FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kennedy-King Establishment Act of 2018''. SEC. 2. FINDINGS. Congress finds that-- (1) on April 4, 1968, Robert F. Kennedy was scheduled to give a speech in Indianapolis, Indiana, during the campaign of Mr. Kennedy for the Presidency of the United States; (2) just before giving the prepared remarks, Mr. Kennedy was informed of the assassination of Dr. Martin Luther King, Jr., before the news became widely known publicly; (3) Mr. Kennedy changed the prepared remarks to inform the large gathering of the death of Dr. King in a manner that called for a nonviolent reaction to the violent death; (4) the call of Mr. Kennedy for nonviolence in a moment of unbearable pain helped temper the reaction of people in Indianapolis to the assassination of Dr. King, such that, while many other cities erupted in violence and rioting, Indianapolis did not suffer riots or bloodshed in the days after the assassination of Dr. King; (5) the speech of Mr. Kennedy on the volatile occasion has been described as one of the great addresses of the 20th century, calling for unity in a time of great unrest; (6) the heartfelt leadership of Mr. Kennedy and call for nonviolence in the face of violence, prior to the assassination of Mr. Kennedy, continues to be a model for people of the United States; (7) the park site at which the speech was held was established in 1961 and has served the community as a gathering place for social movements and engagement, which is the reason why the site was selected as the location for the speech of Mr. Kennedy; (8) a memorial sculpture, known as ``Landmark for Peace'', honoring Mr. Kennedy and Dr. King was erected on the site in 1994 to commemorate the events of April 4, 1968, and the message of nonviolence taught by Mr. Kennedy and Dr. King; (9) the improvised remarks of Mr. Kennedy to a stricken community continue to resonate today and the site continues to inspire social engagement with the words of Mr. Kennedy, ``Why don't we make a monument to peace where all of us can live together, not with walls coming up but with walls tearing down, so we can go forward together?''; and (10) the site of the speech given by Mr. Kennedy on April 4, 1968, should be preserved as a national treasure, and the preservation of the site is most fitting on the 50th anniversary of the speech. SEC. 3. DEFINITIONS. In this Act: (1) Historic site.--The term ``Historic Site'' means the Kennedy-King National Historic Site established by section 4(a)(1). (2) Map.--The term ``Map'' means the map entitled ``Kennedy-King National Historic Site Proposed Boundary''. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Indiana. SEC. 4. ESTABLISHMENT OF THE KENNEDY-KING NATIONAL HISTORIC SITE. (a) Establishment.-- (1) In general.--Subject to paragraph (2), there is established the Kennedy-King National Historic Site in the State as a unit of the National Park System to preserve, protect, and interpret for the benefit of present and future generations the site of the April 4, 1968, speech of Senator Robert F. Kennedy that is associated with the Kennedy-King Park in Indianapolis, Indiana. (2) Condition for establishment.--The Historic Site shall not be established until the date on which the Secretary determines that sufficient land has been acquired for the Historic Site to constitute a manageable unit. (b) Boundaries.--The boundaries of the Historic Site shall be the boundaries generally depicted on the Map. (c) Availability of Map.--The Map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Acquisition Authority.-- (1) In general.--The Secretary may acquire any land or interest in land located within the boundary of the Kennedy- King Park by-- (A) donation; (B) purchase with donated or appropriated funds; (C) exchange; (D) lease or no-cost lease; and (E) cooperative agreements to facilitate continued access to, and maintenance of, and to promote the success of the Historic Site, including revenue generation. (2) Boundary revision.--On the acquisition of any land or interest in land within the Historic Site under paragraph (1), the Secretary shall revise the boundary of the Historic Site to include the acquired land or interest in land. (3) Prohibition of admission fees.--The Secretary shall not charge a fee for admission to the Historic Site. (e) Administration.-- (1) In general.--The Secretary shall administer the Historic Site in accordance with-- (A) this Act; and (B) the laws generally applicable to units of the National Park System, including-- (i) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (ii) chapter 3201 of title 54, United States Code. (2) Management plan.-- (A) In general.--Not later than 180 days after the date on which funds are made available to prepare a general management plan for the Historic Site, the Secretary shall prepare the general management plan in accordance with section 100502 of title 54, United States Code. (B) Submission to congress.--Immediately after completion of the general management plan under subparagraph (A), the Secretary shall submit the general management plan to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

Kennedy-King Establishment Act of 2018 This bill establishes the Kennedy-King National Historic Site in Indiana as a unit of the National Park System for the preservation, protection, and interpretation of the site of the speech given by Senator Robert F. Kennedy on April 4, 1968, that is associated with the Kennedy-King Park in Indianapolis, Indiana.

Kennedy–King Establishment Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guam and the Northern Marianas Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) Issuance.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall issue not more than 1,500,000 one dollar coins which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Design.--The design of the coins authorized under subsection (a) shall be emblematic of the heroism of the American forces that liberated Guam and the Northern Mariana Islands in World War II. On each such coin there shall be a designation of the value of the coin, an inscription of the years ``1944-1994'', and inscriptions of the words ``Mariana Islands'', ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Legal Tender.--The coins issued under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. (d) Numismatic Items.--The coins issued under this Act shall be considered numismatic items for purposes of section 5134 of title 31, United States Code. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for the coins minted under this title from stockpiles established under the Strategic and Critical Minerals Stock Piling Act. SEC. 4. SELECTION OF DESIGN. The design for each coin authorized under this Act shall be selected by the Secretary after consultation with the Delegate from Guam to Congress and the Resident Representative of the Commonwealth of the Northern Mariana Islands. SEC. 5. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, marketing and shipping), and the surcharge provided for in subsection (d). (b) Bulk Sales.--The Secretary shall make bulk sales at a reasonable account. (c) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins issued under this Act prior to the issuance of such coins. Sales under this subsection shall be at a reasonable discount. (d) Surcharge Required.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. SEC. 6. USE OF SURCHARGES. The surcharges received by the Secretary from the sale of the coins issued under this Act shall be made available or paid to the Secretary of the Interior for the following purposes: (1) Amounts to be made available for the construction of a visitors center and museum on guam.--The Secretary of the Treasury shall make available to the Secretary of the Interior all funds from such surcharges as may be necessary to construct a visitors center and museum at the War in the Pacific National Historical Park on Guam. (2) Amounts to be made available for the construction of a visitors center and museum on saipan.--The Secretary of the Treasury shall make available to the Secretary of the Interior all funds from such surcharges as may be necessary to construct a visitors center and museum at the American Memorial Park on Saipan. SEC. 7. ISSUANCE OF THE COINS. (a) Period for Issuance.--The Secretary shall make every effort to issue the coins under this Act by July 21, 1994. The coins shall be made available for issue during the 1-year period beginning on the date the coins are first issued. (b) Proof and Uncirculated Coins.--The coins authorized under this Act shall be issued in uncirculated and proof qualities. SEC. 8. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services required to carry out this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 9. FINANCIAL ASSURANCE. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that the minting and issuance of the coins referred to in section 2 shall not result in any net cost to the Federal Government. (b) Payment for Coins.--No coin shall be issued under this Act unless the Secretary has received-- (1) full payment for such coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Government.

Guam and the Northern Marianas Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar coins emblematic of the American forces that liberated Guam and the Northern Mariana Islands in World War II. Requires payment of surcharges received from the coin sales to the Secretary of the Interior to construct a visitors center and museum at: (1) the War in the Pacific National Historical Park on Guam; and (2) the American Memorial Park on Saipan.

Guam and the Northern Marianas Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Participation Incentive Act of 2005''. SEC. 2. MAXIMUM RATE OF INCOME TAX FOR C CORPORATIONS WITH SUBSTANTIAL EMPLOYEE OWNERSHIP. (a) In General.--Section 11 of the Internal Revenue Code of 1986 (relating to tax on corporations) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: ``(c) Maximum Rate of 30 Percent for Corporations With Substantial Employee Ownership.-- ``(1) In general.--Except as provided in subsection (b)(2), the maximum rate of tax under subsection (b) shall be 30 percent with respect to any corporation if, with respect to such corporation-- ``(A) the employee voting percentage is at least 20 percent, and ``(B) the employee value percentage is at least 20 percent. ``(2) Definitions.--For purposes of this subsection-- ``(A) Employee voting percentage.--The term `employee voting percentage' means the percentage of the total voting power of the stock of such corporation which is held directly by employees of such corporation. ``(B) Employee value percentage.--The term `employee value percentage' means the percentage of the total value of the stock of such corporation which is held directly by employees of such corporation. ``(C) Stock.--The term `stock' has the meaning given such term under section 1504. ``(3) Determination of ownership averages.-- ``(A) In general.--The determination of the employee voting percentage and the employee value percentage shall be made on the last day of the taxable year of the corporation. ``(B) Holdings of 5 percent-shareholders and highly compensated employees disregarded.--Each such percentage shall be determined without regard to the holdings of any highly compensated employee (as defined in section 414(q)). Notwithstanding the preceding sentence, the holdings of 5-percent owners (as defined in such section) shall be taken into account if the corporation has 50 or fewer employees. ``(C) Controlled groups.--In the case of corporations which are treated as a single employer under section 52(a)-- ``(i) such corporations shall be treated as 1 corporation for purposes of subparagraph (B), and ``(ii) the Secretary shall prescribe regulations-- ``(I) for the application of this subsection in the case of corporations filing a consolidated return, and ``(II) to prevent the abuse of the purposes of this subsection.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 3. EXCLUSION FROM GROSS INCOME FOR COMPENSATION PAID IN STOCK BY CERTAIN CORPORATIONS. (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 PAID IN STOCK BY CERTAIN CORPORATIONS. ``(a) In General.--In the case of an employee of an eligible corporation, gross income of such employee does not include remuneration received in the form of stock of such corporation or of any parent or subsidiary (within the meaning of section 422(b)) of such corporation. ``(b) Limitation.--The amount excluded under subsection (a) from the gross income of an employee for any taxable year shall not exceed 20 percent of the wages (as defined in section 3401(a) without regard to paragraph (23)) which would (but for this section) be includible in gross income for such year. ``(c) Eligible Corporation.--For purposes of this section, the term `eligible corporation' means, with respect to any taxable year of an employee, any corporation if-- ``(1) the corporation offers to pay remuneration for services performed during the calendar year in which or with which such taxable year ends in the form of stock of such corporation to at least 95 percent of such corporation's full- time employees, and ``(2) at least 95 percent of the value of the stock which is so offered during such calendar year is offered to employees whose wages (as defined in section 3401(a)) are among the bottom 75 percent of the employees when ranked on the basis of such wages. ``(d) Basis.--The amount excluded from gross income under this section shall not be taken into account in determining the basis of the stock.''. (b) Exclusion From Withholding.--Subsection (a) of section 3401 of such Code is amended by striking ``or'' at the end of paragraph (21), by striking the period at the end of paragraph (22) and inserting ``; or'', and by adding at the end the following new paragraph: ``(23) in the form of stock if at the time such stock is paid it is reasonable to believe that the employee will be able to exclude such stock from income under section 139B.''. (c) Clerical Amendment.--The table of sections for such part III is amended by inserting after the item relating to section 139A the following new item: ``139B. Compensation paid in stock by certain corporations.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 4. DEDUCTION ALLOWED TO ELIGIBLE CORPORATIONS AT TIME QUALIFIED STOCK OPTION GRANTED. (a) In General.--Subsection (a) of section 421 of the Internal Revenue Code of 1986 (relating to general rules for certain stock options) is amended by adding at the end the following flush sentence: ``Paragraph (2) shall not apply to options granted during any calendar year for which the corporation is an eligible corporation (as defined in section 139B(c)).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to options granted after the date of the enactment of this Act.

Employee Participation Incentive Act of 2005 - Amends the Internal Revenue Code to: (1) cap at 30 percent the maximum income tax rate for corporations that have a 20 percent or greater employee ownership rate; (2) exclude from employee gross income up to 20 percent of wages paid in stock; and (3) allow such corporations a tax deduction for certain stock options granted to employees.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax to C corporations which have substantial employee ownership and to encourage stock ownership by employees by excluding from gross income stock paid as compensation for services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Crimes and Enforcement Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) Federal investigation and prosecution of environmental crimes play a critical role in the protection of human health, public safety, and the environment; (2) the effectiveness of environmental criminal enforcement efforts is greatly strengthened by close cooperation and coordination among Federal, State, local, and tribal authorities; and (3) legislation is needed to facilitate Federal investigation and prosecution of environmental crimes and to increase the effectiveness of joint Federal, State, local, and tribal criminal enforcement efforts. SEC. 3. JOINT FEDERAL, STATE, LOCAL, AND TRIBAL ENVIRONMENTAL ENFORCEMENT. (a) Chapter 232 of title 18 is amended by adding after section 3673 the following new section 3674: ``Sec. 3674. Reimbursement of State, local, or tribal government costs for assistance in Federal investigation and prosecution of environmental crimes ``(a) Upon the motion of the United States, any person who is found guilty of a criminal violation of the Federal environmental laws set forth in subsection (b) below, or conspiracy to violate such laws, may be ordered to pay the costs incurred by a State, local, or tribal government or an agency thereof for assistance to the Federal government's investigation and criminal prosecution of the case. Such monies shall be paid to the State, local, or tribal government or agency thereof and be used solely for the purpose of environmental law enforcement. ``(b) This subsection applies to a violation of any of the following statutes, or conspiracy to violate any of the following statutes: ``(1) Section 14(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136l(b)). ``(2) Section 16(b) of the Toxic Substances Control Act (15 U.S.C. 2615(b)). ``(3) Sections 10, 12, 13, and 16 of the Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 403, 406, 407, 411). ``(4) Sections 309(c) and 311(b)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1319(c), 1321(b)(5)). ``(5) Section 105(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)). ``(6) Section 9(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1908(a)). ``(7) Section 4109(c) of the Shore Protection Act of 1988 (33 U.S.C. 2609(c)). ``(8) Sections 1423 and 1432 of the Safe Drinking Water Act (42 U.S.C. 300h-2, 300i-1). ``(9) Sections 3008(d), 3008(e) and 3008(i) of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6928(d), 6928(e), 6928(i)). ``(10) Section 113(c) of the Clean Air Act (42 U.S.C. 7413(c)). ``(11) Sections 103(b) and 103(d) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9603(b), 9603(d). ``(12) Section 325(b)(4) of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11045(b)(4)). ``(13) Section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)). ``(14) Sections 5124, 60123(a), and 60123(b) of title 49, United States Code.''. (b) The table of sections of chapter 232 of title 18, United States Code is amended by adding the following after the item relating to section 3673: ``3674. Reimbursement of State, local, or tribal government costs for assistance in Federal investigation and prosecution of environmental crimes.''. SEC. 4. PROTECTION OF GOVERNMENT EMPLOYEES AND THE PUBLIC. (a) Chapter 39 of title 18, United States Code, is amended by adding the following new section: ``Sec. 838. Protection of government employees and the public from environmental crimes ``(a) Any person who commits a criminal violation of a Federal environmental law identified in this subsection that is the direct or proximate cause of serious bodily injury to or death of any other person, including a Federal, State, local, or tribal government employee performing official duties as a result of the violation, shall be subject to a maximum term of imprisonment of twenty years, a fine of not more than $500,000, or both, and, if the defendant is an organization, to a fine of not more than $2,000,000. The laws to which this subsection applies are-- ``(1) section 309(c)(2), 309(c)(4), or 311(b)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1319(c)(2), 1319(c)(4), 1321(b)(5)); ``(2) section 105(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)); ``(3) section 1423 or 1432 of the Safe Drinking Water Act (42 U.S.C. 300h-2, 300i-1); ``(4) section 3008(d) of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6928(d)); ``(5) section 113(c)(1) or 113(c)(2) of the Clean Air Act (42 U.S.C. 7413(c)(1), 7413(c)(2)); ``(6) section 103(b) or 103(d) of the Comprehensive Response, Compensation, and Liability Act (42 U.S.C. 9603(b), 9603(d)); ``(7) section 325(b)(4) of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11045(b)(4)); or ``(8) section 5124, 60123(a), or 60123(b) of title 49, United States Code. ``(b) Any person who commits a criminal violation of Federal environmental law identified in this subsection that is the direct or proximate cause of serious bodily injury to or death of any other person, including a Federal, State, local, or tribal government employee performing official duties as a result of the violation, shall be subject to a maximum term of imprisonment of five years, a fine of not more than $250,000, or both, and, if a defendant is an organization, to a fine of not more than $1,000,000. The laws to which this subsection applies are-- ``(1) section 14(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136l(b)); or ``(2) section 16(b) of the Toxic Substances Control Act (15 U.S.C. 2615(b)). ``(c) For purposes of this section, the term `serious bodily injury' means bodily injury which involves-- ``(1) unconsciousness; ``(2) extreme physical pain; ``(3) protracted and obvious disfigurement; or ``(4) protracted loss or impairment of the function of a bodily member, organ, or mental faculty. ``(d) For purposes of this section, the term `organization' means a legal entity, other than a government, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons.'' (b) The table of sections of chapter 39 of title 18, United States Code, is amended by adding the following after the item relating to section 837: ``Sec. 838. Protection of government employees and the public from environmental crimes.''. SEC. 5. ENVIRONMENTAL CRIMES TRAINING FOR STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT. (a) This section may be cited as the ``Environmental Crimes Training Act of 1996''. (b) The Administrator of the Environmental Protection Agency, as soon as practicable, within the Office of Enforcement and Compliance Assurance, shall establish the State, Local, and Tribal Environmental Enforcement Training Program to be administered by the National Enforcement Training Institute within the Office of Criminal Enforcement, Forensics and Training. This Program shall be dedicated to training State, local, and tribal law enforcement personnel in the investigation of environmental crimes at the Federal Law Enforcement Training Center (FLETC) in Glynn County, Georgia at the EPA-FLETC training center or other training sites which are accessible to State, local, and tribal law enforcement. State, local, and tribal law enforcement personnel shall include, among others, the following: inspectors, civil and criminal investigators, technical experts, regulators, government lawyers, and police. SEC. 6. STATUTE OF LIMITATIONS. (a) Chapter 213 of title 18, United States Code, is amended by adding after section 3294 the following new section: ``Sec. 3295. Felony environmental crimes ``(a) No person shall be prosecuted, tried, or punished for a violation of, or a conspiracy to violate, any of the offenses listed in subsection (b) unless the indictment is returned or the information is filed within five years after the offense is committed; however, when a person commits an affirmative act that conceals the offense from any Federal, State, local, or tribal government agency, that person shall not be prosecuted, tried, or punished for a violation of, or a conspiracy to violate, any of the offenses listed below in subsection (b) unless the indictment is returned or the information is filed within five years after the offense is committed, or within three years after the offense is discovered by a government agency, whichever is later but in no event later than eight years after the offense is committed. ``(b) This section applies to a violation of-- ``(1) section 309(c)(2), 309(c)(3), 309(c)(4), or 311(b)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1319(c)(2), 1319(c)(3), 1319(c)(4), 1321(b)(5)); ``(2) section 105(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)); ``(3) section 9(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1908(a)); ``(4) section 4109(c) of the Shore Protection Act of 1988 (33 U.S.C. 2609(c)); ``(5) section 1423 or 1432 of the Safe Drinking Water Act (42 U.S.C. 300h-2, 300i-1); ``(6) section 3008(d) or 3008(e) of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6928(d), 6928(e)); ``(7) section 113(c)(1), 113(c)(2), 113(c)(3), or 113(c)(5) of the Clean Air Act (42 U.S.C. 7413(c)(1), 7413(c)(2), 7413(c)(3), 7413(c)(5)); ``(8) section 103(b) or 103(d) of the Comprehensive Response, Compensation, and Liability Act (42 U.S.C. 9603(b), 9603(d)); ``(9) section 325(b)(4) of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11045(b)(4)); or ``(10) section 5124, 60123(a), or 60123(b) of title 49, United States Code.''. (b) The table of sections of chapter 213 of title 18, United States Code, is amended by adding after the item referring to section 3294 the following new item: ``Sec. 3295. Felony environmental crimes.''. SEC. 7. ATTEMPTS. (a) Section 14(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 1361(b)) is amended by adding a new paragraph 14(b)(5): ``(5) Attempts.--Any person who attempts to commit the conduct that constitutes an offense under paragraph (1) of this subsection shall be subject to the same penalties as those prescribed for such an offense.''. (b) Section 16(b) of the Toxic Substances Control Act (15 U.S.C. 2615(b)), is amended by inserting ``(1)'' before ``Any'' and by adding the following new paragraph: ``(2) Any person who attempts to commit the conduct that constitutes any offense under paragraph (1) of this subsection shall be subject to the same penalties as those prescribed for such offense.''. (c) Section 309(c) of the Federal Water Pollution Control Act (33 U.S.C. 1319(c)), is amended by adding after paragraph (7) the following new paragraph 309(c)(8): ``(8) Any person who attempts to commit the conduct that constitutes any offense under paragraphs (2), (3), or (4) of this subsection shall be subject to the same penalties as those prescribed for such offense.''. (d) Section 105(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)), is amended by striking ``and'' at the end of paragraph (1), striking the period at the end of (2)(B), and inserting ``; and'', and adding after paragraph (2) the following new paragraph: ``(3) Any person who attempts to commit the conduct that constitutes any offense under paragraph (l) of this subsection shall be subject to the same penalties as those prescribed for such offense.''. (e) Section 9(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1908(a)), is amended by inserting ``(1)'' before ``(A)'' and by adding the following new paragraph: ``(2) Any person who attempts to commit the conduct that constitutes any offense under paragraph (1) of this subsection shall be subject to the same penalties as those prescribed for such offense.''. (f) Section 3008 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6928), is amended by adding after subsection 3008(h) the following new subsection-- ``(i) Any person who attempts to commit the conduct that constitutes any offense under subsections (d) or (e) of this section shall be subject to the same penalties as those prescribed for such offense.''. (g) Section 113(c) of the Clean Air Act (42 U.S.C. 7413(c)), is amended by adding after paragraph 6 the following new paragraph: ``(7) Any person who attempts to commit the conduct that constitutes any offense under subsections (1), (2), or (3) of this section shall be subject to the same penalties as those prescribed for such offense.''. SEC. 8. ENVIRONMENTAL CRIMES RESTITUTION. (a) Section 3663(a)(1) of title 18, United States Code, is amended by striking ``or'' before ``section 46312'' and inserting ``or an environmental crime listed in section 3674 of this title,'' after ``section 3663A(c),''. (b) Subsection 3663(b) of title 18, United States Code, is amended by striking ``and'' at the end of paragraph (4), striking the period at the end of paragraph (5) and inserting ``; and'', and adding after paragraph (5) the following new paragraph-- ``(6) in the case of an offense resulting in pollution of or damage to the environment, pay for removal and remediation of the environmental pollution or damage and restoration of the environment, to the extent of the pollution or damage resulting from the offense; in such a case, the term `victim' in section 3663(a)(2) includes a community or communities, whether or not the members are individually identified.''.

Environmental Crimes and Enforcement Act of 1996 - Provides that, upon motion of the United States, any person found guilty of a criminal violation of specified Federal environmental laws, or conspiracy to violate such laws, may be ordered to pay the costs incurred by a State, local, or tribal government or an agency thereof for assistance to the Federal Government's investigation and criminal prosecution of the case, with the payments used solely for environmental law enforcement. Sets penalties for individuals and organizations that commit a criminal violation of listed Federal environmental laws which causes "serious bodily injury" to or the death of any other person, including a Federal, State, local, or tribal government employee performing official duties as a result of the violation. Environmental Crimes Training Act of 1996 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish within EPA's Office of Enforcement and Compliance Assurance a State, Local, and Tribal Enforcement Training Program to train State, local, and tribal law enforcement personnel in the investigation of environmental crimes. Sets a five-year statute of limitations (longer in cases of concealment of the offense by an affirmative act) for violation of, or a conspiracy to violate, specified Federal environmental laws. Amends various Federal environmental laws to cover attempts to engage in proscribed conduct. Amends the Federal criminal code to authorize the court to order restitution for listed Federal environmental crimes, including, in the case of an offense resulting in pollution of or damage to the environment, payment for removal and remediation of the pollution or damage and restoration of the environment. Defines "victim" of the offense in such cases to include a community or communities, whether or not the members are individually identified.

Environmental Crimes and Enforcement Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bridges of Hope for Transitional Health Insurance Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The national policy of advancing global free trade through treaties such as NAFTA, CAFTA and supporting the accession of certain countries to the World Trade Organization have opened the markets of the United States to a range of products that have facilitated the export of American jobs and resulted in the enormous loss of employment in the United States for our citizens. (2) This transformation has not been accompanied by a Federal commitment to reorient, retrain, relocate, or re-employ individuals in selective State economies dependent upon a previously robust industrial employment opportunity to minimal immediate new economic opportunities through well-funded temporary assistance and economic support program capable of breaching the loss of jobs and economic opportunities thereby leaving individuals in the depressed States without the opportunity to maintain a decent quality of life and health security by threatening the loss of health insurance coverage. (3) The responsibility for the transformation of State economies where economic dislocation occurs is the primary responsibility of the governmental unit whose policies caused such a change in the underlying economic base and have such profound impacts that the State alone cannot be reasonably expected to mobilize financial resources to bring about prosperity when the State's own tax resources are declining. (4) The impact has been to so erode the underlying structural base of a State that results in a decline in funding for existing health safety and welfare programs that may be supported by the State government. Acting alone the State government cannot remedy the devastating impact on individuals who must alter the quality of their lifestyle so radically that health choices become beyond the reach of average families who have no where else to go. (5) In the State of Michigan alone the average unemployment rate has been 2.5 times the national average for over 56 months and the State is projected to lose more than 63,000 more factory jobs by 2007 with no hope for rapid implementation to re-employ such individuals whose only real wealth is their homestead that cannot be relocated and whose skill levels. But these individuals cannot find employment to replace the wages they lost and they are risking foregoing payment of health insurance in order to preserve their homestead. (6) The distress suffered by these State industrial economies cannot be rectified by State Governments alone and it requires the intervention of the Federal Government to provide a bridge fund of transitional financial assistance to individuals to maintain their health insurance premium payments. (7) The Federal Government has the responsibility to establish a health insurance premium enhancement program to provide individuals a continuity of care and continuum of lifestyles in a circumstance where the balance of cost-of- living expenses and mortgage payments force them to abandon health care coverage and may subject them and their families to irreparable harm thereby endangering the health safety and welfare of everyone in their communities. (b) Purpose.--The purpose of this Act is to establish a Bridges of Hope for Transitional Health Insurance Program to provide premium relief for individual workers through a local public health authorities acting as a fiduciary on their behalf. SEC. 3. ESTABLISHMENT OF BRIDGES OF HOPE FOR TRANSITIONAL HEALTH INSURANCE PROGRAM. (a) In General.--The Public Health Service Act is amended by adding at the end the following new title: ``TITLE XXIX--BRIDGES OF HOPE FOR TRANSITIONAL HEALTH INSURANCE PROGRAM ``SEC. 2901. ESTABLISHMENT OF PROGRAM. ``(a) In General.--The Secretary shall establish a program under this title to provide funds to eligible public health authorities (as defined in section 2903(1)) for the provision of temporary assistance to individual workers who have suffered from permanent changes in a major segment of industrial production employment in a sector of the economy in an area through irreversible structural changes. ``(b) Application by Eligible Public Health Authorities.-- ``(1) In general.--To be eligible to receive funds under this title, an eligible public health authority shall submit an application with the Secretary in such form and manner as the Secretary specifies. ``(2) Prompt consideration of application.--Such an application shall be treated as complete and accurate unless the Secretary, within 60 days of the date of the application's submission, provides notice to the submitting official that-- ``(A) states that the application is either incomplete or inaccurate (or both); and ``(B) provides specific reasons for the application being incomplete or inaccurate. ``(c) Approval of Applications.-- ``(1) Requirements.--The Secretary shall not approve the application under subsection (b) of an eligible public health authority serving an area within a State unless the Secretary determines that the following requirements are met: ``(A) Economic dislocation.--Such application includes (or is accompanied by) a statement of specific facts that demonstrate that there is an economic dislocation in such area that-- ``(i) results in the creation of an employment shortage for individuals employed in a particular segment of the industrial economy; and ``(ii) is attributable in part to national treaties, statutes, policies and objectives. ``(B) High unemployment.-- The unemployment rate in such area, and in such State, is 25 percent higher than the national average unemployment rate for six or more calendar quarters. ``(C) High tax burden.--The tax burden (as measured by the percentage of per capita income estimated to be spent on State and local taxes) for the State is above the national average of such tax burden for all the States. ``(2) Priority.--The Secretary shall give priority in approving an application of an eligible public health authority that is serving a State that has a population of at least 9,000,000 and an unemployment rate that is at least 7 percent (or, if less, at least 2.5 percentage points above the national unemployment rate). ``(d) Use of Funds.-- ``(1) In general.--Funds provided under this section to an eligible public health authority shall be used by the authority to provide a program (in this title referred to as a `Bridges program') that-- ``(A) provides assistance in paying for health care premiums for employees and former employees (and their family members) in the area served by the authority; and ``(B) meets the applicable requirements of subsection (e). ``(2) Authorities.--An eligible public health authority provided funds under this title is authorized to use such funds to carry out a Bridges program and, in connection with such a program, for any of the following purposes: ``(A) To make public service announcements about the availability of the funding under this title. ``(B) To develop an intake system for applicants under the program and retain contractors to assist in the application process. ``(C) To verify income, employment home ownership documents, credit reports, and tax returns for the validity of current financial circumstances. ``(D) To establish various programs and co-pays for individuals to participate in the program until gainful employment makes the assistance unnecessary. ``(E) To negotiate with various health insurance and group health plans to provide health benefits coverage (including coverage under a COBRA continuation provision, as defined in section 2791(d)(4)) under the program in a manner that is affordable and coverage a broad type of services. ``(F) To monitor coverage provided under the program. ``(3) Limitation on use of funds for administrative purposes.--An eligible public health authority may use not more than 5 percent of the funds provided to it under this title for administrative purposes. ``(e) Program Requirements.--A Bridges program of an eligible public health authority shall meet the following requirements: ``(1) Sliding scale assistance.-- ``(A) In general.--The program shall provide assistance with premium payments on a sliding scale that takes into account-- ``(i) the financial condition (and previous financial condition) of the individual involved; ``(ii) the wage structure and compensation scale for similar individuals within the area served by the program; and ``(iii) the amount of disposable income remaining for that individual based on their fixed costs and discretionary spending. ``(2) Guidelines.-- ``(A) In general.--The authority shall establish and publish guidelines-- ``(i) for the type and level of individual support provided based on different income levels, including the allocation of premium responsibility between the authority, the individual, and an employer (or former employer); and ``(ii) for verification and validation by the authority of individual applicants. ``(B) Treatment of assets.--Such guidelines-- ``(i) shall not take into account the value of the homestead or other non-liquid assets of the individual; and ``(ii) shall be designed to result in a level of assistance for an individual necessary to cover the cost of maintaining adequate health benefits coverage for the individual and the individual's family at a level that preceded the adverse consequences of the economic dislocation for the area involved. ``(3) Assignment to insurers; negotiation authority.--An eligible public health authority may aggregate and assign individuals making application to the authority for assistance under this title to various insurers and may negotiate on behalf of the authority and the Federal government for health insurance opportunities that improve the range of coverage and plans or result in a more reasonable premium or a greater mix of covered services and coverage on behalf of the enrolled members. ``SEC. 2902. FUNDING. ``(a) Authorization of Appropriations.--There are authorized to be appropriated, beginning with fiscal year 2007, such sums as may be necessary to provide for funding to eligible public health authorities under section 2901. ``(b) Distribution of Funds.-- ``(1) In general.--Of the amounts appropriated under subsection (a), the Secretary shall provide for the distribution of funds, among authorities with applications approved under section 2901, based upon a formula that, subject to paragraph (2), takes into account-- ``(A) the number of individuals (and families) for which assistance will be provided by each authority; ``(B) the income levels for such families; and ``(C) the cost of health benefits coverage (for which such assistance will be provided) in the area involved. ``(2) Overhead allotment.--Of the funds made available under this title to eligible public health authorities, there shall be made available to each authority (before the application of the formula under paragraph (1)) an amount (specified by the Secretary) that would allow for the immediate establishment of the administrative framework in order to implement a Bridges program in the area served by such authority. ``(c) Supplemental Funding.--The funds provided by this title are in addition to, and shall not in any manner diminish, the current level of financial assistance and support to any programs that are provided for under any other appropriation providing assistance to hospitals and providers, and shall not affect benefits provided to businesses or individual workers under any unemployment program or otherwise. Funding under such programs shall not be diminished as a result of assistance provided under this title. ``SEC. 2903. DEFINITIONS. ``For purposes of this title: ``(1) The term `eligible public health authority' means a public agency that-- ``(A) is created pursuant to State law (which may be through an intergovernmental compact authorized under such law); ``(B) is comprised of two or more units of government; ``(C) has a catchment area that includes a population of at least 125,000 individuals; and ``(D) has a charter that includes, as a principal purpose, the provision of assistance to local, county, and State units of government or employers, employees and health insurance organizations or security pools regulated by State government. ``(2) The term `State' includes the District of Columbia.''. (b) Conforming Amendment.--Section 2(f) of such Act (42 U.S.C. 201(f)) is amended by striking ``or 1633(1)'' and inserting ``1633(1), and 2903(2)''.

Bridges of Hope for Transitional Health Insurance Act of 2006 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a program to provide funds to eligible public health authorities for the provision of temporary assistance to individual workers who have suffered from permanent changes in a major segment of industrial production employment in a sector of the economy in an area through irreversible structural changes. Sets forth funding eligibility requirements, including that there is an economic dislocation in the area that results in the creation of an employment shortage for individuals in a particular segment of the industrial economy that is attributable to national treaties, statutes, policies, and objectives. Requires a program to: (1) provide assistance in paying for health care premiums for employees and former employees (and their family members) in the area served by the authority; and (2) provide such assistance on a sliding scale that does not take into account the value of an individual's homestead or other non-liquid assets. Allows an eligible public health authority to aggregate and assign individuals to various insurers and to negotiate on behalf of the authority and the federal government for health insurance opportunities that improve the range of coverage and plans or that result in a more reasonable premium or a greater mix of coverage and covered services.

To amend the Public Health Service Act to provide for Federal funding of a Bridges of Hope for Transitional Health Insurance Program to provide, through State inter-governmental public health authorities, displaced employees with assistance for health insurance premiums for themselves and their families.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Spamming Act of 2001''. SEC. 2. PROTECTION FROM FRAUDULENT UNSOLICITED E-MAIL. Section 1030 of title 18, United States Code, is amended-- (1) in subsection (a)(5)-- (A) by striking ``or'' at the end of subparagraph (B); and (B) by inserting after subparagraph (C) the following: ``(D) intentionally and without authorization initiates the transmission of a bulk unsolicited electronic mail message to a protected computer with knowledge that such message falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier; or ``(E) intentionally sells or distributes any computer program that-- ``(i) is designed or produced primarily for the purpose of concealing the source or routing information of bulk unsolicited electronic mail messages in a manner prohibited by subparagraph (D) of this paragraph; ``(ii) has only limited commercially significant purpose or use other than to conceal such source or routing information; or ``(iii) is marketed by the violator or another person acting in concert with the violator and with the violator's knowledge for use in concealing the source or routing information of such messages''; (2) in subsection (c)(2)(A)-- (A) by inserting ``(i)'' after ``in the case of an offense''; and (B) by inserting after ``an offense punishable under this subparagraph;'' the following: ``or (ii) under subsection (a)(5)(D) or (a)(5)(E) of this section which results in damage to a protected computer''; (3) in subsection (c)(2)-- (A) by adding at the end the following: ``(D) in the case of a violation of subsection (a)(5) (D) or (E), actual monetary loss and statutory damages of $15,000 per violation or an amount of up to $10 per message per violation whichever is greater; and''; and (B) by striking ``and'' at the end of subparagraph (A); (4) in subsection (e)-- (A) by striking ``and'' at the end of paragraph (8); (B) by striking the period at the end of paragraph (9); and (C) by adding at the end the following: ``(10) the term `initiates the transmission' means, in the case of an electronic mail message, to originate the electronic mail message, and excludes the actions of any interactive computer service whose facilities or services are used by another person to transmit, relay, or otherwise handle such message; ``(11) the term `Internet domain' means a specific computer system (commonly referred to as a `host') or collection of computer systems attached to or able to be referenced from the Internet which are assigned a specific reference point on the Internet (commonly referred to as an `Internet domain name') and registered with an organization recognized by the Internet industry as a registrant of Internet domains; ``(12) the term `unsolicited electronic mail message' means any substantially identical electronic mail message other than electronic mail initiated by any person to others with whom such person has a prior relationship, including prior business relationship, or electronic mail sent by a source to recipients where such recipients, or their designees, have at any time affirmatively requested to receive communications from that source; and ``(13) the term `Internet' means all computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected network of networks that employ the Transmission Control Protocol/ Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.''; and (5) in subsection (g), by inserting ``and reasonable attorneys' fees and other litigation costs reasonably incurred in connection with the civil action'' after ``injunctive relief or other equitable relief''. 107th CONGRESS 1st Session H. R. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES Mr. introduced the following bill; which was referred to the Committee on _______________________________________________________________________ A BILL Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Anti-Spamming Act of 2001 - Amends the Federal criminal code to make it unlawful for anyone to intentionally: (1) and without authorization initiate the transmission of a bulk unsolicited electronic mail (e-mail) message to a protected computer with knowledge that such message falsifies an Internet domain or other identifier; or (2) sell or distribute any computer program that is designed to conceal the source or routing information of such e-mail, has only limited commercial use otherwise, or is marketed for use in concealing such information. Provides civil penalties. Allows attorneys' fees and other litigation costs as part of civil relief from such violations.

To prohibit the unsolicited e-mail known as "spam".

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pedestrian and Cyclist Equity Act of 2003''. SEC. 2. TRANSPORTATION AND ACTIVE LIVING PROGRAM. (a) In General.--Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 165. Transportation and active living program ``(a) In General.--Subject to the requirements of this section, the Secretary shall establish and carry out a transportation and active living program. ``(b) Purpose.--The purpose of the program shall be to create, enhance, and promote, through changes in transportation, community design, and architectural policies and programs, community environments that improve opportunities for people to be physically active in their daily lives. ``(c) Grants.--In carrying out the program, the Secretary shall make grants to State, local, and regional agencies, including nonprofit organizations, for eligible activities. ``(d) Eligible Activities.--In making grants under this section, the Secretary may consider initiatives that-- ``(1) adopt community design, land use, and transportation policies that promote active living or remove barriers to physical activity, including policies that-- ``(A) integrate land use and transportation planning processes to promote nonmotorized travel choices; ``(B) incorporate pedestrian- and bicycle-friendly features into community planning or legislative initiatives; ``(C) develop campaigns and provide technical assistance for safe routes to school; ``(D) implement commuter choice options and provide incentives for walking and bicycling; ``(E) enhance accessibility and mobility initiatives for people with disabilities; and ``(F) improve access to transit, parks, and recreation areas; and ``(2) implement communications and marketing strategies to promote physical activity, including strategies that-- ``(A) promote the use of systems and facilities that increase physical activity, such as bikeways, trails, parks, and transit; ``(B) promote awareness and understanding of the benefits of environments that support physical activity; ``(C) provide school and workplace education about resources to support a physically active lifestyle; and ``(D) engage local media and organize periodic events about issues related to physical activity. ``(c) Eligible Applicants.-- ``(1) Applications.--A State, local, or regional agency, including a nonprofit organization, shall be eligible for a grant under this section if the agency submits to the Secretary an application in such form and containing such information as the Secretary may require. ``(2) Ability of applicant.--The Secretary shall require each applicant to demonstrate the ability to address, as part of ongoing local planning, development, and transportation efforts, the needs of diverse populations for physical activity. ``(3) Preference.--The Secretary shall give preference to applicants that demonstrate interdisciplinary alliances, engage governmental entities, and propose innovative policies, programs, and communications strategies that have the potential to increase access and remove barriers to physical activity. ``(d) Use of Funds.-- ``(1) Eligible uses.--Amounts from grants under this section may be used for salaries, data collection and analysis, meetings, supplies, and other direct project expenses, including a limited amount of essential equipment. ``(2) Prohibited uses.--Amounts from grants under this section may not be used to construct, reconstruct, or renovate facilities or as a substitute for funds currently being used to support similar activities. ``(e) Distribution of Funds.--To ensure a broad geographical distribution of funds, the total amount awarded in grants under this section to applicants in any State may not exceed $1,000,000 for a fiscal year. ``(f) Federal Share.--The Federal share of the cost of a project funded under this section shall be 100 percent. ``(g) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $25,000,000 for each of the fiscal years 2004 through 2009. ``(h) Period of Availability.--Notwithstanding section 118(b)(2), amounts allocated under this section shall remain available until expended.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 164 the following: ``165. Transportation and active living program.''. SEC. 3. SAFE ROUTES TO SCHOOL PROGRAM. (a) In General.--Subchapter I of chapter 1 of title 23, United States Code, is further amended by adding at the end the following: ``Sec. 166. Safe routes to school program ``(a) Establishment.--Subject to the requirements of this section, the Secretary shall establish and carry out a safe routes to school program for the benefit of children in primary and middle schools. ``(b) Purposes.--The purposes of the program shall be-- ``(1) to enable and encourage children to walk and bicycle to school; ``(2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and ``(3) to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools. ``(c) Apportionment of Funds.-- ``(1) In general.--Subject to paragraphs (2) and (3), amounts made available to carry out this section for a fiscal year shall be apportioned among the States in the ratio that-- ``(A) the total student enrollment in primary and middle schools in each State; bears to ``(B) the total student enrollment in primary and middle schools in all the States. ``(2) Minimum apportionment.--No State shall receive an apportionment under this section for a fiscal year of less than $2,000,000. ``(3) Set-aside.--Before apportioning amounts under this subsection for a fiscal year, the Secretary shall set aside such sums as may be necessary for the administrative expenses of the Secretary in carrying out this section. ``(4) Determination of student enrollments.--Determinations under this subsection concerning student enrollments shall be made by the Secretary. ``(d) Administration of Amounts.--Amounts apportioned to a State under this section shall be administered by the State's department of transportation. ``(e) Eligible Recipients.--Amounts apportioned to a State under this section shall be used by the State to provide financial assistance to State, local, and regional agencies, including nonprofit organizations, that demonstrate an ability to meet the requirements of this section. ``(f) Eligible Projects and Activities.-- ``(1) Infrastructure-related projects.-- ``(A) In general.--Amounts apportioned to a State under this section and section 104(b)(3) may be used for the planning, design, and construction of infrastructure-related projects to encourage walking and bicycling to school, including-- ``(i) sidewalk improvements; ``(ii) traffic calming and speed reduction improvements; ``(iii) pedestrian and bicycle crossing improvements; ``(iv) on-street bicycle facilities; ``(v) off-street bicycle and pedestrian facilities; ``(vi) secure bicycle parking facilities; and ``(vii) traffic diversion improvements in the vicinity of schools. ``(B) Location of projects.--Infrastructure-related projects under paragraph (1) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools. ``(2) Noninfrastructure-related activities.-- ``(A) In general.--In addition to projects described in paragraph (1), amounts apportioned to a State under this section may be used for noninfrastructure-related activities to encourage walking and bicycling to school, including-- ``(i) public awareness campaigns and outreach to press and community leaders; ``(ii) traffic education and enforcement in the vicinity of schools; ``(iii) student sessions on bicycle and pedestrian safety, health, and environment; and ``(iv) funding for training, volunteers, and coordinators of safe routes to school programs. ``(B) Allocation.--Not less than 10 percent of the amounts apportioned to a State under this section for a fiscal year shall be used for noninfrastructure-related activities under this paragraph. ``(3) Safe routes to school coordinator.--Each State receiving an apportionment under this section for a fiscal year shall use a sufficient amount of the apportionment to fund a full-time position of coordinator of the State's safe routes to school program. ``(g) Clearinghouse.-- ``(1) In general.--The Secretary shall make grants to a national nonprofit organization engaged in promoting safe routes to schools to-- ``(A) operate a national safe routes to school clearinghouse; ``(B) develop information and educational programs on safe routes to school; and ``(C) provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs. ``(2) Funding.--The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (c)(3). ``(h) Task Force.-- ``(1) In general.--The Secretary shall establish a national safe routes to school task force composed of leaders in health, transportation, and education, including representatives of appropriate Federal agencies, to study and develop a strategy for advancing safe routes to school programs nationwide. ``(2) Report.--Not later than March 30, 2005, the Secretary shall transmit to Congress a report containing the results of the study conducted, and a description of the strategy developed, under paragraph (1). ``(3) Funding.--The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (c)(3). ``(i) Federal Share.--The Federal share of the cost of a project or activity funded under this section shall be 100 percent. ``(j) Definitions.-- ``(1) In the vicinity of schools.--The term `in the vicinity of schools' means, with respect to a school, the area within bicycling and walking distance of the school (approximately 2 miles). ``(2) Primary and middle schools.--The term `primary and middle schools' means schools providing education from kindergarten through eighth grade. ``(k) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $250,000,000 for each of the fiscal years 2004 through 2009. ``(l) Period of Availability.--Notwithstanding section 118(b)(2), amounts apportioned under this section shall remain available until expended.''. (b) Conforming Amendments.-- (1) Chapter analysis.--The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 165 the following: ``166. Safe routes to school program.''. (2) Surface transportation program.--Section 133(b) of title 23, United States Code, is amended by adding at the end the following: ``(15) Infrastructure-related projects to encourage walking and bicycling to school in accordance with section 166.''. SEC. 4. NONMOTORIZED TRANSPORTATION PILOT PROGRAM. (a) Establishment of Program.--Subchapter I of chapter 1 of title 23, United States Code, is further amended by adding at the end the following: ``Sec. 167. Nonmotorized transportation pilot program ``(a) Establishment.--The Secretary shall establish and carry out a nonmotorized transportation pilot program to construct, in 3 communities selected by the Secretary, a network of nonmotorized transportation infrastructure facilities, including sidewalks, bicycle lanes, and pathways, that connect directly with transit stations, schools, residences, businesses, and other community activity centers. ``(b) Purpose.--The purpose of the program shall be to demonstrate the extent to which bicycling and walking can carry a significant part of the transportation load, and represent a major portion of the transportation solution, within selected communities. ``(c) Grants.--In carrying out the program, the Secretary may make grants to State, local, and regional agencies, including nonprofit organizations, that the Secretary determines are suitably equipped and organized to carry out the requirements of this section. ``(d) Statistical Information.--In carrying out the program, the Secretary shall develop statistical information on changes in motorized, nonmotorized, and transit use in communities participating in the program and assess how such changes support and promote livable community concepts, decreased traffic and energy usage, a cleaner environment, and healthier lifestyles. ``(e) Federal Share.--The Federal share of the cost of a project or activity funded under this section shall be 80 percent. ``(f) Reports.--The Secretary shall transmit to Congress an interim report not later than September 30, 2007, and a final report not later than September 30, 2010, on the results of the program. ``(g) Authorization of Appropriations.-- ``(1) Highway trust fund.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $20,000,000 for each of the fiscal years 2004 through 2006 and $40,000,000 for each of the fiscal years 2007 through 2009. ``(2) Mass transit account of highway trust fund.--There is authorized to be appropriated out of the Mass Transit Account of the Highway Trust Fund to carry out this section $5,000,000 for each of the fiscal years 2004 through 2006 and $10,000,000 for each of the fiscal years 2007 through 2009. ``(h) Period of Availability.--Notwithstanding any other provision of law, funds allocated under this section shall remain available until expended.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 166 the following: ``167. Nonmotorized transportation pilot program.''.

Pedestrian and Cyclist Equity Act of 2003 - Requires the Secretary of Transportation to establish and carry out a transportation and active living program to create, enhance, and promote, through changes in transportation, community design, and architectural policies and programs, community environments that improve opportunities for people to be physically active in their daily lives. Directs the Secretary to make grants to State, local, and regional agencies, including nonprofit organizations, for eligible activities. Authorizes the Secretary to consider initiatives that: (1) adopt community design, land use, and transportation policies to promote active living or remove barriers to physical activity; and (2) implement communications and marketing strategies to promote physical activity. Requires the Secretary to establish and carry out a safe routes to school program for the benefit of children in primary and middle schools. Directs the Secretary to: (1) make grants to a national nonprofit organization to operate a national safe routes to school clearinghouse; and (2) establish a national safe routes to school task force. Allows amounts apportioned to a State to be used for the planning, design, and construction of infrastructure-related projects (including sidewalk improvements) and for non-infrastructure-related activities (including public awareness campaigns) to encourage walking and bicycling to school. Requires the Secretary to establish and carry out a non-motorized transportation pilot program, including developing specified statistical information and assessing how changes promote livable community concepts, decreased traffic and energy usage, a cleaner environment, and healthier lifestyles.

To amend title 23, United States Code, to establish a transportation and active living program, a safe routes to school program, and a nonmotorized transportation pilot program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``San Juan County Settlement Implementation Act''. SEC. 2. EXCHANGE OF COAL PREFERENCE RIGHT LEASE APPLICATIONS. (a) Definitions.--In this section: (1) Bidding right.--The term ``bidding right'' means an appropriate legal instrument or other written documentation, including an entry in an account managed by the Secretary, issued or created under subpart 3435 of title 43, Code of Federal Regulations, that may be used-- (A) in lieu of a monetary payment for 50 percent of a bonus bid for a coal lease sale under the Mineral Leasing Act (30 U.S.C. 181 et seq.); or (B) as a monetary credit against 50 percent of any rental or royalty payments due under any Federal coal lease. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Use of Bidding Right.-- (1) In general.--If the Secretary retires a coal preference right lease application under the Mineral Leasing Act (30 U.S.C. 181 et seq.) by issuing a bidding right in exchange for the relinquishment of the coal preference right lease application, the bidding right subsequently may be used in lieu of 50 percent of the amount owed for any monetary payment of-- (A) a bonus in a coal lease sale; or (B) rental or royalty under a Federal coal lease. (2) Payment calculation.-- (A) In general.--The Secretary shall calculate a payment of amounts owed to a relevant State under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)) based on the combined value of the bidding rights and amounts received. (B) Amounts received.--Except as provided in this subsection, for purposes of calculating the payment of amounts owed to a relevant State under subparagraph (A) only, a bidding right shall be considered amounts received. (c) Source of Payments.--The Secretary shall make payments to the relevant State under subsection (b) from monetary payments received by the Secretary when bidding rights are exercised under this Act. (d) Treatment of Payments.--A payment to a State under this section shall be treated as a payment under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)). (e) Transferability; Limitation.-- (1) Transferability.--A bidding right issued for a coal preference right lease application under the Mineral Leasing Act (30 U.S.C. 181 et seq.) shall be fully transferable to any other person. (2) Notification of secretary.--A person who transfers a bidding right shall notify the Secretary of the transfer by any method determined to be appropriate by the Secretary. (3) Effective period.-- (A) In general.--A bidding right issued under the Mineral Leasing Act (30 U.S.C. 181 et seq.) shall terminate on the expiration of the 7-year period beginning on the date the bidding right is issued. (B) Tolling of period.--The 7-year period described in subparagraph (A) shall be tolled during any period in which exercise of the bidding right is precluded by temporary injunctive relief granted under, or administrative, legislative, or judicial suspension of, the Federal coal leasing program. (f) Deadline.--If an existing settlement of a coal preference right lease application has not been implemented as of the date of enactment of this Act, not later than 180 days after that date of enactment, the Secretary shall complete the bidding rights valuation process in accordance with the terms of the settlement. SEC. 3. CERTAIN LAND SELECTIONS OF THE NAVAJO NATION. (a) Cancellation of Certain Selections.--The land selections made by the Navajo Nation pursuant to Public Law 93-531 (commonly known as the ``Navajo-Hopi Land Settlement Act of 1974'') (25 U.S.C. 640d et seq.) that are depicted on the map entitled ``Navajo-Hopi Land Settlement Act Selected Lands'' and dated April 2, 2015, are cancelled. (b) Authorization for New Selection.-- (1) In general.--Subject to paragraphs (2), (3), and (4) and subsection (c), the Navajo Nation may make new land selections in accordance with the Act referred to in subsection (a) to replace the land selections cancelled under that subsection. (2) Acreage cap.--The total acreage of land selected under paragraph (1) shall not exceed 15,000 acres of land. (3) Exclusions.--The following land shall not be eligible for selection under paragraph (1): (A) Land within a unit of the National Landscape Conservation System. (B) Land within-- (i) the Glade Run Recreation Area; (ii) the Fossil Forest Research Natural Area; or (iii) a special management area or area of critical environmental concern identified in a land use plan developed under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) that is in effect on the date of enactment of this Act. (C) Any land subject to a lease or contract under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Act of July 31, 1947 (commonly known as the ``Materials Act of 1947'') (30 U.S.C. 601 et seq.), as of the date of the selection. (4) Deadline.--Not later than 7 years after the date of enactment of this Act, the Navajo Nation shall make all selections under paragraph (1). (5) Withdrawal.--Any land selected by the Navajo Nation under paragraph (1) shall be withdrawn from disposal, leasing, and development until the date on which the selected land is placed into trust for the Navajo Nation. (c) Equal Value.-- (1) In general.--Notwithstanding the acreage limitation in the second proviso of section 11(c) of Public Law 93-531 (commonly known as the ``Navajo-Hopi Land Settlement Act of 1974'') (25 U.S.C. 640d-10(c)) and subject to subsection (b)(2), the value of the land selected under subsection (b)(1) and the land subject to selections cancellation under subsection (a) shall be equal, based on appraisals conducted under paragraph (2). (2) Appraisals.-- (A) In general.--The value of the land selected under subsection (b)(1) and the land subject to selections cancelled under subsection (a) shall be determined by appraisals conducted in accordance with-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (B) Timing.-- (i) Land subject to selections cancelled.-- Not later than 18 months after the date of enactment of this Act, the appraisal under subparagraph (A) of the land subject to selections cancelled under subsection (a) shall be completed. (ii) New selections.--The appraisals under subparagraph (A) of the land selected under subsection (b)(1) shall be completed as the Navajo Nation finalizes those land selections. (d) Boundary.--For purposes of this section and the Act referred to in subsection (a), the present boundary of the Navajo Reservation is depicted on the map entitled ``Navajo Nation Boundary'' and dated November 16, 2015.

San Juan County Settlement Implementation Act This bill provides that if the Department of the Interior retires a coal preference right lease application under the Mineral Leasing Act by issuing a bidding right in exchange for the relinquishment of such application, such bidding right may subsequently be used in lieu of 50% of the amount owed for any monetary payment of: (1) a bonus in a coal lease sale; or (2) rental or royalty under a federal coal lease. Interior shall calculate a payment of the amounts owed to a relevant state pursuant to such Act based on the combined value of the bidding rights and the amounts received. Interior shall make such payments to a relevant state from monetary payments received by Interior when bidding rights are exercised pursuant to this bill. A bidding right issued for a coal preference right lease application under such Act shall be fully transferable to any other person. Such bidding right shall terminate seven years after it is issued. The bill cancels specified land selections made by the Navajo Nation pursuant to the Navajo-Hopi Land Settlement Act of 1974 and authorizes such nation to make land selections equal in value to those canceled, subject to an acreage cap, specified land exclusions, and a seven-year deadline.

San Juan County Settlement Implementation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``401(Kids) Education Savings Account Act of 2014''. SEC. 2. ELIMINATION OF INCOME-BASED REDUCTION IN PERMITTED CONTRIBUTIONS TO COVERDELL EDUCATION SAVINGS ACCOUNTS. Paragraph (1) of section 530(c) of the Internal Revenue Code of 1986 is amended by striking ``to an account under this section'' and inserting ``to an account under this section in a taxable year beginning before January 1, 2015,''. SEC. 3. INCREASE IN ANNUAL CONTRIBUTION LIMITATION FOR COVERDELL EDUCATION SAVINGS ACCOUNTS. (a) In General.--Clause (iii) of section 530(b)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``$2,000'' and inserting ``the dollar amount in effect under section 2503(b) (relating to exclusion from gifts) for the taxable year''. (b) Effective Date.--The amendment made by this section shall apply to contributions made in taxable years beginning after December 31, 2014. SEC. 4. ALLOWANCE OF HOME SCHOOL EXPENSES AS QUALIFIED EDUCATION EXPENSES FOR PURPOSES OF A COVERDELL EDUCATION SAVINGS ACCOUNT. (a) In General.--Paragraph (3) of section 530(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Private school.--For purposes of this section, the term `private school' includes any home school that meets the requirements of State law applicable to such home schools, whether or not such school is deemed a private school for purposes of State law.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 5. QUALIFIED DISTRIBUTIONS FROM A COVERDELL EDUCATION SAVINGS ACCOUNT FOR FIRST HOME PURCHASES. (a) In General.--Paragraph (1) of section 530(b) of the Internal Revenue Code of 1986 is amended by striking ``qualified education expenses'' and inserting ``qualified expenses''. (b) Qualified Expenses.--Subsection (b) of section 530 of the Internal Revenue Code of 1986, as amended by this Act, is amended by redesignating paragraphs (2), (3), and (4) as paragraphs (4), (5), and (6), respectively, and by inserting after paragraph (1) the following new paragraphs: ``(2) Qualified expenses.--The term `qualified expenses' means-- ``(A) qualified first-time homebuyer expenses, and ``(B) qualified education expenses. ``(3) Qualified first-time homebuyer expenses.-- ``(A) In general.--The term `qualified first-time homebuyer expenses' means, in the case of a designated beneficiary who is a first-time homebuyer, the qualified acquisition costs with respect to a principal residence of such beneficiary. ``(B) Definitions.--The terms `first-time homebuyer', `qualified acquisition costs', and `principal residence' have the same meaning as when used in section 72(t)(8).''. (c) Conforming Amendments.-- (1) Paragraph (4)(A)(ii) of section 530(b) of the Internal Revenue Code of 1986, as redesignated by subsection (b), is amended by striking ``as defined in paragraph (3)'' and inserting ``as defined in paragraph (5)''. (2) Subparagraphs (A), (B), and (D) of section 530(d)(1) of such Code are each amended by striking ``qualified education expenses'' each place it appears and inserting ``qualified expenses''. (3) The heading of paragraph (2) of section 530(d) of such Code is amended by striking ``education expenses'' and inserting ``expenses''. (4) The heading of paragraph (4) of section 530(d) of such Code is amended by striking ``educational expenses'' and inserting ``expenses''. (5) Subclause (I) of section 529(c)(3)(B)(vi) of such Code is amended by striking ``to which clauses (i) and (ii) and section 530(d)(2)(A) apply'' and inserting ``for qualified higher education expenses to which clauses (i) and (ii) apply and for qualified education expenses to which section 530(d)(2)(A) applies''. (6) Clause (vi) of section 529(c)(3)(B) of such Code is amended by striking ``and section 530(d)(2)(A).'' and inserting ``and the amount of the exclusion with respect to qualified education expenses under section 530(d)(2)(A).''. (d) Effective Date.--The amendments made by this section shall apply to distributions made in taxable years beginning after December 31, 2014. SEC. 6. QUALIFIED ROLLOVER CONTRIBUTIONS FROM COVERDELL EDUCATION SAVINGS ACCOUNTS TO ROTH IRAS. (a) In General.--Paragraph (5) of section 530(d) of the Internal Revenue Code of 1986 is amended by inserting ``, or into a Roth IRA of the beneficiary'' after ``as of such date''. (b) Conforming Amendment; Technical Correction.--Paragraph (1) of section 408A(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) In general.--The term `qualified rollover contribution' means a rollover contribution to a Roth IRA from another such account, from an eligible retirement plan (as defined in section 402(c)(8)(B)), or from a Coverdell education savings account (as defined in section 530(b)(1)), but only if-- ``(A) such rollover contribution meets the requirements of section 408(d)(3), ``(B) in the case of a rollover contribution from an eligible retirement plan described in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B), such contribution meets the requirements of section 402(c), 403(b)(8), or 457(e)(16), whichever is applicable, and ``(C) in the case of a rollover contribution from a Coverdell education savings account, such contribution meets the requirements of section 530(d)(5). For purposes of section 408(d)(3)(B), there shall be disregarded any qualified rollover contribution from an individual retirement plan (other than a Roth IRA) to a Roth IRA.''. (c) Effective Date.--The amendments made by this section shall apply to rollover contributions made in taxable years beginning after December 31, 2014.

401(Kids) Education Savings Account Act of 2014 - Amends the Internal Revenue Code to: (1) eliminate after 2014 the income-based reduction of contributions to Coverdell education savings accounts, (2) increase the annual contribution limit for such accounts, (3) allow the use of such an account to pay home school expenses and the acquisition costs of a first-time homebuyer, and (4) allow tax-free rollovers of amounts in a Coverdell education savings account to a Roth individual retirement account (Roth IRA).

401(Kids) Education Savings Account Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Whistleblower and Patient Protection Act of 2014''. SEC. 2. ESTABLISHMENT OF OFFICE OF WHISTLEBLOWER AND PATIENT PROTECTION. (a) In General.--Chapter 3 of title 38, United States Code, is amended by inserting after section 319 the following new section: ``Sec. 319A. Office of Whistleblower and Patient Protection ``(a) Establishment.--(1) There is in the Department an Office of Whistleblower and Patient Protection (in this section referred to as the `Office'). There is at the head of the Office a Director appointed by the Secretary solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. ``(2) The Director shall be a career appointee in the Senior Executive Service. ``(3) The Director reports directly to the Secretary concerning matters within the responsibility of the Office. ``(b) Complaints.--(1) The Director shall establish a dedicated Internet website and toll-free telephone number for an individual, regardless of whether the individual is an employee of the Department, to file a covered complaint directly to the Office. ``(2)(A) In addition to covered complaints filed directly with the Office pursuant to paragraph (1), the Secretary shall refer to the Director any covered complaint that the Secretary receives directly, including pursuant to the Patient Advocacy Program of the Veterans Health Administration or other similar program, or that is transmitted to the Secretary pursuant to section 1213 of title 5. In accordance with subsection (c), the Director shall investigate each such complaint. ``(B) The Secretary may not refer a covered complaint that the Secretary receives as described in subparagraph (A) to any element of the Department, including the Office of Medical Inspection, other than the Office. ``(C) The Secretary shall ensure that employees of the Department who are located at a medical facility are able to efficiently refer to the Director any covered complaints received at such medical facility. ``(3) The identity of any individual who files a covered complaint may not be disclosed by the Director without the consent of such individual unless the Director determines that the disclosure of the identity of the individual is necessary because of an imminent danger to public health or safety or imminent violation of any criminal law. ``(c) Investigation and Determination.--(1) The Director shall investigate each covered complaint that the Office receives directly pursuant to paragraph (1) of subsection (b) or that the Secretary refers to the Director as described in paragraph (2)(A) of such subsection to determine whether there is a substantial likelihood that the covered complaint discloses a violation of any law, rule, or regulation, or gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health and safety. The Director shall make such determination not later than 240 days after the date on which the Director receives the covered complaint. The Director is the only official of the Department of Veterans Affairs who may conduct an investigation that is required to be conducted by the Department pursuant to section 1213 of title 5. ``(2) If the Director makes a positive determination under paragraph (1) regarding a covered complaint, the Director shall-- ``(A) notify the Secretary of such determination, including the basis for such determination and recommendations for actions to address such covered complaint; and ``(B) as appropriate, refer the covered complaint to the head of the appropriate department or agency of the Federal Government, including the Attorney General, Special Counsel, or the Inspector General of the Department of Veterans Affairs. ``(3)(A) If the Director does not make a positive determination under paragraph (1) regarding a covered complaint, the Director-- ``(i) upon the consent of the individual who filed the complaint, may transmit the complaint to the Secretary; and ``(ii) if the Director does not transmit the complaint under clause (i), shall inform the individual of-- ``(I) the reasons for such determination; and ``(II) other offices of the Federal Government available for receiving such complaints if the individual wishes to pursue the matter further. ``(B) Within a reasonable time after a covered complaint is transmitted under subparagraph (A)(i), the Secretary shall inform the Director in writing of what action has been or is being taken and when such action will be completed. The Director shall inform the individual who filed the complaint of the report of the Secretary. ``(d) Staff and Resources.--(1) The Office shall employ a sufficient number of attorneys, investigators, and other personnel as are necessary to carry out the functions of the Office, including personnel with expertise in health care matters. Attorneys shall be compensated at a level commensurate with attorneys employed by the Office of the General Counsel. ``(2) The Secretary shall ensure that the Director is furnished sufficient resources in addition to personnel under paragraph (1) to enable the Director to carry out the functions of the Office in a timely manner. ``(e) Coordination.--In carrying out the duties of the Office, the Director shall coordinate with the Inspector General of the Department and the Special Counsel to ensure that the actions of the Director are not duplicative with the Inspector General or the Special Counsel. ``(f) Reports.--(1) During each 90-day period, the Director shall submit to the Secretary a report that includes the following: ``(A) The findings and recommendations made by the Director to the Secretary during the previous 90-day period. ``(B) With respect to such recommendations, whether the Secretary has made any actions based on such findings during such period. ``(C) During such period-- ``(i) the number of covered complaints received by the Director; ``(ii) the number of investigations commenced; ``(iii) the number of positive determinations made under paragraph (2) of subsection (c); ``(iv) the number of covered complaints for which a positive determination was not made pursuant to paragraph (3)(A) of such subsection; and ``(v) the number of covered complaints transmitted to the Secretary under such paragraph. ``(2) During each 180-day period, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report that includes each report described in paragraph (1) submitted during the previous 180-day period and any legislative recommendations of the Secretary to address problems or concerns regarding the Office. ``(g) Covered Complaint Defined.--In this section, the term `covered complaint' means a complaint regarding-- ``(1) an alleged prohibited personnel practice committed by an officer or employee of the Department and described in section 2302(b)(8) or 2302(b)(9)(A)(i), (B), (C), or (D) of title 5; or ``(2) the safety of a patient at a medical facility of the Department.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 319 the following new item: ``319A. Office of Whistleblower and Patient Protection.''.

Veterans' Whistleblower and Patient Protection Act of 2014 - Establishes within the Department of Veterans Affairs (VA) an Office of Whistleblower and Patient Protection. Requires the Director of such Office to establish a dedicated Internet website and toll-free telephone number for any individual to file a complaint regarding an alleged prohibited personnel practice committed by a VA officer or employee or the safety of a patient at a VA medical facility. Directs the Secretary of Veterans Affairs to refer to the Director for investigation any such complaint the Secretary receives directly. Prohibits the Secretary from referring any such complaint to any other element of the VA. Requires the Secretary to ensure that VA employees located at a medical facility are able to efficiently refer any such complaints received to the Director. Prohibits the Director from disclosing the identity of any individual who files such a complaint without the individual's consent, except when necessary because of an imminent danger to public health or safety or imminent violation of any criminal law. Requires the Director to: (1) investigate each complaint to determine whether there is a substantial likelihood that it discloses a violation of any law, rule, or regulation, gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health and safety; (2) make such determination within 240 days after its receipt; (3) notify the Secretary upon making a positive determination and refer the complaint, as appropriate, to the head of the appropriate federal department or agency; and (4) coordinate with the VA's Inspector General and Special Counsel to avoid duplicative actions.

Veterans' Whistleblower and Patient Protection Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Passenger Vehicle Loss Disclosure Act of 2009''. SEC. 2. DISCLOSURE OF TOTAL LOSS DATA. (a) In General.--Section 32303 of title 49, United States Code, is amended by adding at the end the following: ``(d) Disclosure of Loss Data for Passenger Motor Vehicles.-- ``(1) Specific total loss data to be disclosed.--The Secretary of Transportation shall by regulation require all insurers and self-insurers of passenger motor vehicles to disclose to the public in a commercially reasonable, electronically accessible manner the following information for every passenger motor vehicle described in paragraph (3) that has been declared a total loss by such an insurer or determined to be a total loss by such a self-insurer: ``(A) The vehicle identification number of the vehicle. ``(B) The date of declaration or determination of the total loss. ``(C) The odometer reading on the date of the declaration or determination of total loss. ``(D) A statement as to whether the primary reason for the declaration or determination of total loss is-- ``(i) flood or water damage; ``(ii) collision or fire damage; ``(iii) theft and recovery; or ``(iv) some other reason. ``(E) A statement as to whether, as a result of the incident that prompted the declaration or determination of total loss, 1 or more airbags were deployed. ``(2) Time for disclosure.--The Secretary shall require the disclosure described in paragraph (1) to be made not later than-- ``(A) the date on which the insurer terminates coverage on the vehicle due to the total loss of the vehicle; or ``(B) the date on which the self-insurer determines the vehicle to be a total loss. ``(3) Vehicles to which disclosure requirement applies.-- ``(A) Insurers.--Paragraph (1) applies to a declaration of total loss by an insurer for any passenger motor vehicle with respect to which-- ``(i) the insurer obtains from an insured pursuant to a settlement resulting in the termination of the current coverage by the insurer for that vehicle; ``(ii) the insurer permits the insured to retain pursuant to a settlement resulting in the termination of the current coverage by the insurer for that vehicle; or ``(iii) the insurer terminates coverage following the theft of, damage to, or other circumstances that adversely affect the fair market value of that vehicle. ``(B) Self-insurers.--Paragraph (1) applies to a determination of total loss by a self-insurer for any passenger motor vehicle that the self-insurer determines has sustained sufficient damage to be a total loss. ``(4) Application with state laws.--The disclosure required by this subsection applies without regard to whether-- ``(A) the insurer or self-insurer obtains a certificate of title for the passenger motor vehicle under State motor vehicle titling law; ``(B) the insurer or self-insurer obtains a branded certificate of title for a passenger motor vehicle under State motor vehicle titling law to connote the type of damage or condition conveyed by the disclosure of total loss data; ``(C) the insurer or self-insurer files any other notification with a State motor vehicle titling agency with respect to the passenger motor vehicle; or ``(D) the insurer or self-insurer disposes of or receives proceeds from the disposition of a passenger motor vehicle upon termination of coverage following the theft of, damage to, or other circumstances that adversely affect the fair market value of that vehicle. ``(5) Use of private sector resources.-- ``(A) In general.--The Secretary shall rely on the private sector to collect, aggregate, and disclose to the public the data required to be disclosed under this subsection. ``(B) Lookup identifier.--The Secretary shall ensure that all total loss data disclosed in accordance with subparagraph (A) is accessible by vehicle identification number. ``(6) Liability protection for public disclosure.--Any person performing any activity related to the public disclosure of the data under this subsection in good faith and with the reasonable belief that such activity was in accordance with this subsection shall be immune from any civil action respecting such activity seeking money damages or equitable relief in any court of the United States or of a State. ``(7) Definitions.--In this subsection: ``(A) Passenger motor vehicle.--The term `passenger motor vehicle' means a motor vehicle with motive power designed for carrying 10 or fewer persons, including multipurpose passenger vehicles, light trucks, and motorcycles, but not including trailers. ``(B) Self-insurer.--The term `self-insurer' means a person that retains all or part of the risk of loss with respect to passenger motor vehicles it owns instead of using an insurer.''. (b) Regulations.--The Secretary of Transportation shall promulgate the regulations required by section 32303(d) of title 49, United States Code, as added by subsection (a), not later than 1 year after the date of the enactment of this Act.

Passenger Vehicle Loss Disclosure Act of 2009 - Directs the Secretary of Transportation to require all insurers and self-insurers of passenger motor vehicles to disclose to the public, in a commercially reasonable, electronically accessible manner, for each passenger motor vehicle declared or determined to be a total loss: (1) the vehicle identification number and odometer reading; (2) the date of and primary reason for the total loss determination; and (3) whether the airbags deployed.

A bill to improve consumer access to passenger vehicle loss data held by insurers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Relief to Victims of Hurricane Katrina and Other Natural Disasters Act''. SEC. 2. DEFINITIONS; WHO MAY BE A DEBTOR. (a) Current Monthly Income.--Section 101(10A)(B) of title 11, United States Code, is amended-- (1) by striking ``and payments'' and inserting ``payments''; and (2) by inserting before the period at the end the following: ``, and payments to victims of a natural disaster by a governmental unit or by a qualified religious or charitable entity or organization, as defined in section 548(d)(4), which were made solely on account of their status as victims of such natural disaster''. (b) Natural Disaster; Natural Disaster Zone.--Section 101 of title 11, United States Code, is amended-- (1) by redesignating paragraphs (40A) and (40B) as paragraphs (40C) and (40D), respectively; and (2) by inserting after paragraph (40) the following: ``(40A) The term `natural disaster' means a major disaster, as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. ``(40B) The term `natural disaster zone' means the geographical area included in the determination of a natural disaster.''. (c) Victim of Natural Disaster.--Section 101 of title 11, United States Code, is amended by adding at the end the following: ``(56) The term `victim of a natural disaster' means an individual whose financial condition is materially adversely affected due to-- ``(A) damage sustained to the principal residence of that person, where such residence is located in a natural disaster zone, as a result of a natural disaster; ``(B) an inability to remain at the principal residence of that person, where such residence is located in a natural disaster zone, as a result of a natural disaster; or ``(C) an inability to work at the principal place of employment of that person, where such place of employment is located in a natural disaster zone, as a result of a natural disaster.''. (d) Who May Be a Debtor.--Section 109(h)(4) of title 11, United States Code, is amended by inserting ``natural disaster,'' after ``disability,''. SEC. 3. AMENDMENTS TO CHAPTER 5. Section 521 of title 11, United States Code, is amended by adding at the end the following: ``(k) The court, after notice and a hearing upon motion of the debtor, may extend any time period specified in this section as may be necessary, if the court finds that-- ``(1) the debtor is a victim of a natural disaster; and ``(2) the status of the debtor as a victim of a natural disaster necessitates such extension of time.''. SEC. 4. AMENDMENTS TO CHAPTER 7. (a) Reasonable Necessary Expenses.--Section 707(b)(2)(A)(ii) of title 11, United States Code, is amended by adding at the end the following: ``(VI) In addition, the monthly expenses of the debtor may include the actual reasonably necessary expenses incurred as a result of being a victim of a natural disaster if the debtor provides documentation of such expenses, and a detailed explanation of why such expenses are reasonable and necessary, and why such expenses are not accounted for by the national standards, local standards, and other necessary expenses referred to in subclause (I).''. (b) Natural Disaster.--Section 707(b)(2)(B)(i) of title 11, United States Code, is amended by inserting ``or a natural disaster'' after ``such as a serious medical condition or a call or order to active duty in the Armed Forces''. SEC. 5. AMENDMENTS TO CHAPTER 11. (a) Conversion of Case.--Section 1112(b) of title 11, United States Code, is amended-- (1) in paragraph (2)(B)(i), by inserting ``, including a natural disaster'' before the semicolon; and (2) in paragraph (3), by inserting ``(including a natural disaster)'' after ``circumstances''. (b) Who May File a Plan.--Section 1121(e)(3) of title 11, United States Code, is amended-- (1) in subparagraph (A), by inserting ``(i)'' after ``(A)''; (2) in subparagraph (C), by striking the period at the end and inserting ``; or''; (3) by redesignating subparagraphs (B) and (C) as clauses (ii) and (iii), respectively; and (4) by adding at the end the following: ``(B) the debtor, after providing notice to parties in interest (including the United States trustee) demonstrates that the debtor is unable to meet the deadline because of a natural disaster and a new deadline is imposed at the time the extension is granted and the order extending the time is signed before the expiration of the existing deadline.''. (c) Extension of Time for Small Businesses.--Chapter 11 of title 11, United States Code, is amended-- (1) in the table of sections, by adding at the end the following: ``Sec. 1117. Extension of time for small businesses''; and (2) in subchapter I, by adding at the end the following: ``Sec. 1117. Extension of time for small businesses ``In a small business case, the court after notice and a hearing may extend any deadline specified in this chapter if the court finds that such extension is-- ``(1) necessary to protect the best interests of creditors and the estate; and ``(2) warranted by a natural disaster.''. SEC. 6. AMENDMENTS TO CHAPTER 13. (a) Conversion or Dismissal.--Section 1307(e) of title 11, United States Code, is amended by adding at the end the following: ``The court, after notice and a hearing on motion of the debtor, may extend any time period specified in this subsection as may be necessary, if-- ``(1) the debtor is a victim of a natural disaster; ``(2) the status of the debtor as a victim of a natural disaster necessitates such extension of time; and ``(3) the debtor files an affidavit stating that such tax return was destroyed or lost as a result of such natural disaster, and that the debtor has requested a copy of such tax return from the taxing authority.''. (b) Filing of Prepetition Tax Returns.--Section 1308 of title 11, United States Code, is amended by adding at the end the following: ``(d) The court, after notice and a hearing on motion of the debtor, may extend any time period specified in this subsection as may be necessary, if-- ``(1) the debtor is a victim of a natural disaster; ``(2) the status of the debtor as a victim of a natural disaster necessitates such extension of time; and ``(3) the debtor files an affidavit stating that such tax return was destroyed or lost as a result of such natural disaster and that the debtor has requested a copy of such tax return from the taxing authority.''. SEC. 7. VENUE IN CASE OF NATURAL DISASTER. Section 1408 of title 28, United States Code, is amended-- (1) by striking ``Except'' and inserting the following: ``(a) In General.--Except''; and (2) by adding at the end the following: ``(b) Alternative Venue in Case of Natural Disaster.-- ``(1) In general.--If an individual cannot file a case under title 11 in a district court described in subsection (a) because the individual is a victim of a natural disaster (as defined in section 101 of title 11), then such case may be filed by such individual in the district court for the district in which the individual has resided during the 30-day period preceding the date of filing, upon providing the affidavit required under paragraph (2). ``(2) Affidavit required.--An individual described in paragraph (1) shall provide to the court an affidavit stating that-- ``(A) such individual is a victim of a natural disaster (as defined in section 101 of title 11); and ``(B) a venue change is necessary because, due to the natural disaster, the individual is not able to reside in the district in which that individual would otherwise be required to commence the case under subsection (a).''. SEC. 8. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--This Act and the amendments made by this Act shall take effect on October 18, 2005. (b) Application of Amendments.--The amendments made by this Act shall apply only with respect to cases commenced under title 11, United States Code, after October 17, 2005.

Relief to Victims of Hurricane Katrina and Other Natural Disasters Act - Amends federal bankruptcy law governing cases commenced as of October 17, 2005 (the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005). Excludes from the accounting of current monthly income those payments made to victims of a natural disaster by a governmental unit, or by a qualified religious or charitable entity or organization, solely on account of their status as victims of such natural disaster. Defines "victim of a natural disaster" as one whose financial condition is materially adversely affected by a natural disaster due to: (1) damage sustained to the principal residence as a result of such disaster; (2) an inability to remain at such principal residence; or (3) an inability to work at the principal place of employment of that person, as a result of such disaster. Permits debtor status for a debtor unable to complete credit counseling because of a natural disaster. Modifies requirements governing the statutory deadline for completion of debtors' duties. Authorizes the court to extend any such time period if: (1) the debtor is a victim of a natural disaster; and (2) the debtor's status as a victim of a natural disaster necessitates such extension of time. Includes within the permissible monthly expenses of a chapter 7 debtor the actual reasonably necessary expenses incurred as a result of being a victim of a natural disaster if the debtor provides the requisite documentation. Modifies requirements governing conversion or dismissal of either a Chapter 7 Liquidation case, a Chapter 11 Reorganization case, or Chapter 13 Regular Income case, where the debtor is a victim of a natural disaster. Authorizes the court to grant an extension of time for filing small business bankruptcy documentation if the debtor's inability to meet the statutory deadline is warranted by a natural disaster. Amends the federal judicial code to authorize an alternative venue if the debtor is not able to reside in the requisite district due to the natural disaster.

A bill to provide bankruptcy relief for victims of natural disasters, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Cloning Ban and Stem Cell Research Protection Act of 2005''. SEC. 2. PURPOSES. It is the purpose of this Act to prohibit human cloning and to protect important areas of medical research, including stem cell research. TITLE I--PROHIBITION ON HUMAN CLONING SEC. 101. PROHIBITION ON HUMAN CLONING. (a) In General.--The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended by adding at the end the following: ``CHAPTER X--PROHIBITION ON HUMAN CLONING ``SEC. 1001. PROHIBITION ON HUMAN CLONING. ``(a) Definitions.--In this section: ``(1) Human cloning.--The term `human cloning' means implanting or attempting to implant the product of nuclear transplantation into a uterus or the functional equivalent of a uterus. ``(2) Human somatic cell.--The term `human somatic cell' means any human cell other than a haploid germ cell. ``(3) Nuclear transplantation.--The term `nuclear transplantation' means transferring the nucleus of a human somatic cell into an oocyte from which the nucleus or all chromosomes have been or will be removed or rendered inert. ``(4) Nucleus.--The term `nucleus' means the cell structure that houses the chromosomes. ``(5) Oocyte.--The term `oocyte' means the female germ cell, the egg. ``(6) Unfertilized blastocyst.--The term `unfertilized blastocyst' means an intact cellular structure that is the product of nuclear transplantation. Such term shall not be construed to include any biological product derived from an intact cellular structure that is the product of nuclear transplantation, including stem cells, other cells, and cellular structures. ``(b) Prohibitions on Human Cloning.--It shall be unlawful for any person or other legal entity, public or private-- ``(1) to conduct or attempt to conduct human cloning; ``(2) to ship the product of nuclear transplantation in interstate or foreign commerce for the purpose of human cloning in the United States or elsewhere; or ``(3) to export to a foreign country an unfertilized blastocyst if such country does not prohibit human cloning. ``(c) Protection of Research.--Nothing in this section shall be construed to restrict practices not expressly prohibited in this section. ``(d) Right of Action.--Nothing in this section shall be construed to give any individual or person a private right of action.''. (b) Prohibited Acts.-- (1) In general.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(hh) The violation of paragraph (1), (2), or (3) of section 1001(b) (relating to human cloning).''. (2) Criminal penalties.--Section 303(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended by adding at the end the following: ``(7) Notwithstanding subsection (a), any person who violates section 301(hh) shall be imprisoned not more than 10 years and fined in accordance with title 18, United States Code, or both.''. (3) Civil penalties.--Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at the end: ``(g)(1) Any person who violates section 301(hh) shall be liable to the United States for a civil penalty in an amount not to exceed the greater of-- ``(A) $10,000,000; or ``(B) an amount equal to three times the amount of the gross pecuniary gain resulting from the violation. ``(2) Paragraphs (3) through (5) of subsection (f) apply with respect to a civil penalty under this subsection to the same extent and in the same manner as such paragraphs (3) through (5) apply with respect to a civil penalty under subsection (f).''. (4) Forfeiture.--Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333), as amended by paragraph (3), is amended by adding at the end the following: ``(h) Any property, real or personal, derived from or used to commit a violation or attempted violation of section 301(hh), or any property traceable to such property, shall be subject to forfeiture to the United States in accordance with the procedures set forth in chapter 46 of title 18, United States Code.''. SEC. 102. OVERSIGHT REPORTS ON ACTIONS TO ENFORCE CERTAIN PROHIBITIONS. (a) Report on Actions by Secretary of HHS to Enforce Prohibition on Human Cloning.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall prepare and submit to the Committee on the Judiciary of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) describes the actions taken by the Secretary to enforce the provisions of chapter X of the Federal Food, Drug, and Cosmetic Act (as added by section 101); (2) describes the personnel and resources the Secretary has utilized to enforce the provisions of such chapter; and (3) contains a list of violations, if any, of the provisions of such chapter. (b) Report on Coordination of Enforcement Actions Among Federal, State, and Local Governments With Respect to Human Cloning.-- (1) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall prepare and submit to the Committee on the Judiciary of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (A) describes how the Secretary coordinates the enforcement of violations of section 301(hh) of the Federal Food, Drug, and Cosmetic Act (as added by section 101) with enforcement actions taken by State or local government law enforcement officials with respect to similar State laws relating to human cloning; and (B) describes the status and disposition of-- (i) Federal appellate litigation with respect to such section 301(hh) and State appellate litigation with respect to similar State laws relating to human cloning; and (ii) civil litigation, including actions to appoint guardians, related to human cloning. (2) Definition.--In this subsection, the term ``similar State law relating to human cloning'' means a State or local law that provides for the imposition of criminal penalties on individuals who are determined to be conducting or attempting to conduct human cloning (as defined in section 1001 of the Federal Food, Drug, and Cosmetic Act (as added by section 101)). (c) Report on International Laws Relating to Human Cloning.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall prepare and submit to the Congress a report that-- (1) describes the laws adopted by foreign countries related to human cloning; (2) describes the actions taken by the chief law enforcement officer in each foreign country that has enacted a law described in paragraph (1) to enforce such law; and (3) describes the multilateral efforts of the United Nations and elsewhere to ban human cloning. TITLE II--ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH SEC. 201. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH. Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end the following: ``PART J--ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH ``SEC. 499A. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH, INCLUDING INFORMED CONSENT, INSTITUTIONAL REVIEW BOARD REVIEW, AND PROTECTION FOR SAFETY AND PRIVACY. ``(a) Definitions.-- ``(1) In general.--The definitions contained in section 1001(a) of the Federal Food, Drug, and Cosmetic Act shall apply for purposes of this section. ``(2) Other definitions.--In this section: ``(A) Donating.--The term `donating' means giving without receiving valuable consideration. ``(B) Fertilization.--The term `fertilization' means the fusion of an oocyte containing a haploid nucleus with a male gamete (sperm cell). ``(C) Valuable consideration.--The term `valuable consideration' does not include reasonable payments-- ``(i) associated with the transportation, processing, preservation, or storage of a human oocyte or of the product of nuclear transplantation research; or ``(ii) to compensate a donor of one or more human oocytes for the time or inconvenience associated with such donation. ``(b) Applicability of Federal Ethical Standards to Nuclear Transplantation Research.--Research involving nuclear transplantation shall be conducted in accordance with subpart A of part 46 of title 45, or parts 50 and 56 of title 21, Code of Federal Regulations (as in effect on the date of the enactment of the Human Cloning Ban and Stem Cell Research Protection Act of 2005), as applicable. ``(c) Prohibition on Conducting Nuclear Transplantation on Fertilized Eggs.--A somatic cell nucleus shall not be transplanted into a human oocyte that has undergone or will undergo fertilization. ``(d) Fourteen-Day Rule.--An unfertilized blastocyst shall not be maintained more than 14 days from its first cell division, not counting any time during which it is stored at temperatures less than zero degrees centigrade. ``(e) Voluntary Donation of Oocytes.-- ``(1) Informed consent.--In accordance with subsection (b), an oocyte may not be used in nuclear transplantation research unless such oocyte shall have been donated voluntarily by and with the informed consent of the woman donating the oocyte. ``(2) Prohibition on purchase or sale.--No human oocyte or unfertilized blastocyst may be acquired, received, or otherwise transferred for valuable consideration if the transfer affects interstate commerce. ``(f) Separation of in Vitro Fertilization Laboratories From Locations at Which Nuclear Transplantation Is Conducted.--Nuclear transplantation may not be conducted in the same laboratory or other physical facility in which human oocytes are subject to assisted reproductive technology treatments or procedures. ``(g) Civil Penalties.--Whoever intentionally violates any provision of subsections (b) through (f) shall be subject to a civil penalty in an amount that is appropriate for the violation involved, but not more than $250,000.''.

Human Cloning Ban and Stem Cell Research Protection Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit: (1) conducting or attempting to conduct human cloning; (2) shipping the product of nuclear transplantation in interstate or foreign commerce for the purpose of human cloning in the United States or elsewhere; or (3) exporting to a foreign country an unfertilized blastocyst if such country does not prohibit human cloning. Sets forth criminal and civil penalties for violations. Requires the Secretary of Health and Human Services to report to the relevant congressional committees on: (1) actions taken to enforce such prohibitions; (2) coordination of Federal, State, and local enforcement; and (3) international laws relating to human cloning. Amends the Public Health Service Act to require research involving nuclear transplantation to be conducted in accordance with applicable Federal regulations regarding the protection of human subjects and Institutional Review Boards. Prohibits: (1) a somatic cell nucleus from being transplanted into a human oocyte (egg) that has undergone or will undergo fertilization; (2) an unfertilized blastocyst from being maintained after more than 14 days from its first cell division, not counting storage times at temperatures less than zero degrees centigrade; (3) an oocyte from being used in nuclear transplantation research unless donated voluntarily with the donor's informed consent; (4) a human oocyte or unfertilized blastocyst from being acquired, received, or transferred for valuable consideration in interstate commerce; and (5) nuclear transplantation in a laboratory in which human oocytes are subject to assisted reproductive technology treatments or procedures. Sets forth civil penalties for violations.

To prohibit human cloning and protect stem cell research.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Infants Act of 2014''. SEC. 2. EVIDENCE-INFORMED RECOMMENDATIONS WITH RESPECT TO MATERNAL ADDICTION AND NEONATAL ABSTINENCE SYNDROME. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall coordinate and facilitate the-- (1) identification and compilation of evidence-informed recommendations for physicians, nurses, and hospital facilities with respect to neonatal abstinence syndrome; and (2) identification of any gaps, as appropriate, in such evidence-informed recommendations that may require additional research or analysis with respect to-- (A) screening and intervention for maternal substance abuse, including the misuse or abuse of prescription drugs in women of childbearing age and pregnant women; (B) treatment for pregnant and postpartum women with a substance use disorder, including the misuse or abuse of prescription drugs; (C) screening of infants for neonatal abstinence syndrome and for the risk of developing neonatal abstinence syndrome; (D) treatment for infants with neonatal abstinence syndrome, including evidence-informed recommendations surrounding evaluation and treatment with pharmacological and non-pharmacological interventions; and (E) ongoing treatment, services, and supports for postpartum women with a substance use disorder, including misuse or abuse of prescription drugs, and infants and children with neonatal abstinence syndrome. (b) Input.--In carrying out subsection (a), the Secretary shall consider input from stakeholders, such as health professionals, public health officials, and law enforcement. (c) Dissemination of Information.--The Secretary shall disseminate to appropriate stakeholders in States and local communities the evidence-informed recommendations identified under subsection (a). (d) Addressing Research Needs for Maternal Addiction and Neonatal Abstinence Syndrome.--The Secretary shall conduct a study to evaluate-- (1) factors related to the increased prevalence of maternal opiate misuse and abuse; (2) factors related to maternal misuse and abuse of opiates, including-- (A) barriers to identifying and treating maternal misuse and abuse of opiates; and (B) the most effective prevention and treatment strategies for pregnant women and other women of childbearing age who are at risk for or dependent on opiates; and (3) factors related to neonatal abstinence syndrome, including-- (A) epidemiological studies concerning neonatal abstinence syndrome; (B) the most effective methods to diagnose and treat neonatal abstinence syndrome; and (C) the long-term effects of neonatal abstinence syndrome and the need for a longer-term study on infants and children at risk for developing neonatal abstinence syndrome or diagnosed with neonatal abstinence syndrome. (e) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives the findings from the study under subsection (d) and a report that identifies the gaps in evidence-informed recommendations that require additional research or analysis, and priority areas for additional research. SEC. 3. IMPROVING DATA ON NEONATAL ABSTINENCE SYNDROME. The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall provide technical assistance to States to improve the availability and quality of data collection and surveillance activities regarding neonatal abstinence syndrome, including-- (1) incidence and prevalence of neonatal abstinence syndrome; (2) the identification of causes for neonatal abstinence syndrome, including new and emerging trends; and (3) the identification of demographics and other relevant information associated with neonatal abstinence syndrome. SEC. 4. PAIN MANAGEMENT ALTERNATIVES. It is the sense of Congress that the Director of the National Institutes of Health should continue research with respect to pain management, including for women of childbearing age. SEC. 5. GAO STUDY. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study evaluating-- (1) the availability and effectiveness of federally facilitated substance abuse treatment programs for pregnant women and their children; (2) the availability and effectiveness of Federal programs that encourage State adoption and implementation of programs to ensure-- (A) the safety and health of mothers who have a substance use disorder; and (B) the safety and health of children with neonatal abstinence syndrome; (3) the effectiveness of Federal data systems and surveillance programs used to monitor or track drug utilization and resulting trends, including whether information on neonatal abstinence syndrome is incorporated into such data systems; and (4) the identification of the use of all discretionary funds to address maternal substance abuse, including the misuse and abuse of prescription drugs.

Protecting Our Infants Act of 2014 - Requires the Secretary of Health and Human Services (HHS) to study maternal opiate abuse and neonatal abstinence syndrome, identify gaps in evidence-informed recommendations for health care professionals and facilities regarding neonatal abstinence syndrome, and identify priority areas for additional research. Requires the Director of the Centers for Disease Control and Prevention (CDC) to assist states in collecting data on neonatal abstinence syndrome, including incidence, causes, and demographics. Directs the Comptroller General (GAO) to evaluate the effectiveness of federal activities regarding substance abuse treatment for pregnant women and their children.

Protecting Our Infants Act of 2014

-T-h-a-t -s-e-c-t-i-o-n -2-8-0-5 -o-f -t-h-e -R-e-c-r-e-a-t-i-o-n -M-a-n-a-g-e-m-e-n-t -A-c-t -o-f -1-9-9-2 -(-1-6 -U-.-S-.-C-. -4-6-0-l---3-1-) -i-s -a-m-e-n-d-e-d -b-y -a-d-d-i-n-g -a-t -t-h-e -e-n-d -t-h-e -f-o-l-l-o-w-i-n-g-: -`-`-(-e-) -P-e-n-a-l-t-y-.----A-n-y -p-e-r-s-o-n -w-h-o -v-i-o-l-a-t-e-s -a-n-y -r-e-g-u-l-a-t-i-o-n -i-s-s-u-e-d -u-n-d-e-r -s-u-b-s-e-c-t-i-o-n -(-a-)-(-2-) -s-h-a-l-l -b-e -f-i-n-e-d -i-n -a-c-c-o-r-d-a-n-c-e -w-i-t-h -t-i-t-l-e -1-8-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-, -o-r -i-m-p-r-i-s-o-n-e-d -n-o-t -m-o-r-e -t-h-a-n -6 -m-o-n-t-h-s-, -o-r -b-o-t-h-, -(-a-n-d -m-a-y -b-e -a-d-j-u-d-g-e-d -t-o -p-a-y -a-l-l -c-o-s-t-s -o-f -t-h-e -p-r-o-c-e-e-d-i-n-g-s-)-. -`-`-(-f-) -L-a-w -E-n-f-o-r-c-e-m-e-n-t -O-f-f-i-c-e-r-s-.--- -`-`-(-1-) -B-u-r-e-a-u -o-f -r-e-c-l-a-m-a-t-i-o-n -l-a-w -e-n-f-o-r-c-e-m-e-n-t -o-f-f-i-c-e-r-s-.----I-n -a-d-d-i-t-i-o-n -t-o -a-n-y -o-t-h-e-r -a-u-t-h-o-r-i-t-i-e-s -c-o-n-f-e-r-r-e-d -b-y -l-a-w-, -t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -I-n-t-e-r-i-o-r -i-s -a-u-t-h-o-r-i-z-e-d -t-o -d-e-s-i-g-n-a-t-e-, -p-u-r-s-u-a-n-t -t-o -s-t-a-n-d-a-r-d-s -p-r-e-s-c-r-i-b-e-d -i-n -r-e-g-u-l-a-t-i-o-n-s -b-y -t-h-e -S-e-c-r-e-t-a-r-y-, -c-e-r-t-a-i-n -o-f-f-i-c-e-r-s -o-r -e-m-p-l-o-y-e-e-s -o-f -t-h-e -D-e-p-a-r-t-m-e-n-t -o-f -t-h-e -I-n-t-e-r-i-o-r -w-h-o -s-h-a-l-l -m-a-i-n-t-a-i-n -l-a-w -a-n-d -o-r-d-e-r -a-n-d -p-r-o-t-e-c-t -p-e-r-s-o-n-s -a-n-d -p-r-o-p-e-r-t-y -w-i-t-h-i-n -t-h-e -a-r-e-a-s -s-u-b-j-e-c-t -t-o -t-h-e -j-u-r-i-s-d-i-c-t-i-o-n -o-f -t-h-e -B-u-r-e-a-u -o-f -R-e-c-l-a-m-a-t-i-o-n-. -I-n -t-h-e -p-e-r-f-o-r-m-a-n-c-e -o-f -s-u-c-h -d-u-t-i-e-s-, -t-h-e -o-f-f-i-c-e-r-s -o-r -e-m-p-l-o-y-e-e-s -s-o -d-e-s-i-g-n-a-t-e-d -m-a-y--- -`-`-(-A-) -c-a-r-r-y -f-i-r-e-a-r-m-s -a-n-d -m-a-k-e -a-r-r-e-s-t-s -w-i-t-h-o-u-t -w-a-r-r-a-n-t -f-o-r -a-n-y -o-f-f-e-n-s-e -a-g-a-i-n-s-t -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -c-o-m-m-i-t-t-e-d -i-n -t-h-e-i-r -p-r-e-s-e-n-c-e-, -o-r -f-o-r -a-n-y -f-e-l-o-n-y -c-o-g-n-i-z-a-b-l-e -u-n-d-e-r -t-h-e -l-a-w-s -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -i-f -t-h-e-y -h-a-v-e -r-e-a-s-o-n-a-b-l-e -g-r-o-u-n-d-s -t-o -b-e-l-i-e-v-e -t-h-a-t -t-h-e -p-e-r-s-o-n -t-o -b-e -a-r-r-e-s-t-e-d -h-a-s -c-o-m-m-i-t-t-e-d -o-r -i-s -c-o-m-m-i-t-t-i-n-g -s-u-c-h -a -f-e-l-o-n-y-, -i-f -s-u-c-h -a-r-r-e-s-t-s -o-c-c-u-r -w-i-t-h-i-n -s-u-c-h -a-r-e-a-s -o-f -j-u-r-i-s-d-i-c-t-i-o-n -o-f -t-h-e -B-u-r-e-a-u -o-r -t-h-e -p-e-r-s-o-n -t-o -b-e -a-r-r-e-s-t-e-d -i-s -f-l-e-e-i-n-g -t-h-e-r-e-f-r-o-m -t-o -a-v-o-i-d -a-r-r-e-s-t-; -`-`-(-B-) -e-x-e-c-u-t-e -a-n-y -w-a-r-r-a-n-t -o-r -o-t-h-e-r -p-r-o-c-e-s-s -i-s-s-u-e-d -b-y -a -c-o-u-r-t -o-r -o-f-f-i-c-e-r -o-f -c-o-m-p-e-t-e-n-t -j-u-r-i-s-d-i-c-t-i-o-n -f-o-r -t-h-e -e-n-f-o-r-c-e-m-e-n-t -o-f -t-h-e -p-r-o-v-i-s-i-o-n-s -o-f -a-n-y -F-e-d-e-r-a-l -l-a-w -o-r -r-e-g-u-l-a-t-i-o-n -i-s-s-u-e-d -p-u-r-s-u-a-n-t -t-o -l-a-w -a-r-i-s-i-n-g -o-u-t -o-f -a-n -o-f-f-e-n-s-e -c-o-m-m-i-t-t-e-d -i-n -a -B-u-r-e-a-u -o-f -R-e-c-l-a-m-a-t-i-o-n -p-r-o-j-e-c-t -o-r-, -w-h-e-r-e -t-h-e -p-e-r-s-o-n -s-u-b-j-e-c-t -t-o -t-h-e -w-a-r-r-a-n-t -o-r -p-r-o-c-e-s-s -i-s -i-n -t-h-a-t -p-r-o-j-e-c-t-, -i-n -c-o-n-n-e-c-t-i-o-n -w-i-t-h -a-n-y -F-e-d-e-r-a-l -o-f-f-e-n-s-e-; -a-n-d -`-`-(-C-) -c-o-n-d-u-c-t -i-n-v-e-s-t-i-g-a-t-i-o-n-s -o-f -o-f-f-e-n-s-e-s -a-g-a-i-n-s-t -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -c-o-m-m-i-t-t-e-d -i-n -t-h-e -j-u-r-i-s-d-i-c-t-i-o-n -o-f -t-h-e -B-u-r-e-a-u -o-f -R-e-c-l-a-m-a-t-i-o-n -i-n -t-h-e -a-b-s-e-n-c-e -o-f -i-n-v-e-s-t-i-g-a-t-i-o-n -t-h-e-r-e-o-f -b-y -a-n-y -o-t-h-e-r -F-e-d-e-r-a-l -l-a-w -e-n-f-o-r-c-e-m-e-n-t -a-g-e-n-c-y -h-a-v-i-n-g -i-n-v-e-s-t-i-g-a-t-i-v-e -j-u-r-i-s-d-i-c-t-i-o-n -o-v-e-r -t-h-e -o-f-f-e-n-s-e-s -c-o-m-m-i-t-t-e-d -o-r -w-i-t-h -t-h-e -c-o-n-c-u-r-r-e-n-c-e -o-f -s-u-c-h -o-t-h-e-r -a-g-e-n-c-y-; -`-`-(-2-) -S-p-e-c-i-a-l -p-o-l-i-c-e-.----T-h-e -S-e-c-r-e-t-a-r-y-, -a-c-t-i-n-g -t-h-r-o-u-g-h -t-h-e -C-o-m-m-i-s-s-i-o-n-e-r-, -m-a-y--- -`-`-(-A-) -d-e-s-i-g-n-a-t-e -o-f-f-i-c-e-r-s -a-n-d -e-m-p-l-o-y-e-e-s -o-f -a-n-y -o-t-h-e-r -F-e-d-e-r-a-l -a-g-e-n-c-y -o-r -l-a-w -e-n-f-o-r-c-e-m-e-n-t -p-e-r-s-o-n-n-e-l -o-f -a-n-y -S-t-a-t-e -o-r -p-o-l-i-t-i-c-a-l -s-u-b-d-i-v-i-s-i-o-n -t-h-e-r-e-o-f-, -w-h-e-n -d-e-e-m-e-d -e-c-o-n-o-m-i-c-a-l -a-n-d -i-n -t-h-e -p-u-b-l-i-c -i-n-t-e-r-e-s-t -a-n-d -w-i-t-h -t-h-e -c-o-n-c-u-r-r-e-n-c-e -o-f -t-h-a-t -a-g-e-n-c-y -o-r -t-h-a-t -S-t-a-t-e -o-r -s-u-b-d-i-v-i-s-i-o-n-, -t-o -a-c-t -a-s -s-p-e-c-i-a-l -p-o-l-i-c-e -i-n -t-h-e -a-r-e-a-s -u-n-d-e-r -t-h-e -j-u-r-i-s-d-i-c-t-i-o-n -o-f -t-h-e -B-u-r-e-a-u -o-f -R-e-c-l-a-m-a-t-i-o-n -w-h-e-n -s-u-p-p-l-e-m-e-n-t-a-l -l-a-w -e-n-f-o-r-c-e-m-e-n-t -p-e-r-s-o-n-n-e-l -m-a-y -b-e -n-e-e-d-e-d -a-n-d -t-o -e-x-e-r-c-i-s-e -t-h-e -p-o-w-e-r-s-, -s-p-e-c-i-f-i-e-d -i-n -p-a-r-a-g-r-a-p-h -(-1-)-; -`-`-(-B-) -c-o-o-p-e-r-a-t-e -w-i-t-h -t-h-e -B-u-r-e-a-u -o-f -R-e-c-l-a-m-a-t-i-o-n -s-y-s-t-e-m -a-n-d -w-i-t-h -a-n-y -S-t-a-t-e-, -o-r -p-o-l-i-t-i-c-a-l -s-u-b-d-i-v-i-s-i-o-n -t-h-e-r-e-o-f-, -i-n -t-h-e -e-n-f-o-r-c-e-m-e-n-t -o-r -s-u-p-e-r-v-i-s-i-o-n -o-f -t-h-e -l-a-w-s -o-r -o-r-d-i-n-a-n-c-e-s -o-f -t-h-a-t -S-t-a-t-e -o-r -s-u-b-d-i-v-i-s-i-o-n-s-; -a-n-d -`-`-(-C-) -p-r-o-v-i-d-e -l-i-m-i-t-e-d -r-e-i-m-b-u-r-s-e-m-e-n-t-, -t-o -a -S-t-a-t-e -o-r -i-t-s -p-o-l-i-t-i-c-a-l -s-u-b-d-i-v-i-s-i-o-n-s-, -i-n -a-c-c-o-r-d-a-n-c-e -w-i-t-h -s-u-c-h -r-e-g-u-l-a-t-i-o-n-s -a-s -t-h-e -S-e-c-r-e-t-a-r-y -m-a-y -p-r-e-s-c-r-i-b-e-, -w-h-e-r-e -t-h-e -S-t-a-t-e -h-a-s -c-e-d-e-d -c-o-n-c-u-r-r-e-n-t -l-e-g-i-s-l-a-t-i-v-e -j-u-r-i-s-d-i-c-t-i-o-n -o-v-e-r -t-h-e -a-f-f-e-c-t-e-d -a-r-e-a -o-f -t-h-e -B-u-r-e-a-u -o-f -R-e-c-l-a-m-a-t-i-o-n -s-y-s-t-e-m-, -f-o-r -e-x-p-e-n-d-i-t-u-r-e-s -i-n-c-u-r-r-e-d -i-n -c-o-n-n-e-c-t-i-o-n -w-i-t-h -t-h-e -a-c-t-i-v-i-t-i-e-s -o-f -t-h-e -S-t-a-t-e -o-r -p-o-l-i-t-i-c-a-l -s-u-b-d-i-v-i-s-i-o-n -w-i-t-h-i-n -t-h-e -B-u-r-e-a-u -p-r-o-j-e-c-t -w-h-i-c-h -w-e-r-e -r-e-n-d-e-r-e-d -p-u-r-s-u-a-n-t -t-o -t-h-i-s -p-a-r-a-g-r-a-p-h-; -a-n-d -`-`-(-D-) -p-e-r-f-o-r-m -a-n-y -o-t-h-e-r -l-a-w -e-n-f-o-r-c-e-m-e-n-t -d-u-t-y -s-p-e-c-i-f-i-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -I-n-t-e-r-i-o-r-. -`-`-(-3-) -R-u-l-e-s -r-e-l-a-t-i-n-g -t-o -s-p-e-c-i-a-l -o-f-f-i-c-e-r-s-.--- -`-`-(-A-) -E-x-c-e-p-t -a-s -o-t-h-e-r-w-i-s-e -p-r-o-v-i-d-e-d -i-n -t-h-i-s -s-u-b-s-e-c-t-i-o-n-, -a -l-a-w -e-n-f-o-r-c-e-m-e-n-t -o-f-f-i-c-e-r -o-f -a-n-y -S-t-a-t-e -o-r -p-o-l-i-t-i-c-a-l -s-u-b-d-i-v-i-s-i-o-n -t-h-e-r-e-o-f -d-e-s-i-g-n-a-t-e-d -t-o -a-c-t -a-s -s-p-e-c-i-a-l -p-o-l-i-c-e -u-n-d-e-r -p-a-r-a-g-r-a-p-h -(-2-) -s-h-a-l-l -n-o-t -b-e -d-e-e-m-e-d -a -F-e-d-e-r-a-l -e-m-p-l-o-y-e-e -a-n-d -s-h-a-l-l -n-o-t -b-e -s-u-b-j-e-c-t -t-o -t-h-e -p-r-o-v-i-s-i-o-n-s -o-f -l-a-w -r-e-l-a-t-i-n-g -t-o -F-e-d-e-r-a-l -e-m-p-l-o-y-m-e-n-t-, -i-n-c-l-u-d-i-n-g -(-b-u-t -n-o-t -l-i-m-i-t-e-d -t-o-) -t-h-o-s-e -r-e-l-a-t-i-n-g -t-o -h-o-u-r-s -o-f -w-o-r-k-, -r-a-t-e-s -o-f -c-o-m-p-e-n-s-a-t-i-o-n-, -l-e-a-v-e-, -u-n-e-m-p-l-o-y-m-e-n-t -c-o-m-p-e-n-s-a-t-i-o-n-, -a-n-d -F-e-d-e-r-a-l -b-e-n-e-f-i-t-s-. -`-`-(-B-) -F-o-r -p-u-r-p-o-s-e-s -o-f -t-h-e -t-o-r-t -c-l-a-i-m -p-r-o-v-i-s-i-o-n-s -o-f -t-i-t-l-e -2-8-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-, -a -l-a-w -e-n-f-o-r-c-e-m-e-n-t -o-f-f-i-c-e-r -o-f -a-n-y -S-t-a-t-e -o-r -p-o-l-i-t-i-c-a-l -s-u-b-d-i-v-i-s-i-o-n -t-h-e-r-e-o-f -s-h-a-l-l-, -w-h-e-n -a-c-t-i-n-g -a-s -s-p-e-c-i-a-l -p-o-l-i-c-e -u-n-d-e-r -p-a-r-a-g-r-a-p-h -(-2-)-, -b-e -c-o-n-s-i-d-e-r-e-d -a -F-e-d-e-r-a-l -e-m-p-l-o-y-e-e-. -`-`-(-C-) -F-o-r -p-u-r-p-o-s-e-s -o-f -s-u-b-c-h-a-p-t-e-r -I -o-f -c-h-a-p-t-e-r -8-1 -o-f -t-i-t-l-e -5-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-, -r-e-l-a-t-i-n-g -t-o -c-o-m-p-e-n-s-a-t-i-o-n -t-o -F-e-d-e-r-a-l -e-m-p-l-o-y-e-e-s -f-o-r -w-o-r-k -i-n-j-u-r-i-e-s-, -a -l-a-w -e-n-f-o-r-c-e-m-e-n-t -o-f-f-i-c-e-r -o-f -a-n-y -S-t-a-t-e -o-r -p-o-l-i-t-i-c-a-l -s-u-b-d-i-v-i-s-i-o-n -t-h-e-r-e-o-f -s-h-a-l-l-, -w-h-e-n -a-c-t-i-n-g -a-s -a -s-p-e-c-i-a-l -p-o-l-i-c-e-m-a-n -u-n-d-e-r -p-a-r-a-g-r-a-p-h -(-2-)-, -b-e -d-e-e-m-e-d -t-o -b-e -a -c-i-v-i-l -s-e-r-v-i-c-e -e-m-p-l-o-y-e-e -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -w-i-t-h-i-n -t-h-e -m-e-a-n-i-n-g -o-f -t-h-e -t-e-r-m -`-e-m-p-l-o-y-e-e-' -a-s -d-e-f-i-n-e-d -i-n -s-e-c-t-i-o-n -8-1-0-1 -o-f -t-i-t-l-e -5-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-, -a-n-d -t-h-e -p-r-o-v-i-s-i-o-n-s -o-f -t-h-a-t -s-u-b-c-h-a-p-t-e-r -s-h-a-l-l -a-p-p-l-y-. -`-`-(-4-) -S-t-a-t-u-s -o-f -a-u-t-h-o-r-i-t-i-e-s-.--- -T-h-e -a-u-t-h-o-r-i-t-i-e-s -p-r-o-v-i-d-e-d -b-y -t-h-i-s -s-u-b-s-e-c-t-i-o-n -s-h-a-l-l -s-u-p-p-l-e-m-e-n-t -t-h-e -l-a-w -e-n-f-o-r-c-e-m-e-n-t -r-e-s-p-o-n-s-i-b-i-l-i-t-i-e-s -o-f -t-h-e -B-u-r-e-a-u -o-f -R-e-c-l-a-m-a-t-i-o-n -a-n-d -s-h-a-l-l -n-o-t -a-u-t-h-o-r-i-z-e -t-h-e -d-e-l-e-g-a-t-i-o-n -o-f -l-a-w -e-n-f-o-r-c-e-m-e-n-t -r-e-s-p-o-n-s-i-b-i-l-i-t-i-e-s -o-f -t-h-e -B-u-r-e-a-u -o-f -S-t-a-t-e -a-n-d -l-o-c-a-l -g-o-v-e-r-n-m-e-n-t-s-. -`-`-(-g-) -R-e-g-u-l-a-t-i-o-n-s -C-o-n-c-e-r-n-i-n-g -O-t-h-e-r -A-c-t-i-v-i-t-i-e-s-.----T-h-e -S-e-c-r-e-t-a-r-y-, -a-c-t-i-n-g -t-h-r-o-u-g-h -t-h-e -C-o-m-m-i-s-s-i-o-n-e-r-, -s-h-a-l-l -e-n-f-o-r-c-e -r-e-g-u-l-a-t-i-o-n-s -i-s-s-u-e-d -u-n-d-e-r -s-u-b-s-e-c-t-i-o-n -(-a-)-(-2-) -c-o-n-c-e-r-n-i-n-g -b-o-a-t-i-n-g -a-n-d -o-t-h-e-r -a-c-t-i-v-i-t-i-e-s -o-n -o-r -r-e-l-a-t-i-n-g -t-o -w-a-t-e-r-s -l-o-c-a-t-e-d -w-i-t-h-i-n -a-r-e-a-s -o-f -t-h-e -B-u-r-e-a-u -o-f -R-e-c-l-a-m-a-t-i-o-n-, -i-n-c-l-u-d-i-n-g -w-a-t-e-r-s -s-u-b-j-e-c-t -t-o -t-h-e -j-u-r-i-s-d-i-c-t-i-o-n -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s-. -`-`-(-h-) -S-a-v-i-n-g-s-.----N-o-t-h-i-n-g -c-o-n-t-a-i-n-e-d -i-n -t-h-i-s -t-i-t-l-e -s-h-a-l-l -b-e -c-o-n-s-t-r-u-e-d -o-r -a-p-p-l-i-e-d -t-o -l-i-m-i-t -o-r -r-e-s-t-r-i-c-t -t-h-e -i-n-v-e-s-t-i-g-a-t-i-v-e -j-u-r-i-s-d-i-c-t-i-o-n -o-f -a-n-y -F-e-d-e-r-a-l -l-a-w -e-n-f-o-r-c-e-m-e-n-t -a-g-e-n-c-y -o-t-h-e-r -t-h-a-n -t-h-e -B-u-r-e-a-u -o-f -R-e-c-l-a-m-a-t-i-o-n-, -a-n-d -n-o-t-h-i-n-g -s-h-a-l-l -b-e -c-o-n-s-t-r-u-e-d -o-r -a-p-p-l-i-e-d -t-o -a-f-f-e-c-t -a-n-y -r-i-g-h-t -o-f -a -S-t-a-t-e -o-r -p-o-l-i-t-i-c-a-l -s-u-b-d-i-v-i-s-i-o-n -t-h-e-r-e-o-f -t-o -e-x-e-r-c-i-s-e -c-i-v-i-l -a-n-d -c-r-i-m-i-n-a-l -j-u-r-i-s-d-i-c-t-i-o-n -w-i-t-h-i-n -a-n-y -o-f -t-h-e -B-u-r-e-a-u -o-f -R-e-c-l-a-m-a-t-i-o-n -p-r-o-j-e-c-t-s-.-'-'-. That section 2805 of the Recreation Management Act of 1992 (16 U.S.C. 4601-31) is amended by adding at the end the following: ``(e) Penalty.--Any person who violates any regulation issued under subsection (a)(2) shall be fined in accordance with title 18, United States Code, or imprisoned not more than 6 months, or both, (and may be adjudged to pay all costs of the proceedings). ``(f) Law Enforcement Officers.-- ``(1) Bureau of reclamation law enforcement officers.--In addition to any other authorities conferred by law, the Secretary of the Interior is authorized to designate, pursuant to standards prescribed in regulations by the Secretary, certain officers or employees of the Department of the Interior who shall maintain law and order and protect persons and property within the areas subject to the jurisdiction of the Bureau of Reclamation. In the performance of such duties, the officers or employees so designated may-- ``(A) carry firearms and make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such a felony, if such arrests occur within such areas of jurisdiction of the Bureau or the person to be arrested is fleeing therefrom the avoid arrest; ``(B) execute any warrant or other process issued by a court or officer of competent jurisdiction for the enforcement of the provisions of any Federal law or regulation issued pursuant to law arising out of an offense committed in an area subject to the jurisdiction of the Bureau of Reclamation project, or, where the person subject to the warrant or process is in an area of Reclamation's jurisdiction, in connection with any Federal offense; ``(C) conduct investigations of offenses against the United States committed in the jurisdiction of the Bureau of Reclamation in the absence of investigation thereof by any other Federal law enforcement agency having investigative jurisdiction over the offenses committed or with the concurrence of such other agency; ``(D) cooperate with any State, or political subdivision thereof, in the enforcement or supervision of the laws or ordinances of that State or subdivisions; and ``(E) perform any other law enforcement duty specified by the Secretary of the Interior. ``(2) Special officers.--The Secretary, acting through the Commissioner, may-- ``(A) designate officers and employees of any other Federal agency or law enforcement personnel of any State or political subdivision thereof, when deemed economical and in the public interest and with the concurrence of that agency or that State or subdivision, to act as special officers in the areas under the jurisdiction of the Bureau of Reclamation when supplemental law enforcement personnel may be needed and to exercise the powers, specified in paragraph (1); and ``(B) provide limited reimbursement, to a State or its political subdivisions, in accordance with such regulations as the Secretary may prescribe, where the State has ceded concurrent legislative jurisdiction over the affected area of the Bureau of Reclamation system, for expenditures incurred in connection with the activities of the State of political subdivision within the Bureau project which were rendered pursuant to this paragraph. ``(3) Rules relating to special officers.-- ``(A) Except as otherwise provided in this subsection, a law enforcement officer of any State or political subdivision thereof designated to act as a special officer under paragraph (2) shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including (but not limited to) those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal benefits. ``(B) For purposes of the tort claim provisions of title 28, United States Code, a law enforcement officer of any State or political subdivision thereof shall, when acting as a special officer under paragraph (2), be considered a Federal employee. ``(C) For purposes of subchapter I of chapter 81 of title 5, United States Code, relating to compensation to Federal employees for work injuries, a law enforcement officer of any State or political subdivision thereof shall, when acting as a special officer under paragraph (2), be deemed to be a civil service employee of the United States within the meaning of the `employee' as defined in section 8101 of title 5, United States Code, and the provisions of that subchapter shall apply. ``(4) Status of authorities.--The authorities provided by this subsection shall supplement the law enforcement responsibilities of the Bureau of Reclamation and shall not authorize the delegation of law enforcement responsibilities of the Bureau of State and local governments. ``(g) Jurisdiction.--Nothing contained in this title shall be construed or applied to limit or restrict the investigative jurisdiction of any Federal law enforcement agency other than the Bureau of Reclamation, and nothing shall be construed or applied to affect any right of a State or political subdivision thereof to exercise civil and criminal jurisdiction within any of the Bureau of Reclamation projects.''.

Amends the Recreation Management Act of 1992 to impose a fine or up to six months' imprisonment or both on persons who violate regulations issued by the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, regarding the management of reclamation lands. (Allows such persons to be adjudged to pay all costs of the proceedings.) Authorizes the Secretary to designate certain officers or employees of the Department of the Interior to maintain law and order and to protect persons and property within the areas subject to the Bureau's jurisdiction. Authorizes the Secretary, acting through the Commissioner, to: (1) designate officers and employees of any other Federal agency or law enforcement personnel of any State or political subdivision thereof, when deemed economical and in the public interest and with the concurrence of such appropriate entity, to act as special police in the areas under the Bureau's jurisdiction when supplemental law enforcement personnel may be needed and to exercise the same powers as designated Bureau law enforcement officers; and (2) provide limited reimbursement to a State or its political subdivisions for expenditures incurred in connection with such activities.

A bill to amend the Recreation Management Act of 1992, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Employees and Retirees in Municipal Bankruptcies Act of 2017''. SEC. 2. DETERMINATION OF MUNICIPALITY ELIGIBILITY TO BE A DEBTOR UNDER CHAPTER 9 OF TITLE 11 OF THE UNITED STATES CODE. (a) Requirements.--Section 109(c) of title 11, United States Code, is amended-- (1) in paragraph (5)-- (A) in subparagraph (B) by inserting ``(but with respect to creditors who are employees or retirees of such entity, the term `good faith' shall have the same meaning as such term has in the National Labor Relations Act)'' after ``creditors'' the first place it appears, (B) in subparagraph (C) by striking ``impracticable'' and inserting ``impossible'', and (C) in subparagraph (D) by striking the period at the end and inserting a semicolon, and (2) by adding at the end the following: ``and establishes by clear and convincing evidence that it satisfies the requirements of this subsection.''. (b) Repeal of Limitation on Authority To Issue Stay Pending Appeal.--The first sentence of section 921(e) of title 11, United States Code, is amended by striking ``; nor'' and all that follows through ``appeal''. (c) Direct Immediate Appeal to Court of Appeals.--Section 158(d) of title 28, United States Code, is amended by adding at the end the following: ``(3) The appropriate court of appeals shall have jurisdiction of an appeal of a determination made by a bankruptcy court under section 109(c) of title 11 that an entity is eligible to be a debtor under chapter 9 of title 11 and shall consider and determine such appeal on an expedited basis. Such appeal shall be a direct appeal to be reviewed and heard de novo on the merits. The doctrine of equitable mootness shall not apply to appeals under this paragraph.''. SEC. 3. PROTECTING EMPLOYEES AND RETIREES. Section 943 of title 11, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (6) by striking ``and'' at the end, (B) by redesignating paragraph (7) as paragraph (8), and (C) by inserting after paragraph (6) the following: ``(7) in a case in which the plan modifies a collective bargaining agreement, or modifies a retiree benefit, including an accrued pension, retiree health, or other retirement benefit otherwise protected by State or municipal law, or a retiree benefit as defined in section 1114(a), in any manner otherwise prohibited by nonbankruptcy law, the authorized representative of the employees covered by such agreement, or the authorized representative of individuals receiving the retiree benefits, as the case may be, agrees to the plan; and'', and (2) by adding at the end the following: ``(c)(1) For purposes of this section, and except as provided in paragraphs (2) and (3), the authorized representative of those individuals receiving any retiree benefit covered by any collective bargaining agreement shall be the labor organization that is signatory to such agreement unless such organization no longer represents active employees in the bargaining unit the retirees belonged to when they were active employees. In such case, the labor organization that currently represents active employees in that bargaining unit shall be the authorized representative of such individuals. ``(2) Paragraph (1) shall not apply if-- ``(A) such labor organization elects not to serve as the authorized representative of such individuals; or ``(B) the court, upon a motion by a party in interest, after notice and hearing, determines that different representation of such individuals is appropriate. ``(3) In a case in which the labor organization referred to in paragraph (2) elects not to serve as the authorized representative of those individuals receiving any retiree benefits covered by any collective bargaining agreement to which that labor organization is signatory, or in a case where the court, pursuant to paragraph (2) finds different representation of such individuals appropriate, the court, upon a motion by a party in interest, and after notice and a hearing, shall order the United States trustee to appoint a committee of retired employees if the debtor seeks to modify or not pay the retiree benefits or if the court otherwise determines that it is appropriate, from among such individuals, to serve as the authorized representative of such individuals under this section. The party requesting such relief has the burden of proof. ``(d) For retired employees not covered by a collective bargaining agreement, the court, upon a motion by a party in interest, and after notice and a hearing, shall issue an order requiring the United States trustee to appoint a committee of retired employees if the debtor seeks to modify or not pay the retiree benefits, or if the court otherwise determines that it is appropriate, to serve as the authorized representative under this section of such employees. Such party has the burden of proof with respect to such motion. ``(e) To comply with an order issued under subsection (c)(3) or (d), notwithstanding any other provision of this chapter, the United States trustee shall appoint, on a proportional basis per capita based on organization membership, individuals chosen from among members of organizations that represent the retirees with respect to whom such order is entered. ``(f) Members of a committee appointed under subsection (c)(3) or (d) may not recommend modification of any right to a retiree benefit unless not less than \2/3\ of such members vote in support of such recommendation.''.

Protecting Employees and Retirees in Municipal Bankruptcies Act of 2017 This bill amends federal bankruptcy law to: (1) heighten criteria with respect to a municipality's eligibility for municipal bankruptcy, and (2) revise provisions related to judicial procedure and review in municipality bankruptcy cases. In addition, the bill expands protections for employees and retirees in cases of municipal bankruptcy. Specifically, if a municipal bankruptcy plan modifies a collective bargaining agreement or retiree benefit, the covered employees' authorized representative must agree to the plan as a condition of the plan's confirmation by the court. In general, the authorized representative shall be the labor organization that is signatory to the collective bargaining agreement. However, the bill establishes procedures for the court's appointment of a different representative under specified circumstances.

Protecting Employees and Retirees in Municipal Bankruptcies Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Canceling Loans to Allow School Systems to Attract Classroom Teachers Act''. SEC. 2. ADDITIONAL QUALIFIED LOAN AMOUNTS FOR STUDENT LOAN FORGIVENESS AND LOAN CANCELLATION. (a) FFEL Loans.--Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10) is amended-- (1) in subsection (c)-- (A) in paragraph (1), by striking ``$5,000'' and inserting ``$17,500''; and (B) by adding at the end the following: ``(3) Priority.--The Secretary shall repay the loan obligations for elementary school or secondary school teachers who meet the requirements of subsection (b) on a first-come first-served basis, subject to the availability of appropriations, but shall give priority in providing loan repayment under this paragraph for a fiscal year to teachers who-- ``(A)(i) are employed as special education teachers whose primary responsibility is to teach or support children with disabilities (as defined in section 602 of the Individuals with Disabilities Act); and ``(ii) as certified by the chief administrative officer of the public or nonprofit private elementary school or secondary school in which the borrower is employed, are teaching children with disabilities (as defined in section 602 of the Individuals with Disabilities Act) that correspond with the borrower's training and have demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching; or ``(B) are employed as teachers of mathematics or science in local educational agencies that are determined by a State educational agency under section 2141 of the Elementary and Secondary Education Act of 1965 to have failed to make progress toward meeting the annual measurable objectives described in section 1119(a)(2) of such Act for 2 consecutive years.''; and (2) by adding at the end the following: ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2003 and each of the 4 succeeding fiscal years.''. (b) Direct Loans.--Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j) is amended-- (1) in subsection (c)-- (A) in paragraph (1), by striking ``$5,000'' and inserting ``$17,500''; and (B) by adding at the end the following: ``(3) Priority.--The Secretary shall cancel loan obligations under this section for elementary school or secondary school teachers who meet the requirements of subsection (b) on a first-come first-served basis, subject to the availability of appropriations, but shall give priority in canceling loan obligations under this section for a fiscal year to teachers who-- ``(A)(i) are employed as special education teachers whose primary responsibility is to teach or support children with disabilities (as defined in section 602 of the Individuals with Disabilities Act); and ``(ii) as certified by the chief administrative officer of the public or nonprofit private elementary school or secondary school in which the borrower is employed, are teaching children with disabilities (as defined in section 602 of the Individuals with Disabilities Education Act) that correspond with the borrower's training and have demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching; or ``(B) are employed as teachers of mathematics or science in local educational agencies that are determined by a State educational agency under section 2141 of the Elementary and Secondary Education Act of 1965 to have failed to make progress toward meeting the annual measurable objectives described in section 1119(a)(2) of such Act for 2 consecutive years.''; and (2) by adding at the end the following: ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2003 and each of the 4 succeeding fiscal years.''.

Canceling Loans to Allow School Systems to Attract Classroom Teachers Act - Amends the Higher Education Act of 1965 to provide for additional amounts of student loan forgiveness and cancellation for certain elementary and secondary school teachers. Directs the Secretary of Education, in making such additional repayments and cancellations, to give priority to teachers of: (1) special education; (2) children with disabilities; or (3) mathematics or science in local educational agencies that have failed to make progress toward meeting annual measurable objectives.

To increase the amount of student loan forgiveness and loan cancellation available to qualified teachers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Time for Schools Act of 1997''. SEC. 2. GENERAL REQUIREMENTS FOR LEAVE. (a) Entitlement to Leave.--Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following: ``(3) Entitlement to school involvement leave.-- ``(A) In general.--Subject to section 103(f), an eligible employee shall be entitled to a total of 24 hours of leave during any 12-month period to participate in an activity of a school of a son or daughter of the employee, such as a parent-teacher conference or an interview for a school, or to participate in literacy training under a family literacy program. ``(B) Definitions.--In this paragraph: ``(i) Family literacy program.--The term `family literacy program' means a program of services that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family and that integrate all of the following activities: ``(I) Interactive literacy activities between parents and their sons and daughters. ``(II) Training for parents on how to be the primary teacher for their sons and daughters and full partners in the education of their sons and daughters. ``(III) Parent literacy training. ``(IV) An age-appropriate education program for sons and daughters. ``(ii) Literacy.--The term `literacy', used with respect to an individual, means the ability of the individual to speak, read, and write English, and compute and solve problems, at levels of proficiency necessary-- ``(I) to function on the job, in the family of the individual, and in society; ``(II) to achieve the goals of the individual; and ``(III) to develop the knowledge potential of the individual. ``(iii) School.--The term `school' means an elementary school or secondary school (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility operated by a provider who meets the applicable State or local government licensing, certification, approval, or registration requirements, if any. ``(4) Limitation.--No employee may take more than a total of 12 workweeks of leave under paragraphs (1) and (3) during any 12-month period.''. (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is amended by inserting before the period the following: ``, or for leave provided under subsection (a)(3) for any part of the 24-hour period of such leave under such subsection''. (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following: ``(3) Notice for school involvement leave.--In any case in which the necessity for leave under subsection (a)(3) is foreseeable, the employee shall provide the employer with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection. If the necessity for the leave is not foreseeable, the employee shall provide such notice as is practicable.''. (e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(f) Certification for School Involvement Leave.--An employer may require that a request for leave under section 102(a)(3) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. SEC. 3. SCHOOL INVOLVEMENT LEAVE FOR CIVIL SERVICE EMPLOYEES. (a) Entitlement to Leave.--Section 6382(a) of title 5, United States Code, is amended by adding at the end the following: ``(3)(A) Subject to section 6383(f), an employee shall be entitled to a total of 24 hours of leave during any 12-month period to participate in an activity of a school of a son or daughter of the employee, such as a parent-teacher conference or an interview for a school, or to participate in literacy training under a family literacy program. ``(B) In this paragraph: ``(i) The term `family literacy program' means a program of services that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family and that integrate all of the following activities: ``(I) Interactive literacy activities between parents and their sons and daughters. ``(II) Training for parents on how to be the primary teacher for their sons and daughters and full partners in the education of their sons and daughters. ``(III) Parent literacy training. ``(IV) An age-appropriate education program for sons and daughters. ``(ii) The term `literacy', used with respect to an individual, means the ability of the individual to speak, read, and write English, and compute and solve problems, at levels of proficiency necessary-- ``(I) to function on the job, in the family of the individual, and in society; ``(II) to achieve the goals of the individual; and ``(III) to develop the knowledge potential of the individual. ``(iii) The term `school' means an elementary school or secondary school (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility operated by a provider who meets the applicable State or local government licensing, certification, approval, or registration requirements, if any. ``(4) No employee may take more than a total of 12 workweeks of leave under paragraphs (1) and (3) during any 12-month period.''. (b) Schedule.--Section 6382(b)(1) of such title is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 6382(d) of such title is amended by inserting before ``, except'' the following: ``, or for leave provided under subsection (a)(3) any of the employee's accrued or accumulated annual leave under subchapter I for any part of the 24-hour period of such leave under such subsection''. (d) Notice.--Section 6382(e) of such title is amended by adding at the end the following: ``(3) In any case in which the necessity for leave under subsection (a)(3) is foreseeable, the employee shall provide the employing agency with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection. If the necessity for the leave is not foreseeable, the employee shall provide such notice as is practicable.''. (e) Certification.--Section 6383 of such title is amended by adding at the end the following: ``(f) An employing agency may require that a request for leave under section 6382(a)(3) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.''. SEC. 4. EFFECTIVE DATE. This Act takes effect 120 days after the date of enactment of this Act.

Time for Schools Act of 1997 - Amends the Family and Medical Leave Act of 1993 to allow employees covered by such Act to take up to 24 hours, during any 12-month period, of school involvement leave to participate in: (1) an activity of their child's school; or (2) literacy training under a family literacy program. Amends Federal civil service law to apply the same school involvement leave allowance to Federal employees.

Time for Schools Act of 1997

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Tax Technical Corrections Act of 2002''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; etc. Sec. 2. Amendments related to Job Creation and Worker Assistance Act of 2002. Sec. 3. Amendments related to Economic Growth and Tax Relief Reconciliation Act of 2001. Sec. 4. Amendment related to Victims of Terrorism Tax Relief Act of 2001. Sec. 5. Amendments related to Community Renewal Tax Relief Act of 2000. Sec. 6. Amendments related to Taxpayer Relief Act of 1997. Sec. 7. Other technical corrections. Sec. 8. Clerical amendments. SEC. 2. AMENDMENTS RELATED TO JOB CREATION AND WORKER ASSISTANCE ACT OF 2002. (a) Amendments Related to Section 101 of the Act.-- (1) Subparagraph (A) of section 168(k)(2) is amended-- (A) by striking ``but only if no written binding contract for the acquisition was in effect before September 11, 2001,'' in clause (iii)(I), and (B) by adding at the end the following new sentence: ``Such term shall not include any property with respect to which a written binding contract is in effect before September 11, 2001, for the acquisition of such property or, in the case of property manufactured, constructed, or produced for the taxpayer's own use, for the manufacture, construction, or production of such property.''. (2) Clause (ii) of section 168(k)(2)(D) is amended-- (A) by inserting ``clause (iii) and'' before ``subparagraph (A)(ii)'', (B) by inserting ``is'' after ``if property'', and (C) by striking ``is'' in subclause (I). (3) Subparagraph (D) of section 168(k)(2) is amended by adding at the end the following new clause: ``(iii) Syndication.--For purposes of subparagraph (A)(ii), if-- ``(I) property is originally placed in service after September 10, 2001, by the lessor of such property, ``(II) such property is sold by such lessor or any subsequent purchaser within 3 months after the date so placed in service, and ``(III) the user of such property after the last sale during such 3-month period remains the same as when such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date of such last sale.''. (b) Amendments Related to Section 102 of the Act.-- (1) Subparagraph (H) of section 172(b)(1) is amended by striking ``a taxpayer which has''. (2) In the case of a net operating loss for a taxable year ending during 2001-- (A) an application under section 6411(a) of the Internal Revenue Code of 1986 with respect to such loss shall not fail to be treated as timely filed if filed before November 1, 2002, and (B) any election made under subsection (b)(3) or (j) of section 172 of such Code may (notwithstanding such subsections) be revoked before November 1, 2002. (3) Section 102(c)(2) of the Job Creation and Worker Assistance Act of 2002 (Public Law 107-147) is amended by striking ``before January 1, 2003'' and inserting ``after December 31, 1995''. (4)(A) Subclause (I) of section 56(d)(1)(A)(i) is amended by striking ``attributable to carryovers''. (B) Subclause (I) of section 56(d)(1)(A)(ii) is amended-- (i) by striking ``for taxable years'' and inserting ``from taxable years'', and (ii) by striking ``carryforwards'' and inserting ``carryovers''. (c) Amendments Related to Section 301 of the Act.-- (1) Subparagraph (D) of section 1400L(a)(2) is amended-- (A) by striking ``subchapter B'' and inserting ``subchapter A'', and (B) in clause (ii), by striking ``subparagraph (B)'' and inserting ``this paragraph''. (2) Subparagraph (A) of section 1400L(b)(2) is amended-- (A) by striking ``but only if no written binding contract for the acquisition was in effect before September 11, 2001,'' in clause (iv), and (B) by adding at the end the following new sentence: ``The term `qualified New York Liberty Zone property' shall not include any property with respect to which a written binding contract is in effect before September 11, 2001, for the acquisition of such property or, in the case of property manufactured, constructed, or produced for the taxpayer's own use, for the manufacture, construction, or production of such property.''. (3) Paragraph (2) of section 1400L(f) is amended by inserting before the period ``, determined without regard to subparagraph (C)(i) thereof''. (d) Amendment Related to Section 405 of the Act.--The last sentence of section 4006(a)(3)(E)(iii)(IV) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)(E)(iii)(IV)) is amended-- (1) by inserting ``or this subparagraph'' after ``this clause'' both places it appears, and (2) by inserting ``(other than sections 4005, 4010, 4011, and 4043)'' after ``subsections''. (e) Amendment Related to Section 411 of the Act.--Section 411(c)(2)(B) of the Job Creation and Worker Assistance Act of 2002 is amended by striking ``Paragraph (2)'' and inserting ``Paragraph (1)''. (f) Effective Date.--The amendments made by this section shall take effect as if included in the provisions of the Job Creation and Worker Assistance Act of 2002 to which they relate. SEC. 3. AMENDMENTS RELATED TO ECONOMIC GROWTH AND TAX RELIEF RECONCILIATION ACT OF 2001. (a) Amendment Related to Section 401 of the Act.--Clause (i) of section 530(d)(2)(C) is amended by striking ``higher'' after ``qualified''. (b) Amendment Related to Section 611 of the Act.--Section 415(d)(4)(A) is amended by adding at the end the following new sentence: ``This subparagraph shall also apply for purposes of any provision of this title that provides for adjustments in accordance with the method contained in this subsection, except to the extent provided in such provision.''. (c) Amendment Related to Section 637 of the Act.--Section 408(p)(6)(A)(i) is amended by adding at the end the following new sentence: ``For purposes of the preceding sentence, amounts described in section 6051(a)(3) shall be determined without regard to section 3401(a)(3).''. (d) Effective Date.--The amendments made by this section shall take effect as if included in the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 to which they relate. SEC. 4. AMENDMENT RELATED TO VICTIMS OF TERRORISM TAX RELIEF ACT OF 2001. (a) Amendment Related to Section 201 of the Act.--Clause (iv) of section 6103(i)(7)(B) is amended by inserting ``and subparagraph (A)'' after ``this subparagraph''. (b) Effective Date.--The amendment made by this section shall take effect as if included in section 201 of the Victims of Terrorism Tax Relief Act of 2001. SEC. 5. AMENDMENTS RELATED TO COMMUNITY RENEWAL TAX RELIEF ACT OF 2000. (a) Amendments Related to Section 401 of the Act.-- (1) Subsection (c) of section 1234B is amended by adding at the end the following new sentence: ``The Secretary may prescribe regulations regarding the status of contracts the value of which are determined directly or indirectly by reference to an index which becomes (or ceases to be) a narrow- based security index (as defined for purposes of section 1256(g)(6)).''. (2) Paragraph (6) of section 1256(g) is amended by adding at the end the following new sentence: ``The Secretary may prescribe regulations regarding the status of options the value of which are determined directly or indirectly by reference to an index which becomes (or ceases to be) a narrow-based security index (as so defined).''. (b) Effective Date.--The amendments made by this section shall take effect as if included in section 401 of the Community Renewal Tax Relief Act of 2000. SEC. 6. AMENDMENTS RELATED TO TAXPAYER RELIEF ACT OF 1997. (a) Amendments Related to Section 1001 of the Act.-- (1) Paragraph (2) of section 1259(c) is amended by striking ``The term `constructive sale' shall not include any contract'' and inserting ``A taxpayer shall not be treated as having made a constructive sale solely because the taxpayer enters into a contract''. (2) Subparagraphs (A) and (B)(i) of section 1259(c)(3) are each amended by striking ``be treated as a constructive sale'' and inserting ``cause a constructive sale''. (3) Clause (i) of section 1259(c)(3)(A) is amended by striking ``before the end of'' and inserting ``on or before''. (4) Clause (ii) of section 1259(c)(3)(B) is amended by striking ``substantially similar''. (5) Subclause (I) of section 1259(c)(3)(B)(ii) is amended to read as follows: ``(I) which would (but for this subparagraph) cause the requirement of subparagraph (A)(iii) not to be met with respect to the transaction described in clause (i) of this subparagraph,''. (6) Subclause (II) of such section is amended by inserting ``on or'' before ``before the 30th day''. (7) The heading for subparagraph (B) of section 1259(c)(3) is amended by striking ``positions which are reestablished'' and inserting ``certain closed transactions where risk of loss on appreciated financial position diminished''. (b) Amendment Related to Section 1031 of the Act.--Section 4261(e)(4) is amended by adding at the end the following new subparagraph: ``(D) Special rule for amounts paid for domestic segments beginning after 2002.--If an amount is paid during a calendar year for a domestic segment beginning in a later calendar year, then the rate of tax under subsection (b) on such amount shall be the rate in effect for the calendar year in which such amount is paid.'' (c) Effective Date.-- (1) Amendments related to section 1001.--The amendments made by subsection (a) shall take effect as if included in section 1001 of the Taxpayer Relief Act of 1997. (2) Amendments related to section 1031.--The amendment made by subsection (b) shall apply to segments beginning after December 31, 2002. SEC. 7. OTHER TECHNICAL CORRECTIONS. (a) Definition of Valid Taxpayer Identification Number for Earned Income Credit.--Section 32(m) is amended to read as follows: ``(m) Identification Numbers.--Solely for purposes of subsections (c)(1)(F) and (c)(3)(D), a taxpayer identification number means a social security number assigned by the Social Security Administration-- ``(1) to a citizen of the United States, or ``(2) to an individual pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act.''. (b) Effective Date.--The amendment made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 8. CLERICAL AMENDMENTS. (a) The heading for subparagraph (F) of section 168(k)(2) is amended by striking ``miniumum'' and inserting ``minimum''. (b) The item relating to section 1234B in the table of sections for subpart IV of subchapter P of chapter 1 is amended to read as follows: ``Sec. 1234B. Gains or losses from securities futures contracts.''. (c) Section 156(c) of the Community Renewal Tax Relief Act of 2000 (114 Stat. 2763A-623) is amended in the first sentence by inserting ``than'' after ``not later''.

Tax Technical Corrections Act of 2002 - Amends the Internal Revenue Code to make technical corrections to the Job Creation and Worker Assistance Act of 2002 concerning: (1) the special depreciation allowance for certain property acquired after September 10, 2001 and before September 11, 2004; (2) the application of the temporary suspension of the 90 percent alternative minimum taxable income limit on certain carrybacks of net operating losses; (3) certain tax benefits for areas of New York City which sustained damage from the terrorist acts of September 11, 2001; (4) the interest rate range for certain additional funding requirements under the Employee Retirement Income Security Act of 1974 (ERISA); and (5) a technical correction to the Economic Growth and Tax Relief Reconciliation Act of 2001.Makes technical corrections to the Economic Growth and Tax Relief Reconciliation Act of 2001 concerning: (1) modifications to educational individual retirement accounts (IRAs); (2) an increase in benefit and contribution limits for defined benefit plans; and (3) a waiver of tax for nondeductible contributions to domestic and similar workers.Makes technical corrections to the Victims of Terrorism Tax Relief Act of 2001 concerning the disclosure of tax information in terrorism and national security investigations.Makes technical corrections to the Community Renewal Tax Relief Act of 2000 concerning the tax treatment of securities futures contracts.Makes technical corrects to the Taxpayer Relief Act of 1997 concerning constructive sales treatment for appreciated financial positions and the extension and modification of taxes funding the Airport and Airway Trust Fund.Redefines valid taxpayer identification number for the earned income credit.

To amend the Internal Revenue Code of 1986 to make technical corrections, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustaining Access to Vital Emergency Medical Services Act of 2001''. SEC. 2. RURAL EMERGENCY MEDICAL SERVICE TRAINING AND EQUIPMENT ASSISTANCE PROGRAM. Part E of title XII of the Public Health Service Act (42 U.S.C. 300d-51 et seq.), as amended by section 1305 of the Children's Health Act of 2000 (Public Law 106-310; 114 Stat. 1141) is amended by adding at the end the following new section: ``SEC. 1254. RURAL EMERGENCY MEDICAL SERVICE TRAINING AND EQUIPMENT ASSISTANCE PROGRAM. ``(a) Grants.--The Secretary, acting through the Administrator of the Health Resources and Services Administration (referred to in this section as the `Secretary') shall award grants to eligible entities to enable such entities to provide for improved emergency medical services in rural areas. ``(b) Eligibility.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be-- ``(A) a State emergency medical services office; ``(B) a State emergency medical services association; ``(C) a State office of rural health; ``(D) a local government entity; ``(E) a State or local ambulance provider; or ``(F) any other entity determined appropriate by the Secretary; and ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, that includes-- ``(A) a description of the activities to be carried out under the grant; and ``(B) an assurance that the applicant will comply with the matching requirement of subsection (e). ``(c) Use of Funds.--An entity shall use amounts received under a grant made under subsection (a), either directly or through grants to emergency medical service squads that are located in, or that serve residents of, a non-metropolitan statistical area, an area designated as rural area by any law or regulation of the State, or a rural census tract of a metropolitan statistical area (as determined under the most recent Goldsmith Modification, originally published in the Federal Register on February 27, 1992 (57 Fed. Reg. 6725)), to-- ``(1) hire or recruit emergency medical service personnel; ``(2) recruit or retain volunteer emergency medical service personnel; ``(3) train emergency medical service personnel in emergency response, injury prevention, safety awareness, and other topics relevant to the delivery of emergency medical services; ``(4) fund specific training to meet State or Federal certification requirements; ``(5) develop new ways to educate emergency health care providers through the use of technology-enhanced educational methods (such as distance learning); ``(6) acquire emergency medical services vehicles, including ambulances; ``(7) acquire emergency medical services equipment, including cardiac defibrillators; ``(8) acquire personal protective equipment for emergency medical services personnel as required by the Occupational Safety and Health Administration; and ``(9) educate the public concerning cardiopulmonary resuscitation (CPR), first aid, injury prevention, safety awareness, illness prevention, and other related emergency preparedness topics. ``(d) Preference.--In awarding grants under this section the Secretary shall give preference to-- ``(1) applications that reflect a collaborative effort by 2 or more of the entities described in subparagraphs (A) through (F) of subsection (b)(1); and ``(2) applications submitted by entities that intend to use amounts provided under the grant to fund activities described in any of paragraphs (1) through (5) of subsection (c). ``(e) Matching Requirement.--The Secretary may not make a grant under this section to an entity unless the entity agrees that the entity will make available (directly or through contributions from other public or private entities) non-Federal contributions toward the activities to be carried out under the grant in an amount equal to 5 percent of the amount received under the grant. ``(f) Emergency Medical Services.--In this section, the term `emergency medical services'-- ``(1) means resources used by a qualified public or private nonprofit entity, or by any other entity recognized as qualified by the State involved, to deliver medical care outside of a medical facility under emergency conditions that occur-- ``(A) as a result of the condition of the patient; or ``(B) as a result of a natural disaster or similar situation; and ``(2) includes services delivered by an emergency medical services provider (either compensated or volunteer) or other provider recognized by the State involved that is licensed or certified by the State as an emergency medical technician or its equivalent (as determined by the State), a registered nurse, a physician assistant, or a physician that provides services similar to services provided by such an emergency medical services provider. ``(g) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section, $50,000,000 for each of fiscal years 2002 through 2007. ``(2) Administrative costs.--The Director may use not more than 10 percent of the amount appropriated under paragraph (1) for a fiscal year for the administrative expenses of carrying out this section.''. SEC. 3. PRUDENT LAYPERSON STANDARD FOR EMERGENCY AMBULANCE SERVICES UNDER MEDICARE AND MEDICAID. (a) Ambulance Services for Medicare Fee-For-Service Beneficiaries.--Section 1861(s)(7) of the Social Security Act (42 U.S.C. 1395x(s)(7)) is amended by inserting before the semicolon at the end the following: ``, except that such regulations shall not fail to treat ambulance services as medical and other health services solely because the ultimate diagnosis of the individual receiving the ambulance services results in the conclusion that ambulance services were not necessary, as long as the request for ambulance services is made after the sudden onset of a medical condition that would be classified as an emergency medical condition (as defined in section 1852(d)(3)(B)).''. (b) Ambulance Services for Medicare+Choice Enrollees.--Section 1852(d)(3)(A) of the Social Security Act (42 U.S.C. 1395w-22(d)(3)(A)) is amended by inserting ``(including the services described in section 1861(s)(7))'' after ``outpatient services'' in the matter preceding clause (i). (c) Ambulance Services in Medicaid Managed Care Plans.--Section 1932(b)(2)(B) of the Social Security Act (42 U.S.C. 1396u-2(b)(2)(B)) is amended by inserting ``(including the services described in section 1861(s)(7) (if covered by the State plan))'' after ``outpatient services'' in the matter preceding clause (i). (d) Effective Date.--The amendments made by this section shall apply with respect to services provided on and after the date of enactment of the Act.

Sustaining Access to Vital Emergency Medical Services Act of 2001 - Amends the Public Health Service Act, as amended by the Children's Health Act of 2000, to direct the Secretary of Health and Human Services to award grants to eligible entities to enable such entities to provide for improved emergency medical services in rural areas.Amends titles XVIII (Medicare) (including part C (Medicare+Choice) of the Medicare program) and XIX (Medicaid) of the Social Security Act to establish a prudent layperson standard for emergency ambulance services under Medicare and Medicaid.

A bill to amend the Public Health Service Act and title XVIII of the Social Security Act to sustain access to vital emergency medical services in rural areas.

SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``Pipeline Safety Act of 2000''. (b) References in Act.--Except as specifically provided in this Act, whenever in this Act an amendment or repeal is expressed as an amendment or repeal of a provision, the reference shall be deemed to be made to title 49, United States Code. SEC. 2. DEFINITIONS. Section 60101 is amended-- (1) by striking ``and'' at the end of paragraph (24); (2) by striking the period at the end of paragraph (25) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(26) `release of a hazardous liquid or gas' means any spilling, leaking, emitting, discharging, dumping, disposing, or any other uncontrolled escape of a hazardous liquid or gas from a pipeline.''. SEC. 3. EXPANDED STATE AUTHORITY. (a) Additional Training and Education.--Section 60102(a) is amended by adding at the end the following new paragraph: ``(3)(A) A State may, by regulation, require individuals described in paragraph (1)(C) who operate a pipeline facility in such State to satisfy training and education requirements that are in addition to any qualifications required under that paragraph. ``(B) Subject to subparagraph (C), the Secretary may determine that a regulation under subparagraph (A) unduly burdens interstate commerce or that a State lacks the resources or expertise necessary to carry out a regulation under that subparagraph. A State may not enforce a regulation covered by a determination under the preceding sentence. ``(C) The Secretary may make a determination under subparagraph (B) only-- ``(i) after notifying the State concerned in writing of the Secretary's objections to the regulation; ``(ii) after affording the State an opportunity to take action within a period of time (not to exceed 90 days) specified by the Secretary to modify the regulation to take into account the objections specified under clause (i); and ``(iii) after a public hearing.''. (b) Use of Leak Detection Devices.--Section 60102(j) is amended by adding at the end the following new paragraph: ``(4)(A)(i) A State may, by regulation, require the use of equipment in such State to detect and locate pipeline releases of hazardous liquids or gases. ``(ii) A State may require equipment under clause (i) only if-- ``(I) the Secretary has determined the equipment to be effective and useful for detecting releases of hazardous liquids or gases; or ``(II) the equipment is commonly used in the pipeline industry for detecting such releases. ``(B) Subject to subparagraph (C), the Secretary may determine that a regulation under subparagraph (A) unduly burdens interstate commerce or that a State lacks the resources or expertise necessary to carry out a regulation under that subparagraph. A State may not enforce a regulation covered by a determination under the preceding sentence. ``(C) The Secretary may make a determination under subparagraph (B) only-- ``(i) after notifying the State concerned in writing of the Secretary's objections to the regulation; ``(ii) after affording the State an opportunity to take action within a period of time (not to exceed 90 days) specified by the Secretary to modify the regulation to take into account the objections specified under clause (i); and ``(iii) after a public hearing.''. (c) Relation to Federal Preemption.--The second sentence of section 60104(c) is amended by striking ``A State'' and inserting ``Except as otherwise provided in sections 60102 and 60106, a State''. (d) State Pipeline Safety Agreements.-- (1) In general.--Section 60106 is amended-- (A) in subsection (a)-- (i) in the second sentence, by striking ``agreement shall--'' and inserting ``agreement--''; (ii) in paragraph (1)-- (I) by inserting ``shall'' before ``establish''; and (II) by striking ``and'' at the end; (iii) in paragraph (2)-- (I) by inserting ``shall'' before ``prescribe''; and (II) by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following new paragraph: ``(3) may permit the State authority to-- ``(i) require inspections and tests of pipeline facilities that are in addition to Federal requirements under this chapter; ``(ii) enforce Federal minimum safety standards under this chapter; ``(iii) require, by regulation, the owner or operator of a pipeline facility in the State to certify to the State that its safety procedure and accident response plans comply with the safety requirements prescribed under this chapter; and ``(iv) regulate activities related to the safety of pipeline facilities if such regulation-- ``(I) would enhance the safety of those facilities; and ``(II) would not include safety standards less stringent than are otherwise imposed under this chapter.''; (B) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; (C) by inserting after subsection (a) the following new subsection (b): ``(b) Approval of Agreements.--(1) The Secretary shall approve an agreement submitted by a State authority under subsection (a) not later than 90 days after the date of its submittal under that subsection. ``(2) The Secretary may not approve an agreement submitted under subsection (a) if the Secretary determines that the agreement would unduly burden interstate commerce or that the State authority lacks the resources or expertise necessary to carry out the agreement.''; and (D) by amending subsection (e), as so redesignated, to read as follows: ``(e) Ending Agreements.--(1) Subject to paragraphs (2) and (3), the Secretary may end an agreement under this section if the Secretary finds that the State authority concerned has not complied with the agreement. ``(2) The Secretary may end an agreement under paragraph (1) only-- ``(A) after notifying the State authority in writing of the finding of the Secretary under that paragraph; ``(B) after affording the State authority an opportunity to take action with a period of time (not to exceed 90 days) specified by the Secretary to comply with the agreement; and ``(C) after a public hearing. ``(3) The Secretary shall, after complying with paragraph (2), publish in the Federal Register a notice of a finding and decision under this subsection. The finding and decision shall not take effect until at least 15 days after the date of its publication under the preceding sentence.''. (2) Sense of congress.--It is the sense of Congress that the Secretary of Transportation should aggressively pursue entry into pipeline safety agreements with States under section 60106 of title 49, United States Code, as amended by paragraph (1). (e) State Pipeline Safety Grants.--Paragraph (1) of section 60107(a) is amended to read as follows: ``(1) to carry out a safety program under a certification under section 60105 or an agreement under section 60106, and to carry out any other any other authority permitted a State under this chapter; or''. (f) State Role in Accident Response and Prevention.--Congress recognizes that each State has a role in-- (1) the determination of equipment needs for responses to accidents involving a pipeline facility; (2) the development of training curriculum for police, fire, and emergency medical personnel within the State; (3) the development of prevention planning and preparedness for spills within the State; and (4) in areas where their partnership and their understanding of local conditions and circumstances would enhance safety. SEC. 4. PUBLIC RIGHT TO KNOW. Section 60102(c) is amended by adding at the end the following new paragraph: ``(5) Public right to know.-- ``(A) The Secretary shall include in the standards prescribed under subsection (a) a requirement that the owner or operator of each interstate pipeline facility notify the entities and individuals described in subparagraph (B) of any inspection or testing of a pipeline facility, any rupture in the pipeline facility, and any release of a hazardous liquid or gas described in subparagraph (C) from such facility and provide a summary of any data obtained from such inspection, testing, rupture, or release to those entities and individuals. ``(B) The entities and individuals referred to in subparagraph (A) are-- ``(i) appropriate Federal and State regulatory authorities; and ``(ii) municipalities, school districts, businesses, and residents likely to be impacted by an accident involving the pipeline facility that was inspected or tested or with respect to which a rupture of a pipeline facility or release of a hazardous liquid or gas was found. ``(C) A release of a hazardous liquid or gas described in subparagraph (A) is a release involving-- ``(i) any spill in excess of 40 liquid gallons; or ``(ii) any spill of more than 30 days duration.''. SEC. 5. NEW FEDERAL REQUIREMENTS. Section 60108(b) is amended-- (1) in paragraph (1), by striking the second sentence; and (2) by amending paragraph (2) to read as follows: ``(2)(A) Not later than December 1, 2000, the Secretary shall require that-- ``(i) inspections under paragraph (1) of the internal condition of a pipeline facility where the pipe is capable of accommodating internal inspection devices, shall occur at least once every 5 years; and ``(ii) effective with a determination by the Secretary that the appropriate technology for inspections is sufficiently reliable, inspections under paragraph (1) of the external condition of a pipeline facility shall occur at least once every 5 years. ``(B) The Secretary shall-- ``(i) notify the Federal and State authorities having responsibility for the regulation of the inspected pipeline facility and those municipalities, school districts, businesses, and residents reasonably likely to be impacted by an accident involving the inspected pipeline facility of the results of the inspections conducted under subparagraph (A); and ``(ii) make available to the public the information notified under clause (i). ``(C) The Secretary shall take steps to remedy any problem in a pipeline facility and may require additional testing of the pipeline facility.''. SEC. 6. ENHANCED QUALIFICATIONS OF PIPELINE OPERATORS. Section 60102(a)(1)(C) is amended to read as follows: ``(C) shall include a requirement that all individuals responsible for the operation and maintenance of pipeline facilities be tested for qualification to perform such functions and certified as qualified by the Secretary to perform such functions, and may include a requirement that those individuals obtain additional education and training to qualify to perform such functions.''. SEC. 7. STUDY AND REPORT. (a) Study.--The Secretary of Transportation shall conduct a study on-- (1) the status of the reliability and accuracy of internal and external inspection devices for pipeline facilities; (2) a determination of the optimal minimum burial depth of such pipeline facilities; (3) the feasibility of requiring failsafe mechanisms that are nonelectronic and that do not rely on any human or administrative process; (4) the effectiveness of current failsafe mechanisms; and (5) the practicality of removing distinctions between natural gas and liquid pipelines and equalizing priorities between natural gas and liquid pipelines. (b) Report.--Not later than one year after the date of enactment of this Act, the Secretary of Transportation shall submit a report to Congress setting forth the results of the study conducted under subsection (a). (c) Failsafe Mechanism Defined.--For purposes of subsection (a), the term ``failsafe mechanism'', in the case of a pipeline, means a nonelectronic or mechanically based system that prevents the pipeline from exceeding its maximum operating pressure in the event of a failure of the primary or electronic system designed for such purpose. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Gas and Hazardous Liquids.--Section 60125(a) is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(6) $50,000,000 for fiscal year 2001, of which at least $4,000,000 should be available only for research and development of inspection devices and leak detection; ``(7) $62,000,000 for fiscal year 2002, of which at least $5,000,000 should be available only for research and development of inspection devices and leak detection; ``(8) $64,000,000 for fiscal year 2003, of which at least $5,000,000 should be available only for research and development of inspection devices and leak detection; ``(9) $66,000,000 for fiscal year 2004, of which at least $6,000,000 should be available only for research and development of inspection devices and leak detection; and ``(10) $68,000,000 for fiscal year 2005, of which at least $6,000,000 should be available only for research and development of inspection devices and leak detection.''. (b) State Grants.--Section 60125(c)(1) is amended by adding at the end the following new subparagraphs: ``(I) $31,000,000 for the fiscal year 2001; ``(J) $37,000,000 for the fiscal year 2002; ``(K) $38,000,000 for the fiscal year 2003; ``(L) $39,000,000 for the fiscal year 2004; and ``(M) $40,000,000 for the fiscal year 2005.''.

(Sec. 3) Provides that State pipeline safety agreements may permit the State authority to: (1) require inspections and tests of pipeline facilities in addition to Federal pipeline safety requirements; (2) enforce those Federal requirements; (3) require, by regulation, the owner or operator of a pipeline facility to certify to the State that its safety procedure and accident response plans comply with such Federal requirements; and (4) regulate activities related to the safety of pipeline facilities provided certain conditions are met. Requires the Secretary of Transportation to approve an agreement submitted by a State authority not later than 90 days after its submission. Prohibits the Secretary from approving an agreement that would unduly burden interstate commerce or if the State authority lacks the resources or expertise necessary to carry out the agreement. Authorizes the Secretary, subject to specified conditions, to end an agreement if it is found that the State authority has not complied with the agreement. Expresses the sense of Congress that the Secretary should aggressively pursue entry into pipeline safety agreements with States. Recognizes the State role in specified activities related to accident response and prevention. (Sec. 4) Directs the Secretary to include in Federal minimum safety standards for pipeline facilities a requirement that owners or operators of interstate pipeline facilities notify appropriate Federal, State, and local entities and individuals likely to be impacted by an accident of any inspection, testing, or rupture of a pipeline facility, or any release of a hazardous liquid or gas from such facility, including any related information. (Sec. 5) Directs the Secretary, not later than December 1, 2000, to set forth new Federal standards requiring the inspection of the internal and external condition of a pipeline facility at least once every five years. Requires the Secretary to notify those entities and individuals likely to be impacted by an accident involving an inspected pipeline facility of the results of such inspection. (Sec. 6) Revises Federal minimum safety standards for pipeline facilities to require pipeline operators to be: (1) tested for qualification to perform enumerated functions related to the installation, testing, and maintenance of a pipeline; and (2) certified as qualified by the Secretary of Transportation to perform such functions. Allows such standards to include a requirement that such individuals obtain additional education and training to qualify to perform such functions. (Sec. 7) Directs the Secretary to study and report to Congress on the inspection and placement of pipeline facilities. (Sec. 8) Authorizes appropriations for: (1) research and development of inspection devices and leak detection for pipeline facilities; and (2) State pipeline safety grants.

Pipeline Safety Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Reprocessed Medical Devices Act of 2002''. SEC. 2. PURPOSE. The purpose of this Act is to-- (1) increase the safety and medical devices labeled as single-use devices that are reprocessed for additional use; (2) provide health professionals with more accurate information on the medical devices that they are using; and (3) provide the Food and Drug Administration with more accurate information on adverse events that may be caused by device failure. SEC. 3. DEVICE REPROCESSING AND REUSE. (a) In General.--Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the following: ``(u)(1) The reprocessing for reuse of a device (including the manufacture or repeated manufacture of a previously used device) that is intended for use on a single patient, unless such reprocessed device-- ``(A)(i) is subject to an order under section 515 approving the reprocessed device as safe and effective for the number of intended uses by the reprocessor as set forth in its submission, or ``(ii) is subject to an order determining that the reprocessed device is substantially equivalent under subsections (f) and (i) of section 513 to a legally marketed device, specifically taking into account the number of uses specified in the label of the reprocessed device; ``(B) is labeled with the number of times the device has been reprocessed; ``(C) prominently and conspicuously bears the name of the reprocessor and the original manufacturer of the device, a generally recognized abbreviation of such names, or a unique and generally recognized symbol identifying such manufacturers, except that the Secretary may waive any requirement under this subparagraph with respect to a device if the Secretary determines that compliance with the requirement is not feasible or would compromise the provision of reasonable assurance of the safety or effectiveness of the device; and ``(D) prominently and conspicuously bears on its label the following statement: `Reprocessed device for single use reprocessed by ________________' (the name of the reprocessor shall be placed in the blank space to identify the person responsible for reprocessing). ``(2)(A) Not later than 60 days after the date of enactment of this subsection, the Secretary shall review each reprocessed device that is exempt on such date from the requirement to submit a report under section 510(k) and shall-- ``(i) in the case of an exempt class I reprocessed device, determine whether the device is intended for a use which is of substantial importance in preventing impairment of human health or presents a potential unreasonable risk of illness or injury, including a review of the risks presented by reprocessing the device; and ``(ii) in the case of an exempt class II reprocessed device, determine whether such a report is necessary to assure the safety and effectiveness of the devices, including a review of the risks presented by reprocessing the device. The Secretary shall solicit public comment during such 60 day period concerning whether each device should remain exempt. ``(B) Based on the finding of the review conducted under subparagraph (A) the Secretary shall, not later than 120 days after such date of enactment, publish in the Federal Register a list of the reprocessed devices that are no longer exempt from submission of a report under section 510(k). The reprocessor of any such device will be required to make a submission under section 510(k) not later than 120 days after the publication by the Secretary of such list in the Federal Register. ``(C) During such 120-day period, the Secretary may not determine that the device is misbranded under subsection (o) or adulterated under section 501(f)(1)(B) on the basis that such report has not been submitted to the Secretary. After the submission of the report to the Secretary, the Secretary may not determine that the device is misbranded under subsection (o) or adulterated under section 501(f)(1)(B) until the Secretary determines the classification of the device under section 513 or the Secretary determines that the submission was insufficient to make a classification. ``(D) Subsection (o) applies with respect to a failure to submit a report under subsection (k) that is required pursuant to subparagraph (A), including a failure of the report to include validation data required in such subparagraph. ``(E) The termination under subparagraph (A) of an exemption under subsection (l) or (m) for a reprocessed device does not terminate the exemption under subsection (l) or (m) for the original device. ``(v) The introduction or delivery for introduction into interstate commerce of a device which was previously used in a patient and labeled in a manner that represents directly or indirectly that the device is new or unused.''. (b) Exemptions.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended-- (1) in subsection (l), by adding at the end the following: ``The Secretary, in determining whether an exemption under this subsection applies, shall consider whether such an exemption would also apply to such a device when reprocessed with consideration given to whether additional risks, if any, from reprocessing should preclude such an exemption.''; and (2) in subsection (m), by adding at the end the following: ``(3) The Secretary in determining whether an exemption under this subsection applies shall consider whether such an exemption would also apply to such a device when reprocessed with consideration given to whether additional risks, if any, from reprocessing should preclude such an exemption.''. (c) Premarket Notification.--Section 510 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 360) is amended by adding at the end the following: ``(o) With respect to reprocessed single-use devices for which reports are required under subsection (k): ``(1)(A) The Secretary shall identify such devices or types of devices for which reports under such subsection must, in order to ensure that the device is substantially equivalent to a predicate device, include validation data, the types of which shall be specified by the Secretary, regarding cleaning and sterilization, and functional performance demonstrating that the single-use device will remain substantially equivalent to its predicate device, after the maximum number of times the device is reprocessed as intended by the person submitting the premarket notification. ``(B) Not later than 60 days after the date of enactment of this subsection, the Secretary shall publish in the Federal Register a list of the device types identified under subparagraph (A), and shall revise the list as appropriate. ``(C) Reports under subsection (k) for devices or types of devices within a type included on the list under subparagraph (B) are, upon publication of the list, required to include such validation data. ``(2)(A) In the case of each report under subsection (k) that was submitted to the Secretary prior to the publication of the initial list under paragraph (1), or any revision thereof, and that was for a device or type of device included on such list, the person who submitted the report under subsection (k) shall submit validation data as described in paragraph (1) to the Secretary not later than 9 months after the publication of the list under paragraph (1)(B). ``(B) During the 9-month period described in subparagraph (A), the Secretary may not take any action under this Act against a device solely on the basis that the validation data for the device has not been submitted to the Secretary. ``(C) After the submission of the validation data to the Secretary, the Secretary may not determine that the device is misbranded under section 502(o) adulterated under section 501(f)(1)(B), or take action against the device under section 301(p) for failure to provide any information required by subsection (k) until-- ``(i) the review is terminated by withdrawal of the submission of the report under subsection (k); ``(ii) the Secretary finds the data to be acceptable and issues a letter; or ``(iii) the Secretary determines that the device is not substantially equivalent to a predicate device. Upon a determination that a device is not substantially equivalent to a predicate device under clause (iii), the device may no longer be legally marketed. ``(3) In the case of a report under subsection (k) for a device identified under paragraph (1) that is of a type for which the Secretary has not previously received a report under such subsection, the Secretary may, in advance of revising the list under paragraph (1) to include such type, require that the report include the validation data specified in paragraph (1). ``(4) Section 502(o) applies with respect to the failure of a report under subsection (k) to include validation data required under paragraph (1).''. (d) Definitions.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ll) The term `single-use device' means a disposable device that is intended for one use or use on a single patient in a single procedure. ``(mm)(1) The term `reprocessed', with respect to a single-use device, means an original device that was used as intended and then subsequently was subject to additional processing and manufacturing for the purpose of an additional single use on a patient. The subsequent processing and manufacture of a reprocessed single use device shall result in a device that is reprocessed within the meaning of this definition. ``(2) A single-use device that meets the definition under paragraph (1) shall be considered a reprocessed device without regard to any description of the device used by the manufacturer of the device or other persons, including a description that uses the term `recycled' rather than the term `reprocessed'. ``(nn) The term `original device' means a new, unused single use device.''. SEC. 4. MEDWATCH. Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall modify the MEDWATCH voluntary and mandatory forms to facilitate the reporting of information by user facilities or distributors as appropriate relating to reprocessed devices, including the name of the reprocessor and whether the device has been reused.

Safe Reprocessed Medical Devices Act of 2002 - Classifies as misbranded a device that is reprocessed and intended for use on a single patient, unless such product meets certain requirements, including that it: (1) is labeled with the number of times it has been reprocessed; and (2) prominently and conspicuously bears an identification of the reprocessor and the original manufacturer. Allows the Secretary to waive the latter requirement.Directs the Secretary of Health and Human Services to review, according to specified criteria, a Class I or Class II reprocessed device whose producer is exempt from having to report preceding the device's introduction into state commerce. Requires the Secretary to publish in the Federal Register a list of such devices that are no longer exempt.Declares that the termination of an exemption from reporting requirements for a reprocessed device shall not terminate the exemption for the original device.Directs the Secretary to perform specified duties with respect to those reprocessed single-use devices that require reports, including to require validation data. Prohibits the Secretary from determining that such a device is misbranded or adulterated or from taking action against the device for a failure to provide certain required information unless one of specified conditions are met, including that the device is not substantially equivalent to a predicate device. Prohibits marketing the device if it is not substantially equivalent.

A bill to amend the Federal Food, Drug, and Cosmetic Act to add requirements regarding device reprocessing and reuse.

SECTION 1. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS ASSOCIATION, INCORPORATED. (a) Grant of Charter.--Part B of subtitle II of title 36, United States Code, is amended-- (1) by striking the following: ``CHAPTER 1201--[RESERVED]''; and (2) by inserting after chapter 1103 the following new chapter: ``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED ``Sec. ``120101. Organization. ``120102. Purposes. ``120103. Membership. ``120104. Governing body. ``120105. Powers. ``120106. Restrictions. ``120107. Tax-exempt status required as condition of charter. ``120108. Records and inspection. ``120109. Service of process. ``120110. Liability for acts of officers and agents. ``120111. Annual report. ``120112. Definition. ``Sec. 120101. Organization ``(a) Federal Charter.--Korean War Veterans Association, Incorporated (in this chapter, the `corporation'), a nonprofit corporation organized under the laws of the State of New York, is a federally chartered corporation. ``(b) Expiration of Charter.--If the corporation does not comply with the provisions of this chapter, the charter granted by subsection (a) expires. ``Sec. 120102. Purposes ``The purposes of the corporation are those provided in its articles of incorporation and shall include the following: ``(1) Organizing, promoting, and maintaining for benevolent and charitable purposes an association of persons who have seen honorable service in the Armed Forces during the Korean War, and of certain other persons. ``(2) Providing a means of contact and communication among members of the corporation. ``(3) Promoting the establishment of, and establishing, war and other memorials commemorative of persons who served in the Armed Forces during the Korean War. ``(4) Aiding needy members of the corporation, their wives and children, and the widows and children of persons who were members of the corporation at the time of their death. ``Sec. 120103. Membership ``Eligibility for membership in the corporation, and the rights and privileges of members of the corporation, are as provided in the bylaws of the corporation. ``Sec. 120104. Governing body ``(a) Board of Directors.--The composition of the board of directors of the corporation, and the responsibilities of the board, are as provided in the articles of incorporation of the corporation. ``(b) Officers.--The positions of officers of the corporation, and the election of the officers, are as provided in the articles of incorporation. ``Sec. 120105. Powers ``The corporation has only those powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. ``Sec. 120106. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Political Activities.--The corporation, or a director or officer of the corporation as such, may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation. ``(c) Loan.--The corporation may not make a loan to a director, officer, or employee of the corporation. ``(d) Claim of Governmental Approval or Authority.--The corporation may not claim congressional approval, or the authority of the United States, for any of its activities. ``(e) Corporate Status.--The corporation shall maintain its status as a corporation incorporated under the laws of the State of New York. ``Sec. 120107. Tax-exempt status required as condition of charter ``If the corporation fails to maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986, the charter granted under this chapter shall terminate. ``Sec. 120108. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete records of account; ``(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and ``(3) at its principal office, a record of the names and addresses of its members entitled to vote on matters relating to the corporation. ``(b) Inspection.--A member entitled to vote on matters relating to the corporation, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time. ``Sec. 120109. Service of process ``The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent is notice to or service on the Corporation. ``Sec. 120110. Liability for acts of officers and agents ``The corporation is liable for the acts of its officers and agents acting within the scope of their authority. ``Sec. 120111. Annual report ``The corporation shall submit to Congress an annual report on the activities of the corporation during the preceding fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document. ``Sec. 120112. Definition ``For purposes of this chapter, the term `State' includes the District of Columbia and the territories and possessions of the United States.''. (b) Clerical Amendment.--The item relating to chapter 1201 in the table of chapters at the beginning of subtitle II of title 36, United States Code, is amended to read as follows: ``1201. Korean War Veterans Association, Incorporated....... 120101''.

Grants a Federal charter to the Korean War Veterans Association, Incorporated (a nonprofit corporation incorporated under the laws of New York).

To grant a Federal charter to Korean War Veterans Association, Incorporated.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Mississippi River Protection and Restoration Act of 2004''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Secretary defined definition. Sec. 4. Environmental management program. Sec. 5. Upper Mississippi River trust fund. Sec. 6. System maintenance. Sec. 7. Lower Mississippi River resource assessment. Sec. 8. Flood mitigation. Sec. 9. Hazard mitigation. Sec. 10. Gulf hypoxia research, coordination, and monitoring. Sec. 11. Wetland restoration demonstration projects. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The Mississippi River is a nationally-significant social, cultural, economic, and environmental resource. (2) Millions of jobs depend upon the economic and environmental health of the Mississippi River. (3) The Mississippi River is slowly losing wildlife habitats that support hundreds of wildlife species. (4) Hundreds of communities are reconnecting to the Mississippi River. (5) Direct discharges and runoff into the Mississippi River are contributing to local and regional water quality problems. (b) Purposes.--The purposes of this Act are the following: (1) To protect and restore the Mississippi River. (2) To protect and increase the number of jobs which depend upon the health of the Mississippi River. (3) To help communities reconnect to the Mississippi River. (4) To protect and restore habitat. (5) To use science to aid habitat restoration and water quality enhancement efforts. SEC. 3. SECRETARY DEFINED. In this Act, the term ``Secretary'' means the Secretary of the Army. SEC. 4. ENVIRONMENTAL MANAGEMENT PROGRAM. (a) Maintenance.--Section 1103(d)(3) of such Act is amended by inserting at the end the following: ``and the maintenance of completed projects on Federal lands.''. (b) Ranking System.--Section 1103(e)(1) of such Act is amended-- (1) in subparagraph (B) by striking ``technical'' and inserting ``science''; (2) at the end of subparagraph (B) by inserting the following: ``The advisory committee shall include scientists, hydrologists, and engineers and shall review and provide public comment on project criteria, selection, and sequencing.''; and (3) by adding at the end the following: ``(C) Project rankings.--The Secretary shall, in consultation with the Independent Technical Advisory Committee and the National Academy of Sciences, develop a system to rank proposed projects. The ranking system shall give greater weight to projects that restore natural river processes, including dam reforms, levee modification and removal, and training structure modification and removal.''. (c) Funding Levels.--Section 1103(e) of the Water Resources Development Act of 1986 (33 U.S.C. 652(e)) is amended as follows: (1) In paragraph (3)-- (A) by striking ``$22,750,000'' and inserting ``$80,000,000''; (B) by inserting at the end the following: ``For the purposes of carrying out paragraph (1)(A) of this subsection, there is authorized to be appropriated to the Secretary $35,000,000 per fiscal year, to purchase floodplain land from willing sellers.''; and (C) by striking ``thereafter'' and inserting ``until the Trust Fund created in section 5 of the Mississippi River Protection Act of 2004 reaches $2,500,000,000''. (2) In paragraph (4), by striking ``$10,420,000'' and inserting ``$20,000,000''. (3) By striking paragraph (7)(A) and inserting the following: ``(7)(A) The costs of each project carried out pursuant to paragraph (1)(A), including the costs of land acquisition, shall be a Federal responsibility. A non-Federal sponsor shall share 35 percent of the cost of projects constructed on private land.''. (d) Recreational Projects.--Section 1103(f)(2) of such Act is amended-- (1) by striking ``$500,000'' and inserting ``$10,000,000''; (2) by adding at the end the following: ``The Secretary may share the cost of riverfront projects, including trails, parks, interpretive sites, and greenways.''; and (3) by striking ``thereafter'' and inserting ``until the trust fund created in section 5 of the Mississippi River Protection and Restoration Act of 2004 reaches $2,500,000,000''. (e) Reservation.--Section 1103 of such Act is amended by adding at the end the following: ``(k) Funding.--One-half of the funds annually appropriated to operate and maintain the Upper Mississippi River and Illinois Waterway under section 102 of the Water Resources Development Act of 1986 shall be reserved to carry out subsections (e), (f), and (h) of section 1103 of such Act.''. SEC. 5. UPPER MISSISSIPPI RIVER TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Upper Mississippi River Trust Fund'' (referred to in this section as the ``Fund''). (b) Federal Funding.--Until the aggregate amount deposited in the Fund under this subsection is equal to at least $2,500,000,000, the Secretary of the Treasury shall transfer $100,000,000 from the general treasury to the Fund for fiscal year 2005 and each fiscal year thereafter. (c) Non-Federal Funding.--Non-federal funding may also be contributed to the Fund established in subsection (a). (d) Creation of a Non-Profit Corporation.-- (1) In general.--There is established a charitable and non- profit corporation to administer the funds provided by this section, and to encourage, accept, and administer private gifts for the purpose of protecting and restoring the natural resources of the Upper Mississippi River and its floodplain. (2) Members of board of trustees.--The Board of Trustees shall be made up of 11 members appointed by the President and shall include: (A) One representative from each of the States of Minnesota, Wisconsin, Illinois, Iowa, and Missouri. (B) Six representatives of non profit organizations dedicated to the protection and restoration of the environment or other persons who have demonstrated commitment to the environmental health and expertise related to the Upper Mississippi River. (C) The chairman shall be elected by the trustees from its members for a 1-year term. (D) A majority of the current membership of the Trustees shall constitute a quorum for the transaction of business. (E) One ex-officio representative of the U.S. Fish and Wildlife Service. (F) One ex-officio representative of the U.S. Army Corps of Engineers. (G) One ex-officio representative of the U.S. Environmental Protection Agency. (H) One ex-officio representative of the Natural Resources Conservation Service of the U.S. Department of Agriculture. (3) Term.--A member of the Board of Trustees shall serve a 5 year, nonrenewable term. (4) General powers.--The Board of Trustees shall meet semi- annually to-- (A) allocate the funds annually provided by subparagraph (f); (B) solicit, accept, and use any gift or real or personal property or any income or interest therefrom; (C) acquire by purchase or exchange any real or personal property or interest therein; (D) enter into contracts as may be necessary to carry out its functions; and (E) appoint officers and employees, adopt bylaws, and undertake other such acts as may be necessary to carry out the provisions of this section. (e) Investments.-- (1) In general.--The Secretary of the Treasury shall invest the amounts deposited under subsections (b) and (c) only in interest bearing obligations of the United States or in obligations guaranteed by the United States as to both principal and interest. (2) Interest rate.--The Secretary of the Treasury shall invest the amounts in the fund in obligation that carry the highest rate of interest among available obligations of the required maturity. (f) Payments.--All amounts annually credited as interest under subsection (e) shall be available, without fiscal year limitation, to the trust established under subsection (d) after the Fund has been fully capitalized. (g) Use of Funds.--The trust established in subsection (d) may use funds transferred under subsection (f) for the following: (1) Aquatic habitat restoration. (2) Floodplain habitat restoration, including the acquisition of land in fee title from willing sellers. (3) Not less than 5 percent of the funds generated under subsection (f) shall be used to revitalize riverfronts. (4) Such sums as are necessary to administer the Fund, including professional staff and the reimbursement of the expenses of Trustees. (h) Science Advisory Board.--The Science Advisory Board established by section 509(a) of the Water Resources Development Act of 1999 shall annually review and comment on the projects proposed by the Board of Trustees. (i) Consistency.--Nothing in this section shall confer any new regulatory authority on any Federal or non-Federal entity, and the funds used pursuant to subsection (g) shall be subject to all applicable laws and regulations. SEC. 6. SYSTEM MAINTENANCE. (a) In General.--The Secretary shall use the funds provided by section 102 of Public Law 99-662 (33 U.S.C. 2212) to conduct maintenance activities consistent with the needs of the environment, including the following: (1) Water level management. (2) Gate adjustments. (3) Wingdam/dike field modifications. (4) Spillway modifications. (5) Abandoned barge removal. (6) Mooring buoys. (7) Forestry management. (8) Systemic fleeting plan. (9) Fish passage. (10) Other measures that the Secretary determines will reduce the impacts of waterway management and barge movements on aquatic and floodplain habitat. (b) Water Level Management.--Section 102 of Public Law 99-662 (33 U.S.C. 2212) is amended by inserting the following: ``The Secretary shall provide 100 percent of the cost of dredging required to manage water levels to improve the environment.''. (c) Dredged Material Placement.--Section 204 of Public Law 102-580 is amended by inserting the following: ``The Secretary shall develop and implement at full Federal expense a plan to dispose or reuse dredged material from the Upper Mississippi River to eliminate all harmful impacts on floodplain and aquatic habitat.''. (d) Water Level Management Study.--Not later than 6 months after the date of enactment of this Act, the Secretary shall assess the opportunities for water level management that benefits fish and wildlife consistent with commercial navigation. SEC. 7. LOWER MISSISSIPPI RIVER RESOURCE ASSESSMENT. Section 402 of the Water Resources Development Act of 2000 (114 Stat. 2633) is amended-- (1) by striking subsection (b) and (c) and inserting the following: ``(b) Assessments.--Not later than June 30, 2004, the Secretary shall submit the assessments described in subsection (a) to the appropriate committees of Congress, including planning, construction, and enhancement measures needed to meet habitat needs. ``(c) Demonstration Projects.--To assist in the assessment, the Secretary may implement the following demonstration projects at Federal expense prior to the completion of the report under subsection (b).'' (2) by striking subsection (e) and inserting the following: ``(e) Authorization of Appropriations.--There is authorized to be appropriated-- ``(1) $2,000,000 for the assessment described in subsection (b); and ``(2) $15,000,000 for the demonstration projects described in subsection (c).''. SEC. 8. FLOOD MITIGATION. (a) Section 212(i)(1) of the Water Resources Development Act of 1999 (33 U.S.C. 2332(i)(1); 113 Stat. 291) is amended to read as follows: ``(1) In general.--There is authorized to be appropriated $100,000,000 to carry out this section for fiscal years 2005 through 2014.''. SEC. 9. HAZARD MITIGATION. (a) Increased Federal Share.--Section 322(e)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165(e)(1)) is amended by striking ``20 percent'' and inserting ``30 percent.''. (b) Limitation on Total Amount of Federal Contributions.--Section 404(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended by striking ``15 percent of the estimated aggregate amount of grants to be made (less any associated administrative costs)'' and inserting ``25 percent of the estimated aggregate amount of grants to be made''. SEC. 10. GULF HYPOXIA RESEARCH, COORDINATION, AND MONITORING. (a) Establishment.--To implement the recommendations of the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, the Secretary shall establish at the Waterways Experiment Station in Vicksburg, Mississippi, a program to coordinate monitoring and research in the Mississippi River basin. (b) Monitoring Coordination.--The Secretary shall administer and coordinate programs to identify the sources of nutrients in the Gulf of Mexico, including the programs authorized by sections 16 and 17 of this title and the program authorized by section 304 of the Water Resources Development Act of 2000 and other programs authorized to monitor sediment and nutrient loadings into the Mississippi River. (c) Research Coordination.--The Secretary, in collaboration with the Secretary of Commerce, shall administer and coordinate research efforts. (d) Sub-Basin Nutrient Monitoring and Modeling.--Pursuant to section 403 of the Water Resources Development Act of 2000, the Secretary shall develop sediment and nutrient studies for the following sub-basins of the Mississippi River basin: (1) Missouri River basin. (2) Ohio River basin. (3) Tennessee River basin. (4) Arkansas River basin. (5) Lower Mississippi River basin. (e) Sub-Basin Collaboration.--The Secretary shall establish and coordinate sub-basin commissions in each of the following sub-basins to develop and implement long-term nutrient reduction strategies: (1) Missouri River basin. (2) Upper Mississippi River basin. (3) Ohio River basin. (4) Tennessee River basin. (5) Arkansas River basin. (6) Lower Mississippi River basin. (f) Authorization of Appropriations.--There are authorized to be appropriated $250,000,000 for each of fiscal years 2003 through 2012 to carry out this section. SEC. 11. WETLAND RESTORATION DEMONSTRATION PROJECTS. (a) Establishment.--The Secretary shall establish a consortium of universities from States throughout the Mississippi River Basin to demonstrate the full range of wetland values and functions, including floodplain wetlands in the Lower Mississippi River floodplain, to reduce nutrient loadings to the Gulf of Mexico and to sequester carbon. (b) Report.--The Secretary shall annually report on the success of demonstration projects undertaken pursuant to this section. (c) Authorization of Appropriations.--There are authorized to be appropriated $10,000,000 for each of the fiscal years 2004 through 2012 to carry out this section.

Mississippi River Protection and Restoration Act of 2004 - Amends the Upper Mississippi River Management Act of 1986 to: (1) allow interagency agreements under such Act between the Secretary of the Army (the Secretary) and the Secretary of the Interior to provide for maintenance of completed projects on Federal lands; (2) direct the Secretary to establish an independent science (currently, technical) advisory committee; (3) require such committee to include scientists, hydrologists, and engineers and to review and provide public comment on project criteria, selection, and sequencing; and (4) direct the Secretary to develop a system to rank proposed projects. Amends the Water Resources Development Act of 1986 to: (1) increase the authorization of appropriations; (2) make project costs a Federal responsibility; (3) require a non-Federal sponsor to share 35 percent of the cost of projects constructed on private land; and (4) authorize the Secretary to share the cost of riverfront projects. Establishes the Upper Mississippi Trust Fund and a charitable and nonprofit corporation to administer funds and gifts. Authorizes the use of Trust funds for aquatic and floodplain habitat restoration, riverfront revitalization, and administrative costs. Directs the Science Advisory Board to annually review projects proposed by the Board of Trustees. Directs the Secretary to establish: (1) at the Waterways Experiment Station in Vicksburg, Mississippi, a program to coordinate monitoring and research in the Mississippi River Basin; and (2) a consortium of universities to demonstrate the full range of wetland values and functions, to reduce nutrient loadings to the Gulf of Mexico, and to sequester carbon.

To revitalize the Mississippi River.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Market Drug Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Prescription drugs are increasingly expensive and unaffordable for the patients that need them. The Congressional Budget Office estimates that drug costs have risen at a 19.1 percent annual rate over the last eight years and projects that they will rise at a 10.1 percent rate annual over the next decade. Drug prices are far higher in the United States than in any other developed country because it is the only country that grants pharmaceutical companies a monopoly in the market, based on patent protection, without any corresponding restriction on prices. (2) New pharmaceuticals are decreasing in number and quality. In 2002, 17 new drugs classified as new compounds were approved by the Food and Drug Administration (``FDA''), down from 24 in 2001 and 27 in 2000. The vast majority of new drugs are not breakthrough cures, but rather copycat drugs. According to the FDA, more than 70 percent of new drugs approved in the last decade do not constitute qualitative improvements over existing treatments. (3) Pharmaceutical manufacturers have distorted the quality of drug research in many instances, such as with the drug Celebrex. Often due to the influence of the funding source, drug research has been shown to suffer from concealed and distorted findings, bias, conflicts of interest, and secrecy. SEC. 3. ESTABLISHMENT OF NATIONAL INSTITUTE FOR BIOMEDICAL RESEARCH AND DEVELOPMENT. Part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following subpart: ``Subpart 19--National Institute for Biomedical Research and Development ``purpose of the institute ``Sec. 464z-1. (a) In General.--The general purpose of the National Institute for Biomedical Research and Development (in this section referred to as the `Institute') is to provide in accordance with this section for the development of drugs, biological products, and devices, including through Federal laboratories under subsection (f), in a manner that will foster an increase in the number and medical efficacy of drugs, biological products, and devices on the market and will make the drugs, biological products, and devices available to the public at reasonable prices. ``(b) Identification of Candidate Discoveries.--The Director shall monitor the results of research conducted or supported by the National Institutes of Health, and by other appropriate public or private entities, in order to identify discoveries that, if subjected to appropriate research and development activities, may be suitable for the submission of applications for approval by the Food and Drug Administration as drugs, biological products, or devices for use in humans (referred to in this section as `candidate discoveries'). ``(c) Research and Other Activities Regarding Candidate Discoveries.-- ``(1) In general.--The Director of the Institute shall conduct and support research, training, the dissemination of information, and other programs toward identifying candidate discoveries and carrying out appropriate research and development activities regarding such discoveries. ``(2) Annual plan.--The Director of the Institute shall establish, and annually review and as appropriate revise, a plan for the development, testing, and manufacture of candidate discoveries through the Institute. ``(3) Awards regarding research and development.--Each award of financial assistance under paragraph (1) for research and development activities shall be an award of a cooperative agreement or a contract. ``(4) Priorities.--In allocating the resources of the Institute, the Director of the Institute shall establish priorities among candidate discoveries. ``(5) Internet site.--The Director of the Institute shall maintain an Internet site to make available to the public information on activities under this section, including activities carried out by the Director and activities carried out under cooperative agreements or contracts under paragraph (1). Information posted on such site shall be updated quarterly, or on such more frequent intervals as the Director determines to be appropriate. Such information shall include the following: ``(A) An identification of candidate discoveries that are receiving priority under paragraph (4). ``(B) All raw data developed under paragraph (1) in carrying out research and development activities. ``(C) Findings made in carrying out such activities. ``(d) Patents.-- ``(1) In general.--The Director may identify a discovery as a candidate discovery only if the Federal Government holds, or can reasonably be expected to obtain, a patent on the discovery. The Director may not transfer ownership of such patent to any non-Federal entity, notwithstanding any conflicting provision of chapter 18 of title 35, United States Code. ``(2) Citizens' suits for protection of federal ownership of patents.-- ``(A) In general.--Except as provided in subparagraph (C), any person may on his or her behalf commence a civil action in an appropriate district court of the United States against-- ``(i) any person in order to protect Federal ownership of patents on candidate discoveries; or ``(ii) the Secretary where there is alleged a failure of the Secretary to protect Federal ownership of such patents. ``(B) Relief.--In a civil action under subparagraph (A), the district court involved may, as the case may be-- ``(i) enforce the compliance of a person with provisions relating to Federal ownership of patents; or ``(ii) order the Secretary to perform an act or duty relating to such ownership. ``(C) Limitations.-- ``(i) Notice to secretary.--A civil action may not be commenced under subparagraph (A)(i) prior to 60 days after the plaintiff has provided to the Secretary notice of the violation involved. ``(ii) Relation to actions of secretary.--A civil action may not be commenced under subparagraph (A)(ii) if the Secretary has commenced and is diligently prosecuting a civil action in a district court of the United States to protect the Federal ownership of the patent involved. ``(D) Right of secretary to intervene.--In any civil action under subparagraph (A), the Secretary, if not a party, may intervene as a matter of right. ``(E) Award of costs; filing of bond.--In a civil action under subparagraph (A), the district court involved may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure. ``(F) Savings provision.--This paragraph does not restrict any right that a person (or class of persons) may have under any statute or common law to seek enforcement of provisions relating to Federal ownership of patents on candidate discoveries, or to seek any other relief (including relief against the Secretary). ``(e) Application for Approval by Food and Drug Administration.-- ``(1) In general.--Each application submitted to the Food and Drug Administration for the approval of a candidate discovery, or for authorization to engage in investigational uses of the discovery, shall be submitted by the Director of the Institute or by a private entity. In the case of a private entity, such application shall be submitted pursuant to-- ``(A) a cooperative agreement or contract between the Director of the Institute and the private entity; and ``(B) a nonexclusive license granted by the Director to the private entity for the commercial marketing of the discovery, notwithstanding any conflicting provision of chapter 18 of title 35, United States Code. ``(2) Institute as holder of approved application.--In the case of an application referred to in paragraph (1) that is submitted by the Director of the Institute and approved by the Food and Drug Administration, the Director, promptly after such approval, shall seek to provide to one or more appropriate private entities nonexclusive licenses for the commercial marketing of the candidate discovery involved, notwithstanding any conflicting provision of chapter 18 of title 35, United States Code. ``(f) Federal Laboratory System.-- ``(1) In general.--The Director of the Institute shall carry out this section directly and through Federal laboratories established by the Director in accordance with paragraph (2). ``(2) Certain requirements.--Subject to the extent of amounts made available in appropriations Acts, the Director shall establish 10 laboratories under paragraph (1). Each such laboratory shall be established within the National Institutes of Health, and shall be headed by an Associate Director, who shall be appointed by the Director of the Institute. With respect to the location of the laboratories, the laboratories shall be equitably distributed among the various regions of the United States. ``(3) Ten-year performance review.--Promptly after the expiration of the ten-year period beginning on the date on which a Federal laboratory under paragraph (2) becomes operational (as determined by the Director), and every ten years thereafter, the Director of the Institute shall provide for a comprehensive review of the performance of the laboratory. The Director may, for good cause found pursuant to such a review, terminate the laboratory. If the laboratory is terminated, the Director of the Institute shall transfer the duties of the laboratory, and the funds and other assets of the laboratory, to the remaining laboratories under paragraph (2), and shall transfer within the Institute the officers and employees of the laboratory, or otherwise provide for the disposition of such officers and employees in accordance with applicable law. ``(g) Rewards for Significant Advances.--The Director of the Institute shall establish a fund, consisting of amounts reserved under subsection (i)(2), from which the Director may provide cash awards to individuals or organizations that, in carrying out research and development activities under subsection (c), make significant advances in knowledge regarding a disease, disorder, or other health condition, including new treatments or diagnostic techniques. ``(h) Definitions.--For purposes of this section: ``(1) The term `biological product' has the meaning that applies under section 351. ``(2) The terms `drug' and `device' have the meanings given such terms under section 201 of the Federal Food, Drug, and Cosmetic Act. ``(i) Funding.-- ``(1) Authorization of appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $19,930,000,000 for fiscal year 2004, $20,400,000,000 for fiscal year 2005, $20,910,000,000 for fiscal year 2006, $21,430,000,000 for fiscal year 2007, and $21,970,000,000 for fiscal year 2008. ``(2) Rewards for significant advances.--Of the amounts appropriated under paragraph (1) for a fiscal year, the Director of the Institute shall reserve $50,000,000 for the fund under subsection (g).''.

Free Market Drug Act - Establishes the National Institute for Biomedical Research and Development to provide for the development of drugs, biological products, and devices to: (1) increase the number and medical efficacy of drugs, biological products, and devices on the market; and (2) make the drugs, biological products, and devices available to the public at reasonable prices. Requires the Director of the Institute to: (1) monitor the results of certain research to identify discoveries that, if subjected to appropriate research and development activities, may be suitable for approval by the Food and Drug Administration (FDA) as drugs, biological products, or devices for use in humans (candidate discoveries); (2) identify candidate discoveries and carry out appropriate research and development regarding such discoveries; (3) establish, review, and revise a plan for the development, testing, and manufacture of candidate discoveries through the Institute; (4) establish priorities among candidate discoveries; and (5)) maintain an Internet site to make available to the public information on activities under this Act. Allows the Director to identify a discovery as a candidate discovery only if the Federal Government holds, or can reasonably be expected to obtain, a patent on the discovery. Prohibits the Director from transferring ownership of such patent to any non-Federal entity. Allows civil suits to protect Federal ownership of patents. Requires the Director to: (1) grant non-exclusive licenses for the commercial marketing of FDA-approved candidate discoveries; (2) establish Federal laboratories to carry out this Act; and (3) establish a fund to provide cash awards for making significant advances in knowledge regarding a disease, disorder, or other health condition.

To establish the National Institute for Biomedical Research and Development.

SECTION 1. TAX ON CERTAIN COMPENSATION RECEIVED FROM CERTAIN COMPANIES RECEIVING BAILOUT FUNDS. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VIII--CERTAIN COMPENSATION RECEIVED FROM CERTAIN COMPANIES RECEIVING BAILOUT FUNDS ``Sec. 59C. Certain compensation received from certain companies receiving bailout funds. ``SEC. 59C. CERTAIN COMPENSATION RECEIVED FROM CERTAIN COMPANIES RECEIVING BAILOUT FUNDS. ``(a) In General.--In the case of any employee (or former employee) of a bailout recipient, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 70 percent of the amount of excess compensation received by the taxpayer during the taxable year from any relevant employer. ``(b) Excess Compensation.--For purposes of this section-- ``(1) In general.--The term `excess compensation' means the value of all property paid or transferred to the employee during the taxable year (including any loan that is not reasonably secured) which is in excess of $1,000,000. ``(2) Exceptions.--Such term shall not include any of the following: ``(A) Any amount returned by the employee to the employer within 60 days of receipt thereof or within 60 days of the enactment of this Act, whichever is later. Any amount returned under this subparagraph shall also be excluded from the definition of gross income. ``(B) To the extent explicitly allowed by any regulation adopted by the Secretary, shares of common stock of the employer (or any affiliate thereof) but only if the employee is required to hold such shares until the date on which the employer ceases to be a relevant employer. ``(C) Any amount received before the employer became a relevant employer or after the employer ceases to be a relevant employer, whether or not for services provided during the period when the employer was classified as a relevant employer, but this provision shall not apply if the payment is made out of assets which were held in trusts, or otherwise made unavailable to the claims of general creditors. ``(D) Any commission received by a commissioned sales person. For purposes of this subparagraph, a commission is an amount of compensation payable determinable solely by reference to the products sold by the commissioned sales person through direct interaction with purchasers. For purposes of this subparagraph, a commissioned sales person is a person who receives commissions, who spends the majority of their work time selling products directly to purchasers, and who is not one of the persons defined in Rule 16a1-(f) promulgated under the Securities Exchange Act of 1934. ``(3) Special rules for certain trusts.--In the event that a relevant employer puts funds for the benefit of an employee, or a class of employees, in a trust fund (other than a qualified deferred compensation plan) or other device, which fund is exempt from the claims of the relevant employer's general creditors, it shall be deemed paid to the employees for whom it is being held. ``(c) Relevant Employer.--For purposes of this section, the term `relevant employer' means any entity (including any subsidiary or affiliate of such entity) that has received, in the aggregate, more than $500,000,000 pursuant to title I of the Emergency Economic Stabilization Act of 2008 or pursuant to section 1117 of the Housing and Economic Recovery Act of 2008, regardless of whether such funds are received in return for any class of securities of the employer or any other asset. An employer ceases to be a relevant employer when it has fully repaid to the Federal Government all such funds. ``(d) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Part VIII--Certain Compensation Received From Certain Companies Receiving Bailout Funds''. (c) Effective Date.--The amendments made by this section shall apply to compensation received after December 31, 2007, in taxable years ending after such date.

Amends the Internal Revenue Code to impose a 70% tax on compensation in excess of $1 million received by an employee from an employer who has received, in the aggregate, economic assistance of more than $500 million under the Troubled Asset Relief Program (TARP) of the Emergency Economic Stabilization Act of 2008 or the Housing and Economic Recovery Act of 2008. Exempts employees who return such compensation to their employer or who receive such compensation as a commissioned sales person.

To amend the Internal Revenue Code of 1986 to impose a 70 percent tax on certain compensation received from certain companies receiving Federal bailout funds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``SSI Reform Act of 1993''. SEC. 2. INCREASE IN INCOME AND RESOURCE ELIGIBILITY STANDARDS AND BENEFITS; ELIMINATION OF CERTAIN RESOURCE EXCLUSIONS. (a) Increase in Income and Resource Eligibility Standards.-- (1) In general.--Section 1611 of the Social Security Act (42 U.S.C. 1382) is amended-- (A) in subsection (a)-- (i) in paragraph (1)(A)-- (I) by striking ``$1,752'' and inserting ``the adjusted poverty line''; and (II) by striking ``1974'' and inserting ``1994''; (ii) in paragraph (2)(A)-- (I) by striking ``$2,628'' and inserting ``150 percent of the adjusted poverty line''; and (II) by striking ``1974'' and inserting ``1994''; and (iii) in paragraph (3)-- (I) in subparagraph (A), by striking ``and to $3,000 on January 1, 1989'' and inserting ``to $3,000 on January 1, 1989, and to $10,500 on January 1, 1994''; and (II) in subparagraph (B), by striking ``and to $3,000 on January 1, 1989'' and inserting ``to $3,000 on January 1, 1989, and to $7,000 on January 1, 1994''; and (B) in subsection (b)-- (i) in paragraph (1)-- (I) by striking ``$1,752'' and inserting ``the adjusted poverty line''; and (II) by striking ``1974'' and inserting ``1994''; and (ii) in paragraph (2)-- (I) by striking ``$2,628'' and inserting ``150 percent of the adjusted poverty line''; and (II) by striking ``1974'' and inserting ``1994''. (2) Adjusted poverty line.--Subsection (a) of such section (42 U.S.C. 1382(a)) is amended by adding at the end the following: ``(4)(A) For purposes of this subsection and subsection (b), the term `adjusted poverty line' means, with respect to a family-- ``(i) 80 percent of the poverty line for calendar year 1994; ``(ii) 90 percent of the poverty line for calendar year 1995; ``(iii) 100 percent of the poverty line for calendar year 1996; ``(iv) 110 percent of the poverty line for calendar year 1997; and ``(v) 120 percent of the poverty line for calendar year 1998 and each calendar year thereafter. ``(B) As used in subparagraph (A), the term `poverty line' means, with respect to a family, the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved.''. (3) No reduction in benefits.--The amendments made by this subsection shall not apply to any individual or couple whose supplemental security income benefits under title XVI of the Social Security Act would be reduced by reason of such application. (b) Elimination of Certain Resource Exclusions.--Section 1613 of such Act (42 U.S.C. 1382b) is amended-- (1) in the 1st sentence of subsection (a)-- (A) in paragraph (2)-- (i) by striking ``(A)''; and (ii) by striking subparagraph (B); (B) in paragraph (4), by adding ``and'' at the end; (C) by striking all that follows paragraph (6); (D) in paragraph (6), by striking the semicolon and inserting a period; and (E) by striking paragraph (5) and redesignating paragraph (6) as paragraph (5); and (2) by striking subsection (d). SEC. 3. IN-KIND SUPPORT AND MAINTENANCE DISREGARDED IN DETERMINING INCOME. Section 1612(a)(2) of the Social Security Act (42 U.S.C. 1382a(a)(2)) is amended-- (1) by inserting ``(other than support or maintenance furnished in kind)'' after ``all other income''; (2) in subparagraph (A)-- (A) by striking ``or kind''; (B) by striking clause (i) and redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and (C) in clause (ii) (as so redesignated), by striking ``and the provisions of clause (i) shall not be applicable''. SEC. 4. WORK INCENTIVE. Section 1612(b)(4) of the Social Security Act (42 U.S.C. 1382a(b)(4)) is amended-- (1) by striking ``$780'' each place such term appears and inserting ``$2,400''; and (2) by striking ``one-half'' each place such term appears and inserting ``\2/3\''. SEC. 5. PHASED-IN EXPANSION OF ELIGIBILITY BY REASON OF AGE. (a) Age 64 for Calendar Year 1994.-- (1) In general.--Section 1614(a)(1)(A) of the Social Security Act (42 U.S.C. 1382c(a)(1)(A)) is amended by striking ``65'' and inserting ``64''. (2) Conforming amendments.-- (A) Section 1615(a)(1) of such Act (42 U.S.C. 1382d(a)(1)) is amended by striking ``65'' and inserting ``64''. (B) Section 1612(b)(4) of such Act (42 U.S.C. 1382a(b)) is amended by striking ``65'' each place such term appears and inserting ``64''. (3) Effective date.--The amendments made by this subsection shall take effect on January 1, 1994. (b) Age 63 for Calendar Year 1995.-- (1) In general.--Section 1614(a)(1)(A) of such Act (42 U.S.C. 1382c(a)(1)(A)), as amended by subsection (a)(1) of this section, is amended by striking ``64'' and inserting ``63''. (2) Conforming amendments.-- (A) Section 1615(a)(1) of such Act (42 U.S.C. 1382d(a)(1)), as amended by subsection (a)(2)(A) of this section, is amended by striking ``64'' and inserting ``63''. (B) Section 1612(b)(4) of such Act (42 U.S.C. 1382a(b)), as amended by subsection (a)(2)(B) of this section, is amended by striking ``64'' each place such term appears and inserting ``63''. (3) Effective date.--The amendments made by this subsection shall take effect on January 1, 1995. (c) Age 62 Thereafter.-- (1) In general.--Section 1614(a)(1)(A) of such Act (42 U.S.C. 1382c(a)(1)(A)), as amended by paragraph (2)(A) of this subsection, is amended by striking ``63'' and inserting ``62''. (2) Conforming amendments.-- (A) Section 1615(a)(1) of such Act (42 U.S.C. 1382d(a)(1)), as amended by subsections (a)(2)(A) and (b)(2)(A) of this section, is amended by striking ``63'' and inserting ``62''. (B) Section 1612(b)(4) of such Act (42 U.S.C. 1382a(b)), as amended by subsections (a)(2)(B) and (b)(2)(B) of this section, is amended by striking ``63'' each place such term appears and inserting ``62''. (3) Effective date.--The amendments made by this subsection shall take effect on January 1, 1996.

SSI Reform Act of 1993 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to: (1) increase the limit on the amount of income and resources needed to qualify for SSI; (2) increase the amount of SSI benefits payable; (3) eliminate certain resource exclusions and increase certain earned income exclusions; (4) disregard in-kind support and maintenance in determining income; and (5) phase-in an expansion of eligibility based on age.

SSI Reform Act of 1993

SECTION 1. ATTORNEY GENERAL'S STANDING COMMISSION ON SEMIAUTOMATIC ASSAULT WEAPONS. (a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Attorney General shall establish a Standing Commission on Semiautomatic Assault Weapons. (b) Membership.-- (1) In general.--The Commission shall be composed of 8 members, including: (A) The Assistant Attorney General for the Criminal Division of the Department of Justice. (B) The heads, or their designees, of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, and Firearms, and the Drug Enforcement Agency. (C) Two representatives of national citizen's organizations concerned with protecting the rights of the law-abiding public to keep and bear arms. (D) Two representatives of national citizen's organizations concerned with protecting the public safety and the needs of the Nation's law enforcement officers. (2) Terms.--The Commission members who are representatives of national citizen's organizations shall serve terms of 4 years, except that the terms of the members first appointed may be staggered to ensure that the terms of no more than 3 members expire in any 1 year. (3) Vacancies.--The Attorney General shall make an appointment to fill a vacancy on the Commission not later than 30 days from the date that the vacancy occurred. An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (c) Meetings.--The Commission shall meet at least twice annually, at the call of the Attorney General and at the request of at least 3 members, based on requests for such a meeting from the public or law enforcement entities. Each meeting of the Commission shall be open to the public. (d) Duties.--The Commission shall-- (1) on an ongoing basis based on input solicited from private citizens, national organizations, and law enforcement, make recommendations to the Attorney General for restricting the manufacture, sale, distribution, and possession of domestic-made semi-automatic assault weapons and large capacity ammunition feeding devices meeting the criteria set forth in subsection (e); (2) establish procedures for making the recommendations required in paragraph (1) and for identifying the nature and extent of the restrictions recommended; (3) conduct public hearings and meetings on recommendations proposed by private citizens, law enforcement, and the Commission; and (4) together with the recommendations required in paragraph (1), transmit to the Attorney General a report containing the Commission's findings and conclusions based on a review and analysis of information submitted to and collected by the Commission. (e) Attorney General's Duties.-- (1) Action based on recommendations.--Within 30 days of receipt by the Attorney General of any recommendations of the Commission, the Attorney General shall-- (A) reject the recommendations in whole of the Commission; or (B) accept the recommendations, in whole or in part, of the Commission and commence a public process, pursuant to the Administrative Procedure Act, for issuing regulations based on the Commission's recommendations. (2) Effect.--(A) If the Attorney General rejects the recommendations of the Commission pursuant to paragraph (1)(A), recommendations with respect to the semiautomatic assault weapons and large capacity ammunition feeding devices shall be deemed terminated for the year in which they were transmitted to the Attorney General. (B) If the Attorney General accepts the recommendations of the Commission pursuant to paragraph (1)(B), the Attorney General shall not be bound by the recommendations, but may, based on information received during public hearings and through notices published in the Federal Register pursuant to the Administrative Procedure Act-- (i) make changes in any of the recommendatins and impose such restrictions, as the Attorney General determines necessary; or (ii) publish notice in the Federal Register that no further action will be taken on the recommendations of the Commission. (3) Submission to congress.--Contemporaneous with publication of final regulations in the Federal Register, the Attorney General shall submit the recommendations of the Department of Justice, which comprise the final regulations, together with such regulations, to the appropriate committees of the Congress. (f) Effective Date of Regulations.--The effective date of regulations issued by the Attorney General pursuant to subsection (e) shall be 90 days after such regulations are published in the Federal Register and submitted, together with the recommendations of the Attorney General, to the appropriate committees of Congress. (g) Congressional Consideration of Commission Report.-- (1) In general.--Implementation of regulations submitted to the Congress under subsection (e) may be terminated only if a joint resolution (described in paragraph (2)) disapproving such regulations is enacted, in accordance with the provisions of paragraph (3), before the end of the 90-day period beginning on the date on which such final regulations were published in the Federal Register and the recommendations were submitted to the appropriate committees of Congress. For purposes of applying the preceding sentence and paragraphs (2) and (3), the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain shall be excluded in the computation of a period. (2) Terms of the resolution.--A joint resolution described in this paragraph means only a joint resolution which is introduced within the 10-day period beginning on the date on which the Attorney General submits recommendations and a copy of the regulations under subsection (e) and-- (A) which does not have a preamble; (B) the matter after the resolving clause of which is as follows: ``That Congress disapproves the recommendations of the Attorney General, as contained in the regulations published by the Attorney General in the Federal Register on ____________,'' the blank space being filled in with the appropriate date; and (C) the title of which is as follows: ``Joint resolution disapproving the recommendations of the Attorney General''. (3) Procedures for consideration of resolution of approval.--Subject to paragraph (4), the provisions of section 2908 (other than subsection (a)) of the Defense Base Closure and Realignment Act of 1990 shall apply to the consideration of a joint resolution described in paragraph (2) in the same manner as such provisions apply to a joint resolution described in section 2908(a) of such Act. (4) Special rules.--For purposes of applying paragraph (3) with respect to such provisions-- (A) any reference to the Committee on Armed Services of the House of Representatives shall be deemed a reference to an appropriate committee of the House of Representatives (specified by the Speaker of the House of Representatives at the time of submission of recommendations under subsection (e)) and any reference to the Committee on Armed Services of the Senate shall be deemed a reference to an appropriate committee of the Senate (specified by the Majority Leader of the Senate at the time of submission of recommendations under subsection (e)); and (B) any reference to the date on which the President transmits a report shall be deemed a reference to a date on which the Attorney General submits recommendations under subsection (e). (h) Definitions.-- (1) Semiautomatic assault weapon.--The term ``semiautomatic assault weapon'' means-- (A) any of the firearms, or types, replicas, or duplicates in any caliber of the firearms known as-- (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models); (ii) Action Arms Israeli Military Industries UZI and Galil; (iii) Beretta AR-70 (SC-70); (iv) Colt AR-15 and Sporter; (v) Fabrique Nationale FN/FAL, FN/LAR, and FNC; (vi) SWD M-101 M-11; M 11-9; and M-12; (vii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and (viii) any shotgun which contains its ammunition in a revolving cylinder, such as but not limited to, the Street Sweeper and Striker 12; (B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of-- (i) a folding or telescoping stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; (iii) a bayonet mount; (iv) a flash suppressor or barrel having a threaded muzzle; and (v) a grenade launcher; (C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of-- (i) an ammunition magazine that attaches to the pistol outside of the pistol grip; (ii) a barrel having a threaded muzzle; (iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned; (iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and (v) a semiautomatic version of an automatic firearm; and (D) a semiautomatic shotgun that has at least 2 of-- (i) a folding or telescoping stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; (iii) a fixed magazine capacity in excess of 5 rounds; and (iv) an ability to accept a detachable magazine. (2) Large capacity ammunition feeding device.--The term ``large capacity ammunition feeding device'' means-- (A) a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; (B) any combination of parts from which a device described in clause (i) can be assembled; but (C) does not include an attached tubular device designed to accept, and capable of operating only with .22 caliber rimfire ammunition.

Directs the Attorney General to establish a Standing Commission on Semiautomatic Assault Weapons. Requires the Commission to: (1) make recommendations to the Attorney General for restricting the manufacture, sale, distribution, and possession of domestic-made semiautomatic assault weapons and large capacity ammunition feeding devices; (2) conduct public hearings and meetings on recommendations proposed by private citizens, law enforcement, and the Commission; and (3) transmit to the Attorney General together with the required recommendations a report on its findings and conclusions. Directs the Attorney General to: (1) reject the recommendations of the Commission in whole (in which case recommendations regarding semiautomatic assault weapons and large capacity ammunition feeding devices shall be deemed terminated for the year in which they were transmitted to the Attorney General); or (2) accept the Commission's recommendations in whole or in part, and commence a public process for issuing regulations based on such recommendations. Requires the Attorney General to submit the recommendations of the Department of Justice which comprise the final regulations, together with such regulations, to the appropriate congressional committees. Sets forth provisions regarding: (1) the effective date of any such regulations; and (2) congressional consideration of the Commission report.

A bill to provide a fair process, with maximum opportunity for public comment, that will help eradicate from this Nation those weapons for which no legitimate purpose exists and which are so lethal that they constitute an unreasonable risk to law enforcement and the public at large, while at the same time ensuring that the law-abiding public has full access to firearms created for legitimate purposes, including firearms intended for hunting and recreational use.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Diabetes Self Management Training Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Diabetes is widely recognized as one of the top public health threats facing our Nation today. More than 18,000,000 Americans are currently living with diabetes and that number is expected to double by the year 2050. Diabetes is the sixth leading cause of death in the United States, causing more than 200,000 deaths each year. (2) Diabetes occurs in two forms. Type 1 diabetes is caused by the body's inability to produce insulin, a hormone that allows glucose to enter and fuel cells. Type 2 diabetes occurs when the body fails to make enough insulin or fails to properly use it. Type 1 diabetes typically develops in childhood or adolescence and accounts for only 5 to 10 percent of cases of diabetes. Type 2 diabetes accounts for 90 to 95 percent of diabetes cases and most often appears among people older than 40. It is especially common in the medicare population, as 1 in 5 adults over age 65 has type 2 diabetes. (3) Diabetes is a costly disease. In 2002, diabetes accounted for $132,000,000,000 in direct and indirect health care costs. It is especially costly for the medicare program. Individuals with diabetes represent approximately 20 percent of medicare beneficiaries but account for more than 30 percent of fee-for-service medicare expenditures. (4) People with type 1 diabetes are required to take daily insulin injections to stay alive. While some people with type 2 diabetes need daily insulin injections, others with type 2 diabetes can control their diabetes through healthy meal plans, exercise, and, for some, oral medications. Diabetes self management training (in this section referred to as ``DSMT''), also called diabetes education, provides knowledge and skills training to patients with diabetes, helping them identify barriers, facilitate problem solving, and develop coping skills to effectively manage their diabetes. A certified diabetes educator is a health care professional, often a nurse, dietitian, or pharmacist, who specializes in helping people with diabetes develop the self-management skills needed to stay healthy and avoid costly acute complications and emergency care, as well as debilitating secondary conditions caused by diabetes. (5) DSMT has been proven effective in helping to reduce the risks and complications of diabetes. In 2002, the Diabetes Prevention Program study found that participants (all of whom were at increased risk of developing type 2 diabetes) who made lifestyle changes, such as those taught in DSMT programs, reduced their risk of getting type 2 diabetes by 58 percent. Lifestyle intervention worked in all of the groups but it worked particularly well in people aged 60 and older, reducing the development of diabetes by 71 percent. Similarly, studies have found that patients under the care of a certified diabetes educator are better able to control their diabetes and report improvement in their health status. Congress recognized the value of DSMT by creating medicare coverage for this benefit under the Balanced Budget Act of 1997. (6) There are currently more than 20,000 diabetes educators in the United States, most of whom are certified diabetes educators credentialed by the National Certification Board for Diabetes Educators (NCBDE). Eligibility for certification as a diabetes educator requires prerequisite qualifying professional credentials in specified health care professions and professional practice experience that includes a minimum number of hours of experience in DSMT. Certified diabetes educators must also pass a rigorous national examination and periodically renew their credentials. Certified diabetes educators are uniquely qualified to provide DSMT under the medicare program. SEC. 3. RECOGNITION OF CERTIFIED DIABETES EDUCATORS AS MEDICARE PROVIDERS FOR PURPOSES OF DIABETES OUTPATIENT SELF- MANAGEMENT TRAINING SERVICES. (a) In General.--Section 1861(qq) of the Social Security Act (42 U.S.C. 1395x(qq)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by inserting ``, or a certified diabetes educator (as defined in paragraph (3)) who is credentialed by a nationally recognized certifying body for diabetes educators'' before the semicolon at the end; and (B) in subparagraph (B), by striking ``a physician'' through ``meets applicable'' and inserting the following: ``a physician, or such other individual or entity, or a certified diabetes educator meets the quality standards described in this paragraph if the physician, other individual or entity, or certified diabetes educator meets quality standards established by the Secretary, except that the physician, other individual or entity, or certified diabetes educator shall be deemed to have met such standards if the physician, other individual or entity, or certified diabetes educator meets applicable''; and (2) by adding at the end the following new paragraph: ``(3) For purposes of paragraph (2), the term `certified diabetes educator' means an individual who-- ``(A) is a health care professional who specializes in helping individuals with diabetes develop the self-management skills needed to overcome the daily challenges and problems caused by the disease; ``(B) has met all criteria for initial certification, including a prerequisite qualifying professional credential in a specified health care profession, has professional practice experience in diabetes self-management training that includes a minimum number of hours of diabetes self-management training, and has passed a national examination offered by a certifying body recognized as entitled to grant certification to diabetes educators; and ``(C) has periodically renewed certification status following initial certification.''. (b) GAO Study and Report.-- (1) Study.--The Comptroller General of the United States shall conduct a study to identify the barriers that exist for individuals with diabetes in accessing diabetes self management training, including economic and geographic barriers and availability of appropriate referrals and access to adequate, qualified providers. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress regarding the study conducted under paragraph (1). (c) Effective Date.--The amendments made by subsection (a) shall apply to diabetes outpatient self-management training services furnished on or after the date that is 6 months after the date of enactment of this Act.

Diabetes Self Management Training Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for the recognition of certified diabetes educators as Medicare providers for purposes of diabetes outpatient self-management training services. Directs the Comptroller General to study and report to Congress on the barriers that exist for individuals with diabetes in accessing diabetes self-management training.

A bill to amend title XVIII of the Social Security Act to improve access to diabetes self management training by designating certified diabetes educators who are recognized by a nationally recognized certifying body and who meet the same quality standards set forth for other providers of diabetes self management training, as certified providers for purposes of outpatient diabetes self-management training services under part B of the medicare program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Property Rights Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) the protection of private property from a taking by the Government without just compensation is an integral protection for private citizens incorporated into the Constitution by the Fifth Amendment and made applicable to the States by the Fourteenth Amendment; and (2) Federal agencies should take into consideration the impact of Governmental actions on the use and ownership of private property. SEC. 3. PURPOSE. The Congress, recognizing the important role that the use and ownership of private property plays in ensuring the economic and social well-being of the Nation, declares that it is the policy of the Federal Government to use all practicable means and measures to minimize takings of private property by the Federal Government. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``agency'' means an Executive agency as defined under section 105 of title 5, United States Code, and-- (A) includes the United States Postal Service; and (B) does not include the General Accounting Office; and (2) the term ``taking of private property'' means any action whereby private property is taken in such a way as to require compensation under the Fifth Amendment to the United States Constitution. SEC. 5. PRIVATE PROPERTY TAKING IMPACT ANALYSIS. (a) In General.--The Congress authorizes and directs that, to the fullest extent possible-- (1) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies under this Act; and (2) all agencies of the Federal Government shall submit a certification to the Attorney General of the United States that a private property taking impact analysis has been completed before issuing or promulgating any policy, regulation, proposal, recommendation (including any recommendation or report on proposal for legislation), or related agency action which could result in a taking or diminution of use or value of private property. (b) Content of Analysis.--A private property taking impact analysis shall be a written statement that includes-- (1) the specific purpose of the policy, regulation, proposal, recommendation, or related agency action; (2) an assessment of whether a taking of private property may occur under such policy, regulation, proposal, recommendation, or related agency action; (3) the effect of the policy, regulation, proposal, recommendation, or related agency action on the use or value of private property, including an evaluation of whether such policy, regulation, proposal, recommendation, or related agency action requires compensation to private property owners; (4) alternatives to the policy, regulation, proposal, recommendation, or related agency action that would lessen the adverse effects on the use or value of private property; (5) an estimate of the cost to the Federal Government if the Government is required to compensate a private property owner; and (6) an estimate of the reduction in use or value of any affected private property as a result of such policy, regulation, proposal, recommendation, or related agency action. (c) Public Availability of Analysis.--An agency shall-- (1) make each private property taking impact analysis available to the public; and (2) to the greatest extent practicable, transmit a copy of such analysis to the owner or any other person with a property right or interest in the affected property. (d) Presumptions in Proceedings.--For the purpose of any agency action or administrative or judicial proceeding, there shall be a rebuttable presumption that the costs, values, and estimates in any private property takings impact analysis shall be outdated and inaccurate, if-- (1) such analysis was completed 5 years or more before the date of such action or proceeding; and (2) such costs, values, or estimates have not been modified within the 5-year period preceding the date of such action or proceeding. SEC. 6. RULES OF CONSTRUCTION. Nothing in this Act shall be construed to-- (1) limit any right or remedy, or bar any claim of any person relating to such person's property under any other law, including claims made under section 1346 or 1402 of title 28, or chapter 91 of title 28; or (2) constitute a conclusive determination of the value of any property for purposes of an appraisal for the acquisition of property, or for the determination of damages. SEC. 7. STATUTE OF LIMITATIONS. No action may be filed in a court of the United States to enforce the provisions of this Act on or after the date occurring 6 years after the date of the submission of the certification of the applicable private property taking impact analysis with the Attorney General. SEC. 8. EFFECTIVE DATE. The provisions of this Act shall take effect 120 days after the date of the enactment of this Act.

Private Property Rights Act of 1994 - States that the Congress declares that it is the policy of the Federal Government to use all practicable means and measures to minimize Federal takings of private property. Directs Federal agencies to certify to the Attorney General that a private property taking impact analysis has been completed before initiating any action which could result in a taking or diminution of use or value of private property. Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act. Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public. Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding. Sets the statute of limitations for court actions for enforcing this Act.

Private Property Rights Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lawful Interrogation and Detention Act''. SEC. 2. INTELLIGENCE COMMUNITY DEFINED. In this Act, the term ``intelligence community'' has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). SEC. 3. CLOSURE OF DETENTION FACILITY AT GUANTANAMO BAY. (a) Requirement To Close.--Not later than 1 year after the date of the enactment of this Act, the President shall close the detention facility at Guantanamo Bay, Cuba operated by the Secretary of Defense and remove all detainees from such facility. (b) Detainees.--Prior to the date that the President closes the detention facility at Guantanamo Bay, Cuba, as required by subsection (a), each individual detained at such facility shall be treated exclusively through one of the following: (1) The individual shall be charged with a violation of United States or international law and transferred to a military or Federal civilian detention facility in the United States for further legal proceedings, provided that such a Federal civilian facility or military facility has received the highest security rating available for such a facility. (2) The individual shall be transferred to an international tribunal operating under the authority of the United Nations that has jurisdiction to hold a trial of such individual. (3) The individual shall be transferred to the custody of the government of the individual's country of citizenship or a different country, provided that such transfer is consistent with-- (A) the Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment done at New York, December 10, 1984; (B) all relevant United States law; and (C) any other international obligation of the United States. (4) If the Secretary of Defense and Director of National Intelligence determine, jointly, that the individual poses no security threat to the United States and actions cannot be taken under paragraph (1) or (3), the individual shall be released from further detention. (5) The individual shall be held in accordance with the law of armed conflict. (c) Reporting Requirements.-- (1) Requirement for report.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to Congress a report that describes the President's plan to implement this section. (2) Requirement to update.--The President shall keep Congress fully and currently informed of the steps taken to implement this section. (d) Construction.-- (1) Immigration status.--The transfer of an individual under subsection (b) shall not be considered an entry into the United States for purposes of immigration status. (2) No additional detention authority.--Nothing in this section may be construed as altering or adding to existing authorities for, or restrictions on, the detention, treatment, or transfer of individuals in United States custody. SEC. 4. LIMITATION ON INTERROGATION TECHNIQUES. No individual in the custody or under the effective control of personnel of an element of the intelligence community or a contractor or subcontractor of an element of the intelligence community, regardless of nationality or physical location of such individual or personnel, shall be subject to any treatment or technique of interrogation not authorized by the United States Army Field Manual on Human Intelligence Collector Operations. SEC. 5. PROHIBITION ON INTERROGATIONS BY CONTRACTORS. The Director of the Central Intelligence Agency shall not allow a contractor or subcontractor to the Central Intelligence Agency to carry out an interrogation of an individual. Any interrogation carried out on behalf of the Central Intelligence Agency shall be conducted by an employee of such Agency. SEC. 6. NOTIFICATION OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS. (a) Requirement.--The head of an element of the intelligence community or a contractor or subcontractor of such element who detains or has custody or effective control of an individual shall notify the International Committee of the Red Cross of the detention of the individual and provide access to such individual in a manner consistent with the practices of the Armed Forces. (b) Construction.--Nothing in this section shall be construed-- (1) to create or otherwise imply the authority to detain; or (2) to limit or otherwise affect any other rights or obligations which may arise under the Geneva Conventions, other international agreements, or other laws, or to state all of the situations under which notification to and access for the International Committee of the Red Cross is required or allowed.

Lawful Interrogation and Detention Act - Directs the President, within one year after the enactment of this Act, to close the detention facility at Guantanamo Bay, Cuba, and remove all detainees held there. Requires each such detainee to be either: (1) charged with a violation of U.S. or international law and transferred to an appropriate U.S. facility for further legal proceedings; (2) transferred for trial to an international tribunal operating under United Nations (UN) authority; (3) transferred (under certain conditions) to the custody of the government of the individual's country of citizenship or a different country; (4) released; or (5) held in accordance with the law of the armed conflict. Prohibits an individual in the custody or control of an element of the intelligence community (IC) or contractor or subcontractor thereof, regardless of the individual's nationality or physical location, from being subject to any treatment or technique of interrogation not authorized by the U.S. Army Field Manual on Human Intelligence Collector Operations. Prohibits the Director of the Central Intelligence Agency (CIA) from allowing a CIA contractor or subcontractor to carry out an interrogation. Requires any interrogation carried out on behalf of the CIA to be conducted only by a CIA employee. Requires the head of an IC element or a contractor or subcontractor of such element who detains or has custody or control over an individual to notify the International Committee of the Red Cross of such detention, and to provide Red Cross access to such individual in a manner consistent with practices of the Armed Forces.

A bill to require the closure of the detention facility at Guantanamo Bay, Cuba, to limit the use of certain interrogation techniques, to prohibit interrogation by contractors, to require notification of the International Committee of the Red Cross of detainees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Gun Rights and Due Process Act''. SEC. 2. DEFINITIONS RELATING TO MENTAL HEALTH. (a) Title 18 Definitions.--Chapter 44 of title 18, United States Code, is amended-- (1) in section 921(a), by adding at the end the following: ``(36)(A) Subject to subparagraph (B), the term `has been adjudicated mentally incompetent or has been committed to a psychiatric hospital', with respect to a person-- ``(i) means the person is the subject of an order or finding by a judicial officer or court-- ``(I) that was issued after a hearing-- ``(aa) of which the person received actual notice; and ``(bb) at which the person had an opportunity to participate with counsel; and ``(II) that found that the person, as a result of marked subnormal intelligence, mental impairment, mental illness, incompetency, condition, or disease-- ``(aa) was guilty but mentally ill in a criminal case, in a jurisdiction that provides for such a verdict; ``(bb) was not guilty in a criminal case by reason of insanity or mental disease or defect; ``(cc) was incompetent to stand trial in a criminal case; or ``(dd) was not guilty by reason of lack of mental responsibility under section 850a of title 10 (article 50a of the Uniform Code of Military Justice); and ``(ii) does not include-- ``(I) an admission to a psychiatric hospital for observation; or ``(II) a voluntary admission to a psychiatric hospital. ``(B) In this paragraph, the term `order or finding' does not include-- ``(i) an order or finding that has expired or has been set aside or expunged; ``(ii) an order or finding that is no longer applicable because a judicial officer or court has found that the person who is the subject of the order or finding-- ``(I) does not present a danger to himself or herself or to others; ``(II) has been restored to sanity or cured of mental disease or defect; ``(III) has been restored to competency; or ``(IV) no longer requires involuntary inpatient or outpatient treatment by a psychiatric hospital; or ``(iii) an order or finding with respect to which the person who is subject to the order or finding has been granted relief from disabilities under section 925(c), under a program described in section 101(c)(2)(A) or 105 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note), or under any other State-authorized relief from disabilities program of the State in which the original commitment or adjudication occurred. ``(37) The term `psychiatric hospital' includes a mental health facility, a mental hospital, a sanitarium, or a psychiatric facility, including a psychiatric ward in a general hospital.''; and (2) in section 922-- (A) in subsection (d)(4)-- (i) by striking ``as a mental defective'' and inserting ``mentally incompetent''; and (ii) by striking ``any mental institution'' and inserting ``a psychiatric hospital''; and (B) in subsection (g)(4)-- (i) by striking ``as a mental defective or who has'' and inserting ``mentally incompetent or has''; and (ii) by striking ``mental institution'' and inserting ``psychiatric hospital''. (b) Technical and Conforming Amendments.--The NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended-- (1) by striking ``as a mental defective'' each place that term appears and inserting ``mentally incompetent''; (2) by striking ``mental institution'' each place that term appears and inserting ``psychiatric hospital''; (3) in section 101(c)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``to the mental health of a person'' and inserting ``to whether a person is mentally incompetent''; and (B) in paragraph (2)-- (i) in subparagraph (A)(i), by striking ``to the mental health of a person'' and inserting ``to whether a person is mentally incompetent''; and (ii) in subparagraph (B), by striking ``to the mental health of a person'' and inserting ``to whether a person is mentally incompetent''; and (4) in section 102(c)(3)-- (A) in the paragraph heading, by striking ``as a mental defective or committed to a mental institution'' and inserting ``as mentally incompetent or committed to a mental institution''; and (B) by striking ``mental institutions'' and inserting ``psychiatric hospitals''. SEC. 3. PROTECTING THE SECOND AMENDMENT RIGHTS OF VETERANS. (a) Definition.--In this section, the term ``covered veteran'' means a person who, on the day before the date of enactment of this Act, is considered to have been adjudicated as a mental defective or committed to a mental institution under subsection (d)(4) or (g)(4) of section 922 of title 18, United States Code, as a result of having been found by the Department of Veterans Affairs to be mentally incompetent. (b) Review.--The Secretary of Veterans Affairs shall-- (1) not later than 90 days after the date of enactment of this Act, conduct a review relating to each covered veteran to determine whether the proceedings for the adjudication or commitment of the covered veteran were conducted in accordance with, and resulted in an order or finding described in, section 921(a)(36) of title 18, United States Code, as added by this Act; and (2) unless the Secretary certifies that the proceedings were conducted in accordance with, and resulted in an order or finding described in, section 921(a)(36) of title 18, United States Code, as added by this Act, ensure that the records of the covered veteran used for purposes of any determination of whether the covered veteran is disqualified from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18, United States Code, are modified to indicate that the covered veteran has not been adjudicated mentally incompetent or committed to a psychiatric hospital. (c) Enforcement.-- (1) Identification of inaccurate records.--Not later than January 1 of each year, the Attorney General shall-- (A) review the record of each person who is considered to have been adjudicated mentally incompetent or committed to a psychiatric hospital under subsection (d)(4) or (g)(4) of section 922 of title 18, United States Code, as a result of having been found by the Department of Veterans Affairs to be mentally incompetent; (B) identify each such record that does not include documentation indicating that the proceedings for the adjudication or commitment were conducted in accordance with, and resulted in an order or finding described in, section 921(a)(36) of title 18, United States Code, as added by this Act; and (C) submit to the Secretary of the Treasury and Congress a report providing the number of records identified under subparagraph (B). (2) Rescission.--Effective on the date on which the Attorney General submits a report under paragraph (1)(C), there is rescinded from the unobligated balances in the appropriations account appropriated under the heading ``general administration'' under the heading ``Departmental Administration'' under the heading ``DEPARTMENT OF VETERANS AFFAIRS'' the amount equal to the product of-- (A) the number of records that the report states were identified by the Attorney General under paragraph (1)(B); and (B) $10,000. (d) Appointment of Fiduciaries.-- (1) In general.--Chapter 55 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 5511. Use of determinations to appoint fiduciaries ``No determination by the Secretary that benefits under this title to which an individual is entitled shall be paid to a fiduciary shall be considered to be a determination that the individual has been adjudicated mentally incompetent for purposes of subsections (d)(4) and (g)(4) of section 922 of title 18.''. (2) Clerical amendment.--The table of sections for chapter 55 of title 38, United States Code, is amended by adding at the end the following: ``5511. Use of determinations to appoint fiduciaries.''. SEC. 4. USE OF DETERMINATIONS MADE BY THE COMMISSIONER OF SOCIAL SECURITY. (a) Title II.--Section 205(j) of the Social Security Act (42 U.S.C. 405(j)) is amended by adding at the end the following: ``(11) No determination by the Commissioner of Social Security with respect to an individual, including a determination that benefits under this title to which such individual is entitled shall be paid to a representative payee, shall be considered to be a determination that the individual has been adjudicated mentally incompetent for purposes of subsections (d)(4) and (g)(4) of section 922 of title 18, United States Code.''. (b) Title XVI.--Section 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is amended by adding at the end the following: ``(J) No determination by the Commissioner of Social Security with respect to an individual, including a determination that benefits under this title to which such individual is entitled shall be paid to a representative payee, shall be considered to be a determination that the individual has been adjudicated mentally incompetent for purposes of subsections (d)(4) and (g)(4) of section 922 of title 18, United States Code.''. (c) Enforcement.-- (1) Identification of inaccurate records.--Not later than January 1 of each year, the Attorney General shall-- (A) review the record of each person who is considered to have been adjudicated mentally incompetent or committed to a psychiatric hospital under subsection (d)(4) or (g)(4) of section 922 of title 18, United States Code, as a result of a determination by the Commissioner of Social Security; (B) identify each such record that does not include documentation indicating that the proceedings for the adjudication or commitment were conducted in accordance with, and resulted in an order or finding described in, section 921(a)(36) of title 18, United States Code, as added by this Act; and (C) submit to the Secretary of the Treasury and Congress a report providing the number of records identified under subparagraph (B). (2) Rescission.-- (A) In general.--Effective on the date on which the Attorney General submits a report under paragraph (1)(C), there is rescinded from the unobligated balances in the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund, on a pro rata basis, the amount equal to the product of-- (i) the number of records that the report states were identified by the Attorney General under paragraph (1)(B); and (ii) $10,000. (B) Treatment of amounts.--Amounts rescinded under subparagraph (A) shall be deemed to have been expended for costs described in section 201(g)(1) of the Social Security Act (42 U.S.C. 401(g)(1)). SEC. 5. STATE HEALTH REPORTS. Section 102(c)(3) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by adding at the end the following: ``A report made available by a State indicating that a person has been adjudicated as mentally incompetent or committed to a mental institution shall not be used for purposes of any determination of whether a person is disqualified from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18, United States Code, unless the Attorney General determines that the proceedings for the adjudication or commitment were conducted in accordance with, and resulted in an order or finding described in, section 921(a)(36) of title 18, United States Code, and that the State has provided clear and convincing evidence that the person poses a significant danger.''. SEC. 6. APPLICABILITY OF AMENDMENTS. With respect to any record of a person prohibited from possessing or receiving a firearm under subsection (d)(4) or (g)(4) of section 922 of title 18, United States Code, before the date of enactment of this Act, the Attorney General shall remove such a record from the National Instant Criminal Background Check System-- (1) upon being made aware that the person is no longer considered as adjudicated mentally incompetent or committed to a psychiatric hospital according to the criteria under paragraph (36)(A)(i)(II) of section 921(a) of title 18, United States Code (as added by this Act), and is therefore no longer prohibited from possessing or receiving a firearm; (2) upon being made aware that any order or finding that the record is based on is an order or finding described in paragraph (36)(B) of section 921(a) of title 18, United States Code (as added by this Act); or (3) upon being made aware that the person has been found competent to possess a firearm after an administrative or judicial review under subsection (c) or (d) of section 5511 of title 38, United States Code (as added by this Act).

Protecting Gun Rights and Due Process Act This bill amends the federal criminal code and other laws to raise the threshold that must be met with respect to disqualifying an individual, for reasons relating to mental health, from possessing or receiving a firearm. Specifically, such an individual must have been either adjudicated mentally incompetent or committed to a psychiatric hospital. In addition, the bill excludes, for purposes of a determination of whether an individual is disqualified from possessing or receiving a firearm: (1) certain state health reports, and (2) specified determinations made by the Department of Veterans Affairs or the Social Security Administration.

Protecting Gun Rights and Due Process Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Mandate Reduction, Reform, and Budget Act of 1993''. SEC. 2. AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974. (a) Federal Regulatory Budget Cost Control System.--Title III of the Congressional Budget Act of 1974 is amended by inserting before section 300 the following new center heading ``PART A--GENERAL PROVISIONS'' and by adding at the end the following new part: ``PART B--FEDERAL MANDATE BUDGET COST CONTROL SEC. 321. OMB-CBO REPORTS. ``(a) OMB-CBO Initial Report.--Within 1 year after the date of enactment of this section, OMB and CBO shall jointly issue a report to the President and each House of Congress that contains the following: ``(1) For the first budget year beginning after the issuance of this report, a projection of the aggregate direct cost to States and local governments of complying with all Federal mandates in effect immediately before issuance of the report containing the projection for that budget year of the effect of current-year Federal mandates into the budget year and the outyears based on those mandates. ``(2) A calculation of the estimated aggregate direct cost to States and local governments of compliance with all Federal mandates as a percentage of the gross domestic product (GDP). ``(3) The estimated marginal cost (measured as a reduction in estimated gross domestic product) to States and local governments of compliance with all Federal mandates in excess of the cap (to be determined under paragraph (5)) allowable for the sixth year following the budget year and subsequent fiscal years. ``(4) The effect on the domestic economy of different types of Federal mandates. ``(5) The appropriate level of personnel, administrative overhead, and programmatic savings that should be achieved on a fiscal year by fiscal year basis by Federal agencies that issue mandates with direct costs to States and local governments through the reduction of such aggregate costs to States and local governments by 6.5 percent for the budget year (as measured against the aggregate mandate baseline for the first budget year to which this part applies) and by 6.5 percent increments for each of the outyears (until the aggregate level of such costs does not exceed 3 percent of the estimated gross domestic product for the same fiscal year as the estimated costs that will be incurred). ``(6) Recommendations for budgeting, technical, and estimating changes to improve the Federal mandate budgeting process. ``(b) Update Reports.--OMB and CBO shall issue update reports on September 15th of the fifth year beginning after issuance of the initial report and at 5-year intervals thereafter containing all the information required in the initial report, but based upon all Federal mandates in effect immediately before issuance of the most recent update report. ``(c) Initial Baseline Report.--Within 30 days after the date of enactment of this section, OMB and CBO shall jointly issue a report to the President and each House of Congress that contains an initial aggregate mandate baseline for the first budget year that begins at least 120 days after that date of enactment. That baseline will be a projection of the aggregate direct cost to States and local governments of complying with all Federal mandates in effect immediately before issuance of the report containing the projection for that budget year of the effect of current-year Federal mandates into the budget year and the outyears based on those mandates. ``SEC. 322. AGGREGATE MANDATE BASELINE. ``(a) In General.--For the first budget year beginning after the date of enactment of this section and for every other fiscal year thereafter, the aggregate mandate baseline refers to a projection of the aggregate direct cost to States and local governments of complying with all Federal mandates in effect immediately before issuance of the report containing the projection for that budget year of the effect of current-year Federal mandates into the budget year and the outyears based on those mandates. However, in the case of each of the succeeding fiscal years, the baseline shall be adjusted for the estimated growth during that year in the gross domestic product (GDP). ``(b) OMB-CBO Aggregate Mandate Baseline Reports.--(1) The first budget year for which there shall be an aggregate mandate baseline shall be the budget year to which the initial OMB-CBO baseline report issued under section 321(c) pertains. ``(2) In the case of each budget year after the budget year referred to in paragraph (1), not later than September 15 of the current year, OMB and CBO shall jointly issue a report containing the baseline referred to in subsection (a) for that budget year. ``SEC. 323. RECONCILIATION AND ALLOCATIONS. ``(a) Reconciliation Directives.--In addition to the requirements of section 310, a concurrent resolution on the budget for any fiscal year shall specify-- ``(1) changes in laws and regulations necessary to reduce the aggregate direct cost to States and local governments of complying with all Federal mandates by 6.5 percent for the budget year (as measured against the aggregate mandate baseline for the first budget year to which this part applies) and by 6.5 percent increments for each of the outyears (until the aggregate level of such costs does not exceed 3 percent of the estimated gross domestic product for the same fiscal year as the estimated costs that will be incurred) for Federal agencies that issue mandates producing direct costs to States and local governments; and ``(2) changes in laws necessary to achieve reductions in the level of personnel and administrative overhead and to achieve programmatic savings for the budget year and the outyears for those agencies of the following: ``(A) In the first outyear, one-fourth of the percent of reduction in mandate authority from the aggregate mandate base. ``(B) In the second outyear, one-third of the percent of reduction in mandate authority from the aggregate mandate base. ``(C) In the third, fourth, fifth, and sixth years following the budget year, one-half of the percent of reduction in mandate authority from the aggregate mandate base. Section 310(c) shall not apply with respect to directions made under this section. ``(b) Allocation of Totals.--(1) The Committees on the Budget of the House of Representatives and the Senate shall each allocate aggregate 2-year mandate authority among each committee of its House and by major functional category for the first budget year beginning after the date of enactment of this section and for the second, fourth, and sixth years following the budget year and then every other year thereafter. ``(2) As soon as practicable after receiving an allocation under paragraph (1), each committee shall subdivide its allocation among its subcommittees or among programs over which it has jurisdiction. ``(c) Point of Order.--(1) It shall not be in order in the House of Representatives or the Senate to consider any bill or resolution, or amendment thereto, which would cause the appropriate allocation made under subsection (b) for a fiscal year of mandate authority to be exceeded. ``(2) Waiver.--The point of order set forth in paragraph (1) may only be waived by the affirmative vote of at least three-fifths of the Members voting, a quorum being present. ``(d) Determinations by Budget Committees.--For purposes of this section, the level of mandate authority for a fiscal year shall be determined by the Committee on the Budget of the House of Representatives or the Senate, as the case may be. ``(e) Exceeding Allocation Totals.--Whenever any Committee of the House of Representatives exceeds its allocation of aggregate 2-year mandate authority under subsection (b)(1), any Member of the House of Representatives may offer a bill in the House (which shall be highly privileged, unamendable, and debateable for 30 minutes) which shall only prohibit the issuance of mandates by any agency under the jurisdiction of that committee for the fiscal years covered by that allocation until that committee eliminates its breach. ``SEC. 324. ANALYSIS OF MANDATES COSTS BY CONGRESSIONAL BUDGET OFFICE. ``CBO shall prepare for each bill or resolution of a public character reported by any committee of the House of Representatives or the Senate (except the Committee on Appropriations of each House), and submit to such committee-- ``(1) an estimate of the costs which would be incurred by States and local governments in carrying out or complying with such bill or resolution in the fiscal year in which it is to become effective and in each of the 4 fiscal years following such fiscal year, together with the basis of each such estimate; and ``(2) a comparison of the estimate of costs described in paragraph (1) with any available estimates of costs made by such committee or by any Federal agency. ``SEC. 325. DEFINITIONS. ``As used in this part: ``(1) The term `CBO' refers to the Director of the Congressional Budget Office. ``(2) The term `OMB' refers to the Director of the Office of Management and Budget. ``(3) The term `costs' when referring to `mandates' means the direct cost to States and local governments of complying with Federal mandates. ``(4) The term `direct costs' means (recognizing that direct costs are not the only costs associated with Federal mandates) all expenditures occurring as a direct result of complying with Federal mandates, except those applying to the military or agency organization, management, and personnel.''. SEC. 3. PRESIDENT'S ANNUAL BUDGET SUBMISSIONS. Section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(29) a mandate authority budget analysis of the aggregate direct cost to States and local governments of complying with all current and proposed Federal mandates and proposals for complying with section 323 of the Congressional Budget Act of 1974 for the budget year and the outyears.'' SEC. 4. ESTIMATION AND DISCLOSURE OF COSTS OF FEDERAL MANDATES. (a) Costs to State and Local Governments.--Chapter 6 of title 5, United States Code, popularly known as the ``Regulatory Flexibility Act'', is amended-- (1) by adding at the end of section 603 the following: ``(d) Each initial regulatory flexibility analysis for a proposed rule that establishes or implements a new Federal mandate shall also contain a description of the nature and amount of monetary costs that will be incurred by State and local governments in complying with the Federal mandate.''; (2) in section 604(a)-- (A) in paragraph (2) by striking ``and'' after the semicolon; (B) in paragraph (3) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(4) in the case of an analysis for a rule that establishes or implements a new Federal mandate, a statement of the nature and amount of monetary costs that will be incurred by State and local governments in complying with the Federal mandate.''; and (3) in section 607 by inserting before the period the following: ``, except that estimates of monetary costs under sections 603(d) and 604(a)(4) shall only be in the form of a numerical description''. (b) Agency Reports.--Each agency that under chapter 6 of title 5, United States Code, prepares an initial regulatory flexibility analysis for a proposed rule that establishes or implements a new Federal mandate shall at the same time submit to each House of Congress and to CBO and OMB a cost estimate and cost benefit analysis of any new Federal mandate that would have an aggregate direct cost to State and local governments of at least $10,000,000 for any fiscal year.

Federal Mandate Reduction, Reform, and Budget Act of 1993 - Amends the Congressional Budget Act of 1974 to set forth reporting requirements for the Office of Management and Budget and the Congressional Budget Office (CBO) with respect to reducing the direct costs to States and local governments of complying with Federal mandates. Requires concurrent resolutions on the budget to provide for such reductions until such costs do not exceed three percent of the estimated gross national product for the same fiscal year as the costs will be incurred. Requires CBO to prepare an analysis of mandated costs for States and local governments for each public bill or resolution reported in the Congress (except those from Appropriations Committees). Requires a similar analysis in the President's annual budget submissions. Requires initial regulatory flexibility analyses for proposed rules that establish or implement new Federal mandates to contain a description of the nature and amount of monetary costs to be incurred by State and local governments. Requires Federal agencies to prepare a cost estimate and cost benefit analysis of such mandates that would cost State and local governments at least $10 million for a fiscal year.

Federal Mandate Reduction, Reform, and Budget Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Battlefield Excellence through Superior Training Practices Act'' or the ``BEST Practices Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Department of Defense has made impressive strides in the development and use of methods of medical training and troop protection, such as the use of tourniquets and improvements in body armor, that have led to decreased battlefield fatalities. (2) The Department of Defense uses more than 8,500 live animals each year to train physicians, medics, corpsmen, and other personnel methods of responding to severe battlefield injuries. (3) The civilian sector has almost exclusively phased in the use of superior human-based training methods for numerous medical procedures currently taught in military courses using animals. (4) Human-based medical training methods such as simulators replicate human anatomy and can allow for repetitive practice and data collection. (5) According to scientific, peer-reviewed literature, medical simulation increases patient safety and decreases errors by healthcare providers. (6) The Army Research, Development and Engineering Command and other entities of the Department of Defense have taken significant steps to develop methods to replace live animal- based training. (7) According to the report by the Department of Defense titled ``Final Report on the use of Live Animals in Medical Education and Training Joint Analysis Team'', published on July 12, 2009-- (A) validated, high-fidelity simulators were to have been available for nearly every high-volume or high-value battlefield medical procedure by the end of 2011, and many were available as of 2009; and (B) validated, high-fidelity simulators were to have been available to teach all other procedures to respond to common battlefield injuries by 2014. (8) The Center for Sustainment of Trauma and Readiness Skills of the Air Force exclusively uses human-based training methods in its courses and does not use animals. (9) In 2013, the Army instituted a policy forbidding non- medical personnel from participating in training courses involving the use of animals. (10) In 2013, the medical school of the Department of Defense, part of the Uniformed Services University of the Health Sciences, replaced animal use within its medical student curriculum. (11) The Coast Guard announced in 2014 that it would reduce by half the number of animals it uses for combat trauma training courses but stated that animals would continue to be used in courses designed for Department of Defense personnel. (12) Effective January 1, 2015, the Department of Defense replaced animal use in six areas of medical training, including Advanced Trauma Life Support courses and the development and maintenance of surgical and critical care skills for field operational surgery and field assessment and skills tests for international students offered at the Defense Institute of Medical Operations. SEC. 3. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN MEDICAL TRAINING. (a) In General.--Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2017. Use of human-based methods for certain medical training ``(a) Combat Trauma Injuries.--(1) Not later than October 1, 2020, the Secretary of Defense shall develop, test, and validate human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries with the goal of replacing live animal-based training methods. ``(2) Not later than October 1, 2022, the Secretary-- ``(A) shall only use human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries; and ``(B) may not use animals for such purpose. ``(b) Exception for Particular Commands and Training Methods.--(1) The Secretary may exempt a particular command, particular training method, or both, from the requirement for human-based training methods under subsection (a)(2) if the Secretary determines that human-based training methods will not provide an educationally equivalent or superior substitute for live animal-based training methods for such command or training method, as the case may be. ``(2) Any exemption under this subsection shall be for such period, not more than one year, as the Secretary shall specify in granting the exemption. Any exemption may be renewed (subject to the preceding sentence). ``(c) Annual Reports.--(1) Not later than October 1, 2018, and each year thereafter, the Secretary shall submit to the congressional defense committees a report on the development and implementation of human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries under this section. ``(2) Each report under this subsection on or after October 1, 2022, shall include a description of any exemption under subsection (b) that is in force at the time of such report, and a current justification for such exemption. ``(d) Definitions.--In this section: ``(1) The term `combat trauma injuries' means severe injuries likely to occur during combat, including-- ``(A) hemorrhage; ``(B) tension pneumothorax; ``(C) amputation resulting from blast injury; ``(D) compromises to the airway; and ``(E) other injuries. ``(2) The term `human-based training methods' means, with respect to training individuals in medical treatment, the use of systems and devices that do not use animals, including-- ``(A) simulators; ``(B) partial task trainers; ``(C) moulage; ``(D) simulated combat environments; ``(E) human cadavers; and ``(F) rotations in civilian and military trauma centers. ``(3) The term `partial task trainers' means training aids that allow individuals to learn or practice specific medical procedures.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 101 of such title is amended by adding at the end the following new item: ``2017. Use of human-based methods for certain medical training.''.

Battlefield Excellence through Superior Training Practices Act or the BEST Practices Act This bill requires the Department of Defense (DOD), no later than: (1) October 1, 2020, to develop, test, and validate human-based training methods for training members of the Armed Forces in the treatment of combat trauma injuries, with the goal of replacing live animal-based training methods; and (2) October 1, 2022, to use only use human-based training methods for such purposes. The bill prohibits the use of animals in such training after the latter date, but permits DOD to exempt a particular command or training method from human-based training method requirements for up to one year if the human-based methods will not provide an educationally equivalent or superior substitute for live animal-based training methods. Allows exemption periods to be renewed. DOD shall submit an annual report to Congress regarding the development and implementation of the human-based training methods, including the justifications for any exemptions.

Battlefield Excellence through Superior Training Practices Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Travel America Now Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) Prior to September 11, 2001, more than 19,000,000 Americans were employed in travel and travel-related jobs, with an estimated annual payroll of $171,500,000,000. (2) In recent years, the travel and tourism industry has grown to be the third largest industry in the United States as measured by retail sales, with over $582,000,000,000 in expenditures, generating over $99,600,000,000 in Federal, State, and local tax revenues in 2000. (3) In 2000, the travel and tourism industry created a $14,000,000,000 balance of trade surplus for the United States. (4) The travel and tourism industry and all levels of government are working together to ensure that, following the horrific terrorist attacks on the World Trade Center and the Pentagon on September 11, 2001, travel is safe and secure, and that confidence among travelers is maintained. (5) Urgent, short-term measures are necessary to keep working people working and to generate cash flow to assist the travel and tourism industry in its ongoing efforts to retain its economic footing. (6) Increased consumer spending on travel and tourism is essential to revitalizing the United States economy. (7) The American public should be encouraged to travel for personal, as well as business, reasons as a means of keeping working people working and generating cash flow that can help stimulate a rebound in the Nation's economy. SEC. 3. PERSONAL TRAVEL CREDIT. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. PERSONAL TRAVEL CREDIT. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified personal travel expenses which are paid or incurred by the taxpayer on or after the date of the enactment of this section and before January 1, 2002. ``(b) Maximum Credit.--The credit allowed to a taxpayer under subsection (a) for any taxable year shall not exceed $500 ($1,000, in the case of a joint return). ``(c) Qualified Personal Travel Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified personal travel expenses' means reasonable expenses in connection with a qualifying personal trip for-- ``(A) travel by aircraft, rail, watercraft, or motor vehicle, and ``(B) lodging while away from home at any commercial lodging facility. Such term does not include expenses for meals, entertainment, amusement, or recreation. ``(2) Qualifying personal trip.-- ``(A) In general.--The term `qualifying personal trip' means travel within the United States-- ``(i) the farthest destination of which is at least 100 miles from the taxpayer's residence, ``(ii) involves an overnight stay at a commercial lodging facility and ``(iii) which is taken on or after the date of the enactment of this section. ``(B) Only personal travel included.--Such term shall not include travel if, without regard to this section, any expenses in connection with such travel are deductible in connection with a trade or business or activity for the production of income. ``(3) Commercial lodging facility.--The term `commercial lodging facility' includes any hotel, motel, resort, rooming house, or campground. ``(d) Special Rules.-- ``(1) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(2) Expenses must be substantiated.--No credit shall be allowed by subsection (a) unless the taxpayer substantiates by adequate records or by sufficient evidence corroborating the taxpayer's own statement the amount of the expenses described in subsection (c)(1). ``(e) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any expense for which credit is allowed under this section.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 26 the following new item: ``Sec. 25C. Personal travel credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 4. TEMPORARY INCREASE IN DEDUCTION FOR BUSINESS MEALS AND ENTERTAINMENT. (a) In General.--Subsection (n) of section 274 of the Internal Revenue Code of 1986 (relating to only 50 percent of meal and entertainment expenses allowed as deduction) is amended by adding at the end the following new paragraph: ``(4) Temporary increase in limitation.--With respect to any expense or item paid or incurred on or after the date of the enactment of this paragraph and before January 1, 2002, paragraph (1) shall be applied by substituting `100 percent' for `50 percent'.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 5. NET OPERATING LOSS CARRYBACK FOR TRAVEL AND TOURISM INDUSTRY. (a) In General.--Paragraph (1) of section 172(b) of the Internal Revenue Code of 1986 (relating to years to which loss may be carried) is amended by adding at the end the following new subparagraph: ``(H) Travel and tourism industry losses.--In the case of a taxpayer which has a travel or tourism loss (as defined in subsection (j)) for a taxable year that includes any portion of the period beginning on or after September 12, 2001, and ending before January 1, 2002, such travel or tourism loss shall be a net operating loss carryback to each of the 5 taxable years preceding the taxable year of such loss.''. (b) Special Rules for Travel and Tourism Industry Losses.--Section 172 of the Internal Revenue Code of 1986 (relating to net operating loss deduction) is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following new subsection: ``(j) Rules Relating to Travel and Tourism Industry Losses.--For purposes of this section-- ``(1) In general.--The term `travel or tourism loss' means the lesser of-- ``(A) the amount which would be the net operating loss for the taxable year if only income and deductions attributable to the travel or tourism businesses are taken into account, or ``(B) the amount of the net operating loss for such taxable year. ``(2) Travel or tourism business.--The term `travel or tourism business' includes the active conduct of a trade or business directly related to travel or tourism, including-- ``(A) the provision of commercial transportation (including rentals) or lodging, ``(B) the operation of airports or other transportation facilities or the provision of services or the sale of merchandise within such facilities, ``(C) the provision of services as a travel agent, ``(D) the operation of convention, trade show, or entertainment facilities, and ``(E) the provision of other services as specified by the Secretary. ``(3) Coordination with subsection (b)(2).--For purposes of applying subsection (b)(2), a travel or tourism loss for any taxable year shall be treated in a manner similar to the manner in which a specified liability loss is treated. ``(4) Election.--Any taxpayer entitled to a 5-year carryback under subsection (b)(1)(H) from any loss year may elect to have the carryback period with respect to such loss year determined without regard to subsection (b)(1)(H). Such election shall be made in such manner as may be prescribed by the Secretary and shall be made by the due date (including extensions of time) for filing the taxpayer's return for the taxable year of the net operating loss. Such election, once made for any taxable year, shall be irrevocable for such taxable year. ``(5) Related taxpayers.--Under regulations prescribed by the Secretary and at the election of a taxpayer entitled to a 5-year carryback under subsection (b)(1)(H) with respect to a travel or tourism loss, such loss may be credited against the taxable income earned during the 5-year carryback period by any member of a controlled group of corporations (as defined in section 1563(a)) of which the taxpayer is a component or additional member within the meaning of section 1563(b).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending before, on, or after the date of the enactment of this Act. SEC. 6. CONSTITUTIONAL AUTHORITY TO ENACT THIS LEGISLATION The constitutional authority upon which this Act rests is the power of Congress to lay and collect taxes, set forth in article I, section 8 of the United States Constitution.

Travel America Now Act of 2001-Amends the Internal Revenue Code to temporarily: (1) allow a credit for qualified personal travel expenses; (2) restore full deductibility for business entertainment expenses; and (3) extend the carry-back period for travel or tourism industry losses.

To amend the Internal Revenue Code of 1986 to provide tax and other incentives to maintain a vibrant travel and tourism industry, to keep working people working, and to stimulate economic growth, and for other purposes.

SECTION 1. UNIFORM STANDARDS FOR AWARD OF PUNITIVE DAMAGES. (a) General Rule.--Punitive damages may, to the extent permitted by applicable State law, be awarded against a defendant if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action-- (1) in any civil action where the claim relates to volunteer services performed by the defendant for a government entity or a not for profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes; or (2) in any civil action where the claim relates to activities or services performed by a not for profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes, not including health care providers. (b) Limitation on Amount.-- (1) In general.--The amount of punitive damages that may be awarded in an action described in subsection (a) may not exceed the greater of-- (A) 2 times the sum of the amount awarded to the claimant for economic loss and non-economic loss; or (B) $250,000. (2) Special rule.--Notwithstanding paragraph (1), in any action described in section (a) against an individual whose net worth does not exceed $500,000 or against an owner of an unincorporated business, or any partnership, corporation, association, congregation, unit of local government, or organization which has fewer than 25 full-time employees, the punitive damages shall not exceed the lesser of-- (A) 2 times the sum of the amount awarded to the claimant for economic loss and non-economic loss; or (B) $250,000. (3) Exception for particular categories of misconduct.--The limitations on the amount of punitive damages contained in paragraphs (1) and (2) shall not apply in any action described in subsection (a)(1) or (a)(2) where the misconduct for which punitive damages are awarded-- (A) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court; (B) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)); (C) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; (D) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or (E) where the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug, as defined in section 104(b)(2) of this title, at the time of the misconduct for which punitive damages are awarded. (4) Exception for insufficient award in cases of egregious conduct.-- (A) Determination by court.--If the court makes a determination, after considering each of the factors in subparagraph (B), that the application of paragraph (1) would result in an award of punitive damages that is insufficient to punish the egregious conduct of the defendant against whom the punitive damages are to be awarded or to deter such conduct in the future, the court shall determine the additional amount of punitive damages (referred to in this paragraph as the ``additional amount'') in excess of the amount determined in accordance with paragraph (1) to be awarded against the defendant in a separate proceeding in accordance with this paragraph. (B) Factors for consideration.--In any proceeding under paragraph (A), the court shall consider-- (i) the extent to which the defendant acted with actual malice; (ii) the likelihood that serious harm would arise from the conduct of the defendant; (iii) the degree of the awareness of the defendant of that likelihood; (iv) the profitability of the misconduct to the defendant; (v) the duration of the misconduct and any concurrent or subsequent concealment of the conduct by the defendant; (vi) the attitude and conduct of the defendant upon the discovery of the misconduct and whether the misconduct has terminated; (vii) the financial condition of the defendant; and (viii) the cumulative deterrent effect of other losses, damages, and punishment suffered by the defendant as a result of the misconduct, reducing the amount of punitive damages on the basis of the economic impact and severity of all measures to which the defendant has been or may be subjected, including-- (I) compensatory and punitive damage awards to similarly situated claimants; (II) the adverse economic effect of stigma or loss of reputation; (III) civil fines and criminal and administrative penalties; and (IV) stop sale, cease and desist, and other remedial or enforcement orders. (C) Requirements for awarding additional amount.-- If the court awards an additional amount pursuant to this subsection, the court shall state its reasons for setting the amount of the additional amount in findings of fact and conclusions of law. (D) Preemption.--This section does not create a cause of action for punitive damages and does not preempt or supersede any State or Federal law to the extent that such law would further limit the award of punitive damages. Nothing in this subsection shall modify or reduce the ability of courts to order remittiturs. (5) Application by court.--This subsection shall be applied by the court and application of this subsection shall not be disclosed to the jury. Nothing in this subsection shall authorize the court to enter an award of punitive damages in excess of the jury's initial award of punitive damages. (c) Bifurcation at Request of Any Party.-- (1) In general.--At the request of any party the trier of fact in any action that is subject to this section shall consider in a separate proceeding, held subsequent to the determination of the amount of compensatory damages, whether punitive damages are to be awarded for the harm that is the subject of the action and the amount of the award. (2) Inadmissibility of evidence relative only to a claim of punitive damages in a proceeding concerning compensatory damages.--If any party requests a separate proceeding under paragraph (1), in a proceeding to determine whether the claimant may be awarded compensatory damages, any evidence, argument, or contention that is relevant only to the claim of punitive damages, as determined by applicable State law, shall be inadmissible. (d) Definition.-- Health care provider.--The term ``health care provider'' means any person, organization, or institution that is engaged in the delivery of health care services in a State and that is required by the laws or regulations of the State to be licensed, registered, or certified by the State to engage in the delivery of such services in the State.

Authorizes punitive damages to be awarded against a defendant, to the extent permitted by applicable State law, if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the civil action where the claim relates to: (1) volunteer services performed by the defendant for a government entity or a not-for-profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes; or (2) activities or services performed by such a not-for-profit organization, excluding health care providers. Limits the amount of punitive damages that may be awarded in such an action to: (1) the greater of twice the sum of the amount awarded to the claimant for economic loss and non-economic loss or $250,000, in general; and (2) the lesser of twice that sum or $250,000 in any such action against an individual whose net worth does not exceed $500,000 or against an owner of an unincorporated business or any partnership, corporation, association, congregation, unit of local government, or organization which has fewer than 25 full-time employees. Makes exceptions to such limits on punitive damages: (1) for particular categories of misconduct, such as where that misconduct constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted; and (2) where such limits would result in an award that is insufficient to punish the egregious conduct of the defendant or to deter such conduct in the future. Sets forth provisions regarding: (1) consideration of punitive damages in a separate proceeding at the request of any party; and (2) inadmissibility of evidence relative only to a claim of punitive damages in a proceeding concerning compensatory damages.

A bill to provide uniform standards for the award of punitive damages for volunteer services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ocean and Coastal Management Improvement Act of 1993''. SEC. 2. TRANSFER OF OFFICES OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION TO DEPARTMENT OF THE INTERIOR. (a) Transfer of Offices.--There are transferred to the Department of the Interior the following offices and assets of the National Oceanic and Atmospheric Administration: (1) The National Ocean Service, other than the components of that Service transferred under section 3. (2) The National Marine Fisheries Service. (3) The Office of Oceanic and Atmospheric Research. (4) The fleet of research and survey vessels. (5) The National Oceanic and Atmospheric Corps. (b) Transfer of Functions.--The functions that, on the day before the date of the enactment of this Act, were performed by an individual in their capacity as an officer or employee of an office transferred by subsection (a) are transferred to the Secretary of the Interior. (c) Delegation of Functions.--The Secretary of the Interior shall delegate functions transferred by subsection (b) as follows: (1) The functions relating to the national marine sanctuaries program performed by the National Ocean Service shall be delegated to the Director of the United States Fish and Wildlife Service. (2) The functions relating to mapping, charting, and geodesy performed by the National Ocean Service shall be delegated to the Director of the Geological Survey. (3) The functions performed by the National Marine Fisheries Service shall be delegated to the Director of the United States Fish and Wildlife Service. (4) To the Director of the Biological Survey, the following functions: (A) Functions performed by the Office of Oceanic and Atmospheric Research, as follows: (i) Oceans and Great Lakes programs. (ii) Marine prediction research. (iii) The National Sea Grant College Program. (iv) The undersea research program. (B) Coastal ocean science functions performed by the National Ocean Service, other than functions required to be delegated under paragraphs (1) and (2). (d) Advisory Committees.--There are transferred to the Department of the Interior any advisory committee of the National Oceanic and Atmospheric Administration that gives advice or makes recommendations that primarily concern functions transferred by this section. SEC. 3. TRANSFER OF COMPONENTS OF NATIONAL OCEAN SERVICE TO DEPARTMENT OF ENVIRONMENTAL PROTECTION. (a) Transfer of Offices.--There are transferred to the Department of Environmental Protection the following components of the National Ocean Service of the National Oceanic and Atmospheric Administration: (1) The components that carry out observation and assessment and estuarine and coastal assessment programs. (2) The components that carry out coastal management, including-- (A) the coastal zone management program; (B) the estuarine reserve research system; and (C) the coastal nonpoint pollution control program under section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 (16 U.S.C. 1455b). (b) Transfer of Functions.--The functions that, on the day before the date of the enactment of this Act, were performed by an individual in their capacity as an officer or employee of a component transferred by subsection (a) are transferred to the Secretary of the Environment. (c) Designation of Assistant Secretary and Delegation of Functions.--The Secretary of the Environment shall-- (1) designate an Assistant Secretary of the Department of Environmental Protection who shall be responsible for administering the components transferred under subsection (a); and (2) delegate to that Assistant Secretary the functions that are transferred to the Secretary under subsection (b). (d) Advisory Committees.--There are transferred to the Department of Environmental Protection any advisory committee of the National Oceanic and Atmospheric Administration that gives advice or makes recommendations that primarily concern functions transferred by this section. SEC. 4. TRANSFER OF PROPERTY, RECORDS, AND PERSONNEL. (a) Property and Records.--The contracts, liabilities, records, property, and other assets and interests of, or made available in connection with, the offices, components, and functions transferred by this Act to the Secretary of the Interior or the Secretary of the Environment are transferred to that Secretary for appropriate allocation. (b) Personnel.-- (1) In general.--The personnel employed in connection with the offices, components, and functions transferred by this Act to the Secretary of the Interior or the Secretary of the Environment are transferred to that Secretary for appropriate allocation. (2) Effect.--Any full-time or part-time personnel employed in permanent positions shall not, during the 1-year period beginning on the date of the enactment of this Act, be separated or reduced in grade or compensation because of any transfer under this subsection. SEC. 5. REFERENCES. Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or in any document of or pertaining to an office or component transferred by this Act to the Secretary of the Interior or the Secretary of the Environment-- (1) to the Secretary of Commerce, the Under Secretary of Commerce for Oceans and Atmosphere, or another officer of the office or component, is deemed to refer to the Secretary of the Interior or the Secretary of the Environment, as appropriate; and (2) to the Department of Commerce, the National Oceanic and Atmospheric Administration, or any office or component of that Department or Administration is deemed to refer to the Department of the Interior or the Department of Environmental protection, as appropriate. SEC. 6. SAVINGS PROVISIONS. (a) Legal Documents.--All orders, determinations, rules, regulations, permits, grants, loans, agreements, contracts, certificates, licenses, and privileges-- (1) that have been issued, made, granted, or allowed to become effective by the President, the Secretary of Commerce, the Under Secretary of Commerce for Oceans and Atmosphere, any officer or employee of an office or component transferred by this Act, or any other Government official, or by a court of competent jurisdiction, with respect to functions that are transferred by this Act, and (2) that are in effect on the date of the enactment of this Act (or become effective after such date pursuant to their terms as in effect on such date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary of the Interior, the Secretary of the Environment, another authorized official, or a court of competent jurisdiction, or by operation of law. (b) Proceedings.--The provisions of this Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending before an office or component transferred by this Act on the date of the enactment of this Act, but such 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 Act had not been enacted, and orders issued in any such proceeding 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. Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Suits.--The provisions of this Act shall not affect suits commenced before the date of the enactment of this Act, and 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 Secretary of Commerce or the Under Secretary of Commerce for Oceans and Atmosphere, or by or against any individual in the official capacity of such individual as an officer or employee of an office or component transferred by this Act, shall abate by reason of the enactment of this Act. (e) Continuance of Suits.--If, before the date of the enactment of this Act, any office or component or officer thereof in the official capacity of such officer, is party to a suit, and under this Act any function of such office, component, or officer is transferred to the Secretary of the Interior, the Secretary of the Environment, or any other official of the Department of the Interior or the Department of Environmental Protection, then such suit shall be continued with the Secretary of the Interior, the Secretary of the Environment, or another appropriate official of the Department of the Interior or the Department of Environmental Protection substituted or added as a party. SEC. 7. DEFINITIONS. In this Act-- (1) the term ``function'' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and (2) the term ``office'' includes any office, institute, council, unit, organizational entity, or component thereof.

Ocean and Coastal Management Improvement Act of 1993 - Transfers to the Department of the Interior the following offices and assets of the National Oceanic and Atmospheric Administration: (1) the National Ocean Service; (2) the National Marine Fisheries Service; (3) the Office of Oceanic and Atmospheric Research; (4) the fleet of research and survey vessels; and (5) the National Oceanic and Atmospheric Corps. Transfers to the Department of Environmental Protection (sic) components of the National Ocean Service that carry out coastal management and assessment programs.

Ocean and Coastal Management Improvement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers' Rights Protection Act''. SEC. 2. ENFORCEMENT OF SERVICEMEMBERS CIVIL RELIEF ACT BY THE ATTORNEY GENERAL AND BY PRIVATE CAUSE OF ACTION. (a) General Civil Liability and Enforcement.--The Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by adding at the end the following new title: ``TITLE VIII--CIVIL LIABILITY FOR NONCOMPLIANCE ``SEC. 801. ENFORCEMENT BY THE ATTORNEY GENERAL. ``(a) Enforcement by the Attorney General.--The Attorney General may commence a civil action in any appropriate United States District Court whenever the Attorney General has reasonable cause to believe-- ``(1) that any person or group of persons is engaging in, or has engaged in, a pattern or practice of conduct in violation of any provision of this Act; or ``(2) that any person or group of persons is denying, or has denied, any person or group of persons any protection afforded by any provision of this Act and that such denial raises an issue of general public importance. ``(b) Relief That May Be Granted in Civil Actions.--In a civil action under subsection (a), the court-- ``(1) may enter any temporary restraining order, temporary or permanent injunction, or other order as may be appropriate; ``(2) may award monetary damages to a servicemember, dependent, or other person protected by any provision of this Act who is harmed by the failure to comply with any provision of this Act, including consequential and punitive damages; and ``(3) may, to vindicate the public interest, assess a civil penalty against each defendant-- ``(A) in an amount not exceeding $55,000 for a first violation; and ``(B) in an amount not exceeding $110,000 for any subsequent violation. ``(c) Intervention in Civil Actions.--Upon timely application, a servicemember, dependent, or other person protected by any provision of this Act may intervene in a civil action commenced by the Attorney General that involves an alleged violation of any provision of this Act or a denial of any protection afforded by any provision of this Act with respect to which such person claims to be harmed. The court may grant to any such intervening party appropriate relief as is authorized under subsection (b)(1) or (b)(2). The court may also, in its discretion, grant a prevailing intervening party reasonable attorneys' fees and costs. ``SEC. 802. PRIVATE CAUSES OF ACTION. ``A servicemember, dependent, or other person protected by any provision of this Act may commence an action in any appropriate United States District Court or in a State court of competent jurisdiction to enforce any requirement imposed or protection afforded by any provision of this Act. The court may grant to any such servicemember, dependent, or person such appropriate relief as is authorized under section 801(b)(1) or (b)(2). The court may also, in its discretion, grant a prevailing party reasonable attorneys' fees and costs. ``SEC. 803. PRESERVATION OF OTHER REMEDIES. ``The remedies provided under sections 801 and 802 are in addition to and do not preclude any other causes of action available under Federal or State law or any other remedies otherwise available under Federal or State law, including any award for consequential and punitive damages.''. (b) Applicability.--Title VIII of the Servicemembers Civil Relief Act, as added by subsection (a), shall apply to any cause of action, claim, or action to enforce the Servicemembers Civil Relief Act, or to seek damages or other relief under any provision of that Act, in progress on the date of the enactment of this Act or that may be brought after such date. (c) Conforming Amendments.-- (1) Section 207 of such Act (50 U.S.C. App. 527) is amended by striking subsection (f). (2) Section 301(c) of such Act (50 U.S.C. App. 531(c)) is amended to read as follows: ``(c) Misdemeanor.--Except as provided in subsection (a), a person who knowingly takes part in an eviction or distress described in subsection (a), or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.''. (3) Section 302(b) of such Act (50 U.S.C. App. 532(b)) is amended to read as follows: ``(b) Misdemeanor.--A person who knowingly resumes possession of property in violation of subsection (a), or in violation of section 107 of this Act, or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.''. (4) Section 303(d) of such Act (50 U.S.C. App. 533(d)) is amended to read as follows: ``(d) Misdemeanor.--A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.''. (5) Section 305(h) of such Act (50 U.S.C. App. 535(h)) is amended to read as follows: ``(h) Misdemeanor.--Any person who knowingly seizes, holds, or detains the personal effects, security deposit, or other property of a servicemember or a servicemember's dependent who lawfully terminates a lease covered by this section, or who knowingly interferes with the removal of such property from premises covered by such lease, for the purpose of subjecting or attempting to subject any of such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.''. (6) Section 306(e) of such Act (50 U.S.C. App. 536(e)) is amended to read as follows: ``(e) Misdemeanor.--A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.''. (7) Section 307(c) of such Act (50 U.S.C. App. 537(c)) is amended to read as follows: ``(c) Misdemeanor.--A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.''. (d) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end the following: ``TITLE VIII--CIVIL LIABILITY FOR NONCOMPLIANCE ``Sec. 801. Enforcement by the attorney general. ``Sec. 802. Private causes of action. ``Sec. 803. Preservation of other remedies.''.

Servicemembers' Rights Protection Act - Amends the Servicemembers Civil Relief Act to add a new title authorizing the Attorney General to bring a civil action in U.S. district court to enforce provisions of the Act. Includes under such civil relief restraining orders and injunctions, damages, and penalties. Authorizes a private cause of action for such enforcement by a servicemember, dependent, or other protected person under the Act.

To amend the Servicemembers Civil Relief Act to provide for the enforcement of rights afforded under that Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Road Usage Charge Pilot Program Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) The 2009 report of the National Surface Transportation Infrastructure Financing Commission recommends a transition away from the fuel tax to a more stable funding source, noting that a mileage-based fee system is the consensus choice for policy leaders. (2) The 2008 report of the National Surface Transportation and Revenue Study Commission recommends further study of the implementation of mileage-based fee systems at the State level and of their compatibility with a national revenue system, noting that in the long run, a mileage-based fee system seems the most likely and appropriate method to be implemented. (3) According to the Congressional Budget Office, the revenue raised from the gas tax since its last increase in 1993 has lost over one-third of its purchasing power due to increasing fuel efficiency, changing transportation patterns, and inflation. (4) By 2030, the corporate average fuel economy standards will have reduced Highway Trust Fund receipts by more than 20 percent. (5) The fuel tax revenue mechanism results in some industries paying more than their commensurate road use. SEC. 3. ROAD USAGE CHARGE PILOT PROGRAM. (a) Establishment.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall establish a competitive grant program to be known as the Road Usage Charge Pilot Program (in this Act referred to as the ``Program'') to make grants to eligible entities to-- (1) conduct pilot studies of methods for recording and reporting the number of miles traveled by particular vehicles; (2) conduct pilot studies of payment, enforcement, and privacy protection methods for mileage-based fee systems; and (3) implement mileage-based fee systems in jurisdictions that have adopted a plan for such systems. (b) Application Required.--To be eligible for a grant under the Program, an eligible entity shall submit to the Secretary an application at such time, in such form, and containing such information and assurances as the Secretary may require. (c) Selection of Pilot Studies.--In awarding grants under the Program, the Secretary shall select pilot studies that, in combination, explore means to address the following concerns: (1) Protection of personal privacy. (2) Ease of public compliance. (3) Level of public acceptance. (4) Geographic and income equity. (5) Integration with State and local transportation revenue mechanisms. (6) Administrative issues. (7) Cost. (8) Enforcement issues. (9) Potential for fraud or evasion. (10) Feasibility of implementation. (d) Priority.--In awarding grants under the Program, the Secretary shall give priority to pilot studies that-- (1) serve as a model for broad implementation of a mileage- based fee system; (2) address concerns of rural and urban user equity; (3) involve multistate projects; (4) have a high volume of enrolled vehicles; (5) integrate with State and local revenue systems; (6) integrate with local demand management plans; (7) integrate with other intelligent transportation system technologies; and (8) test the proposed revenue collection system by collecting and distributing revenue. (e) Required Minimum Funds for Planning Organizations.--In awarding grants under the Program, the Secretary shall ensure that not less than 10 percent of funds available under the Program in a fiscal year are reserved for pilot studies carried out in conjunction with metropolitan planning organizations or regional transportation planning organizations. (f) Cost Sharing.--An eligible entity that receives a grant under this Act shall provide funds, from non-Federal sources, in an amount equal to 20 percent of the amount of grant funds provided to the entity to carry out the activities supported by the grant. SEC. 4. WORKING GROUP. (a) Establishment.--The Secretary, in consultation with the Secretary of Transportation, shall establish a working group that shall-- (1) evaluate the technology platforms and standards used in the program and develop national technology standards for a road usage charge, as well as develop national privacy standards for a road usage charge that balance the effectiveness of revenue systems with user privacy; (2) evaluate the costs of collection and administration of the methods studied in the Program and the success of such methods in achieving rural and urban user equity; and (3) evaluate the potential of the methods studied in the Program to manage demand and reduce the emission of greenhouse gases. (b) Membership.--The working group established under subsection (a) shall be comprised of no fewer than 10 members, including at least 1 individual representing each of the following: (1) The telecommunications industry. (2) A highway user group. (3) The data security and privacy industry. (4) A privacy rights advocacy organization. (5) A State or regional transportation agency. (6) A national research and policymaking body. SEC. 5. REPORTS. (a) Interim Report.--Not later than 2 years after the date of the first disbursement of funds under a grant under the Program, the Secretary shall submit to Congress an interim report describing the progress of the Program, the progress of the working group established under section 4(a), and any data or results from the Program. (b) Final Report.--Not later than 4 years after the date of the first disbursement of funds under a grant under the Program, the Secretary shall submit to Congress a final report containing data and results from the Program, an analysis of the feasibility of each method studied to be used as a mileage-based fee system, and the evaluations done by the working group established under section 4(a). SEC. 6. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means one or more of the following: (A) A State government or political subdivision thereof. (B) A local government or political subdivision thereof. (C) A metropolitan planning organization. (D) A regional transportation planning organization. (E) A tribal organization. (2) Metropolitan planning organization.--The term ``metropolitan planning organization'' has the meaning given that term in section 134(b) of title 23, United States Code. (3) Regional transportation planning organization.--The term ``regional transportation planning organization'' has the meaning given that term in section 134(b) of title 23, United States Code. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Grant Program.--There is authorized to be appropriated $30,000,000 to carry out section 3, to remain available until expended. (b) Working Group and Report.--There is authorized to be appropriated $2,500,000 to carry out section 4 and $2,500,000 to carry out section 5, to remain available until expended.

Road Usage Charge Pilot Program Act of 2015 Directs the Secretary of the Treasury to establish the Road Usage Charge Pilot Program to make competitive grants to state or local governments, or metropolitan planning, regional transportation planning, or tribal organizations to conduct pilot studies on implementing mileage-based fee systems as a method for funding transportation highway projects. Directs the Secretary to establish a working group to: develop national technology standards for a road usage charge, as well as national privacy standards for such a charge that balance the effectiveness of revenue systems with user privacy; and evaluate the potential of the methods studied in the program to manage demand and reduce the emission of greenhouse gases.

Road Usage Charge Pilot Program Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Model Alternative Publicly Accountable Schools Act of 2003''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Because of its extensive use of public charter schools and transformation schools, the District of Columbia has become a leading national model for providing children and parents with alternatives to traditional public schools. (2) The District of Columbia has the largest number of public charter schools per capita in the Nation. (3) Despite the unavailability of adequate facilities and play areas at the District of Columbia's public charter schools, they have proved a remarkable success. The attractiveness of these schools to parents has increased exponentially, as demonstrated by the extensive wait lists for admission. (4) By designating certain low-performing schools as transformation schools and providing these schools with increased resources and specialized attention, the District of Columbia is making a significant difference in the performance of low-income and other children who attend these schools. (5) Many school districts have failed to establish charter schools, and many are only beginning to consider removing low- performing schools from the procedures applicable to traditional public schools, as the District of Columbia has done in establishing transformation schools from the low- performing traditional public schools. (6) The District of Columbia experience should be encouraged and further developed so that it can be used by other school districts as a model for offering public school alternatives that provide services similar to the those available to targeted assistance schools under section 1115 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6315) and charter schools under part B of title V of that Act (20 U.S.C. 7221 et seq.). SEC. 3. PURPOSES. The purposes of this Act are the following: (1) To provide a model for school districts in the United States using and building on the experience of the District of Columbia in establishing fully accountable public alternatives to traditional public schools. (2) To illustrate the range of public education possibilities, including-- (A) public transformation schools that focus on providing low-income children and other children from low-performing schools residing in the District of Columbia and their parents with expanded opportunities and enriched resources; and (B) public charter schools in the District of Columbia, for children whose parents so choose. SEC. 4. EXPANSION OF OPPORTUNITIES FOR LOW-INCOME PARENTS IN D.C. TO ENROLL THEIR CHILDREN IN HIGHER-PERFORMING SCHOOLS. (a) Public Transformation Schools.-- (1) In general.--There are authorized to be appropriated for public transformation schools in the District of Columbia $12,000,000 for fiscal year 2004 and such sums as may be necessary for each of the succeeding 4 fiscal years, to be used to expand opportunities for students in the District of Columbia to attend such schools and to fund the additional services that are necessary to achieve continued improvements in the performance of the children in these schools. (2) Public transformation school defined.--In this subsection, the term ``public transformation school'' means a public elementary or secondary school that-- (A) is designated as a transformation school by the Superintendent of the District of Columbia Public Schools; and (B) is eligible for a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314) or targeted assistance under section 1115 of such Act (20 U.S.C. 6315). (b) Public Charter Schools.--There are authorized to be appropriated to the Direct Loan Fund for Charter School Improvement (established under section 143(b) of the District of Columbia Appropriations Act, 2003 (Public Law 108-7; 117 Stat. 131)) $3,000,000 for fiscal year 2004 and such sums as may be necessary for each of the succeeding 4 fiscal years, to be used to expand opportunities for students in the District of Columbia to attend public charter schools in the District of Columbia. (c) Authorizations in Additional to Other Funds.--Any authorization of appropriations under this section is in addition to any other authorizations of appropriations available for the purposes of this Act. SEC. 5. REPORTING REQUIREMENTS FOR SCHOOLS RECEIVING ASSISTANCE. Not later than 90 days after the end of each academic year, the State Education Agency for the District of Columbia shall prepare and submit to the Congress and the Mayor and City Council of the District of Columbia a report on the progress for the academic year of all of the public transformation schools and public charter schools in the District that receive funds under this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $15,000,000 for fiscal year 2004 and such sums as may be necessary for each of the succeeding 4 fiscal years.

Model Alternative Publicly Accountable Schools Act of 2003 - Authorizes appropriations for: (1) public transformation schools in the District of Columbia to expand opportunities for low-income District parents to enroll their children in higher-performing schools, and to fund the additional services necessary to achieve continued improvements in the performance of such students; and (2) the Direct Loan Fund for Charter School Improvement, to be used to expand opportunities for District students to attend charter schools in the District.

To provide a model for school districts in the United States using and building on the experience of the District of Columbia in establishing fully accountable public alternatives to traditional public schools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety and Protection Act of 1993''. SEC. 2. SYSTEM FOR REGULATION OF HANDGUNS AND HANDGUN AMMUNITION. (a) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(29) The term `handgun' means any firearm, including a pistol or revolver, that is designed to be fired by the use of a single hand, and any combination of parts from which such a firearm can be assembled. ``(30) The term `handgun ammunition' means ammunition that is designed for use primarily in a handgun. ``(31) The term `handgun club' means a club that is organized and is operated for target shooting with handguns, and the term `licensed handgun club' means a handgun club licensed under section 923(l). ``(32) The term `authorized security guard service' means a private entity that is authorized under State and local law to conduct a business of providing security services.''. (b) Prohibitions.--Section 922 of such title is amended by adding at the end the following: ``(s)(1) It shall be unlawful for any person to possess or transfer a handgun or handgun ammunition, except as provided in this subsection. ``(2) Any of the following persons may transfer a handgun or handgun ammunition to any other of the following persons: ``(A) A member of a licensed handgun club. ``(B) An authorized security guard service. ``(C) A person licensed under section 923. ``(3)(A) A member of a licensed handgun club may possess a handgun or handgun ammunition on the premises of the club. ``(B) An individual authorized by a State to provide security services and employed as a security guard may possess a handgun or handgun ammunition within the scope of such employment. ``(C) An individual certified or commissioned as a police officer under the laws of the United States or of any State or political subdivision thereof may possess a handgun or handgun ammunition at any location within the scope of the certification or commission. ``(D) A person described in paragraph (2) of this subsection may possess a handgun or handgun ammunition owned by a person licensed under section 923 at the location specified on the license. ``(E) A person licensed under section 923 may transport a handgun or handgun ammunition, title to which has been lawfully transferred under paragraph (2) of this subsection, directly to a location where the transferee may lawfully possess the handgun or handgun ammunition, but only in accordance with regulations prescribed by the Secretary. ``(4) Paragraph (1) shall not apply to the United States or any department or agency thereof, or any State or any department, agency, or political subdivision thereof.''. (c) Licensing of Handgun Clubs.--Section 923 of such title is amended by adding at the end the following: ``(l)(1) Any person desiring to be licensed as a handgun club may file an application for the license with the Secretary. ``(2) The application shall be in such form and contain only such information as the Secretary shall by regulation prescribe. ``(3) The Secretary shall approve an application for a license under this subsection if-- ``(A) the applicant is a handgun club that-- ``(i) has not willfully failed to disclose any material information required in, and has not made any false statement as to any material fact in connection with, the application; ``(ii) has been founded and operates for bona fide target shooting; ``(iii) has premises from which it operates; ``(iv) maintains possession and control of the handguns used by its members at all times when they are not in the possession of club members; ``(v) has procedures and facilities on its premises for keeping handguns in a secure place, under the control of a designated officer of the club at all times when they are not being used for target shooting; and ``(vi) meets all requirements that the Secretary may prescribe by regulation; and ``(B) no member of the club-- ``(i) is a person whose membership and participation in the club is in violation of State or local law; ``(ii) is prohibited from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce under subsection (g) or (h) of section 922; or ``(iii) has willfully violated this chapter or any regulation issued under this chapter. ``(4) If the Secretary approves an application for a license under this subsection, then, upon payment by the applicant of a $100 fee, the Secretary shall issue to the applicant a license entitling the applicant to operate as a licensed handgun club. ``(5) A license issued under this subsection shall expire 1 year after the date of issuance. ``(6) The Secretary may, after notice and opportunity for a hearing, revoke any license issued under this subsection if the holder of the license fails to continue to meet the requirements of paragraph (3).''. (d) Recordkeeping; Inspections.--Section 923 of such title, as amended by subsection (c) of this section, is amended by adding at the end the following: ``(m) Any person who transfers a handgun or handgun ammunition shall-- ``(1) maintain a record of the transfer in such form as the Secretary may by regulation provide; and ``(2) permit the Secretary to enter the premises of the person (and, if the person is a member of a licensed handgun club, the premises of the club) at reasonable times for the purpose of inspecting the record.''. (e) Report of Loss or Theft.--Section 923 of such title, as amended by subsections (c) and (d) of this section, is amended by adding at the end the following: ``(n) Not later than 30 days after a person discovers the loss by the person or the theft from the person of a handgun, handgun ammunition, or a record required to be maintained under this chapter, the person shall report the loss or theft to the Secretary.''. (f) Penalties.--Section 924(a) of such title is amended-- (1) in paragraph (1)-- (A) in the matter before subparagraph (A), by striking ``paragraph (2) or (3) of''; and (B) in subparagraph (B), by striking ``or (q)'' and inserting ``(r), or (s)''; and (2) by adding at the end the following: ``(5)(A) A person who violates section 923(n) shall pay to the Secretary a civil penalty in an amount determined by the Secretary, of not less than $2,000 nor more than $5,000. ``(B) A person shall pay to the Secretary a civil penalty in an amount determined by the Secretary, of not less than $1,000 nor more than $5,000, if the person-- ``(i) violates section 922(s)(3)(E) or 923(m); or ``(ii) makes a false statement or representation with respect to any matter covered by subsection (l) or (m) of section 923. ``(C) Any handgun or handgun ammunition involved or used in, or intended to be used in, a violation of this chapter or any regulation issued under this chapter, or any violation of any other criminal law of any State or the United States, shall be subject to seizure and forfeiture.''. (g) Rule of Construction.--The amendments made by this section shall not be construed as modifying or affecting any provision of-- (1) the National Firearms Act (chapter 53 of the Internal Revenue Code of 1956); (2) section 414 of the Mutual Security Act of 1954 (22 U.S.C. 1934), relating to munitions control; or (3) section 1715 of title 18, United States Code, relating to nonmailable firearms. (h) Effective Date.--The amendments made by this section shall apply to conduct engaged in after the 180-day period that begins with the date of the enactment of this Act. SEC. 3. REPEAL OF PROHIBITIONS AGAINST RECORDING FIREARMS RECORDS AT, OR TRANSFERRING SUCH RECORDS TO, A PUBLIC FACILITY, AND ESTABLISHING A SYSTEM FOR REGISTRATION OF FIREARMS, FIREARMS OWNERS, OR FIREARMS DISPOSITIONS. Section 926(a) of title 18, United States Code, is amended by striking the 2nd and 3rd sentences. SEC. 4. RESTORATION OF RECORDKEEPING REQUIREMENTS FOR DEALERS SELLING FIREARMS FROM PERSONAL COLLECTIONS. Section 923 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``only that information necessary to determine eligibility for licensing'' and inserting ``such information''; (2) in subsection (b), by striking ``only that information necessary to determine eligibility'' and inserting ``such information''; and (3) in subsection (c), by striking ``: Provided, That no other recordkeeping shall be required'' and inserting ``, and any other recordkeeping as may be prescribed by the Secretary''. SEC. 5. STANDARD OF PROOF FOR REVOCATION OF FIREARMS LICENSES. Section 923(e) of title 18, United States Code, is amended by striking ``willfully'' each place such term appears. SEC. 6. INCREASE IN LICENSE FEES; MORE FREQUENT EXPIRATION OF CERTAIN LICENSES. (a) Increase in License Fee.--Section 923(a) of title 18, United States Code, is amended-- (1) by striking ``$1,000'' each place such term appears and inserting ``$5,000''; (2) by striking ``$50'' each place such term appears and inserting ``$3,500''; (3) by striking ``$25'' and inserting ``$500''; and (4) by striking ``$10'' each place such term appears and inserting ``$3,000''. (b) Annual Expiration of Dealers' Licenses.--Section 923(c) of such title is amended by inserting after the 1st sentence the following: ``If the qualified applicant is a dealer described in subsection (a)(3)(C), the period stated in the license shall be 1 year.''. SEC. 7. STATE AND LOCAL FIREARMS LICENSES REQUIRED AS A CONDITION OF FEDERAL LICENSE TO DEAL IN FIREARMS. (a) License Applicants.--Section 923(d)(1) of title 18, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ``; and''; (3) by adding at the end the following: ``(F) in the case of an application to engage in the business of dealing in firearms, the applicant has obtained any license, permit, or other document required under State or local law to engage in such a business.''. (b) License Holders.--Section 923(e) of such title is amended by inserting ``or of State or local law relating to firearms,'' before ``or any rule''. SEC. 8. PROHIBITION AGAINST DEALING IN FIREARMS FROM A PRIVATE RESIDENCE. Section 923(d)(1)(E)(i) of title 18, United States Code, is amended by inserting ``, and which do not contain living quarters unless such business is conducted or is intended to be conducted in a part of the premises that is (and the customer entrance to such part is) wholly separate from such living quarters'' before the comma. SEC. 9. REGULATIONS GOVERNING SECURE STORAGE OF FIREARMS. Section 926 of title 18, United States Code, is amended by adding at the end the following: ``(d) The Secretary shall prescribe regulations requiring the secure storage of firearms by licensed dealers.''. SEC. 10. REGULATION BY THE CONSUMER PRODUCT SAFETY COMMISSION. Section 3(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(1)) is amended-- (1) by striking subparagraph (E), and (2) by striking ``described in subparagraph (E) of this paragraph or''.

Public Safety and Protection Act of 1993 - Amends the Federal criminal code to prohibit the possession or transfer of a handgun or handgun ammunition, with exceptions, including: (1) transfers among members of a licensed handgun club, an authorized security guard service, and specified others licensed under the code; and (2) possession by members of a licensed handgun club on the premises of the club, by an individual authorized by a State to provide security services and employed as a security guard within the scope of employment, and by an individual certified or commissioned as a police officer under Federal, State, or local law at any location within the scope of the certification or commission. Makes such prohibition inapplicable to the United States or any department or agency thereof, or to any State or any department, agency, or political subdivision thereof. Sets forth: (1) requirements for the licensing of handgun clubs, recordkeeping, and the inspection of the premises of such clubs, and theft and loss reporting requirements; and (2) penalties for violations, including seizure and forfeiture of handguns or handgun ammunition. Repeals: (1) prohibitions against recording firearms records at, or transferring such records to, a public facility and against establishing a system for the registration of firearms, firearms owners, or firearms dispositions; and (2) limitations on recordkeeping for dealers selling firearms from personal collections. Permits the Secretary of the Treasury to revoke a firearms license if the holder of such license has violated (currently, willfully violated) specified provisions of the Federal criminal code. Increases firearms dealer license fees. Provides for annual expiration of dealers' licenses. Requires such dealers to have obtained any license, permit, or other document required under State or local law to engage in such a business as a condition of obtaining a Federal license to deal in firearms. Prohibits dealing in firearms from a private residence, unless specified conditions are met. Directs the Secretary to prescribe regulations requiring the secure storage of firearms by licensed dealers. Amends the Consumer Product Safety Act to include firearms within the definition of "consumer product."

Public Safety and Protection Act of 1993

SECTION 1. FINANCIAL ASSISTANCE FOR SMALL BUSINESSES OPERATING IN URBAN EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following: ``(23)(A) Out of the amounts appropriated to carry out this subsection, not less than $1,000,000,000 shall be expended in each fiscal year for small business concerns operating in urban areas designated as empowerment zones or enterprise communities pursuant to section 1391 of the Internal Revenue Code of 1986. ``(B) Subparagraph (A) shall apply to any fiscal year beginning after September 30, 1994, in which designations described in subparagraph (A) are in effect.''. SEC. 2. EXCLUSION FOR CAPITAL GAIN FROM NEW INVESTMENTS IN SMALL BUSINESSES OPERATING IN URBAN EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES. (a) In General.--Subchapter U of chapter 1 of the Internal Revenue Code of 1986 (relating to designation and treatment of empowerment zones, enterprise communities, and rural development investment areas) is amended by redesignating part IV as part V and by inserting after part III the following new part: ``PART IV--EXCLUSION FOR CAPITAL GAIN FROM NEW INVESTMENTS IN SMALL BUSINESSES OPERATING IN URBAN EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES ``Sec. 1397D. Exclusion for gain from new investments in small businesses operating in urban empowerment zones and enterprise communities. ``SEC. 1397D. EXCLUSION FOR GAIN FROM NEW INVESTMENTS IN SMALL BUSINESSES OPERATING IN URBAN EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES. ``(a) General Rule.--In the case of an individual, gross income shall not include any qualified capital gain recognized on the sale or exchange of a qualified zone asset held for more than 5 years. ``(b) Qualified Zone Asset.--For purposes of this section: ``(1) In general.--The term `qualified zone asset' means-- ``(A) any qualified zone stock, ``(B) any qualified zone business property, and ``(C) any qualified zone partnership interest. ``(2) Qualified zone stock.-- ``(A) In general.--Except as provided in subparagraph (B), the term `qualified zone stock' means any stock in a domestic corporation if-- ``(i) such stock is acquired by the taxpayer on original issue from the corporation solely in exchange for cash, ``(ii) as of the time such stock was issued, such corporation was a small urban enterprise zone business (or, in the case of a new corporation, such corporation was being organized for purposes of being a small urban enterprise zone business), and ``(iii) during substantially all of the taxpayer's holding period for such stock, such corporation qualified as a small urban enterprise zone business. ``(B) Redemptions.--The term `qualified zone stock' shall not include any stock acquired from a corporation which made a substantial stock redemption or distribution (without a bona fide business purpose therefor) in an attempt to avoid the purposes of this section. ``(3) Qualified zone business property.--The term `qualified zone business property' means tangible property if-- ``(i) such property was acquired by the taxpayer by purchase (as defined in section 179(d)(2)) after the date on which the designation of the urban tax enterprise zone took effect, ``(ii) the original use of such property in such an urban tax enterprise zone with the taxpayer, and ``(iii) during substantially all of the taxpayer's holding period for such property, substantially all of the use of such property was in an urban tax enterprise zone and in a small urban enterprise zone business of the taxpayer. ``(A) Special rule for substantial improvements.-- The requirements of clauses (i) and (ii) of subparagraph (A) shall be treated as satisfied with respect to-- ``(i) property which is substantially improved by the taxpayer, and ``(ii) any land on which such property is located. For purposes of the preceding sentence, property shall be treated as substantially improved by the taxpayer if, during any 24-month period beginning after the date on which the designation of the urban tax enterprise zone took effect, additions to basis with respect to such property in the hands of the taxpayer exceed the greater of (i) an amount equal to the adjusted basis at the beginning of such 24-month period in the hands of the taxpayer, or (ii) $5,000. ``(B) Limitation on land.--The term `qualified zone business property' shall not include land which is not an integral part of a qualified business (as defined in section 1397B(d)). ``(4) Qualified zone partnership interest.--The term `qualified zone partnership interest' means any interest in a partnership if-- ``(A) such interest is acquired by the taxpayer from the partnership solely in exchange for cash, ``(B) as of the time such interest was acquired, such partnership was a small urban enterprise zone business (or, in the case of a new partnership, such partnership was being organized for purposes of being a small urban enterprise zone business), and ``(C) during substantially all of the taxpayer's holding period for such interest, such partnership qualified as a small urban enterprise zone business. A rule similar to the rule of paragraph (2)(C) shall apply for purposes of this paragraph. ``(5) Treatment of subsequent purchasers.--The term `qualified zone asset' includes any property which would be a qualified zone asset but for paragraph (2)(A)(i), (3)(A)(ii), or (4)(A) in the hands of the taxpayer if such property was a qualified zone asset in the hands of any prior holder. ``(6) 10-year safe harbor.--If any property ceases to be a qualified zone asset by reason of paragraph (2)(A)(iii), (3)(A)(iii), or (4)(C) after the 10-year period beginning on the date the taxpayer acquired such property, such property shall continue to be treated as meeting the requirements of such paragraph; except that the amount of gain to which subsection (a) applies on any sale or exchange of such property shall not exceed the amount which would be qualified capital gain had such property been sold on the date of such cessation. ``(7) Treatment of zone terminations.--The termination of any designation of an area as a urban tax enterprise zone shall be disregarded for purposes of determining whether any property is a qualified zone asset. ``(c) Small Urban Enterprise Zone Business; Urban Tax Enterprise Zone.--For purposes of this section: ``(1) Small urban enterprise zone business.--The term `small urban enterprise zone business' means an enterprise zone business (as defined in section 1397B) which normally employs 500 or fewer employees on any day during the taxable year; except that, in applying section 1397B for such purposes-- ``(A) references to empowerment zones shall be treated as references only to urban tax enterprise zones, and ``(B) the term `qualified business' shall not include any trade or business of producing property of a character subject to the allowance for depletion under section 611. ``(B) Urban tax enterprise zone.--The term `urban tax enterprise zone' means any empowerment zone, and any enterprise community, which is located in an urban area. ``(d) Other Definitions and Special Rules.--For purposes of this section: ``(1) Qualified capital gain.--Except as otherwise provided in this subsection, the term `qualified capital gain' means any long-term capital gain. ``(2) Certain gain on real property not qualified.--The term `qualified capital gain' shall not include any gain which would be treated as ordinary income under section 1250 if section 1250 applied to all depreciation rather than the additional depreciation. ``(3) Gain attributable to periods after termination of zone designation not qualified.--The term `qualified capital gain' shall not include any gain attributable to periods after the termination of any designation of an area as an urban tax enterprise zone. ``(e) Treatment of Pass-Thru Entities.-- ``(1) Sales and exchanges.--Gain on the sale or exchange of an interest in a pass-thru entity held by the taxpayer (other than an interest in an entity which was a small urban enterprise zone business during substantially all of the period the taxpayer held such interest) for more than 5 years shall be treated as gain described in subsection (a) to the extent such gain is attributable to amounts which would be qualified capital gain on qualified zone assets (determined as if such assets had been sold on the date of the sale or exchange) held by such entity for more than 5 years and throughout the period the taxpayer held such interest. A rule similar to the rule of paragraph (2)(C) shall apply for purposes of the preceding sentence. ``(2) Income inclusions.-- ``(A) In general.--Any amount included in income by reason of holding an interest in a pass-thru entity (other than an entity which was a small urban enterprise zone business during substantially all of the period the taxpayer held the interest to which such inclusion relates) shall be treated as gain described in subsection (a) if such amount meets the requirements of subparagraph (B). ``(B) Requirements.--An amount meets the requirements of this subparagraph if-- ``(i) such amount is attributable to qualified capital gain recognized on the sale or exchange by the pass-thru entity of property which is a qualified zone asset in the hands of such entity and which was held by such entity for the period required under subsection (a), and ``(ii) such amount is includible in the gross income of the taxpayer by reason of the holding of an interest in such entity which was held by the taxpayer on the date on which such pass-thru entity acquired such asset and at all times thereafter before the disposition of such asset by such pass-thru entity. ``(C) Limitation based on interest originally held by taxpayer.--Subparagraph (A) shall not apply to any amount to the extent such amount exceeds the amount to which subparagraph (A) would have applied if such amount were determined by reference to the interest the taxpayer held in the pass-thru entity on the date the qualified zone asset was acquired. ``(3) Pass-thru entity.--For purposes of this subsection, the term `pass-thru entity' means-- ``(A) any partnership, ``(B) any S corporation, ``(C) any regulated investment company, and ``(D) any common trust fund. ``(f) Sales and Exchanges of Interests in Partnerships and S Corporations Which are Qualified Zone Businesses.--In the case of the sale or exchange of an interest in a partnership, or of stock in an S corporation, which was a small urban enterprise zone business during substantially all of the period the taxpayer held such interest or stock, the amount of qualified capital gain shall be determined without regard to-- ``(1) any intangible, and any land, which is not an integral part of any qualified business (as defined in section 1397B(d)), and ``(2) gain attributable to periods before the designation of an area as an urban tax enterprise zone. ``(g) Certain Tax-Free and Other Transfers.--For purposes of this section: ``(1) In general.--In the case of a transfer of a qualified zone asset to which this subsection applies, the transferee shall be treated as-- ``(A) having acquired such asset in the same manner as the transferor, and ``(B) having held such asset during any continuous period immediately preceding the transfer during which it was held (or treated as held under this subsection) by the transferor. ``(2) Transfers to which subsection applies.--This subsection shall apply to any transfer-- ``(A) by gift, ``(B) at death, or ``(C) from a partnership to a partner thereof of a qualified zone asset with respect to which the requirements of subsection (d)(2) are met at the time of the transfer (without regard to the 5-year holding requirement). ``(3) Certain rules made applicable.--Rules similar to the rules of section 1244(d)(2) shall apply for purposes of this section.'' (b) Technical Amendments.-- (1) Section 172(d)(2)(B) of such Code (relating to modifications with respect to net operating loss deduction) is amended to read as follows: ``(B) the exclusions provided by sections 1202 and 1397D shall not be allowed.'' (2) Paragraph (4) of section 642(c) of such Code is amended-- (A) by inserting ``or 1397D(a)'' after ``section 1202(a)'', and (B) by striking ``section 1202'' and inserting ``such section''. (3) The last sentence of paragraph (3) of section 643(a) of such Code is amended to read as follows: ``The exclusions under sections 1202 and 1397D shall not be taken into account.'' (4) Paragraph (4) of section 691(c) of such Code is amended by inserting ``1397D,'' after ``1201,''. (5) The second sentence of paragraph (2) of section 871(a) of such Code is amended by striking ``section 1202'' and inserting ``sections 1202 and 1397D''. (6) The section 1397D of such Code contained in part V of subchapter U of chapter 1 of such Code (as redesignated by subsection (a)) is redesignated as section 1397E. (7) The table of parts for subchapter U of chapter 1 of such Code is amended by striking the last item and inserting the following: ``Part IV. Exclusion for capital gain from new investments in small businesses operating in urban empowerment zones and enterprise communities. ``Part V. Regulations.'' (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Amends the Small Business Act to earmark specified funds to be expended after FY 1994 for small businesses operating in urban empowerment zones or enterprise communities (urban tax enterprise zones). Amends the Internal Revenue Code to exclude from gross income qualified capital gain recognized on the sale or exchange of an urban tax enterprise zone asset held for more than five years. Describes such assets as enterprise zone stock, business property, and partnership interests.

To amend the Small Business Act to provide financial assistance to small businesses operating in urban empowerment zones and enterprise communities and to amend the Internal Revenue Code of 1986 to allow individuals an exclusion for capital gain from new investments in those small businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Highway Trust Fund Commission Act of 2003''. SEC. 2. NATIONAL COMMISSION ON FUTURE REVENUE SOURCES TO SUPPORT THE HIGHWAY TRUST FUND. (a) Establishment.--The Secretary of Transportation shall establish a National Commission on Future Revenue Sources to Support the Highway Trust Fund. (b) Function.--The Commission shall-- (1) conduct a comprehensive investigation of alternatives to replace the fuel tax as the principal revenue source to support the Highway Trust Fund over at least the next 30 years; (2) consult with the Secretary of Transportation and the Secretary of the Treasury to assure that their views concerning essential attributes of Highway Trust Fund revenue alternatives are understood; (3) consult with the American Association of State Highway and Transportation Officials to assure that State transportation agency views on alternative revenue sources to support State transportation improvement programs are appropriately considered and that any recommended Federal financing strategy take into account State financial requirements; and (4) make, based on the investigation, specific recommendations regarding actions that need to be taken to develop alternative revenue sources to support the Highway Trust Fund and when those actions must be taken. (c) Specific Matters To Be Addressed.--The investigation under subsection (b) shall address specifically-- (1) advantages and disadvantages of alternative revenue sources to meet anticipated Federal surface transportation financial requirements; (2) the time frame within which actions must be taken to transition from the fuel tax to alternative revenue sources to support the Highway Trust Fund; (3) recommendations concerning alternative revenue sources to support long-term Federal surface transportation financing requirements; (4) development of a broad transition strategy to move from the current tax base to new funding mechanisms, including the time frame for various aspects of the transition strategy; (5) recommendations for additional research that may be needed to implement recommended alternatives; and (6) the extent to which revenues should reflect the relative use of the highway system. (d) Factors To Consider and Evaluate.--The investigation under subsection (b) shall take into account findings, conclusions, and recommendations of recent studies by the Transportation Research Board on alternatives to the fuel tax to support highway program financing and relevant prior research completed by the Department of Transportation, the Department of Energy, and others. In developing recommendations under subsection (b), the Commission shall consider-- (1) the ability to generate sufficient revenues to meet anticipated long term surface transportation financing needs; (2) the roles of the various levels of government and the private sector in meeting future surface transportation financing needs; (3) administrative costs, including enforcement, to implement each option; (4) potential taxpayer privacy concerns; (5) likely technological advances that could ease implementation of each option; (6) alternative transportation vehicles, including various alternative-fueled vehicles; (7) the equity and economic efficiency of each option; (8) the flexibility of different options to allow various pricing alternatives to be implemented; and (9) potential compatibility issues with States' tax mechanisms under each alternative. (e) Membership.-- (1) Appointment.--The Commission shall be composed of 9 members as follows: (A) Three members appointed by the President. (B) Three members appointed by the Speaker of the House of Representatives. (C) Three members appointed by the majority leader of the Senate. (2) Qualifications.--Members appointed under paragraph (2) shall have experience in public finance, surface transportation program administration, managing organizations that use surface transportation facilities, academic research into related issues, or other activities that provide unique perspectives on current and future requirements for revenue sources to support the Highway Trust Fund. (3) Terms.--Members shall be appointed for the life of the Commission. (4) Vacancies.--A vacancy on the Commission shall be filled in the manner in which the original appointment was made. (5) Travel expenses.--Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (6) Chairman.--The Chairman of the Commission shall be elected by the members. (f) Staff.--The Commission may engage the services of an appropriate organization, agency, or firm to conduct the investigation under subsection (b). The Commission shall provide strategic guidance for the investigation. Upon request of the Commission, the Secretary may detail, on a reimbursable basis, any of the personnel of that department to the Commission to assist it in carrying out its duties under this section. The staff of the Secretary shall cooperate with the Commission in the investigation, including providing nonconfidential data and information as necessary to conduct the investigation. (g) Administrative Support Services.--Upon the request of the Commission, the Secretary shall provide to the Commission, on a reimbursable basis, the administrative support and services necessary for the Commission to carry out its responsibilities under this section. (h) Report and Recommendations.--Not later than September 30, 2006, the Commission shall transmit to Congress a final report on the results of the investigation conducted under this section and specific recommendations to address the needs identified in the investigation. (i) Relationship to Other Laws.--The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to the Commission. (j) Termination.--The Commission shall terminate on the 180th day following the date of transmittal of the report under subsection (h). By such 180th day, all records and papers of the Commission shall be delivered to the Administrator of the General Services for deposit in the National Archives. (k) Authorization of Appropriations.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $2,000,000 for fiscal year 2004 to carry out this section. (l) Applicability of Title 23.--Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of the investigation and the Commission under this section shall be 100 percent, and such funds shall remain available until expended.

Highway Trust Fund Commission Act of 2003 - Directs the Secretary of Transportation to establish a National Commission on Future Revenue Sources to Support the Highway Trust Fund to investigate and recommend alternatives to replace the fuel tax as the principal revenue source to support the Highway Trust Fund (HTF) over at least the next 30 years. Directs the Commission to consider: (1) the ability to generate sufficient revenues to meet anticipated long term surface transportation financing needs; (2) the roles of the various levels of government and the private sector; (3) administrative costs; (4) potential taxpayer privacy concerns; (5) likely technological advances; (6) alternative transportation vehicles, including alternative-fueled vehicles; (7) the equity and economic efficiency of each option; (8) the flexibility of different options to allow various pricing alternatives to be implemented; and (9) potential compatibility issues with States' tax mechanisms.

To establish a National Commission to study the Highway Trust Fund.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Armed Forces Reserve and National Guard Dual-Status Review and Modernization Act''. SEC. 2. POSTPONEMENT OF DEADLINE FOR COMPLETION OF CONVERSION OF CERTAIN MILITARY TECHNICIAN (DUAL STATUS) POSITIONS TO POSITIONS OF CIVILIAN EMPLOYMENT BY THE FEDERAL GOVERNMENT. (a) Findings.--Congress makes the following findings: (1) A September 2013 study conducted by a federally funded research and development center found that 21 percent of the military technician (dual status) positions are administrative in nature--the largest category as a percentage of military technician (dual status) positions. The study recommends investigation on whether ``some Dual Status MilTech positions supporting general administration functions could be converted to Title 5 Federal civilian full-time support positions without compromising unit readiness''. The study further recommends investigation on whether ``it is more appropriate to use military full-time support for other reasons (such as currency in military operations and training and augmentation)''. (2) Section 1053 of the National Defense Authorization Act for Fiscal Year 2016 directs the conversion of not fewer than 20 percent of all military technician positions to positions of Federal civilian employment under title 5, United States Code, by January 1, 2017. Section 1084 of the National Defense Authorization Act for Fiscal Year 2017 extends the deadline for that conversion from January 1, 2017, to October 1, 2017. (3) The Department of Defense submitted a report on the management of military technicians in December 2016 that finds that 12.6 percent of the military technician (dual status) positions were administrative in nature, and recommended a conversion of 4.8 percent of such positions to positions of Federal civilian employment. (4) The Chief of the National Guard Bureau testified before Congress in April 2017 that a conversion of 20 percent of military technician (dual status) positions to positions of Federal civilian employment would degrade readiness, but that a lower number could be converted with minimal impact. The Chief of the National Guard Bureau also testified that the Department of Defense had not conducted an analysis of the associated costs and benefits of a conversion of 20 percent of military technician (dual status) positions to positions of Federal civilian employment. (b) Postponement of Deadline for Completion of Conversion.-- Notwithstanding the deadline otherwise specified in paragraph (1) of section 1053(a) of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 113 note) for the completion of the conversion of military technician positions as described in that subsection, the deadline for the completion of such conversion shall be 180 days after the date on which the Secretary of Defense transmits to Congress under paragraph (6) of subsection (c) the report of the working group required by paragraph (5) of that subsection. (c) Working Group on Full Time Support of the Reserve Components.-- (1) In general.--There shall be established in the Department of Defense a working group to be known as the ``Working Group on Full Time Support of the Reserve Components'' (in this subsection referred to as the ``working group''). (2) Co-chairs.--The co-chairs of the working group shall be the following: (A) The Director of the Army National Guard. (B) The Director of the Air National Guard. (C) The Chief of the Army Reserve. (D) The Chief of the Air Force Reserve. (3) Members.--The members of the working group shall include the co-chairs of the working group and such other personnel of the Department of Defense as the Secretary shall appoint from among organizations and elements of the Department with an interest in full time support of the reserve components of the Armed Forces, including the National Guard Bureau and the Adjutants General of the States. (4) Duties.--The working group shall undertake a comprehensive review of full time support of the reserve components of the Armed Forces, including the following: (A) An identification of the missions, purposes, and objectives of military technicians (dual status) in support of an operational reserve force. (B) A review of the posture of current military technician (dual status) positions, and of their current role in meeting the objectives identified pursuant to subparagraph (A). (C) An analysis of potential restructurings of the workforce of military technicians (dual status) in order to identify a restructuring that fully aligns military technician (dual status) positions with objectives for full time support of the reserve components. (D) An identification of the military technician (dual status) positions whose conversion to positions of Federal civilian employment under title 5, United States Code, would best ensure the achievement of objectives for full time support of the reserve components. (E) An assessment of the impact on the readiness of the National Guard for domestic operations of the conversion of positions identified pursuant to subparagraph (D) as described in that subparagraph. (F) An assessment of costs and potential savings associated with the conversion of positions identified pursuant to subparagraph (D) as described in that subparagraph. (5) Report to secretary of defense.--Not later than 180 days after the date of the enactment of this Act, the working group shall submit to the Secretary of Defense a report on the comprehensive review undertaken pursuant to paragraph (4). The report shall include the following: (A) A comprehensive description of the review and the results of the review. (B) The percentage of military technician (dual status) positions whose conversion to positions of Federal civilian employment under title 5, United States Code, would best ensure the achievement of objectives for full time support of the reserve components of the Armed Forces as an operational reserve. (C) A transition plan for implementing a new force structure for full time support of the reserve components, including for the conversion of positions as described in subparagraph (B) which mitigates any risks to readiness identified pursuant to paragraph (4)(E). (D) Recommendations for the reform of personnel management policy for military technician (dual status) positions that address-- (i) the eligibility of military technicians (dual status) for civilian retirement upon retirement from the Armed Forces; and (ii) the process for appealing employment decisions. (E) Recommendations for reforms of compensation and benefits policies for military technician (dual status) positions in order to provide military technicians (dual status) with parity in compensation and benefits with other Federal civilian employees of the Department of Defense under title 5, United States Code. (6) Transmittal of report to congress.--The Secretary shall transmit to the congressional defense committees the report of the working group under paragraph (5), together with such discussion and recommendations in connection with the report as the Secretary considers appropriate. The Secretary shall publish the report, and any such discussions and recommendations, in the Federal Register at the time of transmittal. (7) Congressional defense committees defined.--In this subsection, the term ``congressional defense committees'' has the meaning given that term in section 101(a)(16) of title 10, United States Code.

Armed Forces Reserve and National Guard Dual-Status Review and Modernization Act This bill postpones the deadline for conversion of at least 20% of all military technician (dual status) positions to positions of civilian employment in the federal government until 180 days after the Department of Defense transmits to Congress the report of the Working Group on Full Time Support of the Reserve Components, established by this bill. The working group shall undertake a comprehensive review of full-time support of the reserve components of the Armed Forces, including: an identification of the missions, purposes, and objectives of military technicians (dual status) in support of an operational reserve force; a review of the posture of such positions and their role in meeting such objectives; an analysis of potential workforce restructuring to fully align such positions with objectives for full-time support of the reserve components; an identification of such positions the conversion of which to federal civilian positions would best ensure the achievement of such objectives; an assessment of the impact of such conversion on the readiness of the National Guard for domestic operations; and an assessment of costs and potential savings associated with such conversion.

Armed Forces Reserve and National Guard Dual-Status Review and Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vegetable Oil Use Promotion Act''. SEC. 2. PROMOTION OF INCREASED DEMAND FOR AND USE OF VEGETABLE OILS DERIVED FROM CERTAIN OILSEEDS. (a) Vegetable Oil Industrial Products Fund.-- (1) Establishment.--There is established within the Commodity Credit Corporation a fund to be known as the ``Vegetable Oil Industrial Products Fund'', which shall to be administered and used by the Secretary of Agriculture to carry out subsection (b). (2) Contents of fund.--The Fund shall consist of amounts deposited in the Fund by the Secretary in each of the fiscal years 1995 through 2000 from amounts available to the Commodity Credit Corporation, as follows: (A) $7,800,000 for fiscal year 1995. (B) $15,500,000 for fiscal year 1996. (C) $23,300,000 for fiscal year 1997. (D) $31,100,000 for fiscal year 1998. (E) $38,900,000 for fiscal year 1999. (F) $46,700,000 for fiscal year 2000. (3) Availability of fund.--Amounts in the Fund shall remain available to the Secretary until expended. (b) Use of Fund To Promote Industrial Products Containing Vegetable Oils.--The Secretary shall use amounts in the Fund to make grants to promote the increased commercial use of industrial products that contain, as an ingredient, vegetable oils produced from eligible oilseeds. For each fiscal year in which amounts are available in the Fund, the Secretary shall solicit grant applications from persons whose manufacturing operations are located in the United States and that desire financial assistance to begin or expand production of such industrial products. The applications shall be in such form, shall contain such information, and shall be submitted at such time, as the Secretary may prescribe. On the basis of such applications, the Secretary shall select as grant recipients to the extent practicable those persons whose manufacturing operations will use the greatest possible amount of vegetable oils produced from eligible oilseeds in comparison to the amount of assistance requested. (c) Limitation on Amount of Assistance.--A person may not receive more than 10 percent of the total assistance provided by the Secretary in any fiscal year from the Fund. (d) Annual Estimates of Vegetable Oil Stocks.--Not later than October 1 and April 1 of each fiscal year, the Secretary shall announce an estimate of-- (1) the amount of vegetable oil to be produced in the United States from oilseeds grown in the United States and consumed domestically or exported from the United States during that fiscal year; and (2) the amount of such vegetable oil likely to remain available in public and private stocks in the United States at the end of the marketing year. (e) Activities To Increase Demand for Vegetable Oil.--If the October 1 estimate of end-of-year stocks of vegetable oil produced in the United States from oilseeds grown in the United States, as a percentage of total domestic and export demand, exceeds the average percentage of end-of-year stocks to total demand during fiscal years 1985 through 1994, the Secretary shall use existing authorities to promote an increase in domestic and export demand for such vegetable oil by an amount that will prevent end-of-year stocks from exceeding this level. If the April 1 estimate indicates a significant change in the stocks to use ratio from the October 1 estimate, the Secretary shall adjust the vegetable oil demand expansion activities to reflect this change. The authorities that the Secretary may use to effect an increase in domestic and export demand for such vegetable oil shall include the following: (1) Purchasing for donation to meet critical human dietary needs in developing countries. (2) Purchasing for donation to emerging democracies, with the proceeds from any subsequent sale required to be used for economic development, infrastructure improvements, or activities that foster development of markets for United States agricultural products in recipient countries. (3) Purchasing for donation or discounted sale to producers of industrial products that contain, as an ingredient, vegetable oils produced from eligible oilseeds, to promote the increased commercial use of such products. (f) Definitions.--For purposes of this section: (1) Fund.--The term ``Fund'' means the Vegetable Oil Industrial Products Fund. (2) Oilseeds.--The term ``oilseeds'' means soybeans, corn, cottonseed, sunflower seed, flaxseed, canola, rapeseed, safflower, and mustard seed. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture.

Vegetable Oil Use Promotion Act - Establishes in the Commodity Credit Corporation the Vegetable Oil Industrial Products Fund to promote industrial products containing vegetable oils from specified oilseeds. Directs the Secretary of Agriculture to: (1) make annual estimates of vegetable oil stocks; and (2) engage in activities, including purchases, to increase vegetable oil consumption and demand if stocks exceed certain limits.

Vegetable Oil Use Promotion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Opportunity Patient Empowerment Act of 2006''. SEC. 2. FSA AND HRA TERMINATIONS TO FUND HSAS. (a) In General.--Section 106 of the Internal Revenue Code of 1986 (relating to contributions by employer to accident and health plans) is amended by adding at the end the following new subsection: ``(e) FSA and HRA Terminations to Fund HSAs.-- ``(1) In general.--A plan shall not fail to be treated as a health flexible spending arrangement or health reimbursement arrangement under this section or section 105 merely because such plan provides for a qualified HSA distribution. ``(2) Qualified hsa distribution.--The term `qualified HSA distribution' means a distribution from a health flexible spending arrangement or health reimbursement arrangement to the extent that such distribution-- ``(A) does not exceed the lesser of the balance in such arrangement on September 21, 2006, or as of the date of such distribution, and ``(B) is contributed by the employer directly to the health savings account of the employee before January 1, 2012. Such term shall not include more than 1 distribution with respect to any arrangement. ``(3) Additional tax for failure to maintain high deductible health plan coverage.-- ``(A) In general.--If, at any time during the testing period, the employee is not an eligible individual, then the amount of the qualified HSA distribution-- ``(i) shall be includible in the gross income of the employee for the taxable year in which occurs the first month in the testing period for which such employee is not an eligible individual, and ``(ii) the tax imposed by this chapter for such taxable year on the employee shall be increased by 10 percent of the amount which is so includible. ``(B) Exception for disability or death.--Clauses (i) and (ii) of subparagraph (A) shall not apply if the employee ceases to be an eligible individual by reason of the death of the employee or the employee becoming disabled (within the meaning of section 72(m)(7)). ``(4) Definitions and special rules.--For purposes of this subsection-- ``(A) Testing period.--The term `testing period' means the period beginning with the month in which the qualified HSA distribution is contributed to the health savings account and ending on the last day of the 12th month following such month. ``(B) Eligible individual.--The term `eligible individual' has the meaning given such term by section 223(c)(1). ``(C) Treatment as rollover contribution.--A qualified HSA distribution shall be treated as a rollover contribution described in section 223(f)(5). ``(5) Tax treatment relating to distributions.--For purposes of this title-- ``(A) In general.--A qualified HSA distribution shall be treated as a payment described in subsection (d). ``(B) Comparability excise tax.-- ``(i) In general.--Except as provided in clause (ii), section 4980G shall not apply to qualified HSA distributions. ``(ii) Failure to offer to all employees.-- In the case of a qualified HSA distribution to any employee, the failure to offer such distribution to any eligible individual covered under a high deductible health plan of the employer shall (notwithstanding section 4980G(d)) be treated for purposes of section 4980G as a failure to meet the requirements of section 4980G(b).''. (b) Certain FSA Coverage Disregarded Coverage.--Subparagraph (B) of section 223(c)(1) of such Code (relating to certain coverage disregarded) is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by inserting after clause (ii) the following new clause: ``(iii) for taxable years beginning after December 31, 2006, coverage under a health flexible spending arrangement during any period immediately following the end of a plan year of such arrangement during which unused benefits or contributions remaining at the end of such plan year may be paid or reimbursed to plan participants for qualified benefit expenses incurred during such period if-- ``(I) the balance in such arrangement at the end of such plan year is zero, or ``(II) the individual is making a qualified HSA distribution (as defined in section 106(e)) in an amount equal to the remaining balance in such arrangement as of the end of such plan year, in accordance with rules prescribed by the Secretary.''. (c) Application of Section.-- (1) Subsection (a).--The amendment made by subsection (a) shall apply to distributions on or after the date of the enactment of this Act. (2) Subsection (b).--The amendment made by subsection (b) shall take effect on the date of the enactment of this Act. SEC. 3. REPEAL OF ANNUAL DEDUCTIBLE LIMITATION ON HSA CONTRIBUTIONS. (a) In General.--Paragraph (2) of section 223(b) of the Internal Revenue Code of 1986 (relating to monthly limitation) is amended-- (1) in subparagraph (A) by striking ``the lesser of--'' and all that follows and inserting ``$2,250.'', and (2) in subparagraph (B) by striking ``the lesser of--'' and all that follows and inserting ``$4,500.''. (b) Conforming Amendment.--Section 223(d)(1)(A)(ii)(I) of such Code is amended by striking ``subsection (b)(2)(B)(ii)'' and inserting ``subsection (b)(2)(B)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 4. MODIFICATION OF COST-OF-LIVING ADJUSTMENT. Paragraph (1) of section 223(g) of the Internal Revenue Code of 1986 (relating to cost-of-living adjustment) is amended by adding at the end the following new flush sentence: ``In the case of adjustments made for any taxable year beginning after 2007, section 1(f)(4) shall be applied for purposes of this paragraph by substituting `March 31' for `August 31', and the Secretary shall publish the adjusted amounts under subsections (b)(2) and (c)(2)(A) for taxable years beginning in any calendar year no later than June 1 of the preceding calendar year.''. SEC. 5. CONTRIBUTION LIMITATION NOT REDUCED FOR PART-YEAR COVERAGE. (a) Increase in Limit for Individuals Becoming Eligible Individuals After Beginning of the Year.--Subsection (b) of section 223 of the Internal Revenue Code of 1986 (relating to limitations) is amended by adding at the end the following new paragraph: ``(8) Increase in limit for individuals becoming eligible individuals after the beginning of the year.-- ``(A) In general.--For purposes of computing the limitation under paragraph (1) for any taxable year, an individual who is an eligible individual during the last month of such taxable year shall be treated-- ``(i) as having been an eligible individual during each of the months in such taxable year, and ``(ii) as having been enrolled, during each of the months such individual is treated as an eligible individual solely by reason of clause (i), in the same high deductible health plan in which the individual was enrolled for the last month of such taxable year. ``(B) Failure to maintain high deductible health plan coverage.-- ``(i) In general.--If, at any time during the testing period, the individual is not an eligible individual, then-- ``(I) gross income of the individual for the taxable year in which occurs the first month in the testing period for which such individual is not an eligible individual is increased by the aggregate amount of all contributions to the health savings account of the individual which could not have been made but for subparagraph (A), and ``(II) the tax imposed by this chapter for any taxable year on the individual shall be increased by 10 percent of the amount of such increase. ``(ii) Exception for disability or death.-- Subclauses (I) and (II) of clause (i) shall not apply if the individual ceased to be an eligible individual by reason of the death of the individual or the individual becoming disabled (within the meaning of section 72(m)(7)). ``(iii) Testing period.--The term `testing period' means the period beginning with the last month of the taxable year referred to in subparagraph (A) and ending on the last day of the 12th month following such month.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 6. EXCEPTION TO REQUIREMENT FOR EMPLOYERS TO MAKE COMPARABLE HEALTH SAVINGS ACCOUNT CONTRIBUTIONS. (a) In General.--Section 4980G of the Internal Revenue Code of 1986 (relating to failure of employer to make comparable health savings account contributions) is amended by adding at the end the following new subsection: ``(d) Exception.--For purposes of applying section 4980E to a contribution to a health savings account of an employee who is not a highly compensated employee (as defined in section 414(q)), highly compensated employees shall not be treated as comparable participating employees.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 7. ONE-TIME DISTRIBUTION FROM INDIVIDUAL RETIREMENT PLANS TO FUND HSAS. (a) In General.--Subsection (d) of section 408 of the Internal Revenue Code of 1986 (relating to taxability of beneficiary of employees' trust) is amended by adding at the end the following new paragraph: ``(9) Distribution for health savings account funding.-- ``(A) In general.--In the case of an individual who is an eligible individual (as defined in section 223(c)) and who elects the application of this paragraph for a taxable year, gross income of the individual for the taxable year does not include a qualified HSA funding distribution to the extent such distribution is otherwise includible in gross income. ``(B) Qualified hsa funding distribution.--For purposes of this paragraph, the term `qualified HSA funding distribution' means a distribution from an individual retirement plan (other than a plan described in subsection (k) or (p)) of the employee to the extent that such distribution is contributed to the health savings account of the individual in a direct trustee- to-trustee transfer. ``(C) Limitations.-- ``(i) Maximum dollar limitation.--The amount excluded from gross income by subparagraph (A) shall not exceed the excess of-- ``(I) the annual limitation under section 223(b) computed on the basis of the type of coverage under the high deductible health plan covering the individual at the time of the qualified HSA funding distribution, over ``(II) in the case of a distribution described in clause (ii)(II), the amount of the earlier qualified HSA funding distribution. ``(ii) One-time transfer.-- ``(I) In general.--Except as provided in subclause (II), an individual may make an election under subparagraph (A) only for one qualified HSA funding distribution during the lifetime of the individual. Such an election, once made, shall be irrevocable. ``(II) Conversion from self-only to family coverage.--If a qualified HSA funding distribution is made during a month in a taxable year during which an individual has self-only coverage under a high deductible health plan as of the first day of the month, the individual may elect to make an additional qualified HSA funding distribution during a subsequent month in such taxable year during which the individual has family coverage under a high deductible health plan as of the first day of the subsequent month. ``(D) Failure to maintain high deductible health plan coverage.-- ``(i) In general.--If, at any time during the testing period, the individual is not an eligible individual, then the aggregate amount of all contributions to the health savings account of the individual made under subparagraph (A)-- ``(I) shall be includible in the gross income of the individual for the taxable year in which occurs the first month in the testing period for which such individual is not an eligible individual, and ``(II) the tax imposed by this chapter for any taxable year on the individual shall be increased by 10 percent of the amount which is so includible. ``(ii) Exception for disability or death.-- Subclauses (I) and (II) of clause (i) shall not apply if the individual ceased to be an eligible individual by reason of the death of the individual or the individual becoming disabled (within the meaning of section 72(m)(7)). ``(iii) Testing period.--The term `testing period' means the period beginning with the month in which the qualified HSA funding distribution is contributed to a health savings account and ending on the last day of the 12th month following such month. ``(E) Application of section 72.--Notwithstanding section 72, in determining the extent to which an amount is treated as otherwise includible in gross income for purposes of subparagraph (A), the aggregate amount distributed from an individual retirement plan shall be treated as includible in gross income to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts from all individual retirement plans were distributed. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years.''. (b) Coordination With Limitation on Contributions to HSAs.--Section 223(b)(4) of such Code (relating to coordination with other contributions) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by inserting after subparagraph (B) the following new subparagraph: ``(C) the aggregate amount contributed to health savings accounts of such individual for such taxable year under section 408(d)(9) (and such amount shall not be allowed as a deduction under subsection (a)).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Health Opportunity Patient Empowerment Act of 2006 - Amends Internal Revenue Code provisions relating to high deductible health plans and health savings accounts (HSAs). (Sec. 2) Allows a one-time distribution of amounts in a health flexible spending arrangement or a health reimbursement arrangement to an HSA if such distribution takes place before January 1, 2012. Requires distribution amounts to be included in the gross income of any individual (except a deceased or disabled individual) who fails to maintain coverage in a high deductible health plan and imposes an additional 10% penalty tax on such amounts. Allows certain coverage under a flexible spending arrangement for taxable years after December 31, 2006, to be disregarded for purposes of determining eligibility for high deductible health plan coverage. (Sec. 3) Repeals the deductible limitations on tax deductions for contributions to HSAs. (Sec. 4) Requires inflation adjustments to HSA contribution and deductible amounts to be determined at the end of the 12-month period ending on March 31 (currently, August 31). Requires the Secretary of the Treasury to publish inflation adjustments for HSA contribution and deductible amounts by June 1 of each year. (Sec. 5) Allows individuals who establish an HSA after the beginning of a taxable year to make contributions up to the full annual limit. (Sec. 6) Permits employers to make higher contributions to the HSAs of employees who are not highly compensated. (Sec. 7) Allows a one-time tax-free distribution of individual retirement account (IRA) funds to an HSA. Requires distribution amounts to be included in the gross income of any individual (except a deceased or disabled individual) who fails to maintain coverage in a high deductible health plan and imposes an additional 10% penalty tax on such amounts.

To amend the Internal Revenue Code of 1986 to expand health coverage through the use of high deductible health plans and to encourage the use of health savings accounts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guarding American Trade Enterprises Act'' or the ``GATE Act''. SEC. 2. ENSURING THAT THE FLOW OF CARGO THROUGH UNITED STATES PORTS IS REESTABLISHED AFTER A TRANSPORTATION SECURITY INCIDENT. Section 70103(a)(2)(J) of title 46, United States Code, is amended to read as follows: ``(J) A plan for ensuring that the flow of cargo through United States ports is reestablished as efficiently and quickly as possible after a transportation security incident or instance of attempted transport of any implement of terrorism through the port, that includes the following: ``(i) In the event of a transportation security incident or instance of attempted transport of any implement of terrorism through the port, the Secretary shall execute the plan under this subparagraph, with such modifications as are appropriate under the circumstances that exist. ``(ii) A comprehensive rerouting plan for vessels and maritime cargo developed by the Secretary of Homeland Security in consultation with representatives from the maritime, rail, and trucking industries. ``(iii) Provisions under which-- ``(I) in the event of a transportation security incident or instance of attempted transport of any implement of terrorism through a port, the Captain of the Port may not close a port not directly involved unless the Captain of the Port determines that such closure is necessary to secure vessels or facilities from damage or injury to any harbor or waters of the United States; and ``(II) in making such determination, the Captain of the Port shall take into account the nature and extent of the threat to the safety or security of the port and the effect of such closure on maritime commerce.''. SEC. 3. REQUIREMENT TO DEVELOP AND IMPLEMENT A LONG-RANGE AUTOMATED VESSEL TRACKING SYSTEM. (a) Finding.--The Congress finds that execution of a cargo rerouting plan under the amendment made by section 2 will be greatly aided by the long-range automated vessel tracking system described in section 70115 of title 46, United States Code, and the automatic identification system described in section 70114 of title 46, United States Code. (b) Requirement.--Section 70115 of title 46, United States Code, is amended-- (1) by striking ``The Secretary may develop'' and inserting ``(a) The Secretary shall develop''; and (2) by adding at the end the following: ``(b) The Secretary shall report to the Committee on Transportation and Infrastructure and the Select Committee on Homeland Security of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, a plan to develop and implement a system capable of tracking vessels equipped with the Global Maritime Distress and Safety System or equivalent satellite technology no later than December 31, 2004. The plan should include a timeline for development and deployment, the costs associated with research and development, deployment, and operation and maintenance, the creation of a data monitoring system and center, use of information required under section 70113, and the agency responsible for the development, implementation, operation, and maintenance of such a system. ``(c) The Secretary may use the nonprofit Maritime Information Services of North America Automated Secure Vessel Tracking System as a pilot program for purposes of long-range vessel tracking. ``(d) The Secretary shall require that each Marine Exchange that manages or processes information with amounts made available under this section shall make available regional vessel information to the Federal, State, and local authorities or entities with maritime transportation and security roles. ``(e)(1) There are authorized to be appropriated to the Secretary to establish and operate a secure long-range automated vessel tracking system under this section the following amounts: ``(A) $12,000,000 for the first fiscal year for which amounts are appropriated under this section. ``(B) $10,000,000 for each fiscal year thereafter, including the following amounts: ``(i) $2,000,000 for each fiscal year for building the server farms, computers, hardware, and personnel needs adequate for a full-scale secure long-range automated vessel tracking system capable of tracking 8,000 vessels around the world, with information managed and processed by 12 Marine Exchanges located around the United States at the ports of New York/New Jersey, Philadelphia, Baltimore, Hampton Roads, Florida, New Orleans, Houston, Los Angeles/Long Beach, San Francisco, Portland, Oregon, Seattle, and Alaska, of which $150,000 each fiscal year shall be available for each Ma- rine Exchange. ``(ii) $1,000,000 for each fiscal year for 24-hour- a-day, 7-days-a-week operation of a central coordinating secure automated vessel tracking system command center, including T1 lines, staff, servers, phones, and a building. ``(iii) $3,500,000 for each fiscal year for satellite transmission fees to track 8,000 vessel positions every 3 hours, or at such more frequent rate as may be needed. ``(iv) $3,000,000 for each fiscal year for software and display fees to the Secure Asset Reporting Service, including for software, servers, modifications, and control of access to the system. ``(v) $500,000 for each fiscal year for software modifications, recapitalization of computers, servers, and other matters. ``(2) Amounts appropriated under this subsection shall be managed by the Chief Information Officer of the Department of Homeland Security at such time as the Coast Guard is operating in the Department of Homeland Security.''.

Guarding American Trade Enterprises Act or GATE Act - Amends Federal maritime law to direct the Secretary of Transportation to include within the National Maritime Transportation Security Plan a plan for ensuring that the flow of cargo through U.S. ports is reestablished as efficiently and quickly as possible after a transportation security incident or instance of attempted transport of any implement of terrorism through the port. Requires (currently authorizes) the Secretary to develop and implement a long-range automated vessel tracking system for all vessels in U.S. waters equipped with the Global Maritime Distress and Safety System or equivalent satellite technology. Directs the Secretary to report to specified congressional committees a plan to develop and implement such system no later than December 31, 2004. Authorizes the Secretary to use the nonprofit Maritime Information Services of North America Automated Secure Vessel Tracking System as a pilot program for purposes of long-range vessel tracking.

To amend title 46, United States Code, to modify requirements applicable to the National Maritime Transportation Security Plan with respect to ensuring that the flow of cargo through United States ports is reestablished after a transportation security incident, to require the Secretary of the department in which the Coast Guard is operating to develop and implement a secure long-range automated vessel tracking system, to aid maritime security, efficiency, and safety, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Historic Homeownership Revitalization Act of 2013''. SEC. 2. HISTORIC HOME OWNERSHIP REHABILITATION CREDIT. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. HISTORIC HOME OWNERSHIP REHABILITATION CREDIT. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 20 percent of the qualified rehabilitation expenditures made by the taxpayer with respect to a qualified historic home. ``(b) Dollar Limitation.--The credit allowed by subsection (a) with respect to any residence of a taxpayer shall not exceed $60,000 ($30,000 in the case of a married individual filing a separate return). ``(c) Qualified Rehabilitation Expenditure.--For purposes of this section-- ``(1) In general.--The term `qualified rehabilitation expenditure' means any amount properly chargeable to capital account-- ``(A) in connection with the certified rehabilitation of a qualified historic home, and ``(B) for property for which depreciation would be allowable under section 168 if the qualified historic home were used in a trade or business. ``(2) Certain expenditures not included.-- ``(A) Exterior.--Such term shall not include any expenditure in connection with the rehabilitation of a building unless at least 5 percent of the total expenditures made in the rehabilitation process are allocable to the rehabilitation of the exterior of such building. ``(B) Other rules to apply.--Rules similar to the rules of clauses (ii) and (iii) of section 47(c)(2)(B) shall apply. ``(3) Mixed use or multifamily building.--If only a portion of a building is used as the principal residence of the taxpayer, only qualified rehabilitation expenditures which are properly allocable to such portion shall be taken into account under this section. ``(d) Certified Rehabilitation.--For purposes of this section-- ``(1) In general.--The term `certified rehabilitation' has the meaning given such term by section 47(c)(2)(C). ``(2) Approved state program.--The term `certified rehabilitation' includes a certification made by-- ``(A) a State Historic Preservation Officer who administers a State Historic Preservation Program approved by the Secretary of the Interior pursuant to section 101(b)(1) of the National Historic Preservation Act, or ``(B) a local government, certified pursuant to section 101(c)(1) of the National Historic Preservation Act and authorized by a State Historic Preservation Officer, or the Secretary of the Interior where there is no approved State program, subject to such terms and conditions as may be specified by the Secretary of the Interior for the rehabilitation of buildings within the jurisdiction of such officer (or local government) for purposes of this section. ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified historic home.--The term `qualified historic home' means a certified historic structure-- ``(A) which has been substantially rehabilitated, and ``(B) which (or any portion of which)-- ``(i) is owned by the taxpayer, and ``(ii) is used (or will, within a reasonable period, be used) by such taxpayer as his principal residence. ``(2) Substantially rehabilitated.--The term `substantially rehabilitated' has the meaning given such term by section 47(c)(1)(C). ``(3) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(4) Certified historic structure.--The term `certified historic structure' means any building (and its structural components) which-- ``(A) is listed in the National Register, or ``(B) is located in a registered historic district (as defined in section 47(c)(3)(B)) and is certified by the Secretary of the Interior as being of historic significance to the district. ``(5) Rehabilitation not complete before certification.--A rehabilitation shall not be treated as complete before the date of the certification referred to in subsection (d). ``(6) Tenant-stockholder in cooperative housing corporation.--If the taxpayer holds stock as a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such stockholder shall be treated as owning the house or apartment which the taxpayer is entitled to occupy as such stockholder. ``(7) Allocation of expenditures relating to exterior of building containing cooperative or condominium units.--The percentage of the total expenditures made in the rehabilitation of a building containing cooperative or condominium residential units allocated to the rehabilitation of the exterior of the building shall be attributed proportionately to each cooperative or condominium residential unit in such building for which a credit under this section is claimed. ``(8) Carryback and carryforward of credit unused by reason of limitation based on tax liability.-- ``(A) In general.--If the credit allowable under subsection (a) for any taxable year exceeds the tax limit for such taxable year, such excess shall be a carryback to the preceding taxable year and a carryforward to each of the 3 succeeding taxable years and, subject to the limitations of subparagraph (B), shall be added to the credit allowable by subsection (a) for such preceding or succeeding taxable year, as the case may be. ``(B) Amount carried to each year.--Rules similar to the rules of section 39(a)(2) shall apply for purposes of this paragraph. ``(C) Limitation.--The amount of the unused credit which may be taken into account under subparagraph (A) for any taxable year shall not exceed the amount (if any) by which the tax limit for such taxable year exceeds the sum of-- ``(i) the credit allowable under subsection (a) for such taxable year determined without regard to this paragraph, and ``(ii) the amounts which, by reason of this paragraph, are carried to such taxable year and are attributable to taxable years before the unused credit year. ``(D) Tax limit.--For purposes of this paragraph, the term `tax limit' means the limitation imposed by section 26(a) for the taxable year reduced by the sum of the credits allowable under this subpart (other than this section). ``(9) Credit may be assigned.--The amount of qualified rehabilitation expenditures which would (but for this paragraph) be taken into account under subsection (a) for any taxable year by any person (hereafter in this paragraph referred to as the `initial taxpayer')-- ``(A) may be taken into account by any other person to whom such expenditures are assigned by the initial taxpayer, and ``(B) shall not be taken to account by initial taxpayer. Any person to whom such expenditures are assigned under subparagraph (A) shall be treated for purposes of this title as the taxpayer with respect to such expenditures. ``(f) When Expenditures Taken Into Account.--In the case of a building other than a building to which subsection (g) applies, qualified rehabilitation expenditures shall be treated for purposes of this section as made-- ``(1) on the date the rehabilitation is completed, or ``(2) to the extent provided by the Secretary by regulation, when such expenditures are properly chargeable to capital account. Regulations under paragraph (2) shall include a rule similar to the rule under section 50(a)(2) (relating to recapture if property ceases to qualify for progress expenditures). ``(g) Allowance of Credit for Purchase of Rehabilitated Historic Home.-- ``(1) In general.--In the case of a qualified purchased historic home, the taxpayer shall be treated as having made (on the date of purchase) the expenditures made by the seller of such home. For purposes of the preceding sentence, expenditures made by the seller shall be deemed to be qualified rehabilitation expenditures if such expenditures, if made by the purchaser, would be qualified rehabilitation expenditures. ``(2) Qualified purchased historic home.--For purposes of this subsection, the term `qualified purchased historic home' means any substantially rehabilitated certified historic structure purchased by the taxpayer if-- ``(A) the taxpayer is the first purchaser of such structure after the date rehabilitation is completed, and the purchase occurs within 5 years after such date, ``(B) the structure (or a portion thereof) will, within a reasonable period, be the principal residence of the taxpayer, ``(C) no credit was allowed to the seller under this section or section 47 with respect to such rehabilitation, and ``(D) the taxpayer is furnished with such information as the Secretary determines is necessary to determine the credit under this subsection. ``(h) Recapture.-- ``(1) In general.--If, before the end of the 5-year period beginning on the date on which the rehabilitation of the building is completed (or, if subsection (g) applies, the date of purchase of such building by the taxpayer)-- ``(A) the taxpayer disposes of such taxpayer's interest in such building, or ``(B) such building ceases to be used as the principal residence of the taxpayer or ceases to be a certified historic structure, the taxpayer's tax imposed by this chapter for the taxable year in which such disposition or cessation occurs shall be increased by the recapture percentage of the credit allowed under this section for all prior taxable years with respect to such rehabilitation. ``(2) Recapture percentage.--For purposes of paragraph (1), the recapture percentage shall be determined in accordance with the table under section 50(a)(1)(B), deeming such table to be amended-- ``(A) by striking `If the property ceases to be investment credit property within--' and inserting `If the disposition or cessation occurs within--', and ``(B) in clause (i) by striking `One full year after placed in service' and inserting `One full year after the taxpayer becomes entitled to the credit'. ``(3) Transfer between spouses or incident to divorce.--In the case of any transfer described in subsection (a) of section 1041 (relating to transfers between spouses or incident to divorce)-- ``(A) the foregoing provisions of this subsection shall not apply, and ``(B) the same tax treatment under this subsection with respect to the transferred property shall apply to the transferee as would have applied to the transferor. ``(i) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property (including any purchase under subsection (g)), the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(j) Processing Fees.--Any State may impose a fee for the processing of applications for the certification of any rehabilitation under this section provided that the amount of such fee is used only to defray expenses associated with the processing of such applications. ``(k) Denial of Double Benefit.--No credit shall be allowed under this section for any amount for which credit is allowed under section 47. ``(l) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations where less than all of a building is used as a principal residence and where more than 1 taxpayer use the same dwelling unit as their principal residence.''. (b) Conforming Amendments.-- (1)(A) Subparagraph (C) of section 25(e)(1) of such Code is amended by inserting ``25E,'' after ``sections 25D,''. (B) Section 25D(c) of such Code is amended by inserting ``and section 25E'' after ``(other than this section''. (C) Section 1400C(d) of such Code is amended by striking ``section 25D'' and inserting ``sections 25D and 25E''. (2) Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new item: ``(38) to the extent provided in section 25E(i).''. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Historic home ownership rehabilitation credit.''. (d) Effective Date.--The amendments made by this section shall apply with respect to rehabilitations the physical work on which begins after the date of enactment of this Act. SEC. 3. EXPANSION OF INCENTIVES FOR BUILDING REHABILITATION. (a) Increase in Rehabilitation Credit for Buildings in High Cost Areas.--Paragraph (2) of subsection 47(c) of such Code (defining qualified rehabilitation expenditures) is amended by adding at the end the following new subparagraph: ``(E) Increase in credit for buildings in high cost areas.--In the case of any qualified rehabilitated building which is residential rental property (as defined in subparagraph (D)) located in a qualified census tract or difficult development area which is designated for purposes of section 42(d)(5)(C), the qualified rehabilitation expenditures taken into account under this section shall be 130 percent of such expenditures determined without regard to this subparagraph.''. (b) Rehabilitation Credit May Be Transferred.-- (1) In general.--Subsection (b) of section 47 of such Code (relating to when expenditures taken into account) is amended by adding at the end the following new paragraph: ``(3) Credit may be assigned.--The amount of qualified rehabilitation expenditures with respect to property described in which would (but for this paragraph) be taken into account under subsection (a) for any taxable year by any person (hereafter in this paragraph referred to as the `initial taxpayer')-- ``(A) may be taken into account by any other person to whom such expenditures are assigned by the initial taxpayer, and ``(B) shall not be taken to account by initial taxpayer. Any person to whom such expenditures are assigned under subparagraph (A) shall be treated for purposes of this title as the taxpayer with respect to such expenditures.''. (2) Conforming amendment.--The heading for such subsection (b) is amended by inserting ``; Eligibility for Credit May Be Assigned'' after ``Account''. (c) Applicability to Buildings Held for Sale.-- (1) In general.-- (A) Clause (iv) of section 47(c)(1)(A) of such Code is amended to read as follows: ``(iv) depreciation (or amortization in lieu of depreciation)-- ``(I) is allowable with respect to such building, or ``(II) in the case of a residential property, would be allowable with respect to such building but for the building being held for sale.''. (B) Paragraph (2) of section 47(c) of such Code is amended by adding at the end the following new subparagraph: ``(E) Special rule for certain property held for sale.--For purposes of this paragraph, in the case of a qualified rehabilitated building described in paragraph (1)(A)(iv)(II), such building shall be treated as owned by the taxpayer as rental property with respect to which the straight line depreciation method is used over a recovery period determined under subsection (c) or (g) of section 168.''. (2) Conforming amendment.--Paragraph (4) of section 50(a) of such Code is amended by striking ``or'' at the end of subparagraph (A), but striking the period at the end of subparagraph (B) and inserting ``, or'', and by inserting after subparagraph (B) the following new subparagraph: ``(C) property described in section 47(c)(1)(A)(iv)(II) that has not otherwise ceased to be investment property.''. (d) Effective Date.--The amendments made by this section shall apply with respect to rehabilitations the physical work on which begins after the date of enactment of this Act.

Historic Homeownership Revitalization Act of 2013 - Amends the Internal Revenue Code to: (1) allow a new tax credit for 20% of rehabilitation expenditures for a historic home used as a principal residence, up to $60,000; and (2) increase the rehabilitation tax credit for residential rental property located in economically distressed areas with high construction costs.

Historic Homeownership Revitalization Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Protection Training Institute Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) There is no mandatory Federal training requirement for State, local, tribal, and territorial food protection officials, and training varies by State. (2) In June 2000, the Office of the Inspector General (``OIG'') of the Department of Health and Human Services released a report on oversight by the Food and Drug Administration (``FDA'') of State food inspection contracts. In this report the OIG recommended that FDA take steps to promote equivalency among Federal and State food safety standards, inspection programs, and enforcement practices. (3) Under contract with the FDA, State employees perform over half of all FDA inspections at domestic food processing plants. Inspections are performed under State laws and authorities, the provisions of the Federal Food, Drug, and Cosmetic Act, or both. In fiscal year 2008, States conducted approximately 10,500 FDA food contract inspections. Overall, States conduct nearly 80,000 inspections annually of food processing plants, but the majority of these inspections are not recognized by FDA as meeting any standard. (4) No national accreditation process exists to assure State and local food protection programs provide adequate protections to ensure effectiveness or equivalency to Federal programs. SEC. 3. FOOD PROTECTION TRAINING ACTIVITIES AND INSTITUTE. Subchapter D of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379k et seq.) is amended by adding at the end the following: ``SEC. 747. FOOD PROTECTION TRAINING ACTIVITIES AND INSTITUTE. ``(a) Definitions.--In this section-- ``(1) the term `food protection' means government regulatory or public health activities and programs at the Federal, State, or local level that are targeted at ensuring the safety or defense of the food supply-- ``(A) from natural, accidental, or intentional contamination; and ``(B) through prevention, intervention, response to food contamination events, or recovery of food systems to restore economic stability and public confidence after a food contamination event; ``(2) the term `food protection officials'-- ``(A) means government employees at the Federal, State, or local level that have direct responsibilities for food protection; and ``(B) includes environmental health workers, sanitarians, food regulatory officials, investigators, communicable disease workers, epidemiologists, laboratory workers, and toxicologists; and ``(3) the term `food regulatory officials' includes inspectors responsible for enforcing the food protection provisions of this Act. ``(b) Authority of the Secretary.-- ``(1) General duties.--The Secretary shall, not later than 120 days after the date of enactment of this section-- ``(A) create a list of uniform food protection training standards for Federal, State, and local food regulatory officials and food protection officials as a part of overall regulatory program standards in consultation with-- ``(i) a national association of food protection officials that has membership open to food protection officials from all States; ``(ii) State agencies responsible for food protection; and ``(iii) local agencies responsible for food protection; and ``(B) ensure funding is used to advance food protection and the effectiveness and equivalency throughout the food protection system of the Nation through a responsive and preventive controls framework in an effort to build capacity and create a more integrated national food protection system. ``(2) Duties with respect to the institute.--The Secretary shall, not later than 120 days after the date of enactment of this section-- ``(A) in cooperation with the organization described in paragraph (1)(A)(i), provide financial, technical, and other assistance to establish and maintain a Food Protection Training Institute that-- ``(i) conducts training activities that-- ``(I) address food protection inspection training standards as directed by the Secretary in paragraph (1); and ``(II) meet any program standards developed by the Secretary under paragraph (1); ``(ii) prior to fiscal year 2010, applied for determination as, or had been determined to be, an entity described in section 501(c)(3) of the Internal Revenue Code of 1986; ``(iii) has demonstrated the resources to commit to training no less than 750 food protection officials during fiscal year 2010 and no less than 3,000 food protection officials during fiscal year 2013; and ``(iv) is governed by a board of directors that-- ``(I) as of the date of establishment, includes-- ``(aa) a representative from a national association which has, as of fiscal year 2010-- ``(AA) tax exempt status under section 501(c)(3) of the Internal Revenue Code of 1986; ``(BB) membership open to food protection officials from all States; and ``(CC) governing officers who are State food regulatory program officials; ``(bb) a representative from a private foundation with assets in excess of $5,000,000,000 as of fiscal year 2010; and ``(cc) a representative of a Land Grant university; and ``(II) as of fiscal year 2010, has received financial support of at least $1,000,000 from a private foundation with assets in excess of $5,000,000,000; and ``(B) ensure that the activities conducted and assistance provided at such Institute at a minimum include-- ``(i) providing career-specific and career- spanning skills training and continuing education for food protection officials and food regulatory officials that include-- ``(I) entry level, core job training; ``(II) intermediate level and continuing education training; ``(III) advanced level training in specialized areas of food protection; and ``(IV) training of elite or expert level food protection officials; ``(ii) developing and using multiple and advanced training approaches to reach food protection officials including face-to-face courses, on-the-job training, multi-media approaches, distance learning, web-based courses, and other innovative and effective methods; ``(iii) developing criteria and assessing measurable training outcomes; ``(iv) developing instructor curriculum and delivery assessment; ``(v) assessing and reporting to the Secretary of efforts leading to leveraging food protection capability and capacity to support a national integrated food protection system; and ``(vi) establishing methods to provide timely training in response to emerging food protection events in order to minimize public health impacts and recovery. ``(c) Duties of the Food Protection Training Institute.--The Food Protection Training Institute established under subsection (b) shall carry out activities to improve the safety of the United States food supply, including-- ``(1) advancing the effectiveness and equivalency throughout the food protection system of the Nation; ``(2) improving the response and prevention controls capabilities of the national food protection system; ``(3) building capacity and the integration of the national food protection system; ``(4) providing training and technical assistance with respect to food establishment inspections that meet any program standards developed by the Secretary under subsection (b)(1); ``(5) offering onsite and offsite training for food protection officials from all States; ``(6) establishing a national network of trained professionals to present training programs and workshops for food protection officials; ``(7) developing training materials for use in such programs and workshops; ``(8) acting as a clearinghouse for research, studies, and findings concerning all aspects of food protection programs, including-- ``(A) conducting and funding research to improve the effectiveness of food establishment inspection; and ``(B) conducting and funding research to improve the effectiveness of the duties of food protection officials; ``(9) training food protection officials to comply with standards established by the Secretary through a national network of instructors or other means; ``(10) preparing informational materials to promote more efficient and thorough food protection inspections; ``(11) assisting State agencies in providing additional instructions and instructors, including training personnel to comply with the guidance and objectives established by the Secretary; and ``(12) any other activities determined appropriate by the Secretary. ``(d) Accountability.-- ``(1) Report to the secretary.--On an annual basis, the board of directors of the Institute established under subsection (b) shall submit to the Secretary a report that describes the activities and progress of such Institute carried out under this section during the previous year. ``(2) Report to congress.--On an annual basis, the Secretary shall submit to Congress a report that describes the activities and progress of the Secretary and the Institute established under subsection (b) carried out under this section during the previous year. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $20,000,000 for fiscal year 2010; ``(2) $25,000,000 for fiscal year 2011; and ``(3) $30,000,000 for each of fiscal years 2012, 2013, and 2014.''.

Food Protection Training Institute Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS) to: (1) create a list of uniform food protection training standards for federal, state, and local food regulatory officials and food protection officials as part of overall regulatory program standards; and (2) ensure funding is used to advance food protection and effectiveness and equivalency throughout the food protection system. Directs the Secretary to provide assistance to establish and maintain a Food Protection Training Institute to conduct activities to improve the safety of the U.S. food supply, including: (1) improving the response and prevention controls capabilities of the national food protection system; and (2) acting as a clearinghouse for research, studies, and findings concerning all aspects of food protection programs.

To amend the Federal Food, Drug, and Cosmetic Act to establish a Food Protection Training Institute, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gabrieleno/Tongva Nation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States Government has had continuous dealings with the Gabrieleno/Tongva Nation from 1771 until at least 1961. The Gabrieleno/Tongva Nation is the descendant of, and political successor to, the signatories of the June 10, 1851, Fort Tejon Treaty. (2) The Gabrieleno/Tongva Nation traditionally occupied the entire Los Angeles Basin and the islands of Santa Catalina, San Nicholas, and San Clemente, from Topanga Canyon to Laguna Beach, from the San Gabriel Mountains to the sea, in most of what is now Los Angeles and Orange Counties. (3) Several Federal officials have in the past recognized the Nation. In 1851 and 1852, the United States Government sent Commissioner Barbour to treat with the Indians of Los Angeles, but he was called away. Also in 1852, Superintendent of Indian Affairs E.F. Beale noted a numerous Indian population within Los Angeles County. In 1855, Superintendent of Indian Affairs Henley noted that the Indians in and around Los Angeles should be moved to a reservation. Records show that a small number of the Nation lived at the Sebastian Reserve at the Tejon Pass, part of Los Angeles County. In the 1870s former Mission Indian Agent J.Q. Stanley noted the grievances of the Indians living at Mission San Gabriel. (4) Scholars and academics have also noted the existence of the Nation. Helen Hunt Jackson, in the mid-1880s noted that the Gabrieleno/Tongva were continuing to live in the San Gabriel area where many worked as day laborers. At the turn of the century, C. Hart Merriam and J.P. Harrington indicated that there were some groups of the Nation living at the Tejon Reservation, and further noted that one of the tribes represented at the reservation was the ``Tongva of San Gabriel''. (5) In the early 1900s, the Federal Government allowed Nation members, most of whom were of one-half Indian blood, to register at the Sherman Indian School in Riverside, California. (6) The United States purchased land for the Nation in 1913 according to the Kelsey Map of Indians of California, which indicates a symbol corresponding to ``lands recently purchased'' at the site of San Gabriel. (7) By 1928, many Nation members were still living in their traditional area of San Gabriel and identifying themselves as tribal members, as evidenced by the California Indians' Jurisdictional Act. This Act authorized the Secretary to create a roll of California Indians for payment purposes. There are at least 150 Gabrieleno/Tongvas on this roll, approximately fifty with one-half degree Indian blood or more, and 128 of at least one-quarter Indian blood. (8) The Nation's membership has historically included and presently includes a verifiable half-blood community, which is eligible for organization under section 19 of the Act of June 18, 1934 (25 U.S.C. 479, commonly referred to as the Indian Reorganization Act), but the Bureau of Indian Affairs ignored the half-blood community and led the Nation to believe that it could not organize as a half-blood community. (9) The Nation has been politically active at the national level via the Mission Indian Federation, which lobbied the Congress for various Indian causes from the 1920s to the 1950s. The Nation was also a plaintiff in an Indian Claims Commission case in 1949. Forty-six bands filed suit, including the Tongva. The Bureau of Indian Affairs approved contracts for each band and included the Nation in all negotiations. After twelve years, all 46 bands were required to vote on a settlement, and the registers of voters indicated that the Nation members who voted at these meetings were, or are, relatives of presentday tribal members. (10) The State of California recognized the Gabrieleno/ Tongva in 1994, stating, ``The State of California...takes pride in recognizing the Indian inhabitants of the Los Angeles Basin and the continued existence of the Indian community within our State''. (``Certificate of Recognition'', signed by California Assembly member Diane Martinez, 1994). Furthermore, the city of San Gabriel recognizes the Gabrieleno/Tongva Nation. (11) The Nation has maintained its distinct community on its ancestral lands in San Gabriel and has maintained its unique culture and identity and maintains governance through a viable tribal government and a constitution and bylaws. SEC. 3. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Member.--The term ``member'' means those individuals enrolled in the Nation pursuant to section 6. (2) Nation.--The term ``Nation'' means the Gabrieleno/ Tongva Nation. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. FEDERAL RECOGNITION. (a) Federal Recognition.--Federal recognition of the Gabrieleno/ Tongva Nation is hereby affirmed. All laws and regulations of the United States of general application to Indians or nations, tribes, or bands of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.), which are inconsistent with any specific provision of this Act shall not be applicable to the Nation and its members. Such laws and regulations which are not inconsistent with any specific provision of this Act shall be applicable to the Nation and its members. (b) Federal Services and Benefits.-- (1) In general.--The Nation and its members shall be eligible for all services and benefits provided by the Federal Government to Indians because of their status as federally recognized Indians, and notwithstanding any other provision of law, such services and benefits shall be provided after the date of the enactment of this Act to the Nation and its members without regard to the existence of a reservation for the Nation or the location of the residence of any member on or near any Indian reservation. (2) Service areas.--For purposes of the delivery of Federal services to the enrolled members of the Nation, the service area shall consist of Los Angeles County and portions of Ventura and Orange Counties. Such services shall be provided notwithstanding the establishment of a reservation for the Nation after the date of enactment of this Act. Services may be provided to members outside the named service areas unless prohibited by law or regulation. SEC. 5. REAFFIRMATION OF RIGHTS. (a) In General.--All rights and privileges of the Nation and its members, which may have been abrogated or diminished before the date of the enactment of this Act, are hereby reaffirmed and restored. (b) Existing Rights of Nation.--Nothing in this Act shall be construed to diminish any right or privilege of the Nation or of its members that existed before the date of the enactment of this Act. Except as otherwise specifically provided in any other provision of this Act, nothing in this Act shall be construed as altering or affecting any legal or equitable claim the Nation may have to enforce any right or privilege reserved by or granted to the Nation which was wrongfully denied or taken from the Nation before the date of the enactment of this Act. SEC. 6. TRIBAL MEMBERSHIP. Not later than 18 months after the date of the enactment of this Act, the Nation shall submit to the Secretary a membership roll consisting of all individuals currently enrolled for membership in the Nation. The qualifications for inclusion on the membership roll of the Nation shall be determined by the membership clauses in the Nation's governing document. Upon completion of the roll, the Secretary shall immediately publish notice of such in the Federal Register. The Nation shall ensure that such roll is maintained and kept current. SEC. 7. TRIBAL LANDS. The Nation's tribal lands shall consist of all real property, now or hereafter held by, or in trust for, the Nation. The Secretary shall acquire real property for the Nation. Any such property shall be taken by the Secretary in the name of the United States in trust for the benefit of the Nation and shall become part of the Nation's reservation. SEC. 8. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 24 months after the date of the enactment of this Act, the Secretary shall conduct, by secret ballot, elections for the purpose of adopting a new constitution for the Nation. The elections shall be held in accordance with the procedures applicable to elections under section 16 of the Act of June 18, 1934 (25 U.S.C. 476). (2) Interim governing documents.--Until such time as a new constitution is adopted under paragraph (1), the governing documents in effect on the date of the enactment of this Act shall be the interim governing documents for the Nation. (b) Officials.-- (1) Elections.--Not later than 6 months after the Nation adopts their constitution pursuant to subsection (a), the Nation shall conduct elections by secret ballot for the purpose of electing officials for the Nation as provided in the Nation's governing constitution. The elections shall be conducted according to the procedures described in the Nation's constitution. (2) Interim governments.--Until such time as the Nation elects new officials pursuant to paragraph (1), the Nation's governing bodies shall be those bodies in place on the date of the enactment of this Act, or any new governing bodies selected under the election procedures specified in the respective interim governing documents of the Nation. SEC. 9. JURISDICTION. The Nation shall have jurisdiction to the full extent allowed by law over all lands taken into trust for the benefit of the Nation by the Secretary. The Nation shall exercise jurisdiction over all its members who reside within the service area in matters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.), as if the members were residing upon a reservation, as defined in that Act.

Gabrieleno/Tongva Nation Act - Reaffirms Federal recognition of the Gabrieleno/Tongva Nation. Entitles such Nation to the Federal services and benefits provided to recognized Indians and restores all member rights and privileges which may have been abrogated or diminished before this Act's enactment. Provides for lands to be acquired and held in trust for the Nation by the Secretary of the Interior.

To reaffirm and clarify the Federal relationship of the Gabrieleno/Tongva Nation as a distinct federally recognized Indian tribe and to restore aboriginal rights, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Assistance Equity Act of 2015''. SEC. 2. DEFINITIONS. (a) Definition of Private Nonprofit Facility.--Section 102(11)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(11)(B)) is amended by adding at the end the following: ``The term also includes any facilities (including roads, walkways, bridges, culverts, canals, sewer and wastewater systems, hazard mitigation systems, power, and other critical community infrastructure) owned or operated by a common interest community that provide essential services of a governmental nature.''. (b) Additional Definitions.--Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended by adding at the end the following: ``(13) Common interest community.--The term `common interest community' means-- ``(A) any nonprofit mandatory membership organization comprised of owners of real estate (other than a condominium or housing cooperative) described in a declaration or created pursuant to a covenant or other applicable law with respect to which a person, by virtue of the person's ownership of a unit, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, or improvement of, or services or other expenses related to, common elements, other units, or any other real estate other than that unit described in the declaration; and ``(B) a condominium project-- ``(i) comprised entirely of detached single family units; or ``(ii) comprised of 4 or more multi-unit housing structures, that owns or operates facilities (including roads, walkways, bridges, culverts, canals, sewer and wastewater systems, hazard mitigation systems, power, or other critical community infrastructure) that provide essential services of a governmental nature. ``(14) Condominium.--The term `condominium' means a multi- unit housing project in which each dwelling unit is separately owned, and the remaining portions of the real estate are designated for common ownership solely by the owners of those units, each owner having an undivided interest in the common elements, and which is represented by a condominium association consisting exclusively of all the unit owners in the project, which is, or will be responsible for the operation, administration, and management of the project. ``(15) Housing cooperative.--The term `housing cooperative' means a multi-unit housing project in which each dwelling unit is subject to separate use and possession by one or more cooperative members whose interest in such unit, and in any undivided assets of the cooperative association that are appurtenant to such unit, is evidenced by a membership or share interest in a cooperative association and a lease or other document of title or possession granted by such cooperative as the owner of all cooperative property.''. SEC. 3. CONDOMINIUMS AND HOUSING COOPERATIVES DAMAGED BY A MAJOR DISASTER. (a) Individuals and Households Program.--Section 408(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(b)(1)) is amended-- (1) by striking ``The President'' and inserting the following: ``(A) In general.--The President''; and (2) by adding at the end the following: ``(B) Condominiums and housing cooperatives.--For purposes of providing financial assistance under subsections (c)(2) and (c)(3) with respect to residential elements that are the legal responsibility of an association for a condominium or housing cooperative, the terms `individual' and `household' include the association for the condominium or housing cooperative.''. (b) Maximum Amount of Assistance.--Section 408(h) of such Act (42 U.S.C. 5174(h)) is amended by adding at the end the following: ``(3) Special rule for condominiums and housing cooperatives.-- ``(A) In general.--In lieu of the limit established under paragraph (1), the maximum amount of assistance that an association for a condominium or housing cooperative may receive under this section with respect to a single disaster shall be an amount to be determined by the President by regulation. ``(B) Adjustment of limit.--The amount determined by the President under subparagraph (A) shall be adjusted annually in accordance with paragraph (2).''. SEC. 4. APPLICABILITY. The amendments made by this Act shall apply to a major disaster or emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) after the date of enactment of this Act.

Disaster Assistance Equity Act of 2015 This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to modify the definition of "private nonprofit facility" to include any facilities (including roads, bridges, sewer systems, and other critical community infrastructure) owned or operated by a common interest community that provide essential services of a governmental nature. The bill also defines additional terms under such Act, including "condominium" and "housing cooperative." "Common interest community" is defined as: (1) any nonprofit mandatory membership organization comprised of owners of real estate (other than a condominium or housing cooperative) described in a declaration or created pursuant to a covenant or other applicable law with respect to which a person, by virtue of the person's ownership of a unit, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance or improvement of, or services or other expenses related to, common elements, other units, or any other real estate other than the unit described in the declaration; and (2) a condominium project that is comprised entirely of detached single family units or that is comprised of four or more multi-unit housing structures and that owns or operates facilities that provide essential services of a governmental nature. The bill amends such Act to provide that for purposes of the provision of federal disaster assistance with respect to residential elements that are the legal responsibility of an association for a condominium or housing cooperative, the terms "individual" or "household" include the association. The President must determine the maximum amount of assistance that any such association may receive under such Act for a single disaster.

Disaster Assistance Equity Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Patient Access to Healthcare Records Act of 2017''. SEC. 2. PROMOTION OF ACCESS TO DATA, VIA RESEARCH AND USER FRIENDLY PRESENTATIONS AND APPLICATIONS. (a) In General.--Subtitle D of the Health Information Technology for Economic and Clinical Health Act (42 U.S.C. 17921 et seq.) is amended by adding at the end the following: ``PART 3--HEALTH CARE CLEARINGHOUSES; DATA PROCESSING TO EMPOWER PATIENTS AND IMPROVE THE HEALTH CARE SYSTEM ``SEC. 13451. MODERNIZING THE ROLE OF CLEARINGHOUSES IN HEALTH CARE. ``(a) Efforts To Promote Access to and Leveraging of Health Information.-- ``(1) In general.--The Secretary shall, through the updating of existing policies and development of policies that support dynamic technology solutions, promote patient access to information related to their care, including real world outcomes and economic data (including claims, eligibility, and payment data), in a manner that would ensure that such information is available in a form convenient for the patient, in a reasonable manner, and without burdening the health care provider involved. ``(2) Requirement.--Activities carried out under paragraph (1) shall include the development of policies to enable covered entities with access to health information to-- ``(A) provide patient access to information related to their care, including real world outcomes and economic data; ``(B) develop, in accordance with HIPAA-related provisions (as defined in subsection (j)), patient engagement tools, reports, analyses, and presentations based on population health, epidemiological, and health services outcomes data, that may demonstrate a fiscal or treatment benefit to patients and health plan enrollees; and ``(C) promote transparency regarding the use and disclosure of health information by health care clearinghouses in accordance with the notice provisions of subsection (e). ``(b) Treatment as Covered Entity for Specified Functions.-- ``(1) In general.--With respect to the use and disclosure of protected health information, the Secretary shall-- ``(A) not consider health care clearinghouses that engage in the functions described in paragraph (3) to be business associates, including subcontractor business associates, under HIPAA-related provisions (as defined in subsection (j)(3)) regardless of the role of such clearinghouses in collecting or receiving the information; and ``(B) consider such clearinghouses to be covered entities under such provisions of law for all purposes. Such clearinghouses shall not be considered business associates, or subcontractor business associates, for translation of data into and out of standard format, analytic, cloud computing, or any other purpose. ``(2) Data accuracy and security requirement.--In order to use health data as authorized by this section, a clearinghouse or other covered entity engaging in activities authorized under this section shall be certified to have the necessary expertise and technical infrastructure to ensure the accuracy and security of such claims, eligibility, and payment data through receipt of an accreditation by the Electronic Healthcare Network Accreditation Commission, or by an equivalent accreditation program determined appropriate by the Secretary. ``(3) Enhancing treatment, quality improvement, research, public health efforts and other functions.-- ``(A) Equivalent authority to other covered entities.--Subject to paragraph (2), a health care clearinghouse shall-- ``(i) in addition to carrying out claims processing functions, be permitted to use and disclose protected health information without obtaining individual authorization to the same extent as other covered entities, including for purposes of treatment, payment, health care operations as permitted by section 164.506 of title 45, Code of Federal Regulations, research, and public health as permitted by section 164.512 of title 45, Code of Federal Regulations, and creating de-identified information as permitted by section 164.502(d) of title 45, Code of Federal Regulations; and ``(ii) use or disclose protected health information as required by section 164.502(a)(2) of title 45, Code of Federal Regulations. ``(B) Additional authority.-- ``(i) A health care clearinghouse shall be permitted to provide an individual or the personal representative of such individual access to the protected health information of such individual as described in subsection (d). ``(ii) All covered entities, including a health care clearinghouse, shall, subject to subsection (c)(2), be permitted to-- ``(I) on behalf of covered entities, use and disclose protected health information for health care operations purposes (as defined by section 164.501 of title 45, Code of Federal Regulations) without respect to whether the recipient of the information has or had a relationship with the individual; ``(II) upon the request of a covered entity, benchmark (as defined by the Secretary pursuant to rulemaking) the operations of such covered entity against the operations of one or more other covered entities that have elected to participate in such benchmarking; and ``(III) use and disclose protected health information to facilitate clinical trial recruitment, except that in the case the covered entity provides a consumer-facing portal or website that informs individuals of clinical trials conducted by the covered entity, the covered entity shall secure opt-in consent from the individual, or the individual's personal representative, prior to contacting an individual regarding such clinical trials unless such covered entity already has a relationship with the individual. ``(C) Clarification.--Nothing in this paragraph shall expand the authority of a health care clearinghouse or any other covered entity to use or disclose protected health information for marketing purposes under sections 164.501 and 164.508(a)(3) of title 45, Code of Federal Regulations. ``(c) Authorities Relating to Data Processing.-- ``(1) In general.--In carrying out HIPAA-related provisions, the Secretary shall permit a health care clearinghouse to aggregate protected health information, within the clearinghouse and among other clearinghouses, that the clearinghouse possesses in order to carry out the functions described in subsection (b)(3). Subject to section 164.502(a)(5)(i) of title 45, Code of Federal Regulations, a health care clearinghouse may carry out the functions described in subsection (b)(3) without obtaining individual authorization under section 164.508 of title 45, Code of Federal Regulations. ``(2) Privacy.--For purposes of clauses (ii) through (iv) of subsection (b)(3)(B), with respect to any report, analysis, or presentation provided by the covered entity to a third party, such report, analysis, or presentation-- ``(A) shall include only de-identified data; or ``(B) shall include, subject to a qualifying data use agreement (as defined in subsection (j)), protected health information. ``(3) Clarification; fee permitted.-- ``(A) In general.--Nothing in this paragraph shall be construed as affecting an individual's right to access claims and payment records in HIPAA standard format, in accordance with section 164.524 of title 45, Code of Federal Regulations. ``(B) Fee permitted.--If an individual or a personal representative of the individual requests a copy of records in HIPAA standard format a health care clearinghouse may charge a reasonable, cost-based fee so far as such fee is in accordance with section 164.524(c)(4) of title 45, Code of Federal Regulations. ``(d) Comprehensive Records at the Request of an Individual.-- ``(1) In general.--When a health care clearinghouse receives a written request from an individual or the personal representative of the individual for the protected health information of the individual, the clearinghouse shall provide to the individual a comprehensive record of such information (across health care providers and health plans and longitudinal in scope), unless the clearinghouse determines in its sole discretion that providing a comprehensive record is not technologically feasible. ``(2) Purchase from other clearinghouses.--In preparing a comprehensive record for an individual under paragraph (1), a health care clearinghouse may, with the permission of the individual, purchase the protected health information of the individual from one or more other health clearinghouses (and the amount of such purchase may be included in a fee that is fair market value, as defined in subsection (j)(2), charged to the individual. ``(e) Situations Not Involving Direct Interaction With Individuals.--Sections 164.400 through 164.414 (relating to breach notification) and sections 164.520 through 164.528 (relating to individual rights) of title 45, Code of Federal Regulations, shall apply to a health care clearinghouse that engages in the functions described in subsection (b)(3) to the extent that such clearinghouse has current contact information pursuant to direct interaction with the individual involved. If the clearinghouse does not have direct interaction with the individual involved, the clearinghouse shall provide notice of any breach of unsecured protected health information to the covered entity that does have direct interaction with the individual involved. The clearinghouse shall not be required to report a breach if the protected health information is rendered unusable, unreadable, or indecipherable to unauthorized persons through the use of a technology or methodology specified by the Secretary in the guidance issued under section 13402(h)(2). The clearinghouse shall also provide a notice of privacy practices on its website. ``(f) Transition.-- ``(1) In general.--Except where specifically stated, nothing in this section shall be construed to apply to clearinghouses to the exclusion of other covered entities or to provide a health care clearinghouse greater authority to use and disclose protected health information than that provided to another covered entity. ``(2) Existing agreements.--With respect to agreements entered into by a health care clearinghouse prior to the date of enactment of this section, a provision of such an agreement that conflicts with this section shall not have any legal force or effect. The preceding sentence may not be construed as affecting any provision of an agreement that does not conflict with this section. ``(g) Safe Harbor and Clarification of Liability.--In the case of a health care clearinghouse that engages in a function described in subsection (b), only that clearinghouse may be held liable for a violation of a HIPAA-related provision (and a covered entity that provided data or data access to the clearinghouse shall not be liable for such violations). ``(h) Enforcement.--Section 13410(a)(2) shall apply to this section in the same manner as such section applies to parts 1 and 2. ``(i) Relation to Other Laws.-- ``(1) Application of hitech rule.--Section 13421 shall apply to this section in the same manner as such section applies to parts 1 and 2, except to the extent that such section 13421 concerns section 1178(a)(2)(B) of the Social Security Act. ``(2) State laws regarding unfair or deceptive acts or practices.--This part shall not be construed to preempt the law of any State that prohibits unfair or deceptive acts or practices or limit the authority of State attorneys general to enforce such laws. ``(j) Definitions.--In this part: ``(1) De-identified.--The term `de-identified', with respect to health information, means such information that is not individually identifiable as determined in accordance with the standards under section 164.514(b) of title 45, Code of Federal Regulations. ``(2) Fair market value.--The term `fair market value' means the price that a person reasonably knowledgeable and interested in buying a given product or service would pay to a person reasonably knowledgeable and interested in selling the product or service. ``(3) Health care clearinghouse.--The term `health care clearinghouse' has the meaning given such term in section 1171 of the Social Security Act. ``(4) HIPAA-related provision.--The term `HIPAA-related provision' means the provisions of each of the following: ``(A) This subtitle. ``(B) Part C of title XI of the Social Security Act. ``(C) Regulations promulgated pursuant to sections 262(a) and 264(c) of the Health Insurance Portability and Accountability Act of 1996 or this subtitle. ``(5) Individual.--The term `individual', with respect to protected health information, has the meaning applicable under section 160.103 of title 45, Code of Federal Regulations. ``(6) Qualifying data use agreement.--The term `qualifying data use agreement' means an agreement, which may be electronic, that-- ``(A) establishes the permitted uses and disclosures of protected health information by the recipient; ``(B) limits such uses and disclosures to the original purpose of disclosure under subsection (b)(3)(B); and ``(C) provides that the data recipient will-- ``(i) not use or further disclose the information other than as permitted by the qualifying data use agreement or as otherwise required by law; ``(ii) use appropriate safeguards to prevent use or disclosure of the information other than as provided for by the qualifying data use agreement; and ``(iii) ensure that any agents to whom it provides the data agree to the same restrictions and conditions that apply to the data recipient with respect to such information.''. (b) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations to carry out the amendment made by subsection (a). (c) Conforming Amendment.--Section 1171(2) of the Social Security Act (42 U.S.C. 1320d(2)) is amended by inserting before the period the following: ``or receives a standard transaction from another entity and processes or facilitates the processing of health information into nonstandard format or nonstandard data content for the receiving entity. Such term also includes an entity that carries out such processing functions, transmits standard health care claims, transmits health care claim payments or provides advice on such, and transmits any standard transactions on behalf of a HIPAA-covered entity and in addition, engages in any authority of such entity described in subsection (b)(3) of section 13451 of the Health Information Technology for Economic and Clinical Health Act''.

Ensuring Patient Access to Healthcare Records Act of 2017 This bill amends the Health Information Technology for Economic and Clinical Health Act to require the Department of Health and Human Services to develop and update policies that enable certain health-care clearinghouses, plans, and providers to: (1) provide patients with access to information related to their care; (2) develop patient-engagement tools, reports, analyses, and presentations that may demonstrate benefit to patients and health-plan enrollees; and (3) promote transparency regarding the use and disclosure of health information by health-care clearinghouses.

Ensuring Patient Access to Healthcare Records Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pipeline Safety Act of 1995''. SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. TITLE I--PIPELINE SAFETY AMENDMENTS SEC. 101. RISK MANAGEMENT. Chapter 601 is amended by adding at the end the following new section: ``Sec. 60126. Risk Management ``(a) The Secretary shall, based on information collected and maintained by the Secretary, conduct an assessment of the risk to public safety and the environment posed by pipeline transportation. The assessment shall-- ``(1) rank the risks identified by the Secretary in terms of their probability of occurrence and their likely consequences, and any other factors the Secretary considers relevant; ``(2) identify, in priority order, technically feasible and economically justified actions that should be taken to lessen the risks identified; and ``(3) address, at a minimum, the following subjects: ``(A) Inspection by internal instrumented devices. ``(B) Hydrostatic testing. ``(C) Installation of emergency flow restricting devices, including leak detection systems, for natural gas and hazardous liquid pipelines. ``(D) Inspection and burial of underwater pipelines. ``(b) Notwithstanding any other provision of this chapter, if the Secretary determines that rulemaking regarding a subject listed in subsection (a)(3) is not practicable, appropriate, or reasonable, the Secretary shall transmit to Congress, not later than 60 days after the date of such determination, an explanation of the reasons for that determination. ``(c) Not later than 18 months after the date of enactment of the Pipeline Safety Act of 1995, the Secretary shall transmit to Congress a report including the assessment required under subsection (a) and a plan setting forth the actions proposed by the Secretary to address each risk identified in the assessment. Within 30 days after any substantive change to the action plan, including the addition or deletion of any subject or action in the plan, the Secretary shall inform Congress in writing of the reasons for the change.''. SEC. 102. ONE CALL NOTIFICATION SYSTEMS. Section 60114 (relating to one-call notification systems) is amended by striking subsections (b) and (d), and redesignating subsections (c) and (e) as (b) and (d), respectively. SEC. 103. INTERNATIONAL UNIFORMITY. Section 60117 (relating to administration) is amended by adding at the end the following new subsection: ``(k) International Uniformity of Standards.-- ``(1) Participation in international forums.--Subject to guidance and direction from the Secretary of State, the Secretary of Transportation may participate in international forums that establish or recommend pipeline safety standards for transporting natural gas and hazardous liquids. ``(2) Consultation.--The Secretary of Transportation may consult with interested authorities to ensure that, to the extent practicable, regulations the Secretary prescribes under this chapter are consistent with standards related to pipeline safety transportation adopted by international authorities. ``(3) Differences with international standards and requirements.--This section does not require the Secretary to prescribe a standard identical to, less stringent than, or more stringent than a standard adopted by an international authority or otherwise limit the Secretary's discretion in issuing standards.''. SEC. 104. GENERAL AUTHORITY. Section 60117 (relating to administration), as amended by section 103, is further amended by adding at the end the following new subsection: ``(l) Funding Authority.--To carry out this chapter, the Secretary may enter into grants, cooperative agreements, and other transactions with any person, agency, or instrumentality of the United States, any unit of State or local government, any educational institution, and any other entity to further the objectives of this chapter, including the development, improvement, and promotion of one-call damage prevention programs, research, risk assessment, and mapping.''. SEC. 105. ANNUAL REPORTS. Section 60124 (relating to annual reports) is repealed. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. Section 60125 (relating to authorization of appropriations) is amended-- (1) by striking ``gas:'' and all that follows in subsection (a) and inserting ``gas, $16,450,000 for the fiscal year ending September 30, 1996, and such sums as may be necessary for fiscal years 1997, 1998, and 1999.''; (2) by striking ``liquid:'' and all that follows in subsection (b) and inserting ``liquid, $10,968,000 for the fiscal year ending September 30, 1996, and such sums as may be necessary for fiscal years 1997, 1998, and 1999.''; (3)(A) by striking the heading of subsection (c) and inserting in lieu thereof ``State Pipeline Safety Grants.--''; (B) by striking ``title:'' and all that follows in subsection (c)(1) and inserting ``title, $15,000,000 for the fiscal year ending September 30, 1996, and such sums as may be necessary for fiscal years 1997, 1998, and 1999.''; (4) by striking subsection (d) and inserting the following: ``(d) Other Transactions.--Not more than the following amounts may be appropriated to the Secretary to carry out section 60117(1) of this title: $5,000,000 for the fiscal year ending September 30, 1996, and such sums as may be necessary for fiscal years 1997, 1998, and 1999.''; and (5) by adding at the end the following new subsection: ``(g) Special Projects.--For each of fiscal years 1996, 1997, 1998, and 1999, not more than $500,000 or 0.5 percent of the amount appropriated annually to carry out chapter 601, whichever is less, may be appropriated to the Secretary to fund special projects undertaken jointly with other offices within the Department to improve the administration of transportation safety programs.''. SEC. 107. TECHNICAL CORRECTIONS. (a) Section 60105 is amended by inserting ``Pipeline Safety Program'' after ``State'' in the heading. (b) Section 60106 is amended by inserting ``Pipeline Safety'' after ``State'' in the heading. (c) Section 60107 is amended by inserting ``Pipeline Safety'' after ``State'' in the heading. (d) Section 60114(a)(9) is amended by striking ``, 60122, and 60123'' and inserting ``and 60122''. TITLE II--AVIATION TARIFF AMENDMENT SEC. 201. AVIATION TARIFF AMENDMENT. Section 40114(b) (relating to reports and records), is amended-- (1) by striking ``the Secretary'' in the second sentence and inserting ``With the exception of tariffs, the Secretary; and'' (2) by inserting ``The Secretary shall ensure that tariff records are available to the public on a permanent basis.'' after the second sentence. TITLE III--HAZARDOUS MATERIALS AMENDMENTS SEC. 301. HAZARDOUS MATERIALS AMENDMENTS. (a) Section 5107(e) (relating to employee training requirements) is amended by striking ``section 5127(c)(3)'' and inserting ``section 5127(b)(1)''. (b) Section 5116(j)(4)(A) (relating to supplemental training grants) is amended by striking ``subsection (g)'' and inserting ``section 5115''. (c) Section 5110(e) (relating to retention of shipping papers) is amended-- (1) by striking the heading and inserting the following: ``(e) Retention of Shipping Papers.--''; and (2) by striking the first sentence and inserting ``A person required to provide a shipping paper to a carrier and a carrier to which a shipping paper is provided shall retain, at or accessible through its principal place of business, a paper or electronic image copy of each shipping paper for one year from the date the shipping paper has been provided to the carrier.''.

TABLE OF CONTENTS: Title I: Pipeline Safety Amendments Title II: Aviation Tariff Amendment Title III: Hazardous Materials Amendments Pipeline Safety Act of 1995 - Title I: Pipeline Safety Amendments - Amends Federal natural gas and hazardous liquid pipeline safety transportation law to require the Secretary of Transportation to conduct an assessment of the risk to public safety and the environment posed by natural gas and hazardous liquid pipeline transportation. Requires the Secretary to report to the Congress on the assessment and a plan setting forth proposed actions to address each identified risk. (Sec. 102) Eliminates Federal grants to States for development of a one-call (before digging) notification system that informs a pipeline facility operator of activity in the vicinity that could threaten the facility's safety. (Sec. 103) Authorizes the Secretary to participate in international forums that establish or recommend pipeline safety standards for transporting natural gas and hazardous liquids. Provides that the Secretary is not required to prescribe a standard identical to or less stringent or more stringent than a standard adopted by an international authority, or otherwise limit his or her discretion in issuing such standards. (Sec. 104) Authorizes the Secretary to enter into grants, cooperative agreements, and other transactions with any person, agency, or U.S. instrumentality, any State or local government, any educational institution, and any other entity to further pipeline safety, including the development, improvement, and promotion of one-call damage prevention programs, research, risk assessment, and mapping. (Sec. 105) Repeals the requirement for the Secretary's annual report concerning natural gas and hazardous liquid safety. (Sec. 106) Authorizes appropriations. Title II: Aviation Tariff Amendment - Repeals the Secretary's authority and responsibility to be custodian of aviation tariff records. Requires the Secretary to ensure that such tariff records be made available to the public on a permanent basis. Title III: Hazardous Materials Amendments - Revises the requirement that a person who is required to provide a shipping paper to a carrier when offering hazardous material for transportation in commerce, and a carrier to which such paper is provided, retain a paper or electronic image copy of such paper for one year after the material is no longer in transportation. Changes the retention period to one year from the date the shipping paper has been provided to the carrier.

Pipeline Safety Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Legacy Act of 2002''. SEC. 2. REPORT ON REMEDIAL ACTION PLANS. Section 118(c)(3) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(3)) is amended by adding at the end the following: ``(E) Report.--Not later than 1 year after the date of enactment of this subparagraph, the Administrator shall submit to Congress a report on such actions, time periods, and resources as are necessary to fulfill the duties of the Agency relating to oversight of Remedial Action Plans under-- ``(i) this paragraph; and ``(ii) the Great Lakes Water Quality Agreement.''. SEC. 3. GRANTS FOR THE REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF CONCERN. Section 118(c) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)) is amended by adding at the end the following: ``(12) Grants for remediation of sediment contamination in areas of concern.-- ``(A) Definition of qualified project.--In this paragraph, the term `qualified project' means a project, to be carried out in an area of concern located wholly or in part in the United States, to-- ``(i) monitor or evaluate contaminated sediment, including conducting a site characterization; ``(ii) remediate contaminated sediment (including disposal of the contaminated sediment); or ``(iii) prevent further or renewed contamination of sediment. ``(B) Grants.--The Administrator, acting through the Program Office, may make grants to States to carry out qualified projects. ``(C) Priority.--In making grants under this paragraph, the Administrator shall give priority to a qualified project that-- ``(i) consists of remedial action for contaminated sediment; ``(ii) has been identified in a Remedial Action Plan that is-- ``(I) submitted under paragraph (3); and ``(II) ready to be implemented; ``(iii) will use an innovative approach, technology, or technique for remediation; or ``(iv) includes remediation to be commenced not later than 1 year after the receipt of the grant funds. ``(D) Limitations.--The Administrator may not make a grant under this paragraph to carry out a qualified project described in clause (ii) or (iii) of subparagraph (A)-- ``(i) that is located in an area of concern that the Administrator determines is likely to suffer significant further or renewed sediment contamination from sources of pollutants after the completion of the qualified project; or ``(ii) at a site that has not had a thorough site characterization. ``(E) Coordination.--In making grants under this paragraph, the Administrator shall coordinate with the Secretary of the Army, and with the Governors of States in which qualified projects assisted under this paragraph are located, to ensure that Federal and State assistance for remediation in areas of concern is used as efficiently as practicable. ``(F) NEPA applicability.--A qualified project carried out under this paragraph that involves a major activity, as determined by the Administrator, shall be subject to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(G) Authorization of appropriations.-- ``(i) In general.--In addition to other amounts authorized to be appropriated under this section, there is authorized to be appropriated to carry out this paragraph $50,000,000 for each of fiscal years 2004 through 2008. ``(ii) Availability.--Funds appropriated under clause (i) shall remain available until expended. ``(13) Research and development program.-- ``(A) In general.--The Administrator, in coordination with other Federal and local officials, shall conduct research on the development and use of innovative approaches, technologies, and techniques for the remediation of sediment contamination in areas of concern in the Great Lakes. ``(B) Authorization of appropriations.-- ``(i) In general.--In addition to amounts authorized to be appropriated under other law, there is authorized to be appropriated to carry out this paragraph $2,000,000 for each of fiscal years 2004 through 2008. ``(ii) Availability.--Funds appropriated under clause (i) shall remain available until expended. ``(14) Public information program.-- ``(A) In general.--The Program Office may carry out a public information program under which the Administrator makes grants to States, Indian tribes, local governments, and other entities to provide-- ``(i) information to the public in areas of concern that are-- ``(I) located wholly within the United States; or ``(II) shared with Canada; and ``(ii) local coordination and organization in those areas. ``(B) Selection process.--Grants under the public information program shall be made in accordance with competitive selection procedures established by the Administrator in carrying out other grant programs. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $5,000,000 for each of fiscal years 2004 through 2008.''. SEC. 4. RELATIONSHIP TO EXISTING FEDERAL AND STATE LAWS AND INTERNATIONAL TREATIES. Section 118(g) of the Federal Water Pollution Control Act (33 U.S.C. 1268(g)) is amended by inserting ``, including the cleanup and protection of the Great Lakes'' after ``Lakes''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 118(h) of the Federal Water Pollution Control Act (33 U.S.C. 1268(h)) is amended by striking the first sentence and inserting the following: ``There is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2004 through 2008.''.

Great Lakes Legacy Act of 2002 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency to report to Congress regarding oversight of Remedial Action Plans for the Great Lakes.Authorizes the Administrator, acting through the Great Lakes National Program Office, to make grants for projects that: (1) monitor or evaluate contaminated sediment; (2) remediate contaminated sediment; or (3) prevent further or renewed contamination of sediment.Authorizes the Administrator to conduct research on innovative approaches, technologies, and techniques for the remediation of sediment contamination in areas of concern in the Great Lakes. Authorizes the Program Office to carry out a public information program through grants.Extends funding for Great Lakes programs.

A bill to amend the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to make grants for remediation of sediment contamination in areas of concern, to authorize assistance for research and development of innovative technologies for such remediation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Rx Drug Discount Act of 2003''. SEC. 2. MEDICARE PRESCRIPTION DRUG DISCOUNT CARD ENDORSEMENT PROGRAM. Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by inserting after section 1806 the following new sections: ``medicare prescription drug discount card endorsement program ``Sec. 1807. (a) In General.--The Secretary shall establish a program-- ``(1) to endorse prescription drug discount card programs that meet the requirements of this section; and ``(2) to make available to medicare beneficiaries information regarding such endorsed programs. ``(b) Requirements for Endorsement.--The Secretary may not endorse a prescription drug discount card program under this section unless the program meets the following requirements: ``(1) Savings to medicare beneficiaries.--The program passes on to medicare beneficiaries who enroll in the program discounts on prescription drugs, including discounts negotiated with manufacturers. ``(2) Prohibition on application only to mail order.--The program applies to drugs that are available other than solely through mail order. ``(3) Beneficiary services.--The program provides pharmaceutical support services, such as education and counseling, and services to prevent adverse drug interactions. ``(4) Information.--The program makes available to medicare beneficiaries through the Internet and otherwise information, including information on enrollment fees, prices charged to beneficiaries, and services offered under the program, that the Secretary identifies as being necessary to provide for informed choice by beneficiaries among endorsed programs. ``(5) Demonstrated experience.--The entity operating the program has demonstrated experience and expertise in operating such a program or a similar program. ``(6) Quality assurance.--The entity has in place adequate procedures for assuring quality service under the program. ``(7) Operation of assistance program.--The entity meets such requirements relating to solvency, compliance with financial reporting requirements, audit compliance, and contractual guarantees as the Secretary finds necessary for participation. ``(8) Enrollment fees.--The program may charge an annual enrollment fee, but the amount of such annual fee may not exceed $25. ``(9) Additional beneficiary protections.--The program meets such additional requirements as the Secretary identifies to protect and promote the interest of medicare beneficiaries, including requirements that ensure that beneficiaries are not charged more than the lower of the negotiated retail price or the usual and customary price. The prices negotiated by a prescription drug discount card program endorsed under this section shall (notwithstanding any other provision of law) not be taken into account for the purposes of establishing the best price under section 1927(c)(1)(C). ``(c) Program Operation.--The Secretary shall operate the program under this section consistent with the following: ``(1) Promotion of informed choice.--In order to promote informed choice among endorsed prescription drug discount card programs, the Secretary shall provide for the dissemination of information which compares the prices and services of such programs in a manner coordinated with the dissemination of educational information on Medicare+Choice plans under part C. ``(2) Oversight.--The Secretary shall provide appropriate oversight to ensure compliance of endorsed programs with the requirements of this section, including verification of the discounts and services provided. ``(3) Use of medicare toll-free number.--The Secretary shall provide through the 1-800-medicare toll free telephone number for the receipt and response to inquiries and complaints concerning the program and programs endorsed under this section. ``(4) Sanctions for abusive practices.--The Secretary may implement intermediate sanctions or may revoke the endorsement of a program in the case of a program that the Secretary determines no longer meets the requirements of this section or that has engaged in false or misleading marketing practices. ``(5) Enrollment practices.--A medicare beneficiary may not be enrolled in more than one endorsed program at any time. A medicare beneficiary may change the endorsed program in which the beneficiary is enrolled, but may not make such change until the beneficiary has been enrolled in a program for a minimum period of time specified by the Secretary. ``(d) Transition.--The Secretary shall provide for an appropriate transition and discontinuation of the program under this section at the time outpatient prescription drug benefits first become available under this title. ``(e) Endorsement Condition.--The Secretary shall require, as condition of endorsement under of a prescription drug discount card program under this section that the program implement policies and procedures to safeguard the use and disclosure of program beneficiaries' individually identifiable health information in a manner consistent with the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the program under this section.''.

Medicare Rx Drug Discount Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) endorse any Medicare prescription drug discount card program that meets specified criteria; and (2) inform Medicare beneficiaries about such programs.

To amend title XVIII of the Social Security Act to authorize the Secretary of Health and Human Services to endorse prescription drug discount cards for use by Medicare beneficiaries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Megan's Law of 2008''. SEC. 2. FINDINGS AND DECLARATION OF PURPOSES. (a) Findings.--Congress finds the following: (1) Megan Nicole Kanka, who was 7 years old, was abducted, sexually assaulted, and murdered in 1994, in the State of New Jersey by a violent predator who had been convicted previously of a sex offense. (2) In 1996, Congress adopted Megan's Law (Public Law 104- 145) as a means to encourage States to inform the public of sex offenders who had been convicted and are present in their communities. (3) In 2006, Congress adopted the Sex Offender Registration and Notification Act (title I of Public Law 109-248), which further strengthens the national standards for sex offender registration and public notification. (4) Since 2003, U.S. Immigration and Customs Enforcement has made nearly 11,000 arrests, including over 9,100 arrests of non-United States citizens, of persons suspected of illegally exploiting children. Violations include child pornography, child sex tourism and facilitators, and trafficking of minors. (5) It is estimated that more than 2 million children are exploited each year in the global commercial sex trade. (b) Declaration of Purposes.--The purposes of this Act and the amendments made by this Act are to prevent the international travel of sex traffickers and other sex offenders who intend to commit a sexual offense by-- (1) expanding access to information about known sex offenders in the United States who intend to travel outside the United States; (2) ensuring that foreign nationals who have committed a sex offense are denied entry into the United States; (3) including information in the annual report to Congress required by section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) regarding the establishment of systems to identify and provide notice of international travel by sex offenders to destination countries; and (4) providing assistance to foreign countries under the Foreign Assistance Act of 1961 to meet the requirements described in paragraph (3). SEC. 3. SEX OFFENDER TRAVEL REPORTING REQUIREMENT. (a) Duty To Report.--An individual who is required to register pursuant to section 113 of the Sex Offender Registration and Notification Act shall notify an appropriate jurisdiction or jurisdictions in conformity with the rules issued under subsection (b) not later than 21 days before departure to or arrival from a foreign place. A jurisdiction so notified shall promptly inform the Secretary of Homeland Security and the Attorney General. (b) Rules for Reporting.--Not later than 90 days after the enactment of this Act, the Secretary of Homeland Security and the Attorney General shall make rules to carry out subsection (a) in the light of the purposes of this Act. Such rules-- (1) shall establish procedures for reporting under subsection (a); (2) shall set forth the information required to be reported; and (3) may provide for appropriate alternative reporting in situations, such as emergencies, where the requirement of subsection (a) is impracticable or inappropriate. (c) Criminal Penalty for Failure To Report.-- (1) New offense.--Section 2250 of title 18, United States Code, is amended by adding at the end the following: ``(d) Whoever knowingly fails to report his or her travel to or from a foreign place as required by the International Megan's Law of 2007 shall be fined under this title or imprisoned not more than 10 years, or both.''. (2) Amendment to heading of section.--The heading for section 2250 of title 18, United States Code, is amended by inserting ``or report international travel'' after ``register''. (3) Conforming amendment to affirmative defense.--Section 2250(b) of title 18, United States Code, is amended by inserting ``or (d)'' after ``(a)''. (4) Conforming amendment to federal penalties for violent crimes.--Section 2250(c) of title 18, United States Code, is amended by inserting ``or (d)'' after ``(a)'' each place it appears. (5) Clerical amendment.--The item relating to section 2250 in the table of sections at the beginning of chapter 109B of title 18, United States Code, is amended by inserting ``or report international travel'' after ``register''. (d) Duty To Notify Sex Offenders of Reporting Requirement.--When an official is required under the Sex Offender Registration and Notification Act to notify an offender of a duty to register under that Act, the official shall also, at the same time-- (1) notify that offender of that offender's duty to report under this section and the procedure for fulfilling that duty; and (2) require the offender to read and sign a form stating that the duty to report and the procedure for reporting has been explained and that the offender understands the reporting requirement. SEC. 4. NOTIFICATION TO FOREIGN AUTHORITIES OF INTERNATIONAL TRAVEL BY SEX OFFENDERS. (a) In General.--In order to protect children and others and prevent sex trafficking, the Secretary of Homeland Security shall establish a system in consultation with the Attorney General and the Secretary of State whereby the appropriate authorities in relevant foreign countries or territories are notified in a timely manner about travel outside the United States by persons required to register under the Sex Offender Registration and Notification Act and to report pursuant to section 3 of this Act. (b) Foreign Authorities To Be Given Sufficient Information.--Each foreign authority notified under subsection (a) shall be given sufficient identifying information so as to be able to properly identify and track the registered individual. (c) Technical Assistance.--The Secretary of State may provide technical assistance to foreign authorities in order to enable such authorities to participate more effectively in the notification program established under this section. SEC. 5. IMMIGRATION LAW REFORM TO PREVENT ADMISSION OF SEX OFFENDERS TO THE UNITED STATES. Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C.1182(a)(2)) is amended by adding at the end the following: ``(J) Sex offenders.--Any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of, a sex offense (as defined in section 111 of the Sex Offender Registration and Notification Act (title I of Public Law 109-248)) is inadmissible.''. SEC. 6. ANNUAL REPORT ON STATUS OF SEVERE FORMS OF TRAFFICKING IN PERSONS AND IMPLEMENTATION ASSESSMENT. (a) In General.--Section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: ``(D)(i) a list of those countries that have established a system-- ``(I) to identify sex offenders (as defined for purposes of the Sex Offender Registration and Notification Act (title I of Public Law 109-248; 42 U.S.C. 16911)) traveling to the United States or any other country; and ``(II) to notify the United States or the other country of-- ``(aa) the identity of the individual, ``(bb) the nature of the sex offense for which the individual was convicted, and ``(cc) the anticipated manner, date, and time of the individual's arrival in the United States or the other country, prior to the individual's travel; ``(ii) a list of those countries that are making substantial progress in establishing a system pursuant to clause (i), and the estimated time of completion; ``(iii) a list of those countries that do not have and are not making substantial progress in establishing a system pursuant to clause (i); and ``(iv) an assessment as to the progress made and difficulties that exist in establishing a system pursuant to clause (i) on a global scale, and the extent of inter-country cooperation with respect to sex offender travel notifications; and''. (b) Assessment Required.--Not later than two years after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees an assessment based on the information provided pursuant to subparagraph (D) of section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1) (as added by subsection (a) of this section), as to how an amendment to section 108(a) of such Act (22 U.S.C. 7106(a)) to include the establishment of a system described in subparagraph (D) of section 110(b)(1) of such Act (as added by subsection (a) of this section) would facilitate and contribute to advancing the establishment of such a system on a global scale. (c) Appropriate Congressional Committees Defined.--For purposes of subsection (b), the term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. SEC. 7. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING. (a) In General.--The President is strongly encouraged to exercise the authorities of section 134 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152d) to provide assistance to foreign countries directly, or through nongovernmental and multilateral organizations, for programs, projects, and activities designed to establish systems to identify and provide notification of sex offenders traveling to the United States or any other country. (b) Definition.--In this section, the term ``sex offender'' has the meaning given the term for purposes of the Sex Offender Registration and Notification Act (title I of Public Law 109-248; 42 U.S.C. 16911)). SEC. 8. CONGRESSIONAL REPORT. (a) Report Required.--Not later than one year after the enactment of this Act and every year for 4 years thereafter, the President shall submit to the appropriate congressional committees a report on the implementation of this Act and the amendments made by this Act, including-- (1) the number of sex offenders who report travel to or from a foreign place pursuant to section 3(a) of this Act; (2) the number of sex offenders prosecuted and convicted for failing to report travel to or from a foreign place pursuant to section 3(a) of this Act; and (3) what actions have been taken, if any, by foreign countries and territories of destination following notification pursuant to section 4 of this Act. (b) Appropriate Congressional Committees Defined.--For purposes of subsection (a), the term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act and the amendments made by this Act, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2013.

International Megan's Law of 2008 - Requires registered sex offenders to report their departure to or arrival from a foreign place not later than 21 days before such departure or arrival. Imposes a fine and/or prison term of up to 10 years for failure to report such travel. Requires the Secretary of Homeland Security to establish a system of notice to foreign countries about travel outside of the United States by registered sex offenders. Amends the Immigration and Nationality Act to make convicted sex offenders inadmissible to the United States. Amends the Trafficking Victims Protection Act of 2000 to include in the annual report of the Secretary of State on the status of severe forms of human trafficking efforts of foreign countries to identify and provide notice of international travel by sex offenders. Encourages the President to use authorities under the Foreign Assistance Act of 1961 to assist foreign countries in identifying and providing notice of sex offenders traveling to the United States and other countries.

To mandate reporting requirements for convicted sex traffickers and other sex offenders intending to engage in international travel, to provide advance notice of convicted sex offenders who intend to travel outside the United States to the government of the country of destination, to prevent entry into the United States by any foreign sex offender, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cardiac Arrest Survival Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Establishing a nationally uniform baseline of protection from civil liability for persons who use automated external defibrillators (in this section referred to as ``AEDs'') in perceived medical emergencies, who own or hold other property interests in AEDs used in perceived medical emergencies, or who own, occupy, or manage premises in which an AED is used or from which an AED is taken for use in a perceived medical emergency will encourage the deployment of additional AEDs, which will ultimately save lives that would otherwise have been lost to cardiac arrest. (2) The current patchwork of State ``Good Samaritan'' laws provides incomplete, inconsistent, and, in some instances, inadequate protection for entities considering the acquisition or deployment of AEDs. In these circumstances, concerns about potential liability resulting from the good-faith acquisition and deployment of this life-saving technology are inhibiting its deployment. (3) Such concerns are especially acute for entities with operations or facilities in multiple States, yet such entities are also among those in which the widespread deployment of AEDs would be most beneficial. (4) A nationally uniform baseline of protection from civil liability is needed for persons who use AEDs in perceived medical emergencies, who own or hold other property interests in AEDs used in perceived medical emergencies, or who own, occupy, or manage premises in which an AED is used or from which an AED is taken for use in a perceived medical emergency. SEC. 3. LIABILITY REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL DEFIBRILLATORS. Section 248 of the Public Health Service Act (42 U.S.C. 238q) is amended to read as follows: ``SEC. 248. LIABILITY REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL DEFIBRILLATORS. ``(a) Good Samaritan Protections.--Except as provided in subsection (e), in the case of a person who-- ``(1) uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency, and ``(2) is not the owner-acquirer (as defined in subsection (c)(2)) of the device, such person is immune from civil liability for any harm resulting from the use or attempted use of such device by such person. ``(b) Premises Owner/Lessee/Manager Protections.--Except as provided in subsection (e), in the case of a person who-- ``(1) owns, occupies under a lease or similar arrangement, or manages-- ``(A) the premises at which an automated external defibrillator device is used or attempted to be used on a victim of a perceived medical emergency, or ``(B) the premises from which an automated external defibrillator device used or attempted to be used on a victim of a perceived medical emergency is taken for such use, and ``(2) is not the owner-acquirer of such device, such person is immune from civil liability for any harm resulting from such use or attempted use of such device. ``(c) Device Owner-Acquirer Protections.-- ``(1) In general.--Except as provided in subsection (e), an owner-acquirer of an AED is immune from civil liability for any harm resulting from the use or attempted use of such device, unless the harm was proximately caused by the failure of the owner-acquirer to properly maintain the device according to the guidelines of the device manufacturer. ``(2) Owner-acquirer defined.--For purposes of this section, the term `owner-acquirer' means any person who owns or has otherwise acquired a possessory property interest in an AED that is used or attempted to be used on a victim of a perceived medical emergency. ``(d) Applicability of Immunity in Certain Circumstances.--The immunity provided by subsections (a), (b), and (c) of this section shall apply regardless of whether-- ``(1) the AED that is used or attempted to be used is marked with or accompanied by cautionary signage; ``(2) the AED that is used or attempted to be used is registered with any government; ``(3) the person who used or attempted to use the AED saw, read, understood, complied with, or attempted to comply with any cautionary signage present; ``(4) the person who used or attempted to use the AED had received any training relating to the use of (a) AEDs in general or (b) the particular AED used or attempted to be used; or ``(5) the person who used or attempted to use the AED was assisted or supervised by any other person, including but not limited to a licensed physician. ``(e) Inapplicability of Immunity in Certain Circumstances.-- Notwithstanding anything to the contrary in subsection (d) of this section, immunity under subsection (a), (b), or (c)(1) does not apply to a person if-- ``(1) such person's willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the victim proximately caused the harm involved; ``(2) such person is a licensed or certified health professional who used the automated external defibrillator device while acting within the scope of the license or certification of the professional and within the scope of the employment or agency of the professional; ``(3) such person is a hospital, clinic, or other entity whose purpose is providing health care directly to patients, and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent; or ``(4) such person is an owner-acquirer of the device who leased the device to a health care entity (or who otherwise provided the device to such entity for compensation without selling the device to the entity), and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent. ``(f) Rules of Construction.-- ``(1) In general.--The following applies with respect to this section: ``(A) This section does not establish any cause of action, or require that an automated external defibrillator device be placed at any building or other location. ``(B) With respect to the class of persons for which this section provides immunity from civil liability, this section preempts the law of any State to the extent that the otherwise-applicable State law would allow for civil liability in any circumstance where this section would provide immunity from civil liability. ``(C) This section does not waive any protection from liability for Federal officers or employees under-- ``(i) section 233 of this title; or ``(ii) sections 1346(b), 2672, and 2679 of title 28, United States Code, or under alternative benefits provided by the United States where the availability of such benefits precludes a remedy under section 1346(b) of such title 28. ``(2) Civil actions under federal law.-- ``(A) In general.--The applicability of subsections (a), (b), (c), (d), and (e) includes applicability to any action for civil liability described in subsection (a), (b), or (c) that arises under Federal law. ``(B) Federal areas adopting state law.--If a geographic area is under Federal jurisdiction and is located within a State but out of the jurisdiction of the State, and if, pursuant to Federal law, the law of the State applies in such area regarding matters for which there is no applicable Federal law, then an action for civil liability described in subsection (a), (b), or (c) that in such area arises under the law of the State is subject to subsections (a) through (f) in lieu of any related State law that would apply in such area in the absence of this subparagraph. ``(g) Federal Jurisdiction.-- ``(1) In any civil action arising under State law, the courts of the State involved have jurisdiction to apply the provisions of this section. ``(2) The actual, asserted, or potential application of any provision of this section in any civil action or as to any civil claim shall not establish the original jurisdiction of the Federal courts over such action or claim under section 1331 of title 28, United States Code. ``(h) Definitions.-- ``(1) Perceived medical emergency.--For purposes of this section, the term `perceived medical emergency' means circumstances in which the behavior of an individual leads a reasonable person to believe that the individual is experiencing a life-threatening medical condition that requires an immediate medical response regarding the heart or other cardiopulmonary functioning of the individual. ``(2) Other definitions.--For purposes of this section: ``(A) The term `automated external defibrillator device' or `AED' means a defibrillator device that-- ``(i) is commercially distributed in accordance with the Federal Food, Drug, and Cosmetic Act; ``(ii) is capable of recognizing the presence or absence of ventricular fibrillation, and is capable of determining without intervention by the user of the device whether defibrillation should be performed; ``(iii) upon determining that defibrillation should be performed, is able to deliver an electrical shock to an individual; and ``(iv) in the case of a defibrillator device that may be operated in either an automated or a manual mode, is set to operate in the automated mode. ``(B) The term `cautionary signage' means, with respect to an AED, any verbal or non-verbal markings or language purporting to limit use of the AED by members of the general public or to permit use of the AED only by persons with specific skills, qualifications, or training. ``(C)(i) The term `harm' includes physical, nonphysical, economic, and noneconomic losses. ``(ii) The term `economic loss' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. ``(iii) The term `noneconomic losses' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature.''.

Cardiac Arrest Survival Act of 2011 - Amends the Public Health Service Act to expand immunity from civil liability related to automated external defibrillator devices (AEDs), including by giving immunity to: (1) a person who owns, occupies, or manages the premises from which an AED is taken or at which an AED is used or attempted to be used on a victim of a perceived medical emergency; and (2) the owner-acquirer of an AED for any harm resulting from the use or attempted use of such device, unless the harm was proximately caused by the failure of the owner-acquirer to properly maintain the device according to the guidelines of the device manufacturer. Applies immunity regardless of whether: (1) the AED is marked with cautionary signage or registered with any government; or (2) the person who used or attempted to use the AED complied with such signage, had received training on such use, or was assisted or supervised by any other person, including a licensed physician.

To amend the Public Health Service Act to clarify liability protections regarding emergency use of automated external defibrillators.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployment-Based Immigration Adjustment Act of 1993''. SEC. 2. ADJUSTMENT OF WORLDWIDE LEVEL OF IMMIGRATION. (a) Family-Sponsored Immigrants.--Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended-- (1) in paragraph (1)(A), by inserting ``and paragraph (4)'' after ``subparagraph (B)''; (2) in paragraph (1)(B)(ii), by striking ``In no case'' and inserting ``Subject to paragraph (4), in no case''; and (3) by adding at the end the following: ``(4)(A) If for a calender year (beginning with 1993) the unemployment rate (as defined in subparagraph (D)) is-- ``(i) greater than 0.5 percent above the unemployment rate for 1990, the worldwide number of family-sponsored immigrants under this subsection for the fiscal year beginning after that shall be reduced by the percentage described in subparagraph (B) for that calendar year; or ``(ii) less than 0.5 percent below the unemployment rate for 1990, the worldwide number of family-sponsored immigrants under this subsection for the fiscal year beginning after that shall be increased by the percentage described in subparagraph (C) for that calendar year. ``(B) The percentage described in this subparagraph for a calendar year is-- ``(i) the percent by which the unemployment rate in the year exceeds the unemployment rate for 1990, divided by ``(ii) the unemployment rate for 1990, expressed as a percentage. ``(C) The percentage described in this subparagraph for a calendar year is-- ``(i) the percent by which the unemployment rate for 1990 exceeds the unemployment rate in the year, divided by ``(ii) the unemployment rate for 1990, expressed as a percentage. ``(D) In this section, the term `unemployment rate' means, the unemployment rate for the United States for a calendar year as determined by the Bureau of Labor Statistics.''. (b) Employment-Based Immigrants.--Section 201(d) of such Act (8 U.S.C. 1151(d)) is amended-- (1) in paragraph (1) by inserting ``, subject to paragraph (3), after ``for a fiscal year''; and (2) by adding at the end the following: ``(3) If for a calender year (beginning with 1993) the unemployment rate (as defined in subsection (c)(4)(D)) is-- ``(A) greater than 0.5 percent above the unemployment rate for 1990, the worldwide number of employment-based immigrants under this subsection for the fiscal year beginning after that shall be reduced by the percentage described in subsection (c)(4)(B) for that calendar year; or ``(B) less than 0.5 percent below the unemployment rate for 1990, the worldwide number of employment-based immigrants under this subsection for the fiscal year beginning after that shall be increased by the percentage described in subsection (c)(4)(C) for that calendar year.''. (c) Diversity Immigrants.--Section 201(e) of such Act (8 U.S.C. 1151(e)) is amended-- (1) by striking ``The'' and inserting ``(1) Subject to paragraph (2), the''; and (2) by adding at the end the following: ``(3) If for a calendar year (beginning with 1994) the unemployment rate (as defined in subsection (c)(4)(D)) is-- ``(A) greater than 0.5 percent above the unemployment rate for 1990, the worldwide number of diversity immigrants under this subsection for the fiscal year beginning after that shall be reduced by the percentage described in subsection (c)(4)(B) for that calendar year; or ``(B) less than 0.5 percent below the unemployment rate for 1990, for the fiscal year beginning in the following year the worldwide number of diversity immigrants under this subsection shall be increased by the percentage described in subsection (c)(4)(C) for that calendar year.''. (d) Diversity Transition for Aliens Who Are Natives of Certain Adversely Affected Foreign States.--Section 132 of the Immigration Act of 1990 is amended-- (1) in subsection (a) by striking ``Act,'' and inserting ``Act and subject to subsection (g),''; and (2) by adding at the end the following: ``(g) Adjustment Based on Unemployment Rate.--(1) If for a calendar year (beginning with 1993) the unemployment rate (as defined in paragraph (2)) is-- ``(1) greater than 0.5 percent above the unemployment rate for 1990, the number of visas made available under subsection (a) for the fiscal year beginning after that shall be reduced by the percentage described in section 201(c)(4)(B) of the Immigration and Nationality Act for that calendar year; or ``(2) less than 0.5 percent below the unemployment rate for 1990, the number of visas made available under subsection (a) for the fiscal year beginning after that shall be increased by the percentage described in section 201(c)(4)(C) of that Act for that calendar year. ``(2) In this subsection, the term `unemployment rate' means, the unemployment rate for the United States for a calendar year as determined by the Bureau of Labor Statistics.''. (e) Effective Date.--The amendments made by this section shall apply to adjustments of numerical limitations for fiscal years beginning with fiscal year 1994.

Unemployment-Based Immigration Adjustment Act of 1993 - Amends the Immigration and Nationality Act to adjust annual immigration levels in inverse relation to U.S. unemployment levels.

Unemployment-Based Immigration Adjustment Act of 1993

SECTION 1. CERTAIN IMAGING COLORANTS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.01.00 Aryl substituted Free No change No change On or before 12/ ... pyrazonyl 31/2011....... [[[substituted phenyl azo]substituted naphthenyl] Azo phenyl]azo, sodium salt (PMN No. P03-78) (provided for in subheading 3215.11.00)...... 9902.01.00 Substituted Free No change No change On or before 12/ ... naphthalene 31/2011....... [[substituted pyridinyl azo] alkoxyphenyl azo]azo, potassium/sodium salt (PMN No. P04- 390) (provided for in subheading 3215.11.00)...... 9902.01.00 Copper Free No change No change On or before 12/ ... phthalocyanine 31/2011....... substituted with sulphonic acids and alkyl sulphonoamides, sodium/ammonium salts (PMN No. P02-893) (provided for in subheading 3215.19.00)...... 9902.01.00 Copper Free No change No change On or before 12/ ... phthalocyanine 31/2011....... substituted with sulphonic acids and sulphonoamides, sodium salts (CAS No. 90295-11-7) (provided for in subheading 3215.19.00)...... 9902.01.00 Copper Free No change No change On or before 12/ ... phthalocyanine 31/2011....... substituted with sulphonic acids and alkyl sulphonoamides, sodium salt (CAS No.) (provided for in subheading 3215.19.00)...... 9902.01.00 [[Substituted Free No change No change On or before 12/ ... naphthalenylazol] 31/2011....... alkoxyl phenyl azo] carboxyphenylene, lithium salt (PMN No. P-00-351) (provided for in subheading 3215.11.00)...... 9902.01.00 Copper Free No change No change On or before 12/ ... phthalocyanine 31/2011....... substituted with sulphonic acids and sulphonoamides, sodium salts (CAS No. 90295-11-7) (provided for in subheading 3215.19.00)...... 9902.01.00 Substituted Free No change No change On or before 12/ ... napthtylene 31/2011....... [[aminoalkyl triazinediyl]bis substituted phenylene azo]bis, sodium salt (CAS No. 50925-42-3) (provided for in subheading 3215.19.00)...... 9902.01.00 [(Substituted Free No change No change On or before 12/ ... naphthalenylazo) 31/2011....... substituted naphthalenyl azo] carboxyphenylene, sodium salt (PMN No. P-90-394) (provided for in subheading 3215.11.00)...... 9902.01.00 [[Chloro[[[substit Free No change No change On or before 12/ ... uted 31/2011....... naphthylzao]subst ituted naphthalene] Amino] triazinyl] amino] benzoic acid, sodium/ lithium salts (PMN No. P-83- 386) (provided for in subheading 3215.19.00)...... 9902.01.00 Aryl [Substituted Free No change No change On or before 12/ ''. phenylazo] 31/2011....... pyridine, sodium/ lithium salt (PMN No. P-02-234) (provided for in subheading 3215.19.00)...... (b) Effective Date.--The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to suspend temporarily the duty on certain imaging colorants.

A bill to suspend temporarily the duty on certain imaging colorants.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Justice Act of 2007''. SEC. 2. CODIFICATION OF EXECUTIVE ORDER 12898. (a) In General.--The President of the United States is authorized and directed to execute, administer and enforce as a matter of Federal law the provisions of Executive Order 12898, dated February 11, 1994, (``Federal Actions To Address Environmental Justice In Minority Populations and Low-Income Populations'') with such modifications as are provided in this section. (b) Definition of Environmental Justice.--For purposes of carrying out the provisions of Executive Order 12898, the following definitions shall apply: (1) The term ``environmental justice'' means the fair treatment and meaningful involvement of all people regardless of race, color, national origin, educational level, or income with respect to the development, implementation, and enforcement of environmental laws and regulations in order to ensure that-- (A) minority and low-income communities have access to public information relating to human health and environmental planning, regulations and enforcement; and (B) no minority or low-income population is forced to shoulder a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazard. (2) The term ``fair treatment'' means policies and practices that ensure that no group of people, including racial, ethnic, or socioeconomic groups bear disproportionately high and adverse human health or environmental effects resulting from Federal agency programs, policies, and activities. (c) Judicial Review and Rights of Action.--The provisions of section 6-609 of Executive Order 12898 shall not apply for purposes of this Act. SEC. 3. IMPLEMENTATION OF RECOMMENDATIONS BY ENVIRONMENTAL PROTECTION AGENCY. (a) Inspector General Recommendations.--The Administrator of the Environmental Protection Agency shall, as promptly as practicable, carry out each of the following recommendations of the Inspector General of the agency as set forth in report # 2006-P-00034 entitled ``EPA needs to conduct environmental justice reviews of its programs, policies and activities'': (1) The recommendation that the agency's program and regional offices identify which programs, policies, and activities need environmental justice reviews and require these offices to establish a plan to complete the necessary reviews. (2) The recommendation that the Administrator of the agency ensure that these reviews determine whether the programs, policies, and activities may have a disproportionately high and adverse health or environmental impact on minority and low- income populations. (3) The recommendation that each program and regional office develop specific environmental justice review guidance for conducting environmental justice reviews. (4) The recommendation that the Administrator designate a responsible office to compile results of environmental justice reviews and recommend appropriate actions. (b) GAO Recommendations.--In developing rules under laws administered by the Environmental Protection Agency, the Administrator of the Agency shall, as promptly as practicable, carry out each of the following recommendations of the Comptroller General of the United States as set forth in GAO Report numbered GAO-05-289 entitled ``EPA Should Devote More Attention to Environmental Justice when Developing Clean Air Rules'': (1) The recommendation that the Administrator ensure that workgroups involved in developing a rule devote attention to environmental justice while drafting and finalizing the rule. (2) The recommendation that the Administrator enhance the ability of such workgroups to identify potential environmental justice issues through such steps as providing workgroup members with guidance and training to helping them identify potential environmental justice problems and involving environmental justice coordinators in the workgroups when appropriate. (3) The recommendation that the Administrator improve assessments of potential environmental justice impacts in economic reviews by identifying the data and developing the modeling techniques needed to assess such impacts. (4) The recommendation that the Administrator direct appropriate agency officers and employees to respond fully when feasible to public comments on environmental justice, including improving the agency's explanation of the basis for its conclusions, together with supporting data. (c) 2004 Inspector General Report.--The Administrator of the Environmental Protection Agency shall, as promptly as practicable, carry out each of the following recommendations of the Inspector General of the agency as set forth in the report entitled ``EPA Needs to Consistently Implement the Intent of the Executive Order on Environmental Justice'' (Report No. 2004-P-00007): (1) The recommendation that the agency clearly define the mission of the Office of Environmental Justice (OEJ) and provide agency staff with an understanding of the roles and responsibilities of the office. (2) The recommendation that the agency establish (through issuing guidance or a policy statement from the Administrator) specific time frames for the development of definitions, goals, and measurements regarding environmental justice and provide the regions and program offices a standard and consistent definition for a minority and low-income community, with instructions on how the agency will implement and operationalize environmental justice into the agency's daily activities. (3) The recommendation that the agency ensure the comprehensive training program currently under development includes standard and consistent definitions of the key environmental justice concepts (such as ``low-income'', ``minority'', and ``disproportionately impacted'') and instructions for implementation of those concepts. (d) Report.--The Administrator shall submit an initial report to Congress within 6 months after the enactment of this Act regarding the Administrator's strategy for implementing the recommendations referred to in subsections (a), (b), and (c). Thereafter, the Administrator shall provide semi-annual reports to Congress regarding his progress in implementing such recommendations as well as his progress on modifying the Administrator's emergency management procedures to incorporate environmental justice in the agency's Incident Command Structure (in accordance with the December 18, 2006, letter from the Deputy Administrator to the Acting Inspector General of the agency).

Environmental Justice Act of 2007 - Authorizes and directs the President to execute, administer, and enforce as a matter of federal law the provisions of Executive Order 12898, dated February 11, 1994, (Federal Actions To Address Environmental Justice In Minority Populations and Low-Income Populations) with modifications: (1) defining "environmental justice" and "fair treatment"; and (2) providing that the provisions concerning judicial review shall not apply. Requires the Administrator of the Environmental Protection Agency (EPA) to carry out specified recommendations set forth in the following reports: (1) the EPA Inspector General's report number 2006-P-00034 entitled "EPA needs to conduct environmental justice reviews of its programs, policies and activities"; (2) the Government Accountability Office (GAO) report numbered GAO-05-289 entitled "EPA Should Devote More Attention to Environmental Justice when Developing Clean Air Rules"; and (3) the Inspector General's report number 2004-P-00007 entitled "EPA Needs to Consistently Implement the Intent of the Executive Order on Environmental Justice." Requires the Administrator to report semiannually to Congress on the implementation of such recommendations as well as progress on modifying emergency management procedures to incorporate environmental justice in the agency's Incident Command Structure in accordance with the December 18, 2006, letter from the Deputy Administrator to the Acting Inspector General).

To codify Executive Order 12898, relating to environmental justice, to require the Administrator of the Environmental Protection Agency to fully implement the recommendations of the Inspector General of the Agency and the Comptroller General of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``Tim Fagan's Law'' or the ``Counterfeit Drug Enforcement Act of 2014''. SEC. 2. SALE OR TRADE OF PRESCRIPTION DRUGS KNOWINGLY CAUSED TO BE ADULTERATED OR MISBRANDED; MISREPRESENTATION AS APPROVED DRUGS. (a) Criminal Penalty.--Section 303(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(a)) is amended by adding at the end the following paragraphs: ``(3) Notwithstanding paragraph (1) or (2), in the case of a person who violates subsection (a), (b), or (c) of section 301 with respect to a drug that is subject to section 503(b)(1)(B), if the person knowingly caused the drug to be adulterated or misbranded and sells or trades the drug, or the person purchases or trades for the drug knowing or having reason to know that the drug was knowingly caused to be adulterated or misbranded, the person shall be fined in accordance with title 18, United States Code, or imprisoned for any term of years or for life, or both. ``(4) Notwithstanding paragraph (1) or (2), in the case of a person who violates section 301(d) with respect to a drug, if the person caused the drug to be misrepresented as a drug that is subject to section 503(b)(1)(B) and for which an approved application is in effect under section 505 and the person sells or trades the drug, or the person purchases or trades for the drug knowing or having reason to know that the drug was knowingly caused to be so misrepresented, the person shall be fined in accordance with title 18, United States Code, or imprisoned for any term of years or for life, or both.''. (b) Notification of Food and Drug Administration by Manufacturers.--Section 505(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(k)) is amended by adding at the end the following paragraph: ``(6) A manufacturer of a drug that receives or otherwise becomes aware of information that reasonably suggests that a violation described in paragraph (3) or (4) of section 303(a) may have occurred with respect to the drug shall report such information to the Secretary not later than 48 hours after first receiving or otherwise becoming aware of the information.''. SEC. 3. USE OF TECHNOLOGIES FOR PREVENTING COUNTERFEITING OF DRUGS. Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the following: ``(dd) If it is a drug and it is not manufactured in accordance with any regulations of the Secretary requiring the use of technologies that the Secretary has determined are technically feasible and will assist in preventing violations of this Act to which paragraphs (3) and (4) of section 303(a) apply (relating to the knowing adulteration or misbranding of drugs and the knowing misrepresentation of drugs).''. SEC. 4. COUNTERFEIT DRUGS; INCREASED FUNDING FOR INSPECTIONS, EXAMINATIONS, AND INVESTIGATIONS. For the purpose of increasing the capacity of the Food and Drug Administration to conduct inspections, examinations, and investigations under the Federal Food, Drug, and Cosmetic Act with respect to violations described in paragraphs (3) and (4) of section 303(a) of such Act, there is authorized to be appropriated $60,000,000 for each of the fiscal years 2015 through 2018, in addition to other authorizations of appropriations that are available for such purpose. SEC. 5. PUBLIC EDUCATION REGARDING COUNTERFEIT DRUGS. (a) In General.--The Secretary of Health and Human Services shall carry out a program to educate the public and health care professionals on counterfeit drugs, including techniques to identify drugs as counterfeit. (b) Authorization of Appropriations.--For the purpose of carrying out subsection (a), there is authorized to be appropriated $5,000,000 for each of the fiscal years 2015 through 2018, in addition to other authorizations of appropriations that are available for such purpose. SEC. 6. RECALL AUTHORITY REGARDING DRUGS. Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506F the following section: ``SEC. 506G. RECALL AUTHORITY. ``(a) Order To Cease Distribution of Drug; Notification of Health Professionals.-- ``(1) In general.--If the Secretary finds that a drug intended for human use may constitute a threat to the public health, the Secretary shall issue an order requiring the appropriate person (including the manufacturers, importers, distributors, or retailers of the drug)-- ``(A) to immediately cease distribution of the drug; and ``(B) to immediately notify health professionals of the order and to instruct such professionals to cease administering, distributing, selling, or prescribing the drug. ``(2) Informal hearing.--An order under paragraph (1) shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than 10 days after the date of the issuance of the order, on the actions required by the order and on whether the order should be amended to require a recall of the drug involved. If, after providing an opportunity for such a hearing, the Secretary determines that inadequate grounds exist to support the actions required by the order, the Secretary shall vacate the order. ``(b) Order To Recall Drug.-- ``(1) In general.--If, after providing an opportunity for an informal hearing under subsection (a)(2), the Secretary determines that the order should be amended to include a recall of the drug with respect to which the order was issued, the Secretary shall, except as provided in paragraphs (2) and (3), amend the order to require a recall. The Secretary shall specify a timetable in which the drug recall will occur and shall require periodic reports to the Secretary describing the progress of the recall. ``(2) Certain actions.--An amended order under paragraph (1)-- ``(A) shall not require recall of a drug from individuals; and ``(B) shall provide for notice to individuals subject to the risks associated with the use of the drug. ``(3) Assistance of health professionals.--In providing the notice required by paragraph (2)(B), the Secretary may use the assistance of health professionals who administered the drug involved to individuals or prescribed the drug for individuals. If a significant number of such individuals cannot be identified, the Secretary shall notify such individuals pursuant to section 705(b).''. SEC. 7. AUTHORITY TO ISSUE SUBPOENAS WITH RESPECT TO PREVENTING THREATS TO THE PUBLIC HEALTH. Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(a)) is amended by adding at the end the following subsection: ``(h) The Secretary and the Attorney General shall develop and implement a procedure through which the Chief Counsel in the Food and Drug Administration is authorized to issue subpoenas regarding investigations under this Act of acts or omissions that may constitute a threat to the public health, including investigations of alleged violations to which paragraph (3) or (4) of subsection (a) apply and alleged violations with respect to which the Secretary is considering the use of authorities under section 304.''.

Tim Fagan's Law or Counterfeit Drug Enforcement Act of 2014 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to establish a criminal fine and/or imprisonment for a person who: (1) knowingly causes a prescription drug to be adulterated, misbranded, or misrepresented as an approved prescription drug and sells or trades the drug; or (2) purchases or trades for a drug knowing or having reason to know that the drug was knowingly adulterated, misbranded, or misrepresented. Requires a manufacturer of a drug to notify the Department of Health and Human Services (HHS) within 48 hours after first receiving or becoming aware of information that reasonably suggests that such a violation may have occurred. Deems a drug to be misbranded if it is not manufactured using technologies that HHS determines are technically feasible and assist in preventing such violations. Authorizes additional appropriations for Food and Drug Administration (FDA) inspections, examinations, and investigations. Requires HHS to educate the public and health care professionals on counterfeit drugs. Directs HHS, upon a finding that a drug intended for human use may constitute a threat to the public health, to issue an order requiring the appropriate person (including the manufacturers, importers, distributors, or retailers of the drug) to cease distribution of the drug and to notify and instruct health professionals to cease administering, distributing, selling, or prescribing the drug. Requires HHS, after providing the person with an opportunity for an informal hearing, to amend the order to include a recall, if appropriate. Requires HHS and the Attorney General to establish a procedure through which the FDA is authorized to issue subpoenas.

Counterfeit Drug Enforcement Act of 2014

SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Private Student Loan Debt Swap Act of 2009''. (b) Purpose.--It is the purpose of this Act to establish a temporary private student loan debt swap program to assist eligible borrowers in refinancing all or a portion of their private education debt with less costly loans with the same terms and conditions as Federal direct loans. SEC. 2. PRIVATE EDUCATION LOAN REFINANCING. Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following: ``PART J--PRIVATE EDUCATION LOAN REFINANCING ``SEC. 499E. PRIVATE EDUCATION LOAN REFINANCING. ``(a) In General.-- ``(1) Authority.--The Secretary shall carry out a Private Education Loan Debt Swap program in accordance with this section. ``(2) Availability of funds.--There are hereby made available, in accordance with the provisions of this section, such sums as may be necessary to make loans under this section through refinancing to all individuals eligible to receive private education loan refinancing under this section. ``(3) Private education loan.--In this section, the term `private education loan' has the meaning given the term in section 140 of the Truth in Lending Act (15 U.S.C. 1650). ``(b) Eligible Debt Swap Loan Borrower.--An individual shall be eligible to receive private education loan refinancing under this section if the individual-- ``(1)(A) was, at any time after July 1, 1994, eligible to obtain an unsubsidized Federal Stafford Loan under section 428H for a period of undergraduate or graduate enrollment; ``(B) incurred at least 1 private education loan for such period of enrollment; ``(C) is not enrolled in an eligible institution on at least a half-time basis; ``(D) remains indebted on at least 1 private education loan eligible for refinancing under this section and-- ``(i) has never obtained an unsubsidized Federal Stafford Loan under section 428H; or ``(ii) has borrowed an aggregate amount under the unsubsidized Federal Stafford Loan program under section 428H that is less than the maximum aggregate amount indicated under section 428H(d) for loans first disbursed on or after July 1, 2008; ``(E) is not in default on a loan made, insured, or guaranteed under this title; ``(F) has made not less than 2 consecutive payments on the private education loan to be refinanced and is not more than 90 days delinquent on such loan; and ``(G) has not previously obtained refinancing under this section; or ``(2)(A) was, at any time after July 1, 2006, eligible to obtain a Federal PLUS Loan under section 428B for a period of graduate or professional enrollment; ``(B) incurred at least 1 private education loan for such period of enrollment; ``(C) is not in default on a loan made, insured, or guaranteed under this title; ``(D) has made not less than 2 consecutive payments on the private education loan to be refinanced and is not more than 90 days delinquent on such loan; ``(E) does not have an adverse credit history; and ``(F) has not previously obtained refinancing under this section. ``(c) Refinancing Under the Debt Swap Loan Program.-- ``(1) In general.--The Secretary shall refinance or make a payment on a private education loan in accordance with this subsection for an individual who is eligible for private education loan refinancing pursuant to subsection (b). ``(2) Types of loans that shall be refinanced.--A private education loan is eligible to be refinanced under this subsection if the loan was incurred-- ``(A) after July 1, 1994, and before July 1, 2010; and ``(B) to pay the cost of attendance for enrollment in an eligible program at an institution of higher education eligible to participate in programs under this title. ``(3) Loan limits.--The maximum amount of a private education loan that may be refinanced under this subsection is-- ``(A) for an individual described in subsection (b)(1), an amount equal to the sum of unpaid principal, accrued interest, and late charges of all private education loans eligible under paragraph (2) incurred by such individual not to exceed the maximum aggregate amount of unsubsidized Federal Stafford Loans under section 428H(d) for loans first disbursed on or after July 1, 2008, applicable to an undergraduate student under such section if the individual incurred such loan to enroll in an undergraduate program or applicable to a graduate student under such section if the individual incurred such loan to enroll in a graduate program, less any amount previously borrowed by such individual pursuant to section 428 or part D; and ``(B) for an individual described in subsection (b)(2), an amount equal to the sum of unpaid principal, accrued interest, and late charges of all private education loans eligible under paragraph (2) incurred by such individual, less any amount previously borrowed by such individual pursuant to section 428B for such period of enrollment in a graduate or professional program. ``(4) Interest rate.--The interest rate for a private education loan refinanced under this subsection shall be-- ``(A) for an individual described in subsection (b)(1), the same interest rate applicable to an unsubsidized Federal Stafford Loan; and ``(B) for an individual described in subsection (b)(2), the same interest rate applicable to a Federal Direct PLUS loan. ``(5) Repayment terms.--A private education debt swap loan made under this subsection through refinancing shall have the same repayment terms, conditions, and benefits as Federal Direct Consolidation Loans. ``(6) Termination of authority.--The authority to refinance private education loans under this subsection expires on July 1, 2011, or the date that is 1 year after certification by the Secretary to Congress that the debt swap loan program pursuant to this section is fully operational, whichever date is later. ``(7) Loan application and promissory note.--The Secretary shall develop and distribute a standard application and promissory note and loan disclosure form for loans made under this section through refinancing. ``(8) Loan disbursement.--Proceeds of any loan made under this section shall be paid by the Secretary directly to the holder of the private education loan being refinanced for the purpose of discharging or reducing such private education loan debt on behalf of the borrower, subject to repayment terms under this section. ``(d) Public Awareness Campaign.-- ``(1) In general.--The Secretary shall carry out a national awareness campaign on the availability and benefits of refinancing private education loans under this section. ``(2) Content of campaign.--The campaign described in paragraph (1) shall include-- ``(A) explaining the benefits of borrowing through the Federal student loan programs authorized under this title compared to private loans; and ``(B) information on all of the repayment options, loan forgiveness opportunities, low-fixed interest rates and other benefits of such Federal student loan programs. ``(e) Report to Congress.--The Secretary shall report to Congress annually on the volume and repayment status of private education loans refinanced under this section.''.

Private Student Loan Debt Swap Act of 2009 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to implement a Private Education Loan Debt Swap program. Requires the Secretary, under such program, to refinance the private education loans of certain borrowers who: (1) after July 1, 1994, were eligible for unsubsidized Stafford Loans under the Federal Family Education Loan (FFEL) program, or, after July 1, 2006, were eligible for FFEL PLUS Loans for graduate or professional education; (2) are not in default on a loan made, insured, or guaranteed under title IV; and (3) have made at least two consecutive payments on the private education loan to be refinanced and are not more than 90 days delinquent on such loan. Makes the program applicable only to private education loans incurred after July 1, 1994, and before July 1, 2010, which were used for the cost of enrolling at institutions of higher education eligible to participate in title IV programs. Sets the interest rate on such refinanced loans at the rate applicable to: (1) unsubsidized Stafford loans, for borrowers who were eligible for such loans; and (2) Federal Direct PLUS loans, for borrowers who were eligible for those loans. Gives refinanced loans the same repayment terms, conditions, and benefits as Consolidation Loans under the Direct Loan program. Directs the Secretary carry out a national awareness campaign on the availability and benefits of refinancing private education loans under this program.

A bill to amend title IV of the Higher Education Act of 1965 to authorize private education loan refinancing under the Federal student loan program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Mental Health Treatment First Act''. SEC. 2. MENTAL HEATH CARE AND REHABILITATION FOR VETERANS FOR SERVICE- RELATED POST-TRAUMATIC STRESS DISORDER, DEPRESSION, ANXIETY DISORDER, OR RELATED SUBSTANCE USE DISORDER. (a) In General.--Subchapter II of chapter 17 of title 38, United States Code, is amended by inserting after section 1712B the following new section: ``Sec. 1712C. Mental health care and rehabilitation for service-related post-traumatic stress disorder, depression, anxiety disorder, or related substance use disorder ``(a) In General.--The Secretary shall carry out a program of mental health care and rehabilitation for veterans who-- ``(1) are diagnosed by a physician of the Department with post-traumatic stress disorder, depression, anxiety disorder, or substance use disorder related to post-traumatic stress disorder, depression, or anxiety disorder that is service- related (as determined in accordance with subsection (b)); and ``(2) agree to the conditions of participation applicable to such veterans set forth in subsection (c). ``(b) Treatment of Conditions as Service-Related.--(1) A condition of a veteran described in subsection (a)(1) shall be treated as service-related for purposes of this section if-- ``(A) the condition has previously been adjudicated by the Secretary to be service-connected; or ``(B) the condition is judged by the physician of the Department making the diagnosis for the veteran as described in subsection (a)(1) to be plausibly related to the service of the veteran in the active military, naval, or air service. ``(2) The Secretary shall prescribe in regulations the standards to be utilized by physicians of the Department in judging under paragraph (1)(B) whether or not a condition of a veteran described in subsection (a)(1) is plausibly related to the service of the veteran in the active military, naval, or air service. ``(c) Conditions of Participation.--(1) As conditions for participation in the program under this section, a veteran seeking mental health care and rehabilitation under the program for a condition described in subsection (a)(1) who has not yet filed a claim for disability under this title for such condition shall agree as follows: ``(A) To comply substantially with the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran. ``(B) Not to submit a claim for disability compensation under chapter 11 of this title for post-traumatic stress disorder, depression, anxiety disorder, or a related substance use disorder until the earlier of-- ``(i) the end of the one-year period beginning on the date of the commencement of the program by the veteran; or ``(ii) the conclusion of the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran. ``(2) As conditions for participation in the program under this section, a veteran seeking mental health care and rehabilitation under the program for a condition described in subsection (a)(1) who has filed a claim for disability under this title for such condition that has not been adjudicated by the Secretary at the time of the diagnosis of the veteran described in subsection (a)(1)-- ``(A) shall agree to comply substantially with the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran; and ``(B) may agree, at the election of the veteran, to the suspension by the Secretary of adjudication of such claim until completion by the veteran of the treatment regimen and rehabilitation plan. ``(3) As conditions for participation in the program under this section, a veteran seeking mental health care and rehabilitation under the program for one or more conditions described in subsection (a)(1) that have been determined by the Secretary to be service-connected shall agree as follows: ``(A) To comply substantially with the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran. ``(B) Not to submit a claim for an increase in disability compensation under chapter 11 of this title for or based on such condition or conditions until the earlier of-- ``(i) the end of the one-year period beginning on the date of the commencement of the program by the veteran; or ``(ii) the completion of the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran. ``(d) Treatment Regimen and Rehabilitation Plan.--(1) The Secretary shall provide for each veteran who participates in the program under this section a treatment regimen and rehabilitation plan for the post- traumatic stress disorder, depression, anxiety disorder, or related substance use disorder of such veteran as described in subsection (a)(1). The treatment regimen and rehabilitation plan shall be devised by appropriate clinicians and other appropriate personnel of the Department assigned for that purpose. ``(2) The treatment regimen and rehabilitation plan for a veteran under this subsection shall include such mental health care and rehabilitation as the clinicians and other personnel concerned consider appropriate for the remediation of the condition or conditions of the veteran covered by the plan. ``(3) The duration of each treatment regimen and rehabilitation plan under this subsection shall be such period as the clinician concerned considers appropriate. ``(e) Wellness Stipends.--(1) Subject to paragraph (4), each veteran covered by subsection (c)(1) who participates in the program under this section shall be paid a stipend as follows: ``(A) $2,000 payable upon commencement of the treatment regimen and rehabilitation plan provided under subsection (d) for such veteran. ``(B) $1,500 payable every 90 days thereafter upon certification by the clinician treating such veteran under the program that such veteran is in substantial compliance with such treatment regimen and rehabilitation plan, except that the total amount payable to such veteran under this subparagraph may not exceed $6,000. ``(C) $3,000 payable at the earlier of-- ``(i) the date of the conclusion of such treatment regimen and rehabilitation plan; or ``(ii) one year after the date of the commencement of such treatment regimen and rehabilitation plan by the veteran. ``(2) Subject to paragraph (4), each veteran covered by subsection (c)(2) who participates in the program under this section shall be paid a stipend as follows: ``(A) If such veteran agrees as provided in subparagraph (B) of subsection (c)(2), the stipend payable under paragraph (1). ``(B) If such veteran does not agree as provided in subparagraph (B) of subsection (c)(2), the stipend payable under paragraph (3). ``(3) Subject to paragraph (4), each veteran covered by subsection (c)(3) who participates in the program under this section shall be paid a stipend as follows: ``(A) $667 payable upon commencement of the treatment regimen and rehabilitation plan provided under subsection (d) for such veteran. ``(B) $500 payable every 90 days thereafter upon certification by the clinician treating such veteran under the program that such veteran is in substantial compliance with such treatment regimen and rehabilitation plan, except that the total amount payable to such veteran under this subparagraph may not exceed $2,000. ``(C) $1,000 payable at the earlier of-- ``(i) the date of the conclusion of such treatment regimen and rehabilitation plan; or ``(ii) one year after the date of the commencement of such treatment regimen and rehabilitation plan by the veteran. ``(4) In the event a veteran is determined by the Secretary to have failed to comply with any condition agreed to by the veteran under subsection (c), payment to the veteran of any stipend otherwise authorized to be payable under this subsection shall cease. ``(f) Limitation on Participation.--(1) Except as provided in paragraph (2), a veteran may participate only once in the program under this section. ``(2)(A) A veteran may participate more than once in the program under this section if the Secretary determines that such additional participation in the program will assist the veteran in achieving the remediation of the condition or conditions addressed by participation in the program. ``(B) The total amount of stipend payable under subsection (e) to a veteran covered by subparagraph (A) may not exceed $11,000.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1712B the following new item: ``1712C. Mental health care and rehabilitation for service-related post-traumatic stress disorder, depression, anxiety disorder, or related substance use disorder.''.

Veterans Mental Health Treatment First Act - Directs the Secretary of Veterans Affairs to carry out a program of mental health care and rehabilitation for veterans who: (1) are diagnosed by a Department of Veterans Affairs (VA) physician with post-traumatic stress disorder (PTSD) or depression, anxiety, or substance abuse that is either related to the PTSD or service-related; and (2) agree to participation conditions, including compliance with a treatment regimen and rehabilitation plan prescribed by the Secretary of Veterans Affairs. Requires each participant to be paid a stipend during successful program participation, limiting to $11,000 the total stipend paid to each individual.

A bill to amend title 38, United States Code, to require a program of mental health care and rehabilitation for veterans for service-related post-traumatic stress disorder, depression, anxiety disorder, or a related substance use disorder, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``D'Oench Duhme Reform Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) in D'Oench Duhme & Co. v. Federal Deposit Insurance Corporation, 315 U.S. 447 (1942), the Supreme Court determined that secret side agreements that were not recorded in the records of an insured depository institution should not be enforceable against Federal banking agencies when those agencies acquired assets following the failure of the institution; (2) the Supreme Court based its holding (hereafter in this section referred to as the ``D'Oench doctrine'') on its power to develop Federal common law; (3) in 1950, the Congress supplemented the D'Oench doctrine by amending section 13(e) of the Federal Deposit Insurance Act to invalidate agreements relating to assets acquired by Federal banking agencies that were not recorded in official depository institution records; (4) Federal and State courts have expanded the scope of the D'Oench doctrine and section 13(e) of the Federal Deposit Insurance Act by interpreting them to bar tort claims based on oral representations, claims that do not relate to assets acquired by Federal banking agencies, and numerous other claims and defenses beyond the original scope and intent of those two lines of authority; (5) the Federal banking agencies' aggressive use of the D'Oench doctrine and section 13(e) of the Federal Deposit Insurance Act in the administrative claims process and litigation, combined with the expansive interpretation of those authorities by the Supreme Court, have led to fundamentally unfair results; and (6) many individuals have been barred from asserting potentially valid claims and defenses once an insured depository institution has been declared insolvent and taken over by a Federal banking agency. (b) Purposes.--The purposes of this Act are-- (1) to unify the lines of authority developed under the Federal common law and referred to in subsection (a) and section 13(e) of the Federal Deposit Insurance Act, so that all cases relating to agreements against the interest of the Federal Deposit Insurance Corporation are decided pursuant to Federal statutory law; and (2) to return the D'Oench doctrine to its original purpose by continuing to bar the enforcement of unrecorded agreements, but allowing certain potentially valid intentional tort and other claims and defenses to be adjudicated on their merits. SEC. 3. CLARIFICATION. Section 13(e) of the Federal Deposit Insurance Act (12 U.S.C. 1823(e)) is amended to read as follows: ``(e) Agreements Against Interests of the Corporation.-- ``(1) In general.--No agreement which tends to diminish or defeat the interest of the Corporation in any asset acquired by the Corporation under this section or under section 11, by purchase or assumption, or in its capacity as receiver of any insured depository institution, shall be enforceable against the Corporation unless that agreement is in writing and was executed in the ordinary course of business by an insured depository institution through an officer or other employee or representative of the institution having the authority to execute such an agreement on behalf of the institution. ``(2) Claims against the corporation.--Notwithstanding paragraph (1), no court may bar, estop, or otherwise prohibit the adjudication against the Corporation, in its corporate capacity and as receiver of an insured depository institution, of-- ``(A) a claim or defense that does not relate to specific assets acquired by the Corporation; ``(B) a claim or defense that does relate to transactions that would not, in the normal course of business, be reflected in the transaction records of the institution; ``(C) a claim or defense in litigation commenced before the date of the appointment of the Corporation as receiver or conservator for the insured depository institution; ``(D) a claim or defense, filed at any time, based on alleged intentional torts or alleged violation of State or Federal law, if-- ``(i) the party asserting the claim or defense demonstrates that the party did not-- ``(I) participate in a scheme to defraud the subject insured depository institution; or ``(II) knowingly lend itself to a scheme to mislead bank examiners by misrepresenting the value of the assets of the institution; and ``(ii) any oral representations relied upon are not in conflict with a written agreement contained in the records of the institution. ``(3) Status as holder in due course.--Except as otherwise provided in paragraph (1), any other provision of Federal statutory law, or applicable State law, the Corporation may not defeat a claim related to an asset by demonstrating that the asset was acquired in good faith, for value, and without actual knowledge of the claim, unless the Corporation also demonstrates that the asset was not acquired by the Corporation upon its appointment as conservator or receiver or as part of a purchase and assumption transaction. ``(4) Exception for vendor agreements.--Subsection (e)(1) does not apply to an agreement for the sale or purchase of goods or services actually received by or delivered to an insured depository institution before the date of appointment of a receiver for that institution.''. SEC. 4. REPEAL. Section 11(d) of the Federal Deposit Insurance Act (12 U.S.C. 1821(d)) is amended-- (1) by striking paragraph (9); and (2) by redesignating paragraphs (10) through (19) as paragraphs (9) through (18), respectively. SEC. 5. CONFORMING AMENDMENTS. Section 11 of the Federal Deposit Insurance Act (12 U.S.C. 1821) is amended-- (1) in subsection (e)-- (A) in paragraph (8)(A), by striking ``subsection (d)(9) of this section and''; (B) in paragraph (8)(B), by striking ``(12)'' and inserting ``(11)''; and (C) in paragraph (8)(E), by striking ``subsection (d)(9) of this section,''; and (2) in subsection (g)(4), by striking ``(d)(11)'' and inserting ``(d)(10)''. SEC. 6. APPLICABILITY. Section 13(e) of the Federal Deposit Insurance Act, as amended by this Act, shall apply to administrative claims brought or pending, and any litigation filed, in progress, or on appeal, on or after October 19, 1993.

D'Oench Duhme Reform Act - Amends the Federal Deposit Insurance Corporation Act to revise its D'Oench Duhme provisions which render unenforceable against the Federal Deposit Insurance Corporation (FDIC) in its capacity as receiver of an insured depository institution any secret side agreements not recorded in the institution's records. Declares that an agreement against the interests of the FDIC in its capacity as receiver is not enforceable against it unless the agreement is in writing and was executed by the insured depository institution in the ordinary course of business. Declares that no court may prohibit the adjudication of specified types of claims and defenses against the FDIC in its capacity as receiver of an insured depository institution, including certain intentional tort claims and other claims that do not relate to specific assets acquired by the FDIC. Declares that, except as otherwise provided by Federal or State law, the FDIC may not defeat a claim related to an asset by demonstrating that it acquired the asset as a holder in due course without actual knowledge of the claim, unless it also demonstrates that the asset was not acquired upon its appointment as conservator or receiver or as part of a purchase and assumption transaction. Excepts from this provision vendor agreements for the sale or purchase of goods or services delivered to an insured depository institution before the appointment of a receiver for such institution.

D'Oench Duhme Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hood Bay Land Exchange Act of 1997''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The Alaska National Interest Lands Conservation Act established the Admiralty Island National Monument which is managed by the Secretary of Agriculture, by and through the Forest Service. (2) The Forest Service has established a policy of encouraging the acquisition of private land inholdings within Admiralty Island National Monument on a willing buyer/willing seller basis. Congress has supported this policy, for example by passage of the Greens Creek Land Exchange Act of 1996 which provided for a land exchange of certain public and private lands in Admiralty Island National Monument. (3) Lands owned by Alaska Pulp Corporation, consisting of 54 acres, more or less, located in Hood Bay on Admiralty Island within the boundaries of the Kootznoowoo Wilderness are available for transfer to Federal ownership on a willing seller/willing buyer basis. The acquisition of these lands would provide Federal ownership of this valuable land in a critical area of Admiralty Island National Monument. (4) The United States is the owner of certain reversionary interests to 143.87 acres, more or less, located adjacent to Silver Bay near Sitka, Alaska, which interests were reserved in patent No. 1213671 issued to the Alaska Pulp Corporation on October 18, 1960. The transfer of the reversionary interests of the United States in such lands adjacent to Silver Bay to the Alaska Pulp Corporation would facilitate future use and development of that land. (5) The future acquisition by the United States of the Chaik Bay property on Admiralty Island to be incorporated into the Kootznoowoo Wilderness would be in the public interest. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``ANILCA'' means the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.). (2) The term ``Company'' means the Alaska Pulp Corporation, an Alaska corporation, its successors, and assigns. (3) The term ``Company Property'' means the property depicted on United States Survey Plat 1058 approved March 20, 1917, consisting of approximately 54 acres of land. (4) The term ``Federal Property'' means the reversionary interest of the United States described in paragraphs (6) and (7) of the patent dated October 18, 1960, granted by the Bureau of Land Management to Alaska Lumber & Pulp Co., which was recorded at Book 15, Pages 271-273, Sitka Recording District on November 9, 1960. The term ``Federal Property'' does not include the interests described in paragraphs (1) through (5) of the said patent. (5) The term ``Monument'' means the Admiralty Island National Monument, which was established by section 503 of ANILCA and which is managed by the Secretary of Agriculture as a unit of the National Forest System. (6) The term ``Secretary'' means the Secretary of Agriculture. (7) The term ``Sitka'' means the city and borough of Sitka, Alaska, a home-rule borough formed in accordance with the laws of the State of Alaska. (8) The term ``Sitka Property'' means the property depicted on the maps entitled ``Sitka Property'', dated August 29, 1997, consisting of approximately 49 acres of land. SEC. 4. LAND EXCHANGE, TRANSFER, RELINQUISHMENT. (a) Exchange of Company and Federal Property.--After the Company conveys to the United States, by general warranty deed, all right, title, and interest of the Company in and to the Company Property, the Secretary shall within 60 days of acceptance of delivery of said deed, unconditionally and without limitation except as provided herein, relinquish to the Company all right, title, and interest of the United States in and to the Federal Property and shall evidence that relinquishment by conveying to the Company a quitclaim deed to the Federal Property. (b) Relinquishment of Property to Sitka.--Upon relinquishment of the Federal Property to the Company under subsection (a), the Company shall transfer all right, title, and interest of the Company in the Sitka Property to Sitka. (c) Availability of Maps.--The maps referred to in section 3(3) depicting the Company Property and in section 3(4) depicting the Federal Property shall be on file and available for public inspection in the Office of the Forest Supervisor, Chatham Area, Tongass National Forest, in Sitka, Alaska. The maps referred to in section 3(8) depicting the Sitka Property shall be on file and available for public inspection in the Office of the Manager of the city and borough of Sitka, Alaska, until the conveyance described in subsection (b), at which time the maps shall be recorded along with the deed. SEC. 5. PROCESSING OF AND TERMS AND CONDITIONS RELATING TO LAND EXCHANGE. (a) Surveys.--Notwithstanding any other provision of law, the Secretary of the Interior may conduct and approve all cadastral surveys that are necessary for completion of the exchange. The cost of any surveys shall be borne by the Company. (b) Equal Value Exchange.--The values of the Federal Property and the Company Property are deemed to be of equal value. (c) Administration.--The Secretary is directed to implement and administer the rights and obligations of the United States under this Act. (d) Cleanup Obligations.--Nothing in this Act shall impact or alter the Company's rights, duties, and obligations regarding investigation, remediation, cleanup, and restoration under its September 10, 1995, Commitment Agreement with the State of Alaska or other applicable law. The Company shall use its property consistent with all restrictive covenants, including those restrictive covenants recorded on September 4, 1997. (e) Title Standards.--Title to the Company Property to be conveyed to the United States shall be acceptable to the Secretary consistent with the title review standard of the Attorney General of the United States. SEC. 6. GENERAL PROVISIONS. (a) Management of Company Property.--Upon acquisition of the Company Property by the United States pursuant to this Act, said property shall be managed as a part of the Admiralty Island National Monument and the Kootznoowoo Wilderness. (b) Authorization To Negotiate for Acquisition of Property.--In furtherance of the purposes of the Kootznoowoo Wilderness, the Secretary, acting through the Forest Service, is authorized to enter into negotiations with the owners of private property in Chaik Bay on Admiralty Island, with the objective of acquiring such property. The Secretary is authorized to enter into an option to purchase or an exchange agreement with the owners of such property to be effected either through existing administrative mechanisms provided by law and regulation, or by subsequent ratification by Act of Congress. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Hood Bay Land Exchange Act of 1997 - Provides for: (1) the relinquishment, by quitclaim deed, of the reversionary interest of the United States in specified Federal land in Sitka, Alaska, to the Alaska Pulp Corporation in exchange, by general warranty deed, for specified Corporation property located within the Admiralty Island National Monument; and (2) the Corporation's transfer of specified property to Sitka. Deems the values of the Federal Property and the Corporation's Property to be equal. States that nothing in this Act shall impact or alter the Corporation's rights, duties, and obligations regarding investigation, remediation, cleanup, and restoration under its September 10, 1995, Commitment Agreement with the State of Alaska or other applicable law. Requires the Corporation Property acquired by the United States to be managed as a part of the Admiralty Island National Monument and the Kootznoowoo Wilderness. Authorizes the Secretary of Agriculture, acting through the Forest Service, to negotiate with the owners of private property in the Chaik Bay on Admiralty Island, with the objective of acquiring such property. Allows the Secretary to enter into an option to purchase or an exchange agreement with such property owners to be effected either through existing administrative mechanisms provided by law and regulation, or by subsequent ratification by Act of Congress.

Hood Bay Land Exchange Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act''. SEC. 2. CRIME VICTIMS' RIGHTS. (a) Amendment to Title 18.--Part II of title 18, United States Code, is amended by adding at the end the following: ``CHAPTER 237--CRIME VICTIMS' RIGHTS ``Sec. ``3771. Crime victims' rights. ``Sec. 3771. Crime victims' rights ``(a) Rights of Crime Victims.--A crime victim has the following rights: ``(1) The right to be reasonably protected from the accused. ``(2) The right to reasonable, accurate, and timely notice of any public proceeding involving the crime or of any release or escape of the accused. ``(3) The right not to be excluded from any such public proceeding. ``(4) The right to be reasonably heard at any public proceeding involving release, plea, or sentencing. ``(5) The right to confer with the attorney for the Government in the case. ``(6) The right to full and timely restitution as provided in law. ``(7) The right to proceedings free from unreasonable delay. ``(8) The right to be treated with fairness and with respect for the victim's dignity and privacy. ``(b) Rights Afforded.--In any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a). The reasons for any decision denying relief under this chapter shall be clearly stated on the record. ``(c) Best Efforts to Accord Rights.-- ``(1) Government.--Officers and employees of the Department of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a). ``(2) Conflict.--In the event of any material conflict of interest between the prosecutor and the crime victim, the prosecutor shall advise the crime victim of the conflict and take reasonable steps to direct the crime victim to the appropriate legal referral, legal assistance, or legal aid agency. ``(3) Notice.--Notice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person. ``(d) Enforcement and Limitations.-- ``(1) Rights.--The crime victim, the crime victim's lawful representative, and the attorney for the Government may assert the rights established in this chapter. A person accused of the crime may not obtain any form of relief under this chapter. ``(2) Multiple crime victims.--In a case where the court finds that the number of crime victims makes it impracticable to accord all of the crime victims the rights contained in this chapter, the court shall fashion a procedure to give effect to this chapter. ``(3) Writ of mandamus.--If a Federal court denies any right of a crime victim under this chapter or under the Federal Rules of Criminal Procedure, the Government or the crime victim may apply for a writ of mandamus to the appropriate court of appeals. The court of appeals shall take up and decide such application forthwith and shall order such relief as may be necessary to protect the crime victim's ability to exercise the rights. ``(4) Error.--In any appeal in a criminal case, the Government may assert as error the district court's denial of any crime victim's right in the proceeding to which the appeal relates. ``(5) New trial.--In no case shall a failure to afford a right under this chapter provide grounds for a new trial. ``(6) No cause of action.--Nothing in this chapter shall be construed to authorize a cause of action for damages. ``(e) Definitions.--For the purposes of this chapter, the term `crime victim' means a person directly and proximately harmed as a result of the commission of a Federal offense. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim's estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim's rights under this chapter, but in no event shall the defendant be named as such guardian or representative. ``(f) Procedures to Promote Compliance.-- ``(1) Regulations.--Not later than 1 year after the date of enactment of this chapter, the Attorney General of the United States shall promulgate regulations to enforce the rights of crime victims and to ensure compliance by responsible officials with the obligations described in law respecting crime victims. ``(2) Contents.--The regulations promulgated under paragraph (1) shall-- ``(A) establish an administrative authority within the Department of Justice to receive and investigate complaints relating to the provision or violation of the rights of a crime victim; ``(B) require a course of training for employees and offices of the Department of Justice that fail to comply with provisions of Federal law pertaining to the treatment of crime victims, and otherwise assist such employees and offices in responding more effectively to the needs of crime victims; ``(C) contain disciplinary sanctions, including suspension or termination from employment, for employees of the Department of Justice who willfully or wantonly fail to comply with provisions of Federal law pertaining to the treatment of crime victims; and ``(D) provide that the Attorney General, or the designee of the Attorney General, shall be the final arbiter of the complaint, and that there shall be no judicial review of the final decision of the Attorney General by a complainant.''. (b) Table of Chapters.--The table of chapters for part II of title 18, United States Code, is amended by inserting at the end the following: ``237. Crime victims' rights................................ 3771''. (c) Repeal.--Section 502 of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10606) is repealed. SEC. 3. INCREASED RESOURCES FOR ENFORCEMENT OF CRIME VICTIMS' RIGHTS. (a) Crime Victims Legal Assistance Grants.--The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after section 1404C the following: ``SEC. 1404D. CRIME VICTIMS LEGAL ASSISTANCE GRANTS. ``(a) In General.--The Director may make grants as provided in section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public and private entities, to develop, establish, and maintain programs for the enforcement of crime victims' rights as provided in law. ``(b) False Claims Act.--Notwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31, United States Code (commonly known as the `False Claims Act'), may be used for grants under this section, subject to appropriation.''. (b) Authorization of Appropriations.--In addition to funds made available under section 1402(d) of the Victims of Crime Act of 1984, there are authorized to be appropriated to carry out this Act-- (1) $2,000,000 for fiscal year 2005 and $5,000,000 for each of fiscal years 2006, 2007, 2008, and 2009 to United States Attorneys Offices for Victim/Witnesses Assistance Programs; (2) $2,000,000 for fiscal year 2005 and $5,000,000 in each of the fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice for enhancement of the Victim Notification System; (3) $300,000 in fiscal year 2005 and $500,000 for each of the fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice for staff to administer the appropriation for the support of the National Crime Victim Law Institute or other organizations as designated under paragraph (4); (4) $7,000,000 for fiscal year 2005 and $11,000,000 for each of the fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice, for the support of-- (A) the National Crime Victim Law Institute and the establishment and operation of the Institute's programs to provide counsel for victims in criminal cases for the enforcement of crime victims' rights in Federal jurisdictions, and in States and tribal governments that have laws substantially equivalent to the provisions of chapter 237 of title 18, United States Code; or (B) other organizations substantially similar to that organization as determined by the Director of the Office for Victims of Crime. (c) Increased Resources to Develop State-of-the-Art Systems for Notifying Crime Victims of Important Dates and Developments.--The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after section 1404D the following: ``SEC. 1404E. CRIME VICTIMS NOTIFICATION GRANTS. ``(a) In General.--The Director may make grants as provided in section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public or private entities, to develop and implement state-of-the-art systems for notifying victims of crime of important dates and developments relating to the criminal proceedings at issue in a timely and efficient manner, provided that the jurisdiction has laws substantially equivalent to the provisions of chapter 237 of title 18, United States Code. ``(b) Integration of Systems.--Systems developed and implemented under this section may be integrated with existing case management systems operated by the recipient of the grant. ``(c) Authorization of Appropriations.--In addition to funds made available under section 1402(d), there are authorized to be appropriated to carry out this section-- ``(1) $5,000,000 for fiscal year 2005; and ``(2) $5,000,000 for each of the fiscal years 2006, 2007, 2008, and 2009. ``(d) False Claims Act.--Notwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31, United States Code (commonly known as the `False Claims Act'), may be used for grants under this section, subject to appropriation.''. SEC. 4. REPORTS. (a) Administrative Office of the United States Courts.--Not later than 1 year after the date of enactment of this Act and annually thereafter, the Administrative Office of the United States Courts, for each Federal court, shall report to Congress the number of times that a right established in chapter 237 of title 18, United States Code, is asserted in a criminal case and the relief requested is denied and, with respect to each such denial, the reason for such denial, as well as the number of times a mandamus action is brought pursuant to chapter 237 of title 18, and the result reached. (b) General Accounting Office.-- (1) Study.--The Comptroller General shall conduct a study that evaluates the effect and efficacy of the implementation of the amendments made by this Act on the treatment of crime victims in the Federal system. (2) Report.--Not later than 3 years after the date of enactment of this Act, the Comptroller General shall prepare and submit to the appropriate committees a report containing the results of the study conducted under subsection (a).

Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act - Amends the Federal criminal code to provide that a crime victim has the following rights: (1) to be reasonably protected from the accused; (2) to reasonable, accurate, and timely notice of any public proceeding involving the crime or of any release or escape of the accused and to not be excluded from any such proceeding; (3) to be reasonably heard at any public proceeding involving release, plea, or sentencing; (4) to confer with the attorney for the Government in the case; (5) to full and timely restitution as provided in law; (6) to proceedings free from unreasonable delay; and (7) to be treated with fairness and with respect for the victim's dignity and privacy. Directs: (1) the court to ensure that a victim is afforded these rights; (2) officers and employees of Federal agencies engaged in the detection, investigation, or prosecution of crime to make their best efforts to see that victims are notified of, and accorded, these rights; and (3) the Attorney General to promulgate regulations to enforce victims' rights and to ensure compliance by responsible officials with the obligations respecting crime victims. Amends the Victims of Crime Act of 1984 to authorize the Director of the Office for Victims of Crime to make grants to: (1) develop, establish, and maintain programs for the enforcement of victims' rights; and (2) develop and implement state-of-the-art systems for notifying victims of important dates and developments relating to criminal proceedings. Requires: (1) the Administrative Office of the United States Courts to report annually on the number of times such victims' rights are asserted and the relief requested is denied; and (2) the Comptroller General to evaluate the effect of this Act on the treatment of victims.

To protect crime victims' rights.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Finance Improvement Act of 1998''. SEC. 2. MANDATORY ELECTRONIC PRESERVATION AND FILING OF FEDERAL ELECTION COMMISSION REPORTS; ACCESS THROUGH INTERNET SITE. (a) Electronic Filing Through the Internet.--Section 304(a)(11) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)) is amended to read as follows: ``(11)(A) Through a competitive bidding process, the Commission shall establish a public Internet site not later than January 1, 1999, with the following features: ``(i) Any person filing a report required by this Act may post the report directly on the site. ``(ii) Any member of the public may obtain the reports posted on the site (together with any other information the Commission may make available through the site) at any time. ``(iii) Any information in a report posted on the site shall be subject to the same prohibition on sale and use as information from a report or statement under paragraph (4). ``(iv) All information posted on the site shall be integrated in a manner which permits users to search the information across categories and sources. ``(B) Each person required to file a report under this Act shall file the report by posting it directly on the Internet site established under subparagraph (A), or by filing it by such electronic method as the Commission may designate to enable the Commission to post the report on such site immediately upon receipt. ``(C) The Commission shall provide for one or more methods (other than requiring a signature on the report being filed) for verification of reports filed in accordance with the methods described in subparagraph (B). Any verification under the preceding sentence shall be treated for all purposes (including penalties for perjury) in the same manner as a verification by signature. ``(D) As used in this paragraph, the term ``report'' means, with respect to the Commission, a report, designation, or statement required by this Act to be filed with the Commission.''. (b) Requiring Commission To Make Software Available.--Section 311(a) of such Act (2 U.S.C. 438(a)) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by striking the period at the end of paragraph (10) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(11) through competitive bidding, obtain and provide for computer software required to carry out section 304(a)(11).''. (c) Internet Defined.--Section 301 of such Act (2 U.S.C. 431) is amended by striking paragraph (19) and inserting the following new paragraph: ``(19) The term `Internet' means the international computer network of both Federal and non-Federal interoperable packet-switched data networks.''. SEC. 3. EXPANDING REPORTING REQUIREMENTS FOR CERTAIN CONTRIBUTIONS. (a) Requiring Reporting of All Contributions of $200 or More Within 10 Days of Receipt.--Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(d)(1) Each political committee which receives a contribution of $200 or more shall notify the Commission of the contribution not later than 10 days after receipt, and shall include the identification of the contributor, the date of receipt and amount of the contribution, and (in the case of an authorized committee of a candidate) the name of the candidate and the office sought by the candidate. ``(2) The report required under this subsection shall be in addition to all other reports required under this Act.''. (b) Expanding Types of Contributions to Principal Campaign Committees Subject to Expedited Reporting.--Section 304(a)(6)(A) of such Act (2 U.S.C. 434(a)(6)(A)) is amended-- (1) by striking ``$1,000'' and inserting ``$200''; and (2) by striking ``20th day'' and inserting ``90th day''. SEC. 4. REQUIRING MAJORITY OF AMOUNT OF CONTRIBUTIONS ACCEPTED BY HOUSE CANDIDATES TO COME FROM IN-STATE RESIDENTS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i)(1) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not accept contributions with respect to an election from persons other than individuals residing in the State involved totaling in excess of the aggregate amount of contributions accepted with respect to the election from individuals residing in the State involved. ``(2) Paragraph (1) shall not apply with respect to contributions from a political committee of a national, State, or local political party (including any subordinate committee thereof).''. SEC. 5. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON IDENTIFICATION OF CONTRIBUTORS. Section 302(i) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(i)) is amended-- (1) by striking ``(i) When the treasurer'' and inserting ``(i)(1) Except as provided in paragraph (2), when the treasurer''; and (2) by adding at the end the following new paragraph: ``(2) Paragraph (1) shall not apply with respect to information regarding the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year (as required to be provided under subsection (c)(3)).''. SEC. 6. LOWERING THRESHOLD FOR CASH CONTRIBUTIONS. Section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441g) is amended by striking ``exceed $100'' and inserting ``exceed $20''. SEC. 7. CONTRIBUTIONS BY DEPENDENTS NOT OF VOTING AGE. Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new paragraph: ``(9)(A) For purposes of the limitations imposed by this section, any contribution made by a dependent minor shall be treated as follows: ``(i) If the dependent minor is the dependent of one other individual, the contribution shall be treated as a contribution made by such other individual. ``(ii) If the dependent minor is the dependent of another individual and such other individual's spouse, the contribution shall be allocated among such individuals in such manner as such other individuals may determine. ``(B) In this paragraph, the term `dependent minor' means an individual who-- ``(i) is a dependent of another individual; and ``(ii) has not, as of the time of making the contribution involved, attained the legal age for voting in elections for Federal office in the State in which such individual resides.''. SEC. 8. PROHIBITING NON-CITIZEN INDIVIDUALS FROM MAKING CONTRIBUTIONS IN CONNECTION WITH FEDERAL ELECTIONS. Section 319(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e(b)(2)) is amended by striking ``and who is not lawfully admitted'' and all that follows and inserting a period. SEC. 9. MANDATORY SUBMISSION OF MONTHLY REPORTS BY NATIONAL POLITICAL PARTY COMMITTEES. Section 304(a)(4)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(4)(B)) is amended-- (1) by striking ``monthly reports'' and inserting ``in the case of a national committee of a political party and any other political committee (other than an authorized committee of a candidate) not filing quarterly reports under subparagraph (A), monthly reports''; and (2) by striking the period at the end and inserting the following: ``except that in the case of a national committee of a political party, the committee shall file the reports due in November and December of such year together with such a pre- general election report, post-general election report, and year end report.''. SEC. 10. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY EXPENDITURES OF POLITICAL PARTIES. (a) Transfers of Funds by National Political Parties.--Section 304(b)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(4)) is amended-- (1) by striking ``and'' at the end of subparagraph (H); (2) by adding ``and'' at the end of subparagraph (I); and (3) by adding at the end the following new subparagraph: ``(J) in the case of a political committee of a national political party, all funds transferred to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures under this title;''. (b) Disclosure by State Political Parties of Information Reported Under State Law.--Section 304 of such Act (2 U.S.C. 434), as amended by section 3(a), is further amended by adding at the end the following new subsection: ``(e) If a political committee of a State political party is required under a State or local law, rule, or regulation to submit a report on its disbursements to an entity of the State or local government, the committee shall file a copy of the report with the Commission at the time it submits the report to such an entity.''. SEC. 11. UNION DISCLOSURE. (a) In General.--Section 201(b) of the Labor Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431(b)) is amended-- (1) by striking ``and'' at the end of paragraph (5); and (2) by adding at the end the following: ``(7) an itemization of amounts spent by the labor organization for-- ``(A) contract negotiation and administration; ``(B) organizing activities; ``(C) strike activities; ``(D) political activities; ``(E) lobbying and promotional activities; and ``(F) market recovery and job targeting programs; and ``(8) all transactions involving a single source or payee for each of the activities described in subparagraphs (A) through (F) of paragraph (7) in which the aggregate cost exceeds $10,000.''. (b) Computer Network Access.--Section 201(c) of the Labor Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431(c)) is amended by inserting ``including availability of such reports via a public Internet site or another publicly accessible computer network,'' after ``its members,''. (c) Reporting by Secretary.--Section 205(a) of the Labor Management Reporting and Disclosure Act of 1959 (29 U.S.C. 435(a)) is amended by inserting after ``and the Secretary'' the following: ``shall make the reports and documents filed pursuant to section 201(b) available via a public Internet site or another publicly accessible computer network. The Secretary''. SEC. 12. PROHIBITING INVOLUNTARY ASSESSMENT OF EMPLOYEE FUNDS FOR POLITICAL ACTIVITIES. (a) In General.--Section 316 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b) is amended by adding at the end the following new subsection: ``(c)(1) Except with the separate, prior, written, voluntary authorization of each individual, it shall be unlawful-- ``(A) for any national bank or corporation described in this section to collect from or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activity in which the national bank or corporation is engaged; and ``(B) for any labor organization described in this section to collect from or assess its members or nonmembers any dues, initiation fee, or other payment if any part of such dues, fee, or payment will be used for political activity in which the labor organization is engaged. ``(2) An authorization described in paragraph (1) shall remain in effect until revoked and may be revoked at any time. Each entity collecting from or assessing amounts from an individual with an authorization in effect under such paragraph shall provide the individual with a statement that the individual may at any time revoke the authorization. ``(3) For purposes of this subsection, the term `political activity' means any activity carried out for the purpose of influencing (in whole or in part) any election for Federal office, influencing the consideration or outcome of any Federal legislation or the issuance or outcome of any Federal regulations, or educating individuals about candidates for election for Federal office or any Federal legislation, law, or regulations.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to amounts collected or assessed on or after the date of the enactment of this Act. SEC. 13. SOLICITATIONS BY TRADE ASSOCIATIONS OF SHAREHOLDERS AND PERSONNEL OF MEMBER CORPORATIONS. Section 316(b)(4)(D) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(4)(D)) is amended by striking ``to the extent that'' and all that follows and inserting a period. SEC. 14. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this Act shall apply with respect to elections and transactions occurring after December 31, 1998.

Campaign Finance Improvement Act of 1998 - Amends the Federal Election Campaign Act of 1971 (FECA) to require the Federal Election Commission to: (1) establish a specified public Internet site by January 1, 1999; (2) permit persons required to file reports under FECA to file such reports by directly posting them on the Internet site or by filing them electronically to enable the Commission to post reports on such site immediately upon receipt; (3) provide for one or more methods (other than requiring a signature on the reports being filed) for verification of reports filed in accordance with the methods described in the preceding; and (4) obtain and provide for computer software required to carry out this Act through competitive bidding. (Sec. 3) Requires each political committee which receives a contribution of $200 or more to report the contribution not later than ten days after receipt and include the contributor's identification, the date of receipt and the contribution amount, and (in the case of a candidate's authorized committee) the candidate's name and the office sought by the candidate. Expands the types of contributions required to be reported by principal campaign committees and changes the deadline for reporting such contributions by any authorized committee of a candidate. (Sec. 4) Prohibits House of Representatives candidates from accepting contributions in an election from persons other than in-State residents totaling in excess of the aggregate amount of contributions accepted in the election from such residents, with the exception of contributions from national, State, and local political parties. (Sec. 5) Waives the "best efforts" exception with respect to information on the identification of any person who makes a contribution or contributions aggregating more than $200 in a year. (Sec. 6) Lowers the threshold for U.S. and foreign cash contributions from $100 to $20. (Sec. 7) Sets forth requirements for the treatment of contributions made by dependent minors. (Sec. 8) Redefines foreign national to include any individual who is not a U.S. citizen, whether in the U.S. lawfully or unlawfully. (Sec. 9) Requires the submission of monthly reports by national political party committees and any other political committees (other than candidates' authorized committees) not filing quarterly reports. Requires national political party committees to file the reports due in November and December of any year in which a regularly scheduled general election is held, together with the pre-general election report, post-general election report, and year end report. (Sec. 10) Requires the disclosure of all fund transfers by national political parties to State and local political parties, without regard to whether or not the funds are otherwise treated as contributions or expenditures. Requires disclosure by State political parties of disbursements required to be reported under State or local law. (Sec. 11) Amends the Labor Management Reporting and Disclosure Act of 1959 to: (1) require the inclusion of specified expenditures in the annual financial reports of labor organizations; and (2) make information contained in labor organization reports and annual financial reports available via a public Internet site or another publicly accessible computer network. (Sec. 12) Amends FECA to make it unlawful, except with the separate, prior, written, voluntary authorization of each individual, for: (1) national banks or corporations to collect from or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities in which the labor organization is engaged. States that an authorization shall remain in effect until revoked and may be revoked at any time. Requires each entity collecting from or assessing amounts from an individual with an authorization in effect to provide the individual with a statement that the individual may at any time revoke the authorization. (Sec. 13) Removes the conditions on the solicitation of contributions by trade associations from shareholders and personnel (and their families) of member corporations of such associations.

Campaign Finance Improvement Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Highway Construction Private Investment Act of 1993''. SEC. 2. INCLUSION OF INTERSTATE SYSTEM IN TOLL ROAD PROGRAM. Section 129(a)(1) of title 23, United States Code, is amended-- (1) in subparagraph (A) by striking ``(other than a highway, bridge, or tunnel on the Interstate System)''; and (2) in subparagraph (D) by striking ``(other than a highway on the Interstate System)''. SEC. 3. MINIMUM OBLIGATIONS FOR PRIVATELY FINANCED TOLL FACILITIES. Section 129 of title 23, United States Code, is amended by adding at the end the following new subsection: ``(e) Private Participation in Financing of Toll Facilities.-- ``(1) Minimum obligations.-- ``(A) General rule.--In order not to have funds withheld under paragraph (2), each State shall enter into in each fiscal year beginning after September 30, 1993, under subsection (a) contracts with private persons to finance construction of toll facilities which require the private persons to obligate under such contracts in the aggregate an amount equal to or exceeding the State's aggregate apportionment amount for such fiscal year. ``(B) Aggregate apportionment amount defined.--As used in this subsection, the term `aggregate apportionment amount' means-- ``(i) in the case of fiscal year 1994, 15 percent of the aggregate amount of funds apportioned to the State for fiscal year 1994 under sections 104, 144, 157, and 160 of this title and sections 1013(c) and 1015 of the Intermodal Surface Transportation Efficiency Act of 1991; ``(ii) in the case of fiscal year 1995, 20 percent of the aggregate amount of funds apportioned to the State for fiscal year 1995 under such sections; and ``(iii) in the case of fiscal year 1996 and thereafter, 25 percent of the aggregate amount of funds apportioned to the State for the fiscal year under such sections. ``(2) Withholding of apportionments.-- ``(A) In general.--If a State does not enter into contracts described in paragraph (1) in a fiscal year which require private persons to obligate under such contracts an aggregate amount equal to or exceeding the State's aggregate apportionment for such fiscal year, the Secretary shall withhold from apportionment under sections 104, 144, 157, and 160 of this title and sections 1013(c) and 1015 of the Intermodal Surface Transportation Efficiency Act of 1991 on the first day of the succeeding fiscal year an amount equal to the difference between the aggregate apportionment amount and the amount required to be obligated under such contracts. ``(B) Treatment.--The amount to be withheld from apportionment to a State under subparagraph (A) shall be withheld proportionately from each of the apportionments to the State under the sections referred to under subparagraph (A). ``(3) Obligation authority.-- ``(A) Treatment of withheld apportionments; corresponding obligation authority.--For purposes of imposition of any limitation on obligations for Federal-aid highways and highway safety construction programs, funds withheld from apportionment to a State under paragraph (2) for a fiscal year shall be treated as having been apportioned to the State for the fiscal year; except that obligation authority under such limitation corresponding to the funds so withheld from apportionment shall be distributed in accordance with subparagraph (B). ``(B) Distribution of obligation authority.-- Obligation authority corresponding to funds withheld from apportionment under paragraph (2) shall be-- ``(i) distributed to the State from which such funds were withheld if the Secretary finds under paragraph (4) that the State made good faith efforts to enter into contracts described in paragraph (1); or ``(ii) distributed proportionately among the States to which such funds are apportioned under paragraph (5) if the Secretary does not make such a finding. ``(4) Apportionment of withheld funds.--If, before October 31 of such fiscal year, a State from which funds are withheld from apportionment for a fiscal year under paragraph (2) demonstrates to the satisfaction of the Secretary that it used good faith efforts to enter into contracts described in paragraph (1) in the preceding fiscal year which require private persons to obligate an aggregate amount which equals or exceeds the State's aggregate apportionment amount for such fiscal year, the Secretary shall apportion, on the date of making such finding, to the State the withheld funds. ``(5) Reapportionment of withheld funds.-- ``(A) In general.--If, before October 31 of a fiscal year, the Secretary does not find that a State made the good faith efforts referred to in paragraph (4), the Secretary shall apportion, not later than November 10 of such fiscal year, the funds withheld from apportionment to the State among those States which entered into contracts described in paragraph (1) in the preceding fiscal year which required private persons to obligate an aggregate amount exceeding those State's respective aggregate apportionment amounts for such fiscal year. Such funds shall be apportioned among such States so that each of such States is apportioned an amount determined by multiplying the amount of funds withheld from apportionment and the quotient of-- ``(i) the percentage by which-- ``(I) the aggregate amount which was actually required to be obligated by private persons under contracts described in paragraph (1) and entered into in the preceding fiscal year with the State for which determination is being made; exceeds ``(II) the aggregate apportionment amount for the preceding fiscal year of the State for which the determination is being made; divided by ``(ii) the aggregate of all such percentages for all such States. ``(B) Transfer to stp apportionment.--Subject to subparagraph (C), the Secretary shall transfer amounts apportioned to a State under this paragraph to the apportionment of such State under section 104(b)(3) for the surface transportation program. ``(C) Limitation on applicability of certain requirements of stp program.--The following provisions of section 133 of this title shall not apply to the amounts transferred under subparagraph (B) to the apportionment of the State for the surface transportation program: ``(i) Subsection (d)(1). ``(ii) Subsection (d)(2). ``(iii) Subsection (d)(3).''.

Highway Construction Private Investment Act of 1993 - Directs the Secretary of Transportation to permit Federal participation in initial construction of any toll highway, bridge, or tunnel on the Interstate System and in the reconstruction of a toll-free Federal-aid highway on the Interstate System and its conversion to a toll facility. Requires each State, to avoid having specified Federal highway funds withheld from apportionment, to enter into contracts with private persons to finance construction of toll facilities which require such persons to obligate under such contracts, in the aggregate, an amount equal to or exceeding the State's aggregate apportionment amount for the fiscal year. Sets forth provisions regarding the reapportionment of withheld funds.

Highway Construction Private Investment Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Contracting and Federal Lands Management Demonstration Project Act''. SEC. 2. DEFINITIONS. For the purposes of this Act, the following definitions shall apply: (1) Federal lands.--The term ``Federal lands'' means any land or interests in land owned by the United States, including leasehold interests held by the United States, except Indian trust lands. (2) Indian tribe.--The term ``Indian tribe'' has the meaning given such term by section 4(e) of the Indian Self- Determination and Education Assistance Act. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. PURPOSES. (a) In General.--The purposes of this Act are-- (1) to expand the provisions of the Indian Self Determination and Education Assistance Act, as amended (25 U.S.C. 450 et seq.), in order to expand Native employment and income through greater contracting opportunities with the Federal Government; (2) to encourage Native contracting on Federal lands for purposes of benefiting from the knowledge and expertise of Native people in order to promote innovative management strategies on Federal lands that will lead to greater sensitivity toward, and respect for, Native American religious beliefs and sacred sites; (3) to better accommodate access to and ceremonial use of Indian sacred lands by Indian religious practitioners; and (4) to prevent significant damage to Indian sacred lands. SEC. 4. NATIVE AMERICAN FEDERAL LANDS MANAGEMENT DEMONSTRATION PROJECT. (a) In General.--The Indian Self Determination and Education Assistance Act is amended by adding a new subsection as follows: ``SEC. --. NATIVE AMERICAN FEDERAL LANDS MANAGEMENT DEMONSTRATION PROJECT. ``(a) In General.--The Secretary of the Interior shall establish the `Native American Federal Lands Management Demonstration Project' to enter contracts with Indian tribes or tribal organizations to perform functions including, but not limited to, archeological, anthropological and cultural surveys and analyses, and activities related to the identification, maintenance, or protection of lands considered to have religious, ceremonial or cultural significance to Indian tribes. ``(b) Participation.--During each of the 2 fiscal years immediately following the date of the enactment, the Secretary shall select not less than 12 eligible Indian tribes or tribal organizations to participate in the demonstration project. ``(c) Eligibility.--To be eligible to participate in the demonstration project, an Indian tribe or tribal organization, shall-- ``(1) request participation by resolution or other official action of the governing body of the Indian tribe or tribal organization; ``(2) demonstrate financial and management stability and capability, as evidenced by the Indian tribe or tribal organization having no unresolved significant and material audit exceptions for the previous 3 fiscal years; and (3) demonstrate significant use of or dependency upon the relevant conservation system unit or other public land unit for which programs, functions, services, and activities are requested to be placed under contract. ``(d) Planning Phase.--Each Indian tribe and tribal organization selected by the Secretary to participate in the demonstration project shall complete a planning phase prior to negotiating and entering into a conservation system unit management contract. The planning phase shall be conducted to the satisfaction of the Indian tribe or tribal organization and shall include-- ``(1) legal and budgetary research; and ``(2) internal tribal planning and organizational preparation. ``(e) Contracts.-- ``(1) In general.--Upon request of a participating Indian tribe or tribal organization that has completed the planning phase pursuant to subsection (e), the Secretary shall negotiate and enter into a contract with the Indian tribe or tribal organization for the Indian tribe or tribal organization to plan, conduct, and administer programs, services, functions, and activities, or portions thereof, requested by the Indian tribe or tribal organization and related to archeological, anthropological and cultural surveys and analyses, and activities related to the identification, maintenance or protection of lands considered to have religious, ceremonial or cultural significance to Indian tribes. ``(2) Time limitation for negotiation of contracts.--Not later than 90 days after a participating Indian tribe or tribal organization has notified the Secretary that it has completed the planning phase required by subsection (e), the Secretary shall initiate and conclude negotiations, unless an alternative negotiation and implementation schedule is otherwise agreed to by the parties. The declination and appeals provisions of the Indian Self-Determination and Education Assistance Act, including section 110 of such Act, shall apply to contracts and agreements requested and negotiated under this Act. ``(f) Contract Administration.-- ``(1) Inclusion of certain terms.--At the request of the contracting Indian tribe or tribal organization, the benefits, privileges, terms, and conditions of agreements entered into pursuant to titles I and IV of the Indian Self-Determination and Education Assistance Act may be included in a contract entered into under this Act. If any provisions of the Indian Self-Determination and Education Assistance Act are incorporated, they shall have the same force and effect as if set out in full in this Act and shall apply notwithstanding any other provision of law. The parties may include such other terms and conditions as are mutually agreed to and not otherwise contrary to law. ``(2) Audit.--Contracts entered into under this Act shall provide for a single-agency audit report to be filed as required by chapter 75 of title 31, United States Code. ``(3) Transfer of employees.--Any career Federal employee employed at the time of the transfer of an operation or program to an Indian tribe or tribal organization shall not be separated from Federal service by reason of such transfer. Intergovernmental personnel actions may be used to transfer supervision of such employees to the contracting Indian tribe or tribal organization. Such transferred employees shall be given priority placement for any available position within their respective agency, notwithstanding any priority reemployment lists, directives, rules, regulations, or other orders from the Department of the Interior, the Office of Management and Budget, or other Federal agencies. ``(g) Available Funding; Payment.--Under the terms of a contract negotiated pursuant to subsection (f), the Secretary shall provide each Indian tribe or tribal organization funds in an amount not less than the Secretary would have otherwise provided for the operation of the requested programs, services, functions, and activities. Contracts entered into under this Act shall provide for advance payments to the tribal organizations in the form of annual or semiannual installments. ``(h) Timing; Contract Authorization Period.--An Indian tribe or tribal organization selected to participate in the demonstration project shall complete the planning phase required by subsection (c) not later than 1 calendar year after the date that it was selected for participation and may begin implementation of its requested contract no later than the first day of the next fiscal year. The Indian tribe or tribal organization and the Secretary may agree to an alternate implementation schedule. Contracts entered into pursuant to this Act are authorized to remain in effect for 5 consecutive fiscal years, starting from the fiscal year the participating Indian tribe or tribal organization first entered into its contract under this Act. ``(i) Report.--Not later than 90 days after the close of each of fiscal years 2003 and 2006, the Secretary shall present to the Congress detailed reports, including a narrative, findings, and conclusions on the costs and benefits of this demonstration project. ``(j) Planning Grants.-- ``(1) In general.--Subject to the availability of appropriated funds, upon application the Secretary shall award a planning grant in the amount of $100,000 to any Indian tribe or tribal organization selected for participation in the demonstration project to enable it to plan for the contracting of programs, functions, services, and activities as authorized under this Act and meet the planning phase requirement of subsection (e). An Indian tribe or tribal organization may choose to meet the planning phase requirement without applying for a grant under this subsection. No Indian tribe or tribal organization may receive more than 1 grant under this subsection. ``(2) Authorization of appropriations.--There is authorized to be appropriated such sums as are necessary for each of the 2 fiscal years immediately following the date of the enactment of this Act to fund planning grants under this section.''. SEC. 5. TRIBAL PROCUREMENT CONTRACTING AND RESERVATION DEVELOPMENT. (a) In General.--Section 7 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) is amended by adding at the end thereof the following new subsection (d): ``(d) Fostering Tribal Procurement Contracting and Reservation Development.-- ``(1) Upon the request and application of an Indian tribe to provide certain services or deliverables which the Secretary of the Interior would otherwise procure from a private sector entity, and absent a request to contract those services or deliverables pursuant to section 102 of this Act (25 U.S.C. 450f) made by the tribe or tribes to be directly benefited by said services or deliverables, the Secretary of the Interior shall contract for such services or deliverables through the applicant Indian tribe pursuant to section 102 of this Act (25 U.S.C. 450f). ``(2) Subsection (1) shall not apply unless the applicant tribe provides assurances to the Secretary that the principal beneficiary of the contracted services remains the tribe or tribes originally intended to benefit from the services or deliverables. For purposes of this subsection, the contracting tribe shall enjoy no less than the same rights and privileges under this Act as would the beneficiary tribe if the beneficiary tribe exercised its rights to contract under section 102 of this Act. If at any time the beneficiary tribe (or tribes) seeks to contract services being provided by the contracting tribe, the beneficiary tribe (or tribes) shall give the contracting tribe and the Secretary of the Interior no less than 180 days' notice.''.

Native American Contracting and Federal Lands Management Demonstration Project Act - Amends the Indian Self Determination and Education Assistance Act to direct the Secretary of the Interior to establish the Native American Federal Lands Management Demonstration Project.Requires the project to contract with at least 12 Indian tribes or tribal organizations to perform archeological, anthropological and cultural surveys and analyses, and activities related to the identification, maintenance, or protection of lands considered to have religious, ceremonial or cultural significance to Indian tribes.Sets forth criteria for participation, including demonstrated financial and management stability and capability and significant use of or dependency upon the relevant conservation system unit or other public land unit for which programs, functions, services, and activities are requested to be placed under contract.Makes funding available for planning grants.Amends the Indian Self-Determination and Education Assistance Act to direct the Secretary to contract with an applying Indian tribe for the provision of certain services or deliverables that would otherwise be procured from the private sector and for which the tribe to be benefitted by such services or deliverables has not exercised its right to contract.

A bill to encourage Native contracting over the management of Federal lands, and for other purposes.

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-c-o-m-m-i-s-s-i-o-n -s-h-a-l-l -n-o-t -a-f-f-e-c-t -i-t-s -p-o-w-e-r-s-, -b-u-t -s-h-a-l-l -b-e -f-i-l-l-e-d -i-n -t-h-e -s-a-m-e -m-a-n-n-e-r -a-s -t-h-e -o-r-i-g-i-n-a-l -a-p-p-o-i-n-t-m-e-n-t-. -(-5-) -C-h-a-i-r-p-e-r-s-o-n -a-n-d -v-i-c-e -c-h-a-i-r-p-e-r-s-o-n-.----T-h-e -c-o-m-m-i-s-s-i-o-n -s-h-a-l-l -s-e-l-e-c-t -a -C-h-a-i-r-p-e-r-s-o-n -a-n-d -V-i-c-e -C-h-a-i-r-p-e-r-s-o-n -f-r-o-m -a-m-o-n-g -t-h-e -m-e-m-b-e-r-s -o-f -t-h-e -c-o-m-m-i-s-s-i-o-n-. -(-6-) -M-e-e-t-i-n-g-s-.--- -(-A-) -I-n-i-t-i-a-l -m-e-e-t-i-n-g-.----T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -s-c-h-e-d-u-l-e -a-n-d -c-a-l-l -t-h-e -f-i-r-s-t -m-e-e-t-i-n-g -n-o-t -l-a-t-e-r -t-h-a-n -3-0 -d-a-y-s -a-f-t-e-r -t-h-e -d-a-t-e -o-n -w-h-i-c-h -a-l-l -m-e-m-b-e-r-s -o-f -t-h-e -c-o-m-m-i-s-s-i-o-n -h-a-v-e -b-e-e-n -a-p-p-o-i-n-t-e-d-. -(-B-) -S-u-b-s-e-q-u-e-n-t -m-e-e-t-i-n-g-s-.--- -T-h-e -c-o-m-m-i-s-s-i-o-n -s-h-a-l-l -m-e-e-t -a-t -t-h-e -c-a-l-l -o-f -t-h-e -C-h-a-i-r-p-e-r-s-o-n-. -(-7-) -C-o-m-p-e-n-s-a-t-i-o-n -o-f -m-e-m-b-e-r-s-.--- -M-e-m-b-e-r-s -o-f -t-h-e -c-o-m-m-i-s-s-i-o-n -s-h-a-l-l -s-e-r-v-e -w-i-t-h-o-u-t -c-o-m-p-e-n-s-a-t-i-o-n-, -e-x-c-e-p-t -t-h-a-t -m-e-m-b-e-r-s -s-h-a-l-l -b-e -a-l-l-o-w-e-d -t-r-a-v-e-l -e-x-p-e-n-s-e-s-, -i-n-c-l-u-d-i-n-g -p-e-r -d-i-e-m -i-n -l-i-e-u -o-f -s-u-b-s-i-s-t-e-n-c-e-, -a-t -r-a-t-e-s -a-u-t-h-o-r-i-z-e-d -f-o-r -e-m-p-l-o-y-e-e-s -o-f -a-g-e-n-c-i-e-s -u-n-d-e-r -s-u-b-c-h-a-p-t-e-r -I -o-f -c-h-a-p-t-e-r -5-7 -o-f -t-i-t-l-e -5-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-, -w-h-i-l-e -a-w-a-y -f-r-o-m -t-h-e-i-r -h-o-m-e-s -o-r -r-e-g-u-l-a-r -p-l-a-c-e-s -o-f -b-u-s-i-n-e-s-s -i-n -t-h-e -p-e-r-f-o-r-m-a-n-c-e -o-f -s-e-r-v-i-c-e-s -f-o-r -t-h-e -c-o-m-m-i-s-s-i-o-n-. -(-8-) -S-t-a-f-f-.-- -(-A-) -I-n -g-e-n-e-r-a-l-.---T-h-e -C-h-a-i-r-p-e-r-s-o-n -o-f -t-h-e -c-o-m-m-i-s-s-i-o-n -m-a-y-, -w-i-t-h-o-u-t -r-e-g-a-r-d -t-o -t-h-e -c-i-v-i-l -s-e-r-v-i-c-e -l-a-w-s -a-n-d -r-e-g-u-l-a-t-i-o-n-s-, -a-p-p-o-i-n-t -a-n-d -t-e-r-m-i-n-a-t-e -a-n -e-x-e-c-u-t-i-v-e -d-i-r-e-c-t-o-r -a-n-d -s-u-c-h -o-t-h-e-r -a-d-d-i-t-i-o-n-a-l -p-e-r-s-o-n-n-e-l -a-s -m-a-y -b-e -n-e-c-e-s-s-a-r-y -t-o -e-n-a-b-l-e -t-h-e -c-o-m-m-i-s-s-i-o-n -t-o -p-e-r-f-o-r-m -i-t-s -d-u-t-i-e-s-. -T-h-e -e-m-p-l-o-y-m-e-n-t -o-f -a-n -e-x-e-c-u-t-i-v-e -d-i-r-e-c-t-o-r -s-h-a-l-l -b-e -s-u-b-j-e-c-t -t-o -c-o-n-f-i-r-m-a-t-i-o-n -b-y -t-h-e -c-o-m-m-i-s-s-i-o-n-. -(-B-) -C-o-m-p-e-n-s-a-t-i-o-n-.---T-h-e -C-h-a-i-r-p-e-r-s-o-n -m-a-y -f-i-x -t-h-e -c-o-m-p-e-n-s-a-t-i-o-n -o-f -t-h-e -e-x-e-c-u-t-i-v-e -d-i-r-e-c-t-o-r -a-n-d -o-t-h-e-r -p-e-r-s-o-n-n-e-l -w-i-t-h-o-u-t -r-e-g-a-r-d -t-o -t-h-e -p-r-o-v-i-s-i-o-n-s -o-f -c-h-a-p-t-e-r -5-1 -a-n-d -s-u-b-c-h-a-p-t-e-r -I-I-I -o-f -c-h-a-p-t-e-r -5-3 -o-f -t-i-t-l-e -5-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-, -r-e-l-a-t-i-n-g -t-o -c-l-a-s-s-i-f-i-c-a-t-i-o-n -o-f -p-o-s-i-t-i-o-n-s -a-n-d -G-e-n-e-r-a-l -S-c-h-e-d-u-l-e -p-a-y -r-a-t-e-s-, -e-x-c-e-p-t -t-h-a-t -t-h-e -r-a-t-e -o-f -p-a-y -f-o-r -t-h-e -e-x-e-c-u-t-i-v-e -d-i-r-e-c-t-o-r -a-n-d -o-t-h-e-r -p-e-r-s-o-n-n-e-l -m-a-y -n-o-t -e-x-c-e-e-d -t-h-e -r-a-t-e -p-a-y-a-b-l-e -f-o-r -l-e-v-e-l -V -o-f -t-h-e -E-x-e-c-u-t-i-v-e -S-c-h-e-d-u-l-e -u-n-d-e-r -s-e-c-t-i-o-n -5-3-1-6 -o-f -s-u-c-h -t-i-t-l-e-. -(-9-) -D-e-t-a-i-l -o-f -g-o-v-e-r-n-m-e-n-t -e-m-p-l-o-y-e-e-s-.---A-n-y -F-e-d-e-r-a-l -G-o-v-e-r-n-m-e-n-t -e-m-p-l-o-y-e-e -m-a-y -b-e -d-e-t-a-i-l-e-d -t-o -t-h-e -c-o-m-m-i-s-s-i-o-n -w-i-t-h-o-u-t -r-e-i-m-b-u-r-s-e-m-e-n-t-, -a-n-d -s-u-c-h -d-e-t-a-i-l -s-h-a-l-l -b-e -w-i-t-h-o-u-t -i-n-t-e-r-r-u-p-t-i-o-n -o-r -l-o-s-s -o-f -c-i-v-i-l -s-e-r-v-i-c-e -s-t-a-t-u-s -o-r -p-r-i-v-i-l-e-g-e-. -(-1-0-) -P-r-o-c-u-r-e-m-e-n-t -o-f -t-e-m-p-o-r-a-r-y -a-n-d -i-n-t-e-r-m-i-t-t-e-n-t -s-e-r-v-i-c-e-s-.---T-h-e -C-h-a-i-r-p-e-r-s-o-n -m-a-y -p-r-o-c-u-r-e -t-e-m-p-o-r-a-r-y -a-n-d -i-n-t-e-r-m-i-t-t-e-n-t -s-e-r-v-i-c-e-s -u-n-d-e-r -s-e-c-t-i-o-n -3-1-0-9-(-b-) -o-f -t-i-t-l-e -5-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-, -a-t -r-a-t-e-s -f-o-r -i-n-d-i-v-i-d-u-a-l-s -w-h-i-c-h -d-o -n-o-t -e-x-c-e-e-d -t-h-e -d-a-i-l-y -e-q-u-i-v-a-l-e-n-t -o-f -t-h-e -a-n-n-u-a-l -r-a-t-e -o-f -b-a-s-i-c -p-a-y -p-r-e-s-c-r-i-b-e-d -f-o-r -l-e-v-e-l -V -o-f -t-h-e -E-x-e-c-u-t-i-v-e -S-c-h-e-d-u-l-e -u-n-d-e-r -s-e-c-t-i-o-n -5-3-1-6 -o-f -s-u-c-h -t-i-t-l-e-. -(-1-1-) -P-o-w-e-r-s -o-f -t-h-e -c-o-m-m-i-s-s-i-o-n-.--- -(-A-) -I-n-f-o-r-m-a-t-i-o-n -f-r-o-m -f-e-d-e-r-a-l -a-g-e-n-c-i-e-s-.---T-h-e -c-o-m-m-i-s-s-i-o-n -m-a-y -s-e-c-u-r-e -d-i-r-e-c-t-l-y -f-r-o-m -a-n-y -F-e-d-e-r-a-l -d-e-p-a-r-t-m-e-n-t -o-r -a-g-e-n-c-y -s-u-c-h -i-n-f-o-r-m-a-t-i-o-n -a-s -t-h-e -c-o-m-m-i-s-s-i-o-n -c-o-n-s-i-d-e-r-s -n-e-c-e-s-s-a-r-y -t-o -c-a-r-r-y -o-u-t -t-h-i-s -A-c-t-. -U-p-o-n -r-e-q-u-e-s-t -o-f -t-h-e -C-h-a-i-r-p-e-r-s-o-n-, -t-h-e -h-e-a-d -o-f -s-u-c-h -d-e-p-a-r-t-m-e-n-t -o-r -a-g-e-n-c-y -s-h-a-l-l -f-u-r-n-i-s-h -s-u-c-h -i-n-f-o-r-m-a-t-i-o-n -t-o -t-h-e -c-o-m-m-i-s-s-i-o-n-. -(-B-) -P-o-s-t-a-l -s-e-r-v-i-c-e-s-.----T-h-e -c-o-m-m-i-s-s-i-o-n -m-a-y -u-s-e -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -m-a-i-l-s -i-n -t-h-e -s-a-m-e -m-a-n-n-e-r -a-n-d -u-n-d-e-r -t-h-e -s-a-m-e -c-o-n-d-i-t-i-o-n-s -a-s -o-t-h-e-r -d-e-p-a-r-t-m-e-n-t-s -a-n-d -a-g-e-n-c-i-e-s -o-f -t-h-e -F-e-d-e-r-a-l -G-o-v-e-r-n-m-e-n-t-. -(-C-) -G-i-f-t-s-.----T-h-e -c-o-m-m-i-s-s-i-o-n -m-a-y -a-c-c-e-p-t-, -u-s-e-, -a-n-d -d-i-s-p-o-s-e -o-f -g-i-f-t-s -o-r -d-o-n-a-t-i-o-n-s -o-f -s-e-r-v-i-c-e-s -o-r -p-r-o-p-e-r-t-y-. -(-b-) -A-r-c-h-i-t-e-c-t-u-r-a-l -C-o-m-p-e-t-i-t-i-o-n-.----T-h-e -c-o-m-m-i-s-s-i-o-n -s-h-a-l-l -c-o-n-d-u-c-t -a-n -a-r-c-h-i-t-e-c-t-u-r-a-l -c-o-m-p-e-t-i-t-i-o-n -t-o -s-o-l-i-c-i-t -d-e-s-i-g-n -p-r-o-p-o-s-a-l-s -f-o-r -a -m-u-s-e-u-m -t-o -b-e -b-u-i-l-t -o-n -t-h-e -E-a-s-t -S-a-i-n-t -L-o-u-i-s -p-o-r-t-i-o-n -o-f -t-h-e -J-e-f-f-e-r-s-o-n -N-a-t-i-o-n-a-l -E-x-p-a-n-s-i-o-n -M-e-m-o-r-i-a-l-. -T-h-e -m-e-m-b-e-r -o-f -t-h-e -C-o-m-m-i-s-s-i-o-n -a-p-p-o-i-n-t-e-d -p-u-r-s-u-a-n-t -t-o -s-u-b-s-e-c-t-i-o-n -(-a-)-(-1-)-(-D-) -s-h-a-l-l -o-r-g-a-n-i-z-e-, -m-a-n-a-g-e-, -a-n-d -d-i-r-e-c-t -t-h-e -c-o-m-p-e-t-i-t-i-o-n-, -i-d-e-n-t-i-f-y -p-o-t-e-n-t-i-a-l -j-u-r-o-r-s-, -a-n-d -a-p-p-o-i-n-t -j-u-r-o-r-s-, -w-i-t-h -t-h-e -a-p-p-r-o-v-a-l -o-f -t-h-e -c-o-m-m-i-s-s-i-o-n-. -(-c-) -S-t-u-d-y-.----T-h-e -c-o-m-m-i-s-s-i-o-n -s-h-a-l-l -c-o-n-d-u-c-t -a -s-t-u-d-y -i-n-t-o -p-o-s-s-i-b-l-e -f-u-n-d-i-n-g -m-e-c-h-a-n-i-s-m-s -f-o-r -t-h-e -d-e-v-e-l-o-p-m-e-n-t-, -c-o-n-s-t-r-u-c-t-i-o-n-, -a-n-d -m-a-i-n-t-e-n-a-n-c-e -o-f -t-h-e -m-u-s-e-u-m -i-d-e-n-t-i-f-i-e-d -i-n -s-u-b-s-e-c-t-i-o-n -(-b-)-. -(-d-) -R-e-p-o-r-t-.----N-o-t -l-a-t-e-r -t-h-a-n -1-8 -m-o-n-t-h-s -a-f-t-e-r -t-h-e -d-a-t-e -o-f -e-n-a-c-t-m-e-n-t -o-f -t-h-i-s -A-c-t-, -t-h-e -c-o-m-m-i-s-s-i-o-n -s-h-a-l-l -s-u-b-m-i-t -a -r-e-p-o-r-t-, -w-i-t-h -r-e-c-o-m-m-e-n-d-a-t-i-o-n-s-, -t-o -t-h-e -P-r-e-s-i-d-e-n-t -a-n-d -C-o-n-g-r-e-s-s-. -T-h-e -r-e-p-o-r-t -s-h-a-l-l -c-o-n-t-a-i-n -a -d-e-t-a-i-l-e-d -s-t-a-t-e-m-e-n-t -o-f -t-h-e -f-i-n-d-i-n-g-s -a-n-d -c-o-n-c-l-u-s-i-o-n-s -o-f -t-h-e -c-o-m-m-i-s-s-i-o-n -w-i-t-h -r-e-s-p-e-c-t -t-o -t-h-e -m-u-s-e-u-m -a-n-d -p-o-s-s-i-b-l-e -f-u-n-d-i-n-g -m-e-c-h-a-n-i-s-m-s-. -S-E-C-. -3-. -A-U-T-H-O-R-I-Z-A-T-I-O-N -O-F -A-P-P-R-O-P-R-I-A-T-I-O-N-S-. -T-h-e-r-e -a-r-e -a-u-t-h-o-r-i-z-e-d -t-o -b-e -a-p-p-r-o-p-r-i-a-t-e-d -$-3-0-0-,-0-0-0 -t-o -c-a-r-r-y -o-u-t -t-h-i-s -A-c-t-. SECTION 1. SHORT TITLE. This Act may be cited as the ``East Saint Louis Jefferson National Expansion Memorial Architectural Design Competition Act of 1994''. SEC. 2. ARCHITECTURAL COMPETITION. (a) Cooperative Agreement.--As soon as practicable after the date of enactment of this Act, the Secretary of the Interior, (hereinafter referred to as the ``Secretary''), acting through the Director of the National Park Service, is authorized to enter into a cooperative agreement with the National Endowment for the Arts to conduct an architectural competition to solicit design proposals for a museum commemorating the role of ethnic diversity in the development of the United States, to be constructed on the East Saint Louis portion of the Jefferson National Expansion Memorial. (b) Funding.--The Secretary is authorized to conduct a study to identify possible funding sources for the development, construction, and maintenance of the museum. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated not to exceed $500,000 to carry out this Act.

East Saint Louis Jefferson National Expansion Memorial Architectural Design Competition Act of 1994 - Authorizes the Secretary of the Interior, acting through the Director of the National Park Service, to enter into a cooperative agreement with the National Endowment for the Arts to conduct an architectural competition to solicit design proposals for a museum to be constructed on the East Saint Louis portion of the Jefferson National Expansion Memorial, commemorating the role of ethnic diversity in the development of the United States. Authorizes the Secretary to identify possible funding sources for the development, construction, and maintenance of the museum. Authorizes appropriations.

East Saint Louis Jefferson National Expansion Memorial Architectural Design Competition Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fight Illicit Networks and Detect Trafficking Act'' or the ``FIND Trafficking Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) According to the Drug Enforcement Administration (DEA) 2017 National Drug Threat Assessment, transnational criminal organizations are increasingly using virtual currencies. (2) The Treasury Department has recognized that: ``The development of virtual currencies is an attempt to meet a legitimate market demand. According to a Federal Reserve Bank of Chicago economist, United States consumers want payment options that are versatile and that provide immediate finality. No United States payment method meets that description, although cash may come closest. Virtual currencies can mimic cash's immediate finality and anonymity and are more versatile than cash for online and cross-border transactions, making virtual currencies vulnerable for illicit transactions.''. (3) Virtual currencies have become a prominent method to pay for goods and services associated with illegal sex trafficking and drug trafficking, which are two of the most detrimental and troubling illegal activities facilitated by online marketplaces. (4) Online marketplaces, including the dark web, have become a prominent platform to buy, sell, and advertise for illicit goods and services associated with sex trafficking and drug trafficking. (5) According to the International Labour Organization, in 2016, 4.8 million people in the world were victims of forced sexual exploitation, and in 2014, the global profit from commercial sexual exploitation was $99 billion. (6) In 2016, within the United States, the Center for Disease Control estimated that there were 64,000 deaths related to drug overdose, and the most severe increase in drug overdoses were those associated with fentanyl and fentanyl analogs (synthetic opioids), which amounted to over 20,000 overdose deaths. (7) According to the United States Department of the Treasury 2015 National Money Laundering Risk Assessment, an estimated $64 billion is generated annually from United States drug trafficking sales. (8) Illegal fentanyl in the United States originates primarily from China, and it is readily available to purchase through online marketplaces. SEC. 3. GAO STUDY. (a) Study Required.--The Comptroller General of the United States shall conduct a study on how virtual currencies and online marketplaces are used to facilitate sex and drug trafficking. The study shall consider-- (1) how online marketplaces, including the dark web, are being used as platforms to buy, sell, or facilitate the financing of goods or services associated with sex trafficking or drug trafficking (specifically, opioids and synthetic opioids, including fentanyl, fentanyl analogs, and any precursor chemicals associated with manufacturing fentanyl or fentanyl analogs) destined for, originating from, or within the United States; (2) how financial payment methods, including virtual currencies and peer-to-peer mobile payment services, are being utilized by online marketplaces to facilitate the buying, selling, or financing of goods and services associated with sex or drug trafficking destined for, originating from, or within the United States; (3) how virtual currencies are being used to facilitate the buying, selling, or financing of goods and services associated with sex or drug trafficking, destined for, originating from, or within the United States, when an online platform is not otherwise involved; (4) how illicit funds that have been transmitted online and through virtual currencies are repatriated into the formal banking system of the United States through money laundering or other means; (5) the participants (state and non-state actors) throughout the entire supply chain that participate in or benefit from the buying, selling, or financing of goods and services associated with sex or drug trafficking (either through online marketplaces or virtual currencies) destined for, originating from, or within the United States; (6) Federal and State agency efforts to impede the buying, selling, or financing of goods and services associated with sex or drug trafficking destined for, originating from, or within the United States, including efforts to prevent the proceeds from sex or drug trafficking from entering the United States banking system; (7) how virtual currencies and their underlying technologies can be used to detect and deter these illicit activities; and (8) to what extent can the immutable and traceable nature of virtual currencies contribute to the tracking and prosecution of illicit funding. (b) Scope.--For the purposes of the study required under subsection (a), the term ``sex trafficking'' means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act that is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age. (c) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report summarizing the results of the study required under subsection (a), together with any recommendations for legislative or regulatory action that would improve the efforts of Federal agencies to impede the use of virtual currencies and online marketplaces in facilitating sex and drug trafficking.

Fight Illicit Networks and Detect Trafficking Act or the FIND Trafficking Act This bill directs the Government Accountability Office (GAO) to report on the use of virtual currencies and online marketplaces in sex and drug trafficking. The GAO must study topics including: how illicit proceeds are transferred into the U.S. banking system, state and non-state actors that benefit from or participate in such activity, preventative efforts from federal and state agencies, and how to use the unique characteristics of virtual currencies to track illicit activity.

Fight Illicit Networks and Detect Trafficking Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grant's Tomb National Monument Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) Ulysses S. Grant has been heralded as a national hero by his contemporaries and by generations thereafter; (2) Ulysses S. Grant led the Union Army to victory, bringing to an end the Civil War in 1865, assuring the preservation of the United States, and ensuring the emancipation of United States slaves; (3) Ulysses S. Grant served as the 18th President of the United States from 1869 through 1877; (4) Ulysses S. Grant demonstrated his commitment to maintaining the rights of freed slaves by executing his authority as Commander in Chief to command Federal troops to protect the rights and freedoms of former slaves; and (5) Ulysses S. Grant demonstrated his commitment to rebuilding the United States and restoring unity among the people of the United States. (b) Purposes.--The purposes of this Act are-- (1) to recognize and pay tribute to Ulysses S. Grant, both as a general and as a former President of the United States; (2) to restore, complete, and preserve in perpetuity the Grant's Tomb National Monument and surrounding areas that are of national historical significance in a manner consistent with the architectural, historical, and educational value of the monument's original design and purpose; and (3) to educate present and future generations about the life of Ulysses S. Grant and his contributions to the United States. SEC. 3. DEFINITIONS. In this Act: (1) Monument.--The term ``monument'' means the monument redesignated as Grant's Tomb National Monument under section 4(a). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Tomb.--The term ``tomb'' means the tomb of Ulysses S. Grant. SEC. 4. REDESIGNATION OF MEMORIAL AND ADMINISTRATION OF GRANT'S TOMB NATIONAL MONUMENT. (a) Redesignation.--General Grant National Memorial, located at Riverside Drive and West 122d Street in New York, New York, is redesignated as Grant's Tomb National Monument. (b) Area Included.--The monument shall consist of the tomb and the surrounding plaza area, as generally depicted on the map entitled ``Grant's Tomb National Monument'' and dated April 27, 1994. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. (c) Administration.--The Secretary shall administer, repair, restore, preserve, maintain, and promote the monument in accordance with this Act and with the provisions of law generally applicable to units of the National Park System, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.). (d) Visitors Center.-- (1) In general.--The Secretary shall design and construct a visitors center (including public restrooms) at the monument to aid in the interpretation and maintain the historical significance of the monument. (2) Consultation and design.--The visitors center shall-- (A) be established in consultation with the study commission established under section 5; and (B) be designed in a manner that-- (i) is consistent with the existing architectural and historical intent of the site; and (ii) does not detract from the historical interpretation and the scenic views of the monument and the existing park area. SEC. 5. LAND ACQUISITION; LEASE OR COOPERATIVE MANAGEMENT AGREEMENT. (a) Land Acquisition.--The Secretary shall acquire from the city of New York non-Federal lands, located within the monument as depicted on the map referred to in section 4(b), by donation, purchase with donated or appropriated funds, or exchange. (b) Lease or Cooperative Management Agreement.--To carry out the purposes of this Act, the Secretary may-- (1) lease non-Federal land located within the boundary of the monument; or (2) enter into a cooperative agreement for the management of non-Federal land located within the boundary of the monument. SEC. 6. STUDY COMMISSION. (a) Establishment.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary shall establish a study commission of 7 persons, which shall be composed of-- (A) the president and at least 3 members of the executive committee of the Grant Monument Association; (B) representatives of the community surrounding the monument; and (C) citizens with a unique knowledge or expertise relating to the monument. (2) Government employees.--No officer or employee of the Federal Government or a State or local government is eligible for membership on the study commission. (3) Without pay.--Members of the study commission shall serve without pay. (4) Chair.--The members of the study commission shall designate a chair of the study commission. (5) Administrative support services.--On request of the study commission, the Secretary shall furnish on a reimbursable basis such administrative support services (including staff, supplies, and facilities) as are necessary for the study commission to carry out its duties under subsection (b). (b) Duties.-- (1) In general.--The study commission shall-- (A) review security and maintenance of the monument; (B) plan for interpretive programs of the monument; (C) plan for the complete restoration of the monument; (D) submit a study in accordance with paragraph (2); (E) monitor the progress of repairs being made to the tomb; and (F) submit reports to the Secretary and to Congress on the progress of any repairs being made to the tomb. (2) Study.--Not later than 180 days after the date of the study commission's first meeting, the study commission shall submit a written study of the monument to the Secretary, which shall include the following: (A) Proposed measures to improve security, maintenance, and interpretive programs of the monument, including such improvements as may be required to be carried out by April 27, 1999. The proposed measures shall be based on the original plans of the architect of the tomb, John H. Duncan, and the plans of architect John Russell Pope, approved in 1928 by the Grant Monument Association. (B) An estimate of the capital costs and general operating costs of implementing the measures proposed under subparagraph (A). (c) Final Plan.-- (1) In general.--Not later than 90 days after the date on which the study is submitted to the Secretary under subsection (b)(2), the Secretary shall review and evaluate the study and submit to Congress a final plan for the projects at the monument to be fully completed by April 27, 1999. (2) Consistency with study.--The final plan shall be consistent with the study, except for any aspect of the study that the Secretary reports to Congress-- (A) is unreasonable; (B) is inconsistent with the existing architectural, historical, or educational intent of the site; (C) would detract from, distort, or otherwise compromise the historical interpretation or scenic views of the monument; or (D) would conflict with the purpose of this Act described in section 2(b). (3) Design.--The final plan shall contain a design for the site that-- (A) is consistent with the architectural and historical intent of the site; and (B) does not detract from or distort the historical interpretation or scenic views of the monument and the existing park area. (d) Meetings.-- (1) Open meetings.--All meetings of the study commission shall be open to the public. (2) Interested persons.--An interested person may attend a meeting of the study commission, appear before the study commission, or file a statement related to the purposes of this Act with the study commission. (e) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the study commission. (f) Termination.--The study commission shall terminate 3 years after the date of enactment of this Act.

Grant's Tomb National Monument Act of 1997 - Redesignates General Grant National Memorial located at Riverside Drive and West 122d Street, New York, New York, as Grant's Tomb National Monument. Directs the Secretary of the Interior to: (1) maintain and promote the Monument in accordance with provisions applicable to National Park System units; (2) construct a visitors center; and (3) acquire from New York City non-Federal lands located within the Monument. Requires the Secretary to establish a study commission to: (1) review security and maintenance at the Monument; (2) plan for interpretive programs and the complete restoration of the Monument; (3) monitor and report to the Secretary and the Congress on the progress of repairs to the tomb; and (4) report to the Secretary who must report to the Congress a final plan for projects to be fully completed by April 27, 1999.

Grant's Tomb National Monument Act of 1997

SECTION 1. FINDINGS. The Congress finds that-- (1) John Walsh, host of Fox Television's ``America's Most Wanted'' television program, has dedicated his life to the pursuit and apprehension of felons and fugitives who have committed murder, rape, robbery, kidnapping, pedophilia, and other atrocious crimes against the citizens of the United States; (2) in doing so, John Walsh has sacrificed his own personal safety and freedom for the good of all Americans; (3) on July 27, 1981, Adam Walsh, the 6-year-old son of John Walsh, was abducted and brutally murdered; (4) John Walsh and his family have never obtained closure for this heinous crime, because no person was ever charged with the crime and the prime suspect ultimately died in prison; (5) after the death of his son, John Walsh became a tireless advocate for victims' rights; (6) John Walsh has testified more than 35 times before the Congress in support of legislation, and his efforts led to the passage in 1982 of the Missing Children Act and in 1984 of the Missing Children's Assistance Act, which established the National Center for Missing and Exploited Children; (7) John Walsh has also lobbied for a constitutional amendment that would secure victims' rights; (8) John Walsh, not ceasing his dedication to the safety and welfare of children with the enactment of new protective statutes, established a public information television program, ``America's Most Wanted'', to expose the criminal activity of various fugitives throughout the United States and abroad; (9) four days after the debut of the program, on February 11, 1988, the Federal Bureau of Investigation announced the capture in New York City of one of its 10 Most Wanted fugitives, David James Roberts, as a direct result of tips from viewers of the program; (10) on May 29, 1988, FBI Director William Sessions appeared on ``America's Most Wanted'' to announce the addition of three new fugitives to the FBI's 10 Most Wanted list, one of whom was captured within 24 hours after the announcement; (11) on July 17, 1988, Robert Wayne Fisher, a fugitive wanted for the murder of his wife, was captured just 33 minutes after John Walsh profiled him on ``America's Most Wanted''; (12) on May 7, 1989, John Walsh facilitated the capture of a New Jersey mass murderer who had been at large for nearly 18 years; (13) John Walsh profiled 1,455 fugitives from justice on ``America's Most Wanted'' as of December 3, 1998, 914 of whom have been captured, including 538 who were captured as a direct result of being profiled; (14) on May 10, 1990, John Walsh and ``America's Most Wanted'' for the first time helped recover a missing child, Nicole Ravesi, and aided in the arrest of her abductor, Kenneth Cole; (15) in all, John Walsh has profiled 348 cases involving missing or kidnapped persons, 150 of whom have been reunited with their families; (16) John Walsh has profiled 100 criminal suspects whose identities were unknown to law enforcement officials, and 24 of the suspects have been identified as a result of being profiled; (17) at the request of law enforcement officials, John Walsh has also profiled 17 unidentified victims of foul play, and eight of the victims have been identified as a result of being profiled; (18) the outstanding contributions of John Walsh to crime victims and the law enforcement community have come at no cost to the taxpayers of the United States; and (19) John Walsh, through ``America's Most Wanted'' and through other endeavors, continues to serve law enforcement officials and crime victims through his unfailing dedication to pursuing and capturing dangerous fugitives, protecting the safety of children, and bringing closure to victims of crime in the United States. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President is authorized to present, on behalf of the Congress, a gold medal of appropriate design to John Walsh in recognition of his outstanding and enduring contributions to American society in the fields of law enforcement and victims' rights. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Authorization of Appropriation.--Effective February 1, 1999, there are authorized to be appropriated $30,000 to carry out this section. SEC. 3. DUPLICATE MEDALS. (a) Striking and Sale.--The Secretary of the Treasury may strike and sell duplicates in bronze of the gold medal struck under section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. (b) Reimbursement of Appropriation.--The appropriation used to carry out section 2 shall be reimbursed out of the proceeds of sales under subsection (a). SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code.

Authorizes the President, on behalf of Congress, to present a congressional gold medal to John Walsh in recognition of his outstanding and enduring contributions to American society in the fields of law enforcement and victims' rights. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates.

To authorize the President to award a gold medal on behalf of the Congress to John Walsh in recognition of his outstanding and enduring contributions to American society in the fields of law enforcement and victims' rights.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investor in Iran Accountability Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Department of State's Patterns of Global Terrorism report for 2003 stated that ``Iran remained the most active state sponsor of terrorism in 2003''. (2) That report further stated that-- (A) Iran continues to provide funding, safehaven, training, and weapons to known terrorist groups, including Hizballah, HAMAS, the Palestine Islamic Jihad, and the Popular Front for the Liberation of Palestine; and (B) the Government of Iran's poor human rights record continues to worsen. (3) In 1979, in response to the Islamic Revolution in Iran and the holding of United States citizens as hostages in Iran, the United States imposed economic sanctions against Iran that prohibit virtually all trade and investment activities with Iran by citizens of the United States or United States companies. (4) The United States does not prohibit foreign subsidiaries of United States companies from investing in Iran if the foreign subsidiary is independent of the United States parent company. (5) A number of subsidiaries of United States companies appear to be taking advantage of this condition and are investing in the energy sector in Iran through such subsidiaries. (6) According to the Energy Information Administration of the Department of Energy, Iran is the second largest oil producer in the Organization of the Petroleum Exporting Countries (OPEC) and holds 10 percent of the world's proven oil reserves. (7) According to the Energy Information Administration, the economy of Iran relies heavily on revenues generated by the export of oil and such revenues account for approximately 80 percent of Iran's total annual export earnings, nearly one-half of the annual budget of the Government of Iran, and as much as one-fifth of the gross domestic product of Iran. (8) According to the Energy Information Administration, Iran is actively seeking significant new foreign investment in the energy sector and experts believe that with sufficient investment Iran could increase its crude oil production capacity significantly. (9) The Department of Justice is conducting a criminal investigation into whether United States companies have violated any law by trading or investing with Iran through a subsidiary company that may not be completely independent of the parent company. (10) The Securities and Exchange Commission has determined that significant corporate operations in countries subject to economic sanctions, such as Iran, can represent a material risk to investors in the United States and that such investments should be properly disclosed. SEC. 3. POLICY OF THE UNITED STATES. It is the policy of the United States-- (1) to enforce fully existing economic sanctions imposed by United States law against Iran, including sanctions imposed under the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) on persons that make certain investments that contribute to Iran's ability to develop and exploit its petroleum and natural gas resources; (2) to make available to the public information regarding a United States person or a person that is controlled in fact by a United States person who maintains any direct or indirect investment in the energy sector in Iran; and (3) to seek international cooperation in fully enforcing economic sanctions against Iran and in prohibiting any direct or indirect investment in Iran until Iran ceases to support international terrorism. SEC. 4. DEFINITIONS. In this Act: (1) Controlled in fact.--The term ``controlled in fact'' includes-- (A) with respect to a corporation, the holding of at least 50 percent (by vote or value) of the capital structure of the corporation; and (B) with respect to a legal entity other than a corporation, the holding of interests representing at least 50 percent of the capital structure of the entity. (2) Energy sector.--The term ``energy sector'' means any research, exploration, development, production, sale, distribution, or advertising of natural gas, oil, or petroleum resources or nuclear power. (3) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and other territories or possessions of the United States. (4) United states person.--The term ``United States person'' means any citizen of the United States, permanent resident alien, or entity organized under the laws of the United States or of any State, wherever located (including foreign branches). SEC. 5. PUBLICATION OF INFORMATION ON INVESTMENTS. (a) Requirement to Publish.--Not later than 120 days after the date of enactment of this Act, the Secretary of the Treasury shall publish in the Federal Register and make available to the public on the Internet website of the Department of the Treasury-- (1) a list of each United States person or each person that is controlled in fact by a United States person that maintains any direct or indirect investment in the energy sector in Iran; (2) a list of each foreign person that owned investments in the energy sector in Iran with a total value of more than $1,000,000 during the 12-month period ending on the date of the publication in the Federal Register; and (3) a list of-- (A) any United States person that holds the securities of a person described in paragraph (1) or (2) valued at more than $100,000; (B) any investment company registered under section 8 of the Investment Company Act of 1940 that invests, reinvests, or trades in the securities of a person described in paragraph (1) or (2); (C) any pension plan or other Federal or State retirement plan that invests in the securities of persons described in paragraph (1) or (2); and (D) such other investors in the securities of persons described in paragraph (1) or (2) as the Secretary determines is appropriate to carry out the policy set out in section 3. (b) Requirement of Update.--The Secretary of the Treasury shall update the lists described in paragraphs (1) through (3) of subsection (a) at least once during each calendar year. Such updates shall be published in the Federal Register and made available to the public on the Internet website of the Department of the Treasury. SEC. 6. INTERNATIONAL COOPERATION. The President, acting through the Secretary of the Treasury, the Secretary of State, or the head of any other appropriate Federal department or agency, shall undertake negotiations with the government of a foreign country to prohibit any direct or indirect investment in the energy sector in Iran by any person that is controlled in fact by that foreign country. SEC. 7. EXTENSION OF THE IRAN AND LIBYA SANCTIONS ACT OF 1996. Section 13(b) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by striking ``10'' and inserting ``15''.

Investor in Iran Accountability Act of 2005 - States that it is U.S. policy to: (1) enforce existing U.S. economic sanctions against Iran, including sanctions imposed under the Iran and Libya Sanctions Act of 1996 on persons who make certain investments that contribute to Iran's ability to develop its petroleum and natural gas resources; (2) make available to the public information regarding a U.S. or U.S.-controlled person who maintains any energy sector investment in Iran; and (3) seek international cooperation in enforcing economic sanctions against Iran and in prohibiting any investment in Iran until Iran ceases to support international terrorism. Directs the Secretary of the Treasury to publish and update in the Federal Register, and make available on the Department of the Treasury's website, lists of specified U.S. or U.S.-controlled persons, foreign persons, investment companies, and pension plans that maintain investments in the Iranian energy sector. Directs the President to undertake negotiations with the government of a foreign country to prohibit any investment in the Iranian energy sector by any person controlled by that foreign country. Extends the Iran and Libya Sanctions Act of 1996.

A bill to make information regarding certain investments in the energy sector in Iran available to the public, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Right to Emergency Medical Care Act of 1999''. SEC. 2. PATIENT ACCESS TO EMERGENCY MEDICAL CARE. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. PATIENT ACCESS TO EMERGENCY MEDICAL CARE. ``(a) In General.--To the extent that a group health plan (or a health insurance issuer offering health insurance coverage in connection with the plan) provides for any benefits consisting of emergency medical care, except for items or services specifically excluded-- ``(1) the plan or issuer shall provide benefits, without requiring preauthorization and without regard to otherwise applicable network limitations, for appropriate emergency medical screening examinations (within the capability of the emergency facility, including ancillary services routinely available to the emergency facility) to the extent that a prudent layperson, who possesses an average knowledge of health and medicine, would determine such examinations to be necessary in order to determine whether emergency medical care is required; and ``(2) the plan or issuer shall provide benefits for additional emergency medical services following an emergency medical screening examination (if determined necessary under paragraph (1)) to the extent that a prudent emergency medical professional would determine such additional emergency services to be necessary to avoid the consequences described in subsection (c). ``(b) Uniform Cost-Sharing Required.--Nothing in this section shall be construed as preventing a group health plan or issuer from imposing any form of cost-sharing applicable to any participant or beneficiary (including coinsurance, copayments, deductibles, and any other charges) in relation to benefits described in subsection (a), if such form of cost-sharing is uniformly applied under such plan, with respect to similarly situated participants and beneficiaries, to all benefits consisting of emergency medical care provided to such similarly situated participants and beneficiaries under the plan. ``(c) Emergency Medical Care.--For purposes of this section, the term `emergency medical care' means medical care in any case in which an appropriate physician has certified in writing (or as otherwise provided in regulations of the Secretary)-- ``(1) that failure to immediately provide the care to the participant or beneficiary could reasonably be expected to result in-- ``(A) placing the health of such participant or beneficiary (or, with respect to such a participant or beneficiary who is a pregnant woman, the health of the woman or her unborn child) in serious jeopardy; ``(B) serious impairment to bodily functions; or ``(C) serious dysfunction of any bodily organ or part; or ``(2) that immediate provision of the care is necessary because the participant or beneficiary has made or is at serious risk of making an attempt to harm himself or herself or another individual.''. (b) Conforming Amendment.--The table of contents in section 1 of such Act is amended by adding at the end of the items relating to subpart B of part 7 of subtitle B of title I of such Act the following new item: ``Sec. 714. Patient access to emergency medical care.''. SEC. 3. EFFECTIVE DATE AND RELATED RULES. (a) In General.--The amendments made by this Act shall apply with respect to plan years beginning on or after January 1 of the second calendar year following the date of the enactment of this Act, except that the Secretary of Labor may issue regulations before such date under such amendments. The Secretary shall first issue regulations necessary to carry out the amendments made by this Act before the effective date thereof. (b) Limitation on Enforcement Actions.--No enforcement action shall be taken, pursuant to the amendments made by this Act, against a group health plan or health insurance issuer with respect to a violation of a requirement imposed by such amendments before the date of issuance of regulations issued in connection with such requirement, if the plan or issuer has sought to comply in good faith with such requirement. (c) Special Rule for Collective Bargaining Agreements.--In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, the amendments made by this Act shall not apply with respect to plan years beginning before the later of-- (1) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act); or (2) January 1, 2002. For purposes of this subsection, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this Act shall not be treated as a termination of such collective bargaining agreement.

Patient Right to Emergency Medical Care Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan or issuer, if it provides benefits for emergencies, to provide benefits (without preauthorization and without regard to network limitations) for emergency medical screening examinations if a prudent lay person would determine them necessary.

Patient Right to Emergency Medical Care Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Effective Administration of Criminal Justice Act of 2012''. SEC. 2. EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE. (a) Strategic Planning.--Section 502 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3752) is amended-- (1) by inserting ``(a) In General.--'' before ``To request a grant''; and (2) by adding at the end the following: ``(6) A comprehensive State-wide plan detailing how grants received under this section will be used to improve the administration of the criminal justice system, which shall-- ``(A) be designed in consultation with local governments, and all segments of the criminal justice system, including judges, prosecutors, law enforcement personnel, corrections personnel, and providers of indigent defense services, victim services, juvenile justice delinquency prevention programs, community corrections, and reentry services; ``(B) include a description of how the State will allocate funding within and among each of the uses described in subparagraphs (A) through (G) of section 501(a)(1); ``(C) describe the process used by the State for gathering evidence-based data and developing and using evidence-based and evidence-gathering approaches in support of funding decisions; and ``(D) be updated every 5 years, with annual progress reports that-- ``(i) address changing circumstances in the State, if any; ``(ii) describe how the State plans to adjust funding within and among each of the uses described in subparagraphs (A) through (G) of section 501(a)(1); ``(iii) provide an ongoing assessment of need; ``(iv) discuss the accomplishment of goals identified in any plan previously prepared under this paragraph; and ``(v) reflect how the plan influenced funding decisions in the previous year. ``(b) Technical Assistance.-- ``(1) Strategic planning.--Not later than 90 days after the date of enactment of this subsection, the Attorney General shall begin to provide technical assistance to States and local governments requesting support to develop and implement the strategic plan required under subsection (a)(6). ``(2) Protection of constitutional rights.--Not later than 90 days after the date of enactment of this subsection, the Attorney General shall begin to provide technical assistance to States and local governments, including any agent thereof with responsibility for administration of justice, requesting support to meet the obligations established by the Sixth Amendment to the Constitution of the United States, which shall include-- ``(A) public dissemination of practices, structures, or models for the administration of justice consistent with the requirements of the Sixth Amendment; and ``(B) assistance with adopting and implementing a system for the administration of justice consistent with the requirements of the Sixth Amendment. ``(3) Authorization of appropriations.--There is authorized to be appropriated $5,000,000 for each of fiscal years 2013 through 2017 to carry out this subsection.''. (b) Protection of Constitutional Rights.-- (1) Unlawful conduct.--It shall be unlawful for any governmental authority, or any agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by officials or employees of any governmental agency with responsibility for the administration of justice, including the administration of programs or services that provide appointed counsel to indigent defendants, that deprives persons of their rights to assistance of counsel as protected under the Sixth Amendment and Fourteenth Amendment to the Constitution of the United States. (2) Civil action by attorney general.--Whenever the Attorney General has reasonable cause to believe that a violation of paragraph (1) has occurred, the Attorney General, for or in the name of the United States, may, in a civil action, obtain appropriate equitable and declaratory relief to eliminate the pattern or practice. (3) Effective date.--Paragraph (2) shall take effect 2 years after the date of enactment of this Act.

Effective Administration of Criminal Justice Act of 2012 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require grant applicants under the Edward Byrne Memorial Justice Assistance Grant Program to include in grant applications a comprehensive statewide plan for the improvement of the administration of the criminal justice system. Makes it unlawful for government entities or their agents to engage in a pattern or practice of conduct that deprives indigent defendants of their constitutional rights to assistance of counsel in criminal proceedings.

A bill to ensure the effective administration of criminal justice.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Access to a Responsible Accounting of Trade Act of 2000''. TITLE I--PROHIBITION ON IMPORTS SEC. 101. PROHIBITION ON IMPORTS. No diamonds that have been mined in or exported from the Republic of Sierra Leone, the Republic of Liberia, Burkina Faso, the Republic of Cote d'Ivoire, the Republic of Angola, Guinea, Togo, or Ukraine may be imported into the United States, except for diamonds-- (1) the country of origin of which has been certified as the Republic of Sierra Leone by the internationally recognized government of that country, in accordance with United Nations Security Council Resolution 1306 July 5, 2000; or (2) the country of origin of which has been certified as the Republic of Angola by the internationally recognized government of that country, in accordance with United Nations Security Council Resolution 1173 of June 12, 1998. SEC. 102. WAIVERS. (a) Certification of No Transshipment.--The Secretary of the Treasury may waive the prohibition under section 101 with respect to a country listed in that section if the Secretary certifies to the Congress that diamonds mined in Sierra Leone or Angola are not being transshipped through that country for the purpose of evading any prohibition on trade in diamonds exported from Sierra Leone or Angola. (b) National Security Interests.--The President may waive the prohibition under section 101 with respect to a country listed in that section if the President-- (1) determines that it is in the national security interests of the United States to exercise the waiver; and (2) transmits that determination, together with reasons for the determination, to the Congress. TITLE II--CERTIFICATES OF ORIGIN SEC. 201. CERTIFICATES AND STATEMENTS INDICATING COUNTRY OF MINING. (a) In General.-- (1) Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury, in concurrence with the Special Representative on Conflict Diamonds appointed under section 401, and after consultation with appropriate organizations, Federal agencies, and members of the public, shall issue regulations requiring-- (A) diamonds, and (B) products made in whole or in part from diamonds, which enter, or are withdrawn from warehouse for consumption, into the customs territory of the United States to be accompanied by a certificate stating the English name (or unmistakable abbreviation) of the country in which the diamonds were mined. Such certificate shall be legible and reasonably conspicuous on the outermost container in which the diamonds or diamond products ordinarily are sold to the ultimate purchaser in the United States. (2) The importer of record of diamonds or diamond products shall be responsible for the certificate required by paragraph (1). (b) Requirement Applicable to Parcels of Diamonds.--The Secretary of the Treasury may by regulation provide that the requirements of subsection (a) apply to parcels of diamonds that are imported, rather than individual diamonds. SEC. 202. ENFORCEMENT. (a) In General.--Whenever the Secretary of the Treasury determines that a person has violated section 201 or regulations issued thereunder, the Secretary may issue an order assessing a civil penalty of not more than $50,000 for each violation or requiring compliance with such section, or the Secretary may commence in the United States district court for the district in which the violation occurred a civil action for appropriate relief, including a preliminary or permanent injunction. (b) Criminal Penalties.--Any person who willfully or with the intent to defraud violates subsection (a) or (b) of section 201, or any regulation issued thereunder, shall-- (1) upon conviction for the first violation under this subsection, be fined not more than $100,000, or imprisoned for not more than 1 year, or both; and (2) upon conviction for the second or any subsequent violation under this subsection, be fined not more than $250,000, or imprisoned for not more than 1 year, or both. (c) Exemption.--If diamonds or diamond products do not comply with any requirement of subsection (a) or (b) of section 201 or any regulation issued thereunder, and the Secretary determines that no fraud or willful neglect was involved in the failure to so comply, the Secretary shall afford the person responsible for complying with such requirement a reasonable opportunity to provide the certificate required by section 201(a) or the statement required by section 201(b), as the case may be. SEC. 203. EXEMPTION AND WAIVERS. (a) Exemption.--The Secretary of the Treasury, in concurrence with the Special Representative on Conflict Diamonds appointed under section 401, may exempt from the requirements of section 201 diamonds and diamond products that are valued below a minimum dollar amount determined by the Secretary. (b) Waivers.--The Secretary of the Treasury may waive the requirements of section 201 for periods of not more than 1 year each if, for each waiver-- (1) the Secretary determines that-- (A) it is not possible to determine, in a cost- effective manner, the country in which the diamonds imported into the United States were mined; or (B) an effective system, such as the system described in title III, is otherwise being implemented that prevents the importation of diamonds, revenues from the sale of which would be used to support continued conflict in the regions in which the diamonds were mined; and (2) the Secretary submits that determination, and the basis for the determination, to the Congress. SEC. 204. REPORTS BY SECRETARY OF THE TREASURY. The Secretary of the Treasury and the Special Representative on Conflict Diamonds shall, not later than 6 months after the date of the enactment of this Act, and not later than the end of each 12-month period thereafter, submit to the Congress a joint report on the feasibility of identifying the country in which diamonds, both rough and cut, were mined. TITLE III--INTERNATIONAL EFFORTS SEC. 301. FINDINGS. The Congress finds that-- (1) the use of funds from the illegitimate diamond trade to support conflicts in Africa has devastating effects on the peoples of the regions involved in the conflicts; (2) United Nations Security Council Resolutions 1306 and 1237 prohibit the importation of rough diamonds from Sierra Leone and Angola, except those accompanied by a certificate of origin issued by the government of that country; and (3) the initiative of the diamond industry, as presented in the Resolution of the World Federation of Diamond Bourses and the International Diamond Manufacturers Association in Antwerp on July 19, 2000, as well as the progress of the South African led Working Group on African Diamonds, in developing proposals for a global certification and monitoring system for diamonds, are important steps toward international controls on ``conflict'' diamonds. SEC. 302. ACTION BY EXECUTIVE BRANCH. The Congress urges the President-- (1) to take immediate action to develop and implement, together with other governments and organizations, an effective international system for controlling trade in rough diamonds and to direct the appropriate Federal departments and agencies to begin planning for implementation of such a system; and (2) once a global certificate of origin system for rough diamonds is in place, including forgery-proof certificates of exports, secure packaging, import and export controls, and an international diamond database, to take appropriate steps to fully adhere to this system, and to actively promote international compliance. TITLE IV--SPECIAL REPRESENTATIVE ON CONFLICT DIAMONDS SEC. 401. SPECIAL REPRESENTATIVE ON CONFLICT DIAMONDS. (a) Appointment.--The President shall, not later than 3 months after the date of the enactment of this Act, appoint a Special Representative on Conflict Diamonds. The Special Representatives on Conflict Diamonds shall hold office at the pleasure of the President and shall have the rank of Ambassador. (b) Functions.--The Special Representative on Conflict Diamonds shall have the following functions: (1) To serve as chairperson of an interagency working group established by the President to address the issues relating to the use of proceeds from the sale of diamonds mined in certain regions in Africa to support armed conflict in the countries in these regions. The interagency group shall include representatives of the Department of the Treasury (including the Customs Service), the Policy and Planning Staff and the Bureau of Democracy, Human Rights, and Labor of the Department of State, the Office of the United States Trade Representative, and the Department of Commerce. (2) To represent the United States at international meetings on the issues described in paragraph (1). (c) Reports to Congress.--The Special Representative on Conflict Diamonds shall submit to the Congress, not later than 6 months after the date of the enactment of this Act, and not later than the end of each 6-month period thereafter, a report on the following: (1) In consultation with the intelligence community, on the export of diamonds-- (A) from countries subject to an embargo imposed by the United Nations on imports of diamonds from those countries; and (B) from countries through which diamonds subject to such an embargo are transshipped in order to evade the embargo, including Liberia, Burkina Faso, Togo, Cote D'Ivoire, and Ukraine. (2) On the development of the proposals relating to the commercial importation of rough diamonds that were adopted in the resolution of the World Federation of Diamond Bourses and the International Diamond Manufacturers Association in Antwerp on July 19, 2000, including the status of-- (A) regulations of the countries that are the major exporters and importers of diamonds, relating to exports and imports of diamonds; (B) international monitoring and inspection of diamonds that are traded; and (C) an international computer registry of diamonds, and a means of determining the indigenous mining resources of exporting countries. (3) On the development of technologies to mark diamonds and technologies to identify the source of diamonds after they are polished.

Title II: Certificates of Origin - Directs the Secretary of the Treasury to issue regulations requiring diamonds (including products made in whole or in part from diamonds) which enter, or are withdrawn from warehouse for consumption, into the U.S. customs territory to be accompanied by a certificate stating the English name (or unmistakable abbreviation) of the country in which the diamonds were mined. Sets forth both civil and criminal penalties for violations of the requirements of this Act. Title III: International Efforts - Urges the President to: (1) take immediate action to develop and implement an effective international system for controlling trade in rough diamonds, and to direct the appropriate Federal agencies to begin implementation of such a system; and (2) once a global certificate of origin system for rough diamonds is in place, take appropriate steps to fully adhere to such system, and to actively promote international compliance. Title IV: Special Representative on Conflict Diamonds - Directs the President to appoint a Special Representative on Conflict Diamonds to: (1) serve as chairperson of an interagency working group, which the President shall also establish to address issues relating to the use of proceeds from the sale of diamonds mined in certain regions in Africa to support armed conflict there; and (2) represent the United States at international meetings with respect to such issues.

Consumer Access to a Responsible Accounting of Trade Act of 2000

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``S Corporation Investment Act of 1995''. (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. S CORPORATIONS PERMITTED TO HAVE 40 SHAREHOLDERS. Subparagraph (A) of section 1361(b)(1) (defining small business corporation) is amended by striking ``35 shareholders'' and inserting ``40 shareholders''. SEC. 3. MEMBERS OF FAMILY TREATED AS 1 SHAREHOLDER. Paragraph (1) of section 1361(c) (relating to special rules for applying subsection (b)) is amended to read as follows: ``(1) Members of family treated as 1 shareholder.-- ``(A) In general.--For purposes of subsection (b)(1)(A)-- ``(i) except as provided in clause (ii), a husband and wife (and their estates) shall be treated as 1 shareholder, and ``(ii) in the case of a family with respect to which an election is in effect under subparagraph (E), all members of the family shall be treated as 1 shareholder. ``(B) Members of the family.--For purposes of subparagraph (A)(ii), the term `members of the family' means the lineal descendants of the common ancestor and the spouses (or former spouses) of such lineal descendants or common ancestor. ``(C) Common ancestor.--For purposes of this paragraph, an individual shall not be considered a common ancestor if, as of the later of the effective date of this paragraph or the time the election under section 1362(a) is made, the individual is more than 4 generations removed from the youngest generation of shareholders. ``(D) Effect of adoption, etc.--In determining whether any relationship specified in subparagraph (B) or (C) exists, the rules of section 152(b)(2) shall apply. ``(E) Election.--An election under subparagraph (A)(ii)-- ``(i) must be made with the consent of all shareholders, ``(ii) shall remain in effect until terminated, and ``(iii) shall apply only with respect to 1 family in any corporation.'' SEC. 4. INCREASE IN PASSIVE INCOME PERMITTED. (a) Termination Provision.--Paragraph (3) of section 1362(d) (relating to termination) is amended by striking ``25 percent'' in the heading and in subparagraph (A)(i) and inserting ``40 percent''. (b) Tax on Former C Corporations.-- (1) Subsections (a)(2) and (b)(1)(A)(i) of section 1375 (relating to tax imposed when passive investment income of corporation having subchapter C earnings and profits exceeds 25 percent of gross receipts) are each amended by striking ``25 percent'' and inserting ``40 percent''. (2) The heading of section 1375 is amended by striking ``25 percent'' and inserting ``40 percent''. (3) The table of sections for part III of subchapter S of chapter 1 is amended by striking ``25 percent'' and inserting ``40 percent'' in the item relating to section 1375. SEC. 5. REINVESTMENT RESERVE. (a) In General.--Part III of subchapter S of chapter 1 (relating to special rules) is amended by adding at the end the following new section: ``SEC. 1376. REINVESTMENT RESERVE. ``(a) In General.--In the case of an S corporation, at the election of such corporation, there shall be allowed as a deduction for the taxable year an amount equal to the payments made by the corporation during such taxable year to a reinvestment reserve. ``(b) Limitation.--The amount which an S corporation may pay into its reinvestment reserve for any taxable year shall not exceed an amount equal to 3 percent of its taxable income (determined without regard to this section) for such taxable year. ``(c) Reinvestment Reserve.-- ``(1) In general.--Each S corporation which elects the application of this section shall establish a reinvestment reserve. ``(2) No tax on reserve earnings.--Earnings (including gains and losses) from the investment of amounts in the reserve shall not be taken into account under this title. ``(3) Use of reserve.--The reinvestment reserve shall be used exclusively for the acquisition, construction, reconstruction, or erection of tangible property to which section 168 applies for use in the active conduct of a trade or business of the S corporation. ``(4) Contributions to reserve.--The reinvestment reserve shall not accept any payments (or other amounts) other than payments with respect to which a deduction is allowable under subsection (a). ``(5) Distributions from reserve.--There shall be includible in the gross income of the S corporation for any taxable year any amount distributed from the reinvestment reserve during such taxable year. ``(6) Treatment of amounts not withdrawn within 3 years.-- ``(A) In general.--Any amount not withdrawn from the reinvestment reserve within the 3-year period beginning on the date of its deposit shall be treated as distributed as of the close of such period. ``(B) Deemed distributions taxed at highest marginal rate.--If any amount is treated under subparagraph (A) as distributed during any taxable year-- ``(i) such amount shall be excluded from the gross income of the corporation, and ``(ii) there is hereby imposed on such amount a tax equal to the product of such amount and the highest rate of tax specified in section 1. ``(C) Certain rules to apply.--Rules similar to the rules of subparagraphs (B) and (C) of paragraphs (5) and (6) of section 7518(g) shall apply for purposes of this paragraph. ``(d) Time When Payments Deemed Made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to the reinvestment reserve on the last day of a taxable year if such payment is made on account of such taxable year and is made with 2\1/2\ months after the close of such taxable year.'' (b) Clerical Amendment.--The table of sections for part III of subchapter S of chapter 1 is amended by adding at the end the following new section: ``Sec. 1376. Reinvestment reserve.'' SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after the date of the enactment of this Act.

S Corporation Investment Act of 1995 - Amends the Internal Revenue Code to permit small business corporations to have not more than 40 (currently, not more than 35) shareholders, treating members of a family (currently, a husband and wife) as one shareholder. Terminates a small business corporation's election to be an S corporation when passive investment income exceeds 40 (currently, 25) percent of gross receipts for three consecutive years and other requirements are met. Imposes a tax when an S corporation has C earnings and profits and has gross receipts more than 40 (currently, 25) percent of which are passive investment income. Allows S corporations to elect to deduct payments to a reinvestment reserve.

S Corporation Investment Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bus Operator and Pedestrian Protection Act''. SEC. 2. BUS OPERATIONS SAFETY RISK REDUCTION PROGRAM. (a) Public Transportation Safety Program Section.--Section 5329 of title 49, United States Code, is amended by adding at the end the following: ``(l) Bus Operations Safety Risk Reduction Program.-- ``(1) Requirements.--Not later than 2 years after the date of the enactment of this subsection, the Secretary shall require each recipient that operates fixed route bus service to-- ``(A) develop a risk reduction program for bus operations under paragraph (2) to improve safety by reducing the number and rates of accidents, injuries, assaults on bus operators, and fatalities; ``(B) submit the program, including the implementation plan required under paragraph (3), to the Secretary for review and approval; and ``(C) implement the program and plans approved by the Secretary. ``(2) Development of program.--A recipient required to develop and submit a risk reduction program for bus operations under paragraph (1)-- ``(A) shall develop such program by conducting risk analysis on the bus operations of the recipient; ``(B) may incorporate such program into an applicable comprehensive safety plan that such recipient prepares pursuant to subsection (d), if all requirements under this subsection are addressed in the recipient's comprehensive safety plan; and ``(C) shall develop such program in cooperation with bus operators and collective bargaining representatives of bus operators, including the development of-- ``(i) the risk analysis required under subparagraph (A); and ``(ii) implementation plans required under paragraph (3). ``(3) Implementation plan.--Each risk reduction program for bus operations under paragraph (1) shall include an implementation plan for-- ``(A) reduction of vehicular and pedestrian accidents involving buses that includes-- ``(i) deployment of driver assistance technologies for bus operators that reduce or prevent accidents; and ``(ii) measures to reduce visibility impairments for bus operators that contribute to accidents, including retrofits to buses in revenue service and specifications for future procurements that reduce visibility impairments; ``(B) bus operator assault mitigation, including-- ``(i) the deployment of assault mitigation infrastructure and technology on buses, including barriers to restrict the unwanted entry of individuals and objects into bus operators' workstations when a recipient's risk analysis determines that such barriers would reduce assaults and injuries to bus operators; and ``(ii) conflict de-escalation training for bus operators; ``(C) installation of seating and modification to design specifications of bus operator workstations that reduce or prevent injuries from ergonomic risks; and ``(D) other measures that the Secretary determines would significantly reduce the number and rate of accidents, injuries, assaults on bus operators, and fatalities related to bus operations; ``(4) Updating requirements.--The Secretary shall require each recipient required to develop a program under paragraph (1) to-- ``(A) update such program annually; and ``(B) resubmit such program for approval by the Secretary not less than once every 3 years.''. (b) FAST Act.--Section 3022(a) of the Fixing America's Surface Transportation Act (49 U.S.C. 5329 note) is amended by adding the following new sentence: ``Not later than 1 year after the date of the enactment of the Bus Operator and Pedestrian Protection Act, the Secretary shall issue a final rule regarding the protection of public transportation operators from the risk of assault.'' SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) Amount and Duration.--There are authorized to be appropriated to carry out implementation plans under the risk reduction program described in section 5329(l) of title 49, United States Code, as added by section 2 of this Act, $25,000,000 for each of fiscal years 2019 through 2023. (b) Formula.--Of the amounts made available to carry out this subsection for a fiscal year-- (1) 80 percent shall be distributed under the formula set forth in section 5336 of title 49, United States Code, other than subsection (b) of such section; and (2) 20 percent shall be distributed under the formula set forth in section 5311(c)(3) of such title. SEC. 4. OPERATOR ASSAULT DATA. Section 5335 of title 49, United States Code, is amended by adding at the end the following: ``(d) Operator Assault Data.-- ``(1) Report.--The recipient of a grant under this chapter shall report to the Secretary, for inclusion in the National Transit Database, any information on each assault on an operator. ``(2) Other reports.--A report required under paragraph (1) shall be separate from the reporting on other safety incidents in the National Transit Database. ``(3) Definition.--For purposes of this subsection: ``(A) The term `assault on an operator' means any circumstance when an individual knowingly and without lawful authority or permission with intent to endanger the safety or health of any individual, or with a reckless disregard for the safety or health of human life, interferes with, disables, or incapacitates any dispatcher, driver, captain, locomotive engineer, railroad conductor, or other individual while the individual is employed in dispatching, operating, controlling, or maintaining on-track equipment or a public transportation vehicle, including circumstances that do not require immediate medical attention or that do not result in a fatality. ``(B) The term `recipient' has the meaning given the term in section 5329(a).''.

Bus Operator and Pedestrian Protection Act This bill requires the Department of Transportation (DOT) to require public transportation safety grant recipients that operate fixed route bus service to: (1) develop a risk reduction program for bus operations to improve safety by reducing the number and rates of accidents, injuries, assaults on bus operators, and fatalities; (2) submit the program, including the implementation plan required by this bill, to DOT for review and approval; and (3) implement the program and plans approved by DOT. The recipient of a public transportation safety grant shall report to DOT, for inclusion in the National Transit Database, any information on each assault on an public transportation vehicle operator.

Bus Operator and Pedestrian Protection Act

SECTION 1. EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT. (a) Findings.--Congress makes the following findings: (1) Since it was established by Congress in 1962 at the request of President John F. Kennedy, the National Institute of Child Health and Human Development has achieved an outstanding record of achievement in catalyzing a concentrated attack on the unsolved health problems of children and of mother-infant relationships by fulfilling its mission to-- (A) ensure that every individual is born healthy and wanted, that women suffer no harmful effects from reproductive processes, and that all children have the chance to achieve their full potential for healthy and productive lives, free from disease or disability; and (B) ensure the health, productivity, independence, and well-being of all individuals through optimal rehabilitation. (2) The National Institute of Child Health and Human Development has made unparalleled contributions to the advancement of child health and human development, including significant efforts to-- (A) reduce dramatically the rates of Sudden Infant Death Syndrome, infant mortality, and maternal HIV transmission; (B) develop the Haemophilus Influenza B (Hib) vaccine, credited with nearly eliminating the incidence of mental retardation; and (C) conduct intramural research, support extramural research, and train thousands of child health and human development researchers who have contributed greatly to dramatic gains in child health throughout the world. (3) The vision, drive, and tenacity of one woman, Eunice Kennedy Shriver, was instrumental in proposing, passing, and enacting legislation to establish the National Institute of Child Health and Human Development (Public Law 87-838) on October 17, 1962. (4) It is befitting and appropriate to recognize the substantial achievements of Eunice Kennedy Shriver, a tireless advocate for children with special needs, whose foresight in creating the National Institute of Child Health and Human Development gave life to the words of President Kennedy, who wished to ``encourage imaginative research into the complex processes of human development from conception to old age.''. (b) Amendments to the Public Health Service Act.--The Public Health Service Act is amended-- (1) in section 401(b)(7) (42 U.S.C. 281(b)(7)), by striking ``National Institute of Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''; (2) in section 404B (42 U.S.C. 283d), by striking ``National Institute for Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''; (3) in section 404E(a) (42 U.S.C. 283g(a)), by striking ``National Institute of Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''; (4) in section 409D(c)(1) (42 U.S.C. 284h(c)(1)), by striking ``National Institute of Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''; (5) in section 424(c)(3)(B)(vi) (42 U.S.C. 285b- 7(c)(3)(B)(vi)), by striking ``National Institute of Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''; (6) in section 430(b)(2)(B) (42 U.S.C. 285c-4(b)(2)(B)), by striking ``National Institute of Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''; (7) in the heading of subpart 7 of part C of title IV (42 U.S.C. 285g et seq.), by striking the term ``National Institute of Child Health and Human Development'' each place such term appears and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''; (8) in section 487B(a) (42 U.S.C. 288-2(a)), by striking ``National Institute on Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''; (9) in section 519C(g)(2) (42 U.S.C. 290bb-25c(g)(2)), by striking ``National Institute of Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''; and (10) in section 1122 (42 U.S.C. 300c-12), by striking ``National Institute of Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''. (c) Amendments to Other Acts.-- (1) Comprehensive smoking education act.--Section 3(b)(1)(A) of the Comprehensive Smoking Education Act (15 U.S.C. 1341(b)(1)(A)) is amended by striking ``National Institute of Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''. (2) Adult education and family literacy act.--Sections 242 and 243 of the Adult Education and Family Literacy Act (20 U.S.C. 9252 and 9253) are amended by striking the term ``National Institute of Child Health and Human Development'' each place such term appears and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''. (3) Elementary and secondary education act of 1965.--The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by striking the terms ``National Institute of Child Health and Human Development'' and ``National Institute for Child Health and Human Development'' each place either term appears and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''. (d) Reference.--Any reference in any law, regulation, order, document, paper, or other record of the United States to the ``National Institute of Child Health and Human Development'' shall be deemed to be a reference to the ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends the Public Health Service Act to rename the National Institute of Child Health and Human Development as the "Eunice Kennedy Shriver National Institute of Child Health and Human Development."

A bill to rename the National Institute of Child Health and Human Development as the Eunice Kennedy Shriver National Institute of Child Health and Human Development.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smokeless Tobacco Warning Label Act''. SEC. 2. SMOKELESS TOBACCO LABELS AND ADVERTISING WARNINGS. Section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4402) is amended to read as follows: ``SEC. 3. SMOKELESS TOBACCO WARNING. ``(a) Packaging.-- ``(1) Warning statements.--It shall be unlawful for any person to manufacture, package, or import for sale or distribution within the United States any smokeless tobacco product unless the product package bears, in accordance with the requirements of this Act, one of the following labels: `WARNING: This Product Can Cause Mouth Cancer' `WARNING: This Product Can Cause Gum Disease And Tooth Loss' `WARNING: This Product Is Not A Safe Alternative To Cigarettes' `WARNING: Smokeless Tobacco Is Addictive'. `WARNING: This Product Contains Cancer Causing Chemicals'. ``(2) Location and size.--Each label statement required by paragraph (1) shall-- ``(A) comprise 20 percent of the area of each principal display panel of the package; ``(B) have the word `WARNING' appear in capital letters; and ``(C) as determined appropriate by the Secretary of Health and Human Services in conjunction with the Federal Trade Commission, have all other words in the statement appear in clear and conspicuous and legible type, in black text on a white background, or white text on a black background, and in a manner that contrasts by typography, layout, or color, with all other printed material on the package. ``(3) Responsibility.--The label statements required by paragraph (1) shall be introduced by each tobacco product manufacturer, packager, importer, distributor, or retailer of smokeless tobacco products concurrently into the distribution chain of such products. ``(4) Exemption.--This subsection does not apply to a tobacco product manufacturer or distributor of any smokeless tobacco product that does not manufacture, package, or import smokeless tobacco products for sale or distribution within the United States. ``(b) Advertising.-- ``(1) Illegal act.--It shall be unlawful for any tobacco product manufacturer, packager, importer, distributor, or retailer of smokeless tobacco products to advertise or cause to be advertised within the United States any smokeless tobacco product unless its advertising bears, in accordance with the requirements of this section, one of the label statements specified in subsection (a). ``(2) Standards for statements.--Each label statement required by subsection (a) in smokeless tobacco advertising shall comply with the standards set forth in this paragraph. For press and poster advertisements, each such statement shall-- ``(A) comprise at least 15 percent of the area of the advertisement; ``(B) have the word `WARNING' appear in capital letters; and ``(C) as determined appropriate by the Secretary of Health and Human Services in conjunction with the Federal Trade Commission, have all other words appear in the statement in clear and conspicuous and legible type, in black text on a white background, or white text on a black background, and in a manner that contrasts by typography, layout, or color, with all other printed material on the advertisement. ``(c) Rotation and Display of Warning Statements.-- ``(1) Packaging.--The label statements required under subsection (a) shall be randomly displayed in each 12-month period, in as equal a number of times as is possible on each brand of the product and be randomly distributed in all areas of the United States in which the product is marketed in accordance with a plan submitted by the tobacco product manufacturer, importer, distributor, or retailer and approved by the Secretary of Health and Human Services. ``(2) Advertising.--The label statements required under subsection (a) shall be rotated quarterly in alternating sequence in advertisements for each brand of smokeless tobacco product in accordance with a plan submitted by the tobacco product manufacturer, importer, distributor, or retailer to, and approved by, the Secretary. ``(3) Secretarial review.--The Secretary, in conjunction with the Federal Trade Commission, shall review each plan submitted under paragraphs (1) and (2) and approve it if the plan-- ``(i) in the case of a plan submitted under paragraph (1), assures that all of the labels required under this section will be displayed by the tobacco product manufacturer, importer, distributor, or retailer at the same time; and ``(ii) in the case of a plan submitted under paragraph (2), will provide for the equal distribution and display on packaging and the rotation required in advertising under this subsection.''. ``(d) Electronic Media.--It is unlawful to advertise smokeless tobacco on any medium of electronic communications subject to the jurisdiction of the Federal Communications Commission.''. SEC. 3. AUTHORITY TO REVISE SMOKELESS TOBACCO PRODUCT WARNING LABEL STATEMENTS. Section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4402), as amended by section 2, is further amended by adding at the end the following: ``(e) Authority To Revise Label Statements.--The Secretary of Health and Human Services may, by a rulemaking conducted under section 553 of title 5, United States Code, adjust the format, type size, and text of any of the label statements required by subsection (a) if the Secretary finds that such a change would promote greater public understanding of the risks associated with the use of smokeless tobacco products.''.

Smokeless Tobacco Warning Label Act - Amends the Comprehensive Smokeless Tobacco Health Education Act of 1986 to revise smokeless tobacco product warning label requirements. Includes among alternative warning statements: (1) "Smokeless Tobacco Is Addictive"; and (2) "This Product Contains Cancer Causing Chemicals." States that the Secretary of Health and Human Services may by rule revise such required statements.

To strengthen warning labels on smokeless tobacco products.

SECTION 1. SHORT TITLE. This Act may be cited as the ``PILT Fairness Act of 2002''. SEC. 2. FULL FUNDING FOR PAYMENTS IN LIEU OF TAXES. Section 6906 of title 31, United States Code, is amended-- (1) by striking ``Necessary'' and inserting ``(a) In General.--Necessary''; (2) by striking ``Amounts'' and inserting ``Except as provided in subsection (b), amounts''; and (3) by adding at the end the following new subsection: ``(b) Full Funding.--For fiscal years 2003 through 2007, amounts necessary to carry out this chapter shall be made available to the Secretary of the Interior, out of any funds in the Treasury not otherwise appropriated and without further appropriation, for obligation and expenditure in accordance with this chapter.''. SEC. 3. PROTECTION OF LOCAL TAX BASE AS PART OF FEDERAL LAND ACQUISITION. (a) Election of Payment To Offset Revenue Loss.-- (1) Notification of local governments.--Whenever a Federal land management agency acquires privately owned land by purchase, exchange, or donation, the head of the agency shall notify the unit of general local government within whose jurisdiction the land lies. (2) Election.--If a unit of general local government is notified by a Federal agency under paragraph (1) regarding an acquisition of land by the Federal agency, the elected officials with authority under State law to govern the unit may, within 90 days after that notification, elect to receive from the Federal land management agency a one-time payment in an amount sufficient to offset the long term revenue loss to the local government that will result from the acquisition of the land by the Federal agency. (b) Treatment of Land After One-Time Payment.-- (1) In general.--If a unit of general local government receives, pursuant to an election under subsection (a), a one- time payment with respect to land acquired by a Federal land management agency, the land shall not be treated as entitlement land for purposes of chapter 69 of title 31, United States Code, notwithstanding any changes that may thereafter occur in the value of the land, interest rates, taxation rates, or any other economic factor. (2) Conforming amendment.--Section 6901(1) of title 31, United States Code, is amended by adding at the end the following: ``Such term does not include any land with respect to which a unit of local government receives a one-time payment under the PILT Fairness Act of 2002.''. (c) Application.-- (1) In general.--This section shall apply to any land acquisition by a Federal land management agency completed after September 30, 1998. (2) Application to prior acquisitions.--For purposes of the application of this section to an acquisition of land by a Federal agency before the date of the enactment of this Act, the head of the agency is deemed to have notified the unit of general local government concerned in accordance with paragraph (1) on the date of the enactment of this Act. (3) No effect on title.--This subsection shall not affect any right, title, or interest of the United States in or to land. SEC. 4. ONE-TIME PAYMENT. (a) In General.--If a unit of general local government elects under section 3(a)(2) to receive a one-time payment with respect to land acquired by a Federal land management agency-- (1) the head of the Federal agency shall determine and make such payment in accordance with this section; and (2) such acquisition may not occur before the date the payment is made. (b) Amount of Payment.-- (1) In general.--The amount of such payment-- (A) shall be sufficient to yield a revenue stream in perpetuity equal to the property taxes currently required to be paid with respect to the land, determined as an annuity amount based on an interest rate equal to the current average yield on outstanding obligations of the United States with remaining periods of maturity of 10 years on the date of acquisition of the land by the Federal agency; (B) shall be determined based on the rate of tax and land valuation in effect for the land under the property tax laws of the unit of general local government that apply in the local tax year in which the land is acquired by the Federal land management agency; and (C) shall include amounts to offset property taxes that were attributable to-- (i) improvements on the acquired lands; or (ii) the use of the lands for business enterprise. (2) Federal acquisitions from tax-exempt entities.--If a Federal land management agency acquires lands by purchase, donation, exchange, or other means from a nongovernmental organization or other entity that is exempt from local taxation, paragraph (1) shall apply as if the lands were acquired from the last person that owned the lands that was not exempt from such taxation. (3) Deduction of pilt payments.--In the case of a payment under this section to a unit of general local government with respect to land that was acquired by a Federal land management agency before the date of the enactment of this Act, the head of the agency shall deduct, from the amount otherwise required to be paid, the amount of any payment made to the unit with respect to the land after September 30, 1998, under chapter 69 of title 31, United States Code. (c) Time for Payment.--The payment required under subsection (a) in connection with a land acquisition shall be made before the Federal land management agency takes possession of the land. (d) Use of Payment.-- (1) In general.--Amounts paid to a unit of general local government under this section shall be deposited into a trust fund established and administered by the unit of general local government. (2) Restriction on use of principal.--The principal of the trust fund may not be expended. (3) Use of interest.--Interest generated by the trust fund shall be available to the unit of general local government for any governmental purpose. SEC. 5. RELATIONSHIP OF ONE-TIME PAYMENTS TO PAYMENTS IN LIEU OF TAXES. A one-time payment received by a unit of general local government under this Act shall not be deducted or in any way used to offset payments required to be made to the unit under chapter 69 of title 31, United States Code. SEC. 6. DEFINITIONS. In this section: (1) Donation.--The term ``donation'' includes any conveyance of land to the Federal Government that is required as a condition of receipt of any benefit under Federal law. (2) Federal land management agency.--The term ``Federal land management agency'' means each of the following: (A) The Forest Service. (B) The Bureau of Land Management. (C) The National Park Service. (D) The United States Fish and Wildlife Service. (3) Unit of general local government.--The term ``unit of general local government'' has the meaning given the term in section 6901(2) of title 31, United States Code.

Amends Federal law to fund the payment in lieu of taxes program for five years.Permits a local government to receive a one-time payment to offset revenue loss from a Federal acquisition of land within its jurisdiction. Specifies that if a local government receives a one-time payment, the acquired land shall not be considered entitlement land, irrespective of changes in economic factors.Applies this Act to land acquisitions completed after September 30, 1998. Specifies criteria for determining amounts of one-time payments.Provides that in the case of land acquired before enactment of this Act, the head of the Federal land management agency shall deduct from the one-time payment the amount of any Federal sums paid to the local government since September 30, 1998.Requires each one-time payment to go into a trust fund, the interest of which may be used for any governmental purpose. Forbids expenditure of the principal of such a fund.

To provide full funding for the payment in lieu of taxes program for the next five fiscal years, to protect local jurisdictions against the loss of property tax revenues when private lands are acquired by a Federal land management agency, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Students from Worthless Degrees Act''. SEC. 2. CONSUMER PROTECTIONS FOR STUDENTS. (a) In General.-- (1) Definitions.--In this section: (A) Federal financial assistance program.--The term ``Federal financial assistance program'' means a program authorized and funded by the Federal Government under any of the following provisions of law: (i) Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). (ii) Title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). (iii) The Adult Education and Family Literacy Act (20 U.S.C. 9201 et seq.). (iv) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. (v) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. (vi) Section 1784a, 2005, or 2007 of title 10, United States Code. (B) Institution of higher education.--The term ``institution of higher education''-- (i) with respect to a program authorized under subparagraph (A)(i), has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); (ii) with respect to a program authorized under subparagraph (A)(ii), has the meaning given the term ``postsecondary educational institution'' as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801); (iii) with respect to a program authorized under subparagraph (A)(iii), has the meaning given the term ``postsecondary educational institution'' as defined in section 203 of the Adult Education and Family Literacy Act (20 U.S.C. 9202); (iv) with respect to a program authorized under subparagraph (A)(iv), has the meaning given the term ``educational institution'' under section 3452 of title 38, United States Code; (v) with respect to a program authorized under subparagraph (A)(v), means an educational institution that awards a degree or certificate and is located in any State; and (vi) with respect to a program authorized under subparagraph (A)(vi), means an educational institution that awards a degree or certificate and is located in any State. (C) State.-- (i) State.--The term ``State'' includes, in addition to the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the Freely Associated States. (ii) Freely associated states.--The term ``Freely Associated States'' means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (2) Consumer protections.--Notwithstanding any other provision of law, an institution of higher education is not eligible to participate in a Federal financial assistance program with respect to any program of postsecondary education or training, including a degree or certificate program, that is designed to prepare students for entry into a recognized occupation or profession that requires licensing or other established requirements as a pre-condition for entry into such occupation or profession, unless-- (A) the successful completion of the program fully qualifies a student, in the State in which the institution offering the program is located (and in any State in which the institution indicates, through advertising or marketing activities or direct contact with potential students, that a student will be prepared to work in the occupation or profession after successfully completing the program), to-- (i) take any examination required for entry into the recognized occupation or profession in the State, including satisfying all State or professionally mandated programmatic and specialized accreditation requirements, if any; and (ii) be certified or licensed or meet any other academically related pre-conditions that are required for entry into the recognized occupation or profession in the State; (B) the institution offering the program provides timely placement for all of the academically related pre-licensure requirements for entry into the recognized occupation or profession in the State, such as clinical placements, internships, or apprenticeships; (C) in the case of State licensing or professionally mandated requirements for entry into the recognized occupation or profession in the State in which the institution offering the program is located (and in any State in which the institution indicates, through advertising or marketing activities or direct contact with potential students, that a student will be prepared to work in the occupation or profession after successfully completing the program) that require specialized accreditation-- (i) the program meets that requirement for specialized accreditation through its accreditation or pre-accreditation by an accrediting agency or association recognized by the Secretary of Education as a reliable authority as to the quality or training offered by the institution in that program; and (ii) if the program is in a pre-accredited, probation, or show cause status by an accrediting agency or association described in clause (i), and the requirement for specialized accreditation is for full accreditation, the institution-- (I) establishes, to the satisfaction of the Secretary of Education, that each student who enrolls before the program is fully accredited attests of being advised that the program is in a pre- accredited, probation, or show cause status and of being informed of the effect on the student's eligibility for assistance under this title and on the student's ability to satisfy State or professionally mandated requirements for entry into the recognized occupation or profession if full accreditation is delayed, denied, terminated, or withdrawn; and (II) publicly and prominently discloses in any advertising, marketing, or recruitment materials and activities for the institution, the institution's pre-accredited, probation, or show cause status and the implications of such status for prospective students; and (D) the institution-- (i) discloses on the application to enroll in the institution that its program does not necessarily satisfy out-of-State requirements, if applicable; and (ii) upon receipt of an application to enroll in the institution, notifies the student, prior to enrollment, if the program in which the student intends to enroll does not satisfy the requirements of the State in which the student is a resident, if applicable. (b) Effective Date.--This section shall be effective 6 months after the date of enactment of this Act.

Protecting Students from Worthless Degrees Act - Makes any institution of higher education (IHE) postsecondary program designed to prepare students for a recognized occupation or profession requiring licensing or other entry pre-conditions ineligible to participate in a federal financial assistance program, unless it meets specified student consumer protection requirements. Requires each program to: (1) fully prepare students to satisfy those entry pre-conditions in the state in which the program is operated and in any state the program claims a successful program graduate will be prepared to work in the particular occupation or profession involved; (2) provide timely placement of students in required pre-licensure positions, such as internships or apprenticeships; and (3) meet specialized state accreditation requirements, or notify students if the program has not yet been fully accredited. Requires an IHE to notify out-of-state applicants as to whether or not its program satisfies the requirements of the applicant's state.

A bill to provide consumer protection for students.

SECTION 1. MEDICARE DSH REPORT AND PAYMENT ADJUSTMENTS IN RESPONSE TO COVERAGE EXPANSION INSTEAD OF PPACA AND HCERA REVISIONS. (a) DSH Report.--Not later than January 1, 2016, the Secretary of Health and Human Services shall submit to Congress a report on Medicare DSH taking into account the impact of the health care reforms carried out under the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010, in reducing the number of uninsured individuals. The report shall include recommendations relating to the following: (1) The appropriate amount, targeting, and distribution of Medicare DSH to compensate for higher Medicare costs, Medicaid reimbursement shortfalls, and uncompensated care associated with serving low-income beneficiaries (taking into account variations in the empirical justification for Medicare DSH attributable to hospital characteristics, including bed size), consistent with the original intent of Medicare DSH. (2) The appropriate amount, targeting, and distribution of Medicare DSH to hospitals given their continued uncompensated care costs, to the extent such costs remain. (b) Payment Adjustments in Response to Coverage Expansion.-- (1) In general.--If there is a significant decrease in the national rate of uninsurance as a result of corrected PPACA (as determined under paragraph (2)(A)), then the Secretary of Health and Human Services shall, beginning no earlier than fiscal year 2018, implement the following adjustments to Medicare DSH: (A) In lieu of the amount of Medicare DSH payment that would otherwise be made under section 1886(d)(5)(F) of the Social Security Act, the amount of Medicare DSH payment shall be an amount based on the recommendations of the report under subsection (a)(1) and shall take into account variations in the empirical justification for Medicare DSH attributable to hospital characteristics, including bed size. (B) Subject to paragraph (3), make an additional payment to a hospital by an amount that is estimated based on the amount of uncompensated care provided by the hospital based on criteria for uncompensated care as determined by the Secretary, which shall exclude bad debt. (2) Significant decrease in national rate of uninsurance as a result of this act.--For purposes of this subsection-- (A) In general.--There is a ``significant decrease in the national rate of uninsurance as a result of corrected PPACA'' if there is a decrease in the national rate of uninsurance (as defined in subparagraph (B)) from 2012 to 2014 that exceeds 8 percentage points. (B) National rate of uninsurance defined.--The term ``national rate of uninsurance'' means, for a year, such rate for the under-65 population for the year as determined and published by the Bureau of the Census in its Current Population Survey in or about September of the succeeding year. (3) Uncompensated care increase.-- (A) Computation of dsh savings.--For each fiscal year (beginning with fiscal year 2018), the Secretary shall estimate the aggregate reduction in the amount of Medicare DSH payment that would be expected to result from the adjustment under paragraph (1)(A). (B) Structure of payment increase.--The Secretary shall compute the additional payment to a hospital as described in paragraph (1)(B) for a fiscal year in accordance with a formula established by the Secretary that provides that-- (i) the estimated aggregate amount of such increase for the fiscal year does not exceed 50 percent of the aggregate reduction in Medicare DSH estimated by the Secretary for such fiscal year; and (ii) hospitals with higher levels of uncompensated care receive a greater increase. (c) Definitions.--In this section: (1) The term ``Medicare DSH'' means adjustments in payments under section 1886(d)(5)(F) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(F)) for inpatient hospital services furnished by disproportionate share hospitals. (2) The term ``corrected PPACA'' means the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010. (d) Elimination of HCERA Provision.--Section 1886 of the Social Security Act (42 U.S.C. 1395ww), as amended by sections 3133 and 10316 of the Patient Protection and Affordable Care Act and section 1104 of the Health Care and Education Reconciliation Act of 2010, is amended-- (1) in subsection (d)(5)(F)(i), by striking ``Subject to subsection (r), for'' and inserting ``For''; and (2) by striking subsection (r). SEC. 2. MEDICAID DSH REVISIONS. Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r- 4(f)(7)(A)), as amended by sections 2551(a)(4) and 10201(e)(1) of the Patient Protection and Affordable Care Act and section 1203(a) of the Health Care and Education Reconciliation Act of 2010, is amended-- (1) clause (i), by striking ``2014 through 2020'' and inserting ``2018 through 2024''; and (2) in subclauses (I) through (VII) of clause (ii), by striking ``2014'', ``2015'', ``2016'', ``2017'', ``2018'', ``2019'', and ``2020'' and inserting ``2018'', ``2019'', ``2020'', ``2021'', ``2022'', ``2023'', and ``2024'', respectively.

Directs the Secretary of Health and Human Services (HHS) to report to Congress on the Medicare DSH (disproportionate share hospital) payment system, taking into account the impact of the health care reforms under the Patient Protection and Affordable Care Act (PPACA), as amended by the Health Care and Education Reconciliation Act of 2010 (HCERA), in reducing the number of uninsured individuals. Requires the Secretary to make specified adjustments to the Medicare DSH payment system, including an additional payment to hospitals based on the amount of uncompensated care they have provided, if there is a significant decrease in the national rate of uninsurance as a result of corrected PPACA. Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by PPACA and HCERA, to eliminate certain current requirements for adjustments to Medicare DSH payments. Amends SSA title XIX (Medicaid), as amended by PPACA and HCERA, to postpone specified Medicaid DSH reductions scheduled for FY2014-FY2020 until FY2018-FY2024.

To amend titles XIX and XVIII of the Social Security Act, as amended by the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, with respect to payment of disproportionate share hospitals (DSH) under the Medicare and Medicaid programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Value and Quality Demonstration Act of 2002''. SEC. 2. FINDINGS. The Senate makes the following findings: (1) The United States Government should reward physicians, hospitals, and other health care providers that provide high- quality, cost-effective health care to beneficiaries under the medicare program. (2) The Journal of the American Medical Association has published quality indicators in an article entitled ``Quality of Medical Care Delivered to Medicare Beneficiaries: A Profile at State and National Levels''. (3) The cost of health care is-- (A) reflected in the type and volume of physicians' services and in physician ordering and prescribing behavior; and (B) reflected in the amount of the average payment to hospitals under the medicare program for each medicare beneficiary in each State. (4) Physician and hospital practice patterns contribute to the total cost and quality of care for each medicare beneficiary in each State. (5) The original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act does not include a mechanism to pay for interventions designed to improve quality of care. While the framework for payments to managed care organizations under the Medicare+Choice program under part C of such title allows for the reallocation of capitation revenues to cover such things as disease state management and quality improvement infrastructure, even the most optimistic projections for managed care enrollment leave the majority of medicare beneficiaries in the original medicare fee-for-service program. SEC. 3. DEMONSTRATION PROJECT TO ENCOURAGE THE PROVISION OF HIGH- QUALITY, COST-EFFECTIVE INPATIENT HOSPITAL SERVICES. (a) Purpose.--The purpose of the demonstration project conducted under this section is to encourage the provision of high-quality, cost- effective health care to beneficiaries under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) by providing incentive payments to hospitals located in States in which high-quality and cost-effective services are being provided in order to finance further quality improvements. (b) Demonstration Project.-- (1) Establishment.--Not later than 6 months after the date of enactment of this Act, the Secretary shall establish a demonstration project under which-- (A) the Secretary provides bonus payments to providers of inpatient hospital services that deliver high-quality health care at low costs in accordance with the methodology established by the Agency for Healthcare Research and Quality under paragraph (2); and (B) the Secretary funds a plan at each site to increase the number of providers of inpatient hospital services that provide high-quality, low-cost health care to beneficiaries under the medicare program under title XVIII of the Social Security Act. (2) Value and quality ranking methodology.-- (A) In general.--The Agency for Healthcare Research and Quality shall establish a value and quality ranking methodology under which the Secretary awards bonus payments to providers of inpatient hospital services located in those States that demonstrate that such providers in the State are providing high value because of the high-quality, cost-effective health care services being provided to medicare beneficiaries. (B) Basis.--The methodology established under subparagraph (A) shall be based on the rank and performance on medicare quality indicators contained in the article entitled ``Quality of Medical Care Delivered to Medicare Beneficiaries: A Profile at State and National Levels'' published in the October 4, 2000, issue of the Journal of the American Medical Association or such other quality indicators as the Secretary determines to be appropriate. (3) Sites.--The Secretary shall select 2 States in which to conduct the demonstration project-- (A) from among the top 25 States (as ranked using the methodology established under paragraph (2)) that are also among the group of 25 States with the lowest per capita cost to the medicare program under title XVIII of the Social Security Act during the most recent 12-month period for which data are available; and (B) based upon information contained in applications submitted to the Secretary by such States at such time, in such form and manner, and containing such information as the Secretary may require. (4) Duration of project.--The demonstration project shall be conducted over a 5-year period. (c) Reports.--The Secretary shall submit to the appropriate committees of Congress interim reports on the demonstration project and a final report on the project within 6 months after the conclusion of the project together with recommendations for such legislative or administrative action as the Secretary determines appropriate. (d) Waiver.--The Secretary shall waive such provisions of titles XI and XVIII of the Social Security Act (42 U.S.C. 1301 et seq. and 1395 et seq.) as may be necessary to conduct the demonstration project under this section. (e) Definitions.--In this section: (1) Provider of inpatient hospital services.--The term ``provider of inpatient hospital services'' means any individual or entity that receives payment under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for providing an inpatient hospital service (as defined in section 1861(b) of such Act (42 U.S.C. 1395x(b))). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (f) Funding.--There are appropriated from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) such sums as the Secretary determines are necessary to conduct the demonstration project under this section. SEC. 4. DEMONSTRATION PROJECT TO ENCOURAGE THE PROVISION OF HIGH- QUALITY, COST-EFFECTIVE PHYSICIANS' SERVICES. (a) Purpose.--The purpose of the demonstration project conducted under this section is to encourage the provision of high-quality, cost- effective health care to beneficiaries under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) by providing incentive payments to physicians located in States in which high-quality and cost-effective services are being provided in order to finance further quality improvements. (b) Demonstration Project.-- (1) Establishment.--Not later than 6 months after the date of enactment of this Act, the Secretary shall establish a demonstration project under which-- (A) the Secretary provides bonus payments to providers of physicians' services that deliver high- quality, cost-effective health care in accordance with the methodology established by the Agency for Healthcare Research and Quality under paragraph (2); and (B) the Secretary funds a plan in each State to increase the number of providers of physicians' services that provide high-quality, cost-effective health care to beneficiaries under the medicare program under title XVIII of the Social Security Act. (2) Value and quality ranking methodology.-- (A) In general.--The Agency for Healthcare Research and Quality shall establish a value and quality ranking methodology under which the Secretary awards bonus payments to providers of physicians' services located in those States that demonstrate that such providers in the State are providing high value because of the high- quality, cost-effective health care services being provided to medicare beneficiaries. (B) Basis.--The methodology established under subparagraph (A) shall be based on the rank and performance on medicare quality indicators contained in the article entitled ``Quality of Medical Care Delivered to Medicare Beneficiaries: A Profile at State and National Levels'' published in the October 4, 2000, issue of the Journal of the American Medical Association or such other quality indicators as the Secretary determines to be appropriate. (3) Sites.--The Secretary shall select 2 States in which to conduct the demonstration project-- (A) from among the top 25 States (as ranked using the methodology established under paragraph (2)) that are also among the 25 States with the lowest per capita cost to the medicare program under title XVIII of the Social Security Act during the most recent 12-month period for which data are available; and (B) based upon information contained in applications submitted to the Secretary by such States at such time, in such form and manner, and containing such information as the Secretary may require. (4) Duration of project.--The demonstration project shall be conducted over a 5-year period. (c) Reports.--The Secretary shall submit to the appropriate committees of Congress interim reports on the demonstration project and a final report on the project within 6 months after the conclusion of the project together with recommendations for such legislative or administrative action as the Secretary determines appropriate. (d) Waiver.--The Secretary shall waive such provisions of titles XI and XVIII of the Social Security Act (42 U.S.C. 1301 et seq. and 1395 et seq.) as may be necessary to conduct the demonstration project under this section. (e) Definitions.--In this section: (1) Provider of physicians' services.--The term ``provider of physicians' services'' means any individual or entity that receives payment under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for providing physicians' services (as defined in section 1861(q) of such Act (42 U.S.C. 1395x(q))). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (f) Funding.--There are appropriated from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t) such sums as the Secretary determines are necessary to conduct the demonstration project under this section.

Medicare Value and Quality Demonstration Act of 2002 - Directs the Secretary of Health and Human Services to establish demonstration projects under which the Secretary: (1) provides bonus payments to providers of inpatient hospital services and providers of physicians' services that deliver high-quality health care at low costs in accordance with a value and quality ranking methodology established by the Agency for Healthcare Research and Quality under this Act; and (2) funds a plan at each site to increase the number of such service providers that provide high-quality, low-cost health care to beneficiaries under the Medicare program under title XVIII of the Social Security Act.

A bill to establish demonstration projects under the medicare program under title XVIII of the Social Security Act to reward and expand the number of health care providers delivering high-quality, cost-effective health care to medicare beneficiaries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Terrorism Deterrence and Detection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Combating the threat of a terrorist detonating a nuclear device on American soil is a critical security challenge. (2) Nuclear forensics contributes to the Nation's ability to deter and respond to nuclear terrorism through technical analysis of nuclear materials intercepted intact or retrieved from post-explosion debris. (3) Nuclear forensics, when combined with law enforcement and intelligence data, contributes to attribution of the nuclear material or nuclear device to its source. (4) The Nation's nuclear forensics capability can be improved, as identified in a report from the American Physical Society and American Association for the Advancement of Science, with regard to the following: (A) Workforce: The training of skilled personnel needs to be accelerated. The Nation is understaffed in nuclear forensics, with just 35 to 50 experts at United States national laboratories and more than half of them likely to retire in the next 10 to 15 years. (B) Equipment: Most of the Nation's field and laboratory equipment used in nuclear forensics analysis dates to the Cold War. A program should be undertaken to develop and manufacture advanced, automated field- equipment that allows for more rapid and accurate radiation analysis. (C) International Databases: Nuclear material can have a unique signature depending on its source reactor of fuel facility. A shared and accessible international database of nuclear samples can help to more quickly match debris or an intercepted nuclear device with its original source. (D) Independent Evaluation Group: Given the intelligence community's failings in the assessment of weapons of mass destruction in Iraq, there may be international skepticism regarding any nuclear forensics investigation the United States might perform. A group of recognized experts not associated with the federal investigation would provide independent validation of the forensics analysis. (E) Exercises: Nuclear forensics investigations take time and the results may not be immediately conclusive. Through realistic drills, senior leadership can become aware of the strengths and limitations of the nation's nuclear forensics capability and appropriately incorporate the capability into decision making. SEC. 3. SENSE OF CONGRESS ON NNSA FELLOWSHIP PROGRAM FOR GRADUATE STUDENTS IN THE FIELD OF NUCLEAR CHEMISTRY. It is the sense of Congress that-- (1) the Administrator for Nuclear Security should establish a fellowship program for graduate students in the field of nuclear chemistry, which should-- (A) support no fewer than 6 Ph.D.s per year; and (B) require graduate students to spend two summers in a national laboratory over the course of the program; and (2) the fellowship program should receive funding in an amount not less than-- (A) $1,000,000 for fiscal year 2009; (B) $2,000,000 for fiscal year 2010; (C) $3,000,000 for fiscal year 2011; (D) $4,000,000 for fiscal year 2012; and (E) $5,000,000 for fiscal year 2013. SEC. 4. SENSE OF CONGRESS ON NNSA RESEARCH AND DEVELOPMENT FOR NUCLEAR FORENSICS FIELD RADIATION-MEASUREMENT EQUIPMENT. It is the sense of Congress that-- (1) the Administrator for Nuclear Security should carry out research and development with a targeted goal of improving the speed and accuracy of nuclear forensics radiation-measurement equipment; and (2) the research and development should receive funding in an amount not less than $5,000,000 for each of fiscal years 2009 through 2013. SEC. 5. ADDITIONAL INFORMATION TO BE INCLUDED IN REPORT ON NUCLEAR FORENSICS CAPABILITIES. Section 3129(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 585) is amended-- (1) in paragraph (2) by striking ``and'' at the end; (2) in paragraph (3) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(4) any legislative, regulatory, or treaty actions necessary to facilitate international cooperation in enhancement of international nuclear-material databases and the linking of those databases to enable prompt data access.''. SEC. 6. NUCLEAR FORENSICS ADVISORY PANEL. (a) Establishment.--The Secretary of Defense, the Secretary of Energy, and the Secretary of Homeland Security shall establish a joint independent Nuclear Forensics Advisory Panel of recognized experts not directly associated with the Federal laboratories. The function of the panel shall be to provide independent validation of any Federal nuclear forensics analysis. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretaries referred to in subsection (a) shall submit a report on the structure and membership of the panel required by subsection (a). The report shall be submitted to-- (1) the Committee on Appropriations, Committee on Armed Services, and Committee on Homeland Security of the House of Representatives; and (2) the Committee on Appropriations, Committee on Armed Services, and Committee on Homeland Security and Government Affairs of the Senate. SEC. 7. PRESIDENTIAL REPORT ON INVOLVEMENT OF CABINET-LEVEL LEADERSHIP IN CERTAIN EXERCISES THAT INCLUDE NUCLEAR FORENSICS ANALYSIS. Not later than 90 days after the date of the enactment of this Act, the President shall submit a report on the involvement of Cabinet-level leadership in planned nuclear terrorism preparedness exercises that have nuclear forensics analysis as a component of the exercise. The report shall be submitted to-- (1) the Committee on Appropriations, Committee on Armed Services, and Committee on Homeland Security of the House of Representatives; and (2) the Committee on Appropriations, Committee on Armed Services, and Committee on Homeland Security and Government Affairs of the Senate.

Nuclear Terrorism Deterrence and Detection Act - Declares that it is the sense of Congress that the Administrator for Nuclear Security should, with specified minimum levels of funding, establish a graduate fellowship program in nuclear chemistry and carry out research and development to improve the speed and accuracy of nuclear forensics radiation-measurement equipment. Amends the National Defense Authorization Act for Fiscal Year 2008 to require a report to Congress on any legislative, regulatory, or treaty actions necessary to facilitate international cooperation in enhancement of international nuclear-material databases and the linking of those databases to enable prompt data access. Directs the Secretaries of Defense, Energy, and Homeland Security to establish a joint independent Nuclear Forensics Advisory Panel of experts not directly associated with federal laboratories to provide independent validation of any federal nuclear forensics analysis. Directs the President to report to specified congressional committees on the involvement of Cabinet-level leadership in planned nuclear terrorism preparedness exercises that include nuclear forensics analysis.

To improve the Nation's nuclear forensics capability to help deter and respond to nuclear terrorism.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freight Infrastructure Reinvestment Act of 2013''. SEC. 2. NATIONAL FREIGHT MOBILITY INFRASTRUCTURE IMPROVEMENT PROGRAM. (a) Establishment.--The Secretary of Transportation shall establish a National Freight Mobility Infrastructure Improvement Program under which the Secretary is authorized to make grants, on a competitive basis, to States and designated entities for eligible costs associated with projects to improve efficiency and capacity with respect to freight mobility in the United States. (b) Grant Applications.-- (1) In general.--To be eligible to receive a grant under the program a State or designated entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. (2) Solicitation.--The Secretary shall conduct a national solicitation for applications under the program. (c) Grant Criteria.-- (1) Establishment.--The Secretary, in accordance with this subsection, shall establish criteria for selecting among applications submitted for grants under the program. (2) Requirements.--A project is eligible for a grant under the program only if the Secretary determines that the project-- (A) is of national or regional significance, including projects to assist-- (i) the construction of grade separations at railroad, highway, and railroad-highway junctions; (ii) the construction of railroad bypasses and spurs; (iii) the construction of railroad side tracks; (iv) the expansion of rail and highway tunnels to accommodate wider, taller, and additional volumes of vehicular and rail freight and container stacks; (v) the addition of railroad track and intermodal facilities at international gateways, land, air, and sea ports, points of congestion, and logistic centers; (vi) highway and road construction (including reinforcement for heavy weight vehicles and heavy traffic volume) at international gateways, land, air, and sea ports, points of congestion, and logistic centers to better accommodate and speed the flow of freight traffic; (vii) the construction and improvement of rail and highway bridges that carry a substantial amount of freight; (viii) the construction of highway ramps built to carry a substantial amount of freight; and (ix) the construction of highway lanes, including lanes that segregate freight and passenger vehicular traffic; (B) will improve freight mobility, capacity, and efficiency in the United States; (C) is cost effective; (D) is based on the results of preliminary engineering; (E) is justified based on the extent to which the project-- (i) will enhance State, regional, or national economic development, performance, and efficiency as measured by-- (I) the creation of new businesses and jobs and the retention of existing businesses and jobs; (II) State and local tax receipts; and (III) improved safety, as measured by reductions in accidents, injuries, and fatalities; and (ii) will maximize economic opportunities for communities; and (F) is supported by an acceptable degree of non- Federal financial commitments, including that-- (i) the project provides for the availability of contingency amounts that, as determined by the Secretary, are reasonable to cover unanticipated cost increases; and (ii) each proposed non-Federal source of financing is stable, reliable, and available within the project timetable. (3) Considerations.--In selecting a project for a grant under the program, the Secretary shall consider the extent to which the project-- (A) meets the requirements specified in paragraph (2); (B) complements and supports the objectives of applicable freight plans developed by States under section 1118 of MAP-21 (23 U.S.C. 167 note); (C) facilitates freight throughput of higher volume and values; (D) uses operational efficiencies, including intelligent transportation systems, that enhance the efficiency or effectiveness (or both) of the project; (E) helps maintain or protect the environment; and (F) improves or enhances segments of the primary freight network designated under section 167(d) of title 23, United States Code. (d) Notice to Congress.--Not less than 90 days before making a grant under the program, the Secretary shall submit to Congress written notice of the grant. (e) Funding.--The Secretary shall carry out the program using amounts made available to the Secretary from the National Freight Mobility Infrastructure Fund established under section 9512 of the Internal Revenue Code of 1986. (f) Limitation on Grant Distribution.--Not more than 10 percent of the amounts available during a fiscal year for grants under the program may be used for projects located in a single State. (g) Full Funding Grant Agreements.--The Secretary may enter into a grant under the program that provides funding for a project in more than one fiscal year. An agreement for such a grant shall-- (1) establish the maximum amount of Federal financial assistance for the project; (2) establish the time period for Federal financial assistance for the project; (3) provide grant funds for the fiscal year in which the grant is made; and (4) include a commitment, that is not an obligation of the Federal Government and that is contingent on the availability of funds, for grant amounts to be provided in fiscal years following the fiscal year in which the grant is made. (h) Non-Federal Financial Commitments.-- (1) Federal share.--The Federal share of the cost of a project for which a grant is made under the program, as estimated by the Secretary, shall be not more than 80 percent. (2) Considerations.--In assessing the stability, reliability, and availability of proposed sources of non- Federal financing for purposes of subsection (c)(2)(F)(ii), the Secretary shall consider-- (A) existing financial commitments; (B) the degree to which financing sources are dedicated to the purposes proposed; (C) any debt obligation that exists or is proposed by the grant recipient for the proposed project; and (D) the extent to which the project has a non- Federal financial commitment that exceeds the required non-Federal share of the cost of the project. (i) Highway Construction.--A grant made to assist the construction of a highway under the program shall be subject to the requirements relating to such construction under title 23, United States Code. (j) Other Terms and Conditions.--The Secretary shall ensure that all grants made under the program are subject to terms, conditions, and requirements that the Secretary decides are necessary or appropriate for purposes of this section, including requirements for the disposition of net increases in the value of real property resulting from the project assisted under the program. (k) Administrative Costs.--In carrying out the program, the Secretary shall seek to minimize administrative costs, including overhead, enforcement, and auditing costs related to the program. (l) Annual Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the activities of the Secretary under the program. (m) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary shall issue regulations to carry out this section. (n) Definitions.--In this section, the following definitions apply: (1) Designated entity.--The term ``designated entity'' means-- (A) an entity designated by the chief executive officer of a State (or the chief executive officer's designee) as eligible to apply for and receive funding under the program; (B) a regional authority responsible under the laws of a State for a project eligible for funding under the program; and (C) a public port. (2) Eligible costs.--The term ``eligible costs'' means the costs of a project with respect to-- (A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and (B) construction, reconstruction, rehabilitation, acquisition of real property (including land related to a project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements. (3) Program.--The term ``program'' means the National Freight Mobility Infrastructure Improvement Program established under subsection (a). (4) State.--The term ``State'' has the meaning given such term in section 101(a) of title 23, United States Code. SEC. 3. FREIGHT MOBILITY INFRASTRUCTURE TAX. (a) Imposition of Tax.--Chapter 33 of the Internal Revenue Code of 1986 is amended by adding after subchapter C the following new subchapter: ``Subchapter D--Transportation by Freight and Highway ``Sec. 4286. Imposition of tax. ``SEC. 4286. IMPOSITION OF TAX. ``(a) In General.--There is hereby imposed upon taxable ground transportation of property within the United States a tax equal to 1 percent of the amount paid for such transportation. ``(b) By Whom Paid.-- ``(1) In general.--Except as provided by paragraph (2), the tax imposed by subsection (a) shall be paid-- ``(A) by the person making the payment subject to tax, or ``(B) in the case of transportation by a related person, by the person for whom such transportation is made. ``(2) Payments made outside the united states.--If a payment subject to tax under subsection (a) is made outside the United States and the person making such payment does not pay such tax, such tax-- ``(A) shall be paid by the person to whom the property is delivered in the United States after the final segment of transportation in the United States, and ``(B) shall be collected by the person furnishing the last segment of such transportation. ``(3) Determinations of amounts paid in certain cases.--For purposes of this section, rules similar to the rules of section 4271(c) shall apply. ``(c) Transportation by Related Persons.--In the case of transportation of property by the taxpayer or a person related to the taxpayer, the fair market value of such transportation shall be the amount which would be paid for transporting such property if such property were transported by an unrelated person, determined on an arms' length basis. ``(d) Definitions.--For purposes of this subchapter-- ``(1) Taxable ground transportation.-- ``(A) In general.--The term `taxable ground transportation' means transportation of property by-- ``(i) freight rail, or ``(ii) commercial motor vehicle (as defined in section 31101(1) of title 49, United States Code) for a distance of more than 50 miles. ``(B) Passenger baggage excluded.--For purposes of subparagraph (A), the term `property' does not include baggage accompanying a passenger traveling on an established line. ``(2) Related person.--A person (hereinafter in this paragraph referred to as the `related person') is related to any person if-- ``(A) the related person bears a relationship to such person specified in section 267(b) or 707(b)(1), or ``(B) the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). For purposes of the preceding sentence, in applying section 267(b) and 707(b)(1), `10 percent' shall be substituted for `50 percent'. ``(e) Transfer of Amounts Equivalent to Tax to National Freight Mobility Infrastructure Fund.--There are hereby appropriated to the National Freight Mobility Infrastructure Fund amounts equivalent to the taxes received in the Treasury under subsection (a). ``(f) Exemption for United States and Possessions and State and Local Governments.--The tax imposed by subsection (a) shall not apply to the transportation of property purchased for the exclusive use of the United States, or any State or political subdivision thereof.''. (b) Credits or Refunds to Persons Who Collected Certain Taxes.-- Section 6415 of such Code is amended by striking ``or 4271'' each place it appears and inserting ``4271, or 4286''. (c) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall issue regulations to carry out the amendments made by this section. (d) Effective Date.--The amendments made by this section shall apply to transportation beginning on or after the last day of the 180- day period beginning on the date of the issuance of regulations under subsection (c). SEC. 4. NATIONAL FREIGHT MOBILITY INFRASTRUCTURE FUND. Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9512. NATIONAL FREIGHT MOBILITY INFRASTRUCTURE FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `National Freight Mobility Infrastructure Fund' (hereinafter in this section referred to as the `Fund') consisting of such amounts as may be appropriated or credited to such Fund as provided in this section or section 9602(b). ``(b) Transfers to the Fund.--There are hereby appropriated to the Fund amounts equivalent to taxes received in the Treasury under section 4286. ``(c) Expenditures From Fund.--Amounts in the Fund shall be made available to the Secretary of Transportation for each of the fiscal years 2014 to 2039, without further appropriation, for making expenditures to meet the obligations of the United States to carry out section 2 of the Freight Infrastructure Reinvestment Act of 2013, not more than 4 percent of which for any fiscal year may be used for administrative expenses.''.

Freight Infrastructure Reinvestment Act of 2013 - Directs the Secretary of Transportation (DOT) to establish a National Freight Mobility Infrastructure Improvement Program to award competitive grants to states and designated entities for eligible costs of projects to improve the efficiency and capacity of freight mobility in the United States. Amends the Internal Revenue Code to establish a National Freight Mobility Infrastructure Fund to carry out projects under this Act. Imposes a tax on taxable ground transportation of property equal to 1% of its fair market value. Requires transfer into the Fund of amounts equivalent to the tax.

Freight Infrastructure Reinvestment Act of 2013

SECTION 1. SHORT TITLE; REFERENCE (a) Short Title.--This Act may be cited as the ``Black Lung Benefits Restoration Act of 1994''. (b) Reference.--Whenever in this Act (other than section 9(a)(1)) 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 Black Lung Benefits Act. SEC. 2. BENEFIT OVERPAYMENT. Part C is amended by adding at the end the following: ``Sec. 436 (a) The repayment of benefits paid on a claim filed under this part before the final adjudication of the claim shall not be required if the claim was finally denied, unless fraud or deception was used to procure the payment of such benefits. ``(b) The trust fund shall refund any payments made to it as a reimbursement of benefits paid on a claim filed under this part before the final adjudication of the claim, unless fraud or deception was used to procure the payment of such benefits. ``(c) The trust fund shall reimburse an operator for any benefits paid on a claim filed under this part before the final adjudication of the claim if the claim was finally denied. ``(d) If on a claim for benefits filed under this part-- ``(1) the Secretary makes an initial determination-- ``(A) of eligibility, or ``(B) that particular medical benefits are payable, or ``(2) an award of benefits is made, the operator found to be the responsible operator under section 422(h) shall, within 30 days of the date of such determination or award, commence the payment of monthly benefits accruing thereafter and of medical benefits that have been found payable. If an operator fails to timely make any payment required by an initial determination or by an award, such determination or award shall be considered final as of the date of its issuance.''. SEC. 3. EVIDENCE. Section 422 (30 U.S.C. 932) is amended by adding at the end the following: ``(m)(1)(A) During the course of all proceedings on a claim for benefits under this part, the results of not more than 3 medical examinations offered by the claimant may be received as evidence to support eligibility for benefits. ``(B) During the course of all proceedings on a claim for benefits under this part, the responsible operator and the trust fund-- ``(i) may each require, at no expense to the claimant, not more than one medical examination of the miner, and ``(ii) may not each offer as evidence the results of more than one medical examination of the miner. ``(C) An administrative law judge may require the miner to submit to a medical examination by a physician assigned by the District Director if the administrative law judge determines that, at any time, there is good cause for requiring such examination. For purposes of this subparagraph, good cause shall exist only when the administrative law judge is unable to determine from existing evidence whether the claimant is entitled to benefits. ``(D) The complete pulmonary evaluation provided each miner under section 413(b) and any consultive evaluation developed by the District Director shall be received into evidence notwithstanding subparagraph (A) or (B). ``(E) Any record of-- ``(i) hospitalization for a pulmonary or related disease, ``(ii) medical treatment for a pulmonary or related disease, and ``(iii) a biopsy or an autopsy, may be received into evidence notwithstanding subparagraph (A) or (B). ``(2) In addition to the medical examinations authorized by paragraph (1), each party may submit one interpretive medical opinion (whether presented as documentary evidence or in oral testimony) reviewing each clinical study or physical examination (including a consultive reading of a chest roentgenogram, an evaluation of a blood gas study, and an evaluation of a pulmonary function study) derived from any medical examination or contained in a record referred to in paragraph (1)(E). ``(3) A request for modification of a denied claim under section 22 of the Longshore and Harbor Workers' Compensation Act, as made applicable to this Act by subsection (a) of this section, shall be considered as if it were a new claim for the purpose of applying the limitations prescribed by paragraphs (1) and (2). ``(4) The opinion of a miner's treating physician, if offered in accordance with paragraph (1)(A), shall be given substantial weight over the opinion of other physicians in determining the claimant's eligibility for benefits if the treating physician is board-certified in a specialty relevant to the diagnosis of total disability or death due to pneumoconiosis. ``(5) For purposes of this subsection, a medical examination consists of a physical examination and all appropriate clinical studies (not including a biopsy or an autopsy) related to the diagnosis of total disability or death due to pneumoconiosis.''. SEC. 4. SURVIVOR BENEFITS. (a) Death.--Section 422 (30 U.S.C. 932), as amended by section 3, is amended by adding at the end the following: ``(n) If an eligible survivor files a claim for benefits under this part and if the miner-- ``(1) was receiving benefits for pneumoconiosis pursuant to a final adjudication under this part, or ``(2) was totally disabled by pneumoconiosis at the time of the miner's death, the miner's death shall be considered to have occurred as a result of the pneumoconiosis.''. (b) Rules for Widows and Widowers.--Section 422 (30 U.S.C. 932), as amended by subsection (a), is amended by adding at the end the following: ``(o)(1) A widow or widower of a miner who was married to the miner for less than 9 months at any time preceding the miner's death is not qualified to receive survivor benefits under this part unless the widow or widower was the natural or adoptive parent of the miner's child. ``(2) The widow or widower of a miner is disqualified to receive survivor benefits under this part if the widow or widower remarries before attaining the age of 50. ``(3) A widow or widower may not receive an augmentation in survivor benefits on any basis arising out of a remarriage of the widow or widower.''. SEC. 5. RESPONSIBLE OPERATOR. Section 422(h) (30 U.S.C. 932(h)) is amended by inserting ``(1)'' after ``(h)'' and by adding at the end the following: ``(2)(A) Prior to issuing an initial determination of eligibility, the Secretary shall, after investigation, notice, and a hearing as provided in section 19 of the Longshore and Harbor Workers' Compensation Act, as made applicable to this Act by subsection (a) of this section, determine whether any operator meets the Secretary's criteria for liability as a responsible operator under this Act. If a hearing is timely requested on the liability issue, the decision of the administrative law judge conducting the hearing shall be issued not later than 120 days after such request and shall not be subject to further appellate review. ``(B) If the administrative law judge determines that an operator's request for a hearing on the liability issue was made without reasonable grounds, the administrative law judge may assess the operator for the costs of the proceeding (not to exceed $750).''. SEC. 6. ATTORNEY FEES. Section 422 (30 U.S.C. 932), as amended by section 4(b), is amended by adding at the end the following: ``(p)(1) If in any administrative or judicial proceeding on a claim for benefits a determination is made that a claimant is entitled to such benefits, the claimant shall be entitled to receive all reasonable costs and expenses (including expert witness and attorney's fees) incurred by the claimant in such proceeding and in any other administrative or judicial proceeding on such claim occurring before such proceeding. ``(2) In the case of a proceeding held with respect to such claim-- ``(A) the person or Board which made the determination that the claimant is entitled to benefits in an administrative proceeding and any other person or Board which made a prior determination in an administrative proceeding on such claim, or ``(B) the court in the case of a judicial proceeding, shall determine the amount of all costs and expenses (including expert witness and attorney's fees) incurred by the claimant in connection with any such proceeding and shall assess the operator responsible to the claimant for such costs and expenses which are reasonable or if there is not an operator responsible to the claimant, shall assess the fund for such costs and expenses. ``(3) The determination of such costs and expenses shall be made within 60 days of the date the claimant submits a petition for the payment of such costs and expenses to a person, the Board, or court which made a determination on the claimant's claim. The person, Board, or court receiving such petition shall take such action as may be necessary to assure that such costs and expenses are paid within 45 days of the date of the determination of such costs and expenses unless a motion to reconsider-- ``(A) the amount of such costs and expenses, or ``(B) the person liable for the payment of such amount, is pending. ``(4) If an operator pays costs and expenses assessed under paragraph (1) and if the claimant for whom such costs and expenses were paid is determined in a later proceeding not to be eligible for benefits under this part, the fund shall pay the operator the amount paid for such costs and expenses. ``(5) Section 28(e) of the Longshore and Harbor Workers' Compensation Act shall apply with respect to any person who receives costs and expenses which are paid under this subsection on account of services rendered a claimant.''. SEC. 7. ADMINISTRATION. (a) Appeals to the Benefits Review Board.--No appeal of an order in a proceeding under the Black Lung Benefits Act may be made by a claimant or respondent to the Benefits Review Board unless such order has been made by an administrative law judge. (b) Acquiescence.--The Secretary of Labor may not delegate to the Benefits Review Board the authority to refuse to acquiesce in a decision of a Federal court. SEC. 8. REFILING. Any claim filed under the Black Lung Benefits Act after January 1, 1982, but before the effective date of this Act prescribed by section 11(a), may be refiled under such Act after such effective date for a de novo review on the merits. SEC. 9. DEFINITIONS. (a) Coke Ovens.-- (1) Federal mine safety and health act of 1977.--Section 3 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 802) is amended-- (A) in paragraph (d), by inserting before the semicolon the following: ``or who operates a coke oven or any machine shop or other operation reasonably related to the coke oven'', (B) in paragraph (g), by inserting before the semicolon the following: ``or working at a coke oven or in any other operation reasonably related to the operation of a coke oven'', and (C) in paragraph (h)(2), by inserting before the semicolon the following: ``and includes a coke oven and any operation, structure, or area of land reasonably related to the operation of a coke oven''. (2) Black lung benefits act.--The first sentence of section 402(d) (30 U.S.C. 902(d)) is amended by inserting before the period the following: ``or who works or has worked at a coke oven or in any other operation reasonably related to the operation of a coke oven''. (b) Pneumoconiosis.--Section 402(b) (30 U.S.C. 902(b)) is amended-- (1) by adding after ``sequelae'' the following: ``which disease or sequelae is restrictive or obstructive or both'', and (2) by striking out ``coal mine'' and inserting in lieu thereof ``coal mine or coke oven''. SEC. 10. CONSTRUCTION. If in any legal proceeding a term in any amendment made by this Act is considered to be ambiguous, the legislative history accompanying this Act shall be considered controlling. SEC. 11. EFFECTIVE DATES (a) General Rule.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect October 1, 1994. (b) Section 6.--The amendment made by section 6 shall apply only with respect to claims which are filed for the first time after October 1, 1994, and shall not apply with respect to any claim which is filed before such date and which is refiled under section 8 of this Act after such date.

Black Lung Benefits Restoration Act of 1994 - Amends the Black Lung Benefits Act (the Act) to provide that, when black lung benefits are paid after an initial determination of eligibility, repayment of an overpayment will not be required even upon a final determination of ineligibility, if there was no fraud or deception by the claimant. Provides for refunds to claimants of any such repayments required before this Act. Provides for reimbursement by the Black Lung Disability Trust Fund to operators who made such benefit overpayments. (Sec. 3) Revises evidence requirements. Prohibits the responsible operator or the Trust Fund from requiring more than one medical examination to controvert medical evidence presented by a claimant on the basis of a medical examination. Prohibits any claimant from offering more than three medical examinations; but authorizes the administrative law judge to require the claimant to submit to an additional medical examination. (Sec. 4) Revises requirements for survivor benefits. Provides that a miner's death shall be considered to have occurred as a result of the pneumoconiosis if the miner was receiving benefits for, or was disabled by, pneumoconiosis at the time of death. Qualifies to receive survivor benefits any widow or widower of a miner who was married to the miner for at least nine months preceding the miner's death, or who had children as a result of such a marriage. Provides that widows or widowers of miners are not disqualified to receive survivor benefits if they remarry after attaining age 50, but prohibits them from receiving an augmentation in survivor benefits on any basis arising out of a subsequent marriage. (Sec. 5) Provides for notice and an opportunity for a hearing to appeal to the Secretary any designation of liability as the responsible operator. Authorizes assessment of proceeding costs against any operator who does not have reasonable grounds to contest the designation. (Sec. 6) Requires that all reasonable legal costs and expenses incurred by the claimant be paid by the responsible operator, or the Trust Fund, after an administrative or judicial determination that the claimant is entitled to black lung benefits. Requires the Secretary or court to take action to assure that they are paid within 45 days after such determination. Requires the Trust Fund to pay any operator the legal costs the operator paid to a claimant determined in a later proceeding to be ineligible for benefits. (Sec. 7) Prohibits a claimant or respondent from appealing to the Benefits Review Board any order unless it has been made by an administrative law judge. (Sec. 8) Allows any claim filed under the Act after January 1, 1982, but before enactment of this Act, to be refiled after enactment of this Act for a de novo review on the merits. (Sec. 9) Provides for coverage of coke oven operators (or operators of machine shops or other operations reasonably related to coke ovens) under the Act and the Federal Mine Safety and Health Act. (Sec. 10) Requires that the legislative history accompanying this Act be considered controlling if a term in any amendment made by this Act is considered ambiguous in any legal proceeding. (Sec. 11) Makes attorney fees provisions of this Act applicable only to new claims filed after October 1, 1994.

Black Lung Benefits Restoration Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korean Enablers Accountability Act of 2017''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Government of the Democratic People's Republic of Korea has flagrantly defied the international community by illicitly developing its nuclear and ballistic missile programs, in violation of United Nations Security Council Resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), and 2321 (2016). (2) The Government of the Democratic People's Republic of Korea engages in gross human rights abuses against its own people and citizens of other countries, including the United States and Japan. (3) The United States and its partners are committed to pursuing a peaceful denuclearization of the Democratic People's Republic of Korea through a policy of maximum pressure and engagement. SEC. 3. SANCTIONS WITH RESPECT TO THE GOVERNMENT OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA AND ITS ENABLERS. (a) Blocking of Property.--On and after the date that is 90 days after the date of the enactment of this Act, the President shall block and prohibit all transactions in all property and interests in property of a person described in subsection (d) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (b) Facilitation of Certain Transactions.--The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines has knowingly, on or after the date that is 90 days after the date of the enactment of this Act, conducted or facilitated a significant transaction with respect to the importation, sale, or transfer of goods or services from the Democratic People's Republic of Korea on behalf of a person described in subsection (d). (c) Importation, Sale, or Transfer of Goods and Services.--The President shall impose sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to a person if the President determines that the person knowingly, on or after the date that is 90 days after the date of the enactment of this Act, imports, purchases, or transfers goods or services from a person described in subsection (d). (d) Persons Described.--A person described in this subsection is any of the following: (1) The Government of the Democratic People's Republic of Korea or any political subdivision, agency, or instrumentality of that Government. (2) Any person owned or controlled, directly or indirectly, by that Government. (3) Any person acting or purporting to act, directly or indirectly, for or on behalf of that Government. (4) The following entities: (A) Dandong Zhicheng Metallic Material. (B) Shandong International Trade co Ltd Hongjian. (C) Xiamen Xiang Yu Shares Co. (D) Sdic Jingmin Putian Ltd. (E) Hangzhou Pei Amoy Trading company. (F) Hunchun xin Times. (G) Rizhao Steel Holding. (H) Shandong Yun Hill Mines. (I) China Dawn Garmet (Dalian). (J) Dandong Hao Du Trading co. ltd. (5) Any person affiliated with an entity described in paragraph (4). (6) Any person affiliated with an entity identified by the Secretary of the Treasury as a major importer of goods and services from the Democratic People's Republic of Korea. (e) Exemptions.--The following activities are exempt from sanctions under this section: (1) Activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.). (2) Authorized intelligence activities of the United States. (3) Activities necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or any other international agreement. (4) Activities incidental to the POW/MIA accounting mission in the Democratic People's Republic of Korea, including activities by the Defense POW/MIA Accounting Agency and other governmental or nongovernmental organizations tasked with identifying or recovering the remains of members of the United States Armed Forces in the Democratic People's Republic of Korea. (f) Waivers.-- (1) In general.--The President may waive the application of sanctions under this section with respect to a person if the President-- (A) determines that the waiver is in the national security interest of the United States; and (B) submits to the appropriate congressional committees a report on the determination and the reasons for the determination. (2) Humanitarian waiver.-- (A) In general.--The President may waive, for renewable periods of not less than 30 days and not more than one year, the application of sanctions under this section if the President submits to the appropriate congressional committees a written determination that the waiver is necessary for humanitarian assistance or to carry out the humanitarian purposes set forth in section 4 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7802). (B) Content of written determination.--A written determination submitted under subparagraph (A) with respect to a waiver shall include a description of all notification and accountability controls that have been employed in order to ensure that the activities covered by the waiver are humanitarian assistance or are carried out for the purposes set forth in section 4 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7802) and do not entail any activities in North Korea or dealings with the Government of North Korea not reasonably related to humanitarian assistance or those purposes. (C) Clarification of permitted activities.--An internationally recognized humanitarian organization shall not be subject to sanctions under this section for-- (i) engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes pursuant to a waiver issued under subparagraph (A); (ii) transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes pursuant to such a waiver; or (iii) having merely incidental contact, in the course of providing humanitarian assistance or aid for humanitarian purposes pursuant to such a waiver, with individuals who are under the control of a foreign person subject to sanctions under this section. (g) Rule of Construction.--A person described in subsection (d) is subject to sanctions under this section without regard to whether the name of the person is published in the Federal Register or incorporated into the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury. (h) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (2) Correspondent account; payable-through account.--The terms ``correspondent account'' and ``payable-through account'' have the meanings given those terms in section 5318A of title 31, United States Code. (3) Foreign financial institution.--The term ``foreign financial institution'' has the meaning given that term in section 561.308 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (4) Humanitarian assistance.--The term ``humanitarian assistance'' means assistance to meet humanitarian needs, including needs for food, medicine, medical supplies, clothing, and shelter. (5) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (6) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; and (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. SEC. 4. PROHIBITION ON IMPORT OF AND SANCTIONS WITH RESPECT TO GOODS MADE WITH NORTH KOREAN LABOR. (a) Prohibition on Import of Goods Made With North Korean Labor.-- (1) In general.--Except as provided in paragraph (2), any significant goods, wares, articles, or merchandise mined, produced, or manufactured wholly or in part by the labor of nationals or citizens of the Democratic People's Republic of Korea shall be deemed to be mined, produced, or manufactured, as the case may be, by convict labor, forced labor, or indentured labor under penal sanctions for purposes of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) and shall not be entitled to entry at any of the ports of the United States. (2) Exception.--The prohibition under paragraph (1) shall not apply to goods, wares, articles, or merchandise if the Commissioner of U.S. Customs and Border Protection finds, by clear and convincing evidence, that the goods, wares, articles, or merchandise were not produced with trafficked labor, convict labor, forced labor, or indentured labor under penal sanctions. (b) Sanctions With Respect to Persons That Use North Korean Labor.--The President shall, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in property and interests in property of a person that the President determines mines, produces, or manufactures goods, wares, articles, or merchandise prohibited from entry into the United States under subsection (a), if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (c) Trafficked Labor Defined.--In this section, the term ``trafficked labor'' means labor or services procured through the recruitment, harboring, transportation, provision, or obtaining of a person through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. SEC. 5. MANDATORY DISCLOSURE OF INVESTMENTS IN THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA AND OTHER SANCTIONABLE ACTIVITIES. (a) In General.--Not later than 270 days after the date of the enactment of this Act, the Securities and Exchange Commission shall prescribe regulations requiring each issuer to disclose annually, beginning with the issuer's first fiscal year that begins after the date on which those regulations are prescribed-- (1) any investments in the Democratic People's Republic of Korea; and (2) any other activities that may be subject to sanctions under section 3 or 4. (b) Issuer Defined.--In this section, the term ``issuer'' has the meaning given that term in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).

North Korean Enablers Accountability Act of 2017 This bill directs the President to: (1) impose property-blocking sanctions against the North Korean government, business entities that trade with North Korea, including specified Chinese entities, and affiliated persons or entities; (2) prohibit the opening, and strictly control the maintaining in the United States, of correspondent or payable-through accounts by a foreign financial institution that assisted in the importation, sale, or transfer of North Korean goods or services; and (3) impose specified sanctions against a person that imports, purchases, or transfers goods or services from the North Korean government or from such entities or affiliates. The President may waive the application of these sanctions for humanitarian or national security purposes. The bill prohibits the U.S. entry of goods mined, produced, or manufactured by North Korean labor, and directs the President to apply property-blocking sanctions against a person or entity that mines, produces, or manufactures such prohibited goods. Such prohibition shall not apply if U.S. Customs and Border Protection finds that the goods were not produced with trafficked, convict, forced, or indentured labor. The Securities and Exchange Commission shall require issuers of stock and other securities to disclose annually any investments in North Korea and activities potentially sanctionable under this bill.

North Korean Enablers Accountability Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shaken Baby Syndrome Prevention Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) There are unfortunately many incidents that exemplify the abuse that children suffer across all 50 states--becoming victims of Shaken Baby Syndrome. One such incident involves 8- month-old Cynthia Gibbs, of Yonkers, New York, who on November 17, 2000, died of massive brain damage. Cynthia's abuser and killer was her own State-certified child care provider operating child care services out of her home. Another involves 11-month-old George ``Skipper'' Lithco of Poughkeepsie, New York, who died on December 3, 2000, from brain injuries he suffered when he was shaken by his day care provider--a 51- year-old grandmother who said she lost control when he spit up on her and cried during his afternoon feeding. (2) The most recent National Child Abuse and Neglect Data System figures reveal that almost 900,000 children were victims of abuse and neglect in the United States in 2002, causing unspeakable pain and suffering to our most vulnerable citizens. (3) Among the children who are victims of abuse and neglect, nearly 4 children die in the United States each day. (4) Children aged 1 year or younger accounted for 41.2 percent of all child abuse and neglect fatalities in 2002, and children aged 4 years or younger accounted for 76.1 percent of all child abuse and neglect fatalities in 2002. (5) Abusive head trauma, including the trauma known as ``Shaken Baby Syndrome'', is recognized as the leading cause of death of physically abused children. (6) Shaken Baby Syndrome can result in loss of vision, brain damage, paralysis, seizures, or death. (7) A 2003 report in the Journal of the American Medical Association estimated that, in the United States, an average of 300 children will die each year, and 600 to 1,200 more will be injured, of whom 2/3 will be babies or infants under 1 year in age, as a result of Shaken Baby Syndrome, with many cases resulting in severe and permanent disabilities. (8) Medical professionals believe that thousands of additional cases of Shaken Baby Syndrome are being misdiagnosed or are not detected. (9) Shaken Baby Syndrome often results in permanent, irreparable brain damage or death to an infant and may result in more than $1,000,000 in medical costs to care for a single, disabled child in just the first few years of life. (10) The most effective solution for ending Shaken Baby Syndrome is to prevent the abuse, and it is clear that the minimal costs of education and prevention programs may prevent enormous medical and disability costs and immeasurable amounts of grief for many families. (11) Prevention programs have demonstrated that educating new parents about the danger of shaking young children and how they can help protect their child from injury can bring about a significant reduction in the number of cases of Shaken Baby Syndrome. This is further evidenced in work completed by the Upstate New York SBS Prevention Project, which resulted in a 47 percent reduction in the number of shaking and subsequent inflicted head injuries in the Buffalo, New York, region. (12) Education programs have been shown to raise awareness and provide critically important information about Shaken Baby Syndrome to parents, care givers, daycare workers, child protection employees, law enforcement personnel, health care professionals, and legal representatives. (13) Efforts to prevent Shaken Baby Syndrome are supported by organizations across the United States whose mission it is to make aware, educate, and support the general public and professionals about Shaken Baby Syndrome, as well as increase support for victims and the families of victims. SEC. 3. EDUCATION AND AWARENESS CAMPAIGN. (a) In General.--The Secretary of Health and Human Services shall develop and implement an effective ongoing public information and educational campaign to inform the public, in general, and new parents, child care providers, and other care givers of young children, in particular, about brain injuries and other harmful effects that may result from shaking infants and children under 5 years of age and healthy strategies to cope with a crying baby and related frustrations--all to help protect children from injury. (b) Elements.--The program under subsection (a) shall include at least the following elements: (1) Educational and informational materials in print, audio, video, electronic and other media which should be coordinated with national and Federal awareness activities, such as Shaken Baby Awareness Week, to the extent possible. (2) Public service announcements and advertisements. (3) Dissemination of effective prevention practices and techniques to parents and care givers, and to maternity hospitals, child care centers, organizations providing prenatal and postnatal care, and organizations providing parenting education and support services. (c) Meetings With Advocacy Community.--The Secretary of Health and Human Services, working with all relevant components, shall establish biannual meetings with Shaken Baby Syndrome advocacy groups, parenting support communities, organizations involved in child protection and child maltreatment prevention, and other Federal and State agencies that are or should be involved in prevention activities, including the Joint Commission on the Accreditation of Healthcare Organizations. (d) Support for Parents of Surviving Children.--The Secretary of Health and Human Services, along with its components, the Shaken Baby Syndrome advocacy community, parenting support communities, organizations involved in child protection and child maltreatment prevention, as well as professional associations and institutions involved in medical research and treatment shall work to provide effective support for the parents of surviving children who suffer serious brain injuries as the result of shaking, especially during the traumatic period immediately following the shaking event, when parents most need support. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $5,000,000 for fiscal year 2007.

Shaken Baby Syndrome Prevention Act - Requires the Secretary of Health and Human Services to develop and implement a public information and educational campaign to inform the public, new parents, child care providers, and other care givers of young children about: (1) brain injuries and other harmful effects that may result from shaking infants and children under five years of age; and (2) healthy strategies to cope with a crying baby and related frustrations. Directs that such campaign include dissemination of effective prevention practices and techniques to parents, care givers, maternity hospitals, child care centers, organizations providing prenatal and postnatal care, and organizations providing parenting education and support services. Requires the Secretary to establish biannual meetings with Shaken Baby Syndrome advocacy groups, parenting support communities, organizations involved in child protection and child maltreatment prevention, and other federal and state agencies involved in prevention activities. Directs the Secretary and such entities to provide support for the parents of surviving children who suffer serious brain injuries as the result of shaking.

To enhance Federal efforts focused on increasing public awareness of the risks and dangers associated with Shaken Baby Syndrome.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Savings Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States imports more oil from the Middle East today than before the attacks on the United States on September 11, 2001; (2) the United States remains the most oil-dependent industrialized nation in the world, consuming approximately 25 percent of the world's oil despite having only 2-3 percent of the world's oil reserves; (3) the ongoing dependence of the United States on foreign oil is one of the greatest threats to the national security and economy of the United States; and (4) the United States needs to take transformative steps to wean itself from its addiction to oil. SEC. 3. ESTABLISHING AN INTERAGENCY WORKING GROUP. Not later than 30 days after the date of the enactment of this Act, a Commissioner of the Federal Trade Commission, appointed by the Chairperson of the Federal Trade Commission, shall establish, and serve as the Director of, an interagency working group (in this Act referred to as the ``Working Group'') consisting of the Secretary of Energy, the Chairman of the Federal Energy Regulatory Commission, and department heads from other appropriate Federal entities determined by the Director. SEC. 4. ACTION PLAN. (a) In General.--Not later than 270 days after the date of the enactment of this Act, the Working Group shall publish in the Federal Register an action plan. (b) Requirements.--The action plan shall include-- (1) intermediate oil savings targets for each calendar year beginning on the calendar year after the date of the enactment of this Act; (2) a list of requirements, including the oil savings to be achieved by each requirement, that will be sufficient, when taken together, to save from the baseline determined under section 7-- (A) 2,500,000 barrels of oil per day on average during calendar year 2015; (B) 7,000,000 barrels of oil per day on average during calendar year 2025; and (C) 10,000,000 barrels of oil per day on average during calendar year 2030; (3) a supply disruption strategy for Federal departments and agencies to develop contingency plans in the event of a supply disruption resulting in a precipitous and short-term annualized decline of 4 percent of world oil production from the prior year's baseline, and to provide timely advice to Congress about cost-effective measures to mitigate the potential negative consequences of such a supply disruption; and (4) a peak oil strategy for Federal departments and agencies to develop contingency plans in the event of a peak and subsequent annualized decline of 4 percent of world oil production from the prior year's baseline, and to provide timely advice to Congress about cost-effective measures to mitigate the potential negative consequences of such a peak. (c) Proposed Regulations.--Not later than 270 days after the date of the enactment of this Act, each Federal entity with jurisdiction to take action under any requirement of the action plan shall propose, or issue a notice of intent to propose, regulations meeting such requirement. (d) Notice of Intent To Propose Regulations.--If a Federal entity issues a notice of intent to propose regulations under this section, the entity shall propose such regulations not later than 330 days after the date of the enactment of this Act. (e) Final Regulations.--Not later than 18 months after the date of the enactment of this Act, each Federal entity with jurisdiction to take action under any requirement of the action plan shall promulgate final versions of the regulations required under this section. (f) Accompanying Analysis.--Each proposed and final regulation promulgated under this section shall be accompanied by an analysis from the applicable Federal entity demonstrating that the regulation will achieve the oil savings required by the action plan. SEC. 5. REPORT REQUIREMENT. Not later than January 1, 2012, and every 3 years thereafter, the Working Group shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that evaluates the progress achieved in implementing the oil savings requirements established under section 4. SEC. 6. REVISED ACTION PLAN. (a) In General.--If intermediate oil savings targets set by the action plan are not met, not later than 60 days after submission of a report required under section 5, the Working Group may publish a revised action plan that is sufficient to achieve the requirements established under section 4. (b) Proposed Regulations.--Not later than 60 days after submission of the report required under section 5, each Federal entity with jurisdiction to take action under any requirement of the revised action plan shall propose, or issue a notice of intent to propose, regulations meeting such requirement. (c) Notice of Intent To Propose Regulations.--If a Federal entity issues a notice of intent to propose regulations under this section, the entity shall propose such regulations not later than 120 days after submission of the report required under section 5. (d) Final Regulations.--Not later than 6 months after publication of the report required under section 5, each Federal entity with jurisdiction to take action under any requirement of the revised action plan shall promulgate final versions of the regulations required under this section. (e) Accompanying Analysis.--Each proposed and final regulation promulgated under this section shall be accompanied by an analysis from the applicable Federal entity demonstrating that the regulation will achieve the oil savings required by the revised action plan. SEC. 7. DETERMINATION OF A BASELINE. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the Working Group established under section 3 shall determine the baseline level of United States consumption of barrels of oil per day on average. (b) Energy Information Administration.--In determining the baseline level of United States oil consumption, the Working Group shall utilize the expertise and resources of the Energy Information Administration, particularly in validating statistical data that may be relevant, and shall consider the Energy Information Administration's Annual Energy Outlook 2008 and Annual Energy Outlook 2009 Early Release. (c) Information From Federal Entities.--Each executive department, bureau, commission, agency, board, office, independent establishment, or instrumentality of the Federal Government shall make available to the Working Group upon request any data, information, estimates, statistics, and access to any employee necessary for the determination of the baseline under this section.

Oil Savings Act of 2009 - Requires a Commissioner of the Federal Trade Commission (FTC), appointed by the FTC Chairperson, to establish, and serve as Director of, an interagency working group, which shall publish in the Federal Register an action plan for achieving oil savings. Authorizes the working group to publish a revised action plan if intermediate oil savings targets set by the action plan are not met. Requires the working group to determine the baseline level of U.S. consumption of barrels of oil per day on average.

To promote the national security and stability of the United States economy by reducing the dependence of the United States on foreign oil, and for other purposes.

SECTION 1. PRICE SUPPORT AND MARKETING ORDERS FOR MILK. (a) Reduction and Elimination of Milk Price Support.--Subsection (b) of section 204 of the Agricultural Act of 1949 (7 U.S.C. 1446e) is amended by striking ``rate not less than $10.10 per hundredweight for milk containing 3.67 percent milkfat.'' and inserting ``rate per hundredweight for milk containing 3.67 percent milkfat of not less than-- ``(1) during calendar year 1995, $10.10 per hundredweight; ``(2) during calendar year 1996, $9.60 per hundredweight; ``(3) during calendar year 1997, $9.10 per hundredweight; ``(4) during calendar year 1998, $8.60 per hundredweight; and ``(5) during calendar year 1999, $8.10 per hundredweight.''. (b) Conforming Amendments Regarding Price Support.-- (1) References to support rate.--Section 204 of the Agricultural Act of 1949 (7 U.S.C. 1446e) is further amended-- (A) in subsection (c)(2), by striking ``a 12-month period'' and inserting ``a calendar year''; (B) in subsection (c)(3)(B)(ii), by inserting before the period the following: ``(as adjusted by the Secretary to reflect the rate of price support in effect for a calendar year)''; (C) by striking subsection (d), except paragraph (5) of such subsection; (D) by redesignating such paragraph (5) as subsection (d) and subparagraphs (A) and (B) as paragraphs (1) and (2) of such subsection; and (E) by adjusting the margins of subsection (d) (as so designated) to conform to the margins of subsection (c). (2) Period of price support program.--Such section is further amended-- (A) in the section heading, by striking ``1996'' and inserting ``1999''; (B) in subsections (a), (b) (the first place it appears), (g), and (k), by striking ``1996'' and inserting ``1999''; (C) in subsection (c)(3)(B), by striking ``the date of enactment of the Omnibus Budget Reconciliation Act of 1993'' and inserting ``August 10, 1993''; and (D) in subsection (f), by striking ``1995'' and inserting ``1998''. (3) Termination of parity price program.--Effective December 31, 1999, section 201 of such Act (7 U.S.C. 1446) is amended by striking subsection (c). (4) Prohibition on price support activities.--After December 31, 1999, the Secretary of Agriculture may not support the price of milk through the purchase of milk or the products of milk. (c) Termination of Milk Marketing Orders.-- (1) Termination of orders.--Section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by striking paragraphs (5) and (18) relating to milk and its products. (2) Prohibition on subsequent orders regarding milk.-- Paragraph (2) of such section is amended-- (A) by striking ``Milk, fruits'' and inserting ``Fruits''; and (B) by inserting ``milk,'' after ``honey,'' in subparagraph (B). (3) Conforming amendments.--(A) Section 2(3) of such Act (7 U.S.C. 602(3) is amended by striking ``, other than milk and its products,''. (B) Section 8c of such Act (7 U.S.C. 608c) is amended-- (i) in paragraph (6), by striking ``, other than milk and its products,''; (ii) in paragraph (7)(B), by striking ``(except for milk and cream to be sold for consumption in fluid form)''; (iii) in paragraph (11)(B), by striking ``Except in the case of milk and its products, orders'' and inserting ``Orders''; (iv) in paragraph (13)(A), by striking ``, except to a retailer in his capacity as a retailer of milk and its products''; and (v) in paragraph (17), by striking the second proviso, which relates to milk orders. (C) Section 8d(2) of such Act (7 U.S.C. 608d(2)) is amended by striking the second sentence, which relates to information from milk handlers. (D) Section 10(b) of such Act (7 U.S.C. 610(b)) is amended-- (i) by striking clause (i); (ii) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and (iii) in clause (i) (as so redesignated), by striking ``other commodity'' in the first sentence and inserting ``commodity''. (E) Section 11 of such Act (7 U.S.C. 611) is amended by striking ``and milk, and its products,''. (F) Section 715 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1994 (Public Law 103-111; 107 Stat. 1079; 7 U.S.C. 608d note), is amended by striking the third proviso, which relates to information from milk handlers. (4) Effective date.--The amendments made by this subsection shall take effect on December 31, 1995. (d) Adjustment of Reconciliation Assessment To Reflect Amendments.--Subsection (h) of section 204 of the Agricultural Act of 1949 (7 U.S.C. 1446e) is amended-- (1) in paragraph (1), by striking ``Beginning January 1, 1991'' and inserting ``During calendar years 1991 through 1999''; (2) in paragraph (2)(C), by striking ``1997'' and inserting ``1999''; and (3) by adding at the end the following new paragraph: ``(4) Price reduction adjustment.--During each of the calendar years 1996 through 1999, the Secretary shall reduce the amount of the price reduction specified in paragraph (2)(C) to reflect the reduced expenditures by the United States resulting from the termination of milk marketing orders issued under section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, and the rate of price support for milk in effect for that calendar year.''. (e) Liability of Producers.--The amendments made by this section shall not affect the liability of any person under any provision of law as in effect before the effective date of the amendments.

Amends the Agricultural Act of 1949 to extend (and reduce on a sliding scale) milk price supports through 1999. Terminates the milk price support program after December 31, 1999. Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to terminate milk marketing orders.

To terminate marketing orders regulating the price of milk at the end of 1995 and to provide for the gradual reduction and eventual elimination of the price support program for milk.

SECTION 1. ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN CASES OF CERTAIN DISASTERS. The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by adding at the end the following: ``TITLE VIII--ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN CASES OF CERTAIN DISASTERS ``SEC. 801. ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN CASES OF CERTAIN DISASTERS. ``(a) Assistance.-- ``(1) Authority.--The Director of the Federal Emergency Management Agency may provide the assistance described in paragraph (2) in any case in which the Director determines with respect to any local educational agency (including for the purpose of this section any other public agency which operates schools providing technical, vocational, or other special education to children of elementary school or secondary school age) that-- ``(A) the agency serves in whole or in part an area with respect to which a major disaster has been declared by the President under section 401; ``(B) the Governor of the State in which the agency is located has certified the need for disaster assistance under this section, and has given assurance of expenditure of a reasonable amount of the funds of the government of the State, or of any political subdivision thereof, for the same or similar purposes with respect to the disaster; ``(C) the agency is utilizing or will utilize all State and other financial assistance available to the agency for the purpose of meeting the cost of providing free public education for the children attending the schools of the agency, but as a result of the disaster the agency is unable to obtain sufficient funds for such purpose and requires an amount of additional assistance equal to at least $10,000 or 5 percent of the agency's current expenditures during the fiscal year preceding the fiscal year in which the disaster occurred, whichever is less; and ``(D) in the case of any such disaster to the extent that the operation of private elementary schools and secondary schools in the school attendance area of such local educational agency has been disrupted or impaired by the disaster, the local educational agency has made provisions for the conduct of educational programs under public auspices and administration in which children enrolled in the private elementary schools and secondary schools may attend and participate, except that nothing contained in this section shall be construed to authorize the making of any payment under this section for religious worship or instruction. ``(2) Assistance.--The assistance referred to in paragraph (1) is the assistance the Director determines necessary to pay the costs of emergency operating expenses incurred by the local educational agency in educating students in public and private elementary schools and secondary schools who have been displaced by the disaster, including-- ``(A) providing transportation costs for busing students to alternative sites; ``(B) replacing instructional and maintenance supplies, equipment, and materials (including textbooks) destroyed or seriously damaged as a result of the disaster, making minor repairs, and leasing or otherwise providing (other than by acquisition of land or erection of facilities) school and cafeteria facilities needed to replace temporarily the facilities which have been made unavailable as a result of the disaster; and ``(C) providing educational services to children who, as a result of damage to schools that the children attended prior to the disaster, were required to attend other schools. ``(3) Duration.--The Director may provide a local educational agency with assistance under this section for the period beginning on the date the disaster is declared by the President under section 401 with respect to an area served by the local educational agency and ending 18 months after the date. ``(4) Payments to other local educational agencies.--A local educational agency may use funds received under this section to make a payment to another local educational agency for the costs of emergency operating expenses incurred by such other local educational agency in educating students who are displaced by the disaster. ``(b) Authorization of Appropriations.--There is authorized to be appropriated for each fiscal year such amounts as may be necessary to carry out the provisions of this section. Pending such appropriation, the Director is authorized to expend (without regard for subchapter II of chapter 15 of title 31, United States Code) from any funds appropriated to the Federal Emergency Management Agency and at that time available to the Director, such sums as may be necessary for providing immediate assistance under this section. Expenditures pursuant to the preceding sentence-- ``(1) shall be reported by the Director to the Committees on Appropriations and Education and the Workplace of the House of Representatives and the Committees on Appropriations and Labor and Human Resources of the Senate within 30 days of the expenditure; and ``(2) shall be reimbursed from the appropriations authorized by the first sentence of this subsection. ``(c) Report.--The report required under subsection (b)(1) shall constitute a budget estimate within the meaning of section 1109 of title 31, United States Code. ``(d) Application.--No payment may be made to any local educational agency under this section except upon application therefor which is submitted through the appropriate State educational agency and is filed with the Director in accordance with the regulations prescribed by the Director. In determining the order in which such applications shall be approved, the Director shall consider the relative educational and financial needs of the local educational agencies which have submitted approvable applications. The Director shall complete action of approval or disapproval of an application within 90 days of the filing of an application. ``(e) Payments.--Amounts paid by the Director to local educational agencies under this section may be paid in advance or by way of reimbursement and in such installments as the Director may determine. Any funds paid to a local educational agency and not expended or otherwise used for the purposes for which paid shall be repaid to the Treasury of the United States. ``(f) Special Rule.--Funds available to carry out this section for any fiscal year shall also be available to carry out section 403 with respect to assistance for public and private elementary schools and secondary schools. ``(g) Bureau Funded Schools.--The Director may provide assistance to the Bureau of Indian Affairs for Bureau funded schools that are located in an area with respect to which a major disaster has been declared by the President under section 401 in a manner similar to the manner in which local educational agencies receive assistance under this section. ``(h) Definitions.--In this section: ``(1) Bureau funded school.--The term `Bureau funded school' has the meaning given the term in section 1146 of the Education Amendments of 1978 (25 U.S.C. 2026). ``(2) Current expenditures.--The term `current expenditures' has the meaning given the term in section 8013 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713). ``(3) Director.--The term `Director' means Director of the Federal Emergency Management Agency. ``(4) Elementary school; secondary school; local educational agency; state educational agency.--The terms `elementary school', `secondary school', `local educational agency', and `State educational agency' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).''.

Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the Director of the Federal Emergency Management Agency (FEMA) to provide assistance for emergency operating expenses incurred by a local educational agency (LEA) in educating students in elementary and secondary schools who have been displaced by a disaster when: (1) the LEA serves an area in which a major disaster has been declared by the President; (2) the State's Governor has certified the need for such assistance; (3) the LEA is or will utilize all State and other financial assistance available for such purpose; and (4) the LEA has made provisions for the conduct of educational programs in which children enrolled in private elementary and secondary schools may attend and participate, except that no payments shall be made for religious worship or instruction. Authorizes such assistance for a period beginning on the date that the disaster is declared by the President and ending 18 months thereafter. Authorizes appropriations. Authorizes the FEMA Director, pending such appropriations, to expend funds from amounts currently available to FEMA or the Director in order to provide immediate assistance. Requires a report to the Congress on any such immediate assistance.

A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide assistance to local educational agencies in cases of certain disasters, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bring Our Troops Home Responsibly Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Prior to the initiation of the war in Iraq, the President cited concerns about weapons of mass destruction programs as one justification for the use of military force in Iraq. On October 6, 2004, the head of the Iraq Survey Group (ISG), Charles Duelfer, announced to the Committee on Armed Services of the Senate that the group found no evidence that Iraq under Saddam Hussein had produced and stockpiled any weapons of mass destruction since 1991. (2) Prior to the initiation of the war in Iraq, the President cited Saddam Hussein's role as a brutal dictator who tortured and killed thousands of Iraqi civilians during his 20- year rule as a justification for the use of military force in Iraq. Saddam Hussein was captured by United States forces on December 13, 2003, convicted of charges related to the execution of 148 Iraqi civilians on November 5, 2006, and executed on December 30, 2006. (3) Prior to the initiation of the war in Iraq, the President cited possible links between the Al-Qaeda terrorist network and Saddam Hussein's government as a justification for the use of military force in Iraq. Reports by the Central Intelligence Agency, the Defense Intelligence Agency, and the Office of the Inspector General of the Department of Defense have all concluded that there was little evidence of any such links. While there is currently violence in Iraq directed towards American troops, a September 2007 Congressional Research Service report found that attacks by the group Al- Qaeda in Iraq make up only a small percentage of the total number of attacks on United States troops in Iraq. (4) Prior to the initiation of the war in Iraq, the President cited the importance of spreading democracy in the Middle East as a justification for the use of military force in Iraq. On October 15, 2005, the Iraqi people voted to ratify a new constitution, on January 30, 2005, the Iraqi people elected 275 members of a newly created Iraqi National Assembly, and on May 20, 2006, Nouri al-Maliki was approved as Prime Minister of Iraq by the National Assembly and sworn in. (5) The President has failed to secure international support for the continuing efforts in Iraq. While the President has executed a plan known as the ``troop surge'', every other nation participating in the occupation of Iraq is reducing troop levels. The United Kingdom has reduced its troop levels from 45,000 to approximately 4,500. Twenty nations that had once been members of the international coalition contributing troops have completely withdrawn those troops from Iraq. (6) The United States has accomplished all of the military goals announced by the President at the outset of the war in Iraq. The brave men and women of the Armed Forces have performed admirably, showing both dedication to their mission and professionalism in carrying that mission out. (7) The Bush Administration has, at various times, confirmed that the military goals of the war in Iraq were complete. On May 1, 2003, the President stood in front of a banner reading ``Mission Accomplished'' and declared an end to major military operations in Iraq. On May 30, 2005, the Vice President stated in a television interview that the insurgency was in its ``last throes''. (8) It is clear that the American people are looking for a change in strategy in Iraq--one that will allow the Nation to safely and responsibly bring members of the Armed Forces home as quickly as possible. However, the strategy outlined by the President in his September 13, 2007, address makes it clear that the President has no plan for substantially reducing the number of troops in Iraq while he is in office. It is unconscionable for President Bush to leave this situation for the next President to fix. SEC. 3. REPEAL OF PUBLIC LAW 107-243. The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243) is hereby repealed. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States-- (1) that, based upon the findings of section 1, the United States has accomplished those military goals that were established at the outset of the use of military force in Iraq, and that it no longer benefits the national security of the United States for members of the United States Armed Forces to remain in Iraq; (2) that the United States should begin withdrawing its Armed Forces from Iraq in a safe, responsible, and orderly manner, and that such withdrawal should begin no later than 30 days after the date of the enactment of this Act, and should be accomplished by 12:00 p.m. on January 20, 2009; (3) that the congressionally mandated report produced by the Iraq Study Group contains a set of recommendations which, if followed, would assist the United States in accomplishing a troop withdrawal in the most responsible manner possible and prepare the Iraqis to return to full self-government; (4) that it is the moral duty of the United States to continue assisting the Government of Iraq in rebuilding and reconstruction efforts, as well as efforts to find a lasting political solution to the ongoing sectarian conflict that has occurred since the United States military invasion of Iraq, and that doing so will require that the United States engage in vigorous diplomatic efforts and the engagement of other regional and global actors; and (5) that the United States is further morally obligated to provide humanitarian assistance for the millions of Iraqi refugees that have been displaced since the beginning of the war in Iraq, especially those Iraqi civilians who have become targets for violence because they have worked with or assisted the United States military or the Iraqi Government. SEC. 5. WITHDRAWAL OF UNITED STATES ARMED FORCES FROM IRAQ. (a) Not more than 30 days after the date of the enactment of the Act, the Secretary of Defense shall begin the withdrawal of members of the Armed Forces from Iraq, and shall complete this withdrawal by 12:00 p.m. January 20, 2009, except as otherwise provided in this Act. (b) No funds appropriated or otherwise made available to the Department of Defense shall be expended to increase the number of members of the Armed Forces in Iraq beyond the number of such members in Iraq on the date of the enactment of this Act. (c) No funds appropriated or otherwise made available to the Department of Defense shall be expended for the construction of permanent United States military installations in Iraq. (d) Notwithstanding any other provision of this Act, the Department of Defense may retain such members of the Armed Forces in Iraq as required for the following purposes: (1) Protection of the United States Embassy, including Embassy personnel. (2) Limited counter-terrorism activities directed at the Al-Qaeda terrorist network, provided that the members of the Armed Forces carrying out such activities are not permanently deployed in Iraq. (3) Nonoffensive military operations designed solely to address humanitarian concerns in Iraq, including assistance to refugees. (4) Assisting the Iraqi military in ensuring that Iraq's borders are secure. SEC. 6. REPORTING REQUIREMENT. Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report outlining a strategy to remove the United States Armed Forces from Iraq by 12:00 p.m. on January 20, 2009.

Bring Our Troops Home Responsibly Act of 2007 - Repeals the Authorization for Use of Military Force Against Iraq Resolution of 2002 (P.L. 107-243). States U.S. policy with respect to Iraq, including that the United States should: (1) begin withdrawing its Armed Forces from there; (2) continue assisting the Iraqi government with rebuilding and reconstruction efforts; and (3) provide humanitarian assistance to displaced Iraqi refugees. Directs the Secretary of Defense to begin the withdrawal of U.S. Armed Forces from Iraq within 30 days after the enactment of this Act, and to complete such withdrawal by January 20, 2009. Prohibits funds appropriated to the Department of Defense (DOD) from being expended: (1) to increase the number of U.S. forces in Iraq; or (2) for the construction of permanent U.S. military installations in Iraq. Allows DOD to retain members of the Armed Forces in Iraq for: (1) protection of the United States Embassy; (2) limited counterterrorism activities directed at the al-Qaeda terrorist network; (3) nonoffensive military actions to address humanitarian concerns; and (4) assisting the Iraqi military in securing Iraq's borders. Requires the Secretary of Defense to submit to Congress a strategy for removing U.S. Armed Forces from Iraq by the required deadline.

To repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243) and to require the withdrawal of the United States Armed Forces in Iraq.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving America's Pollinators Act of 2013''. SEC. 2. FINDINGS. (1) Pollination services are a vital part of agricultural production, valued at over $125,000,000,000 globally and worth $20,000,000,000 to $30,000,000,000 in agricultural production annually in the United States. (2) One-third of food produced in North America depends on pollination by honey bees, including nearly 95 varieties of fruits such as almonds, avocados, cranberries, and apples. (3) Over the past several years, documented incidents of colony collapse disorder have been at a record high, with some beekeepers repeatedly losing 100 percent of their operations. (4) During the winter beginning in 2012 and ending in 2013, United States beekeepers, on average, lost 45.1 percent of the colonies they operate. (5) According to scientists of the Department of Agriculture, current estimates of the survivorship of honey bee colonies show they are too low to be able to meet the pollination demands of United States agricultural crops. (6) Scientists have linked the use of systemic neonicotinoid insecticides to the rapid decline of pollinators and to the deterioration of pollinator health. (7) Neonicotinoids cause sublethal effects including impaired foraging and feeding behavior, disorientation, weakened immunity, delayed larval development, and increased susceptibility to viruses, diseases, and parasites and numerous studies have also demonstrated acute, lethal effects from the application of neonicotinoid insecticides. (8) Recent science has demonstrated that a single corn kernel coated with a neonicotinoid is toxic enough to kill a songbird. (9) In June 2013, over 50,000 bumblebees were killed as a direct result of exposure to a neonicotinoid applied to Linden trees for cosmetic purposes. (10) In January 2013, the European Food Safety Authority determined that the most widely used neonicotinoids pose unacceptable hazards to bees, prompting the European Union to suspend their use on agricultural crops. SEC. 3. URGENT REGULATORY RESPONSE FOR HONEY BEE AND POLLINATOR PROTECTION. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall suspend the registration of imidacloprid, clothianidin, thiamethoxam, dinotafuran, and any other members of the nitro group of neonicotinoid insecticides to the extent such insecticide is registered, conditionally or otherwise, under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) for use in seed treatment, soil application, or foliar treatment on bee attractive plants, trees, and cereals until the Administrator has made a determination that such insecticide will not cause unreasonable adverse effects on pollinators based on-- (1) an evaluation of the published and peer-reviewed scientific evidence on whether the use or uses of such neonicotinoids cause unreasonable adverse effects on pollinators, including native bees, honey bees, birds, bats, and other species of beneficial insects; and (2) a completed field study that meets the criteria required by the Administrator and evaluates residues, including residue build-up after repeated annual application, chronic low-dose exposure, cumulative effects of multiple chemical exposures, and any other protocol determined to be necessary by the Administrator to protect managed and native pollinators. (b) Conditions on Certain Pesticides Registrations.-- Notwithstanding section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a), for purposes of the protection of honey bees, other pollinators, and beneficial insects, the Administrator of the Environmental Protection Agency shall not issue any new registrations, conditional or otherwise, for any seed treatment, soil application, and foliar treatment on bee attractive plants, trees, and cereals under such Act until the Administrator has made the determination described in subsection (a), based on an evaluation described in subsection (a)(1) and a completed field study described in subsection (a)(2), with respect to such insecticide. (c) Monitoring of Native Bees.--The Secretary of the Interior, in coordination with the Administrator of the Environmental Protection Agency, shall, for purposes of protecting and ensuring the long-term viability of native bees and other pollinators of agricultural crops, horticultural plants, wild plants, and other plants-- (1) regularly monitor the health and population status of native bees, including the status of native bees in agricultural and non-agricultural habitats and areas of ornamental plants, residential areas, and landscaped areas; (2) identify the scope and likely causes of unusual native bee mortality; and (3) beginning not later than 180 days after the date of the enactment of this Act and each year thereafter, submit to Congress, and make available to the public, a report on such health and population status.

Saving America's Pollinators Act of 2013 - Requires the Administrator of the Environmental Protection Agency (EPA) to suspend the registration of imidacloprid, clothianidin, thiamethoxam, dinotafuran, and any other members of the nitro group of neonicotinoid insecticides to the extent such insecticide is registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use in seed treatment, soil application, or foliar treatment on bee attractive plants, trees, and cereals until the Administrator has made a determination that such insecticide will not cause unreasonable adverse effects on pollinators. Requires such a determination to be based on: (1) an evaluation of the published and peer-reviewed scientific evidence on whether the use or uses of such neonicotinoids cause unreasonable adverse effects on pollinators, including native bees, honeybees, birds, bats, and other species of beneficial insects; and (2) a completed field study that meets the criteria required by the Administrator and evaluates residues, including residue build-up after repeated annual application, chronic low-dose exposure, and cumulative effects of multiple chemical exposures. Prohibits the Administrator from issuing any new registrations of the pesticides listed in this Act for any seed treatment, soil application, and foliar treatment on bee attractive plants, trees, and cereals under FIFRA until the Administrator has made such determination with respect to such insecticide. Requires the Secretary of the Interior, in coordination with the Administrator, to: (1) regularly monitor the health and population status of native bees, (2) identify the scope and likely causes of unusual native bee mortality, and (3) submit to Congress and make public an annual report on such health and population status.

Saving America's Pollinators Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Older and Disabled Americans Protection Act of 1997''. SEC. 2. BACKGROUND CHECKS. (a) In General.--A shared housing referral service, as determined for the purpose of this section by the Attorney General, may request the Attorney General to conduct a search and exchange of records under subsection (b) regarding any applicant for participation in a shared housing arrangement as a service provider resident by-- (1) submitting, to the Attorney General-- (A) fingerprints (or another form of positive identification approved by the Attorney General) regarding such applicant; and (B) a written statement authorizing the shared housing referral service to request the search and exchange of records regarding the applicant, which is signed by the applicant; and (2) making the submission of the information under paragraph (1) not more than 1 day (not including Saturdays, Sundays, and legal public holidays under section 6103 of title 5, United States Code) after completing acquiring the information. (b) Search and Exchange of Records.--Pursuant to any submission that complies with subsection (a), the Attorney General shall search the records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation for any criminal history records corresponding to the fingerprints or other positive identification submitted. The Attorney General shall provide any corresponding information identified by the search to the appropriate State or local governmental agency authorized to receive such information. (c) Use of Information.--Information regarding any applicant for participation in a shared housing arrangement obtained pursuant to subsection (b) may be used only by the shared housing referral service requesting the information and only for determining the suitability of the applicant for participation in a shared housing arrangement as a service provider resident. (d) Fees.--The Attorney General may charge a reasonable fee, which may not exceed $50, to any shared housing referral service requesting a search and exchange of records pursuant to subsection (b) to cover the costs of conducting the search and providing the records. (e) Report.--The Attorney General shall submit a report to the House of Representatives and the Senate not later than 2 years after the date of enactment of this Act regarding the number of requests for searches and exchanges of records made under this section by shared housing referral services and the disposition of such requests. SEC. 3. CRIMINAL PENALTY. Whoever knowingly uses any information obtained pursuant to section 2(b) in violation of section 2(c) shall be fined under title 18, United States Code, or imprisoned for not more than 2 years, or both. SEC. 4. ORGANIZATIONAL LIABILITY. A shared housing referral agency that, in making a determination regarding any referral for participation in a shared housing arrangement, reasonably relies upon information provided to the agency by the Attorney General pursuant to section 2 shall not be liable, in any action for damages based on the referral determination, for any damages resulting from incompleteness or inaccuracy or the information. SEC. 5. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Shared housing arrangement.--The term ``shared housing arrangement'' means a primary residential arrangement that consists of at least 2 persons-- (A) who reside in the same dwelling unit and share the use of all or part of the facilities of the dwelling unit; (B) who have no familial relationship; (C) one of whom is an elderly person or a person with disabilities, who owns or is the lessee of the dwelling unit; and (D) another of whom who provides care or other services for the benefit of the person described in subparagraph (C) in exchange for free occupancy in the dwelling unit, a reduction in the cost otherwise charged for occupancy of the dwelling unit, or other remuneration. (2) Shared housing referral service.--The term ``shared housing referral service'' means any nonprofit or for-profit organization, person, or other entity that, for consideration, performs services which involve the referral of individuals or families for participation in shared housing arrangements as service provider residents. (3) Service provider resident.--The term ``service provider resident'' means, with respect to a shared housing arrangement, the individual participating in the arrangement who is described in paragraph (1)(D). (4) Elderly person; person with disabilities.--The terms ``elderly person'' and ``person with disabilities'' have the meanings given such terms in section 3(b) of the United States Housing Act of 1937. SEC. 6. REGULATIONS. The Attorney General may prescribe any regulations necessary to carry out this Act, including regulations regarding the security, confidentiality, accuracy, use, and dissemination of information and audits and recordkeeping and the imposition of fees necessary for the recovery of costs.

Older and Disabled Americans Protection Act of 1997 - Authorizes: (1) a shared housing (a residential arrangement involving a caretaker and at least one elderly or disabled person) referral agency to request the Attorney General to conduct and share criminal background checks respecting shared housing caretaker applicants; and (2) the Attorney General to charge a fee for such service. Provides a criminal penalty for the knowing use of such information for other than housing determinations. States that an agency that reasonably relies upon such information shall not be liable for damages based on such information's inaccuracy.

Older and Disabled Americans Protection Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Verifying the Outcome of Tomorrow's Elections Act of 2005''. SEC. 2. PREVENTING VOTING BY INELIGIBLE INDIVIDUALS. (a) Requiring Voters to Provide Photo Identification.-- (1) In general.--Section 303(b) of such Act (42 U.S.C. 15483(b)) is amended-- (A) in the heading, by striking ``for Voters Who Register by Mail'' and inserting ``for Providing Photo Identification''; and (B) by striking paragraphs (1) through (3) and inserting the following: ``(1) Individuals voting in person.--Notwithstanding any other provision of law, the appropriate State or local election official may not provide a ballot for an election for Federal office (including a provisional ballot under section 302(a)) to an individual who desires to vote in person unless the individual presents to the official a current, valid, State- issued photo identification (as determined in accordance with subsection (d)). ``(2) Individuals voting by mail.--Notwithstanding any other provision of law, the appropriate State or local election official may not accept any ballot for an election for Federal office provided by an individual who votes by mail unless the individual submits with the ballot a copy of a current, valid, State-issued photo identification (as determined in accordance with subsection (d)).''. (2) Conforming amendments.--Section 303 of such Act (42 U.S.C. 15483) is amended-- (A) in the heading, by striking ``for voters who register by mail'' and inserting ``for providing photo identification''; and (B) in subsection (c), by striking ``subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II)'' and inserting ``subsection (a)(5)(A)(i)(II)''. (3) Clerical amendment.--The table of contents of such Act is amended by amending the item relating to section 303 to read as follows: ``Sec. 303. Computerized statewide voter registration list requirements and requirements for providing photo identification.''. (b) Standards for Determining Validity of Photo Identifications.-- Section 303 of such Act (42 U.S.C. 15483) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d) Standards for Determining Validity of Photo Identification.-- ``(1) Minimum standards.-- ``(A) In general.--For purposes of subsections (b)(1) and (b)(2), a State-issued photo identification is valid if the State meets the requirements of this subsection. ``(B) State certifications.--The Secretary of Homeland Security shall determine whether a State is meeting the requirements of this section based on certifications made by the State to the Secretary of Transportation. Such certifications shall be made at such times and in such manner as the Secretary of Transportation, in consultation with the Secretary of Homeland Security, may prescribe by regulation. ``(2) Minimum document requirements.--To meet the requirements of this subsection, a State shall include, at a minimum, the following information and features on each photo identification issued to a person by the State for purposes of subsection (b): ``(A) The person's full legal name. ``(B) The person's date of birth. ``(C) The person's gender. ``(D) The person's number for the form of the identification. ``(E) A digital photograph of the person. ``(F) The person's address of principle residence. ``(G) The person's signature. ``(H) Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes. ``(I) A common machine-readable technology, with defined minimum data elements. ``(3) Minimum issuance standards.-- ``(A) In general.--To meet the requirements of this subsection, a State shall require, at a minimum, presentation and verification of the following information before issuing a photo identification to a person for purposes of subsection (b): ``(i) A photo identity document, except that a non-photo identity document is acceptable if it includes both the person's full legal name and date of birth. ``(ii) Documentation showing the person's date of birth. ``(iii) Proof of the person's social security account number or verification that the person is not eligible for a social security account number. ``(iv) Documentation showing the person's name and address of principal residence. ``(B) Verification of documents.--To meet the requirements of this section, a State shall implement the following procedures: ``(i) Before issuing a photo identification to a person, the State shall verify, with the issuing agency, the issuance, validity, and completeness of each document required to be presented by the person under subparagraph (A). ``(ii) The State shall not accept any foreign document, other than an official passport, to satisfy a requirement of subparagraph (A). ``(4) Other requirements.--To meet the requirements of this section, a State shall adopt the following practices in the issuance of photo identifications issued for purposes of subsection (b): ``(A) Employ technology to capture digital images of identity source documents so that the images can be retained in electronic storage in a transferable format. ``(B) Retain paper copies of source documents for a minimum of 7 years or images of source documents presented for a minimum of 10 years. ``(C) Subject each person applying for a photo identification to mandatory facial image capture. ``(D) Establish an effective procedure to confirm or verify a renewing applicant's information. ``(E) Confirm with the Social Security Administration a social security account number presented by a person using the full social security account number, and in the event that a social security account number is already registered to or associated with another person to which any State has issued a photo identification, the State shall resolve the discrepancy and take appropriate action. ``(F) Refuse to issue a photo identification to a person holding a driver's license issued by another State without confirmation that the person is terminating or has terminated the driver's license. ``(G) Ensure the physical security of locations where photo identifications are produced and the security of document materials and papers from which identifications are produced. ``(H) Subject all persons authorized to manufacture or produce photo identification to appropriate security clearance requirements. ``(I) Establish fraudulent document recognition training programs for appropriate employees engaged in the issuance of photo identifications. ``(J) Limit the period of validity of all photo identifications that are not temporary to a period that does not exceed 8 years.''. (c) Effective Date.--Section 303(e) of such Act (42 U.S.C. 15483(3)), as redesignated by subsection (b), is amended to read as follows: ``(e) Requirement to Provide Photo Identification.--Subsection (b) shall apply with respect to elections for Federal office held in 2008 and each succeeding year.''. SEC. 3. ENSURING INTEGRITY OF VOTE COUNTS. Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)) is amended by adding at the end the following new paragraph: ``(7) Other steps to ensure integrity in tabulation of votes.-- ``(A) Testing of equipment.--Each State shall conduct regular tests of the equipment used to tabulate votes in voting systems to ensure that the system meets the error rate standards described in paragraph (5) and that the equipment works correctly. ``(B) Criminal history background checks for election officials.-- ``(i) Requirement.--A State may not permit any individual to tabulate votes cast on a voting system, or to certify the tabulation of votes cast on a system, unless the individual has satisfactorily undergone a criminal history background check conducted using the national criminal history background check system and State criminal history repositories of all States in which the individual has resided. ``(ii) Definition.--In clause (i), the term `national criminal history background check system' has the meaning given the term in section 5 of the National Child Protection Act of 1993 (42 U.S.C. 5119c). ``(C) Permitting parties to observe tabulation.--A State shall permit a representative of each political party with a candidate on the ballot used at a precinct during an election to observe the tabulation of the votes cast on the voting system and the certification of the tabulation of votes cast on the system.''. SEC. 4. PROHIBITING PER APPLICATION PAYMENTS FOR DISTRIBUTION OR COLLECTION OF VOTER REGISTRATION APPLICATIONS. Section 905 of the Help America Vote Act of 2002 (42 U.S.C. 15544) is amended by adding at the end the following new subsection: ``(c) Payment on Commission Basis for Distribution or Collection of Voter Registration Application Forms.-- ``(1) In general.--It is unlawful for any person to pay any other person for distributing applications for voter registration in elections for Federal office, or for collecting completed or partially completed applications for voter registration in elections for Federal office, if the amount of the payment is determined on the basis of the number of applications distributed or collected. ``(2) Penalty.--Any person who violates paragraph (1) shall be fined in accordance with title 18, United States Code, imprisoned for not more than 2 years, or both.''. SEC. 5. ADDITIONAL REQUIREMENTS FOR VOTING SYSTEMS. (a) Production of Permanent, Individually Verifiable Paper Record of Each Vote Cast.--Section 301(a)(2)(B) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)(2)(B)) is amended-- (1) by redesignating clause (iii) as clause (iv); and (2) by striking clauses (i) and (ii) and inserting the following: ``(i) After the voter enters a vote on the voting system, the system shall provide the voter with an auditable paper record showing how the vote will be recorded by the system, and the voter shall use such record to verify that the vote shown is the vote the voter intends to cast. ``(ii) If the voter does not verify that the vote shown on a record provided under clause (i) is the vote the voter intends to cast, the system shall provide the voter with the opportunity to change the ballot and correct any error in the vote, and shall provide the voter with a new auditable paper record under such clause that reflects the change or correction made by the voter. ``(iii) Once a voter verifies that the vote shown on a paper record provided under clause (i) is the vote the voter intends to cast (whether verified as originally entered or as changed and corrected as described in clause (ii)), the vote shall be final and the record shall serve as a permanent paper record of the vote.''. (b) Prohibiting Removal of Paper Record From Polling Place; Clarifying Purposes for Which Record May Be Used.--Clause (iv) of section 301(a)(2)(B) of such Act (42 U.S.C. 15481(a)(2)(B)), as redesignated by subsection (a)(1), is amended by striking the period at the end and inserting the following: ``, and for such other official purposes as may be provided under State law, and may be removed from the polling place by and otherwise made available to an appropriate election official for such purposes, but the record (including any duplicate of the record or any photographic image of the record) may not be removed from the polling place by any other person or for any other purpose.''. (c) Requiring Voluntary Voting System Guidelines to Include Guidelines to Ensure Security of Electronic Data.--Section 221(b)(1) of such Act (42 U.S.C. 15361(b)(1)) is amended by striking the period at the end and inserting the following: ``, including guidelines to ensure the security of any data which is transmitted or received electronically by voting systems''. (d) Effective Date.--The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2006 and each succeeding election for Federal office.

Verifying the Outcome of Tomorrow's Elections Act of 2005 - Amends the Help Vote Act of 2002 to prohibit the appropriate state or local election official from providing a ballot for an election for federal office to an individual who desires to vote in person, unless the individual presents to the official a current, valid, state-issued photo identification. Imposes similar requirements with respect to individuals voting by mail. Requires each state to conduct regular tests of the equipment used to tabulate votes in voting systems to ensure that a system meets specified error rate standards, and that the equipment works correctly. Prohibits a state from permitting any individual to tabulate votes cast on a voting system, or to certify the tabulation of votes, unless that individual has satisfactorily undergone a criminal history background check using the national criminal history background check system and the state criminal history repositories of all states in which the individual has resided. Requires a state to permit a representative of each political party with a candidate on the ballot used at a precinct during an election to observe the tabulation of the votes cast on the voting system, and the certification of such tabulation. Makes it unlawful for any person to pay any other person for distributing voter registration applications in federal elections, or for collecting completed or partially completed applications, if the amount of the payment is determined on the basis of the number of applications distributed or collected. Requires production of a permanent, individually verifiable paper record of each vote cast. Requires voluntary voting system guidelines to ensure the security of any data transmitted or received electronically by voting systems.

To amend the Help America Vote Act of 2002 to require individuals to present a government-issued photo identification as a condition of voting in elections for Federal office, to prohibit any individual from tabulating votes in an election for Federal office unless the individual has been subject to a criminal background check, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Collaborative Academic Research Efforts for Tourette Syndrome Act of 2015''. SEC. 2. PROGRAMS OF THE NATIONAL INSTITUTES OF HEALTH RELATING TO TOURETTE SYNDROME. Part B of title IV of the Public Health Service Act is amended by inserting after section 409J (42 U.S.C. 284q) the following: ``SEC. 409K. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES WITH RESPECT TO TOURETTE SYNDROME. ``(a) In General.--The Secretary, acting through the Director of NIH, shall expand, intensify, and coordinate the programs and activities of the National Institutes of Health with respect to scientific and clinical research on Tourette syndrome. ``(b) Data Collection.-- ``(1) System.--In carrying out subsection (a), the Secretary shall develop a system to collect data on Tourette syndrome, including epidemiologic information with respect to the incidence, prevalence, and impact of Tourette syndrome in the United States. ``(2) Broad and narrow definitions.--The data collection system under paragraph (1) shall provide for the collection of primary data on Tourette syndrome, including related data on the various conditions known to be comorbid with Tourette syndrome. ``(3) Collection by population and geographical region.-- The data collection system under paragraph (1) shall provide for the collection of data on the availability of medical and social services for individuals with Tourette syndrome and their families and the disaggregation of such data by population and geographical region. ``(c) Collaborative Research Centers for Tourette Syndrome.-- ``(1) In general.--In carrying out subsection (a), the Secretary shall award grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for Collaborative Research Centers for Tourette Syndrome. ``(2) Research.--Each center under paragraph (1) shall conduct basic and clinical research into Tourette syndrome. Such research should include investigations into the cause, diagnosis, early detection, prevention, control, and treatment of Tourette syndrome. The research conducted by such centers, as a group, shall include research in the fields of developmental neurobiology, neuroscience, genetics, psychology, and pharmacology. ``(3) Services for patients.-- ``(A) In general.--A center under paragraph (1) may expend amounts provided under such paragraph to carry out a program to make individuals aware of opportunities to participate as subjects in research conducted by the centers. ``(B) Referral and costs.--A program under subparagraph (A) may, in accordance with such criteria as the Secretary may establish, provide to the subjects described in such subparagraph, referrals for health and other services, and such patient care costs as are required for research. ``(C) Availability and access.--The extent to which a center can demonstrate availability and access to clinical services shall be considered by the Secretary in decisions about awarding grants and contracts to applicants which meet the scientific criteria for funding under this subsection. ``(4) Organization of collaborative research centers for tourette syndrome.-- ``(A) In general.--A center under paragraph (1) may-- ``(i) use the facilities of a single institution; or ``(ii) be formed from a consortium of cooperating institutions and patient advocacy groups in order to maximize the scope of the center's services and geographic coverage. ``(B) Eligibility requirements.--To be eligible to make facilities so available (as described in subparagraph (A)(i)) or participate in such a consortium (as described in subparagraph (A)(ii)), an institution or group shall meet such requirements as the Secretary may prescribe. ``(5) Number of centers; duration of support.-- ``(A) In general.--Subject to the availability of appropriations, the Secretary shall provide for the establishment of not fewer than 4 and not more than 6 centers under paragraph (1). ``(B) Geographical distribution.--The Secretary shall-- ``(i) ensure that each of the centers established under paragraph (1) is located in a different region of the United States than the other such centers; and ``(ii) encourage the formation of such centers from a consortium of entities (as described in paragraph (4)(A)(ii)) covering multiple regions or States. ``(C) Duration.--Support for a center established under paragraph (1) may be provided under this section for a period of not to exceed 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed and approved by an appropriate technical and scientific peer review group established by the Secretary and if such group has recommended to the Secretary that such period should be extended. ``(d) Research on Symptomology and Treatment.--In carrying out subsection (a), the Secretary shall award grants on a competitive, peer-reviewed basis for research on-- ``(1) the full range of symptomology within the Tourette syndrome clinical spectrum; and ``(2) the efficacy of treatment options for particular patient subpopulations. ``(e) Funding.--Of the amounts made available to carry out the programs and activities of the National Institutes of Health for a fiscal year, the Secretary shall designate a portion of such amounts for carrying out the programs and activities of the National Institutes of Health with respect to Tourette syndrome.''.

Collaborative Academic Research Efforts for Tourette Syndrome Act of 2015 Amends the Public Health Service Act to require the National Institutes of Health (NIH) to expand, intensify, and coordinate NIH research on Tourette syndrome. Requires the NIH to develop a system to collect data on Tourette syndrome, including epidemiological information, primary data, and data on the availability of medical and social services for individuals with Tourette syndrome and their families. Requires the NIH to award grants and contracts to public or nonprofit private entities to support four to six Collaborative Research Centers for Tourette Syndrome in different regions to conduct basic and clinical research on Tourette syndrome. Requires the NIH to award grants for research on the full range of symptoms within the Tourette syndrome clinical spectrum and the efficacy of treatment options for particular patient subpopulations. Requires the NIH to designate a portion of the amounts made available to carry out NIH programs and activities for a fiscal year to carry out programs and activities with respect to Tourette syndrome.

Collaborative Academic Research Efforts for Tourette Syndrome Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supply Our Soldiers Act of 2015''. SEC. 2. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED FORCES. (a) In General.--The Secretary of Defense, in consultation with the United States Postal Service, shall provide for a program under which postal benefits shall be provided to qualified individuals in accordance with succeeding provisions of this Act. (b) Qualified Individual.--For purposes of this Act, the term ``qualified individual'' means an individual who-- (1) is a member of the Armed Forces of the United States on active duty (as defined in section 101 of title 10, United States Code); and (2)(A) is serving in Iraq, Afghanistan, or other designated hostile fire area, as described in section 351(a)(1) of title 37, United States Code; or (B) is hospitalized at a facility under the jurisdiction of the Armed Forces of the United States as a result of a disease or injury incurred as a result of service described in subparagraph (A). (c) Postal Benefits Described.-- (1) In general.--The postal benefits provided under this Act shall consist of such coupons or other similar evidence of credit (whether in printed, electronic, or other format, and in this Act referred to as ``vouchers'') as the Secretary of Defense (in consultation with the Postal Service) shall determine, entitling the bearer or user to make qualified mailings free of postage. (2) Qualified mailing.--For purposes of this Act, the term ``qualified mailing'' means the mailing of a single mail piece which-- (A) is described in subparagraph (A) or (B) of paragraph (3); (B) is sent from within an area served by a United States post office; and (C) is addressed to a qualified individual. (3) Mail described.--Mail described in this paragraph is-- (A) any first-class mail (including any sound- or video-recorded communication) not exceeding 13 ounces in weight and having the character of personal correspondence; and (B) parcel post not exceeding 15 pounds in weight. (4) Limitations.-- (A) Number.--An individual shall be eligible for 1 voucher for each month in which such individual is a qualified individual. (B) Use.--Any such voucher may not be used-- (i) for more than a single qualified mailing; or (ii) the expiration date of such voucher, as designated by the Secretary of Defense. (5) Coordination rule.--Postal benefits under this Act shall be in addition to, and not in lieu of, any reduced rates of postage or other similar benefits which might otherwise be available by or under law, including any rates of postage resulting from the application of section 3401(b) of title 39, United States Code. (d) Regulations.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense (in consultation with the Postal Service) shall prescribe any regulations necessary to carry out this Act, including-- (1) procedures by which vouchers will be provided or made available in timely manner to persons duly identified by qualified individuals to receive those vouchers; and (2) procedures to ensure that the number of vouchers provided or made available with respect to any qualified individual complies with subsection (c)(4)(A). SEC. 3. FUNDING. (a) In General.--There is authorized to be appropriated to the Department of Defense, for fiscal years 2016 through 2021, a sum determined by the Department of Defense to be equal to the expenses incurred by the Department in providing the benefits described in section 2(c) for such fiscal years. Such sum shall be derived from amounts appropriated in each such fiscal for the Operation and Maintenance, Defense-wide, for the Office of the Secretary of Defense, and shall not to exceed $75 million for the total period beginning with fiscal year 2016 and ending with fiscal year 2021. (b) Transfers to Postal Service.-- (1) Based on estimates.--The Department of Defense shall transfer to the Postal Service, out of any amount so appropriated and in advance of each calendar quarter during which postal benefits under this Act may be used, an amount equal to the amount of postal benefits that the Department of Defense estimates will be used during such quarter, reduced or increased (as the case may be) by any amounts by which the Department finds that a determination under this section for a prior quarter was greater than or less than the amount finally determined for such quarter. (2) Based on annual determination.--For each of the fiscal years 2016 through 2020, an annual determination of the amount necessary to correct any previous determination under this section during such fiscal year, and any transfer of amounts between the Postal Service and the Department of Defense based on that annual determination, shall be made not later than 6 months after the end of such fiscal year. (3) Based on final determination.--A final determination of the amount necessary to correct any previous determination under this section, and any transfer of amounts between the Postal Service and the Department of Defense based on that final determination, shall be made not later than 6 months after the end of fiscal year 2021. (c) Consultation Required.--All estimates and determinations under this section of the amount of postal benefits under this Act used in any period shall be made by the Department of Defense in consultation with the Postal Service. SEC. 4. DURATION. The postal benefits under this Act shall apply with respect to mail matter sent during the period beginning on October 1, 2015, and ending on September 30, 2021.

Supply Our Soldiers Act of 2015 Directs the Department of Defense to provide for a program under which postal benefits are provided to a member of the Armed Forces who is on active duty and who is either: (1) serving in Iraq, Afghanistan, or another hostile fire area designated as eligible for hazardous duty pay; or (2) hospitalized at a military medical facility as a result of such service. Requires the postal benefits to be in the form of coupons, vouchers, or other evidence of credit to use for postal-free mailings. Makes the benefits program applicable during FY2016-FY2021.

Supply Our Soldiers Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Pharmacy Preservation Act of 2004''. SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO INDEPENDENT PHARMACIES NEGOTIATING WITH HEALTH PLANS. (a) In General.--Any independent pharmacies who are engaged in negotiations with a health plan regarding the terms of any contract under which the pharmacies provide health care items or services for which benefits are provided under such plan shall, in connection with such negotiations, be entitled to the same treatment under the antitrust laws as the treatment to which bargaining units which are recognized under the National Labor Relations Act are entitled in connection with such collective bargaining. Such a pharmacy shall, only in connection with such negotiations, be treated as an employee engaged in concerted activities and shall not be regarded as having the status of an employer, independent contractor, managerial employee, or supervisor. (b) Protection for Good Faith Actions.--Actions taken in good faith reliance on subsection (a) shall not be the subject under the antitrust laws of criminal sanctions nor of any civil damages, fees, or penalties beyond actual damages incurred. (c) Limitation.-- (1) No new right for collective cessation of service.--The exemption provided in subsection (a) shall not confer any new right to participate in any collective cessation of service to patients not already permitted by existing law. (2) No change in national labor relations act.--This section applies only to independent pharmacies excluded from the National Labor Relations Act. Nothing in this section shall be construed as changing or amending any provision of the National Labor Relations Act, or as affecting the status of any group of persons under that Act. (d) Effective Date.--The exemption provided in subsection (a) shall apply to conduct occurring beginning on the date of the enactment of this Act. (e) Limitation on Exemption.--Nothing in this section shall exempt from the application of the antitrust laws any agreement or otherwise unlawful conspiracy that excludes, limits the participation or reimbursement of, or otherwise limits the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation. (f) No Effect on Title VI of Civil Rights Act of 1964.--Nothing in this section shall be construed to affect the application of title VI of the Civil Rights Act of 1964. (g) No Application to Federal Programs.--Nothing in this section shall apply to negotiations between independent pharmacies and health plans pertaining to benefits provided under any of the following: (1) The Medicaid Program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (2) The SCHIP program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.). (3) Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the uniformed services). (4) Chapter 17 of title 38, United States Code (relating to Veterans' medical care). (5) Chapter 89 of title 5, United States Code (relating to the Federal employees' health benefits program). (6) The Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). (h) Definitions.--For purposes of this section: (1) Antitrust laws.--The term ``antitrust laws''-- (A) has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in subparagraph (A). (2) Health plan and related terms.-- (A) In general.--The term ``health plan'' means a group health plan or a health insurance issuer that is offering health insurance coverage. (B) Health insurance coverage; health insurance issuer.--The terms ``health insurance coverage'' and ``health insurance issuer'' have the meanings given such terms under paragraphs (1) and (2), respectively, of section 733(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(b)). (C) Group health plan.--The term ``group health plan'' has the meaning given that term in section 733(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)(1)). (3) Independent pharmacy.--The term ``independent pharmacy'' means a pharmacy which is not owned (or operated) by a publicly traded company. For purposes of the previous sentence, the term ``publicly traded company'' means a company that is an issuer within the meaning of section 2(a)(7) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a)(7)). SEC. 3. REQUIREMENTS RELATING TO PHARMACY BENEFIT MANAGERS. (a) Prohibition on Cross Ownership.-- (1) In general.--No pharmaceutical drug manufacturer may have a controlling interest in an entity that is a pharmacy benefit manager. (2) Penalty.--The Secretary of Health and Human Services may issue such civil penalties for a violation of paragraph (1) as the Secretary of Health and Human Services determines necessary. (b) Drug Interchange.-- (1) Prohibitions.-- (A) Cost increase.--A pharmacy benefit manager shall not make any drug interchange proposal for an individual who is served by such manager where the net cost of the drug to which the prescription would be changed exceeds that of the drug from which the prescription would be changed. (B) Disclosure to individual.--A pharmacy benefit manager shall not make any drug interchange for an individual who is served by such manager unless the pharmacy benefit manager discloses to the individual, in a clear and conspicuous manner, the savings to the individual associated with such interchange. (C) Generics.--A pharmacy benefit manager shall not make any drug interchange proposal for an individual who is served by such manager if the drug from which the prescription would be changed has generic equivalents and the drug to which the prescription would be changed has no generic equivalents, unless the drug to which the prescription would be changed has a lower net cost to the individual than does each of the generic equivalents of the drug from which the prescription would be changed. (2) Penalty.--A pharmacy benefit manager that violates subparagraph (A), (B), or (C) of paragraph (1) with respect to an individual and presents a claim for payment to the United States Government as reimbursement for services to such individual, shall be considered in violation of section 3729 of title 31, United States Code. (c) Disclosure of Compensation From Drug Manufacturers.-- (1) Quarterly and annual disclosures.--At the end of each fiscal year quarter, each pharmacy benefit manager shall disclose-- (A) to the client plans of such manager and to the Antitrust Division of the Department of Justice, all compensation and remuneration that the pharmacy benefit manager received during such fiscal year quarter from a pharmaceutical drug manufacturer, including, regardless of how categorized, market share incentives, commissions, mail service purchase discounts, and administrative or management fees; and (B) to the client plans of such manager, any fees received for sales of utilization data to a pharmaceutical drug manufacturer. (2) Disclosure at contracting stage.--Each pharmacy benefit manager shall disclose to each client plan and prospective client plan of such manager, in advance of executing an agreement with such plan, information relating to the pharmacy benefit manager's methodology of soliciting and receiving payments from pharmaceutical drug manufacturers. (d) Definitions.--For purposes of this section: (1) Client plan.--The term ``client plan'' means a pharmaceutical plan in which the entity that offers such plan to its beneficiaries contracts directly with a pharmacy benefit manager to provide or administer such plan. (2) Drug interchange.--The term ``drug interchange'' means any change from one prescription drug to another prescription drug that is intended to address or treat the same illness or condition. SEC. 4. COMMUNITY PHARMACY ACCESS STANDARDS UNDER THE MEDICARE OUTPATIENT PRESCRIPTION DRUG PROGRAM. In establishing rules under subparagraph (C) of section 1860D- 4(b)(1) of the Social Security Act, as added by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), for convenient access to non-mail-order pharmacies consistent with the application of standards under clause (ii) of such subparagraph, the Secretary of Health and Human Services shall provide for application of the following standards: (1)(A) In each urban area, at least 90 percent of Medicare beneficiaries in a plan's service area, on average, live within 2 miles of a retail pharmacy participation in the prescription drug plan's or MA-PD plan's network. (B) In each suburban area, at least 90 percent of Medicare beneficiaries in a plan's service area, on average, live within 5 miles of a retail pharmacy participation in the prescription drug plan's or MA-PD plan's network. (C) In each rural area, at least 70 percent of Medicare beneficiaries in a plan's service area, on average, live within 15 miles of a retail pharmacy participation in the prescription drug plan's or MA-PD plan's network. (D) There shall be no averaging of such distances across or among urban, suburban, and rural areas. (2) The rules shall require plans to measure traveling distances from beneficiaries' homes to community pharmacies based on commonly traveled routes.

Community Pharmacy Preservation Act of 2004 - Provides that antitrust laws shall apply to negotiations between groups of independent pharmacies and health plans and health insurance issuers in the same manner as such laws apply to collective bargaining by labor organizations under the National Labor Relations Act. Prohibits any pharmaceutical drug manufacturer from having a controlling interest in an entity that is a pharmacy benefit manager. Requires pharmacy benefit managers to disclose all compensation from drug manufacturers. Prohibits pharmacy benefit managers from making certain drug interchanges: (1) to a drug with a greater cost; (2) without disclosure to the individual; or (3) from a drug with generic equivalents to a drug without generic equivalents, unless the latter is lower in cost than each of the generic equivalents of the drug from which the prescription would be changed. Directs the Secretary of Health and Human Services to apply specified standards for community pharmacy access under the Medicare outpatient prescription drug program.

To ensure and foster continued patient safety and quality of care by making the antitrust laws apply to negotiations between groups of independent pharmacies and health plans and health insurance issuers in the same manner as such laws apply to collective bargaining by labor organizations under the National Labor Relations Act, to ensure integrity in the operation of pharmacy benefit managers, and to preserve access standards to community pharmacies under the Medicare outpatient prescription drug program.