuary as necessary to fulfill the purposes of this Act. The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives written notification of such modifications. SEC. 5. COMPREHENSIVE MANAGEMENT PLAN. (a) Preparation of Plan.--Not later than 18 months after the date of enactment of this Act, the Secretary of Commerce, in consultation with interested persons and appropriate Federal, Puerto Rico, and local government authorities, shall issue a comprehensive management plan and implementing regulations to achieve the policy and purposes of this Act. In developing the plan and regulations, the Secretary of Commerce shall follow the procedures specified in sections 303 and 304 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1433 and 1434). Such comprehensive management plan shall-- (1) facilitate all public and private uses of the Sanctuary consistent with the primary objective of Sanctuary resource protection; (2) set forth the allocation of Federal and State enforcement responsibilities, as jointly agreed by the Secretary and the Governor of Puerto Rico; (3) identify needs for research and establish a long-term ecological monitoring program; (4) identify potential threats to the Sanctuary from lands surrounding Puerto Mosquito Bay and from marine areas outside the mouth of the Bay; (5) identify alternative sources of funding needed to fully implement the plan's provisions and supplement appropriations made available under this Act and section 313 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1444); (6) ensure coordination and cooperation between Sanctuary managers and other Federal, Puerto Rico, and local authorities with jurisdiction within or adjacent to the Sanctuary; and (7) promote education, among users of the Sanctuary, about mangrove conservation and water quality concerns. (b) Public Participation.--The Secretary of Commerce shall provide for participation by the general public in the development of the comprehensive management plan.

Vieques Bioluminescent Bay Conservation Act of 2008 - Designates certain submerged lands and waters of Puerto Mosquito Bay, Puerto Rico, as the Puerto Mosquito Bay National Marine Sanctuary under specified provisions of the Marine Protection, Research, and Sanctuaries Act of 1972. Gives the governor of Puerto Rico veto power over the designation of any part of that area and over the related management plan and regulations. Directs the Secretary of Commerce to issue a comprehensive management plan and implementing regulations.

To designate Puerto Mosquito Bay National Marine Sanctuary in Puerto Rico, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northwest Territory of the Great Lakes National Heritage Area Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The region which includes Illinois, Indiana, Michigan, and Ohio was once known as the Northwest Territory. It was the first frontier region of the new United States of America. Some of the indigenous peoples of the area were the Delaware, Kikapoo, Miami, Ottawa, Piankeshaw, Potowatami, Shawnee, Wea, and Wyandotte Indians. (2) The distinctive landscape of this area was largely defined by-- (A) the Ordinance of 1785, which established a system of transferring land ownership from the Indians to the United States Government and then to private owners, and created the system of land surveyance and township and county plats which remains today; (B) the Northwest Ordinance of 1787, which established a process through which self-government in this first frontier of the newly organized United States could be established; and (C) the Treaty of Greeneville of 1795, which signaled the end of Indian resistance in the region. (3) The local environmental and topographical landscape of the area was largely defined in commercial and strategic terms by-- (A) the area river systems, including but not limited to-- (i) the Fox River, the Illinois River, and the Kankakee River, in the State of Illinois; (ii) the Eel River, the Elkhart River, the Kankakee River, the Maumee River, the St. Joseph River, the St. Mary's River, and the Wabash River in the State of Indiana; (iii) the Detroit River, the St. Mary's River, and the St. Joseph River in the State of Michigan; and (iv) the Great Miami River, the Maumee River, and the St. Mary's River in the State of Ohio; (B) the Great Lakes; (C) the River Portage Trails, including but not limited to-- (i) the 3 mile portage from the St. Joseph River to the Little Wabash River in Fort Wayne, which was the only separation in the waterway from the upper Great Lakes to the Gulf of Mexico; and (ii) from the Great Miami River to the St. Mary's and Wabash Rivers in Ohio; (D) the 13 forts which developed in the region, including but not limited to-- (i) Fort Dearborn, in Chicago, Illinois; (ii) Fort Wayne, in Fort Wayne, Indiana; (iii) Fort Mackinac on Mackinac Island, Michigan; and (iv) Fort Defiance, in Defiance, Ohio; and (E) the settlements, including Native American villages, early trading posts, and territorial capitals that developed in the region. (4) The military history of the region includes, but is not limited to-- (A) LaBalme's Defeat in 1780; (B) the defeat of General Harmar in 1790; (C) the defeat of General St. Clair in 1791; (D) the United States victory by General ``Mad'' Anthony Wayne at the Battle of Fallen Timbers in 1794; and (E) the Battle of Lake Erie in 1832. (5) The confederacy of Indian Nations was organized by Tecumseh and ``The Prophet'' to stop American advancement. General William Henry Harrison defeated The Prophet at the Battle of Tippecanoe in 1811. This was the last major battle east of the Mississippi River with Indian Nations and led to the famous slogan ``Tippecanoe and Tyler too'', which propelled Harrison to the Presidency of the United States. (6) The War of 1812, during which the region might have been lost to Canada without Commodore Perry's victory at Put- in-Bay on Lake Erie. (7) The rush of settlers to the region after the War of 1812 led to additional treaties and conflict with the Native Americans. Most Indians were removed in a series of events culminating with the so-called ``Black Hawk Wars'', which ended in 1833. (b) Purposes.--The purposes of this Act include the conservation, interpretation, and development of the historical, cultural, natural, and recreational resources related to the region historically referred to as the Northwest Territory of the Great Lakes during the period from 1785 to 1835. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the term ``Authority'' means the Northwest Territory of the Great Lakes National Heritage Area Authority; (2) the term ``Heritage Area'' means the Northwest Territory of the Great Lakes National Heritage Area established in section 4; and (3) the term ``Plan'' means the management plan required to be developed for the Heritage Area pursuant to section 5(e)(1)(G). SEC. 4. THE NORTHWEST TERRITORY OF THE GREAT LAKES NATIONAL HERITAGE AREA. (a) Establishment.--There is hereby established the Northwest Territory of the Great Lakes National Heritage Area. (b) Boundaries.--The Heritage Area shall be comprised of historically significant areas, as defined by the Authority, within Illinois, Indiana, Michigan, and Ohio (as defined by the Northwest Ordinance of 1787), such as the following historically significant locations: (1) Fort Dearborn and Fort Clark in the State of Illinois. (2) In Indiana-- (A) Anthony Wayne, Chief Little Turtle, and Chief Richardville sites (Fort Wayne); (B) The Historic Forks of the Wabash Park and Chief LaFontaine Home (Huntington); (C) Kokomo Village (Kokomo); (D) Deaf Man's Village (Peru); (E) Munsee Town (Muncie); (F) Chief Menominee Monument (Plymouth); (G) Historic Vincennes (Vincennes); (H) Prophetstown (Lafayette); and (I) Historic Corydon (Corydon). (3) In Michigan-- (A) Fort Michilimackinac (Mackinaw City); and (B) Fort Mackinac (Mackinac Island). (4) In Ohio-- (A) Fallen Timbers State Memorial (Maumee); (B) Fort Defiance State Memorial (Defiance); (C) Fort Adams/Ft. Amanda State Memorial (Wapakoneta); (D) Fort Recovery State Memorial (Fort Recovery); (E) Fort Greeneville/Treaty of Greeneville Memorial (Greeneville); (F) Fort Jefferson State Memorial (Ft. Jefferson); (G) Fort St. Clair State Memorial (Eaton); (H) Fort Hamilton Monument (Hamilton); (I) Fort Washington (Cincinnati); and (J) Perry's Victory and International Peace Memorial (Put-in-Bay). SEC. 5. MANAGEMENT ENTITY AND DUTIES. (a) In General.--The management entity for the Heritage Area shall be the Northwest Territory of the Great Lakes National Heritage Area Authority. (b) Composition.--The Authority shall be composed of 18 members appointed as follows: (1) 3 members appointed by each of the following: (A) The Governor of Illinois or the Governor's designee. (B) The Governor of Indiana or the Governor's designee. (C) The Governor of Michigan or the Governor's designee. (D) The Governor of Ohio or the Governor's designee. (2) 1 member appointed by each of the following: (A) The Historical Society of the State of Illinois. (B) The Historical Society of the State of Indiana. (C) The Historical Society of the State of Michigan. (D) The Historical Society of the State of Ohio. (3) 2 members appointed by the Secretary of the Interior of the United States or the Secretary's designee. (4) Of the 3 members appointed by each Governor of a State under paragraph (1)-- (A) at least 1 member shall be a member of the governing body of an Indian tribe located within the State, or a designee of such a member; and (B) at least 1 member shall be an elected official of a unit of local government located within the State which has 1 or more historic sites significant to the Heritage Area. (c) Terms.--The term of office shall be 2 years. No member of the Authority shall serve more than 4 terms. (d) Compensation.--Compensation for members of the Authority shall be determined by the Authority as part of the Plan. (e) Duties and Powers.-- (1) Duties.--The Authority shall-- (A) receive funds from various sources for the implementation of this Act; (B) disburse funds in accordance with this Act; (C) make grants to and enter into cooperative agreements with States and their political subdivisions, private organizations, or other individuals or entities as appropriate for the execution of this Act; (D) hire and compensate staff; (E) enter into contracts for goods and services; (F) develop a management plan for the Heritage Area; (G) help ensure the conservation, interpretation, and development of the historical, cultural, natural, and recreational resources related to the region historically referred to as the Northwest Territory of the Great Lakes during the period from 1785 through 1835; (H) foster a close working relationship with all levels of government, the private sector, philanthropic and educational organizations, local communities, and regional metroparks systems through a coalition organization to both conserve the heritage of this region and utilize its resources for tourism and economic development; (I) develop an Internet web site and other marketing programs to further the purposes of this Act; and (J) in accordance with Federal, State, and local laws, erect signs to promote the Heritage Area. (2) Powers.--The Authority may develop visitor centers and interpretive facilities for the Heritage Area. (f) Plan.--The Plan shall-- (1) present recommendations for the Heritage Area's conservation, funding, management, and development, taking into consideration existing State and local plans and the comments of residents, public agencies, and private organizations working in the Heritage Area; (2) not be final until it has been approved by the Governors of Illinois, Indiana, Michigan, and Ohio; (3) include-- (A) an inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the themes of the Heritage Area and that should be preserved, restored, managed, developed, or maintained because of its natural, cultural, historical, or recreational significance; and (B) a program for the implementation of the management plan by the Authority. (g) Specific Prohibitions.--The Authority-- (1) shall not take any action which jeopardizes the sovereignty of the United States; and (2) shall not infringe upon the private property rights of individuals or other property owners. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out 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 Heritage Area. (b) 50 Percent Match.--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.

Declares the Authority the Area's management entity, which shall: (1) develop a management plan; (2) help ensure the conservation, interpretation, and development of the historical, cultural, natural, and recreational resources related to the Northwest Territory of the Great Lakes during the period from 1785 through 1835; and (3) develop an Internet web site and other marketing programs, as well as visitor centers and interpretive facilities. Subjects the plan to approval by the Governors of the States involved. Authorizes appropriations, with a maximum 50 percent Federal match for the total cost of any assistance or grant provided or authorized.

Northwest Territory of the Great Lakes National Heritage Area Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intellectual Property Protection Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) American innovation, and the protection of that innovation by the government, has been a critical component of the economic growth of this Nation throughout the history of the Nation; (2) copyright-based industries represent one of the most valuable economic assets of this country, contributing over 5 percent of the gross domestic product of the United States and creating significant job growth and tax revenues; (3) the American intellectual property sector employs approximately 4,300,000 people, representing over 3 percent of total United States employment; (4) the proliferation of organized criminal counterfeiting enterprises threatens the economic growth of United States copyright industries; (5) in 2001, the United States entertainment software industry lost $1,800,000,000 in revenue, and the business software industry lost $11,000,000,000 worldwide, due to piracy; (6) in 2001, the motion picture industry lost $3,000,000,000 in potential worldwide revenue, the music industry lost $4,300,000,000 worldwide, and the publishing industry lost $636,000,000 worldwide, due to piracy, and these figures do not include losses due to online piracy; (7) the American intellectual property sector has invested millions of dollars to develop highly sophisticated physical authentication features that assist consumers and law enforcement in distinguishing genuine intellectual property products and packaging from counterfeits; (8) in order to thwart these industry efforts, counterfeiters traffic in, and tamper with, genuine physical authentication features, for example, by obtaining genuine physical authentication features through illicit means and then commingling these features with counterfeit software or packaging; (9) Federal law does not provide adequate civil and criminal remedies to combat tampering activities that directly facilitate counterfeiting crimes; and (10) in order to strengthen Federal enforcement against counterfeiting of copyrighted works, Congress must enact legislation that-- (A) prohibits trafficking in, and tampering with, physical authentication features of copyrighted works; and (B) permits aggrieved parties an appropriate civil cause of action. SEC. 3. PROHIBITION AGAINST TRAFFICKING IN ILLICIT PHYSICAL AUTHENTICATION FEATURES. (a) In General.--Section 2318 of title 18, United States Code, is amended-- (1) by striking the heading and inserting ``Trafficking in counterfeit labels, illicit physical authentication features, or counterfeit documentation or packaging''; (2) by striking subsection (a) and inserting the following: ``(a) Whoever, in any of the circumstances described in subsection (c), knowingly traffics in-- ``(1) a counterfeit label affixed to, or designed to be affixed to-- ``(A) a phonorecord; ``(B) a copy of a computer program; ``(C) a copy of a motion picture or other audiovisual work; or ``(D) documentation or packaging; ``(2) an illicit physical authentication feature affixed to or embedded in, or designed to be affixed to or embedded in-- ``(A) a phonorecord; ``(B) a copy of a computer program; ``(C) a copy of a motion picture or other audiovisual work; or ``(D) documentation or packaging; or ``(3) counterfeit documentation or packaging, shall be fined under this title or imprisoned for not more than 5 years, or both.''; (3) in subsection (b)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3)-- (i) by striking ``and `audiovisual work' have'' and inserting the following: ``, `audiovisual work', `sound recording', and `copyright owner' have''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(4) the term `physical authentication feature' means any visually perceptible hologram, watermark, certification, symbol, image, sequence of numbers or letters, or other physical feature that either individually or in combination with another feature is used by the respective copyright owner to verify that a phonorecord, a copy of a computer program, a copy of a motion picture or other audiovisual work, or documentation or packaging is not counterfeit or otherwise infringing of any copyright; ``(5) the term `documentation or packaging' means documentation or packaging for a phonorecord, copy of a computer program, or copy of a motion picture or other audiovisual work; and ``(6) the term `illicit physical authentication feature' means a physical authentication feature, that-- ``(A) is genuine in origin, but, without the authorization of the respective copyright owner, has been tampered with or altered for the purpose of inducing a third party to reproduce or accept distribution of-- ``(i) a phonorecord; ``(ii) a copy of a computer program; ``(iii) a copy of a motion picture or other audiovisual work; or ``(iv) documentation or packaging; where such reproduction or distribution violates the rights of the copyright owner under title 17; ``(B) is genuine, but has been distributed, or is intended for distribution, without the authorization of the respective copyright owner and not in connection with the lawfully made copy or phonorecord to which such physical authentication feature was intended to be affixed or embedded by the respective copyright owner; or ``(C) appears to be genuine, but is not.''; (4) in subsection (c)-- (A) by striking paragraph (3) and inserting the following: ``(3) the counterfeit label or illicit physical authentication feature is affixed to, is embedded in, or encloses, or is designed to be affixed to, to be embedded in, or to enclose-- ``(A) a phonorecord of a copyrighted sound recording; ``(B) a copy of a copyrighted computer program; ``(C) a copy of a copyrighted motion picture or other audiovisual work; or ``(D) copyrighted documentation or packaging; or''; and (B) in paragraph (4), by striking ``for a computer program''; (5) in subsection (d)-- (A) by inserting ``or illicit physical authentication features'' after ``counterfeit labels'' each place it appears; (B) by inserting ``or illicit physical authentication features'' after ``such labels''; and (C) by inserting before the period at the end the following: ``, and of any equipment, device, or materials used to manufacture, reproduce, or assemble the counterfeit labels or illicit physical authentication features''; and (6) by adding at the end the following: ``(f) Civil Remedies for Violation.-- ``(1) In general.--Any copyright owner who is injured by a violation of this section or is threatened with injury, may bring a civil action in an appropriate United States district court. ``(2) Discretion of court.--In any action brought under paragraph (1), the court-- ``(A) may grant 1 or more temporary or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain violations of this section; ``(B) at any time while the action is pending, may order the impounding, on such terms as the court determines to be reasonable, of any article that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in a violation of this section; and ``(C) may award to the injured party-- ``(i) reasonable attorney fees and costs; and ``(ii)(I) actual damages and any additional profits of the violator, as provided by paragraph (3); or ``(II) statutory damages, as provided by paragraph (4). ``(3) Actual damages and profits.-- ``(A) In general.--The injured party is entitled to recover-- ``(i) the actual damages suffered by the injured party as a result of a violation of this section, as provided by subparagraph (B); and ``(ii) any profits of the violator that are attributable to a violation of this section and are not taken into account in computing the actual damages. ``(B) Calculation of damages.--The court shall calculate actual damages by multiplying-- ``(i) the value of the phonorecords or copies to which counterfeit labels, illicit physical authentication features, or counterfeit documentation or packaging were affixed or embedded, or designed to be affixed or embedded; by ``(ii) the number of phonorecords or copies to which counterfeit labels, illicit physical authentication features, or counterfeit documentation or packaging were affixed or embedded, or designed to be affixed or embedded, unless such calculation would underestimate the actual harm suffered by the copyright owner. ``(C) Definition.--For purposes of this paragraph, the term `value of the phonorecord or copy' means-- ``(i) the retail value of an authorized phonorecord of a copyrighted sound recording; ``(ii) the retail value of an authorized copy of a copyrighted computer program; or ``(iii) the retail value of an authorized copy of a copyrighted motion picture or other audiovisual work. ``(4) Statutory damages.--The injured party may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for each violation of this section in a sum of not less than $2,500 or more than $25,000, as the court considers appropriate. ``(5) Subsequent violation.--The court may increase an award of damages under this subsection by 3 times the amount that would otherwise be awarded, as the court considers appropriate, if the court finds that a person has subsequently violated this section within 3 years after a final judgment was entered against that person for a violation of this section. ``(6) Limitation on actions.--A civil action may not be commenced under this section unless it is commenced within 3 years after the date on which the claimant discovers the violation. ``(g) Other Rights Not Affected.--Nothing in this section shall enlarge, diminish, or otherwise affect liability under section 1201 or 1202 of title 17.''. (b) Technical and Conforming Amendment.--The item relating to section 2318 in the table of sections at the beginning of chapter 113 of title 18, United States Code, is amended to read as follows: ``2318. Trafficking in counterfeit labels, illicit authentication features, or counterfeit documentation or packaging.''.

Intellectual Property Protection Act of 2002 - Amends the Federal criminal code to prohibit trafficking in a physical authentication feature that: (1) is genuine but has been tampered with or altered without the authorization of the copyright owner to induce a third party to reproduce or accept distribution of a phono-record, a copy of a computer program, a copy of a motion picture or other audiovisual work, or documentation or packaging, where such reproduction or distribution violates the rights of the copyright owner; (2) is genuine but has been or is intended to be distributed without the authorization of the copyright owner and not in connection with the lawfully made copy or phono-record to which it was intended to be affixed or embedded by the copyright owner; or (3) appears to be genuine but is not.Authorizes an injured copyright owner to bring a civil action in an appropriate U.S. district court. Sets forth remedies for violations.

To prevent and punish counterfeiting and copyright piracy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Blackstone River Valley National Heritage Corridor Amendments Act of -1-9-9-3-'-'-. 1994''. SEC. 2. BOUNDARY CHANGES. Section 2 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 by striking the first sentence and inserting the following new sentence: ``The boundaries shall include the lands and water generally depicted on the map entitled Blackstone River Valley National Heritage Corridor Boundary Map, numbered BRV-80-80,011, and dated May 2, 1993.''. SEC. 3. TERMS. Section 3(c) 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 by inserting immediately before the period at the end the following: ``, but may continue to serve after the expiration of this term until a successor has been appointed.''. SEC. 4. REVISION OF PLAN. Section 6 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 by adding at the end the following new subsection: ``(d) Revision of Plan.--(1) Not later than 1 year after the date of enactment of this subsection, the Commission, with the approval of the Secretary, shall revise the Cultural Heritage and Land Management Plan. The revision shall address the boundary change and shall include a natural resource inventory of areas or features that should be protected, restored, managed, or acquired because of their contribution to the understanding of national cultural landscape values. ``(2) No changes other than minor revisions may be made in the approved plan as amended without the approval of the Secretary. The Secretary shall approve or disapprove any proposed change in the plan, except minor revisions, in accordance with subsection (b).''. SEC. 5. EXTENSION OF COMMISSION. Section 7 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 to read as follows: ``termination of commission ``Sec. 7. (a) Termination.--Except as provided in subsection (b), the Commission shall terminate on the date that is 10 years after the date of enactment of the Blackstone River Valley National Heritage Corridor Amendments Act of -1-9-9-3-. 1994. ``(b) Extension.--The Commission may be extended for -a-d-d-i-t-i-o-n-a-l -t-e-r-m-s -o-f -c-o-n-s-e-c-u-t-i-v-e -1-0-- -y-e-a-r -p-e-r-i-o-d-s an additional term of 10 years if-- ``(1) not later than 180 days before the termination of the Commission, the Commission determines that an extension is necessary to carry out this Act; ``(2) the Commission submits a proposed extension to the appropriate committees of the Senate and the House of Representatives; and ``(3) the Secretary, the Governor of Massachusetts, and the Governor of Rhode Island each approve the extension. ``(c) Determination of Approval.--The Secretary shall approve the extension if the Secretary finds that-- ``(1) the Governor of Massachusetts and the Governor of Rhode Island provide adequate assurances of continued tangible contribution and effective policy support toward achieving the purposes of this Act; and ``(2) the Commission is effectively assisting Federal, State, and local authorities to retain, enhance, and interpret the distinctive character and nationally significant resources of the Corridor.''. SEC. 6. IMPLEMENTATION OF THE PLAN. Subsection (c) of section 8 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 to read as follows: U.S.C. 461 note), as amended, is amended by inserting the following: -`-`-(-c-) -I-m-p-l-e-m-e-n-t-a-t-i-o-n-.----(-1-) -T-o -a-s-s-i-s-t -i-n -t-h-e -i-m-p-l-e-m-e-n-t-a-t-i-o-n -o-f -t-h-e -C-u-l-t-u-r-a-l -H-e-r-i-t-a-g-e -a-n-d -L-a-n-d -M-a-n-a-g-e-m-e-n-t -P-l-a-n -i-n -a -m-a-n-n-e-r -t-h-a-t -i-s -c-o-n-s-i-s-t-e-n-t -w-i-t-h -t-h-e -p-u-r-p-o-s-e-s -o-f -t-h-i-s -A-c-t -a-n-d -f-o-r -t-h-e -p-r-e-s-e-r-v-a-t-i-o-n -a-n-d -r-e-s-t-o-r-a-t-i-o-n -o-f -s-t-r-u-c-t-u-r-e-s -o-n -o-r -e-l-i-g-i-b-l-e -f-o-r -i-n-c-l-u-s-i-o-n -o-n -t-h-e -N-a-t-i-o-n-a-l -R-e-g-i-s-t-e-r -o-f -H-i-s-t-o-r-i-c -P-l-a-c-e-s-, -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 -p-r-o-v-i-d-e -f-u-n-d-s -f-o-r -p-r-o-j-e-c-t-s -i-n -t-h-e -C-o-r-r-i-d-o-r -t-h-a-t -e-x-h-i-b-i-t -n-a-t-i-o-n-a-l -s-i-g-n-i-f-i-c-a-n-c-e -o-r -p-r-o-v-i-d-e -a -w-i-d-e -s-p-e-c-t-r-u-m -o-f -h-i-s-t-o-r-i-c-, -r-e-c-r-e-a-t-i-o-n-a-l-, -e-n-v-i-r-o-n-m-e-n-t-a-l-, -e-d-u-c-a-t-i-o-n-a-l-, -o-r -i-n-t-e-r-p-r-e-t-i-v-e -o-p-p-o-r-t-u-n-i-t-i-e-s-, -w-i-t-h-o-u-t -r-e-g-a-r-d -t-o -w-h-e-t-h-e-r -t-h-e -p-r-o-j-e-c-t-s -a-r-e -i-n -p-u-b-l-i-c -o-r -p-r-i-v-a-t-e -o-w-n-e-r-s-h-i-p-. ``(c) Implementation.--(1) To assist in the implementation of the Cultural Heritage and Land Management Plan in a manner consistent with purposes of this Act, the Secretary is authorized to undertake a limited program of financial assistance for the purpose of providing funds for the preservation and restoration of structures on or eligible for inclusion on the National Register of Historic Places within the Corridor which exhibit national significance or provide a wide spectrum of historic, recreational, or environmental education opportunities to the general public. ``(2) To be eligible for funds under this section, the Commission shall submit an application to the Secretary that includes-- ``(A) a 10-year development plan including those resource protection needs and projects critical to maintaining or interpreting the distinctive character of the Corridor; and ``(B) specific descriptions of annual work programs that have been assembled, the participating parties, roles, cost estimates, cost-sharing, or cooperative agreements necessary to carry out the development plan. ``(3) Funds made available pursuant to this subsection shall not exceed 50 percent of the total cost of the work programs. ``(4) In making the funds available, the Secretary shall give priority to projects that attract greater non-Federal funding sources. ``(5) Any payment made for the purposes of conservation or restoration of real property or structures shall be subject to an agreement either-- ``(A) to convey a conservation or preservation easement to the Department of Environmental Management or to the Historic Preservation Commission, as appropriate, of the State in which the real property or structure is located; or -`-`-(-B-) -t-h-a-t -c-o-n-v-e-r-s-i-o-n-, -u-s-e-, -o-r -d-i-s-p-o-s-a-l -o-f -t-h-e -r-e-s-o-u-r-c-e-s -s-o -a-s-s-i-s-t-e-d -f-o-r -p-u-r-p-o-s-e-s -c-o-n-t-r-a-r-y -t-o -t-h-e -p-u-r-p-o-s-e-s -o-f -t-h-i-s -A-c-t-, -a-s -d-e-t-e-r-m-i-n-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y-, -t-h-e -r-e-c-i-p-i-e-n-t-, -h-i-s -s-u-c-c-e-s-s-o-r-s -o-r -a-s-s-i-g-n-s -s-h-a-l-l -p-a-y -t-o -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -t-h-e -t-o-t-a-l -c-o-s-t -o-f -a-l-l -F-e-d-e-r-a-l -f-u-n-d-s -m-a-d-e -a-v-a-i-l-a-b-l-e -t-o -s-u-c-h -p-r-o-j-e-c-t -r-e-d-u-c-e-d -p-r-o -r-a-t-a -o-v-e-r -t-h-e -u-s-e-f-u-l -l-i-f-e -o-f -t-h-e -i-m-p-r-o-v-e-m-e-n-t-s -f-u-n-d-e-d -o-r -t-h-e -i-n-c-r-e-a-s-e-d -v-a-l-u-e -o-f -t-h-e -p-r-o-j-e-c-t -a-t-t-r-i-b-u-t-a-b-l-e -t-o -t-h-e -f-u-n-d-s -a-s -d-e-t-e-r-m-i-n-e-d -a-t -t-h-e -t-i-m-e -o-f -t-h-e -c-o-n-v-e-r-s-i-o-n-, -u-s-e-, -o-r -d-i-s-p-o-s-a-l-, -w-h-i-c-h-e-v-e-r -i-s -g-r-e-a-t-e-r-. ``(B) that conversion, use, or disposal of the resources so assisted for purposes contrary to the purposes of this Act, as determined by the Secretary, shall result in a right of the United States for reimbursement of all funds expended upon such resources or the proportion of the increased value of the resources attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. ``(6) The authority to determine that a conversion, use, or disposal of resources has been carried out contrary to the purposes of this Act in violation of an agreement entered into under paragraph (5)(A) shall be solely at the discretion of the Secretary.''. SEC. 7. LOCAL AUTHORITY. Section 5 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 by adding at the end the following new subsection: ``(j) Local Authority and Private Property Not Affected.--Nothing in this Act shall be construed to affect or to authorize the Commission to interfere with-- ``(1) the rights of any person with respect to private property; or ``(2) any local zoning ordinance or land use plan of the Commonwealth of Massachusetts or a political subdivision of such Commonwealth.''. SEC. -7-. 8. AUTHORIZATION OF APPROPRIATIONS. 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-. -4-6-1 -n-o-t-e-)-, -i-s -a-m-e-n-d-e-d--- U.S.C. 461 note), as amended, is further amended-- (1) in subsection (a), by striking ``$350,000'' and inserting ``$650,000''; and (2) by amending subsection (b) to read as follows: ``(b) Development Funds.--For fiscal years -1-9-9-4-, -1-9-9-5-, -a-n-d -1-9-9-6-, 1995, 1996, and 1997, there is authorized to be appropriated to carry out section 8(c), $5,000,000 in the -a-g-g-r-e-g-a-t-e-, -a-n-d -f-o-r -e-a-c-h -f-i-s-c-a-l -y-e-a-r -t-h-e-r-e-a-f-t-e-r-, -s-u-c-h -s-u-m-s -a-s -a-r-e -n-e-c-e-s-s-a-r-y-.-'-' aggregate.''.

Blackstone River Valley National Heritage Corridor Amendments Act of 1994 - Modifies the boundaries of the Blackstone River Valley National Heritage Corridor. Requires the Blackstone River Valley National Heritage Corridor Commission to revise the Cultural Heritage and Land Management Plan to address the boundary change and include a natural resource inventory of areas or features that should be protected, restored, managed, or acquired because of their contribution to the understanding of national cultural landscape values. Prohibits changes other than minor revisions in the approved plan as amended without the approval of the Secretary of the Interior. Extends the date of termination of the Commission until ten years after this Act's enactment, subject to specified conditions. Directs the Secretary to approve an additional extension if the Secretary finds that: (1) the Governors of Massachusetts and Rhode Island provide adequate assurances of continued tangible contribution and effective policy support toward achieving the purposes of the Corridor; and (2) the Commission is effectively assisting Federal, State, and local authorities to retain, enhance, and interpret the distinctive character and nationally significant resources of the Corridor. Authorizes the Secretary to undertake a limited program of financial assistance for the purpose of providing funds for the preservation and restoration of structures on or eligible for inclusion on the National Register of Historic Places within the Corridor which exhibit national significance or provide a wide spectrum of historic, recreational, or environmental education opportunities to the general public. Specifies that nothing in the Act establishing the Corridor shall be construed to affect or authorize the Commission to interfere with: (1) the rights of any person with respect to private property; or (2) any local zoning ordinance or land use plan of the Commonwealth of Massachusetts or a political subdivision of such Commonwealth. Increases and extends the authorization of appropriations under the Act.

Blackstone River Valley National Heritage Corridor Amendments Act of 1994

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Fair Tax Treatment for Fishermen Act of 2000''. SEC. 2. INCOME AVERAGING FOR FISHERMEN WITHOUT INCREASING ALTERNATIVE MINIMUM LIABILITY. (a) In General.--Section 55(c) (defining regular tax) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following: ``(2) Coordination with income averaging for fishermen.-- Solely for purposes of this section, section 1301 (relating to averaging of fishing income) shall not apply in computing the regular tax.''. (b) Allowing Income Averaging for Fishermen.-- (1) In general.--Section 1301(a) is amended by striking ``farming business'' and inserting ``farming business or fishing business,''. (2) Definition of elected farm income.-- (A) In general.--Clause (i) of section 1301(b)(1)(A) is amended by inserting ``or fishing business'' before the semicolon. (B) Conforming amendment.--Subparagraph (B) of section 1301(b)(1) is amended by inserting ``or fishing business'' after ``farming business'' both places it occurs. (3) Definition of fishing business.--Section 1301(b) is amended by adding at the end the following new paragraph: ``(4) Fishing business.--The term `fishing business' means the conduct of commercial fishing (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802, Public Law 94-265 as amended).)''. SEC. 3. FISHING RISK MANAGEMENT ACCOUNTS. (a) In General.--Subpart C of part II of subchapter E of chapter 1 (relating to taxable year for which deductions taken) is amended by inserting after section 468B the following: ``SEC. 468C. FISHING RISK MANAGEMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual engaged in an eligible commercial fishing activity, there shall be allowed as a deduction for any taxable year the amount paid in cash by the taxpayer during the taxable year Fishing Risk Management Account (hereinafter referred to as the `FisheRMen Account'). ``(b) Limitation.-- ``(1) Contributions.--The amount which a taxpayer may pay into the FisheRMen Account for any taxable year shall not exceed 20 percent of so much of the taxable income of the taxpayer (determined without regard to this section) which is attributable (determined in the manner applicable under section 1301) to any eligible commercial fishing activity. ``(2) Distributions.--Distributions from a FisheRMen Account may not be used to purchase, lease, or finance any new fishing vessel, add capacity to any fishery, or otherwise contribute to the overcapitalization of any fishery. The Secretary of Commerce shall implement regulations to enforce this paragraph. ``(c) Eligible Businesses.--For purposes of this section-- ``(1) Commercial fishing activity.--The term `commercial fishing activity' has the meaning given the term `commercial fishing' by section (3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802, Public Law 94- 265 as amended) but only if such fishing is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(d) Fishermen Account.--For purposes of this section-- ``(1) In general.--The term `FisheRMen Account' means a trust created or organized in the United States for the exclusive benefit of the taxpayer, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted for any taxable year in excess of the amount allowed as a deduction under subsection (a) for such year. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(C) The assets of the trust consist entirely of cash or of obligations which have adequate stated interest (as defined in section 1274(c)(2)) and which pay such interest not less often than annually. ``(D) All income of the trust is distributed currently to the grantor. ``(E) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(2) Account taxed as grantor trust.--The grantor of a FisheRMen Account shall be treated for purposes of this title as the owner of such Account and shall be subject to tax thereon in accordance with subpart E of part I of subchapter J of this chapter (relating to grantors and others treated as substantial owners). ``(e) Inclusion of Amounts Distributed.-- ``(1) In general.--Except as provided in paragraph (2), there shall be includible in the gross income of the taxpayer for any taxable year-- ``(A) any amount distributed from a FisheRMen Account of the taxpayer during such taxable year, and ``(B) any deemed distribution under-- ``(i) subsection (f)(1) (relating to deposits not distributed within 5 years), ``(ii) subsection (f)(2) (relating to cessation in eligible commercial fishing activities), and ``(iii) subparagraph (A) or (B) of subsection (f)(3) (relating to prohibited transactions and pledging account as security). ``(2) Exceptions.--Paragraph (1)(A) shall not apply to-- ``(A) any distribution to the extent attributable to income of the Account, and ``(B) the distribution of any contribution paid during a taxable year to a FisheRMen Account to the extent that such contribution exceeds the limitation applicable under subsection (b) if requirements similar to the requirements of section 408(d)(4) are met. For purposes of subparagraph (A), distributions shall be treated as first attributable to income and then to other amounts. ``(f) Special Rules.-- ``(1) Tax on deposits in account which are not distributed within 5 years.-- ``(A) In general.--If, at the close of any taxable year, there is a nonqualified balance in any FisheRMen Account-- ``(i) there shall be deemed distributed from such Account during such taxable year an amount equal to such balance, and ``(ii) the taxpayer's tax imposed by this chapter for such taxable year shall be increased by 10 percent of such deemed distribution. The preceding sentence shall not apply if an amount equal to such nonqualified balance is distributed from such Account to the taxpayer before the due date (including extensions) for filing the return of tax imposed by this chapter for such year (or, if earlier, the date the taxpayer files such return for such year). ``(B) Nonqualified balance.--For purposes of subparagraph (A), the term `nonqualified balance' means any balance in the Account on the last day of the taxable year which is attributable to amounts deposited in such Account before the 4th preceding taxable year. ``(C) Ordering rule.--For purposes of this paragraph, distributions from a FisheRMen Account (other than distributions of current income) shall be treated as made from deposits in the order in which such deposits were made, beginning with the earliest deposits. ``(2) Cessation in eligible business.--At the close of the first disqualification period after a period for which the taxpayer was engaged in an eligible commercial fishing activity, there shall be deemed distributed from the FisheRMen Account of the taxpayer an amount equal to the balance in such Account (if any) at the close of such disqualification period. For purposes of the preceding sentence, the term `disqualification period' means any period of 2 consecutive taxable years for which the taxpayer is not engaged in an eligible commercial fishing activity. ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 220(f)(8) (relating to treatment on death). ``(B) Section 408(e)(2) (relating to loss of exemption of account where individual engages in prohibited transaction). ``(C) Section 408(e)(4) (relating to effect of pledging account as security). ``(D) Section 408(g) (relating to community property laws). ``(E) Section 408(h) (relating to custodian accounts). ``(4) Time when payments deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to a FisheRMen Account on the last day of a taxable year if such payment is made on account of such taxable year and is made on or before the due date (without regard to extensions) for filing the return of tax for such taxable year. ``(5) Individual.--For purposes of this section, the term `individual' shall not include an estate or trust. ``(6) Deduction not allowed for self-employment tax.--The deduction allowable by reason of subsection (a) shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2. ``(g) Reports.--The trustee of a FisheRMen Account shall make such reports regarding such Account to the Secretary and to the person for whose benefit the Account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such persons at such time and in such manner as may be required by such regulations.''. (b) Tax on Excess Contributions.-- (1) Subsection (a) of section 4973 (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended by striking ``or'' at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following: ``(4) a FisheRMen Account (within the meaning of section 468C(d)), or''. (2) Section 4973 is amended by adding at the end the following: ``(g) Excess Contributions to Fishermen Accounts.--For purposes of this section, in the case of a FisheRMen Account (within the meaning of section 468C(d)), the term `excess contributions' means the amount by which the amount contributed for the taxable year to the Account exceeds the amount which may be contributed to the Account under section 468C(b) for such taxable year. For purposes of this subsection, any contribution which is distributed out of the FisheRMen Account in a distribution to which section 468C(e)(2)(B) applies shall be treated as an amount not contributed.''. (3) The section heading for section 4973 is amended to read as follows: ``SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES, ETC.''. (4) The table of sections for chapter 43 is amended by striking the item relating to section 4973 and inserting the following: ``Sec. 4973 Excess contributions to certain accounts, annuities, etc.''. (c) Tax on Prohibited Transactions.-- (1) Subsection (c) of section 4975 (relating to tax on prohibited transactions) is amended by adding at the end the following: ``(6) Special rule for fishermen accounts.--A person for whose benefit a FisheRMen Account (within the meaning of section 468C(d)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a FisheRMen Account by reason of the application of section 468C(f)(3)(A) to such account.''. (2) Paragraph (1) of section 4975(e) is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following: ``(E) a FisheRMen Account described in section 468C(d),''. (d) Failure To Provide Reports on Fishermen Accounts.--Paragraph (2) of section 6693(a) (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following: ``(C) section 468C(g) (relating to FisheRMen Accounts),''. (e) Clerical Amendment.--The table of sections for subpart C of part II of subchapter E of chapter 1 is amended by inserting after the item relating to section 468B the following: ``Sec. 468C. Fishing Risk Management Accounts.''. SECTION 4. EFFECTIVE DATE. The changes made by this Act shall apply to taxable years beginning after December 31, 2000.

Allows a limited deduction to fishermen for amounts paid into a Fishing Risk Management Account.

Fair Tax Treatment for Fishermen Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intelligence Community Accountability Act of 2004''. SEC. 2. INSPECTOR GENERAL FOR INTELLIGENCE. (a) Establishment.--(1) Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting after section 118 the following new section: ``inspector general for intelligence ``Sec. 119. (a) Establishment.--(1) There is hereby established the Office of Inspector General for Intelligence (in this section referred to as the `Office'). ``(2) The Office shall not be located for administrative or other purposes within the Central Intelligence Agency. ``(3) The purpose of the Office is to-- ``(A) provide an objective and effective office, appropriately accountable to Congress, to-- ``(i) initiate and conduct independently investigations, audits, and reviews of significant failures by the intelligence community as a whole in the discharge of the intelligence, intelligence- related, or other national security missions of the intelligence community; and ``(ii) identify means of improving the discharge of such missions by the intelligence community as a whole; ``(B) provide a means for keeping the Director of Central Intelligence, as the head of the intelligence community, fully and currently informed about significant failures in the discharge of such missions, the necessity for and progress of corrective actions, and means of improving the discharge of such missions by the intelligence community as a whole; ``(C) in the manner prescribed by this section, ensure that the congressional intelligence committees are kept similarly informed of significant failures in the discharge of such missions, the necessity for and progress of corrective actions, and means of improving the discharge of such missions by the intelligence community as a whole; and ``(D) identify policies and practices of the intelligence community that may serve as a model for similar policies and practices for other departments, agencies, and elements of the United States Government. ``(b) Appointment; Supervision; Removal.--(1)(A) There shall be at the head of the Office the Inspector General for Intelligence who shall be appointed by the President, by and with the advice and consent of the Senate. ``(B) The appointment of an individual as Inspector General shall be made without regard to political affiliation, and shall be solely on the basis of integrity, compliance with the security standards of the intelligence community, and prior experience in matters relating to foreign intelligence. ``(2) The Inspector General shall report directly to and be under the general supervision of the Director of Central Intelligence, acting as the head of the intelligence community. ``(3) The Inspector General may be removed from office only by the President. The President shall immediately communicate in writing to the congressional intelligence committees the reasons for the removal from office of an Inspector General. ``(c) Acting Inspector General.--(1) The Director of Central Intelligence, acting as the head of the intelligence community, may appoint an individual to act as the Inspector General in a circumstance as follows: ``(A) During a vacancy in the position of Inspector General. ``(B) During any period when the Inspector General is absent from duty or is for any reason unable to perform the duties of the Inspector General. ``(2) An individual appointed to act as the Inspector General may not continue to so act for more than nine months after such appointment. ``(d) Duties and Responsibilities.--The Inspector General shall-- ``(1) investigate, audit, or review each significant failure (including an error of communication, cooperation, or coordination) of the intelligence community as a whole in the discharge of an intelligence, intelligence-related, or other national security mission of the intelligence community; ``(2) identify means of improving the discharge of the intelligence, intelligence-related, or other national security missions of the intelligence community by the intelligence community as a whole; ``(3) keep the Director of Central Intelligence, as the head of the intelligence community, fully and currently informed about significant failures in the discharge of such missions, the necessity for and progress of corrective actions, and means of improving the discharge of such missions by the intelligence community as a whole; and ``(4) identify policies and practices of the intelligence community that may serve as a model for similar policies and practices for other departments, agencies, and elements of the United States Government. ``(e) Authorities.--(1) Except as otherwise provided in this section, the Inspector General shall have such powers and authorities under the Inspector General Act of 1978 (5 U.S.C. App.) as are required for the discharge of the duties and responsibilities of the Inspector General under subsection (d). ``(2) The Inspector General shall have direct and prompt access to the Director of Central Intelligence, acting as the head of the intelligence community, when necessary for any purpose pertaining to the performance of the duties of the Inspector General. ``(3)(A) The Inspector General may, in consultation with the head of the element of the intelligence community concerned, conduct such inspections of the element of the intelligence community as the Inspector General considers appropriate for the performance of the duties of the Inspector General. ``(B) In conducting an inspection under subparagraph (A), the Inspector General may, after notice to the head of the element of the intelligence community concerned, enter into any place occupied by the element of the intelligence community at such time or times as the Inspector General considers appropriate. ``(4)(A) The Inspector General shall have access to any employee or any contractor employee of an element of the intelligence community whose testimony is needed for the performance of the duties of the Inspector General. ``(B) The Inspector General shall have direct access to all records, reports, audits, reviews, documents, papers, recommendations, or other material which relate to the programs and operations with respect to which the Inspector General has responsibilities under this section. ``(C) Failure on the part of any employee or contractor to cooperate with the Inspector General shall be grounds for appropriate administrative actions by the head of the element of the intelligence community concerned, including loss of employment or the termination of an existing contractual relationship. ``(5) The Inspector General shall have authority to administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the duties of the Inspector General, which oath affirmation, or affidavit when administered or taken by or before an employee of the Office designated by the Inspector General shall have the same force and effect as if administered or taken by or before an officer having a seal. ``(6)(A) Except as provided in subparagraph (B), the Inspector General may require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the duties and responsibilities of the Inspector General. ``(B) In the case of a department or agency of the United States Government, the Inspector General shall obtain information, documents, reports, answers, records, accounts, papers, and other data and evidence for the purpose specified in subparagraph (A) using procedures other than by subpoenas. ``(C) The Inspector General may not issue a subpoena for or on behalf of any other element or component of the intelligence community. ``(D) In the case of contumacy or refusal to obey a subpoena issued under this paragraph, the subpoena shall be enforceable by order of any appropriate district court of the United States. ``(f) Initiation of Investigations.--The Inspector General may commence an investigation as follows: ``(1) Upon the initiative of the Inspector General. ``(2) Upon the request of the President. ``(3) Upon the request of the Director of Central Intelligence. ``(4) Upon the request of the head of another element of the intelligence community. ``(5) Upon the request of an Inspector General of an element of the intelligence community. ``(6) Upon the request of a congressional intelligence committee, the Committee on Armed Services of the Senate, or the Committee on Armed Services of the House of Representatives. ``(7) Upon the request of a Member of Congress. ``(g) Cooperation of Intelligence Community Inspectors General.-- (1) Each Inspector General of an element of the intelligence community shall cooperate fully with the Inspector General for Intelligence in the performance by the Inspector General for Intelligence of the duties and responsibilities of the Inspector General for Intelligence under this section. ``(2) The Inspector General for Intelligence shall cooperate fully with each Inspector General of an element of the intelligence community in the performance by the Inspector General of such element of the intelligence community of the duties and responsibilities of the Inspector General of such element of the intelligence community under law. ``(3) The cooperation of the Inspector General of an element of the intelligence community with the Inspector General for Intelligence under paragraph (1) may not be construed to modify or affect the duties and responsibilities of the duties and responsibilities of the Inspector General for Intelligence with respect to the intelligence community as a whole under this section or the duties and responsibilities of the Inspector General of such element of the intelligence community with respect to such element of the intelligence community under law. ``(h) Reports.--(1)(A) The Inspector General may make to the President, the Director of Central Intelligence, or the head of any element of the intelligence community any report on an investigation conducted by the Inspector General that the Inspector General considers appropriate. ``(B) A report on an investigation under subparagraph (A) may include such recommendations for corrective or disciplinary action as the Inspector General considers appropriate as a result of the investigation. ``(2)(A) In accordance with section 535 of title 28, United States Code, the Inspector General shall submit to the Attorney General a report on any information, allegation, or complaint received by the Inspector General relating to a violation of Federal criminal law that involves a program or operation of an element of the intelligence community, consistent with such guidelines as may be issued by the Attorney General pursuant to subsection (b)(2) of such section. ``(B) The Inspector General shall submit to the Director of Central Intelligence, acting as the head of the intelligence community, a copy of each report submitted to the Attorney General under subparagraph (A). ``(3) Not later than January 31 and July 31 each year, the Inspector General shall submit to the congressional intelligence committees a report on the activities of the Inspector General and the Office during the preceding six months. Each report shall include, for the six-month period covered by such report-- ``(A) a description of each significant investigation commenced by the Inspector General, including the progress made in such investigation; ``(B) a summary of the other investigations commenced or conducted by the Inspector General; and ``(C) in the case of any investigation concluded by the Inspector General, a description of the findings of the Inspector General as a result of such investigation, including whether the Inspector General made a recommendation for corrective or disciplinary action under paragraph (1)(B), or submitted to the Attorney General a report on a violation of Federal criminal law under paragraph (2)(A), as a result of such investigation. ``(4) Each report submitted to the congressional intelligence committees under paragraph (3) shall be submitted in both classified and unclassified form. ``(5) The head of any element of the intelligence community may submit to the congressional intelligence committees a report on any matter in a report under paragraph (3) that relates to such element of the intelligence community. ``(i) Support.--(1) The Inspector General shall have a staff of personnel with such expertise and experience as the Inspector General considers appropriate to carry out the duties of the Inspector General under this section. ``(2) The staff of the Inspector General under paragraph (1) shall possess security clearances appropriate for the work of the Inspector General. ``(3) The Director of Central Intelligence, acting as the head of the intelligence community, shall provide the Inspector General with appropriate and adequate office space, together with such equipment, office supplies, maintenance services, and communications facilities and services as may be necessary for the operation of the Office. ``(4)(A) Subject to the concurrence of the Director, the Inspector General may request from any department or agency of the United States Government such information or assistance as may be necessary for carrying out the duties of the Inspector General under this section. ``(B) Upon request of the Inspector General for information or assistance under subparagraph (A), the head of the department or agency concerned shall, insofar as is practicable and not in contravention of any existing statutory restriction or regulation of such department or agency, furnish such information or assistance to the Inspector General. ``(j) Separate Budget Account.--Beginning with fiscal year 2006 and in accordance with procedures to be issued by the Director of Central Intelligence in consultation with the congressional intelligence committees, the Director shall include in the National Foreign Intelligence Program budget a separate account for the Office of Inspector General for Intelligence.''. (2) The table of contents for the National Security Act of 1947 is amended by inserting after the item relating to section 118 the following new item: ``Sec. 119. Inspector General for Intelligence.''. (b) Executive Schedule Level IV.--Section 5315 of title 5, United States Code, is amended by inserting after the item relating to the Inspector General of the Central Intelligence Agency the following new item: ``Inspector General for Intelligence.''.

Intelligence Community Accountability Act of 2004 - Amends the National Security Act of 1947 to establish an independent Office of Inspector General for Intelligence (Office), to be headed by an Inspector General for Intelligence (IG) appointed by the President with the advice and consent of the Senate. Gives the IG responsibility for: (1) investigating, auditing, or reviewing each significant failure of the intelligence community; (2) identifying means of improving the discharge of intelligence missions; (3) keeping the Director Central Intelligence (DCI) informed about significant failures in the discharge of such missions, corrective actions, and means of improvement; and (4) identifying policies and practices of the intelligence community that may serve as a model for other components of the U.S. Government. Authorizes the IG to commence investigations. Requires the IG and other Inspector Generals in the intelligence community to mutually cooperate in the performance of their respective duties. Authorizes the IG to report to the President, DCI, or head of any element of the intelligence community on investigations conducted by the IG, as appropriate. Requires the IG to: (1) submit to the Attorney General a report on information, allegations, or complaints received by the IG regarding violations of Federal criminal law that involve intelligence community programs or operations; and (2) submit biannual reports on the activities of the IG and Office to the congressional intelligence committees.

A bill to establish the Inspector General for Intelligence, and for other purposes.

SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Although title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) does not prohibit discrimination on the basis of sexual orientation, one section of the Department of Education's Office for Civil Rights' 1997 final policy guidance, entitled ``Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties'' published in the Federal Register on March 13, 1997, 62 Fed. Reg. 12034, included a determination that ``sexual harassment directed at gay or lesbian students that is sufficiently serious to limit or deny a student's ability to participate in or benefit from the school's program constitutes sexual harassment prohibited by title IX under the circumstances described in this guidance.''. This language was unchanged in a 2001 update of the policy guidance entitled ``Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties'' for which a notice of availability was published in the Federal Register on January 19, 2001, 66 Fed. Reg. 5512. (2) That section of the 2001 ``Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties'' went on to state: ``Though beyond the scope of this guidance, gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, but not involving conduct of a sexual nature, is also a form of sex discrimination to which a school must respond, if it rises to the level that denies or limits a student's ability to participate in or benefit from the educational program....A school must respond to such harassment in accordance with the standards and procedures described in this guidance.''. (3) There is evidence that brings into question the degree to which the policy guidance on sexual harassment against gay, lesbian, bisexual, and transgender students is being implemented. For example, a 7-State study by Human Rights Watch of the abuses suffered by gay, lesbian, bisexual, and transgender students at the hands of their peers, published in ``Hatred in the Hallways: Violence and Discrimination Against Lesbian, Gay, Bisexual, and Transgender Students in U.S. Schools'' found that such students were often the victims of abuses. (4) A 2000 study by the American Association of University Women focused on implementation of title IX of the Education Amendments of 1972 more generally, and the findings of that study, published in ``A License for Bias: Sex Discrimination, Schools, and Title IX'', included a finding that many schools and universities have not established procedures for handling title IX-based grievances. (5) The 2001 report of the Surgeon General, entitled ``Surgeon General's Call to Action to Promote Sexual Health and Responsible Sexual Behavior'' notes that ``antihomosexual attitudes are associated with psychological distress for homosexual persons and may have a negative impact on mental health, including a greater incidence of depression and suicide, lower self-acceptance and a greater likelihood of hiding sexual orientation.''. It goes on to report: ``Averaged over two dozen studies, 80 percent of gay men and lesbians had experienced verbal or physical harassment on the basis of their orientation, 45 percent had been threatened with violence, and 17 percent had experienced a physical attack.''. (b) Purpose.--The purpose of this Act is to provide for an examination of how secondary schools are implementing the policy guidance of the Department of Education's Office for Civil Rights related to sexual harassment directed against gay, lesbian, bisexual, and transgender students. SEC. 2. STUDY OF HOW EDUCATIONAL INSTITUTIONS ARE IMPLEMENTING THE POLICY GUIDANCE RELATING TO SEXUAL HARASSMENT. (a) In General.--The United States Commission on Civil Rights (hereafter in this Act referred to as the ``Commission'') shall conduct a study of the 1997 final policy guidance entitled ``Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties'' published in the Federal Register on March 13, 1997, 62 Fed. Reg. 12034, and the application of such policy guidance. (b) Scope.-- (1) Nationwide.--The study shall be conducted nationwide. (2) Elements of study.--The study shall examine, at a minimum, with regard to secondary schools-- (A) the extent to which there exists sexual harassment against gay and lesbian students in secondary schools, using the applicable standards in the policy guidance of the Office for Civil Rights described in subsection (a); (B) the extent to which there exists gender-based harassment that negatively affects the learning environment of gay, lesbian, bisexual, and transgender students in secondary schools, applying the definition of such gender-based harassment contained in the 2001 update of the policy guidance entitled ``Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties'' for which a notice of availability was published in the Federal Register on January 19, 2001, 66 Fed. Reg. 5512; (C) the level of awareness by school officials and students of the policy guidance described in subsection (a); and (D) the level of implementation of such policy guidance. (c) Definition.--In this section, the term ``secondary school'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). SEC. 3. REPORTING OF FINDINGS. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Commission shall transmit to Congress and to the Secretary of Education-- (1) a report of the Commission's findings under section 2; and (2) any policy recommendations developed by the Commission based upon the study carried out under section 2. (b) Dissemination.--The report and recommendations shall be disseminated, in a manner that is easily understandable, to the public by means that include the Internet. SEC. 4. COOPERATION OF FEDERAL AGENCIES. (a) In General.--The head of each Federal department or agency shall cooperate in all respects with the Commission with respect to the study under section 2. (b) Information.--The head of each Federal department or agency shall provide to the Commission, to the extent permitted by law, such data, reports, and documents concerning the subject matter of such study as the Commission may request. (c) Definition.--In this section, the term ``Federal department or agency'' means any agency as defined in section 551 of title 5, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act, such sums as may be necessary for fiscal year 2002. (b) Availability.--Any amount appropriated under the authority of subsection (a) shall remain available until expended.

Directs the U.S. Commission on Civil Rights to conduct a nationwide study, and report with policy recommendations to Congress and the Secretary of Education, on how secondary schools are implementing specified policy guidance of the Department of Education's Office for Civil Rights relating to sexual harassment directed against gay, lesbian, bisexual, and transgender students.

A bill to provide for an examination of how schools are implementing the policy guidance of the Department of Education's Office for Civil Rights relating to sexual harassment directed against gay, lesbian, bisexual, and transgender students.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deployed Service Members Financial Security and Education Act of 2003''. SEC. 2. ADDITIONAL ALLOWANCE FOR LENGTHY OR NUMEROUS DEPLOYMENTS AND FREQUENT MOBILIZATIONS. (a) Allowance Payable.--(1) Chapter 7 of title 37, United States Code, is amended by adding at the end the following new section: ``Sec. 437. Additional allowance for lengthy or numerous deployments and frequent mobilizations ``(a) Monthly Allowance.--The Secretary of the military department concerned shall pay a monthly allowance to a member of the armed forces under the Secretary's jurisdiction for each month of deployment of the member described in paragraph (1) of subsection (b) and each month of active duty service of the member described in paragraph (2) of such subsection. ``(b) Service Covered.--Subsection (a) applies to a member for the following months: ``(1) A month that includes a day on which the member is deployed and has, as of that day, been deployed for-- ``(A) 191 consecutive days; or ``(B) 401 days or more out of the preceding 730 days. ``(2) A month that includes a day on which the member serves on active duty to which the member, as a member of a reserve component of an armed force, has been called or ordered pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10 for a period that begins within one year after the date on which the member was released from active duty served for a previous period under a call or order pursuant to such a provision of law. ``(c) Amount.--The amount of the monthly allowance payable to a member under this section is $1,000. ``(d) Payment of Claims.--A claim of a member for payment of the monthly allowance under this section that is not fully substantiated by the recordkeeping system applicable to the member under section 991(c) of title 10 shall be paid if the member furnishes the Secretary concerned with other evidence determined by the Secretary as being sufficient to substantiate the claim. ``(e) Relationship to Other Allowances.--A monthly allowance payable to a member under this section is in addition to the per diem allowance payable under section 436 of this title and to any other pay or allowance payable to the member under any other provision of law. ``(f) Definition of Deployed.--In this section, the terms `deployed' and `deployment', with respect to a member, means that the member is deployed or in a deployment within the meaning of section 991(b) of title 10 (including any definition of `deployment' prescribed under paragraph (4) of that section).''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 436 the following new item: ``437. Additional allowance for lengthy or numerous deployments and frequent mobilizations.''. (b) Effective Date.--Section 437 of title 37, United States Code (as added by subsection (a)), shall take effect on the date of the enactment of this Act, and shall apply with respect to periods of deployment or active duty that begin before, on, or after such date, except that no allowance may be paid under such section for months that begin before the month in which this Act is enacted. SEC. 3. RELIEF ON EDUCATIONAL MATTERS FOR PERSONS IN THE MILITARY SERVICE UNDER THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940. (a) Applicability of Interest Rate Limitation to Student Loans.-- Section 206 of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 526) is amended-- (1) by inserting ``(a)'' before ``No obligation''; (2) by designating the second sentence as subsection (c) and indenting the left margin of such subsection, as so designated, two ems; and (3) by inserting after subsection (a), as designated by paragraph (1) of this subsection, the following new subsection (b): ``(b) Subsection (a) shall apply with respect to student loans, including student loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), student loans under any other Federal student loan program, or any other student loans.''. (b) Preservation of Educational Status and Tuition.--Article VII. of such Act (50 U.S.C. App. 590 et seq.) is amended by adding at the end the following new section: ``Sec. 704. (a) A person in the military service who is enrolled as a student at an institution of higher education at the time of entry into the military service shall be granted a leave of absence from the institution during the period of military service and for one year after the conclusion of the military service. ``(b)(1) A person on a leave of absence from an institution of higher education under subsection (a) shall be entitled, upon completion of the leave of absence, to be restored to the educational status such person had attained before entering into the military service as described in that subsection without loss of academic credits earned, scholarships or grants awarded, or, subject to paragraph (2), tuition and other fees paid before the entry of the person into the military service. ``(2)(A) An institution of higher education shall refund tuition or fees paid or credit the tuition and fees to the next period of enrollment after the person returns from the leave of absence, at the option of the person. Notwithstanding the 180-day limitation referred to in subsection (a)(2)(B) of section 484B of the Higher Education Act of 1965 (20 U.S.C. 1091b), a person on a leave of absence under this section shall not be treated as having withdrawn for purposes of such section 484B unless the person fails to return upon the completion of the leave of absence. ``(B) If a person requests a refund for a period of enrollment, the percentage of the tuition and fees that shall be refunded shall be equal to 100 percent minus-- ``(i) the percentage of the period of enrollment (for which the tuition and fees were paid) that was completed (as determined in accordance with subsection (d) of such section 484B) as of the day the person withdrew, provided that such date occurs on or before the completion of 60 percent of the period of enrollment; or ``(ii) 100 percent, if the day the person withdrew occurs after the person has completed 60 percent of the period of enrollment.''.

Deployed Service Members Financial Security and Education Act of 2003 - Directs the Secretary of the military department concerned to pay a monthly $1,000 allowance to a member of the armed forces for each month of deployment in the case of a member who is deployed for: (1) 191 consecutive days; or (2) 401 or more of the preceding 730 days.Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to apply a provision limiting the rate of interest on student loans during a period of military service to all student loans, including loans under Title IV of the Higher Education Act of 1965.Requires a person in the military service who is enrolled in an institution of higher education at the time of entry into service to be granted a leave of absence from the institution during the period of service and for one year thereafter. Requires such person, after such leave of absence, to be restored to the same educational status (including academic credits, scholarships or grants, and amount of tuition) attained before entry into service. Requires the institution to refund, or provide a credit for, tuition or fees paid for the period covering the leave of absence.

A bill to improve the benefits and protections provided for regular and reserve members of the Armed Forces deployed or mobilized in the interests of the national security of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``YES to Cures Act of 2014''. SEC. 2. FUNDING RESEARCH BY EMERGING SCIENTISTS THROUGH COMMON FUND. (a) Use of Funds.--Section 402(b)(7)(B) of the Public Health Service Act (42 U.S.C. 282) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: ``(ii) shall, with respect to funds reserved under section 402A(c)(1)(C) for the Common Fund, allocate such funds to the national research institutes and national centers for conducting and supporting research that is identified under subparagraph (A) and is carried out by one or more emerging scientists (as defined in section 402A(c)(1)(C)(iv)); and''. (b) Reservation of Funds.--Section 402A(c)(1) of the Public Health Service Act (42 U.S.C. 282a(c)(1)) is amended-- (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (2) by inserting after subparagraph (B) the following: ``(C) Additional reservation for research by emerging scientists.-- ``(i) Inapplicability of tap for evaluation activities.--Beginning with fiscal year 2015, funds appropriated to the National Institutes of Health shall not be subject to section 241. ``(ii) Reservation.--In addition to the amounts reserved for the Common Fund under subparagraph (B) and amounts appropriated to the Common Fund under subsection (a)(2), the Director of NIH shall reserve an amount for the Common Fund for fiscal year 2015 and each subsequent fiscal year that is equal to the amount that, but for clause (i), would be made available under section 241 for evaluation activities for such fiscal year. ``(iii) Purpose of reservation.--Amounts reserved under clause (ii) shall be used for the purpose of carrying out section 402(b)(7)(B)(ii) (relating to the conduct and support of research that is identified under section 402A(b)(7)(A) and is carried out by one or more emerging scientists). ``(iv) Definition.--In this subparagraph, the term `emerging scientist' means an investigator who-- ``(I) will be the principal investigator or the program director of the proposed research; ``(II) has never been awarded, or has been awarded only once, a substantial, competing grant by the National Institutes of Health for independent research; and ``(III) is within 15 years of having completed-- ``(aa) the investigator's terminal degree; or ``(bb) a medical residency (or the equivalent).''. (c) Supplement, Not Supplant; Prohibition Against Transfer.--Funds reserved pursuant to section 402A(c)(1)(C) of the Public Health Service Act, as added by subsection (b)-- (1) shall be used to supplement, not supplant, the funds otherwise allocated by the National Institutes of Health for young investigators; and (2) notwithstanding any transfer authority in any appropriation Act, shall not be used for any purpose other than allocating funds as described in section 402(b)(7)(B)(ii) of the Public Health Service Act, as added by subsection (a). (d) Conforming Amendments.-- (1) Section 241(a) of the Public Health Service Act (42 U.S.C. 238j(a)) is amended by striking ``Such portion'' and inserting ``Subject to section 402A(c)(1)(C)(i), such portion''. (2) Section 402A(a)(2) of the Public Health Service Act is amended-- (A) by striking ``402(b)(7)(B)(ii)'' and inserting ``402(b)(7)(B)(iii)''; and (B) by striking ``reserved under subsection (c)(1)(B)(i)'' and inserting ``reserved under subparagraph (B)(i) or (C)(ii) of subsection (c)(1)''. (3) Section 3(c)(2) of the Gabriella Miller Kids First Research Act (Public Law 113-94) is amended by striking ``402(b)(7)(B)(ii) of the Public Health Service Act, as added by subsection (a)'' and inserting ``402(b)(7)(B)(iii) of the Public Health Service Act, as added by subsection (a) and redesignated by section 2(a) of the YES to Cures Act of 2014''. (e) Rule of Construction.--Nothing in this Act (and the amendments made by this Act) is intended to affect the amount of funds authorized to be appropriated to the Agency for Healthcare Research and Quality. SEC. 3. REPORT ON TRENDS IN AGE OF RECIPIENTS OF NIH-FUNDED MAJOR RESEARCH GRANTS. Not later than six months after the date of enactment of this Act, the Director of the National Institutes of Health shall submit a report to the Congress-- (1) explaining why, over the 30-year period preceding the enactment of this Act-- (A) there has been a substantial increase in the age of investigators receiving their first major research grant from the National Institutes of Health; (B) there has been a substantial increase in the average age of all recipients of major research grants from the National Institutes of Health; and (C) there has been a dramatic drop in the number of investigators under 40 years of age receiving major research grants from the National Institutes of Health; and (2) describing-- (A) the steps taken by the National Institutes of Health in recent years to address the trends identified in paragraph (1); and (B) the impact of taking such steps.

YES to Cures Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to allocate for research by emerging scientists funds that otherwise would be used to evaluate the implementation and effectiveness of National Institutes of Health (NIH) programs. Requires NIH to explain why there has been an increase in the average age of grant recipients over the past 30 years and describe the steps taken to address this trend.

YES to Cures Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ocean Acidification Research Partnerships Act''. SEC. 2. OCEAN ACIDIFICATION COLLABORATIVE RESEARCH GRANTS. The Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3701 et seq.) is amended by inserting after section 12406 the following: ``SEC. 12406A. OCEAN ACIDIFICATION COLLABORATIVE RESEARCH GRANTS. ``(a) Definitions.--In this section: ``(1) Academic community.--The term `academic community' includes faculty and other representatives of institutions of higher education and other schools, researchers, scientists, and natural resource managers. ``(2) Seafood industry.--The term `seafood industry' includes shellfish growers, shellfish harvesters, commercial fishermen, recreational fishermen, other members of the seafood harvesting or supply chain, and organizations representing any of such groups. ``(b) Grants.--The Secretary shall provide grants for collaborative research projects on ocean acidification developed and conducted through partnerships between the seafood industry and the academic community. ``(c) Criteria for Approval.--The Secretary may not provide a grant for a project under this section unless the project is-- ``(1) consistent with the themes identified under the strategic research plan developed by the Subcommittee under section 12405; and ``(2) designed to-- ``(A) develop and support partnerships, communications, and shared understanding between the seafood industry and the academic community; ``(B) include the seafood industry in research on ocean acidification; ``(C) deliver research, monitoring, or adaptation results which will benefit both the seafood industry and the academic community; ``(D) incorporate into the research agenda the expertise of both the seafood industry, including their unique understanding of the natural environment, and the academic community; ``(E) promote better understanding of seafood industry research questions and priorities within the academic community; ``(F) promote wider understanding of ocean acidification among the academic community, the seafood industry, and other stakeholders as appropriate; and ``(G) include appropriately balanced support from both the seafood industry and the academic community. ``(d) Priority.--The Secretary shall prioritize funding under this section to projects which-- ``(1) address ecosystems and communities vulnerable to the impacts of ocean acidification; ``(2) demonstrate support from local stakeholders, such as representatives of States or other governmental jurisdictions, community organizations, tribes, or educational institutions, as appropriate, located within the region in which the project will be undertaken; or ``(3) utilize seafood industry assets as research and monitoring platforms. ``(e) Implementation Guidelines.--Not later than 180 days after the date of enactment of this section, the Secretary, in collaboration with the Subcommittee, shall issue implementation guidelines under this section, including criteria and priorities for grants. Those guidelines shall be developed in consultation, as appropriate, with-- ``(1) State, regional, and local decisionmakers with ocean acidification experience; ``(2) the seafood industry and other marine-dependent industries; ``(3) formal and informal educators, including both those within academia and those who are not; ``(4) tribes; ``(5) nongovernmental organizations involved in ocean acidification research, prevention, or adaptation; and ``(6) any other appropriate community stakeholders. ``(f) Contents of Proposals.--Each proposal for a grant under this section shall include-- ``(1) a description of the qualifications of the individuals or entities who will conduct the project; ``(2) a plan for ensuring full participation and engagement of both industry and academic community participants, including a description of how each partner will contribute expertise to the project in terms of design, execution, and interpretation of results; ``(3) a plan for the dissemination of the results of the research project, which may include-- ``(A) educational programs; ``(B) presentations to members of the seafood industry, the academic community, and community stakeholders; ``(C) scientific publication; and ``(D) delivery to appropriate representatives of States or other government jurisdictions who would use the information; ``(4) a description of how the project is consistent with the program elements described in section 12405(c); and ``(5) any other information the Secretary considers necessary for evaluating the eligibility of the project for funding under this section. ``(g) Alternative Participants.--The Secretary may make a grant under this section to a partnership in which a marine-dependent industry is substituted for the seafood industry if the proposed project serves the purposes of this section. In such a case, the participation and interests of that marine-dependent industry shall be substituted for those of the seafood industry in applying the requirements of this section. ``(h) Project Reporting.--Each grantee under this section shall provide periodic reports as required by the Secretary. Each such report shall include all information required by the Secretary for evaluating the progress and success of the project. ``(i) Matching Requirements.-- ``(1) In general.--Except as provided in paragraph (2), the total amount of Federal funding for a collaborative research project supported under this section may not exceed 85 percent of the total cost of such project. For purposes of this paragraph, the non-Federal share of project costs may be provided by in-kind contributions and other noncash support. ``(2) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) if the Secretary determines that no reasonable means are available through which applicants can meet the matching requirement and the probable benefit of such project outweighs the public interest in such matching requirement. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for carrying out this section $5,000,000 for each of the fiscal years 2016 through 2020.''.

Ocean Acidification Research Partnerships Act This bill amends the Federal Ocean Acidification Research and Monitoring Act of 2009 to require the National Oceanic and Atmospheric Administration (NOAA) to provide grants for collaborative research projects on ocean acidification developed and conducted through partnerships between the seafood industry and the academic community. NOAA must prioritize projects which: (1) address ecosystems and communities vulnerable to the impacts of ocean acidification, (2) demonstrate support from local stakeholders, or (3) utilize seafood industry assets as research and monitoring platforms. NOAA may make a grant to a partnership in which a marine-dependent industry is substituted for the seafood industry.

Ocean Acidification Research Partnerships Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``IRS Customer Service Improvement Act''. SEC. 2. DEVELOPMENT AND IMPLEMENTATION OF PERSONAL SERVICE PLAN. Not later than 1 year after the date of the enactment of this Act, the Director of the Internal Revenue Service shall develop and implement a plan to ensure that-- (1) each voice call to service telephone numbers of the Internal Revenue Service is answered personally and in a timely manner by an employee of the Internal Revenue Service; and (2) each letter and notification sent to a taxpayer by the Internal Revenue Service is signed by the Internal Revenue Service employee who can be contacted for additional information regarding such letter or notification. SEC. 3. INTEREST RATE FOR OVERPAYMENTS TO EQUAL RATE FOR UNDERPAYMENTS. (a) In General.--Section 6621(a) of the Internal Revenue Code of 1986 (relating to determination of rate of interest) is amended to read as follows: ``(a) General Rule.--The overpayment rate and the underpayment rate established under this section shall be the Federal short-term rate determined under subsection (b).'' (b) Conforming Amendment.--Section 6621 of such Code (relating to determination of rate of interest) is amended by striking subsection (c). (c) Effective Date.--The amendments made by this section shall apply for purposes of determining interest to periods after the date of the enactment of this Act. SEC. 4. NOTICE OF ASSESSMENT ARISING OUT OF MATHEMATICAL OR CLERICAL ERRORS. (a) In General.--Paragraph (1) of section 6213(b) of the Internal Revenue Code of 1986 (relating to assessments arising out of mathematical or clerical errors) is amended to read as follows: ``(1) Assessments arising out of mathematical or clerical errors.-- ``(A) Notice to taxpayer.--Not later than 6 months after the due date of a return (or, if applicable, the last day of any extension relating thereto), the Secretary shall notify the taxpayer by certified mail or registered mail if, on account of a mathematical or clerical error appearing on the return, an amount of tax in excess of that shown on the return is due, and an assessment of the tax has been or will be made on the basis of what would have been the correct amount of tax but for the mathematical or clerical error. ``(B) Required contents.--Each notice under this paragraph shall set forth the error alleged and an explanation thereof. ``(C) Not treated as notice of deficiency.--A notice under this paragraph shall not be considered as a notice of deficiency for the purposes of subsection (a) (prohibiting assessment and collection until notice of the deficiency has been mailed), or of section 6212(c)(1) (restricting further deficiency letters), or of section 6512(a) (prohibiting credits or refunds after petition to the Tax Court), and the taxpayer shall have no right to file a petition with the Tax Court based on such notice, nor shall such assessment or collection be prohibited by the provisions of subsection (a) of this section. ``(D) Failure to provide timely notice.--In the case of a failure by the Secretary to provide timely notice under this paragraph, see section 6404(d)(2) for waiver of certain interest amounts and penalties.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to returns filed after the date of the enactment of this Act. SEC. 5. FAIRNESS WHEN COLLECTING A TAX DUE TO MATHEMATICAL AND CLERICAL ERRORS. (a) In General.--Section 6404(d) of the Internal Revenue Code of 1986 (relating to abatements) is amended to read as follows: ``(d) Abatement of Interest, Penalty, Additional Amount, and Addition to Tax Attributable to Certain Mathematical or Clerical Errors.-- ``(1) Prompt payment.--In the case of an assessment of additional tax attributable to a mathematical or clerical error (as defined in section 6213(g)(2)), the Secretary shall abate any interest, penalty, additional amount, and addition to tax with respect to such assessment if, within 60 days after notice of such assessment is sent under section 6213(b)(1), the taxpayer pays, or files a request for an abatement of, such assessment. ``(2) Failure of secretary to notify within 6 months.--In the case of an assessment of additional tax attributable to a mathematical or clerical error (as defined in section 6213(g)(2)) with respect to which the Secretary failed to notify the taxpayer within the 6-month period specified in section 6213(b)(1), the Secretary shall abate any interest, penalty, and additional amount with respect to such assessment.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to notices filed after the date of the enactment of this Act. SEC. 6. 1-YEAR PERIOD OF LIMITATION ON CERTAIN ADDITIONAL ASSESSMENTS RELATING TO CERTAIN RETURNS. (a) In General.--Subsection (c) of section 6501 of the Internal Revenue Code of 1986 (relating to exceptions to limitations on assessment and collection) is amended by adding at the end the following new paragraph: ``(10) 1-year period for certain individual income tax taxpayers.-- ``(A) In general.--Except as otherwise provided by this subsection, in the case of a return described in subparagraph (B), subsection (a) shall be applied by substituting `1 year' for `3 years' both places it appears. ``(B) Return described.--A return is described in this subparagraph if the return is a return of tax imposed under section 1 for a taxable year of a taxpayer and if-- ``(i) the amount of taxable income shown on such return is equal to or exceeds the lowest amount of taxable income to which the 39.6 percent rate of tax applies, and ``(ii) the understatement of tax (if any) on such return is 25 percent or less of the tax required to be shown on the return for such taxable year. For purposes of clause (ii), the term `understatement' has the meaning given such term by section 6662(d)(2)(A).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1997. SEC. 7. EXCEPTION FOR SMALL BUSINESSES FROM REQUIRED USE OF ELECTRONIC FUND TRANSFER SYSTEM. (a) In General.--Subsection (h) of section 6302 of the Internal Revenue Code of 1986 (relating to use of electronic fund transfer system for collection of certain taxes) is amended by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by inserting after paragraph (2) the following new paragraph: ``(3) Exception for small depositors.-- ``(A) In general.--A taxpayer who is a small depositor for any calendar year shall not be required to make deposits by electronic fund transfer for taxes attributable to payments made during the following calendar year. ``(B) Small depositor.--A taxpayer is a small depositor for any calendar year if the amount of employment taxes attributable to payments made by such taxpayer during such year is $50,000 or less.'' (b) Required Percentages of Deposits Frozen at 1996 Level.-- (1) Subparagraph (B) of section 6302(h)(2) of such Code is amended-- (A) by striking ``the applicable required percentage'' in clause (i) and inserting ``20.1 percent'', and (B) by striking ``the applicable required percentage'' in clause (ii) and inserting ``30 percent''. (2) Paragraph (2) of section 6302(h) of such Code is amended by striking subparagraph (C). (c) Effective Date.--The amendments made by this section shall apply to amounts otherwise required to be deposited after June 30, 1998.

IRS Customer Service Improvement Act - Requires the Internal Revenue Service (IRS) to develop and implement a plan to ensure that: (1) each phone call to the IRS is answered personally and in a timely manner by an IRS employee; and (2) every written IRS communication sent to a taxpayer is signed by an IRS employee who can be contacted for additional information. Requires the overpayment and the underpayment rate to be the Federal short-term rate. Revises provisions concerning mathematical or clerical errors. Provides for a one-year period of limitation (under the general rule, a three-year period) on certain additional assessments relating to certain returns. Provides an exception from the electronic fund transfer system when the amount of employment taxes attributable to annual payments made is $50,000 or less.

IRS Customer Service Improvement Act

SECTION 1. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES. (a) General Limitation on Use by Governmental Agencies.--Section 3121(c) of title 18, United States Code, is amended-- (1) by inserting ``or trap and trace device'' after ``pen register''; (2) by inserting ``, routing, addressing,'' after ``dialing''; and (3) by striking ``call processing'' and inserting ``the processing and transmitting of wire and electronic communications''. (b) Issuance of Orders.-- (1) In general.--Subsection (a) of section 3123 of that title is amended to read as follows: ``(a) In General.--(1) Upon an application made under section 3122(a)(1) of this title, the court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device if the court finds that the attorney for the Government has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. The order shall, upon service of the order, apply to any entity providing wire or electronic communication service in the United States whose assistance is required to effectuate the order. ``(2) Upon an application made under section 3122(a)(2) of this title, the court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device within the jurisdiction of the court if the court finds that the State law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.''. (2) Contents of order.--Subsection (b)(1) of that section is amended-- (A) in subparagraph (A)-- (i) by inserting ``or other facility'' after ``telephone line''; and (ii) by inserting before the semicolon at the end ``or applied''; and (B) by striking subparagraph (C) and inserting the following new subparagraph (C): ``(C) a description of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied, and, in the case of an order authorizing installation and use of a trap and trace device under subsection (a)(2), the geographic limits of the order; and''. (3) Nondisclosure requirements.--Subsection (d)(2) of that section is amended-- (A) by inserting ``or other facility'' after ``the line''; and (B) by striking ``or who has been ordered by the court'' and inserting ``or applied or who is obligated by the order''. (c) Emergency Installation.--Section 3125(a)(1) of that title is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) in subparagraph (B), by striking the comma at the end and inserting a semicolon; and (3) by inserting after subparagraph (B) the following new subparagraphs: ``(C) immediate threat to the national security interests of the United States; ``(D) immediate threat to public health or safety; or ``(E) an attack on the integrity or availability of a protected computer which attack would be an offense punishable under section 1030(c)(2)(C) of this title,''. (d) Definitions.-- (1) Court of competent jurisdiction.--Paragraph (2) of section 3127 of that title is amended by striking subparagraph (A) and inserting the following new subparagraph (A): ``(A) any district court of the United States (including a magistrate judge of such a court) or any United States Court of Appeals having jurisdiction over the offense being investigated; or''. (2) Pen register.--Paragraph (3) of that section is amended-- (A) by striking ``electronic or other impulses'' and all that follows through ``is attached'' and inserting ``dialing, routing, addressing, or signalling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted''; and (B) by inserting ``or process'' after ``device'' each place it appears. (3) Trap and trace device.--Paragraph (4) of that section is amended-- (A) by inserting ``or process'' after ``a device''; and (B) by striking ``of an instrument'' and all that follows through the end and inserting ``or other dialing, routing, addressing, and signalling information relevant to identifying the source of a wire or electronic communication;''. SEC. 2. MODIFICATION OF PROVISIONS RELATING TO FRAUD AND RELATED ACTIVITY IN CONNECTION WITH COMPUTERS. (a) Penalties.--Subsection (c) of section 1030 of title 18, United States Code, is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)-- (i) by inserting ``except as provided in subparagraphs (B) and (C),'' before ``a fine''; (ii) by striking ``(a)(5)(C),'' and inserting ``(a)(5),''; and (iii) by striking ``and'' at the end; (B) in subparagraph (B)-- (i) by inserting ``or an attempt to commit an offense punishable under this subparagraph,'' after ``subsection (a)(2),'' in the matter preceding clause (i); and (ii) by adding ``and'' at the end; and (C) by striking subparagraph (C) and inserting the following new subparagraph (C): ``(C) a fine under this title or imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(5)(A) or (a)(5)(B), or an attempt to commit an offense punishable under this subparagraph, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused)-- ``(i) loss to one or more persons during any one- year period (including loss resulting from a related course of conduct affecting one or more other protected computers) aggregating at least $5,000 in value; ``(ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals; ``(iii) physical injury to any person; ``(iv) a threat to public health or safety; or ``(v) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security; and''; (2) by redesignating subparagraph (B) of paragraph (3) as paragraph (4); (3) in paragraph (3)-- (A) by striking ``(A)'' at the beginning; and (B) by striking ``, (a)(5)(A), (a)(5)(B),''; and (4) in paragraph (4), as designated by paragraph (2) of this subsection, by striking ``(a)(4), (a)(5)(A), (a)(5)(B), (a)(5)(C),'' and inserting ``(a)(2), (a)(3), (a)(4), (a)(6),''. (b) Definitions.--Subsection (e) of that section is amended-- (1) in paragraph (2)(B), by inserting ``, including a computer located outside the United States'' before the semicolon; (2) in paragraph (7), by striking ``and'' at the end; (3) by striking paragraph (8) and inserting the following new paragraph (8): ``(8) the term `damage' means any impairment to the integrity or availability of data, a program, a system, or information;''; (4) in paragraph (9), by striking the period at the end and inserting ``; and''; and (5) by adding at the end the following new paragraphs: ``(10) the term `conviction' shall include an adjudication of juvenile delinquency for a violation of this section; and ``(11) the term `loss' means any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost or cost incurred because of interruption of service.''. (c) Damages in Civil Actions.--Subsection (g) of that section is amended in the second sentence by striking ``involving damage'' and all that follows through the period and inserting ``of subsection (a)(5) shall be limited to loss unless such action includes one of the elements set forth in clauses (ii) through (v) of subsection (c)(2)(C).''. (d) Criminal Forfeiture.--That section is further amended by adding at the end the following new subsection: ``(i)(1) The court, in imposing sentence on any person convicted of a violation of this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States-- ``(A) the interest of such person in any property, whether real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and ``(B) any property, whether real or personal, constituting or derived from any proceeds that such person obtained, whether directly or indirectly, as a result of such violation. ``(2) The criminal forfeiture of property under this subsection, any seizure and disposition thereof, and any administrative or judicial proceeding relating thereto, shall be governed by the provisions of section 413 of the Controlled Substances Act (21 U.S.C. 853), except subsection (d) of that section.''. (e) Civil Forfeiture.--That section, as amended by subsection (d) of this section, is further amended by adding at the end the following new subsection: ``(j)(1) The following shall be subject to forfeiture to the United States, and no property right shall exist in them: ``(A) Any property, whether real or personal, that is used or intended to be used to commit or to facilitate the commission of any violation of this section. ``(B) Any property, whether real or personal, that constitutes or is derived from proceeds traceable to any violation of this section. ``(2) The provisions of chapter 46 of this title relating to civil forfeiture shall apply to any seizure or civil forfeiture under this subsection.''. SEC. 3. JUVENILE DELINQUENCY. Clause (3) of the first paragraph of section 5032 of title 18, United States Code, is amended-- (1) by striking ``or'' before ``section 1002(a)''; (2) by striking ``or'' before ``section 924(b)''; and (3) by inserting after ``or (h) of this title,'' the following: ``or section 1030(a)(1), (a)(2)(B), or (a)(3) of this title, or is a felony violation of section 1030(a)(5) of this title where such violation of such section 1030(a)(5) is punishable under clauses (ii) through (v) of section 1030(c)(5)(C) of this title,''. SEC. 4. AMENDMENT TO SENTENCING GUIDELINES. Section 805(c) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132; 28 U.S.C. 994 note) is amended by striking ``paragraph (4) or (5)'' and inserting ``paragraph (4) or a felony violation of paragraph (5)(A)''.

Directs the court, upon application made by: (1) an attorney for the Government, to enter an ex parte order authorizing the installation and use of a pen register or trap and trace device if it finds that such attorney has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation (the order shall, upon service, apply to any entity providing wire or electronic communication service in the United States whose assistance is required to effectuate the order); and (2) a State investigative or law enforcement officer (unless prohibited by State law), to enter an ex parte order authorizing the installation and use of such register or device within the court's jurisdiction if it finds that the officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. Requires the order to specify a description of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied, and, in the case of an order authorizing installation and use of a trap and trace device with respect to States, the geographic limits of the order. Provides for emergency installation of a pen register or trap and trace device in situations involving: (1) an immediate threat to U.S. national security interests, or to public health or safety; or (2) an attack on the integrity or availability of a protected computer which attack would be an offense punishable under Federal criminal code prohibitions against fraud and related activity in connection with computers. Modifies the definitions of: (1) "court of competent jurisdiction" to mean any U.S. district court or any U.S. Court of Appeals having jurisdiction over the offense being investigated; and (2) "pen register" and "trap and trace device" to cover processes (as well as devices) and dialing, routing, addressing, or signaling information with respect to a wire or electronic communication. (Sec. 2) Revises Federal criminal code (the code) provisions regarding penalties for fraud and related activity in connection with computers to cover certain attempts to commit punishable offenses, and to provide penalties for offenses (or attempts) regarding: (1) loss to one or more persons during any one-year period aggregating at least $5,000 in value; (2) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals; (3) physical injury to any person; (4) a threat to public health or safety; or (5) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security. Repeals a limitation on damages in civil actions to economic damages if any of subparagraphs (2) through (5) apply. Directs the court, in imposing sentence on any person convicted of a violation, to order, in addition to any other sentence imposed and irrespective of any State law provision, that such person forfeit to the United States: (1) the interest of such person in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and (2) any property constituting or derived from any proceeds that such person obtained as a result of such violation. Makes specified Controlled Substances Act provisions regarding the criminal forfeiture, seizure, and disposition of property applicable to this section. Sets forth similar provisions with respect to civil forfeiture. (Sec. 3) Amends provisions of the code regarding juvenile delinquency proceedings in district courts, and transfer for criminal prosecution, to cover situations involving fraud and related activity in connection with computers. (Sec. 4) Modifies provisions of the Antiterrorism and Effective Death Penalty Act of 1996 to direct the United States Sentencing Commission to amend the sentencing guidelines to ensure that any individual convicted of a felony violation of the prohibition against knowingly causing the transmission of a program, information, code, or command, thereby intentionally causing damage without authorization, to a protected computer is imprisoned for not less than six months.

A bill to amend title 18, United States Code, to modify authorities relating to the use of pen registers and trap and trace devices, to modify provisions relating to fraud and related activities in connection with computers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevention of Unreasonable Fees Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Several airports and other transportation terminals continue to charge or have imposed fees on all for-hire vehicles, regardless of whether the vehicle is providing interstate or intrastate transportation. (2) The imposition of such fees unreasonably burdens direct for hire vehicles, many of whom are small businesses struggling to survive in these difficult economic times. SEC. 3. PREVENTION OF UNREASONABLE FEES. Section 14501(d) of title 49, United States Code is amended-- (1) in paragraph (1), by striking ``on account of the fact that a motor vehicle'' and inserting ``to be paid with respect to a motor vehicle that''; (2) by redesignating paragraphs (2) and (3) as paragraph (3) and (4), respectively; (3) by inserting after paragraph (1) the following: ``(2) Transportation terminal fees prohibited.--An operator of a transportation terminal that, at any time after the date of enactment of the Prevention of Unreasonable Fees Act, uses any Federal funds for the construction, expansion, renovation, or other capital improvement of such transportation terminal, or for the purchase or lease of any equipment installed in such transportation terminal or on its property, may not charge any fee to a provider of prearranged ground transportation service described in paragraph (1), except-- ``(A) a fee charged to the general public for access to, or use of, any part of the transportation terminal; ``(B) a fee for the availability of ancillary facilities at the transportation terminal that is reasonable in relation to the costs of operating the ancillary facilities; or ``(C) a fee for such access, use, or availability that the Secretary has approved in advance after making a determination that the fee is reasonable, nonburdensome, nondiscriminatory, necessary, and appropriate to the provision of prearranged ground transportation service.''; (4) by amending paragraph (3), as redesignated, to read as follows: ``(3) Definitions.--In this section: ``(A) Ancillary facilities.--The term `ancillary facilities' includes restrooms, vending machines, monitoring facilities that advise parties accessing the transportation terminal of arrivals or departures of aircraft, buses, trains, ships, or boats, and such other facilities determined by the Secretary to be necessary, appropriate, desirable, or useful to the business of providing prearranged ground transportation service. ``(B) Intermediate stop.--The term `intermediate stop', with respect to transportation by a motor carrier, means a pause in the transportation in order for 1 or more passengers to engage in personal or business activity if the driver providing the transportation to such passengers does not, before resuming the transportation of at least 1 of such passengers, provide transportation to any other person not included among the passengers being transported when the pause began. ``(C) Transportation terminal.--The term `transportation terminal' means any airport, port facility for ships or boats, train station, or bus terminal, including any principal building and all ancillary buildings, roads, runways, and other facilities.''; and (5) in paragraph (4), as redesignated-- (A) in subparagraph (B)-- (i) by striking ``an airport, train, or bus'' and inserting ``a transportation''; and (ii) by striking ``and'' at the end; (B) by redesignating subparagraph (C) as subparagraph (D); (C) by inserting after subparagraph (B) the following: ``(C) as prohibiting or restricting a transportation terminal operator from requiring vehicles that cannot safely use parking facilities that are otherwise available to the general public to use segregated facilities, if the fee for such facilities is not more than the amount charged to the public for similar facilities;''; (D) in subparagraph (D), as redesignated, by striking the period at the end and inserting ``; or''; and (E) by inserting after subparagraph (D), as redesignated, the following: ``(E) as restricting the right of any State or political subdivision of a State to require a license or fee (other than a fee by a transportation terminal operator prohibited under paragraph (2)) with respect to a vehicle that is providing transportation not described in paragraph (1).''. SEC. 4. REGULATIONS. (a) In General.--Not later than one year after the date of enactment of this Act, the Secretary of Transportation shall promulgate regulations to carry out the provisions of section 14501(d) of title 49, United States Code, as amended by section 3. (b) Provisions.--The regulations promulgated pursuant to subsection (a) shall include-- (1) a comprehensive list of the ancillary facilities determined by the Secretary to be necessary, appropriate, desirable, and useful to the business of the provision of prearranged ground transportation service; (2) a schedule of suggested fees that-- (A) may be charged for such ancillary facilities by any transportation terminal operator to a provider of prearranged ground transportation service for the availability of the ancillary facility; and (B) are determined by the Secretary to be reasonable in relation to the costs of operating the ancillary facility; (3) a requirement that any fee proposed by a transportation terminal operator for the availability of an ancillary facility may not be greater than the fee for such ancillary facility provided in the schedule described in paragraph (2), unless the fee is approved in advance by the Secretary after a public hearing and determination that the proposed fee and the amount of the fee for the availability of such ancillary facility at such transportation terminal-- (A) is reasonable in relation to the costs of operating the ancillary facility; and (B) otherwise complies with section 14501(d) of title 49, United States Code; and (4) such other provisions as the Secretary determines to be necessary or appropriate to carry out such section 14501(d) in a manner that prevents the imposition by a transportation terminal operator of-- (A) fees to be paid by or with respect to a motor vehicle that is providing prearranged ground transportation service; or (B) any other discriminatory or punitive action or measure against, or with respect to, a motor vehicle that is providing prearranged ground transportation service.

Prevention of Unreasonable Fees Act - Prohibits an operator of a transportation terminal that uses federal funds for terminal construction, or for the purchase or lease of equipment installed there, from charging a fee to a provider of pre-arranged ground transportation service that meets state vehicle and intrastate passenger licensing requirements. Exempts from such prohibition: (1) fees charged to the general public for access to, or use of, the terminal; (2) any fee for the availability of ancillary facilities located there; or (3) any fee for such access or use that the Secretary has approved in advance as reasonable, nonburdensome, nondiscriminatory, and necessary to the provision of prearranged ground transportation service. Declares that nothing in this Act shall be construed to: (1) prohibit or restrict a transportation terminal operator from requiring vehicles that cannot safely use public parking facilities to use segregated facilities provided the fee for segregated facilities is no more than that charged to the public for similar facilities; or (2) restrict the right of a state or its political subdivisions to require a license or fee (other than a prohibited transportation terminal fee) for a motor vehicle providing certain other prearranged ground transportation.

To clarify the application of section 14501(d) of title 49, United States Code, to prevent the imposition of unreasonable transportation terminal fees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm Disaster Emergency Assistance Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) Due in large part to weather-related disasters in 2001 and 2002, increases in commodity prices will result in cost savings under title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.) of approximately $5,600,000,000 in fiscal year 2003. (2) The amount of funds made available by this Act to compensate producers adversely impacted by weather-related disasters that occurred in 2001 and 2002, together with actual expenditures under title I of the Farm Security and Rural Investment Act of 2002, will still be less than the amount allocated for agriculture in the budget baseline for fiscal year 2002. SEC. 3. CROP DISASTER ASSISTANCE. (a) Assistance Available.--The Secretary of Agriculture (in this Act referred to as the ``Secretary'') shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance available to producers on a farm that have incurred qualifying losses for the 2001 or 2002 crop of an agricultural commodity due to damaging weather or related condition, as determined by the Secretary. (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (as enacted into law by Public Law 106-387; 114 Stat. 1549A-55), including using the same loss thresholds for quantity and quality losses as were used in administering that section. (c) Election of Crop Year.--If a producer incurred qualifying crop losses in both the 2001 and 2002 crop years, the producer shall elect to receive assistance under this section for losses incurred in either the 2001 crop year or the 2002 crop year, but not both. (d) Payment Limitation.-- (1) Limitation.--Assistance provided under this section to a producer for losses to a crop, together with the amounts specified in paragraph (2) applicable to the same crop, may not exceed what the value of the crop would have been in the absence of the losses, as estimated by the Secretary. (2) Other payments.--In applying the limitation in paragraph (1), the Secretary shall include the following: (A) Any crop insurance payment or payment under section 196 of the Federal Agricultural Improvement and Reform Act of 1996 (7 U.S.C. 7333) that the producer receives for losses to the same crop. (B) The value of the crop that was not lost (if any), as estimated by the Secretary. SEC. 4. ASSISTANCE FOR LIVESTOCK PRODUCERS. (a) Assistance Available.--The Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance, as authorized in section 10104 of the Farm Security and Rural Investment Act of 2002 (Public Law 107-171; 7 U.S.C. 1472), available to livestock producers that have incurred losses in a county that received an emergency designation by the President or the Secretary in calendar year 2001 or 2002. The Secretary may reserve a portion of the funds available to carry out this section for the American Indian Livestock Feed Program. (b) Election of Disaster Years.--If a producer incurred livestock losses in a county that received an emergency designation by the President or Secretary in both calendar year 2001 and 2002, the producer shall elect to receive assistance under this section for losses incurred in either 2001 or 2002, but not both. (c) Relation to Other Payments.--Assistance provided under this section to a producer for livestock losses shall be reduced (but not below zero) by any amount received by the producer for the same losses under the livestock loss compensation program announced by the Secretary on September 19, 2002. (d) Adjusted Gross Income Limitation.--The Secretary shall apply the adjusted gross income limitation under section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a) to the provision of assistance under this section in lieu of any other income limitation that the Secretary would otherwise apply to the provision of such assistance. SEC. 5. INELIGIBILITY FOR PAYMENTS. (a) Definitions.--In this section: (1) Insurable commodity.--The term ``insurable commodity'' means an agricultural commodity (excluding livestock) for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (2) Noninsurable commodity.--The term ``noninsurable commodity'' means an eligible crop for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (b) Ineligibility.--Except as provided in subsection (c), the producers on a farm shall not be eligible for assistance under section 3 with respect to losses to an insurable commodity or noninsurable commodity if the producers on the farm-- (1) in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity under the Federal Crop Insurance Act for the crop incurring the losses; and (2) in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 for the crop incurring the losses. (c) Contract Waiver.--The Secretary may waive the application of subsection (b) to the producers on a farm if the producers on the farm enter into a contract with the Secretary under which the producers on the farm agree-- (1) in the case of an insurable commodity, to obtain a policy or plan of insurance under the Federal Crop Insurance Act for the insurable commodity for each of the next three crops that provides a level of coverage at least equal to the level available under catastrophic risk protection; and (2) in the case of a noninsurable commodity, to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next three crops under section 196 of the Federal Agriculture Improvement and Reform Act of 1996. (d) Effect of Violation.--On violation of a contract under subsection (c) by a producer, the producer shall reimburse the Secretary for the full amount of the assistance provided to the producer under section 3. In the case of an insurable commodity, the Secretary shall also impose a civil money penalty for the violation in an amount equal to the producer-cost of a 65/100 crop insurance policy on each crop for which the producer agreed to purchase crop insurance, but did not, in the three-year period. SEC. 6. REPLENISHMENT OF SECTION 32 FUNDS. The Secretary shall transfer $250,000,000 of funds of the Commodity Credit Corporation to the account available to the Secretary under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c). SEC. 7. COMMODITY CREDIT CORPORATION. The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act. SEC. 8. REGULATIONS. (a) In General.--The Secretary of Agriculture may promulgate such regulations as are necessary to implement this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.

Farm Disaster Emergency Assistance Act of 2003 - Directs the Secretary of Agriculture to provide: (1) emergency financial assistance to agricultural producers who have incurred qualifying 2001 or 2002 crop losses due to weather or related conditions; and (2) payments to livestock producers who have incurred 2001 and 2002 losses in an emergency-designated county, with discretionary set-asides for the American Indian livestock program.Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years.Makes producers ineligible for crop disaster assistance if they did not: (1) get Federal crop insurance for insurable commodities; and (2) file required paperwork and pay related fees for noninsurable commodities. Sets forth waiver provisions.Directs the Secretary to transfer specified Commodity Credit Corporation amounts to a certain account established to encourage domestic consumption and foreign exportation of agricultural commodities.

To provide emergency disaster assistance to agricultural producers to respond to severe crop losses and livestock losses incurred in 2001 and 2002, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Online Privacy and Disclosure Act of 2000''. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Data controller.--The term ``data controller'' means a person who, by any means of interstate commerce, collects personal data, regardless of whether or not such data are collected, stored, processed, or disseminated by that person or by an agent on its behalf. (2) Personal data.--The term ``personal data'' means any information relating to an identified or identifiable individual (data subject). (3) Data subject.--The term ``data subject'' means an individual to whom personal data pertain. (4) Commission.--The term ``Commission'' means the Federal Trade Commission. (5) Person.--The term ``person'' has the meaning provided such term in section 1 of title 1, United States Code. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to identify and establish principles concerning fair and nondeceptive business practices for the collection, use, and dissemination of personal data; (2) to permit businesses that have adopted and implemented such principles to certify the implementation by publicly displaying a uniform seal; and (3) to require the Commission to prohibit and prevent unfair and deceptive acts and practices in the use of that uniform seal. SEC. 4. PRINCIPLES FOR FAIR PERSONAL INFORMATION PRACTICES. Data controllers who abide by the following rules shall be permitted to display an official seal certifying such compliance under such regulations as the Commission shall prescribe: (1) Collection limitation principle.--The collection of any personal data through means of interstate commerce should be obtained by lawful and fair means and with the knowledge of the data subject. (2) Data quality principle.--Personal data should be accurate, complete, and current. (3) Purpose specification principle.--The purposes for which personal data are collected should be specified and disclosed to the data subject not later than the time of data collection, and any subsequent use should be limited to the fulfillment of those disclosed purposes, or such other purposes as are not incompatible with those disclosed purposes and as are also disclosed to the data subject on each occasion of a change of purpose. (4) Use limitation principle.--Personal data should not be disclosed, made available, or otherwise used for purposes other than those specified and disclosed in accordance with paragraph (3), except-- (A) with the consent of the data subject; or (B) by the authority of law. (5) Openness principle.--A data subject should have readily available means of establishing the existence and nature of personal data, and the main purposes of their use, as well as the identity and usual place of business of the data controller. (6) Individual participation principle.--An individual should have the right-- (A) to obtain from a data controller, or otherwise, confirmation of whether or not the data controller has data relating to the individual; (B) to have communicated to the individual, data relating to the individual-- (i) within a reasonable time; (ii) at a charge, if any, that is not excessive; (iii) in a reasonable manner; and (iv) in a form that is readily intelligible to the individual; (C) to be given reasons if a request made under subparagraphs (A) and (B) is denied, and to be able to challenge such denial; and (D) to challenge data relating to the individual and, if the challenge is successful to have the data erased, rectified, completed, or amended. (7) Accountability principle.--A data controller should be accountable for complying with measures which give effect to the principles stated in paragraphs (1) through (6) of this section. SEC. 5. PREVENTION OF UNFAIR AND DECEPTIVE PRACTICES IN ADOPTION AND IMPLEMENTATION OF PRINCIPLES. (a) Regulations Required.-- (1) In general.--The Commission shall prescribe rules for the adoption of a seal that may be publicly displayed by a data controller that-- (A) complies with the principles set forth in section 4; and (B) desires to certify that compliance publicly. (2) Deceptive use of seal prohibited.--Such rules shall prohibit as a deceptive act or practice any display of such seal, or any imitation of such seal, by a data controller that is not in compliance with such principles. (b) Rulemaking.--The Commission shall prescribe the rules under subsection (a) within 270 days after the date of enactment of this Act. Such rules shall be prescribed in accordance with section 553 of title 5, United States Code. (c) Enforcement.--Any violation of any rule prescribed under subsection (a) shall be treated as a violation of a rule respecting unfair or deceptive acts or practices under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). Notwithstanding section 5(a)(2) of such Act (15 U.S.C. 45(a)(2)), communications common carriers shall be subject to the jurisdiction of the Commission for purposes of this Act. SEC. 6. ADMINISTRATION AND APPLICABILITY OF ACT. (a) In General.--Except as otherwise provided in section 7, this Act shall be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). Consequently, no activity which is outside the jurisdiction of that Act shall be affected by this Act, except for purposes of this Act. (b) Actions by the Commission.--The Commission shall prevent any person from violating a rule of the Commission under section 5 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. SEC. 7. STATE ENFORCEMENT. Nothing in this Act shall preempt any State from adopting or enforcing State laws dealing with the same or similar subject matter as the subject matter of this Act.

Directs the FTC to prescribe rules for the adoption of a seal that may be displayed by a data controller to signify compliance with such principles and FTC regulations. Provides for FTC enforcement with regard to: (1) the fraudulent display of a seal; and (2) violations of this Act.

Online Privacy and Disclosure Act of 2000

SECTION 1. CLARIFICATION AND IMPROVEMENT OF AUTHORITIES RELATING TO POST-9/11 EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED FORCES AND VETERANS. (a) Modification of Base Amounts of Educational Assistance.-- Section 3313(c)(1) of title 38, United States Code, is amended-- (1) in subparagraph (A), by striking ``may not exceed'' and all that follows and inserting ``may not exceed the amount as follows: ``(i) In the case of an individual enrolled in an institution of higher learning located in the United States, the maximum amount of established charges regularly charged in-State students for full-time pursuit of approved programs of education for undergraduates by the public institution of higher learning offering approved programs of education in the State in which the individual is enrolled that has the highest rate of regularly charged established charges for such programs of education among all public institutions of higher learning in such State offering such programs of education. ``(ii) In the case of an individual enrolled in an institution of higher learning located in the United States who is pursuing a program of education at a branch of such institution that is located outside the United States, the maximum amount of established charges regularly charged in-State students for full-time pursuit of approved programs of education for undergraduates by the public institution of higher learning offering approved programs of education in the State in which is located the institution in which the individual is enrolled that has the highest rate of regularly charged established charges for such programs of education among all public institutions of higher learning in such State offering such programs of education. ``(iii) In the case of an individual enrolled in an institution of higher learning not located in the United States, the average amount of established charges charged in-State students for full-time pursuit of approved programs of education for undergraduates by public institutions of higher learning throughout the United States during the preceding academic year.''; and (2) in subparagraph (B)(i), by striking ``monthly housing stipend amount'' and all that follows and inserting ``monthly housing stipend in an amount as follows: ``(I) In the case of an individual enrolled in an institution of higher learning located in the United States, an amount equal to the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E-5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the institution of higher learning at which the individual is enrolled. ``(II) In the case of an individual enrolled in an institution of higher learning located outside the United States, an amount equal to the average monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E-5 residing in the continental United States.''. (b) Public-Private Contributions for Additional Educational Assistance.-- (1) In general.--Subsection (a) of section 3317 of such title is amended by striking the first sentence and inserting the following new sentences: ``The Secretary shall carry out a program under which a college or university (other than a proprietary for-profit college or university) may, through voluntary contributions, cover a portion of the established charges for an approved program of education of an individual entitled to educational assistance under this chapter that would not otherwise be covered by section 3313(c)(1)(A). Subject to subsection (d), such contributions shall be matched by equivalent contributions toward such costs by the Secretary.''. (2) Requirements for participating institutions.-- Subsection (c) of such section is amended to read as follows: ``(c) Requirements for Participating Institutions.--A college or university participating in the program under this section shall-- ``(1) offer the same percentage of additional assistance to all individuals receiving educational assistance under this section who are pursuing a program of education at the college or university; ``(2) submit to the Secretary a report on the manner (whether by direct grant, scholarship, or otherwise) by which the college or university shall cover portions of the established charges of individuals under the program; and ``(3) submit to the Secretary a report on the amount of the contribution to be made by the college or university for each individual covered by the program.''. (3) Matching contributions.--Paragraph (1) of subsection (d) of such section is amended to read as follows: ``(1) In general.--The amount of any matching contribution by the Secretary under the program under this section with respect to the pursuit of a program of education by an individual entitled to educational assistance under this chapter may not exceed an amount equal to 50 percent of any costs for tuition and mandatory fees for the individual's pursuit of the program of education that are not otherwise covered under section 3311(c)(1)(A).''. (4) Regulations.--Subsection (e) of such section is amended to read as follows: ``(e) Regulations.--The Secretary shall prescribe regulations to carry out the program required by this section.''. (c) Interim Implementation Authority.--Section 5003 of the Post-9/ 11 Veterans Educational Assistance Act of 2008 (title V of Public Law 110-252) is amended by striking subsection (d) and inserting the following new subsections: ``(d) Anticipation of Implementation.--The Secretary of Veterans Affairs shall take appropriate actions to ensure that this section and the amendments made by this section are implementable on the effective date provided in subsection (e)(1), including the prescription of such interim and final regulations for purposes of this section and the amendments made by this section as the Secretary considers appropriate. ``(e) Effective Date.-- ``(1) In general.--Except as provided in paragraph (2), this section and the amendments made by this section shall take effect on August 1, 2009. ``(2) Implementation.--Subsection (d) shall take effect on the date of the enactment of this Act.''. (d) Effective Date.--The amendments made by this section shall take effect on June 30, 2008, as if included in the Post-9/11 Veterans Educational Assistance Act of 2008, to which such amendments relate.

Revises the Department of Veterans Affairs (VA) program of educational assistance for veterans who have served in the Armed Forces since September 11, 2001, to provide the maximum rates to be paid to individuals pursuing programs of education outside the United States at branches of educational institutions: (1) based in the United States; and (2) not based in the United States. Allows only public and private nonprofit institutions of higher education to participate in a VA program of public-private contributions for additional educational assistance for such veterans. Requires participating colleges and universities to: (1) report to the Secretary of Veterans Affairs on the manner in which the college or university would provide such additional assistance, and the amount provided to each participant; and (2) provide the same amount of additional assistance to all veterans receiving assistance at such college or university. Requires the VA to ensure that the Post-9/11 educational assistance program can be implemented by August 1, 2009. Provides authority for interim regulations.

An original bill to amend chapter 33 of title 38, United States Code, to clarify and improve authorities relating to the availability of post-9/11 veterans educational assistance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Improvement and Immigration Act of 1997''. SEC. 2. AMENDMENT OF THE ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996. (a) In General.--Section 110(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is amended to read as follows: ``(a) System.-- ``(1) In general.--Subject to paragraph (2), not later than 2 years after the date of the enactment of this Act, the Attorney General shall develop an automated entry and exit control system that will-- ``(A) collect a record of departure for every alien departing the United States and match the record of departure with the record of the alien's arrival in the United States; and ``(B) enable the Attorney General to identify, through on-line searching procedures, lawfully admitted nonimmigrants who remain in the United States beyond the period authorized by the Attorney General. ``(2) Exception.--The system under paragraph (1) shall not collect a record of arrival or departure-- ``(A) at a land border of the United States for any alien; ``(B) for any alien lawfully admitted to the United States for permanent residence; or ``(C) for any alien for whom the documentary requirements in section 212(a)(7)(B) of the Immigration and Nationality Act have been waived by the Attorney General and the Secretary of State under section 212(d)(4)(B) of the Immigration and Nationality Act.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 3009-546). SEC. 3. REPORT. (a) Requirement.--Not later than two years after the date of enactment of this Act, the Attorney General shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives on the feasibility of developing and implementing an automated entry-exit control system that would collect a record of departure for every alien departing the United States and match the record of departure with the record of the alien's arrival in the United States, including departures and arrivals at the land borders of the United States. (b) Contents of Report.--Such report shall-- (1) assess the costs and feasibility of various means of operating such an automated entry-exit control system, including exploring-- (A) how, if the automated entry-exit control system were limited to certain aliens arriving at airports, departure records of those aliens could be collected when they depart through a land border or seaport; and (B) the feasibility of the Attorney General, in consultation with the Secretary of State, negotiating reciprocal agreements with the governments of contiguous countries to collect such information on behalf of the United States and share it in an acceptable automated format; (2) consider the various means of developing such a system, including the use of pilot projects if appropriate, and assess which means would be most appropriate in which geographical regions; (3) evaluate how such a system could be implemented without increasing border traffic congestion and border crossing delays and, if any such system would increase border crossing delays, evaluate to what extent such congestion or delays would increase; and (4) estimate the length of time that would be required for any such system to be developed and implemented. SEC. 4. INCREASED RESOURCES FOR BORDER CONTROL AND ENFORCEMENT. (a) Increased Number of INS Inspectors at the Land Borders.--The Attorney General in each of fiscal years 1998, 1999, and 2000 shall increase by not less than 300 the number of full-time inspectors assigned to active duty at the land borders of the United States by the Immigration and Naturalization Service, above the number of such positions for which funds were made available for the preceding fiscal year. Not less than one-half of the inspectors added under the preceding sentence in each fiscal year shall be assigned to the northern border of the United States. (b) Increased Number of Customs Inspectors at the Land Borders.-- The Secretary of the Treasury in each of fiscal years 1998, 1999, and 2000 shall increase by not less than 150 the number of full-time inspectors assigned to active duty at the land borders of the United States by the Customs Service, above the number of such positions for which funds were made available for the preceding fiscal year. Not less than one-half of the inspectors added under the preceding sentence in each fiscal year shall be assigned to the northern border of the United States.

Border Improvement and Immigration Act of 1997 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to the automated entry-exit control system to exempt from required recordkeeping: (1) land border crossings; and (2) permanent resident and certain other aliens. Requires the Attorney General to report on the feasibility of implementing an automated entry-exit control system that would include land border arrivals and departures. Provides for increased numbers of full-time Immigration and Naturalization and Customs inspectors at U.S. land borders, with at least half of such inspectors to be assigned to the northern border.

Border Improvement and Immigration Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Oil Sanctions Act of 1995''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The efforts of the Government of Iran to acquire weapons of mass destruction and the means to deliver them and its support of international terrorism endanger the national security and foreign policy interests of the United States and those countries with which it shares common strategic and foreign policy objectives. (2) The objective of preventing the proliferation of weapons of mass destruction and international terrorism through existing multilateral and bilateral initiatives requires additional efforts to deny Iran the financial means to sustain its nuclear, chemical, biological, and missile weapons programs. SEC. 3. DECLARATION OF POLICY. The Congress declares that it is the policy of the United States to deny Iran the ability to support international terrorism and to fund the development and acquisition of weapons of mass destruction and the means to deliver them by limiting the development of petroleum resources in Iran. SEC. 4. IMPOSITION OF SANCTIONS. (a) In General.--Except as provided in subsection (d), the President shall impose one or more of the sanctions described in section 5 on a person subject to this section (in this Act referred to as a ``sanctioned person''), if the President determines that the person has, with actual knowledge, on or after the date of enactment of this Act, made an investment of more than $40,000,000 (or any combination of investments of at least $10,000,000 each, which in the aggregate exceeds $40,000,000 in any 12-month period), that significantly and materially contributed to the development of petroleum resources in Iran. (b) Persons Against Which the Sanctions Are To Be Imposed.--The sanctions described in subsection (a) shall be imposed on any person the President determines-- (1) has carried out the activities described in subsection (a); (2) is a successor entity to that person; (3) is a person that is a parent or subsidiary of that person if that parent or subsidiary with actual knowledge engaged in the activities which were the basis of that determination; and (4) is a person that is an affiliate of that person if that affiliate with actual knowledge engaged in the activities which were the basis of that determination and if that affiliate is controlled in fact by that person. (c) Publication in Federal Register.--The President shall cause to be published in the Federal Register a current list of persons that are subject to sanctions under subsection (a). The President shall remove or add the names of persons to the list published under this subsection as may be necessary. (d) Exceptions.--The President shall not be required to apply or maintain the sanctions under subsection (a)-- (1) to products or services provided under contracts entered into before the date on which the President publishes his intention to impose the sanction; or (2) to medicines, medical supplies, or other humanitarian items. SEC. 5. DESCRIPTION OF SANCTIONS. The sanctions to be imposed on a person under section 4(a) are as follows: (1) Export-import bank assistance for exports to sanctioned persons.--The President may direct the Export-Import Bank of the United States not to guarantee, insure, extend credit, or participate in the extension of credit in connection with the export of any goods or services to any sanctioned person. (2) Export sanction.--The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to a sanctioned person under-- (A) the Export Administration Act of 1979; (B) the Arms Export Control Act; (C) the Atomic Energy Act of 1954; or (D) any other statute that requires the prior review and approval of the United States Government as a condition for the exportation of goods and services, or their re-export, to any person designated by the President under section 4(a). (3) Loans from united states financial institutions.--The United States Government may prohibit any United States financial institution from making any loan or providing any credit to any sanctioned person in an amount exceeding $10,000,000 in any 12-month period (or two or more loans of more than $5,000,000 each in such period) unless such person is engaged in activities to relieve human suffering within the meaning of section 203(b)(2) of the International Emergency Economic Powers Act. (4) Prohibitions on financial institutions.--The following prohibitions may be imposed against financial institutions sanctioned under section 4(a): (A) Designation as primary dealer.--Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, such financial institution as a primary dealer in United States Government debt instruments. (B) Government funds.--Such financial institution shall not serve as agent of the United States Government or serve as repository for United States Government funds. SEC. 6. ADVISORY OPINIONS. The Secretary of State may, upon the request of any person, issue an advisory opinion, to that person as to whether a proposed activity by that person would subject that person to sanctions under this Act. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, may not be made subject to such sanctions on account of such activity. SEC. 7. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER. (a) Delay of Sanctions.-- (1) Consultations.--If the President makes a determination described in section 4(a) with respect to a foreign person, the Congress urges the President to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of sanctions pursuant to this Act. (2) Actions by government of jurisdiction.--In order to pursue such consultations with that government, the President may delay imposition of sanctions pursuant to this Act for up to 90 days. Following such consultations, the President shall immediately impose a sanction or sanctions unless the President determines and certifies to the Congress that the government has taken specific and effective actions, including, as appropriate, the imposition of appropriate penalties, to terminate the involvement of the foreign person in the activities that resulted in the determination by the President pursuant to section 4(a) concerning such person. (3) Additional delay in imposition of sanctions.--The President may delay the imposition of sanctions for up to an additional 90 days if the President determines and certifies to the Congress that the government with primary jurisdiction over the foreign person is in the process of taking the actions described in paragraph (2). (4) Report to congress.--Not later than 90 days after making a determination under section 4(a), the President shall submit to the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on International Relations of the House of Representatives a report which shall include information on the status of consultations with the appropriate foreign government under this subsection, and the basis for any determination under paragraph (3). (b) Duration of Sanctions..--The requirement to impose sanctions pursuant to section 4(a) shall remain in effect until the President determines that the sanctioned person is no longer engaging in the activity that led to the imposition of sanctions. (c) Presidential Waiver.--(1) The President may waive the requirement in section 4(a) to impose a sanction or sanctions on a person in section 4(b), and may waive the continued imposition of a sanction or sanctions under subsection (b) of this section, 15 days after the President determines and so reports to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on International Relations of the House of Representatives that it is important to the national interest of the United States to exercise such waiver authority. (2) Any such report shall provide a specific and detailed rationale for such determination, including-- (A) a description of the conduct that resulted in the determination; (B) in the case of a foreign person, an explanation of the efforts to secure the cooperation of the government with primary jurisdiction of the sanctioned person to terminate or, as appropriate, penalize the activities that resulted in the determination; (C) an estimate as to the significance of the investment to Iran's ability to develop its petroleum resources; and (D) a statement as to the response of the United States in the event that such person engages in other activities that would be subject to section 4(a). SEC. 8. TERMINATION OF SANCTIONS. The sanctions requirement of section 4 shall no longer have force or effect if the President determines and certifies to the appropriate congressional committees that Iran-- (1) has ceased its efforts to design, develop, manufacture, or acquire-- (A) a nuclear explosive device or related materials and technology; (B) chemical and biological weapons; or (C) ballistic missiles and ballistic missile launch technology; and (2) has been removed from the list of state sponsors of international terrorism under section 6(j) of the Export Administration Act of 1979. SEC. 9. REPORT REQUIRED. The President shall ensure the continued transmittal to Congress of reports describing-- (1) the nuclear and other military capabilities of Iran, as required by section 601(a) of the Nuclear Non-Proliferation Act of 1978 and section 1607 of the National Defense Authorization Act, Fiscal Year 1993; and (2) the support provided by Iran for acts of international terrorism, as part of the Department of State's annual report on international terrorism. SEC. 10. DEFINITIONS. As used in this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate and the Committees on Banking and Financial Services and International Relations of the House of Representatives. (2) Financial institution.--The term ``financial institution'' includes-- (A) a depository institution (as defined in section 3(c)(1) of the Federal Deposit Insurance Act), including a branch or agency of a foreign bank (as defined in section 1(b)(7) of the International Banking Act of 1978); (B) a credit union; (C) a securities firm, including a broker or dealer; (D) an insurance company, including an agency or underwriter; (E) any other company that provides financial services; or (F) any subsidiary of such financial institution. (3) Investment.--The term ``investment'' means-- (A) the entry into a contract that includes responsibility for the development of petroleum resources located in Iran, or the entry into a contract providing for the general supervision and guarantee of another person's performance of such a contract; (B) the purchase of a share of ownership in that development; or (C) the entry into a contract providing for participation in royalties, earnings, or profits in that development, without regard to the form of the participation. (4) Person.--The term ``person'' means a natural person as well as a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise, and any successor of any such entity. (5) Petroleum resources.--The term ``petroleum resources'' includes petroleum and natural gas resources. SEC. 11. APPLICATION OF THE ACT TO LIBYA. The sanctions of this Act, including the terms and conditions for the imposition, duration, and termination of sanctions, shall apply to persons making investments for the development of petroleum resources in Libya in the same manner as those sanctions apply under this Act to persons making investments for such development in Iran. Passed the Senate December 20, 1995. Attest: KELLY D. JOHNSTON, Secretary.

Iran Oil Sanctions Act of 1995 - Directs the President to impose certain credit sanctions against persons who, with actual knowledge, have made an investment of more than $40 million in any 12-month period that has significantly contributed to the development of petroleum resources in Iran. Requires the President to publish in the Federal Register a list of persons that are subject to such sanctions. (Sec. 6) Authorizes the Secretary of State, upon the request of any person, to issue an advisory opinion as to whether a proposed activity would subject that person to sanctions under this Act. (Sec. 7) Authorizes waiver of the requirements of this Act if the President reports to specified congressional committees that it is important to U.S. national interest to exercise such waiver. (Sec. 8) Terminates such sanctions if the President certifies to the appropriate congressional committees that Iran: (1) has ceased its efforts to develop or acquire a nuclear explosive device, chemical or biological weapons, or ballistic missiles or related launch technology; and (2) has been removed from the list of state sponsors of international terrorism. (Sec. 9) Requires the President to report periodically to the Congress on Iran's: (1) nuclear and other military capabilities; and (2) support for acts of international terrorism. (Sec. 11) Declares that the sanctions and requirements of this Act shall also apply to persons making investments for the development of petroleum resources in Libya.

Iran Oil Sanctions Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native Health Access Improvement Act of 2017''. SEC. 2. SPECIAL BEHAVIORAL HEALTH PROGRAM FOR INDIANS. Part A of title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by adding at the end the following new section: ``SEC. 506B. SPECIAL BEHAVIORAL HEALTH PROGRAM FOR INDIANS. ``(a) In General.--The Director of the Indian Health Service, in coordination with the Assistant Secretary for Mental Health and Substance Use, shall award grants for providing services in accordance with subsection (b) for the prevention and treatment of mental health and substance use disorders. ``(b) Services Through Indian Health Facilities.--For purposes of subsection (a), services are provided in accordance with this subsection if the services are provided through any of the following entities: ``(1) The Indian Health Service. ``(2) An Indian health program operated by an Indian tribe or tribal organization pursuant to a contract, grant, cooperative agreement, or compact with the Indian Health Service pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.). ``(3) An urban Indian health program operated by an urban Indian organization pursuant to a grant or contract with the Indian Health Service pursuant to title V of the Indian Health Care Improvement Act (25 U.S.C. 1651 et seq.). ``(c) Reports.--Each grantee under this section shall submit reports at such time, in such manner, and containing such information as the Director of the Indian Health Service may require. ``(d) Technical Assistance Center.-- ``(1) Establishment.--The Director of the Indian Health Service, in coordination with the Assistant Secretary for Mental Health and Substance Use, shall establish a technical assistance center (directly or by contract or cooperative agreement)-- ``(A) to provide technical assistance to grantees under this section; and ``(B) to collect and evaluate information on the program carried out under this section. ``(2) Consultation.--The technical assistance center shall consult with grantees under this section for purposes of developing evaluation measures and data submission requirements for purposes of the collection and evaluation of information under paragraph (1)(B). ``(3) Data submission.--As a condition on receipt of a grant under this section, an applicant shall agree to submit data consistent with the data submission requirements developed under paragraph (2). ``(e) Funding.-- ``(1) In general.--For the purpose of making grants under this section, there is authorized to be appropriated, and there is appropriated, out of any money in the Treasury not otherwise appropriated, $150,000,000 for each of fiscal years 2018 through 2022. ``(2) Technical assistance center.--Of the amount made available to carry out this section for each of fiscal years 2018 through 2022, the Director of the Indian Health Service shall allocate a percentage of such amount, to be determined by the Director in consultation with Indian tribes, for the technical assistance center under subsection (d). ``(f) Definitions.--In this section: ``(1) Indian health program.--The term `Indian health program' has the meaning given that term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). ``(2) Indian tribe.--The term `Indian tribe' has the meaning given that term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). ``(3) Tribal organization.--The term `tribal organization' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ``(4) Urban indian organization.--The term `urban Indian organization' has the meaning given the term `Urban Indian organization' in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).''. SEC. 3. INDIAN DEFINED IN PPACA. (a) Definition of Indian.--Section 1304 of the Patient Protection and Affordable Care Act (42 U.S.C. 18024) is amended by adding at the end the following new subsection: ``(f) Indian.-- ``(1) In general.--In this title, the term `Indian' means any individual-- ``(A) described in paragraph (13) or (28) of section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603); ``(B) who is eligible for health services provided by the Indian Health Service under section 809 of the Indian Health Care Improvement Act (25 U.S.C. 1679); ``(C) who is of Indian descent and belongs to the Indian community served by the local facilities and program of the Indian Health Service; or ``(D) who is described in paragraph (2). ``(2) Included individuals.--For purposes of this title, the following individuals shall be considered to be an `Indian': ``(A) A member of a federally recognized Indian tribe. ``(B) A resident of an urban center who meets one or more of the following four criteria: ``(i) Membership in a Tribe, band, or other organized group of Indians, including those Tribes, bands, or groups terminated since 1940 and those recognized as of the date of the enactment of the Health Equity and Accountability Act of 2016 or later by the State in which they reside, or being a descendant, in the first or second degree, of any such member. ``(ii) Is an Eskimo or Aleut or other Alaska Native. ``(iii) Is considered by the Secretary of the Interior to be an Indian for any purpose. ``(iv) Is determined to be an Indian under regulations promulgated by the Secretary. ``(C) An individual who is considered by the Secretary of the Interior to be an Indian for any purpose. ``(D) An individual who is considered by the Secretary to be an Indian for purposes of eligibility for Indian health care services, including as a California Indian, Eskimo, Aleut, or other Alaska Native.''. (b) Technical Amendments.--Section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603) is amended-- (1) in paragraph (13), by striking ``as defined in subsection (d) hereof'' and inserting ``as defined in paragraph (14)''; and (2) in paragraph (28)-- (A) by striking ``as defined in subsection (g) hereof'' and inserting ``as defined in paragraph (27)''; and (B) by striking ``subsection (c)(1) through (4)'' and inserting ``subparagraphs (A) through (D) of paragraph (13)''. (c) Conforming Amendments.-- (1) Affordable choices health benefit plans.--Section 1311(c)(6)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)(D)) is amended by striking ``section 4 of the Indian Health Care Improvement Act'' and inserting ``section 1304(f)''. (2) Reduced cost-sharing for individuals enrolling in qualified health plans.--Section 1402(d) of the Patient Protection and Affordable Care Act (42 U.S.C. 18071(d)) is amended-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``section 4(d) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(d))'' and inserting ``section 1304(f)''; and (B) in paragraph (2), in the matter preceding subparagraph (A), by striking ``(as so defined)'' and inserting ``(as defined in section 1304(f))''. (3) Exemption from penalty for not maintaining minimum essential coverage.--Section 5000A(e) of the Internal Revenue Code of 1986 is amended by striking paragraph (3) and inserting the following new paragraph: ``(3) Indians.--Any applicable individual who is an Indian (as defined in section 1304(f) of the Patient Protection and Affordable Care Act).''.

Native Health Access Improvement Act of 2017 This bill amends the Public Health Service Act to require the Indian Health Service (IHS) to award grants to Indian health facilities for the prevention and treatment of mental health and substance use disorders. The IHS must establish a technical assistance center for grantees. In addition, this bill amends the Patient Protection and Affordable Care Act to define “Indian” for purposes of health insurance reform, exchanges, and subsidies. The definition includes individuals of Indian descent who are members of an Indian community served by the IHS and individuals considered by the Department of Health and Human Services to be Indian for purposes of eligibility for Indian health care services. Individuals included in the definition are eligible for special monthly enrollment periods on health insurance exchanges and elimination of cost sharing under individual health coverage for those whose income is not more than 300% of the poverty line. Under current law, only members of Indian tribes are eligible for these benefits. The bill amends the Internal Revenue Code to exempt Indians, as defined by this bill, from the requirement to maintain minimum essential health coverage.

Native Health Access Improvement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Right-To-Know Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Individual incomes taxes amount to one of the greatest annual expenses for many Americans. (2) There is a great deal of uncertainty on the part of taxpayers concerning where and how their income tax dollars are spent. (3) Taxpayers do not receive any acknowledgment of payment from the Internal Revenue Service nor any explanation itemizing how their tax payments are spent. (4) There presently exists no straightforward way for a taxpayer to determine exactly how much he or she paid for specific governmental activities. (5) The failure to provide taxpayers with an itemized listing showing how their tax dollars are spent contributes to a lack of knowledge about the Government and subsequently to a less informed electorate. (6) The Internal Revenue Service must update its technology and treat taxpayer information as a strategic asset to improve customer service. (7) Taxpayer education by the Internal Revenue Service aimed at showing taxpayers how their tax dollars are spent leads to increased compliance. (b) Purposes.--The purposes of this Act are as follows: (1) To educate individual income tax filers about how much they contribute annually, in actual dollars and cents, to various governmental programs, projects, and activities. (2) To improve the public's understanding of the Federal Government. (3) To enhance the public's level of satisfaction with the Internal Revenue Service. SEC. 3. ITEMIZED INCOME TAX RECEIPT. (a) In General.--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. 7525. TAXPAYER REQUEST FOR INCOME TAX RECEIPT. ``(a) In General.--At the request of any taxpayer who files an individual income tax return, the Secretary shall send to such taxpayer an itemized receipt showing a proportionate allocation (in money terms) of the taxpayer's total tax payments among the major expenditure categories. ``(b) Total Tax Payments.--For purposes of subsection (a), total tax payments of an individual for any taxable year are-- ``(1) the tax imposed by subtitle A for such taxable year (as shown on his return), and ``(2) the tax imposed by section 3101 on wages received during such taxable year. ``(c) Content of Tax Receipt.-- ``(1) Major expenditure categories.--For purposes of subsection (a), the major expenditure categories are: ``(A) National defense. ``(B) International affairs. ``(C) Medicaid. ``(D) Medicare. ``(E) Means-tested entitlements. ``(F) Domestic discretionary. ``(G) Social Security. ``(H) Interest payments. ``(I) All other. ``(2) Other items on receipt.--In addition, the tax receipt shall include selected examples of more specific expenditure items, either at the budget function, subfunction, or program, project, or activity levels, along with any other information deemed appropriate by the Secretary and the Director of the Office of Management and Budget to enhance taxpayer understanding of the Federal budget. ``(d) Manner and Time of Request.--A request for a tax receipt as described in subsection (c) shall be made with respect to any taxable year at the time of filing the return imposed by chapter 1 for such taxable year. A receipt shall be made available to a requesting taxpayer as soon as practicable upon the processing of that taxpayer's Federal income tax return by the Internal Revenue Service. ``(e) Use of New Technologies.--The Internal Revenue Service is encouraged to utilize modern technologies such as electronic mail and the Internet to minimize the cost of sending receipts to taxpayers. The Internal Revenue Service shall establish an interactive program on its Internet website to allow taxpayers to generate income tax receipts on their own. ``(f) Cost.--No charge shall be imposed to cover any cost associated with the production or distribution of the tax receipt. ``(g) Regulations.--The Secretary may prescribe such regulations as may be necessary to carry out this section.''. (b) Clerical Amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7525. Taxpayer request for income tax receipt.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997.

Taxpayer Right-To-Know Act of 1997 - Amends the Internal Revenue Code to require the Secretary of the Treasury, at the request of a taxpayer, to send the taxpayer an itemized receipt showing a proportionate allocation of the taxpayer's payments among the major expenditure categories.

Taxpayer Right-To-Know Act of 1997

SECTION 1. DEPOSITORY INSTITUTIONS DISASTER RELIEF. (a) Truth in Lending Act; Expedited Funds Availability Act.-- (1) Truth in lending act.--During the 240-day period beginning on the date of enactment of this Act, the Board of Governors of the Federal Reserve System may make exceptions to the Truth in Lending Act for transactions within an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined, on or after July 1, 1994, that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1994 flooding in Georgia, Alabama, and Florida resulting from Tropical Storm Alberto, if the Board determines that the exception can reasonably be expected to alleviate hardships to the public resulting from such disaster that outweigh possible adverse effects. (2) Expedited funds availability act.--During the 240-day period beginning on the date of enactment of this Act, the Board of Governors of the Federal Reserve System may make exceptions to the Expedited Funds Availability Act for depository institution offices located within any area referred to in paragraph (1) of this section if the Board determines that the exception can reasonably be expected to alleviate hardships to the public resulting from such disaster that outweigh possible adverse effects. (3) Time limit on exceptions.--Any exception made under this subsection shall expire not later than January 1, 1996. (4) Publication required.--The Board of Governors of the Federal Reserve System shall publish in the Federal Register a statement that-- (A) describes any exception made under this subsection; and (B) explains how the exception can reasonably be expected to produce benefits to the public that outweigh possible adverse effects. (b) Deposit of Insurance Proceeds.-- (1) In general.--The appropriate Federal banking agency may, by order, permit an insured depository institution to subtract from the institution's total assets, in calculating compliance with the leverage limit prescribed under section 38 of the Federal Deposit Insurance Act, an amount not exceeding the qualifying amount attributable to insurance proceeds, if the agency determines that-- (A) the institution-- (i) had its principal place of business within an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined, on or after July 1, 1994, that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1994 flooding in Georgia, Alabama, and Florida resulting from Tropical Storm Alberto, on the day before the date of any such determination; (ii) derives more than 60 percent of its total deposits from persons who normally reside within, or whose principal place of business is normally within, areas of intense devastation caused by the major disaster; (iii) was adequately capitalized (as defined in section 38 of the Federal Deposit Insurance Act) before the major disaster; and (iv) has an acceptable plan for managing the increase in its total assets and total deposits; and (B) the subtraction is consistent with the purpose of section 38 of the Federal Deposit Insurance Act. (2) Time limit on exceptions.--Any exception made under this subsection shall expire not later than January 1, 1996. (3) Definitions.--For purposes of this subsection, the following definitions shall apply: (A) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (B) Insured depository institution.--The term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (C) Leverage limit.--The term ``leverage limit'' has the same meaning as in section 38 of the Federal Deposit Insurance Act. (D) Qualifying amount attributable to insurance proceeds.--The term ``qualifying amount attributable to insurance proceeds'' means the amount (if any) by which the institution's total assets exceed the institution's average total assets during the calendar quarter ending before the date of any determination referred to in paragraph (1)(A)(i), because of the deposit of insurance payments or governmental assistance made with respect to damage caused by, or other costs resulting from, the major disaster. (c) Banking Agency Publication Requirements.-- (1) In general.--A qualifying regulatory agency may take any of the following actions with respect to depository institutions or other regulated entities whose principal place of business is within, or with respect to transactions or activities within, an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined, on or after July 1, 1994, that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1994 flooding in Georgia, Alabama, and Florida resulting from Tropical Storm Alberto, if the agency determines that the action would facilitate recovery from the major disaster: (A) Procedure.--Exercising the agency's authority under provisions of law other than this subsection without complying with-- (i) any requirement of section 553 of title 5, United States Code; or (ii) any provision of law that requires notice or opportunity for hearing or sets maximum or minimum time limits with respect to agency action. (B) Publication requirements.--Making exceptions, with respect to institutions or other entities for which the agency is the primary Federal regulator, to-- (i) any publication requirement with respect to establishing branches or other deposit-taking facilities; or (ii) any similar publication requirement. (2) Publication required.--A qualifying regulatory agency shall publish in the Federal Register a statement that-- (A) describes any action taken under this subsection; and (B) explains the need for the action. (3) Qualifying regulatory agency defined.--For purposes of this subsection, the term ``qualifying regulatory agency'' means-- (A) the Board of Governors of the Federal Reserve System; (B) the Comptroller of the Currency; (C) the Director of the Office of Thrift Supervision; (D) the Federal Deposit Insurance Corporation; (E) the Financial Institutions Examination Council; (F) the National Credit Union Administration; and (G) with respect to chapter 53 of title 31, United States Code, the Secretary of the Treasury. (4) Expiration.--Any exception made under this subsection shall expire not later than January 1, 1996. (d) Sense of the Congress.--It is the sense of the Congress that the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Federal Deposit Insurance Corporation, and the National Credit Union Administration should encourage depository institutions to meet the financial services needs of their communities and customers located in areas affected by the 1994 flooding in Georgia, Alabama, and Florida resulting from Tropical Storm Alberto. (e) Other Authority Not Affected.--Nothing in this section limits the authority of any department or agency under any other provision of law. Passed the Senate August 25 (legislative day, August 18), 1994. Attest: MARTHA S. POPE, Secretary.

Directs the Board of Governors of the Federal Reserve System to make exceptions to the Truth in Lending Act and the Expedited Funds Availability Act for a specified time for transactions within an area eligible for disaster relief due to the 1994 flood damage from Tropical Storm Alberto (the Storm) in Georgia, Alabama, and Florida (if it determines that this can alleviate hardships to the public that outweigh possible adverse effects). Cites circumstances under which the appropriate Federal banking agency may permit an insured depository institution in the disaster area, in calculating compliance with the leverage limit prescribed by the Federal Deposit Insurance Act, to subtract from its total assets an amount not exceeding the qualifying amount attributable to insurance proceeds. Expresses the sense of the Congress that specified Federal banking regulatory agencies should encourage depository institutions to meet the financial services needs of their communities and customers located in such disaster areas affected by the Storm.

A bill to facilitate recovery from the recent flooding in Georgia, Alabama, and Florida resulting from Tropical Storm Alberto by providing greater flexibility for depository institutions and their regulators, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coal-to-Liquid Fuel Energy Act of 2006''. SEC. 2. DEFINITION. In this Act: (1) Coal-to-liquid fuel.--The term ``coal-to-liquid fuel'' means any liquid fuel derived from coal through the Fischer- Tropsch process. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. COAL-TO-LIQUID FUEL LOAN GUARANTEE PROGRAM. Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end the following: ``(11) Large-scale coal-to-liquid fuel facilities (as defined in section 2 of the Coal-to-Liquid Fuel Energy Act of 2006).''. SEC. 4. COAL-TO-LIQUID FUEL FACILITIES LOAN PROGRAM. (a) Definition of Eligible Recipient.--In this section, the term ``eligible recipient'' means an individual, organization, or other entity that owns, operates, or plans to construct a coal-to-liquid fuel facility that will produce at least 10,000 barrels per day of coal-to- liquid fuel. (b) Establishment.--The Secretary shall establish a program under which the Secretary shall provide loans, in a total amount not to exceed $20,000,000, for use by eligible recipients to pay the Federal share of the cost of obtaining any services necessary for the planning, permitting, and construction of a coal-to-liquid fuel facility. (c) Application.--To be eligible to receive a loan under subsection (b), an owner or operator of a coal-to-liquid fuel facility shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Non-Federal Match.--To be eligible to receive a loan under this section, an eligible recipient shall use non-Federal funds to provide a dollar-for-dollar match of the amount of the loan. (e) Repayment of Loan.-- (1) In general.--To be eligible to receive a loan under this section, an eligible recipient shall agree to repay the original amount of the loan to the Secretary not later than 5 years after the date of the receipt of the loan. (2) Source of funds.--Repayment of a loan under paragraph (1) may be made from any financing or assistance received for the construction of a coal-to-liquid fuel facility described in subsection (a), including a loan guarantee provided under section 1703(b)(11) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)(11)). (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $200,000,000, to remain available until expended. SEC. 5. STRATEGIC PETROLEUM RESERVE. (a) Development, Operation, and Maintenance of Reserve.--Section 159 of the Energy Policy and Conservation Act (42 U.S.C. 6239) is amended-- (1) by redesignating subsections (f), (g), (j), (k), and (l) as subsections (a), (b), (d), (e), and (f), respectively; and (2) by inserting after subsection (b) (as redesignated by paragraph (1)) the following new subsection: ``(c) Study of Maintaining Coal-to-Liquid Fuel Products in Reserve.--Not later than 1 year after the date of enactment of the Coal-to-Liquid Fuel Energy Act of 2006, the Secretary shall-- ``(1) conduct a study of the feasibility and suitability of maintaining coal-to-liquid fuel products in the Reserve; and ``(2) submit to the Committee on Energy and Natural Resources and the Committee on Armed Services of the Senate and the Committee on Energy and Commerce and the Committee on Armed Services of the House of Representatives a report describing the results of the study.''. (b) Petroleum Products for Storage in Reserve.--Section 160 of the Energy Policy and Conservation Act (42 U.S.C. 6240) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting a semicolon at the end; (B) in paragraph (2), by striking ``and'' at the end; (C) in paragraph (3), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(4) coal-to-liquid fuel products (as defined in section 2 of the Coal-to-Liquid Fuel Energy Act of 2006), as the Secretary determines to be appropriate, in a quantity not to exceed 20 percent of the total quantity of petroleum products in the Reserve.''; (2) in subsection (b), by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; and (3) by redesignating subsections (f) and (h) as subsections (d) and (e), respectively. (c) Conforming Amendments.--Section 167 of the Energy Policy and Conservation Act (42 U.S.C. 6247) is amended-- (1) in subsection (b)-- (A) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (B) in paragraph (2) (as redesignated by subparagraph (A)), by striking ``section 160(f)'' and inserting ``section 160(e)''; and (2) in subsection (d), in the matter preceding paragraph (1), by striking ``section 160(f)'' and inserting ``section 160(e)''. SEC. 6. EXTENSION OF EXCISE TAX CREDITS FOR CERTAIN LIQUID FUEL DERIVED FROM COAL. (a) Alternative Fuel Credit.--Paragraph (4) of section 6426(d) of the Internal Revenue Code of 1986 (relating to termination) is amended by inserting ``(December 31, 2020, in the case of any sale or use involving liquid fuel derived from coal which is described in paragraph (2)(E))'' before the period at the end. (b) Alternative Fuel Mixture Credit.--Paragraph (3) of section 6426(e) of such Code (relating to termination) is amended by inserting ``(December 31, 2020, in the case of any sale or use involving liquid fuel derived from coal which is described in subsection (d)(2)(E))'' before the period at the end. (c) Refundability of Credit.--Paragraph (5) of section 6427(e) of such Code (relating to termination) is amended-- (1) by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(E) any alternative fuel or alternative fuel mixture (as so defined) involving liquid fuel derived from coal which is described in section 6426(d)(2)(E) sold or used after December 31, 2020.'', and (2) by inserting ``or (E)'' after ``subparagraph (D)'' in subparagraph (C). (d) Effective Date.--The amendments made by this section shall apply to any sale or use for any period after September 30, 2006.

Coal-to-Liquid Fuel Energy Act of 2006 - Amends the Energy Policy Act of 2005 to include among the projects eligible for Department of Energy (DOE) loan guarantees large-scale coal-to-liquid fuel facilities that will produce at least 10,000 barrels a day of coal-to-liquid fuel. Instructs the Secretary of Energy to establish a federal loan program for use by eligible recipients pay the federal share of the cost of obtaining services necessary for the planning, permitting, and construction of a coal-to-liquid fuel facility. Amends the Energy Policy and Conservation Act to direct the Secretary to study and report to certain congressional committees on the feasibility and suitability of maintaining coal-to-liquid products in the Strategic Petroleum Reserve (SPR). Authorizes the Secretary to acquire, place in storage, transport, or exchange coal-to-liquid products, not to exceed 20% of the total quantity of petroleum products in the SPR. Amends the Internal Revenue Code to extend excise tax credits for certain alternative fuels and alternative fuel mixtures.

To provide further incentives for the commercialization of coal-to-liquid fuel activities.

SECTION 1. GRANTS FOR THE SECRETARY OF THE INTERIOR. (a) In General.--Section 1121 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331) is amended-- (1) in the section heading, by striking ``the outlying areas and''; (2) by amending subsection (a) to read as follows: ``(a) Reservation of Funds.-- ``(1) In general.--From the amount appropriated for payments to States for any fiscal year under sections 1002(a) and 1125A(f), the Secretary shall reserve-- ``(A) for each fiscal year until the fiscal year described in paragraph (2), .67 percent to provide assistance to the Secretary of the Interior in the amount necessary to make payments pursuant to subsection (b); and ``(B) for the fiscal year described in paragraph (2) and each succeeding fiscal year, 0.75 percent to provide assistance to the Secretary of the Interior in the amount necessary to make payments pursuant to such subsection. ``(2) Description of fiscal year.--A fiscal year described in this paragraph is a fiscal year for which the total amount allocated under this part for each State, after reserving funds in accordance with paragraph (1)(B), would be an amount that is not less than the total amount allocated under this part for such State for fiscal year 2015.''; (3) by striking subsections (b) and (c); (4) by redesignating subsection (d) as subsection (b); and (5) in subsection (b), as so redesignated-- (A) by amending paragraph (1) to read as follows: ``(1) In general.--The amount allotted for payments to the Secretary of the Interior under subsection (a) for any fiscal year shall be used to meet the special educational needs of-- ``(A) Indian children on reservations served by elementary schools and secondary schools for Indian children operated or supported by the Department of the Interior; and ``(B) out-of-State Indian children in elementary schools and secondary schools in local educational agencies under special contracts with the Department of the Interior.''; and (B) in paragraph (2), by striking ``subsection (a)(2)'' and inserting ``subsection (a)''. (b) Conforming Amendments.--The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended-- (1) in paragraph (30) of section 9101, by striking ``section 1121(b) and any other'' and inserting ``any''; and (2) in paragraph (2)(B)(i), of section 5477, by striking ``eligible under section 1121(d)(1)(A)'' and inserting ``eligible under section 1121(b)(1)(A)''. SEC. 2. ALLOCATIONS TO STATES. Section 1122 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6332) is amended by striking subsection (e). SEC. 3. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES. Section 1124(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(d)) is amended-- (1) in paragraph (2), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (3) by striking ``Notwithstanding section 1122'' and inserting the following: ``(1) In general.--Notwithstanding section 1122 and except as provided in paragraph (2)''; (4) in paragraph (1)(B)(i) (as so redesignated), by striking ``calculated in paragraph (1)'' and inserting ``calculated in subparagraph (A)''; and (5) by adding at the end the following new paragraph: ``(2) Exception.--American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands shall each receive one-half of the lesser of the amounts calculated for each such jurisdiction under subparagraphs (A) and (B) of paragraph (1).''. SEC. 4. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL AGENCIES. Section 1124A(a)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6334(a)(1)(B)) is amended-- (1) by inserting ``State minimum.--'' after the subparagraph enumerator; (2) in clause (ii)-- (A) in subclause (II), by redesignating items (aa) and (bb) as subitems (AA) and (BB), respectively, and indenting appropriately; and (B) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and indenting appropriately; (3) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (4) by striking ``Notwithstanding section 1122'' and inserting the following: ``(i) In general.--Notwithstanding section 1122 and except as provided in clause (ii)''; (5) in clause (i)(II)(aa) (as so redesignated) by striking ``calculated under clause (i)'' and inserting ``calculated under subclause (I)''; and (6) by adding at the end the following new clause: ``(ii) Exception.--American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands shall each receive one-half of the lesser of the amounts calculated for each such jurisdiction under subclauses (I) and (II) of clause (i).''. SEC. 5. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES. Section 1125(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6335(e)) is amended-- (1) in paragraph (2), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (3) by striking ``Notwithstanding any other provision of this section or section 1122'' and inserting the following: ``(1) In general.--Notwithstanding section 1122 and except as provided in paragraph (2)''; and (4) by adding at the end the following new paragraph: ``(2) Exception.--American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands shall each receive one-half of the lesser of the amounts calculated for each such jurisdiction under subparagraphs (A) and (B) of paragraph (1).''. SEC. 6. EDUCATION FINANCE INCENTIVE GRANT PROGRAM. Section 1125A(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6337(b)) is amended-- (1) in paragraph (1)(B)-- (A) in clause (ii), by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and indenting appropriately; (B) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (C) by striking ``Notwithstanding any other provision of this section or section 1122'' and inserting the following: ``(i) In general.--Notwithstanding section 1122 and except as provided in clause (ii)''; and (D) by adding at the end the following new clause: ``(ii) Exception.--American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands shall each receive one-half of the lesser of the amounts calculated for each such jurisdiction under subclauses (I) and (II) of clause (i).''; and (2) in paragraph (2)(B)-- (A) in the subparagraph heading, by inserting ``and certain outlying areas'' before the period at the end; and (B) by adding after ``Commonwealth of Puerto Rico'' the following: ``, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands''.

Amends part A of title I of the Elementary and Secondary Education Act of 1965 to eliminate the current reservation of 1% of the school improvement funds for outlying areas and Indian education. Reserves .67% of the school improvement funds for Indian education, but raises that reservation to .75% beginning with the fiscal year the allocations to states equal or surpass FY2015 levels after subtracting .75% of those allocations for Indian education. Establishes formulae for determining the minimum allotment to American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands of school improvement funds for: (1) basic grants to local educational agencies (LEAs), (2) concentration grants to LEAs, (3) targeted grants to LEAs, and (4) grants under the education finance incentive grant program.

To amend the Elementary and Secondary Education Act of 1965 to adjust funding levels for certain outlying areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Cardiovascular Diseases Research and Prevention Act''. SEC. 2. FINDINGS. The Congress finds as follows with respect to women in the United States: (1) Heart attack, stroke, and other cardiovascular diseases are the leading causes of death in women. (2) Heart attacks and strokes are leading causes of disability in women. (3) Cardiovascular diseases claim the lives of more women each year than does cancer. Each year more than 500,000 females die of cardiovascular diseases, while approximately 254,000 females die of cancer. Heart attack kills more than 5\1/2\ times as many females as breast cancer. Stroke kills twice as many females as breast cancer. (4) More than 1 in 5 females has some form of cardiovascular disease. Of females under age 65, each year approximately 20,000 die of heart attacks. In the case of African-American women, from ages 35 to 74 the death rate from heart attacks is 38 percent higher than that of white women. (5) Each year since 1984, cardiovascular diseases have claimed the lives of more females than males. In 1993, of the number of individuals who died of such diseases, 52 percent were females and 48 percent were males. (6) The clinical course of cardiovascular diseases is different in women than in men, and current diagnostic capabilities are less accurate in women than in men. Once a woman develops a cardiovascular disease, she is more likely than a man to have continuing health problems, and she is more likely to die. (7) Of women who have had a heart attack, approximately 44 percent die within 1 year of the attack. Of men who have had such an attack, 27 percent die within 1 year. At older ages, women who have had a heart attack are twice as likely as men to die from the attack within a few weeks. Women are more likely than men to have a stroke during the first 6 years following a heart attack. More than 60 percent of women who suffer a stroke die within 12 years. Long-term survivorship of stroke is better in women than in men. Of individuals who die from a stroke, each year approximately 61 percent are females. In 1993, 91,060 females died from strokes. Women have unrecognized heart attacks more frequently than men. Of women who died suddenly from heart attack, 63 percent had no previous evidence of disease. (8) More than half of the annual health care costs that are related to cardiovascular diseases are attributable to the occurrence of the diseases in women, each year costing this nation hundreds of billions of dollars in health care costs and lost productivity. (9) A number of recent studies have found that hormone replacement therapy contributes to the reduction of risk factors for cardiovascular disease in postmenopausal women and may reduce the risk of cardiovascular mortality in such women by as much as 50 percent. SEC. 3. EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING HEART ATTACK, STROKE AND OTHER CARDIOVASCULAR DISEASES IN WOMEN. Subpart 2 of part C of title IV of the Public Health Service Act (42 U.S.C. 285b et seq.) is amended by inserting after section 424 the following section: ``heart attack, stroke, and other cardiovascular diseases in women ``Sec. 424A. (a) In General.--The Director of the Institute shall expand, intensify, and coordinate research and related activities of the Institute with respect to heart attack, stroke, and other cardiovascular diseases in women. ``(b) Coordination With Other Institutes.--The Director of the Institute shall coordinate activities under subsection (a) with similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to heart attack, stroke, and other cardiovascular diseases in women. ``(c) Certain Programs.--In carrying out subsection (a), the Director of the Institute shall conduct or support research to expand the understanding of the causes of, and to develop methods for preventing, cardiovascular diseases in women. Activities under such subsection shall include conducting and supporting the following: ``(1) Research to determine the reasons underlying the prevalence of heart attack, stroke, and other cardiovascular diseases in women, including African-American women and other women who are members of racial or ethnic minority groups. ``(2) Basic research concerning the etiology and causes of cardiovascular diseases in women. ``(3) Epidemiological studies to address the frequency and natural history of such diseases and the differences among men and women, and among racial and ethnic groups, with respect to such diseases. ``(4) The development of safe, efficient, and cost- effective diagnostic approaches to evaluating women with suspected ischemic heart disease. ``(5) Clinical research for the development and evaluation of new treatments for women, including rehabilitation. ``(6) Studies to gain a better understanding of methods of preventing cardiovascular diseases in women, including applications of effective methods for the control of blood pressure, lipids, and obesity. ``(7) Information and education programs for patients and health care providers on risk factors associated with heart attack, stroke, and other cardiovascular diseases in women, and on the importance of the prevention or control of such risk factors and timely referral with appropriate diagnosis and treatment. Such programs shall include information and education on health-related behaviors that can improve such important risk factors as smoking, obesity, high blood cholesterol, and lack of exercise. ``(d) Activities Regarding Hormone Replacement Therapy.--Activities carried out under subsection (c) shall include information and education programs for patients and health care providers on the benefits and risks of hormone replacement therapy and the role of such therapy in reducing the risk of cardiovascular disease in women. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $140,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000. The authorization of appropriations established in the preceding sentence is in addition to any other authorization of appropriation that is available for such purpose.''.

Women's Cardiovascular Diseases Research and Prevention Act - Amends the Public Health Service Act to mandate expansion, intensification, and coordination of research and related activities of the National Heart, Lung, and Blood Institute with regard to cardiovascular diseases in women. Authorizes appropriations.

Women's Cardiovascular Diseases Research and Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pay Workers a Living Wage Act''. SEC. 2. MINIMUM WAGE INCREASES. (a) Minimum Wage.-- (1) In general.--Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows: ``(1) except as otherwise provided in this section, not less than-- ``(A) $9.00 an hour, beginning on January 1, 2016, or the first day of the third month that begins after the date of enactment of the Pay Workers a Living Wage Act, whichever date is later; ``(B) $10.50 an hour, beginning 1 year after the date the wage specified in subparagraph (A) takes effect; ``(C) $12.00 an hour, beginning 2 years after such date; ``(D) $13.50 an hour, beginning 3 years after such date; ``(E) $15.00 an hour, beginning 4 years after such date; and ``(F) beginning on the date that is 5 years after such date, and annually thereafter, the amount determined by the Secretary pursuant to subsection (h);''. (2) Determination based on increase in the median hourly wage of all employees.--Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h)(1) Each year, by not later than the date that is 90 days before a new minimum wage determined under subsection (a)(1)(F) is to take effect, the Secretary shall determine the minimum wage to be in effect pursuant to this subsection for each period described in subsection (a)(1)(F). The wage determined pursuant to this subsection for a year shall be-- ``(A) not less than the amount in effect under subsection (a)(1) on the date of such determination; ``(B) increased from such amount by the annual percentage increase in the median hourly wage of all employees, as determined by the Bureau of Labor Statistics; and ``(C) rounded to the nearest multiple of $0.05. ``(2) In calculating the annual percentage increase in the median hourly wage of all employees for purposes of paragraph (1)(B), the Secretary through the Bureau of Labor Statistics shall compile data on the hourly wages of all employees to determine such a median hourly wage and compare such median hourly wage for the most recent year for which data are available with the median hourly wage determined for the preceding year.''. (b) Base Minimum Wage for Tipped Employees.--Section 3(m)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(1)) is amended to read as follows: ``(1) the cash wage paid such employee, which for purposes of such determination shall be not less than-- ``(A) for the 1-year period beginning on January 1, 2016, or the first day of the third month that begins after the date of enactment of the Pay Workers a Living Wage Act, whichever date is later, $3.15 an hour; ``(B) for each succeeding 1-year period until the hourly wage under this paragraph equals the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this paragraph for the preceding year, increased by the lesser of-- ``(i) $1.50; or ``(ii) the amount necessary for the wage in effect under this paragraph to equal the wage in effect under section 6(a)(1) for such period, rounded to the nearest multiple of $0.05; and ``(C) for each succeeding 1-year period after the year in which the hourly wage under this paragraph first equals the wage in effect under section 6(a)(1) for the same period, the amount necessary to ensure that the wage in effect under this paragraph remains equal to the wage in effect under section 6(a)(1), rounded to the nearest multiple of $0.05; and''. (c) Tips Retained by Employees.--Section 3(m) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)) is amended-- (1) in the second sentence of the matter following paragraph (2), by striking ``of this subsection, and all tips received by such employee have been retained by the employee'' and inserting ``of this subsection. Any employee shall have the right to retain any tips received by such employee''; and (2) by adding at the end the following: ``An employer shall inform each employee of the right and exception provided under the preceding sentence.''. (d) Scheduled Repeal of Separate Minimum Wage for Tipped Employees.-- (1) Tipped employees.--Effective on the date described in paragraph (3), section 3(m) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)), as amended by subsections (b) and (c), is amended by striking the sentence beginning with ``In determining the wage an employer is required to pay a tipped employee,'' and all that follows through ``of this subsection.'' and inserting ``The wage required to be paid to a tipped employee shall be the wage set forth in section 6(a)(1).''. (2) Publication of notice.--Effective on the date described in paragraph (3), section 6(i) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(i)), as added by subsection (e), is amended by striking ``or required for tipped employees'' and all that follows through ``(as applicable)''. (3) Effective date.--The amendments made by paragraphs (1) and (2) shall take effect on the date that is one day after the date on which the hourly wage under section 3(m)(1)(C) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(1)(C)) takes effect. (e) Youth Minimum Wage.--Section (6)(g)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)) is amended by striking ``a wage which is not less than $4.25 an hour'' and inserting ``a wage at a rate that is not less than the rate prescribed by subsection (a)(1), reduced by $3.00 per hour''. (f) Publication of Notice.--Section 6 of the Fair Labor Standards Act of 1938 (as amended by subsections (a) and (e)) (29 U.S.C. 206) is further amended by adding at the end the following: ``(i)(1) Not later than 60 days prior to the effective date of any adjusted required wage, the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing the amount of the adjusted required wage. ``(2) In this subsection, the term `adjusted required wage' means any increase in the minimum wage that is-- ``(A) determined under subsection (h); ``(B) required for tipped employees in accordance with subparagraph (B) or (C) of section 3(m)(1) (as applicable); or ``(C) required for employees who have not attained the age of 20 years in accordance with subsection (g).''. (g) Effective Date.--The amendments made by subsections (a), (b), and (e) shall take effect on January 1, 2016, or the first day of the third month that begins after the date of enactment of this Act, whichever date is later.

Pay Workers a Living Wage Act This bill amends the Fair Labor Standards Act of 1938 (FLSA) to increase the federal minimum wage for employees to: (1) $9.00 an hour on January 1, 2016, or, if later, on the first day of the third month after enactment of this Act; (2) $10.50 an hour after one year; (3) $12.00 an hour after two years; (4) $13.50 an hour after three years; (5) $15.00 an hour after four years; and (6) the amount the Department of Labor determines (based on increases in the median hourly wage of all employees) after five years, and annually thereafter. The federal minimum wage for tipped employees shall increase to $3.15 an hour for one year on January 1, 2016, or the first day of the third month after enactment of this Act, whichever is later. Subsequent annual adjustments of the wage increase, according to a specified formula, shall ensure that it remains equal to the wage in effect under FLSA for other employees. Employers must notify their employees of the right to retain any received tips. The separate minimum wage requirements for tipped employees shall end, effective one day after the hourly wage established for them under this Act takes effect. Any employer may pay any newly hired employee under age 20, during the first 90 consecutive days after initial employment, a wage at a rate (currently $4.25 per hour) that is not less than the standard minimum rate, reduced by $3.00 per hour. The Secretary must publish the amount of any upwardly adjusted required wage in the Federal Register and on the Department of Labor's website 60 days before it takes effect.

Pay Workers a Living Wage Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bridges from Jobs to Careers Act''. SEC. 2. GRANTS TO CREATE BRIDGES FROM JOBS TO CAREERS. (a) Authorization of Program.--From amounts appropriated under subsection (k), the Secretary shall award grants, on a competitive basis, to institutions of higher education for the purposes of improving remedial education, including English language instruction, to customize remediation to student career goals, and to help students move rapidly from remediation into for-credit occupational program courses and through program completion. The grants shall focus in particular on creating bridges to for-credit occupational certificate programs that are articulated to degree programs. (b) Application.--An eligible institution 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. (c) Priorities.--The Secretary shall give priority to applications that-- (1) are from institutions of higher education in which not less than 50 percent of the institution's entering first-year students are enrolled in developmental courses to bring reading, writing, or mathematics skills up to college-level; and (2) propose to replicate practices that have proven effective with adults and to applications that propose to collaborate with adult education providers. (d) Peer Review.--The Secretary shall convene a peer review process to review applications for grants under this section and to make recommendations to the Secretary regarding the selection of grantees. (e) Mandatory Activity.--An eligible institution that receives a grant under this section shall use the grant funds to create workforce bridge programs that customize developmental education curricula, including English language instruction, to the content of the for- credit occupational certificate or degree programs, or clusters of programs, in which developmental education students seek to enroll. Such bridge programs may include those that integrate the curricula and the instruction of both remediation and college-level coursework or dual enroll students in remediation and college-level coursework. (f) Permissible Activities.--An eligible institution that receives a grant under this section, in addition to creating workforce bridge programs, may use the grant funds to carry out the following: (1) Design and implement innovative ways to improve retention in and completion of developmental education courses, including but not limited to enrolling students in cohorts, accelerating course content, integrating remediation and college-level curricula and instruction, dual enrolling students in remediation and college-level courses, tutoring, providing counseling and other supportive services, and giving small, material incentives for attendance and performance. (2) In consultation with faculty in the appropriate departments, redesignating class schedules to meet the needs of working adults, such as by creating evening, weekend, modular, compressed, distance learning formats or other alternative schedules. (3) Improving the quality of teaching in remedial courses through professional development, reclassification of such teaching positions, or other means the eligible institution determines appropriate. (4) Any other activities the eligible institution and the Secretary determine will promote retention of and completion by students attending institutions of higher education. (5) Fully advise students on the range of options and programs available, which may include: diploma; certification; 2-year degree; associate's degree; transfer degree to upper division; and career options. (g) Grant Period.--Grants made under this section shall be for a period of not less than 36 months and not more than 60 months. (h) Technical Assistance.--The Secretary shall provide technical assistance to grantees under this section throughout the grant period. (i) Evaluation.--The Secretary shall conduct an evaluation of program impacts under the demonstration program, and shall disseminate to the public the findings from the evaluation and information on best practices. The Secretary is encouraged to partner with other providers of funds, such as private foundations, to allow for use of a random assignment evaluation in at least one of the demonstration sites. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $35,000,000 for fiscal year 2009 and each of the 4 succeeding fiscal years, of which an aggregate of not more than 5 percent may be used to carry out subsections (i) and (j). (k) Definition of Institution.--In this section, the term ``institution of higher education'' means an institution of higher education as defined in section 101(a).

Bridges from Jobs to Careers Act - Directs the Secretary of Education to award competitive grants to institutions of higher education (IHEs) to improve remedial education, customize remediation to student career goals, and help remedial students progress into and through for-credit occupational programs. Gives grant priority to IHEs: (1) in which at least 50% of the first-year students are enrolled in remedial courses designed to give them collegiate reading, writing, or mathematics skills; and (2) that propose to collaborate with adult education providers and replicate practices that have proven effective with adults.

To provide grants to colleges to improve remedial education (including English language instruction), to customize remediation to student career goals, and to help students move rapidly from remediation into for-credit occupation program courses and through program completion.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Jobs Through Cooperatives Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) That Federal policy can promote cooperative development, which demonstrably has the following benefits for communities located in such areas: (A) Advancing local economic stability. (B) Increasing local circulation of capital, thereby increasing economic multipliers and the impact of community investment to spur locally oriented economic growth. (C) Developing, attracting, and anchoring new productive capital in low-income communities. (D) Expanding investment opportunities and asset creation for low- and moderate-income Americans. (2) Cooperatives operate in all 50 States and across all sectors of the United States economy, including industries such as energy, telecommunications, food distribution, insurance, credit unions, agriculture, health, housing, and wholesale and retail purchasing and distribution (3) There are 29,000 cooperatives in the United States that account for more than $3 trillion in assets, over $500 billion in total revenue, $25 billion in wages and benefits, and nearly two million jobs (b) Purpose.--The purpose of this Act is to establish a Federal program that will create jobs and increase economic development by promoting cooperative development. SEC. 3. DEFINITIONS. In this Act: (1) Cooperative development.--The term ``cooperative development'' means technical assistance provided for the purpose of-- (A) providing financial forecasting, feasibility analysis, business planning, and other preparatory activity to ensure that a cooperative organization, or organizations that are in the process of establishing such an organization, are grounded in sound business practices; (B) assisting with establishing incorporation documents, bylaws, and policies that ensure that cooperative organizations-- (i) adhere to legal obligations of a local or State government or the Federal Government; and (ii) are governed by transparent and agreed-upon rules; (C) educating, with respect to how cooperative organizations function-- (i) board members, management, and employees of cooperative organizations; (ii) local communities affected by such organizations and the general public; and (iii) professionals involved in cooperative development; (D) providing organizational planning for cooperative organizations, including board meetings and board development, and strategic planning; (E) hosting networking activities and conferences involving cooperative organizations, entities that work with such organizations, and professional organizations that engage in cooperative development; (F) providing professional development of professionals involved in cooperative development by offering training focused on cooperative development; and (G) providing administrative and operational set-up of cooperative organizations. (2) Cooperative organization.--The term ``cooperative organization'' means an autonomous association of persons united voluntarily to meet their common economic, social, and cultural needs and aspirations through a jointly-owned and democratically-controlled enterprise. (3) Eligible project area.-- (A) In general.--The term ``eligible project area'' means an area located within-- (i) a census tract that is defined as low- or moderate-income by the Bureau of the Census of the Department of Commerce; (ii) a population census tract that is treated as a low-income community under section 45D(e) of the Internal Revenue Code of 1986; or (iii) subject to subparagraph (B), an area that-- (I) is adjacent or close to an area that meets the requirements of either clause (i) or (ii); and (II) is given special approval by the Secretary to be classified as an eligible project area. (B) Limitation.--The Secretary shall limit the number of projects funded under this Act that are located in an area described in subparagraph (A)(iii). (4) Local cooperative development center.--The term ``local cooperative development center'' means a nonprofit organization, college, or university, or a group of such organizations, colleges, or universities, with expertise in establishing and developing cooperative organizations. (5) Program.--The term ``program'' means the National Cooperative Development Program established under section 4. (6) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development, or the Secretary's designee. SEC. 4. NATIONAL COOPERATIVE DEVELOPMENT PROGRAM. (a) Establishment.--The Secretary of Housing and Urban Development shall establish a program to be known as the National Cooperative Development Program to carry out the purpose described in section 2(b). (b) Assistance for Cooperative Development.-- (1) Uses.--The Secretary shall use amounts made available for the program for-- (A) providing grants to local cooperative development centers, to carry out activities that promote cooperative development, that are selected for such grants under paragraph (3)(B); (B) partnering with one or more financial institutions to-- (i) establish a revolving loan program that will provide loans to cooperative organizations to undertake cooperative development; and (ii) develop other loan programs and financial products that can be accessed by cooperative organizations; and (C) carrying out any other activities that the Secretary deems necessary to the furtherance of the purposes of this Act. (2) Allocation of amounts.--The Secretary shall allocate not less than 50 percent of the amounts made available for the program for grants under paragraph (1)(A) to local cooperative development centers. (3) Grants to local cooperative development centers.-- (A) Grants.--The Secretary may make grants, pursuant to paragraph (1)(A)(i), to local development centers selected under this paragraph, and shall enter into grant agreements with such centers selected and provide grants in accordance with such agreements. Each grant agreement for a local development center shall provide for a grant for at least one fiscal year and may provide for grants for a period not to exceed 3 fiscal years. (B) Selection.--The Secretary shall select, through a competitive process, local cooperative development centers to receive grants pursuant to paragraph (1)(A)(i). (C) Criteria for selection.--In selecting local cooperative development centers to receive such grants, the Secretary shall take into consideration the following: (i) The technical capacity of the center to carry out eligible projects. (ii) The ability of the center to deliver technical assistance. (iii) The capacity and commitment of the center to offering cooperative development. (iv) Whether the center can provide matching funding of at least 15 percent of grant amounts provided under the program to the center. (v) The record of the center in developing successful cooperative organizations. (vi) The ability of the center to have a positive economic impact on an area through job creation or retention, affordable housing creation, or wealth creation. (vii) Such other considerations as the Secretary may consider appropriate. (4) Failure to meet performance targets.--If the Secretary determines that an entity awarded funds under the program has not met the performance targets established pursuant to subsection (e), is not making reasonable progress toward meeting such measures, or is otherwise in violation of a grant agreement entered into pursuant to paragraph (3)(C) of this subsection, the Secretary may-- (A) withhold financial assistance under this Act until the performance measures are met; or (B) in the case of a grant made pursuant to paragraph (1)(A), terminate the grant agreement. (c) Other Activities.--Under the program, the Secretary shall-- (1) develop and provide technical assistance, educational, and other materials to assist local cooperative development centers that are receiving funds under the program to develop cooperative organizations; (2) monitor and evaluate the performance of such local centers; (3) provide guidance, information on best practices, and technical assistance to communities seeking to establish cooperative organizations; (4) establish the eligibility criteria for projects to be carried out using assistance provided under this Act; and (5) develop program and reporting guidelines. (d) Performance Targets.--The Secretary shall establish performance targets for the program, which shall include, at a minimum, a requirement that a significant percentage of projects funded under the program shall involve cooperative organizations that are women- or minority-owned. SEC. 5. REPORTS. (a) By Local Cooperative Development Centers and Financial Institutions.--For each grant that a local cooperative development center or financial institution receives pursuant to section 4(b)(1)(A), the local center or institution shall submit to the Secretary, not later than the expiration of the 12-month period after initial receipt of such grant amounts, a report that includes-- (1) identification of the total amount of such grant amounts that have been expended; (2) a description of the activities undertaken by such local center or institution with such grant amounts; and (3) other information as the Secretary may require. (b) By the Secretary.--Not later than 3 years after the date of the enactment of this Act, and annually thereafter for each year assistance is provided under this Act, the Secretary shall submit to the Congress a report that includes-- (1) identification of the number of cooperative organizations created using amounts made available under this Act; (2) best practices from the local cooperative development centers that are awarded grants under this Act and the economic benefits to the local communities that such centers serve resulting from such use of funds; (3) an evaluation of compliance with the performance targets established pursuant to section 4(d); (4) case studies featuring select cooperative development organizations that benefitted from the program; and (5) any additional information, including statistics, that would help promote future cooperative development. SEC. 6. REGULATIONS. Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue regulations necessary to carry out this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out the National Cooperative Development Program, to remain available until expended, $25,000,000 for each of fiscal years 2013 through 2017.

Creating Jobs Through Cooperatives Act - Directs the Secretary of Housing and Urban Development (HUD) to establish a National Cooperative Development Program to create jobs and increase economic development in eligible project areas by promoting cooperative development. Defines "eligible project areas" as those located within: a census tract defined as low- or moderate-income by the Census Bureau; a population census tract treated as a low-income community under the Internal Revenue Code; or areas adjacent or close to areas that meet either requirement, and are given special HUD approval to be classified as eligible project areas. (Requires the Secretary to limit the number of funded projects located in these areas.) Defines "cooperative development" as specified technical assistance for the establishment of cooperative organizations, which are autonomous associations of persons united voluntarily to meet their common economic, social, and cultural needs and aspirations through a jointly owned and democratically controlled enterprise. Authorizes the Secretary, through a competitive process, to make one- to -five-year grants to local cooperative development centers.

Creating Jobs Through Cooperatives Act

SECTION 1. DEFINITION. As used in this Act, the term ``Secretary'' means the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration. TITLE I--IN-VEHICLE ALCOHOL DETECTION DEVICE RESEARCH SEC. 101. SHORT TITLE. This title may be cited as the ``Research of Alcohol Detection Systems for Stopping Alcohol-related Fatalities Everywhere Act of 2010'' or the ``ROADS SAFE Act of 2010''. SEC. 102. DRIVER ALCOHOL DETECTION SYSTEM RESEARCH. (a) Research.--The Secretary shall carry out a collaborative research effort to continue to explore the feasibility and the potential benefits of, and the public policy challenges associated with, more widespread deployment of in-vehicle technology to prevent alcohol-impaired driving. (b) Report.--Not later than 1 year after the date of the enactment of this Act and for each of fiscal years 2011 through 2015, the Secretary shall submit an annual report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate-- (1) describing progress in carrying out the collaborative research effort; and (2) including an accounting for the use of Federal funds obligated or expended in carrying out that effort. SEC. 103. DEFINITIONS. In this title: (1) Alcohol-impaired driving.--The term ``alcohol-impaired driving'' means operation of a motor vehicle (as defined in section 30102(a)(6) of title 49, United States Code) by an individual whose blood alcohol content is at or above the legal limit. (2) Legal limit.--The term ``legal limit'' means a blood alcohol concentration of 0.08 percent or greater (as specified by section 163 of title 23, United States Code) or such other percentage limitation as may be established by applicable Federal, State, or local law. SEC. 104. EFFECT ON OTHER LAWS. Nothing in this title shall be construed to modify or otherwise affect any Federal, State, or local government law, civil or criminal, with respect to the operation of a motor vehicle. TITLE II--SAFETY AND TRANSPARENCY SEC. 201. COMMERCIAL MOTOR VEHICLE ROLLOVER PREVENTION AND CRASH MITIGATION. (a) Rulemaking.--Not later than 6 months after the date of enactment of this Act, the Secretary shall initiate a rulemaking proceeding pursuant to section 30111 of title 49, United States Code, to prescribe or amend a Federal motor vehicle safety standard to reduce commercial motor vehicle rollover and loss of control crashes and mitigate deaths and injuries associated with such crashes for air- braked truck tractors and motorcoaches with a gross vehicle weight rating of more than 26,000 pounds. (b) Required Performance Standards.--The rulemaking proceeding initiated under subsection (a) shall establish standards to reduce the occurrence of rollovers consistent with stability enhancing technologies that address both rollovers and loss-of-control crashes. (c) Deadline.--The Secretary shall issue a final rule under subsection (a) not later than 18 months after the date of enactment of this Act. SEC. 202. STUDY OF CRASH DATA COLLECTION. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a report regarding the quality of data collected through the National Automotive Sampling System, including the Special Crash Investigations, and recommendations for improvements to this data collection program. The report shall include information regarding-- (1) the analysis and conclusions the National Highway Traffic Safety Administration can reach based on the amount of data collected in a given year, and the additional analysis and conclusions it could reach if more crash investigations were conducted each year; (2) the number of investigations per year that would allow for optimal data analysis and crash information; (3) the results of a comprehensive review of the data elements collected from each crash to determine if additional data should be collected; which review shall include input from interested parties, such as suppliers, automakers, safety advocates, the medical community and research organizations; and (4) the resources that would be necessary for the National Highway Traffic Safety Administration to implement these recommendations. (b) Submission of Report.--The report shall be submitted to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate upon completion. SEC. 203. NHTSA HOTLINE FOR MANUFACTURER, DEALER, AND MECHANIC PERSONNEL. The Secretary shall-- (1) establish a means by which mechanics, passenger motor vehicle dealership personnel, and passenger motor vehicle manufacturer personnel may contact the National Highway Traffic Safety Administration directly and confidentially regarding potential passenger motor vehicle safety defects; and (2) publicize the means for contacting the National Highway Traffic Safety Administration in a manner that targets mechanics, passenger motor vehicle dealership personnel, and manufacturer personnel. SEC. 204. HONORS RECRUITMENT PROGRAM. (a) Establishment.--The Secretary shall establish, within the National Highway Traffic Safety Administration, an honors program for engineering students, computer science students, and other students interested in vehicle safety that will enable such students to train with engineers and other safety officials for a career in vehicle safety. The Secretary is authorized to provide a stipend to students during their participation in the program. (b) Targeted Students.--The Secretary shall develop a plan to target and make an aggressive outreach to recruit the top 10 percent of science, technology, engineering, and mathematics students attending-- (1) 1890 Land Grant Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7061)); (2) Predominantly Black Institutions (as defined in section 318 of the Higher Education Act of 1965 (20 U.S.C. 1059e)); (3) Tribal Colleges or Universities (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))); and (4) Hispanic-Serving Institutions (as defined in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a)). SEC. 205. PUBLIC AVAILABILITY OF EARLY WARNING DATA. Section 30166(m) of title 49, United States Code, is amended-- (1) in paragraph (3)(A), by striking clause (ii) and inserting the following: ``(ii) customer satisfaction campaigns, customer advisories, recalls, consumer complaints, warranty claims, field reports, technical service bulletins, or other activity involving the repair or replacement of motor vehicles or motor vehicle equipment.''; and (2) in paragraph (4), by striking subparagraph (C) and inserting the following: ``(C) Disclosure.--The information provided to the Secretary pursuant to this subsection shall be disclosed publicly unless exempt from disclosure under section 552(b) of title 5. The Secretary shall administer this subsection with a presumption in favor of maximum public availability of information. The following types of information shall presumptively not be exempt from disclosure under section 552(b) of title 5: ``(i) Vehicle safety defect information related to incidents involving death or injury. ``(ii) Aggregated numbers of property damage claims. ``(iii) Aggregated numbers of consumer complaints related to potential vehicle defects.''.

Research of Alcohol Detection Systems for Stopping Alcohol-related Fatalities Everywhere Act of 2010 or ROADS SAFE Act of 2010 - Directs the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration (NHTSA), to carry out a collaborative research effort to continue to explore the feasibility and the potential benefits of, and the public policy challenges associated with, more widespread deployment of in-vehicle technology to prevent alcohol-impaired driving. Directs the Secretary to initiate a rulemaking proceeding to prescribe certain performance standards to reduce commercial motor vehicle rollover and loss of control crashes and associated deaths and injuries for air-braked truck tractors and motorcoaches with a gross vehicle weight rating of more than 26,000 pounds. Requires the Secretary to report to Congress regarding the quality of data collected through the National Automotive Sampling System, including the Special Crash Investigations, as well as recommendation for improvements to the data collection program. Requires the Secretary to establish and publicize a hotline for mechanics, passenger motor vehicle dealership personnel, and passenger motor vehicle manufacturer personnel to contact NHTSA confidentially regarding potential passenger motor vehicle safety defects. Requires the Secretary to establish within NHTSA an honors program for the recruitment of engineering, computer science, and other students interested in training with engineers and other safety officials for a career in vehicle safety. Revises requirements for rules on early warning reporting by motor vehicle or motor vehicle equipment manufacturers about vehicle or equipment defects. Requires early warning reports to include information on consumer complaints, warranty claims, field reports, or technical service bulletins. Requires all early warning report information to be made available to the public, unless exempt from disclosure under the Freedom of Information Act (FOIA). Presumes that information shall not be exempt from disclosure, and thus must be made public, if it is: (1) vehicle safety defect information related to incidents involving death or injury; (2) aggregated numbers of property damage claims; or (3) aggregated numbers of consumer complaints related to potential vehicle defects.

To direct the Secretary of Transportation to study the feasibility of more widespread use of in-vehicle technology to prevent alcohol-impaired driving, to require a Federal motor vehicle safety standard related to rollover prevention and crash mitigation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Debt Relief Enhancement Act of 2002''. SEC. 2. MODIFICATION OF THE ENHANCED HIPC INITIATIVE. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p--262p-5) is amended by adding at the end the following new section: ``SEC. 1625. MODIFICATION OF THE ENHANCED HIPC INITIATIVE. ``(a) Authority.-- ``(1) In general.--The Secretary of the Treasury shall immediately commence efforts within the Paris Club of Official Creditors, the International Bank for Reconstruction and Development, the International Monetary Fund, and other appropriate multilateral development institutions to modify the Enhanced HIPC Initiative so that the amount of debt stock reduction approved for a country eligible for debt relief under the Enhanced HIPC Initiative shall be sufficient to reduce, for each of the first 3 years after the date of enactment of this Act or the Decision Point, whichever is later-- ``(A) the net present value of the outstanding public and publicly guaranteed debt of the country to not more than 150 percent of the annual value of exports of the country for the year preceding the Decision Point; and ``(B) the annual payments due on such public and publicly guaranteed debt to not more than 10 percent or, in the case of a country suffering a public health crisis (as defined in subsection (e)), not more than 5 percent, of the amount of the annual current revenues received by the country from internal resources. ``(2) Limitation.--In financing the objectives of the Enhanced HIPC Initiative, an international financial institution shall give priority to using its own resources. ``(b) Relation to Poverty and the Environment.--Debt cancellation under the modifications to the Enhanced HIPC Initiative described in subsection (a) shall not be conditioned on any agreement by an impoverished country to implement or comply with policies that deepen poverty or degrade the environment, including any policy that-- ``(1) implements or extends user fees on primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, tuberculosis, malaria, and infant, child, and maternal well-being; ``(2) provides for increased cost recovery from poor people to finance basic public services such as education, health care, clean water, or sanitation; ``(3) reduces the country's minimum wage to a level of less than $2 per day or undermines workers' ability to exercise effectively their internationally recognized worker rights, as defined under section 526(e) of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1995 (22 U.S.C. 262p-4p); or ``(4) promotes unsustainable extraction of resources or results in reduced budget support for environmental programs. ``(c) Conditions.--A country shall not be eligible for cancellation of debt under modifications to the Enhanced HIPC Initiative described in subsection (a) if the government of the country-- ``(1) has an excessive level of military expenditures; ``(2) has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)) or section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)); ``(3) is failing to cooperate on international narcotics control matters; or ``(4) engages in a consistent pattern of gross violations of internationally recognized human rights (including its military or other security forces). ``(d) Programs To Combat HIV/AIDS and Poverty.--A country that is otherwise eligible to receive cancellation of debt under the modifications to the Enhanced HIPC Initiative described in subsection (a) may receive such cancellation only if the country has agreed-- ``(1) to ensure that the financial benefits of debt cancellation are applied to programs to combat HIV/AIDS and poverty, in particular through concrete measures to improve basic services in health, education, nutrition, and other development priorities, and to redress environmental degradation; ``(2) to ensure that the financial benefits of debt cancellation are in addition to the government's total spending on poverty reduction for the previous year or the average total of such expenditures for the previous 3 years, whichever is greater; ``(3) to implement transparent and participatory policymaking and budget procedures, good governance, and effective anticorruption measures; and ``(4) to broaden public participation and popular understanding of the principles and goals of poverty reduction. ``(e) Definitions.--In this section: ``(1) Country suffering a public health crisis.--The term `country suffering a public health crisis' means a country in which the HIV/AIDS infection rate, as reported in the most recent epidemiological data for that country compiled by the Joint United Nations Program on HIV/AIDS, is at least 5 percent among women attending prenatal clinics or more than 20 percent among individuals in groups with high-risk behavior. ``(2) Decision point.--The term `Decision Point' means the date on which the executive boards of the International Bank for Reconstruction and Development and the International Monetary Fund review the debt sustainability analysis for a country and determine that the country is eligible for debt relief under the Enhanced HIPC Initiative. ``(3) Enhanced hipc initiative.--The term `Enhanced HIPC Initiative' means the multilateral debt initiative for heavily indebted poor countries presented in the Report of G-7 Finance Ministers on the Cologne Debt Initiative to the Cologne Economic Summit, Cologne, June 18-20, 1999.''. SEC. 3. REPORT ON EXPANSION OF DEBT RELIEF TO NON-HIPC COUNTRIES. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Treasury shall submit to Congress a report on-- (1) the options and costs associated with the expansion of debt relief provided by the Enhanced HIPC Initiative to include poor countries that were not eligible for inclusion in the Enhanced HIPC Initiative; (2) options for burden-sharing among donor countries and multilateral institutions of costs associated with the expansion of debt relief; and (3) options, in addition to debt relief, to ensure debt sustainability in poor countries, particularly in cases when the poor country has suffered an external economic shock or a natural disaster. (b) Specific Options To Be Considered.--Among the options for the expansion of debt relief provided by the Enhanced HIPC Initiative, consideration should be given to making eligible for that relief poor countries for which outstanding public and publicly guaranteed debt requires annual payments in excess of 10 percent or, in the case of a country suffering a public health crisis (as defined in section 1625(e) of the Financial Institutions Act, as added by section 2 of this Act), not more than 5 percent, of the amount of the annual current revenues received by the country from internal resources. (c) Enhanced HIPC Initiative Defined.--In this section, the term ``Enhanced HIPC Initiative'' means the multilateral debt initiative for heavily indebted poor countries presented in the Report of G-7 Finance Ministers on the Cologne Debt Initiative to the Cologne Economic Summit, Cologne, June 18-20, 1999.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the President such sums as may be necessary for the fiscal year 2003 and each fiscal year thereafter to carry out section 1625 of the International Financial Institutions Act, as added by section 2 of this Act. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) are authorized to remain available until expended.

Debt Relief Enhancement Act of 2002 - Amends the International Financial Institutions Act to direct the Secretary of the Treasury to commence efforts immediately within the Paris Club of Official Creditors, the International Bank for Reconstruction and Development (IBRD), the International Monetary Fund (IMF), and other appropriate multilateral development institutions to modify the Enhanced Heavily Indebted Poor Countries (HIPC) Initiative so that the amount of debt stock reduction approved for a country eligible for debt relief shall be sufficient to reduce, by a specified deadline, the net present value of the outstanding public and publicly guaranteed debt of the country, and the annual payments due, to levels determined according to certain formulae.Prohibits conditioning any such debt cancellation on an agreement by an impoverished country to implement or comply with policies that deepen poverty or degrade the environment.Prescribes other specified conditions and prohibitions with respect to country eligibility.Requires any country otherwise eligible to receive debt cancellation under the modifications to the Initiative made by this Act to agree to: (1) ensure that the financial benefits of debt cancellation are applied to programs to combat HIV/AIDS and poverty; and (2) implement transparent and participatory policymaking and budget procedures, good governance, and effective anticorruption measures.Requires the Secretary to report to Congress on the options and costs associated with expanding debt relief under the Initiative to poor countries not eligible for inclusion in it.

A bill to amend the International Financial Institutions Act to provide for modification of the Enhanced Heavily Indebted Poor Countries (HIPC) Initiative.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Future United States Capability to Project Power Globally Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Long-range strike is a critical mission in which the United States needs to retain a credible and dominant capability. (2) Long range, penetrating strike systems provide-- (A) a hedge against being unable to obtain access to forward bases for political reasons; (B) a capacity to respond quickly to contingencies such as the failure of a nuclear-armed state; (C) the ability to base outside the reach of emerging adversary anti-access and area-denial capabilities; and (D) the ability to impose disproportionate defensive costs on prospective adversaries of the United States. (3) The 2006 Quadrennial Review directed the United States Air Force to ``develop a new land-based, penetrating long range strike capability to be fielded by 2018''. (4) Secretary of Defense Robert P. Gates has publicly acknowledged the need for a next generation bomber on at least three separate occasions: (A) In a September 29, 2008, speech at National Defense University, where Secretary Gates said, ``In the case of China, investments in cyber-and anti- satellite warfare, anti-air and anti-ship weaponry, submarines, and ballistic missiles could threaten America's primary means to project power and help allies in the Pacific: our bases, air and sea assets, and the networks that support them. This will put a premium on America's ability to strike from over the horizon, employ missile defenses, and will require shifts from short-range to longer-range systems such as the next generation bomber.'' (B) In the January/February 2009 edition of Foreign Affairs, in an article entitled, ``A Balanced Strategy; Reprogramming the Pentagon for a New Age,'' where Secretary Gates wrote, ``In the case of China, Beijing's investments in cyberwarfare, antisatellite warfare, antiaircraft and antiship weaponry, submarines, and ballistic missiles could threaten the United States' primary means to project its power and help its allies in the Pacific: bases, air and sea assets, and the networks that support them. This will put a premium on the United States' ability to strike from over the horizon and employ missile defenses and will require shifts from short-range to longer-range systems, such as the next generation bomber.'' (C) In the First Quarter 2009 edition of Joint Force Quarterly, in an article entitled, ``The National Defense Strategy; Striking the Right Balance,'' where Secretary Gates wrote, ``In the case of China, investments in cyber and antisatellite warfare, anti- air and anti-ship weaponry, submarines, and ballistic missiles could threaten America's primary means to project power and help allies in the Pacific: our bases, air and sea assets, and the networks that support them. This will put a premium on America's ability to strike from over the horizon and employ missile defenses; and it will require shifts from short-range to longer range systems such as the next generation bomber.'' (5) On April 6, 2009, Secretary Gates announced that the United States ``will not pursue a development program for a follow-on Air Force bomber until we have a better understanding of the need, the requirement and the technology''. (6) On May 7, 2009, President Barack Obama announced the termination of the next generation bomber program in the Office of Management and Budget's ``Terminations, Reductions, and Savings'' document, stating that ``there is no urgent need to begin an expensive development program for a new bomber'' and that ``the future bomber fleet may not be affordable over the next six years.'' (7) The need, requirement, and the technology for the next generation bomber are well understood, as set out by the 2006 Quadrennial Defense Review. (8) The need for a new long-range strike capability is urgent because the conflicts of the future will likely feature heavily defended airspace, due in large part to the proliferation of relatively inexpensive, but extremely sophisticated and deadly, air defense systems. (9) General Michael Maples, Director of the Defense Intelligence Agency, noted during a March 10, 2009, Committee on Armed Services of the Senate hearing on worldwide threats that ``Russia, quite frankly, is the developer of most of those [advanced air defense] systems and is exporting those systems both to China and to other countries in the world''. (10) The commanders of Pacific Command, Strategic Command, and Joint Forces Command have each testified in support of the capability that the next generation bomber will provide before the Committee on Armed Services of the Senate. (11) Nearly half of the United States bomber inventory (47 percent) pre-dates the Cuban Missile Crisis. (12) The only air-breathing strike platforms the United States possesses today with reach and survivability to have a chance of successfully executing missions more than 1,000 nautical miles into enemy territory from the last air-to-air refueling are 16 combat ready B-2 bombers. (13) The B-2 was designed in the 1980s and achieved initial operational capability over a decade ago. (14) The crash of an operational B-2 during takeoff at Guam in early 2008 indicates that attrition can and does occur even in peacetime. (15) The primary mission requirement of the next generation bomber is the ability to strike targets anywhere on the globe with whatever weapons the contingency requires. (16) The requisite aerodynamic, structural, and low- observable technologies to develop the next generation bomber already exist in fifth-generation fighters. (17) A decision to terminate or delay the next generation bomber would severely diminish the ability of the United States to project power on a global scale in the future. SEC. 3. STATEMENT OF POLICY ON CONTINUED DEVELOPMENT OF THE NEXT GENERATION BOMBER IN FISCAL YEAR 2010. It is the policy of the United States-- (1) to pursue a development program for the next generation bomber during fiscal year 2010, in accordance with the guidance established in the 2006 Quadrennial Defense Review, including the full authorization and appropriation of appropriate funds; and (2) not to delay the next generation bomber development program by deliberations on the 2010 Quadrennial Defense Review, deliberations on the Nuclear Posture Review, or negotiations over the follow-on Strategic Arms Reduction Treaty (START).

Preserving Future United States Capability to Project Power Globally Act of 2009 - States that it is the policy of the United States to: (1) pursue a development program for the next generation bomber during FY2010, in accordance with guidance established in the 2006 Quadrennial Defense Review, including full authorization and appropriation of appropriate funds; and (2) not delay the next generation bomber development program by deliberations on the 2010 Quadrennial Defense Review, deliberations on the Nuclear Posture Review, or negotiations over the follow-on Strategic Arms Reduction Treaty (START).

A bill to preserve the ability of the United States to project power globally.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Liberty List Act''. SEC. 2. STATEMENT OF PURPOSE. The purpose of this Act is to-- (1) highlight the work and accomplishments of individuals, nongovernmental organizations, and the media that promote respect for religious freedom, democracy, and human rights in foreign countries; (2) draw attention to the conditions in such countries in which these individuals, nongovernmental organizations, and media struggle; (3) offer protection for these individuals, nongovernmental organizations, and media by identifying them to the international community; and (4) emphasize the special significance of respect for religious freedom, democracy, and human rights in United States foreign policy. SEC. 3. ANNUAL REPORT ON PROMOTION OF RELIGIOUS FREEDOM, DEMOCRACY, AND HUMAN RIGHTS IN FOREIGN COUNTRIES BY INDIVIDUALS, NONGOVERNMENTAL ORGANIZATIONS, AND THE MEDIA IN THOSE COUNTRIES. (a) Annual Report.--The Foreign Assistance Act of 1961 is amended by adding after section 116 (22 U.S.C. 2151n) the following new section: ``SEC. 116A. ANNUAL REPORT ON PROMOTION OF RELIGIOUS FREEDOM, DEMOCRACY, AND HUMAN RIGHTS IN FOREIGN COUNTRIES. ``(a) Report.--The Secretary of State shall annually submit to Congress a full and complete report regarding the promotion of religious freedom, democracy, and internationally recognized human rights in foreign countries by individuals, nongovernmental organizations, and media groups and organizations in those countries. The report shall be entitled the `Annual Report on the Promotion of Religious Freedom, Democracy, and Human Rights in Foreign Countries by Individuals, Nongovernmental Organizations, and Media Groups and Organizations'. ``(b) Preparation.--The Secretary shall prepare the Annual Report with the assistance of the Assistant Secretary of State for Democracy, Human Rights, and Labor and the Ambassador at Large for International Religious Freedom. ``(c) Contents.--The Annual Report shall contain, with respect to a foreign country, the following information: ``(1) An identification of individuals in the country who have made significant efforts to promote religious freedom, democracy, or internationally recognized human rights in that country, together with a description of the nature and extent of those efforts and an assessment of progress made as a result of those efforts. ``(2) An identification of nongovernmental organizations in the country that have made significant efforts to promote religious freedom, democracy, or internationally recognized human rights in that country, together with a description of the nature and extent of those efforts and an assessment of progress made as a result of those efforts. ``(3) An identification of media groups and organizations in the country that have made significant efforts to promote religious freedom, democracy, or internationally recognized human rights in that country, together with a description of the nature and extent of those efforts and an assessment of progress made as a result of those efforts. ``(d) Organization.--The Annual Report shall be organized in three parts, as follows: ``(1) Part I shall consist of the identification of individuals (and the associated assessment of their efforts) under subsection (b)(1). ``(2) Part II shall consist of the identification of nongovernmental organizations (and the associated assessment of their efforts) under subsection (b)(2). ``(3) Part III shall consist of the identification of media groups and organizations (and the associated assessment of their efforts) under subsection (b)(3). ``(e) Time for Submission.--The Secretary shall submit the Annual Report together with, but not as part of, the presentation materials for security assistance programs proposed for each fiscal year. ``(f) Classification.-- ``(1) Unclassified form.--Except as provided in paragraph (2), the Annual Report shall be submitted in unclassified form. ``(2) Classified annex.--The Secretary may withhold the identification of an individual, nongovernmental organization, or media group or organization (including the associated assessment) if the Secretary determines that such disclosure would endanger or harm such individual, nongovernmental organization, or media group or organization. If the Secretary makes such a determination, the Secretary shall disclose such identification (and associated assessment) in a classified annex. ``(g) Definitions.--In this section: ``(1) Annual report.--The term `Annual Report' means the Annual Report on the Promotion of Religious Freedom, Democracy, and Human Rights in Foreign Countries by Individuals, Nongovernmental Organizations, and Media Groups and Organizations required under subsection (a). ``(2) Internationally recognized human rights.--The term `internationally recognized human rights' has the meaning ascribed to it in section 116(a). ``(3) Media group or organization.--The term `media group or organization' means a group or organization that gathers and disseminates news and information to the public (through any medium of mass communication) in a foreign country in which the group or organization is located, except that the term does not include a group or organization that is primarily an agency or instrumentality of the government of the foreign country. The term includes an individual who is an agent or employee of the media group or organization who acts within the scope of such agency or employment. ``(4) Nongovernmental organization.--The term `nongovernmental organization' means an organization that works at the local level to promote religious freedom, democracy, or human rights in a foreign country in which the organization is located, except that the term does not include an organization that is primarily an agency or instrumentality of the government of the foreign country. The term includes an individual who is an agent or employee of the nongovernmental organization who acts within the scope such agency or employment. ``(5) Religious freedom.--The term `religious freedom' means the internationally recognized right to freedom of religion and religious belief and practice, as set forth in the international instruments referred to in paragraph (2) of section 2(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6401(a)) and as described in paragraph (3) of such section. ``(6) Secretary.--The term `Secretary' means the Secretary of State.''. (b) Effective Date.--Section 116A of the Foreign Assistance Act of 1961, as added by subsection (a), shall apply to reports submitted more than one year after such date.

Liberty List Act - Amends the Foreign Assistance Act of 1961 to direct the Secretary of State to submit to Congress an "Annual Report on the Promotion of Religious Freedom, Democracy, and Human Rights in Foreign Countries by Individuals, Nongovernmental Organizations, and Media Groups and Organizations."

To require an annual Department of State report on information relating to the promotion of religious freedom, democracy, and human rights in foreign countries by individuals, nongovernmental organizations, and the media in those countries, and for other purposes.

TITLE I--PROHIBITION ON CHANNELING OR DIVERTING FUNDS TO CARRY OUT ACTIVITIES FOR WHICH UNITED STATES ASSISTANCE IS PROHIBITED Sec. 101. (a) Prohibition.--(1) Whenever any provision of United States law expressly refers to this section and expressly prohibits all United States assistance, or all assistance under a specified United States assistance account, from being provided to any specified foreign region, country, government, group, or individual for all or specified activities, then no officer or employee of the executive branch may-- (A) receive, accept, hold, control, use, spend, disburse, distribute, or transfer any funds or property from any foreign government (including any instrumentality or agency thereof), foreign person, or United States person; (B) use any United States funds or facilities to assist any transaction whereby a foreign government (including any instrumentality or agency thereof), foreign person or United States person provides any funds or property to any third party; or (C) provide any United States assistance to any third party, if the purpose of any such act is the furthering or carrying out of the same activities, with respect to that region, country, government, group, or individual, for which United States assistance is expressly prohibited. (2) As used within the meaning of paragraph (1), assistance which is provided for the purpose of furthering or carrying out the same or similar activities for which United States assistance is expressly prohibited includes assistance provided under an arrangement conditioning, expressly or impliedly, action by the recipient to further those activities. (b) Penalty.--Any person who knowingly and willfully violates the provision of subsection (a)(1) shall be imprisoned not more than five years or fined in accordance with title 18, United States Code, or both. (c) Presidential Notification.--(1) Whenever-- (A) any provision of United States law described in subsection (a)(1) expressly refers to this section and expressly prohibits the provision of United States assistance for specified recipients or activities, and (B) any officer or employee of the executive branch advocates, promotes, or encourages the provision of funds or property by any foreign government (including any instrumentality or agency thereof), foreign person, or United States person for the purpose of furthering or carrying out the same or similar activities with respect to such recipients, then the President shall notify the Congress in a timely fashion that such advocacy, promotion, or encouragement has occurred. Such notification may be submitted in classified form. (2) Nothing in this subsection shall be construed as authorizing any action prohibited by subsection (a). (d) Applicability.--The provisions of this section shall not be superseded except by a provision of law enacted on or after the date of enactment of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, which specifically repeals, modifies, or supersedes the provisions of this section. (e) Construction.--(1) Nothing in this section shall be construed to limit-- (A) the ability of the President, the Vice President, or any officer or employee of the executive branch to make statements or otherwise express his views to any party on any subject; (B) the ability of an officer or employee of the United States to express the publicly enunciated policies of the President; or (C) the ability of an officer or employee of the United States to communicate with any foreign country, government, group, or individual, either directly or through a third party, with respect to a prohibition on United States assistance covered by subsection (a)(1), including the reasons for such prohibitions, and the actions, terms, or conditions which might lead to the removal of such prohibition. (2) Nothing in this section shall be construed as waiving or otherwise derogating from any other provision of law imposing penalties or obligations with respect to any of the acts described in subparagraph (A), (B), or (C) of subsection (a)(1). (f) Definitions.--For purposes of this section-- (1) the term ``person'' includes (A) any natural person, (B) any corporation, partnership, or other legal entity, and (C) any organization, association, or other group; (2) the term ``United States assistance'' means-- (A) assistance of any kind under the Foreign Assistance Act of 1961; (B) sales, credits, and guarantees under the Arms Export Control Act; (C) export licenses issued under the Arms Control Act; and (D) activities authorized pursuant to the National Security Act of 1947 (50 U.S.C. 410 et seq.), the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), or Executive Order Numbered 12333 (December 4, 1981), excluding any activity involving the provision or sharing of intelligence information; and (3) the term ``United States assistance account'' means an account corresponding to an authorization of appropriations for United States assistance.

Title I: Prohibition on Channeling or Diverting Funds to Carry Out Activities for Which United States Assistance is Prohibited - Provides that whenever a provision of U.S. law prohibits all U.S. assistance from being provided to a specified foreign country, region, government, group, or individual, then no officer or employee of the executive branch may: (1) hold, use, or transfer funds for such purpose; (2) use any funds or facilities to assist any transaction whereby a foreign government or person or U.S. person provides such funds; or (3) provide any U.S. assistance to any third party in order to carry out such banned activities. Provides criminal and civil penalties for such prohibited action. Requires the President to notify the Congress whenever such a prohibition exists and any executive branch officer or employee advocates, promotes, or encourages the provision of funds or property by any foreign government, foreign person, or U.S. person for similar activities.

A bill to prohibit the solicitation or diversion of funds to carry out activities forbidden by law.