FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Union Audit Improvement Act of 1997''. SEC. 2. FINANCIAL STATEMENT AND AUDIT REQUIREMENTS. Paragraph (6) of section 202(a) of the Federal Credit Union Act (12 U.S.C. 1782(a)(6)) is amended to read as follows: ``(6) Financial statement and audit requirements.-- ``(A) Financial statement.-- ``(i) In general.--Each insured credit union shall prepare annual financial statements in conformity with generally accepted accounting principles. ``(ii) Audit requirement.--The supervisory committee of each insured credit union shall have an annual independent audit of the financial statement of the credit union performed in accordance with generally accepted auditing standards by an independent certified public accountant or public accountant licensed by the appropriate State or jurisdiction to perform such services. ``(B) Effectiveness of internal controls.-- ``(i) In general.--Each insured credit union shall prepare a written assertion annually about the effectiveness of the internal controls over financial reporting. ``(ii) Examination of written assertion.-- The supervisory committee of each insured credit union shall obtain annually an attestation report on an examination of management's written assertion under clause (i) which shall be prepared in accordance with generally accepted standards for attestation engagements by an independent certified public accountant or public accountant licensed by the appropriate State or jurisdiction to perform such services. ``(C) Compliance with laws and regulations.--Each insured credit union shall prepare a written report annually on the extent to which the credit union is in compliance with laws and regulations relating to safety and soundness which have been designated by the Board. ``(D) De minimus exception.--This paragraph shall not apply with respect to any fiscal year of any insured credit union the total assets of which, as of the beginning of such fiscal year, are less than $10,000,000.''. SEC. 3. REQUIREMENTS FOR SUPERVISORY COMMITTEES. (a) Federal Credit Unions.--Section 115 of the Federal Credit Union Act (12 U.S.C. 1761d) is amended-- (1) by striking ``The supervisory committee shall make or cause to be made'' and all that follows through ``submit reports of the supplementary audits to the board of directors; may by a unanimous vote'' and inserting ``(a) In General.--The supervisory committee may, by a unanimous vote,''; and (2) by adding at the end the following new subsection: ``(b) Management Oversight.-- ``(1) Risk areas.--The supervisory committee shall-- ``(A) identify annually risk areas of the activities of the credit union; and ``(B) assess the extent to which internal and external audit coverage is necessary for those activities of the credit union which the committee determines have a high risk. ``(2) Internal audits.--The supervisory committee shall perform or supervise any internal audits of the credit union. ``(3) Outside auditors.--In the case of any outside audit of the credit union, the supervisory committee shall engage only an independent certified public accountant or public accountant licensed by the appropriate State or jurisdiction to perform such services. ``(4) Audit reports to board of directors and members.--The supervisory committee shall-- ``(A) promptly submit the audit report of any internal or outside audit to the board of directors and the Administration; and ``(B) submit the audit report of any outside audit and submit a summary of the audit report of any internal audit to the members at the annual meeting following the completion of any such report.''. (b) Insured State Credit Unions.--Section 201(b) of the Federal Credit Union Act (12 U.S.C. 1781(b)) is amended-- (1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (2) by inserting after paragraph (7) the following new paragraph: ``(8) to maintain a supervisory committee which complies with the requirements applicable under section 115(b) to a supervisory committee of a Federal credit union;''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to fiscal years (of insured credit unions) ending on or after December 15, 1997.

Credit Union Audit Improvement Act of 1997 - Amends the Federal Credit Union Act to mandate that: (1) each insured credit union prepare an annual financial statement in conformity with generally accepted accounting principles (GAAP); (2) each credit union supervisory committee have an annual independent audit of such statement performed in accordance with GAAP standards by an independent certified or licensed public accountant; (3) each credit union prepare annually a written assertion regarding the efficacy of internal controls over financial reporting; (4) each credit union supervisory committee obtain annually an attestation report on an examination of management's written assertion prepared in accordance with GAAP by an independent certified or licensed public accountant; and (5) each credit union prepare annually a written report on the extent to which it is in compliance with the safety and soundness regulations designated by National Credit Union Administration Board. Exempts certain small-sized insured credit unions (with assets under $10 million) from the purview of this Act. Requires a credit union supervisory committee to: (1) identify annually any risk areas of credit union activities; (2) assess the extent to which internal and external audit coverage is necessary for credit union activities which the committee determines to have a high risk; (3) perform or supervise internal audits; (4) restrict the selection of outside auditors to certified or licensed public accountants; and (5) submit audit reports to the board of directors, the National Credit Union Administration, and its membership. Requires an insured State credit union to include in its insurance application an agreement to maintain a supervisory committee which complies with the management oversight requirements applicable to its Federal credit union counterparts.

Credit Union Audit Improvement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors Mental Health Access Improvement Act of 2005''. SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE PROGRAM. (a) Coverage of Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (Y), by striking ``and'' after the semicolon at the end; (B) in subparagraph (Z), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(AA) marriage and family therapist services (as defined in subsection (bbb)(1)) and mental health counselor services (as defined in subsection (bbb)(3));''. (2) Definitions.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor ``(bbb)(1) The term `marriage and family therapist services' means services performed by a marriage and family therapist (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses, which the marriage and family therapist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as an incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. ``(3) The term `mental health counselor services' means services performed by a mental health counselor (as defined in paragraph (4)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(4) The term `mental health counselor' means an individual who-- ``(A) possesses a master's or doctor's degree in mental health counseling or a related field; ``(B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State.''. (3) Provision for payment under part b.--Section 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services and mental health counselor services;''. (4) Amount of payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (V)'' and inserting ``(V)''; and (B) by inserting before the semicolon at the end the following: ``, and (W) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(AA), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L)''. (5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and family therapist services (as defined in section 1861(bbb)(1)), mental health counselor services (as defined in section 1861(bbb)(3)),'' after ``qualified psychologist services,''. (6) Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims.-- Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clauses: ``(vii) A marriage and family therapist (as defined in section 1861(bbb)(2)). ``(viii) A mental health counselor (as defined in section 1861(bbb)(4)).''. (b) Coverage of Certain Mental Health Services Provided in Certain Settings.-- (1) Rural health clinics and federally qualified health centers.--Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a clinical social worker (as defined in subsection (hh)(1)),'' and inserting ``, by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (bbb)(2)), or by a mental health counselor (as defined in subsection (bbb)(4)),''. (2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of the Social Security Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting ``or one marriage and family therapist (as defined in subsection (bbb)(2))'' after ``social worker''. (c) Authorization of Marriage and Family Therapists to Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``marriage and family therapist (as defined in subsection (bbb)(2)),'' after ``social worker,''. (d) Effective Date.--The amendments made by this section shall apply with respect to services furnished on or after January 1, 2006.

Seniors Mental Health Access Improvement Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage under Medicare part B (Supplementary Medical Insurance) of marriage and family therapist services and mental health counselor services generally, and particularly such services provided in rural health clinics and in hospice programs. Amends Medicare part C (Miscellaneous) to exclude such services from the skilled nursing facility prospective payment system. Authorizes marriage and family therapists to develop discharge plans for post-hospital services.

A bill to amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the medicare program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commonsense Contracting Act of 2015''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that, when used appropriately, reverse auctions may improve the Federal Government's procurement of commercially available commodities by increasing competition, reducing prices, and improving opportunities for small businesses. SEC. 3. PROHIBITION ON REVERSE AUCTIONS FOR COVERED CONTRACTS. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 47 (15 U.S.C. 631 note) as section 48; and (2) by inserting after section 46 the following new section: ``SEC. 47. REVERSE AUCTIONS PROHIBITED FOR COVERED CONTRACTS. ``(a) In General.--In the case of a covered contract described in subsection (c), reverse auction methods may not be used if the award of the contract is to be made under-- ``(1) section 8(a); ``(2) section 8(m); ``(3) section 15(a); ``(4) section 15(j); ``(5) section 31; or ``(6) section 36. ``(b) Limitations on Using Reverse Auctions.-- ``(1) Decisions regarding use of a reverse auction.--The following decisions are the responsibility of the contracting officer and may not be delegated to any person except for another contracting officer who meets the training requirements of paragraph (2): ``(A) A decision to use reverse auction methods as part of the competition for award of a covered contract. ``(B) Any decision made after the decision described in subsection (A) regarding the appropriate evaluation criteria, the inclusion of vendors, the acceptability of vendor submissions (including decisions regarding timeliness), and the selection of the winner. ``(2) Training required.--Only a contracting officer who has received training on the appropriate use and supervision of reverse auction methods of contracting may supervise or use such methods in a procurement for a covered contract. The training shall be provided by, or similar to the training provided by, the Defense Acquisition University as described in section 824 of the Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291). ``(3) Number of offers; revisions to bids.--A Federal agency may not award a covered contract using a reverse auction method if only one offer is received or if offerors do not have the ability to submit revised bids with lower prices throughout the course of the auction. ``(4) Technically acceptable offers.--A Federal agency awarding a covered contract using a reverse auction method shall evaluate the technical acceptability of offers only as technically acceptable or unacceptable. ``(5) Use of price rankings.--A Federal agency may not award a covered contract using a reverse auction method if at any time during the award process the Federal agency misinforms an offeror about the price ranking of the offeror's last offer submitted in relation to offers submitted by other offerors. ``(6) Use of third-party agents.--If a Federal agency uses a third party agent to assist with the award of covered contracts using a reverse auction method, the Federal agency shall ensure that-- ``(A) inherently governmental functions (as such term is used in section 2303 of title 41, United States Code) are not performed by private contractors, including by the third party agent; ``(B) information on the past contract performance of offerors created by the third party agent and shared with the Federal agency is collected, maintained, and shared in compliance with section 1126 of title 41, United States Code; ``(C) information on whether an offeror is a responsible source (as defined in section 113 of title 41, United States Code) that is created by the third party agent and shared with the Federal agency is shared with the offeror and complies with section 8(b)(7) of this Act; and ``(D) disputes between the third party agent and an offeror may not be used to justify a determination that an offeror is not a responsible source (as defined in section 113 of title 41, United States Code) or to otherwise restrict the ability of an offeror to compete for the award of a contract or task or delivery order. ``(c) Definitions.--In this section: ``(1) Contracting officer.--The term `contracting officer' has the meaning given that term in section 2101(1) of title 41, United States Code. ``(2) Covered contract.--The term `covered contract' means a contract-- ``(A) for design and construction services; ``(B) for goods purchased to protect Federal employees, members of the Armed Forces, or civilians from bodily harm; or ``(C) for goods or services other than those goods or services described in subparagraph (A) or (B)-- ``(i) to be awarded based on factors other than price and technical responsibility; or ``(ii) if awarding the contract requires the contracting officer to conduct discussions with the offerors about their offer. ``(3) Design and construction services.--The term `design and construction services' means-- ``(A) site planning and landscape design; ``(B) architectural and interior design; ``(C) engineering system design; ``(D) performance of construction work for facility, infrastructure, and environmental restoration projects; ``(E) delivery and supply of construction materials to construction sites; ``(F) construction, alteration, or repair, including painting and decorating, of public buildings and public works; and ``(G) architectural and engineering services as defined in section 1102 of title 40, United States Code. ``(4) Reverse auction.--The term `reverse auction' means, with respect to procurement by an agency, an auction between a group of offerors who compete against each other by submitting offers for a contract or task or delivery order with the ability to submit revised offers with lower prices throughout the course of the auction.''.

Commonsense Contracting Act of 2015 This bill expresses the sense of Congress that, when used appropriately, with respect to federal agency procurement, an auction between a group of offerors who compete against each other by submitting offers for a contract or task or delivery order with the ability to submit revised offers with lower prices throughout the course of the auction (reverse auction) may improve the federal government's procurement of commercially available commodities by increasing competition, reducing prices, and improving opportunities for small businesses. The Small Business Act is amended to prohibit the use of reverse auction methods for certain Small Business Administration federal procurement contracts for: design and construction services; goods purchased to protect federal employees, members of the Armed Forces, or civilians from bodily harm; or goods or services other than these: (1) to be awarded based on factors other than price and technical responsibility, or (2) if awarding the contract requires the contracting officer to conduct discussions with the offerors about their offer.

Commonsense Contracting Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clyde-Hirsch-Sowers RESPECT Act'' or the ``Restraining Excessive Seizure of Property through the Exploitation of Civil Asset Forfeiture Tools Act''. SEC. 2. INTERNAL REVENUE SERVICE SEIZURE REQUIREMENTS WITH RESPECT TO STRUCTURING TRANSACTIONS. Section 5317(c)(2) of title 31, United States Code, is amended-- (1) by striking ``Any property'' and inserting the following: ``(A) In general.--Any property''; and (2) by adding at the end the following: ``(B) Internal revenue service seizure requirements with respect to structuring transactions.-- ``(i) Property derived from an illegal source.--Property may only be seized by the Internal Revenue Service pursuant to subparagraph (A) by reason of a claimed violation of section 5324 if the property to be seized was derived from an illegal source or the funds were structured for the purpose of concealing the violation of a criminal law or regulation other than section 5324. ``(ii) Notice.--Not later than 30 days after property is seized by the Internal Revenue Service pursuant to subparagraph (A), the Internal Revenue Service shall-- ``(I) make a good faith effort to find all persons with an ownership interest in such property; and ``(II) provide each such person with a notice of the person's rights under clause (iv). ``(iii) Extension of notice under certain circumstances.--The Internal Revenue Service may apply to a court of competent jurisdiction for one 30-day extension of the notice requirement under clause (ii) if the Internal Revenue Service can establish probable cause of an imminent threat to national security or personal safety necessitating such extension. ``(iv) Post-seizure hearing.--If a person with a property interest in property seized pursuant to subparagraph (A) by the Internal Revenue Service requests a hearing by a court of competent jurisdiction within 30 days after the date on which notice is provided under subclause (ii), such property shall be returned unless the court holds an adversarial hearing and finds within 30 days of such request (or such longer period as the court may provide, but only on request of an interested party) that there is probable cause to believe that there is a violation of section 5324 involving such property and probable cause to believe that the property to be seized was derived from an illegal source or the funds were structured for the purpose of concealing the violation of a criminal law or regulation other than section 5324.''. SEC. 3. EXCLUSION OF INTEREST RECEIVED IN ACTION TO RECOVER PROPERTY SEIZED BY THE INTERNAL REVENUE SERVICE BASED ON STRUCTURING TRANSACTION. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: ``SEC. 139G. INTEREST RECEIVED IN ACTION TO RECOVER PROPERTY SEIZED BY THE INTERNAL REVENUE SERVICE BASED ON STRUCTURING TRANSACTION. ``Gross income shall not include any interest received from the Federal Government in connection with an action to recover property seized by the Internal Revenue Service pursuant to section 5317(c)(2) of title 31, United States Code, by reason of a claimed violation of section 5324 of such title.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new item: ``Sec. 139G. Interest received in action to recover property seized by the Internal Revenue Service based on structuring transaction.''. (c) Effective Date.--The amendments made by this section shall apply to interest received on or after the date of the enactment of this Act.

Clyde-Hirsch-Sowers RESPECT Act or the Restraining Excessive Seizure of Property through the Exploitation of Civil Asset Forfeiture Tools Act This bill revises the authority and procedures that the Internal Revenue Service (IRS) uses to seize property that has been structured to avoid Bank Secrecy Act (BSA) reporting requirements. The IRS may only seize property it suspects has been structured to avoid BSA reporting requirements if the property was derived from an illegal source or the funds were structured for the purpose of concealing the violation of a criminal law or regulation other than structuring transactions to evade BSA reporting requirements. Within 30 days of seizing property, the IRS must: (1) make a good faith effort to find all owners of the property, and (2) notify the owners of the post-seizure hearing rights established by this bill. The IRS may apply to a court for one 30-day extension of the notice requirement if it can establish probable cause of an imminent threat to national security or personal safety. If the owner of the property requests a court hearing within 30 days after the date on which notice is provided, the property must be returned unless the court holds a hearing within 30 days after notice is provided and finds that there is probable cause to believe that the property was derived from an illegal source or the funds were structured to conceal the violation of a criminal law or regulation other than a structuring violation. The bill amends the Internal Revenue Code to exclude from gross income any interest received from the federal government with respect to an action to recover property seized by the IRS pursuant to a claimed violation of the structuring provisions of the BSA.

Clyde-Hirsch-Sowers RESPECT Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iranian Digital Empowerment Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The Government of Iran is engaged in a range of activities that interfere with and infringe upon the right of the Iranian people to access independent news and information and to exercise basic freedoms, in particular through electronic media. (2) On September 28, 2009, a consortium reportedly controlled by Iran's Revolutionary Guard Corps purchased a controlling interest in the Iranian Telecommunications Company. (3) On November 14, 2009, the Government of Iran announced the establishment of a special security force to police opposition activities on the Internet. (4) On numerous occasions, including most recently ahead of student demonstrations on December 7, 2009, the Government of Iran has restricted access to Internet and telecommunications networks in order to limit popular dissent. (5) In the aftermath of the disputed June 2009 Iranian presidential elections, the Iranian people utilized Twitter, Facebook, and other personal communication technologies to organize demonstrations and related activities. (6) Citing the crucial role that Internet communications technologies were playing in post-election Iran, the Department of State requested Twitter delay a planned maintenance so that Iranians could continue use of the service without interruption. (7) The United States has a vital interest in working to ensure that its policies do not unintentionally aid the repressive policies of the Government of Iran or hinder the Iranian people's basic rights and freedoms. (8) Current sanctions on Iran have had the unintended effect of stifling Iranians' access to the Internet and related Internet technologies. (9) Microsoft and Google have ceased providing instant messaging services to Iranians, citing United States economic sanctions. (10) In a September 2009 response regarding the suspension of messaging services within Iran by Microsoft and Google, Director of the Department of the Treasury's Office of Foreign Assets Control (OFAC), Adam Szubin, stated that, ``Ensuring the flow and access to information available through the Internet and similar public sources is consistent with the policy interests of the United States Government.''. (b) Sense of the Congress.--It is the sense of Congress that the United States-- (1) respects the sovereignty of the Iranian people and the universal values of freedom of speech, freedom of the press, and the freedom to assemble; (2) supports the Iranian people seeking access to news, electronic communication, and other forms of information; (3) encourages the development and provision of technologies and services to the Iranian people that enable them to communicate with each other and the outside world; and (4) encourages companies, organizations, and individuals to enable large numbers of users to bypass censorship and surveillance technologies, for the purposes of promoting Iranians' unfettered access to the Internet, which is a civil liberty that should be enjoyed by all people. SEC. 3. AUTHORIZATION OF EXPORTS OF CERTAIN SOFTWARE AND RELATED SERVICES TO IRAN. (a) Authorization.--Notwithstanding any other provision of law, the export of software and related services described in subsection (b) to Iran by United States persons may not be prohibited or otherwise restricted. (b) Software and Related Services Described.--The software and related services referred to in subsection (a) are the following: (1) Software and related services that allow private Iranian citizens to circumvent online censorship and monitoring efforts imposed by the Government of Iran. (2) Software and related services that enable personal communication by the Iranian people. (c) Exception.-- (1) In general.--Subsection (a) shall not apply with respect to the export of software and related services described in subsection (b) to the Government of Iran. (2) Definition.-- (A) In general.--In this subsection, the term ``Government of Iran'' includes the government of any political subdivision of Iran, and any agency or instrumentality of the Government of Iran. (B) Agency or instrumentality.--For purposes of subparagraph (A), the term ``agency or instrumentality of the Government of Iran'' means an agency of instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to ``a foreign state'' deemed to be a reference to ``Iran''. (d) Effective Date.--This section shall apply with respect to the export of software and related services referred to in subsection (a) on or after the date of the enactment of this Act.

Iranian Digital Empowerment Act - States that the export of the following software and related services to Iran by U.S. persons may not be prohibited or restricted: (1) software and related services that allow private Iranian citizens to circumvent online censorship and monitoring efforts imposed by the government of Iran and (2) software and related services that enable personal communication by the Iranian people. Excludes from such provisions the export of such software and related services to the government of Iran.

To support the democratic aspirations of the Iranian people by enhancing their ability to access the Internet and communications services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multi-Cultural Domestic Violence Minority Education Campaigns Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Nearly one-third of women in the United States report being physically or sexually abused by a husband or boyfriend at some point in their lives. (2) Family violence costs the Nation between $5,000,000,000 and $10,000,000,000 each year in medical expenses, police and court costs, shelters and foster care, sick leave, absenteeism, and non-productivity. (3) The United States is becoming increasingly multicultural, and minorities are expected to constitute approximately 50 percent of the population of the United States by 2050. (4) Minority women face unique challenges to reporting and getting help for domestic violence. (5) Structural inequalities experienced by minorities, including poverty and discrimination, may contribute to higher rates of violence. (6) Many immigrant women refuse to leave a violent relationship because of fears related to their immigration status. (7) Many minority women face cultural barriers to reporting abuse or seeking help for domestic violence, including but not limited to strong religious beliefs that stress the importance of keeping family intact, fear of dishonor, and a belief that negative events occur regardless of attempts to prevent them. (8) Many minority women also face institutional barriers to reporting abuse or seeking help for domestic violence, including but not limited to a lack of translators or bilingual professionals, little reading material in the woman's native language, treatment programs that do not take into account ethnic and cultural differences, prohibitive fee structures, and inflexible or inconvenient hours of operation. SEC. 3. GRANTS FOR PUBLIC INFORMATION CAMPAIGNS TO EDUCATE RACIAL AND ETHNIC MINORITIES ABOUT DOMESTIC VIOLENCE. (a) In General.--The Attorney General may make grants to States and public or private nonprofit entities to carry out public information campaigns for the purpose of educating racial and ethnic minorities about domestic violence, including the effects of domestic violence, methods of preventing or reducing domestic violence, and services available to victims of domestic violence. (b) Use of Grant Amounts.--Grant amounts under this section may be used only to carry out public information campaigns for the purpose specified in subsection (a). (c) Elements of Campaigns.--Each public information campaign carried out under this section shall consist of one or more of the following elements: (1) Public service announcements. (2) Paid educational messages for print media. (3) Public transit advertising. (4) Electronic broadcast media. (5) Any other mode of conveying information that the Attorney General determines to be appropriate. (d) Requirements for Grant.--The Attorney General may award a grant under this section to an entity only if the Attorney General determines that-- (1) the campaign will be carried out in consultation with local domestic violence advocates or State domestic violence coalitions; (2) the campaign is designed to be conducted in a culturally sensitive manner using one or more culturally appropriate languages; (3) the media organizations and other groups through which the campaign will be carried out will continue to provide public service announcements at current frequencies, without considering the informational messages of the campaign as public service announcements; (4) the applicant has an adequate plan to test-market the campaign with a relevant community or group in the relevant geographic area, and will carry out that plan; and (5) the applicant will use effectiveness criteria in carrying out the campaign and an evaluation component to measure the effectiveness of the campaign. (e) Award Criteria.--In awarding grants under this section, the Attorney General shall consider the following criteria: (1) Whether the applicant has, or will be partnering with an entity that has, a record of high quality campaigns of a comparable type. (2) Whether the applicant has, or will be partnering with an entity that has, a record of high quality campaigns that educate the communities and groups at greatest risk of domestic violence. (f) Application.-- (1) In general.--To be eligible to receive a grant under this section, a State or entity must submit to the Attorney General an application that meets the requirements of paragraph (2). (2) Requirements.--An application submitted under this subsection shall be in such form, and submitted in such manner, as the Attorney General may prescribe, and shall include the following matters: (A) A complete description of applicant's plan for the proposed public information campaign. (B) An identification of the specific communities and groups to be educated by the campaign, and a description of how the campaign will educate the communities and groups at greatest risk of domestic violence. (C) The plans of the applicant with respect to working with organizations that have expertise in developing culturally appropriate informational messages. (D) A description of the geographic distribution of the campaign. (E) An identification of the media organizations and other groups through which the campaign will be carried out. (F) A description of the nature, amount, distribution, and timing of informational messages to be used in the campaign. (G) Such information and assurances as the Attorney General may require to determine whether the requirements specified in subsection (d) will be satisfied, and whether the criteria specified in subsection (e) apply. (H) Such other information and assurances as the Attorney General may require. (g) Definition.--For purposes of this section, the term ``public or private nonprofit entity'' includes an ``Indian tribe'' or ``tribal organization'', as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (h) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Multi-Cultural Domestic Violence Minority Education Campaigns Act - Authorizes the Attorney General to make grants to States and public or private nonprofit entities to carry out public information campaigns for the purpose of educating racial and ethnic minorities about domestic violence, including its effects, prevention or reduction methods, and victim services.

To provide grants for public information campaigns to educate racial and ethnic minorities about domestic violence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Supply and Price Reduction Act of 2011'' or the ``Enhanced SPR Act''. SEC. 2. DEFINITION. In this Act, the term ``Secretary'' means the Secretary of Energy. SEC. 3. PETROLEUM PRODUCT RESERVE. Section 154(a) of the Energy Policy and Conservation Act (42 U.S.C. 6234(a)) is amended by striking ``1 billion barrels of petroleum products'' and inserting ``1,000,000,000 barrels of petroleum products (including refined petroleum products)''. SEC. 4. SALE OF OIL FROM THE STRATEGIC PETROLEUM RESERVE AND ACQUISITION OF REFINED PETROLEUM PRODUCT. (a) Initial Petroleum Sale and Replacement.-- (1) Authority.--Notwithstanding section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), the Secretary may sell, in the amounts and on the schedule described in subsection (b), petroleum from the Strategic Petroleum Reserve and acquire refined petroleum product. (2) Proceeds.--If the Secretary acts pursuant to paragraph (1), the Secretary shall-- (A) deposit the cash proceeds from sales under subparagraph (A) into the SPR Petroleum Account established under section 167 of the Energy Policy and Conservation Act (42 U.S.C. 6247); and (B) from the cash proceeds deposited pursuant to paragraph (2), withdraw the amount necessary to pay for the direct administrative and operational costs of the sale and acquisition, including for acquisition and maintenance of, and improvements to, storage facilities. (b) Amounts and Schedule.-- (1) In general.--The sale and acquisition described in subsection (a) may require the offer for sale of a total quantity of no more than 30,000,000 barrels of petroleum from the Strategic Petroleum Reserve. The sale may commence within 180 days after the date of enactment of this Act and may end not later than 3 years after such date of enactment. In no event shall the Secretary sell barrels of oil under subsection (a) that would result in a Strategic Petroleum Reserve that contains fewer than 90 percent of the total amount of barrels in the Strategic Petroleum Reserve as of the date of enactment of this Act. (2) Acquisitions.--If the Secretary acts pursuant to subsection (a)(1), the Secretary shall acquire refined petroleum product under this section-- (A) beginning no sooner than 180 days after the date of enactment of this Act; (B) ending no later than 5 years after the date of enactment of this Act; and (C) in a manner so as to minimize both the cost to the Federal Government and market disruption associated with the acquisition. SEC. 5. REPORT TO CONGRESS. Not later than 18 months after the commencement of any sale authorized pursuant to section 4, the Secretary shall transmit to Congress a report-- (1) describing the amounts and types of petroleum sold and refined petroleum product acquired under section 4; (2) describing the actions taken for the storage of refined petroleum product acquired under section 4, and identifying any requirements for additional facilities; (3) describing efforts the Department of Energy has taken to ensure that distributors and importers are not discouraged from maintaining and increasing supplies of refined petroleum products; (4) describing actions that the Department of Energy has taken and plans to take to ensure quality of refined petroleum product in the Reserve, including the rotation of product stored; and (5) analyzing the effects that activities under section 4 have had on oil markets. SEC. 6. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND EXCHANGE IN PUBLIC INTEREST. Section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) is amended by adding at the end the following new subsection: ``(k) Public Interest.-- ``(1) General authority.--If, after consultation with the Secretary of Energy, the Secretary of Defense, and the Chairman of the Federal Trade Commission, the President finds that a circumstance, other than those described in subsections (d) or (h) of this section, exists of such significance and scope that action under this subsection would be warranted to address market manipulation or otherwise be in the public interest, then the President may instruct the Secretary to drawdown and sell or exchange petroleum product from the Reserve under this subsection. ``(2) Limitations.--Petroleum product from the Reserve may not be drawn down or exchanged under this subsection-- ``(A) in excess of an aggregate of 30,000,000 barrels with respect to each circumstance warranting a finding under paragraph (1); or ``(B) in an amount that would lower the aggregate level of petroleum product in the Reserve to less than 600,000,000 barrels of petroleum product. ``(3) Report to congress.--At the end of any month during which there is a drawdown and sale of petroleum products from the Reserve under this subsection, the Secretary shall transmit a report to the Congress containing an account of the drawdown and sale, along with an assessment of the effects of the drawdown and sale. ``(4) Replenishment.--In the case of a drawdown and sale or exchange under this subsection, the Secretary shall provide for the timely replenishment of the Reserve in accordance with the objectives and procedures set forth in section 160.''.

Enhanced Supply and Price Reduction Act of 2011 or Enhanced SPR Act - Amends the Energy Policy and Conservation Act to require the Strategic Petroleum Reserve (SPR) to include refined petroleum products within its required capacity of 1 billion barrels of petroleum products. Authorizes the Secretary of Energy (DOE) to sell at least 30 million barrels of petroleum from the SPR and acquire refined petroleum product. Prescribes a schedule for such transactions. Directs the Secretary to deposit the cash proceeds from such sales into the SPR Petroleum Account. Authorizes the President to instruct the Secretary to drawdown and sell or exchange petroleum product from the SPR if a circumstance exists of such significance and scope that action would be warranted to address market manipulation or otherwise be in the public interest.

To provide for the sale of oil from the Strategic Petroleum Reserve and acquisition of refined petroleum product, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Forest Emergency Response Act''. SEC. 2. FINDINGS. Congress finds that-- (1) forest health and human safety in certain national forests have deteriorated dangerously due to pine beetle infestation, disease, storm damage, and drought; and (2) the resulting fire hazard in those national forests endangers adjacent communities, ranches, State parks, and several units of the National Park System and poses a significant threat to the economic stability of surrounding areas and the health, safety, and well-being of residents and visitors to those areas. SEC. 3. DEFINITIONS. In this Act: (1) Designated national forest.--The term ``designated national forest'' means a national forest designated by the Secretary under section 4(b). (2) Emergency circumstances.--The term ``emergency circumstances'' has the meaning given the term in section 1506.11 of title 40, Code of Federal Regulations (or a successor regulation). (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. DECLARATION OF EMERGENCY AND SELECTION OF PILOT PROJECT NATIONAL FORESTS. (a) In General.--In recognition of deteriorating forest health conditions, extreme fire hazard, and the significant number of dead and dying trees in certain national forests due to pine beetle infestation, drought, disease, or storm damage, and the resulting imminent risk of devastating wildfire that poses a significant threat to the economic stability of surrounding areas and the health, safety, and well-being of residents, firefighters, and visitors to the areas, Congress declares that the fire hazard and human endangerment in those national forests designated by the Secretary under subsection (b) constitute emergency circumstances. (b) Designations.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary shall designate not less than 1 national forest in each applicable State that is experiencing conditions that constitute emergency circumstances due to pine beetle infestation, drought, disease, or storm damage and the resulting imminent risk of devastating wildfire that poses a significant threat to the economic stability of surrounding areas and the health, safety, and well-being of residents, firefighters, and visitors to the areas. (2) Limitation.--A designation under paragraph (1) shall be for a period not to exceed 10 years. SEC. 5. APPLICATION OF EXPEDITED PROCEDURES AND ACTIVITIES OF THE HEALTHY FORESTS RESTORATION ACT OF 2003 TO DESIGNATED FOREST SERVICE PILOT PROJECTS. (a) Applicability.--Subject to subsections (b) through (e), title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) (including the environmental analysis requirements of section 104 of that Act (16 U.S.C. 6514), the special administrative review process under section 105 of that Act (16 U.S.C. 6515), and the judicial review process under section 106 of that Act (16 U.S.C. 6516)), shall apply to all Forest Service projects and activities implementing the land and resource management plan developed for the designated national forests during the term of the emergency circumstance declared under section 4. (b) Application of Other Law.--Section 322 of Public Law 102-381 (16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to projects conducted in accordance with this section. (c) Required Modifications.--In applying title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) to Forest Service projects and activities in designated national forests, the Secretary shall make the following modifications: (1) The authority shall apply to the entire designated national forest, including land that is outside of a wildland- urban interface area or that does not satisfy any of the other eligibility criteria specified in section 102(a) of that Act (16 U.S.C. 6512(a)). (2) All projects and activities of the Forest Service, including necessary connected actions (as described in section 1508.25(a)(1) of title 40, Code of Federal Regulations (or a successor regulation)), shall be considered to be authorized hazardous fuel reduction projects for purposes of applying the title. (3) In the case of a project intended to address the existence of an infestation of disease or insects, or the presence of such an infestation on immediately adjacent land, the Secretary may proceed with the project if there is any risk the infestation will spread, not just in the event of an imminent risk of the spread of the infestation. (4) Forest Service projects and activities in the designated national forest conducted under title I of that Act shall not be counted toward the limitation in section 102(c) of that Act (16 U.S.C. 6512(c)) on the total quantity of acreage that may be treated under that title. (d) Smaller Projects.-- (1) In general.--Except as provided in paragraph (2), a project conducted in a designated national forest in accordance with this section that comprises less than 10,000 acres shall be considered an action categorically excluded from the requirements for an environmental assessment or an environmental impact statement under section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation). (2) Exclusion of certain areas.--Paragraph (1) does not apply to-- (A) a component of the National Wilderness Preservation System; (B) any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; (C) a congressionally designated wilderness study area; or (D) an area in which activities under paragraph (1) would be inconsistent with the applicable land and resource management plan. (e) Prohibition on Restraining Orders, Preliminary Injunctions, and Other Relief Pending Judicial Review.-- (1) In general.--No restraining order, preliminary injunction, or injunction pending appeal shall be issued by any court of the United States with respect to any decision to engage in any remedial action or to prepare, advertise, offer, award, or operate a timber sale under this section in a designated national forest. (2) Applicability of other law.--Section 705 of title 5, United States Code, shall not apply to any challenge to a sale described in paragraph (1). SEC. 6. GOOD NEIGHBOR AUTHORITY. (a) Definitions.--In this section: (1) Eligible state.--The term ``eligible State'' means a State that contains National Forest System land. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (3) State forester.--The term ``State forester'' means the head of a State agency with jurisdiction over State forestry programs in an eligible State. (b) Cooperative Agreements and Contracts.-- (1) In general.--The Secretary may enter into a cooperative agreement or contract (including a sole source contract) with a State forester to authorize the State forester to provide the forest, rangeland, and watershed restoration and protection services described in paragraph (2) on National Forest System land in the eligible State. (2) Authorized services.--The forest, rangeland, and watershed restoration and protection services referred to in paragraph (1) include the conduct of-- (A) activities to treat insect infected trees; (B) activities to reduce hazardous fuels; and (C) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. (3) State as agent.--Except as provided in paragraph (6), a cooperative agreement or contract entered into under paragraph (1) may authorize the State forester to serve as the agent for the Secretary in providing the restoration and protection services authorized under that paragraph. (4) Subcontracts.--In accordance with applicable contract procedures for the eligible State, a State forester may enter into subcontracts to provide the restoration and protection services authorized under a cooperative agreement or contract entered into under paragraph (1). (5) Timber sales.--Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to services performed under a cooperative agreement or contract entered into under paragraph (1). (6) Retention of nepa responsibilities.--Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any restoration and protection services to be provided under this section by a State forester on National Forest System land shall not be delegated to a State forester or any other officer or employee of the eligible State. (7) Applicable law.--The restoration and protection services to be provided under this section shall be carried out on a project-to-project basis under existing authorities of the Forest Service.

National Forest Emergency Response Act - Declares that the fire hazard and human endangerment in national forests to be designated by the Secretary of Agriculture constitute emergency circumstances. Directs the Secretary to designate (for up to 10 years) at least one national forest in each state that is experiencing conditions that constitute emergency circumstances due to pine beetle infestation, drought, disease, or storm damage and the resulting imminent risk of devastating wildfire that poses significant threat to the economic stability of surrounding areas and the health, safety, and well-being of residents, firefighters, and visitors. Makes provisions of the Healthy Forests Restoration Act regarding hazardous fuel reduction on federal land (including environmental analysis requirements, the special administrative review process, and the judicial review process) applicable to all Forest Service projects and activities implementing the land and resource management plan developed for the designated national forests during the term of the emergency circumstances, subject to specified modifications by the Secretary. Requires a project conducted in a designated national forest under this Act that comprises less than 10,000 acres (with exceptions, including components of the National Wilderness Preservation System, any federal land on which the removal of vegetation is restricted or prohibited by Act of Congress or presidential proclamation, or a congressionally designated wilderness study area) to be considered an action categorically excluded from the requirements for an environmental assessment or an environmental impact statement. Prohibits a U.S. court from issuing any restraining order, preliminary injunction, or injunction pending appeal regarding any decision to engage in remedial action or to prepare, advertise, offer, award, or operate a timber sale in a designated forest. Authorizes the Secretary to enter into a cooperative agreement or contract with a state forester to provide forest, rangeland, and watershed restoration and protection services on national forest system land in that state.

To respond to the extreme fire hazard and unsafe conditions resulting from pine beetle infestation, drought, disease, or storm damage by declaring a state of emergency and directing the Secretary of Agriculture to immediately implement hazardous fuels reduction projects in the manner provided in title I of the Healthy Forests Restoration Act of 2003, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Water Research and Development Initiative Act of 2008''. SEC. 2. NATIONAL WATER RESEARCH AND DEVELOPMENT INITIATIVE. (a) Initiative and Purpose.--The President shall implement a National Water Research and Development Initiative (in this Act referred to as the ``Initiative''). The purpose of the Initiative is to improve the Federal Government's role in designing and implementing Federal water research, development, demonstration, data collection and dissemination, education, and technology transfer activities to address changes in water use, supply, and demand in the United States, including providing additional support to increase water supply through greater efficiency and conservation. (b) Interagency Committee.-- (1) In general.--Not later than 3 months after the date of enactment of this Act, the President shall establish, or designate, an interagency committee to implement the Initiative under subsection (a). The Office of Science and Technology Policy shall chair the interagency committee. (2) Composition.--The interagency committee shall include a representative from each agency that conducts research related to water or has authority over resources that affect water supply, as well as a representative from the Office of Management and Budget. (3) Functions of the interagency committee.--The interagency committee shall-- (A) develop a National Water Research and Assessment Plan (in this Act referred to as the ``plan'') in accordance with subsection (c); (B) coordinate all Federal research, development, demonstration, data collection and dissemination, education, and technology transfer activities pertaining to water; (C) ensure cooperation among Federal agencies with respect to water-related research, development, and technological innovation activities to avoid duplication of effort and to ensure optimal use of resources and expertise; and (D) facilitate technology transfer, communication, and opportunities for information exchange with non- governmental organizations, State and local governments, industry, and other members of the stakeholder community through the office established in paragraph (4). (4) National water initiative coordination office.-- (A) In general.--Not later than 3 months after the date of enactment of this Act, the President shall establish a National Water Initiative Coordination Office (in this Act referred to as the ``Office''), with full-time staff, to-- (i) provide technical and administrative support to the interagency committee; (ii) serve as a point of contact on Federal water activities for government agencies, organizations, academia, industry, professional societies, and others to exchange technical and programmatic information; and (iii) communicate with the public on the findings and recommendations of the interagency committee based on the activities conducted pursuant to the Initiative. (B) Funding.--The operation of the Office shall be supported by funds contributed from each agency represented on the interagency committee. (c) National Water Research and Assessment Plan.-- (1) Plan development.--The plan required under subsection (b)(3)(A) shall establish the priorities for Federal water research, including federally funded research, and assessment for the 4-year period beginning in the year in which the plan is submitted to Congress. In the development of the plan, the Committee shall consider and utilize recommendations and information in reports that have addressed water research needs, including the 2007 report issued by the Subcommittee on Water Availability and Quality (SWAQ) of the National Science and Technology Council's Committee on Environment and Natural Resources and recommendations of the National Academy of Sciences. (2) Specific requirements.--The plan shall-- (A) identify each current program and activity of each Federal agency related to the Initiative; (B) identify funding levels for the previous fiscal year for each program and, if applicable, each activity identified in subparagraph (A); (C) set forth a strategy and a timeline to achieve the outcomes described in subsection (d) and shall describe-- (i) each activity required of each agency responsible for contributing to each such outcome; (ii) the funding levels necessary to achieve each such outcome; and (iii) the distribution of funds between each agency based on such agency's role in carrying out such activity; (D) be subject to a 90-day public comment period and shall address suggestions received and incorporate public input received, as appropriate; and (E) be submitted to Congress not later than 1 year after the date of enactment of this Act. (d) Water Research Outcomes.--The plan shall outline and direct agencies under the interagency committee to work to achieve the following outcomes: (1) Implementation of a National Water Census, which shall include the collection of data on national water resources to create a comprehensive database that includes information about the quantity, availability, and quality of ground water and surface water resources. (2) Development of a new generation of water monitoring techniques. (3) Development of technologies for enhancing reliable water supply. (4) Development of innovative technologies and tools to enhance water-use efficiency and tools to encourage public acceptance of such technologies. (5) Development of tools and processes to facilitate resolution of conflicts over water resources. (6) Improvement of understanding of water-related ecosystem services and ecosystem needs for water. (7) Improvement of hydrologic prediction models and their applications. (8) Analyses of the energy required to provide reliable water supplies and the water required to provide reliable energy supplies throughout the United States. (e) Advisory Committee.--The President shall establish, or designate, an advisory committee to advise the Interagency Committee established under subsection (b). SEC. 3. BUDGET COORDINATION. (a) In General.--The President shall provide guidance to each Federal agency participating in the Initiative with respect to the preparation of requests for appropriations for activities related to the plan. (b) Consideration in the President's Budget.--The President shall submit, at the time of the President's annual budget request to Congress, a description of those items in each agency's budget which are elements of the plan or help to achieve the outcomes of the plan. SEC. 4. ANNUAL REPORT. Concurrent with the annual submission of the President's budget to Congress, the President shall submit to Congress a report that describes the activities and results of the Initiative during the previous fiscal year and outlines the objectives for the next fiscal year. The report shall include detailed information on all programs and activities involved in the Initiative, including an analysis of progress towards achieving the outcomes listed in section 2(d).

National Water Research and Development Initiative Act of 2008 - Directs the President to implement a National Water Research and Development Initiative to improve the federal government's role in designing and implementing federal water research, development, demonstration, data collection and dissemination, education, and technology transfer activities to address changes in U.S. water use, supply, and demand. Directs the President to establish or designate an interagency committee to implement the Initiative, which shall: (1) develop a National Water Research and Assessment Plan; (2) coordinate all water-related federal research, development, demonstration, data collection and dissemination, education, and technology transfer activities; (3) ensure cooperation among federal agencies; and (4) facilitate technology transfer, communication, and opportunities for information exchange with various parties through a National Water Initiative Coordination Office (to be established by the President to provide technical and administrative support to the committee). Requires the Plan to: (1) establish priorities for federal water research; (2) identify each current program and activity related to the Initiative; (3) identify funding levels; (4) set forth a strategy and timeline to achieve specified desired outcomes, including implementation of a National Water Census; (5) address suggestions and incorporate public input received; and (6) be submitted to Congress within one year of enactment. Directs the President to: (1) provide guidance to each federal agency participating in the Initiative regarding the preparation of requests for appropriations for activities related to the Plan; and (2) submit, concurrent with the annual budget submission to Congress, a report that describes Initiative activities and results during the previous fiscal year and outlines objectives for the next fiscal year.

To implement a National Water Research and Development Initiative, and for other purposes.

SECTION 1. FINDINGS. Congress makes the following findings: (1) The United States has run persistent trade deficits since 1978, and many of such trade deficits since 2000 have been especially large. (2) There appeared to be some improvements in the United States trade balance in 2009, but this was during a time of global economic crisis, and the reduction in the United States trade deficit appears to be attributable to a shrinking United States demand for imports rather than an increase in United States exports. (3) Many of the trade deficits are structural--that is, with the same countries, year after year. In 2009, the United States continued to have significant merchandise trade deficits with the People's Republic of China ($226.8 billion), the European Union ($60.5 billion), Japan ($44.7 billion), and Mexico ($47.5 billion), notwithstanding the overall decline in the United States trade deficit. In fact, in 2009, China accounted for 44 percent of the United States merchandise trade deficit. (4) While the United States has one of the most open borders and economies in the world, the United States faces significant tariff and non tariff trade barriers with its trading partners. (5) The causes and consequences of the United States trade deficit must be documented and recommendations must be developed to expeditiously address structural imbalances in the trade deficit. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the Emergency Trade Deficit Commission (in this Act referred to as the ``Commission''). (b) Membership of Commission.-- (1) Composition.--The Commission shall be composed of 11 members, of whom-- (A) three persons shall be appointed by the President, of whom one shall be appointed to represent labor interests, one shall be appointed to represent small businesses, and one shall be appointed to represent manufacturing interests; (B) two persons shall be appointed by the President pro tempore of the Senate upon the recommendation of the Majority Leader of the Senate, after consultation with the Chairman of the Committee on Finance of the Senate; (C) two persons shall be appointed by the President pro tempore of the Senate upon the recommendation of the Minority Leader of the Senate, after consultation with the ranking minority member of the Committee on Finance of the Senate; (D) two persons shall be appointed by the Speaker of the House of Representatives, after consultation with the Chairman of the Committee on Ways and Means of the House of Representatives; and (E) two persons shall be appointed by the Minority Leader of the House of Representatives, after consultation with the ranking minority member of the Committee on Ways and Means of the House of Representatives. (2) Qualifications of members.-- (A) Presidential appointments.--Of the persons appointed under paragraph (1)(A), not more than one may be an officer, employee, or paid consultant of the executive branch. (B) Other appointments.--Persons appointed under subparagraph (B), (C), (D), or (E) of paragraph (1) shall be persons who-- (i) have expertise in economics, international trade, manufacturing, labor, environment, or business, or have other pertinent qualifications or experience; and (ii) are not officers or employees of the United States. (C) Other considerations.--In appointing members of the Commission, every effort shall be made to ensure that the members-- (i) are representative of a broad cross- section of economic and trade perspectives within the United States; and (ii) provide fresh insights to in identifying the causes and consequences of the United States trade deficit and developing recommendations to address structural trade imbalances. (c) Period of Appointment; Vacancies.-- (1) In general.--Members shall be appointed not later than 60 days after the date of the enactment of this Act and the appointment shall be for the life of the Commission. (2) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment was made. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Chairperson and Vice Chairperson.--The members of the Commission shall elect a chairperson and vice chairperson from among the members of the Commission. (g) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (h) Voting.--Each member of the Commission shall be entitled to one vote, which shall be equal to the vote of every other member of the Commission. SEC. 3. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall be responsible for examining the nature, causes, and consequences of the United States trade deficit and providing recommendations on how to address and reduce structural trade imbalances, including with respect to the United States merchandise trade deficit, in order to promote sustainable economic growth that provides broad-based income and employment gains. (b) Causes of U.S. Trade Deficit.--In examining the causes of the United States trade deficit, the Commission shall, among other things-- (1) identify and assess the impact of macroeconomic factors, including currency practices, foreign government purchases of United States assets, and savings and investment rates, including savings rates of foreign state-owned enterprises, on United States bilateral trade imbalances and global trade imbalances; (2) with respect to countries with which the United States has significant, persistent sectoral or bilateral trade deficits, assess with respect to the magnitude and composition of such trade deficits-- (A) the impact of tariff and non tariff barriers maintained by such countries and the lack of reciprocal market access as a result of such barriers; (B) the impact of investment, offset, and technology transfer requirements by such countries; (C) any impact due to the failure of such countries to adhere to internationally-recognized labor standards, including the extent to which such failure affects conditions of competition with the United States or the ability of consumers in such countries to buy United States goods and services; (D) any impact due to differences in levels of environmental protection and enforcement of environmental laws between such countries and the United States, including the extent to which such differences affect conditions of competition with the United States; (E) policies maintained by such countries that assist manufacturers in such countries, including the impact of such policies on manufacturers in the United States; and (F) the impact of border tax adjustments by such countries; (3) examine the impact of free trade agreements on the United States trade deficit; (4) examine the impact of investment flows both into and out of the United States on the trade deficit, including-- (A) the impact of United States outbound investment on the United States trade deficit and on standards of living and production in the United States; (B) the impact that the relocation of production facilities overseas has on the United States trade deficit, including by reviewing major domestic plant closures over an appropriate representative period to determine how much production terminated from such closures was relocated offshore; (C) the impact of foreign direct investment in the United States on the United States trade deficit and on standards of living and production in the United States; and (D) the impact of United States bilateral investment treaties, including bilateral investment treaties under negotiation, on the United States trade deficit; (5) examine the role and impact of imports of oil and other energy products on the United States trade deficit; and (6) assess the extent to which United States foreign policy interests influence United States economic and trade policies. (c) Consequences of U.S. Trade Deficit.--In examining the consequences of the United States trade deficit, the Commission shall, among other things-- (1) identify and, to the extent practicable, quantify the impact of the trade deficit on the overall domestic economy, and, with respect to different sectors of the economy, on manufacturing capacity, on the number and quality of jobs, on wages, and on health, safety, and environmental standards; (2) assess the effects the trade deficits in the areas of manufacturing and technology have on defense production and innovation capabilities of the United States; and (3) assess the impact of significant, persistent trade deficits, including sectoral and bilateral trade deficits, on United States economic growth. (d) Recommendations.--In making recommendations, the Commission shall, among other things-- (1) identify specific strategies for achieving improved trade balances with those countries with which the United States has significant, persistent sectoral or bilateral trade deficits; (2) identify United States trade policy tools including enforcement mechanisms that can be more effectively used to address the underlying causes of structural trade deficits; (3) identify domestic and trade policies that can enhance the competitiveness of United States manufacturers domestically and globally, including those policies of the United States and other countries that have been successful in promoting competitiveness; (4) address ways to improve the coordination and accountability of Federal departments and agencies relating to trade; and (5) examine ways to improve the adequacy of the collection and reporting of trade data, including identifying and developing additional databases and economic measurements that may be needed to properly assess the causes and consequences of the United States trade deficit. SEC. 4. REPORT. (a) Report.--Not later than 16 months after the date of the enactment of this Act, the Commission shall submit to the President and the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report that contains-- (1) the findings and conclusions of the Commission described in section 3; and (2) any recommendations for administrative and legislative actions as the Commission considers necessary. (b) Separate Views.--Any member of the Commission may submit additional findings and recommendations as part of the report. SEC. 5. POWERS OF COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. The Commission shall hold at least seven public hearings, one or more in Washington, D.C., and four in different regions of the United States. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal departments and agencies. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of duties of the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. AUTHORIZATION OF APPROPRIATIONS; GAO AUDIT. (a) In General.--There are authorized to be appropriated $2,000,000 to the Commission to carry out this Act. (b) GAO Audit.--Not later than 6 months after the date on which the Commission terminates, the Comptroller General of the United States shall complete an audit of the financial books and records of the Commission and shall submit a report on the audit to the President and the Congress. SEC. 8. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after the date on which the Commission submits its report under section 4(a). Passed the House of Representatives July 28, 2010. Attest: LORRAINE C. MILLER, Clerk.

Establishes the Emergency Trade Deficit Commission to examine, and report to the President and Congress on, the causes of the U.S. trade deficit, together with recommendations on how to address and reduce trade imbalances, such as the U.S. merchandise trade deficit, in order to promote sustainable economic growth that provides broad-based income and employment gains. Authorizes appropriations.

To establish the Emergency Trade Deficit Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Surface Transportation Board Reform Act of 2003''. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--RAILROAD COMPETITION Sec. 101. Clarification of rail transportation policy. Sec. 102. Fostering rail to rail competition. Sec. 103. Simplified relief process for small captive grain shippers. Sec. 104. Competitive rail service in terminal areas. Sec. 105. Simplified standards for market dominance. Sec. 106. Revenue adequacy determinations. Sec. 107. Rail carrier service quality performance reports. TITLE II--MISCELLANEOUS Sec. 201. Effect of mergers on local communities and rail passenger transportation. Sec. 202. Use of facilities by commuter authorities. Sec. 203. Side tracks. Sec. 204. Public availability of water carrier tariffs. TITLE III--AUTHORIZATION OF APPROPRIATIONS Sec. 301. Authorization of appropriations. TITLE I--RAILROAD COMPETITION SEC. 101. CLARIFICATION OF RAIL TRANSPORTATION POLICY. Section 10101 of title 49, United States Code, is amended-- (1) by inserting ``(a) In General.--'' before ``In regulating''; and (2) by adding at the end the following: ``(b) Primary Objectives.--The primary objectives of the rail transportation policy of the United States shall be-- ``(1) to ensure effective competition among rail carriers at origin and destination; ``(2) to maintain reasonable rates in the absence of effective competition; ``(3) to maintain consistent and efficient rail transportation service to shippers, including the timely provision of railcars requested by shippers; and ``(4) to ensure that smaller carload and intermodal shippers are not precluded from accessing rail systems due to volume requirements.''. SEC. 102. FOSTERING RAIL TO RAIL COMPETITION. (a) Establishment of Rate.--Section 11101(a) of title 49, United States Code, is amended by inserting after the first sentence the following: ``Upon the request of a shipper, a rail carrier shall establish a rate for transportation and provide service requested by the shipper between any two points on the system of that carrier where traffic originates, terminates, or may reasonably be interchanged. A carrier shall establish a rate and provide service upon such request without regard to-- ``(1) whether the rate established is for only part of a movement between an origin and a destination; ``(2) whether the shipper has made arrangements for transportation for any other part of that movement; or ``(3) whether the shipper currently has a contract with any rail carrier for part or all of its transportation needs over the route of movement. If such a contract exists, the rate established by the carrier shall not apply to transportation covered by the contract.''. (b) Review of Reasonableness of Rates.--Section 10701(d) of title 49, United States Code, is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: ``(3) A shipper may challenge the reasonableness of any rate established by a rail carrier in accordance with section 11101(a) or with subsection (c) of this section. The Board shall determine the reasonableness of the rate so challenged without regard to-- ``(A) whether the rate established is for only part of a movement between an origin and a destination; ``(B) whether the shipper has made arrangements for transportation for any other part of that movement; or ``(C) whether the shipper currently has a contract with a rail carrier for any part of the rail traffic at issue, provided that the rate prescribed by the Board shall not apply to transportation covered by such a contract.''. SEC. 103. SIMPLIFIED RELIEF PROCESS FOR SMALL CAPTIVE GRAIN SHIPPERS. (a) Limitation on Fees.--Notwithstanding any other provision of law, the Surface Transportation Board shall not impose fees in excess of $1,000 for services collected from an eligible facility in connection with rail maximum rate complaints under part 1002 of title 49, Code of Federal Regulations. (b) Simplified Rate and Service Relief.--Section 10701 of title 49, United States Code, is amended by adding at the end thereof the following: ``(e) Simplified Rates and Services.-- ``(1) In general.--Notwithstanding any other provision of law, a rail carrier may not charge a rate for shipments from or to an eligible facility which results in a revenue-to-variable cost percentage, using system average costs, for the transportation service to which the rate applies that is greater than 180 percent. ``(2) Acceptance of requests.--Notwithstanding any other provision of law, a rail carrier shall accept all requests for grain service from an eligible facility up to a maximum of 110 percent of the grain carloads shipped from or to the facility in the immediately preceding calendar year. If, in a majority of instances, a rail carrier does not in any 45-day period, supply the number of grain cars so ordered by an eligible facility or does not initiate service within 30 days of the reasonably specified loading date, the eligible facility may request that an alternative rail carrier provide the service using the tracks of the original carrier. If the alternative rail carrier agrees to provide such service, and such service can be provided without substantially impairing the ability of the carrier whose tracks reach the facility to use such tracks to handle its own business, the Board shall order the alternative carrier to commence service and to compensate the other carrier for the use of its tracks. The alternative carrier shall provide reasonable compensation to the original carrier for the use of the original carrier's tracks. ``(3) Cancellation penalties.--A carrier may accept car orders under paragraph (2) subject to reasonable penalties for service requests that are canceled by the requester. If the carrier fills such orders more than 15 days after the reasonably specified loading date, the carrier may not assess a penalty for canceled car orders. ``(4) Damages.--A rail carrier that fails to provide service under the requirements of paragraph (2) is liable for damages to an eligible facility that does not have access to an alternative carrier, including lost profits, attorney's fees, and any other consequences attributable to the carrier's failure to provide the ordered service. A claim for such damage may be brought in an appropriate United States District Court or before the Board. ``(5) Timetable for board proceeding.--The Board shall conclude any proceeding brought under this subsection no later than 180 days from the date a complaint is filed. ``(6) Definitions.--In this subsection: ``(A) Eligible facility.--The term `eligible facility' means a shipper facility that-- ``(i) is the origin or destination for not more than 4,000 carloads annually of grain as defined in section 3(g) of the United States Grain Standards Act (7 U.S.C. 75(g)); ``(ii) is served by a single rail carrier at its origin; ``(iii) has more than 60 percent of the facility's inbound or outbound grain and grain product shipments (excluding the delivery of grain to the facility by producers), measured by weight or bushels moved via a rail carrier in the immediately preceding calendar year; and ``(iv) the rate charged by the rail carrier for the majority of shipments of grain and grain products from or to the facility, excluding premium for special service programs, results in a revenue-to-variable cost percentage, using system average costs, for the transportation to which the rate applies that is equal to or greater than 180 percent. ``(B) Reasonable compensation.--The term `reasonable compensation' shall mean an amount no greater than the total shared costs of the original carrier and the alternative carrier incurred, on a usage basis, for the provision of service to an eligible facility. If the carriers are unable to agree on compensation terms within 15 days after the facility requests service from the alternative carrier, the alternative carrier or the eligible facility may request the Board to establish the compensation and the Board shall establish the compensation within 45 days after such request is made. ``(C) Original carrier.--The term `original carrier' means a rail carrier which provides the only rail service to an eligible facility using its own tracks or provides such service over an exclusive lease of the tracks serving the eligible facility. ``(D) Alternative carrier.--The term `alternative carrier' means a rail carrier that is not an original carrier to an eligible facility.''. SEC. 104. COMPETITIVE RAIL SERVICE IN TERMINAL AREAS. (a) Trackage Rights.--Section 11102(a) of title 49, United States Code, is amended-- (1) by striking ``may'' in the first sentence and inserting ``shall''; (2) by inserting after ``business.'' the following: ``In making this determination, the Board shall not require evidence of anticompetitive conduct by the rail carrier from which access is sought.''; and (3) by striking ``may'' in the next-to-last sentence and inserting ``shall''. (b) Reciprocal Switching.--Section 11102(c)(1) of title 49, United States Code, is amended-- (1) by striking ``may'' in the first sentence and inserting ``shall''; (2) by inserting after ``service.'' the following: ``In making this determination, the Board shall not require evidence of anticompetitive conduct by the rail carrier from which access is sought.''; and (3) by striking ``may'' in the last sentence and inserting ``shall''. SEC. 105. SIMPLIFIED STANDARDS FOR MARKET DOMINANCE. Section 10707(d)(1)(A) of title 49, United States Code, is amended by adding at the end thereof the following: ``The Board shall not consider evidence of product or geographic competition in making a market dominance determination under this section.''. SEC. 106. REVENUE ADEQUACY DETERMINATIONS. (a) Rail Transportation Policy.--Section 10101(a)(3) of title 49, United States Code (as so redesignated by section 101 of this Act), is amended by striking ``revenues, as determined by the Board;'' and inserting ``revenues;''. (b) Standards for Rates.--Section 10701(d)(2) of title 49, United States Code, is amended by striking ``revenues, as established by the Board under section 10704(a)(2) of this title'' and inserting ``revenues''. (c) Revenue Adequacy Determinations.--Section 10704(a) of title 49, United States Code, is amended-- (1) by striking ``(a)(1)'' and inserting ``(a)''; and (2) by striking paragraphs (2) and (3). SEC. 107. RAIL CARRIER SERVICE QUALITY PERFORMANCE REPORTS. (a) In General.--Chapter 5 of subtitle I of title 49, United States Code, is amended by adding at the end thereof the following: ``SUBCHAPTER III--PERFORMANCE REPORTS ``Sec. 541. Rail carrier service quality performance reports ``(a) In General.--The Secretary of Transportation shall require, by regulation, each rail carrier to submit a monthly report to the Secretary, in such uniform format as the Secretary may by regulation prescribe, containing information about-- ``(1) its on-time performance; ``(2) its car availability deadline performance; ``(3) its average train speed; ``(4) its average terminal dwell time; ``(5) the number of its cars loaded (by major commodity group); and ``(6) such other aspects of its performance as a rail carrier as the Secretary may require. ``(b) Information Furnished to STB; the Public.--The Secretary shall furnish a copy of each report required under subsection (a) to the Surface Transportation Board no later than the next business day following its receipt by the Secretary, and shall make each such report available to the public. ``(c) Annual Report to the Congress.--The Secretary shall transmit to the Congress an annual report based upon information received by the Secretary under this section. ``(d) Definitions.--In this section, the definitions in section 10102 apply.''. (b) Conforming Amendment.--The chapter analysis for chapter 5 of subtitle I of title 49, United States Code, is amended by adding at the end thereof the following: ``SUBCHAPTER III--PERFORMANCE REPORTS ``541. Rail carrier service quality performance reports.''. TITLE II--MISCELLANEOUS SEC. 201. EFFECT OF MERGERS ON LOCAL COMMUNITIES AND RAIL PASSENGER TRANSPORTATION. Section 11324 of title 49, United States Code, is amended-- (1) in subsection (b)-- (A) by striking ``and'' at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting a semicolon; and (C) by adding at the end the following new paragraphs: ``(6) the safety and environmental effects of the proposed transaction, including the effect on local communities, and the public interest in enforcing Federal, State, and local safety and environmental laws; and ``(7) the effect of the proposed transaction on rail passenger transportation.''; and (2) in subsection (c), by inserting ``The Board shall impose conditions under this subsection to mitigate the effects of the transaction on local communities when such conditions are in the public interest. In imposing such conditions, the Board shall consider the effect of those conditions on local communities, and shall consider the public interest in the enforcement of Federal, State, and local safety and environmental laws.'' after ``effects are alleviated.''. SEC. 202. USE OF FACILITIES BY COMMUTER AUTHORITIES. (a) Amendment.--Chapter 241 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 24105. Use of facilities by commuter authorities ``A commuter authority may make an agreement with a rail carrier or regional transportation authority to use facilities of, and have services provided by, the carrier or authority in the same manner and under the same conditions as may Amtrak under section 24308. In carrying out this section, the Board shall ensure that commuter authorities are able to provide commuter rail passenger transportation that develops the potential of modern rail transportation to meet the commuter rail passenger transportation needs of the United States.''. (b) Table of Sections.--The table of sections for such chapter 241 is amended by adding at the end the following new item: ``24105. Use of facilities by commuter authorities.''. SEC. 203. SIDE TRACKS. Section 10906 of title 49, United States Code, and the item relating thereto in the table of sections of chapter 109 of that title, are repealed. SEC. 204. PUBLIC AVAILABILITY OF WATER CARRIER TARIFFS. Section 13702(b) of title 49, United States Code, is amended-- (1) by amending paragraph (1) to read as follows: ``(1) Tariff availability.--A carrier providing transportation or service described in subsection (a)(1) shall make its tariffs available electronically to any person, without time, quantity, or other limitation, through appropriate access from remote locations, and a reasonable charge may be assessed for such access. No charge may be assessed a Federal agency for such access.''; (2) in paragraph (3), by striking ``tariff filings'' and inserting ``tariffs''; (3) in paragraph (4), by striking ``filed under this subsection''; and (4) in paragraph (5), by striking ``filing complete tariffs under this subsection'' and inserting ``changing their complete electronic tariffs''. TITLE III--AUTHORIZATION OF APPROPRIATIONS SEC. 301. AUTHORIZATION OF APPROPRIATIONS. Section 705 of title 49, United States Code, is amended by striking paragraphs (1) through (3) and inserting the following: ``(1) $20,000,000 for fiscal year 2004; ``(2) $25,000,000 for fiscal year 2005; and ``(3) $27,000,000 for fiscal year 2006.''.

Surface Transportation Board Reform Act of 2003 - Declares as primary objectives for U.S. rail transportation policy: (1) ensuring effective competition among rail carriers at origin and destination; (2) maintaining reasonable rates in the absence of such competition; (3) maintaining consistent and efficient rail transportation service to shippers, including the timely provision of railcars requested by them; and (4) ensuring that smaller carload and intermodal shippers are not precluded from assessing rail systems due to volume requirements. Requires a rail carrier, upon a shipper's request, to establish a rail transportation rate. Requires the Surface Transportation Board, if a shipper challenges the reasonableness of such a rate, to then determine its reasonableness without regard to specified factors.Sets forth certain requirements with respect to: (1) acceptance of requests for grain service by rail carriers; and (2) the Board's mandate to require terminal facilities owned by a rail carrier providing rail transportation to be used by another rail carrier. Requires the Board in a proceeding involving the approval of the merger or control of at least two Class I railroads to consider, among other things, at least the: (1) safety and environmental effects of the proposed transaction; and (2) the effect of such transaction on rail passenger transportation.Sets forth certain requirements with respect to: (1) the Board ensuring that commuter authorities are able to provide commuter rail passenger transportation that meets the commuter rail passenger transportation needs of the United States; and (2) water carriers making their tariffs containing the rates established for their transportation or service available electronically to any person.

To authorize appropriations for the Surface Transportation Board, to enhance railroad competition, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Office of Advocacy and Small Business Regulatory Reform Act of 2008''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to ensure that the Office of Advocacy of the Small Business Administration (referred to in this section as the ``Office'') has adequate financial resources to advocate for and on behalf of small business concerns; (2) to provide a separate authorization of appropriations for the Office; and (3) to enhance the role of the Office pursuant to chapter 6 of title 5, United States Code. SEC. 3. OFFICE OF ADVOCACY. (a) In General.--Section 203 of Public Law 94-305 (15 U.S.C. 634c) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(6) carry out the responsibilities of the Office of Advocacy under chapter 6 of title 5, United States Code.''. (b) Budgetary Line Item and Authorization of Appropriations.--Title II of Public Law 94-305 (15 U.S.C. 634a et seq.) is amended by striking section 207 and inserting the following: ``SEC. 207. BUDGETARY LINE ITEM AND AUTHORIZATION OF APPROPRIATIONS. ``(a) Appropriation Requests.--Each budget of the United States Government submitted by the President under section 1105 of title 31, United States Code, shall include a separate statement of the amount of appropriations requested for the Office of Advocacy of the Small Business Administration, which shall be designated in a separate account in the General Fund of the Treasury. ``(b) Administrative Operations.--The Administrator of the Small Business Administration shall provide the Office of Advocacy with appropriate and adequate office space at central and field office locations, together with such equipment, operating budget, and communications facilities and services as may be necessary, and shall provide necessary maintenance services for such offices and the equipment and facilities located in such offices. ``(c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this title. Any amount appropriated under this subsection shall remain available, without fiscal year limitation, until expended.''. SEC. 4. REGULATORY FLEXIBILITY REFORM FOR SMALL BUSINESSES. (a) Requirements Providing for More Detailed Analyses.-- (1) Initial regulatory flexibility analysis.--Section 603 of title 5, United States Code, is amended by adding at the end the following: ``(d) An agency shall notify the Chief Counsel for Advocacy of the Small Business Administration of any draft rules that may have a significant economic impact on a substantial number of small entities either-- ``(1) when the agency submits a draft rule to the Office of Information and Regulatory Affairs at the Office of Management and Budget under Executive Order 12866, if that order requires such submission; or ``(2) if no submission to the Office of Information and Regulatory Affairs is so required, at a reasonable time prior to publication of the rule by the agency.''. (2) Final regulatory flexibility analysis.-- (A) Inclusion of response to comments on certification of proposed rule.--Section 604(a)(2) of title 5, United States Code, is amended by inserting ``(or certification of the proposed rule under section 605(b))'' after ``initial regulatory flexibility analysis''. (B) Inclusion of response to comments filed by chief counsel for advocacy.--Section 604(a) of title 5, United States Code, is amended-- (i) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and (ii) by inserting after paragraph (2) the following: ``(3) the response of the agency to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration in response to the proposed rule, and a detailed statement of any changes made to the proposed rule in the final rule as a result of such comments;''. (C) Publication of analyses on website.-- (i) Initial regulatory flexibility analysis.--Section 603 of title 5, United States Code, as amended by this Act, is amended by adding at the end the following: ``(e) An agency shall publish any initial regulatory flexibility analysis required under this section on the website of the agency.''. (ii) Final regulatory flexibility analysis.--Section 604(b) of title 5, United States Code, is amended to read as follows: ``(b) The agency shall make copies of the final regulatory flexibility analysis available to the public, including placement of the entire analysis on the website, and shall publish in the Federal Register the final regulatory flexibility analysis, or a summary thereof that includes the telephone number, mailing address, and link to the website where the complete analysis may be obtained.''. (3) Cross-references to other analyses.--Section 605(a) of title 5, United States Code, is amended to read as follows: ``(a) A Federal agency shall be treated as satisfying any requirement regarding the content of an agenda or regulatory flexibility analysis under section 602, 603, or 604, if such agency provides in such agenda or analysis a cross-reference to the specific portion of another agenda or analysis that is required by any other law and which satisfies such requirement.''. (4) Certifications.--The second sentence of section 605(b) of title 5, United States Code, is amended by inserting ``detailed'' before ``statement''. (5) Quantification requirements.--Section 607 of title 5, United States Code, is amended to read as follows: ``Sec. 607. Quantification requirements ``In complying with sections 603 and 604, an agency shall provide-- ``(1) a quantifiable or numerical description of the effects of the proposed or final rule and alternatives to the proposed or final rule; or ``(2) a more general descriptive statement and a detailed statement explaining why quantification is not practicable or reliable.''. (b) Technical and Conforming Amendments.-- (1) Heading.--The heading of section 605 of title 5, United States Code, is amended to read as follows: ``Sec. 605. Incorporations by reference and certifications''. (2) Table of sections.--The table of sections for chapter 6 of title 5, United States Code, is amended-- (A) by striking the item relating to section 605 and inserting the following: ``605. Incorporations by reference and certifications.''; and (B) by striking the item relating to section 607 and inserting the following: ``607. Quantification requirements.''. SEC. 5. OVERSIGHT OF REGULATORY ENFORCEMENT. Section 30 of the Small Business Act (15 U.S.C. 657) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) by inserting ``(A)'' before ``Not later than''; (ii) by striking ``Nothing in this section is intended to replace'' and inserting the following: ``(B) Nothing in this section-- ``(i) is intended to replace''; (iii) by striking the period at the end and inserting ``; or''; and (iv) by adding at the end the following: ``(ii) may be construed to exempt an agency from providing relevant information to the Ombudsman upon request.''; (B) in paragraph (2)-- (i) in subparagraph (A)-- (I) by inserting ``(i)'' before ``work with each agency''; (II) by inserting ``fine, forfeiture,'' before ``or other enforcement related''; and (III) by adding at the end the following: ``or ``(ii) refer any substantiated comment to the affected agency for response to the Ombudsman;''; and (ii) by amending subparagraph (C) to read as follows: ``(C) based on cases that are substantiated by the Ombudsman, annually submit to Congress and affected agencies a report evaluating the enforcement activities of agency personnel, including-- ``(i) ratings of the responsiveness to small business concerns; and ``(ii) a description of the policies, actions, and activities impacting small business concerns described in subparagraph (A), for each Federal agency and regional or program office of each Federal agency, as determined appropriate by the Ombudsman.''; (2) in subsection (d)(1), by inserting ``, in coordination with the Ombudsman,'' after ``hold such hearings''; and (3) by adding at the end the following: ``(e) The Board shall coordinate with the Ombudsman regarding any official correspondence to be sent by the Board.''.

Independent Office of Advocacy and Small Business Regulatory Reform Act of 2008 - Requires the Office of Advocacy (Office) of the Small Business Administration (SBA) to carry out responsibilities concerning the analysis of regulatory functions, including regulatory flexibility analyses. Requires: (1) each federal budget to include a separate statement of the amount requested for the Office, designated in a separate account in the General Fund of the Treasury; and (2) the SBA Administrator to provide the Office with appropriate and adequate office space, together with necessary equipment, operating budget, and communications facilities and services, and to provide necessary maintenance services for such offices and equipment. Requires: (1) each federal agency to notify the SBA's Chief Counsel for Advocacy of any agency draft rules that may have a significant impact on a substantial number of small businesses; (2) each agency's final regulatory analysis of a final rule to include the agency's response to any comments of the Chief Counsel for Advocacy with respect to that rule, as well as changes made as a result of such comments; and (3) agencies to make final regulatory flexibility analyses available to the public, including on a website.

A bill to ensure the independent operation of the Office of Advocacy of the Small Business Administration, ensure complete analysis of potential impacts on small entities of rules, and for other purposes.

SECTION 1. CREDIT FOR DONATION OF LICENSE AND OTHER ASSETS OF COMMERCIAL RADIO BROADCASTING STATIONS TO NONPROFIT CORPORATIONS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to general business credits) is amended by adding at the end the following new section: ``SEC. 45E. CREDIT FOR DONATION OF LICENSE AND OTHER ASSETS OF COMMERCIAL RADIO BROADCASTING STATION TO CERTAIN NONPROFIT CORPORATIONS. ``(a) Radio Broadcasting Station Donation Credit.--For purposes of section 38, the radio broadcasting station donation credit is an amount equal to the sum of-- ``(1) 125 percent of the fair market value of a radio broadcasting commercial license which is donated to a qualified recipient, ``(2) 100 percent of the fair market value of any radio broadcasting station assets, including equipment and other real property owned by the station, which are donated to the same qualified recipient, and ``(3) the total amount deposited into an operations escrow fund established by the donor of the license and assets during the taxable year. ``(b) Qualified Recipient.--For purposes of this section, a qualified recipient is an entity which-- ``(1) is a corporation described in section 501(c)(3) which is exempt from taxation under section 501(a), ``(2) agrees to operate the radio broadcasting station being donated to it as a for-profit venture, with profits dedicated to the support of non-profit fine arts and performing arts organizations in its service area, ``(3) has at least 3 arts organizations from its service area on its board of trustees, or on a board of trustees of a subsidiary established to oversee operation of the radio broadcasting station, ``(4) agrees that, in the event that it ceases operation of the radio broadcasting station-- ``(A) it will not sell the station to a for-profit broadcaster under any circumstances, and ``(B) it will either-- ``(i) transfer the license to another corporation described in section 501(c)(3) which is exempt from taxation under section 501(a) and which agrees to continue operation of the station for the support of nonprofit fine arts and performing arts organizations in its service area, or ``(ii) surrender the license to the Federal Communications Commission. ``(c) Operations Escrow Fund.-- ``(1) In general.--For purposes of this section, an operations escrow fund is a fund established by a taxpayer who has donated a radio broadcasting commercial license or radio broadcasting station assets to a qualified recipient for the purpose of covering operating expenses during the recipient's first year of operation of the radio broadcasting station if the station's revenues are not adequate to cover such expenses. An operations escrow fund may be established only if the qualified recipient is not able to meet the financial responsibility requirement of the Federal Communications Commission. ``(2) Recapture of credit for amounts remaining in escrow fund.--In any case in which there is an amount remaining in an operations escrow fund after the first year of operation of the radio broadcasting station for which the fund was established, such amount (not including any interest that accrued on the amount in the fund) shall be added to the tax imposed by this chapter on the taxpayer for the taxpayer's taxable year which includes the end of such first year of operation. ``(d) Special Rules in Case of Surrender of License to FCC.--If a qualified recipient surrenders its donated radio broadcasting license to the Federal Communications Commission, the Commission shall notify the donor of the license that the donor may, within 6 months after such notification, post a bond equal to the amount of the tax credit under subsection (a) that it received for donating the station, plus interest. After such a bond is posted, the donor may apply for the license. If the Commission approves the donor's application for the license, the bond shall be used in lieu of an auction fee. If the donor does not exercise its option within such six months, or waives its option earlier, the license shall be auctioned in the same manner as a new license. ``(e) Election.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year.''. (b) Conforming Amendments.-- (1) Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(14) the radio broadcasting station donation credit determined under section 45E(a).''. (2) No carryback before effective date.--Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following new paragraph: ``(10) No carryback of section 45e credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to any credit determined under section 45E may be carried back to a taxable year beginning before January 1, 2000.''. (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45E. Credit for donation of license and other assets of commercial radio broadcasting stations to certain nonprofit corporations.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Amends the Internal Revenue Code to allow income tax credits to the owner of a commercial radio station donating the station's license and other assets (a 125 percent credit for the license and a 100 percent credit for the assets) to a tax-exempt organization which agrees to operate the radio broadcasting station being donated to it as a for-profit venture, with profits dedicated to the support of non-profit fine arts and performing arts organizations in its service area.

To amend the Internal Revenue Code of 1986 to allow credits against income tax for an owner of a radio broadcasting station which donates the license and other assets of such station to a nonprofit corporation for purposes of supporting nonprofit fine arts and performing arts organizations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``Deamonte's Law'' . SEC. 2. FINDINGS. The Congress finds as follows: (1) The Centers for Disease Control and Prevention reports that tooth decay in baby teeth has increased 15 percent among United States toddlers and preschoolers 2 to 5 years old, between 1988 to 1994 and 1994 to 2004. (2) During the period of 1999 to 2004, 28 percent of young children had experienced cavities. (3) Tooth decay is the single most common childhood chronic disease, and it disproportionately affects poor and minority children. (4) Eighty percent of dental decay occurs in just 25 percent of children. (5) Parents are 3 times more likely to report that their children's dental needs are unmet, when compared with general medical care needs. (6) While 9,000,000 of the children in this Nation do not have medical insurance, more than twice that number-- 20,000,000--do not have dental insurance. (7) The Department of Health and Human Services estimates that more than 31,000,000 people live in dental health provider shortage areas, and 4,650 additional dentists would be needed to meet the need that exists in those areas. (8) Health centers serve as the health care home for 16,000,000 individuals, including 5,200,000 children, aged 18 and under. (9) A significant number of health centers provide dental services, but in many instances those services are inadequate to meet the needs of low-income children in the communities they serve. SEC. 3. ACCESS TO DENTAL CARE PILOT PROGRAM. Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``SEC. 330M. ACCESS TO DENTAL CARE PILOT PROGRAM. ``(a) Grants.--The Secretary shall award grants to Federally qualified health centers to expand and improve the provision of pediatric dental services to medically underserved populations. ``(b) Use of Funds.--The Secretary may not make a grant to a Federally qualified health center under this section unless the center agrees to use the grant to expand and improve the provision of pediatric dental services to medically underserved populations by-- ``(1) recruiting dentists, pediatric dentists, or dentists with pediatric training to provide pediatric dental services to populations served by the center; ``(2) purchasing or renting equipment for the provision of dental services; ``(3) constructing and expanding physical space for the provision of dental services; or ``(4) allowing contractual relationships between Federally qualified health centers and private dental providers to increase access to dental care for adults and children. ``(c) Reports to Congress.--Not later than 1 year after the date of the enactment of this section, and annually thereafter, the Secretary shall conduct an evaluation of the activities funded through grants under this section and submit a report to the Congress on the results of such evaluation. ``(d) Definitions.--In this section: ``(1) The term `Federally qualified health center' has the meaning given to such term in section 1861(aa)(4) of the Social Security Act (42 U.S.C. 1395x(aa)(4)). ``(2) The term `pediatric dentist' means an individual who has successfully completed residency training from a pediatric dentistry program accredited by the Commission on Dental Accreditation. ``(e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2008 through 2013.''. SEC. 4. DENTISTRY WORKFORCE PILOT PROGRAM. Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) is amended by inserting after section 747 the following: ``SEC. 747A. DENTISTRY WORKFORCE PILOT PROGRAM. ``(a) Grants.--The Secretary shall make grants to schools of dentistry and hospitals with accredited training programs in pediatric dentistry to increase the number of individuals who pursue academic programs in pediatric dentistry. ``(b) Use of Funds.--The Secretary may not make a grant to a school of dentistry or a hospital under this section unless the school or hospital agrees to use the grant to increase the number of individuals who pursue academic programs in pediatric dentistry by-- ``(1) establishing, maintaining, or improving both pre- and post-doctoral academic programs in pediatric dentistry; ``(2) recruiting and training dental students to pursue training in pediatric dentistry; ``(3) strengthening training in pediatric dentistry within advanced education in general dentistry and general practice dentistry residencies in dentistry programs; or ``(4) recruiting and training practicing dentists through continuing education programs in pediatric dentistry. ``(c) Reports to Congress.--Not later than 1 year after the date of the enactment of this section, and annually thereafter, the Secretary shall conduct an evaluation of the activities funded through grants under this section and submit a report to the Congress on the results of such evaluation. ``(d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2008 through 2013.''.

Deamonte's Law - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to federally qualified health centers to expand and improve the provision of pediatric dental services to medically underserved populations by: (1) recruiting dentists, pediatric dentists, or dentists with pediatric training to provide pediatric dental services; (2) purchasing or renting dental equipment; (3) constructing and expanding space; and (4) allowing contractual relationships between such health centers and private dental providers to increase access to dental care for adults. Requires the Secretary to make grants to schools of dentistry and hospitals with accredited training programs to increase the number of individuals who pursue academic programs in pediatric dentistry by: (1) establishing, maintaining, or improving pre- and post-doctoral academic programs in pediatric dentistry; (2) recruiting and training dental students to pursue training in pediatric dentistry; (3) strengthening training in pediatric dentistry within advanced education in general dentistry and general practice residencies in dentistry programs; or (4) recruiting and training practicing dentists through continuing education programs in pediatric dentistry.

To amend the Public Health Service Act to expand and improve the provision of pediatric dental services to medically underserved populations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Use of Assisted Housing by Aliens Act of 1995''. SEC. 2. ACTIONS IN CASES OF TERMINATION OF FINANCIAL ASSISTANCE. (a) In General.--Section 214(c)(1) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(c)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``may, in its discretion,'' and inserting ``shall''; (2) in subparagraph (A), by inserting after the period at the end the following new sentence: ``Financial assistance continued under this subparagraph for a family may be provided only on a prorated basis under which the amount of financial assistance is based on the percentage of the total number of members of the family that are eligible for such assistance under the program for financial assistance and this section.''; and (3) in subparagraph (B), by striking ``6-month period'' and all that follows through ``affordable housing'' and inserting ``single 3-month period''. (b) Scope of Application.--The amendment made by subsection (a)(3) shall apply to any deferral granted under section 214(c)(1)(B) of the Housing and Community Development Act of 1980 on or after the date of the enactment of this Act, including any renewal of any deferral initially granted before such date of enactment, except that a public housing agency or other entity referred to in such section 214(c)(1)(B) may not renew, after such date of enactment, any deferral which was granted under such section before such date and has been effective for at least 3 months on and after such date. SEC. 3. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY FOR FINANCIAL ASSISTANCE. Section 214(d) of the Housing and Community Development Act of 1980 is amended-- (1) in the matter preceding paragraph (1), by inserting ``or to be'' after ``being''; (2) in paragraph (1)(A), by inserting at the end the following new sentences: ``If the declaration states that the individual is not a citizen or national of the United States, the declaration shall be verified by the Immigration and Naturalization Service. If the declaration states that the individual is a citizen or national of the United States, the Secretary may request verification of the declaration by requiring presentation of documentation the Secretary considers appropriate, including a social security card, certificate of birth, driver's license, or other documentation.''; (3) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by striking ``on the date of the enactment of the Housing and Community Development Act of 1987'' and inserting ``or applying for financial assistance''; and (B) by inserting at the end the following new sentence: ``In the case of an individual applying for financial assistance, the Secretary may not provide such assistance for the benefit of the individual before such documentation is presented and verified under paragraph (3) or (4).''; (4) in paragraph (4)-- (A) in the matter preceding subparagraph (A), by striking ``on the date of the enactment of the Housing and Community Development Act of 1987'' and inserting ``or applying for financial assistance''; (B) in subparagraph (A)-- (i) in clause (i)-- (I) by inserting ``, not to exceed 30 days,'' after ``reasonable opportunity''; and (II) by striking ``and'' at the end; and (ii) by striking clause (ii) and inserting the following new clauses: ``(ii) in the case of any individual who is already receiving assistance, may not delay, deny, reduce, or terminate the individual's eligibility for financial assistance on the basis of the individual's immigration status until such 30-day period has expired, and ``(iii) in the case of any individual who is applying for financial assistance, may not deny the application for such assistance on the basis of the individual's immigration status until such 30-day period has expired; and''; (C) in subparagraph (B), by striking clause (ii) and inserting the following new clause: ``(ii) pending such verification or appeal, the Secretary may not-- ``(I) in the case of any individual who is already receiving assistance, delay, deny, reduce, or terminate the individual's eligibility for financial assistance on the basis of the individual's immigration status, and ``(II) in the case of any individual who is applying for financial assistance, deny the application for such assistance on the basis of the individual's immigration status, and''; (5) in paragraph (5), by striking all that follows ``satisfactory immigration status'' and inserting the following: ``, the Secretary shall-- ``(A) deny the individual's application for financial assistance or terminate the individual's eligibility for financial assistance, as the case may be; and ``(B) provide the individual with written notice of the determination under this paragraph.''; and (6) by striking paragraph (6) and inserting the following new paragraph: ``(6) The Secretary shall terminate the eligibility for financial assistance of an individual, for a period of not less than 24 months, upon determining that such individual has knowingly permitted another individual who is not eligible for such assistance to use the assistance (including residence in the unit assisted).''. SEC. 4. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING FINANCIAL ASSISTANCE ELIGIBILITY DETERMINATIONS. Section 214(e)(4) of the Housing and Community Development Act of 1980 is amended-- (1) in paragraph (2), by inserting ``or'' at the end; (2) in paragraph (3), by striking ``, or'' at the end and inserting a period; and (3) by striking paragraph (4). SEC. 5. SUSPENSION OF IMPLEMENTATION OF REGULATIONS. Notwithstanding any other provision of law, the regulations relating to restrictions on assistance to noncitizens, contained in the final rule issued by the Secretary of Housing and Urban Development in RIN 2501-AA63 (Docket No. R-95-1409; FR-2383-F-050), published in the Federal Register of March 20, 1995 (Vol. 60., No. 53; pp. 14824-14861), shall not apply on or after April 1, 1996, and the Secretary of Housing and Urban Development may not issue, implement, or enforce any regulation or guideline that is effective on or after such date that is substantially based upon such regulations unless such regulation or guideline is consistent with the provisions of section 214 of the Housing and Community Development Act of 1980, as amended by this Act.

Use of Assisted Housing by Aliens Act of 1995 - Amends the Housing and Community Development Act of 1980 with respect to certain housing assistance to aliens to: (1) make specified assistance termination procedures mandatory; (2) prorate continued assistance on the basis of individual eligibility; and (3) reduce the assistance termination deferment to a single three-month period. Sets forth verification of immigration status and financial assistance eligibility requirements, including penalties for permitting an ineligible person to use such assistance. Suspends the implementation of certain noncitizen housing assistance regulations and prohibits implementation of any related regulations that are inconsistent with the provisions of this Act.

Use of Assisted Housing by Aliens Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Vehicle Industry Competitiveness Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds the following: (1) A strong United States motor vehicle sector is critical to our international competitiveness and to the health of our industrial base. (2) The United States motor vehicle and motor vehicle parts industries directly employ 1,200,000 workers in high-paying jobs, and indirectly support another million jobs in supplier industries. (3) The United States motor vehicle industry accounts for 4.5 percent of the Gross National Product, 77 percent of the total consumption of the natural rubber industry, 67 percent of the lead industry, 40 percent of the machine tool industry, 25 percent of the glass industry, 20 percent of the semiconductor industry, 18 percent of the aluminum industry, and 12 percent of the steel industry. The United States motor vehicle industry also accounts for 12.4 percent of all corporate research and development. (4) United States motor vehicle makers have experienced serious financial difficulty over the past several years, with the Big Three losing $8,000,000,000 in 1991 alone. Hundreds of United States motor vehicle parts companies have gone out of business in the last several years, and tens of thousands of United States motor vehicle parts workers have lost their jobs. (5) The problems facing the United States motor vehicle sector are reflected in the trade deficit of that sector with Japan, which exceeded $30,000,000,000 in 1991 and accounted for almost half of the entire United States world trade deficit. (6) Despite years of negotiations through the MOSS process, United States motor vehicle parts companies have been excluded from the Japanese market, where they account for less than 1 percent of all sales. This trade imbalance, which has been caused in part by Japanese structural barriers such as keiretsu, poses a threat to the health of the United States motor vehicle parts industry, as well as to the many United States industries that supply the motor vehicle parts industry. (7) High health care costs have a significant impact of the competitiveness of United States motor vehicle makers. The Big Three must pass along to consumers as much as $700 more per car in health care costs than Japanese companies. (8) Worldwide excess capacity in the motor vehicle industry of several million units has put further pressure on the United States market and the United States motor vehicle industry. (9) Clear, broad-based government economic, trade, health and United States tax policies are needed to improve the competitiveness of the United States motor vehicle sector and to stem further job losses in these industries. SEC. 3. MOTOR VEHICLE INDUSTRY COMPETITIVENESS COMMISSION. (a) Establishment.--There is established the Motor Vehicle Industry Competitiveness Commission (hereinafter in this section referred to as the ``Commission''). (b) Functions.-- (1) Investigation and study.--The Commission shall make a complete investigation and study of the financial condition of the domestic motor vehicle sector, including the laws, regulations, and foreign trade barriers that pose impediments to its competitiveness. (2) Policy recommendations.--Based on the results of the investigation and study required to be conducted under paragraph (1), the Commission shall recommend to the President and Congress those policies that need to be adopted to-- (A) achieve the national goal of a strong and competitive motor vehicle sector; (B) facilitate the sales of United States-made motor vehicles and motor vehicle parts by improving competitiveness at home and opening markets abroad; (C) reduce the motor vehicle sector trade deficit with foreign countries, particularly Japan; (D) implement an industry-wide health care plan that helps relieve the burden of excessive health care costs on the motor vehicle and motor vehicle parts industries; and (E) promote job growth in the motor vehicle sector. (3) Specific issues.--In carrying out paragraph (1), the Commission shall specifically investigate and study the following: (A) The current financial condition of the motor vehicle industry and how the industry's financial condition is likely to change over the next 5 years, including-- (i) the profits or losses likely to be achieved by United States motor vehicle sector manufacturers (which term, for purposes of this Act, means motor vehicle manufacturers and motor vehicle parts manufacturers) over the next 5 years, and (ii) the market share gains or losses likely to be achieved by United States motor vehicle manufacturers in the United States and key markets abroad over the next 5 years. (B) The foreign barriers to export or foreign investment by United States motor vehicle sector manufacturers, especially in Japan. (C) The extent to which health care costs impede the competitiveness of United States motor vehicle sector manufacturers. (D) The extent to which the United States tax laws impede the competitiveness of United States motor vehicle sector manufacturers. (E) Whether the Federal Government should take any action with respect to United States trade or antitrust laws to open foreign markets to United States motor vehicle products, to open ``transplant'' facilities in the United States to United States motor vehicle parts, or to make the United States motor vehicle sector more competitive. (F) Whether the policies and strategies of the Federal Government have adequately addressed the competitiveness needs of the United States motor vehicle industry. (G) The potential impact of trade agreements or trade negotiations on employment in the United States industry. (H) The impact on the competitiveness of the United States motor vehicle industry of the 1989 Department of the Treasury ruling classifying multipurpose vehicles as cars instead of light trucks. (I) The impact of agreements involving other countries, including the European Community-Japan motor vehicle market-share arrangement, on the competitiveness of the United States motor vehicle industry. (J) Whether the Federal Government should take any legislative or administrative actions to improve the financial conditions of the United States motor vehicle industry. (K) The extent to which the manufacturing programs of the Federal Government, including those at the National Institute of Technology, of the Department of Commerce, can be better utilized to make the United States motor vehicle industry more competitive. (c) Membership.-- (1) Appointment.--The Commission shall be composed of 15 members as follows: (A) 3 members appointed by the President. (B) 3 members appointed by the Speaker of the House of Representatives. (C) 3 members appointed by the majority leader of the Senate. (D) 3 members appointed by the minority leader of the House of Representatives. (E) 3 members appointed by the Senate Republican Leader of the Senate. (2) Qualifications.--Appointments under paragraph (1) shall be made from among individuals who are experts in motor vehicle trade and economic policy, including individuals from organizations representing United States motor vehicle sector manufacturers and employees of those manufacturers and from the Federal, State, and local governments. (3) Terms.--Members shall be appointed for the life of the Commission. (4) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Pay.--Members shall serve without pay. (6) Chairman.--The Chairman of the commission shall be elected by the members. SEC. 4. ADMINISTRATIVE PROVISIONS. (a) Staff Assistance From Federal Agencies.--Upon request of the Commission, the head of any department or agency of the Untied States may detail any of the personnel of that department or agency to the Commission to assist it in carrying out its functions under this Act. (b) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services may provide the Commission with the administrative support services necessary for the Commission to carry out its functions under this Act. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information (other than information required by any statute of the United States to be kept confidential by such department or agency) necessary for the Commission to carry out its duties under this section. Upon request of the Commission, the head of that department or agency shall furnish such nonconfidential information to the Commission. (d) Report.--Not later than six months after the date on which the initial appointment of the members of the Commission is completed, the Commission shall transmit to the President and Congress a report on the activities of the Commission, including the recommendations required under section 3(b)(2). (e) Termination.--The Commission shall terminate on the one hundred and eightieth day following the date of transmittal of the report under subsection (d). All records and papers of the Commission shall thereupon be delivered by the Administrator of General Services for deposit in the National Archives.

Motor Vehicle Industry Competitiveness Act - Establishes the Motor Vehicle Industry Competitiveness Commission to study, and make policy recommendations to the President and the Congress, with respect to the financial condition of the domestic motor vehicle industry, including the laws, regulations, and foreign trade barriers that pose impediments to its competitiveness.

Motor Vehicle Industry Competitiveness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society Act'' or the ``CLASSICS Act''. SEC. 2. UNAUTHORIZED DIGITAL PERFORMANCE OF PRE-1972 SOUND RECORDINGS. (a) Amendment.--Title 17, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 14--UNAUTHORIZED DIGITAL PERFORMANCE OF PRE-1972 SOUND RECORDINGS ``Sec. ``1401. Unauthorized digital performance of pre-1972 sound recordings. ``Sec. 1401. Unauthorized digital performance of pre-1972 sound recordings ``(a) Unauthorized Acts.--Anyone who, prior to February 15, 2067, performs publicly by means of digital audio transmission a sound recording fixed before February 15, 1972, without the consent of the rights owner, shall be subject to the remedies provided in sections 502 through 505 to the same extent as an infringer of copyright. ``(b) Certain Unauthorized Transmissions.--Transmissions of sound recordings fixed before February 15, 1972, shall be considered authorized and with the consent of the rights owner for purposes of subsection (a), if-- ``(1) the transmissions are made by a transmitting entity publicly performing sound recordings protected under this title by means of digital audio transmissions subject to section 114; ``(2) the transmissions would satisfy the requirements for statutory licensing under section 114(d)(2) or would be exempt under section 114(d)(1), if the sound recordings were fixed on or after February 15, 1972; ``(3) in the case of transmissions that would not be exempt under section 114(d)(1) as described in paragraph (2), the transmitting entity pays statutory royalties and provides notice of its use of the relevant sound recordings in the same manner as required by regulations adopted by the Copyright Royalty Judges for sound recordings that are protected under this title; and ``(4) in the case of transmissions that would not be exempt under section 114(d)(1) as described in paragraph (2), the transmitting entity otherwise satisfies the requirements for statutory licensing under section 114(f)(4)(B). ``(c) Transmissions by Direct Licensing of Statutory Services.-- ``(1) In general.--A transmission of a sound recording fixed before February 15, 1972, shall be considered authorized and with the consent of the rights owner for purposes of subsection (a) if included in any license agreement voluntarily negotiated at any time between the rights owner and the entity performing the sound recording. ``(2) Payment of royalties to nonprofit agent.--To the extent that such a license extends to transmissions of sound recordings fixed before February 15, 1972, that satisfy the conditions of subsection (b), the licensee shall pay 50 percent of the performance royalties for the transmissions due under the license to the collective designated to distribute receipts from the licensing of transmissions in accordance with section 114(f), with such royalties fully credited as payments due under such license. ``(3) Distribution of royalties by nonprofit agent.--That collective shall distribute the royalties received pursuant to paragraph (2) in accordance with subparagraphs (B) through (D) of section 114(g)(2). Such payments shall be the sole payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the license. ``(4) Rule of construction.--This section does not prohibit any other license from directing the licensee to pay other royalties due to featured and nonfeatured artists for such transmissions to the collective designated to distribute receipts from the licensing of transmissions in accordance with section 114(f). ``(d) Relationship to State Law.-- ``(1) In general.--Nothing in this section shall be construed to annul or limit any rights or remedies under the common law or statutes of any State for sound recordings fixed before February 15, 1972, except, notwithstanding section 301(c), the following: ``(A) This section preempts claims of common law copyright or equivalent rights under the law of any State arising from digital audio transmissions of sound recordings fixed before February 15, 1972, made on and after the effective date of this section. ``(B) This section preempts claims of common law copyright or equivalent rights under the law of any State arising from reproductions of sound recordings fixed before February 15, 1972, made on and after the effective date of this section, for reproductions that would satisfy the requirements for statutory licensing under section 112(e)(1) and (6), if the sound recordings were fixed on or after February 15, 1972. ``(C) This section preempts claims of common law copyright or equivalent rights under the law of any State arising from digital audio transmissions and reproductions of sound recordings fixed before February 15, 1972, made before the effective date of this section, if-- ``(i) the digital audio transmissions and reproductions would have satisfied the requirements for statutory licensing under section 114(d)(2) or been exempt under section 114(d)(1), or would have satisfied the requirements of section 112(e)(1), respectively; and ``(ii) within 270 days after the effective date of this section, except in the case of transmissions that would have been exempt under section 114(d)(1), the transmitting entity pays statutory royalties and provides notice of the use of the relevant sound recordings in the same manner as required by regulations adopted by the Copyright Royalty Judges for sound recordings that are protected under this title for all the digital audio transmissions and reproductions satisfying the requirements for statutory licensing under section 114(d)(2) and section 112(e)(1) during the 3 years prior to the effective date of this section. ``(2) Rule of construction for common law copyright.--For purposes of subparagraphs (A) through (C) of paragraph (1), claims of common law copyright or equivalent rights under the law of any State include claims that characterize conduct subject to such subparagraphs as an unlawful distribution, act of record piracy, or similar violation. ``(3) Rule of construction for public performance rights.-- Nothing in this section shall be construed to recognize or negate the existence of public performance rights in sound recordings under the law of any State. ``(e) Limitations on Remedies.-- ``(1) Fair use; reproduction by libraries and archives.-- The limitations on the exclusive rights of a copyright owner described in sections 107 and 108 shall apply to a claim for unauthorized performance of a sound recording fixed before February 15, 1972, under subsection (a). ``(2) Actions.--The limitations on actions described in section 507 shall apply to a claim for unauthorized performance of a sound recording fixed before February 15, 1972, under subsection (a). ``(3) Material online.--The limitations on liability described in section 512 of this title shall apply to a claim for unauthorized performance of a sound recording fixed before February 15, 1972, under subsection (a). ``(4) Principles of equity.--Principles of equity apply to remedies for a violation of this section to the same extent as such principles apply to remedies for infringement of copyright. ``(f) Application of Section 230 Safe Harbor.--For purposes of section 230 of the Communications Act of 1934 (47 U.S.C. 230), subsection (a) shall be considered `intellectual property laws' under subsection (e)(2) of such section. ``(g) Rights Owner Defined.--In this section, the term `rights owner' means the person who has the exclusive right to reproduce a sound recording under the law of any State.''. (b) Technical and Conforming Amendment.--The table of chapters for title 17, United States Code, is amended by adding at the end the following new chapter: ``14. Unauthorized Digital Performance of Pre-1972 Sound 1401''. Recordings.

Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society Act or the CLASSICS Act This bill provides federal copyright protection for sound recordings fixed before February 15, 1972, specifically the right to make digital transmissions. Currently, pre-1972 recordings are only covered by state law. Pre-1972 recordings will fall within the existing compulsory license system for digital transmissions, which currently only cover post-1972 recordings. The bill preempts claims under state and common law for digital transmission of pre-1972 recordings.

Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intern Protection Act''. SEC. 2. DEFINITIONS. As used in this Act-- (1) Commission.--The term ``Commission'' means the Equal Employment Opportunity Commission. (2) Employer.--The term ``employer'' means-- (A) a person engaged in an industry affecting commerce (as defined in section 701(h) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(h))) who has 15 or more employees (as defined in subparagraphs (A)(i) and (B) of paragraph (3)) for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but does not include a bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501(c) of the Internal Revenue Code of 1986; (B) an employing authority to which section 302(a)(1) of the Government Employee Rights Act of 1991 applies; (C) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 or section 411(c) of title 3, United States Code; or (D) an entity to which section 717(a) of the Civil Rights Act of 1964 applies. (3) Disability.--The term ``disability'' has the meaning given such term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). (4) Gender identity.--The term ``gender identity'' means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth. (5) Intern.--The term ``intern'' means an individual who performs work for an employer, whether paid or unpaid for the purpose of training under the following circumstances: (A) The employer is not committed to hire the individual performing the work at the conclusion of the training period. (B) The work performed-- (i) provides or supplements training that may enhance the employability of the intern; (ii) provides experience for the benefit of the individual performing the work; (iii) does not displace regular employees; and (iv) is performed under the close supervision of existing staff. (6) Internship.--The term ``internship'' means a position or job with an employer that is filled by an intern. (7) Military status.--The term ``military status'' means an individual's status as a member of the Armed Forces or a veteran. (8) Predisposing genetic characteristics.--The term ``predisposing genetic characteristics'' means, with respect to an individual, any information revealed by a genetic test of the individual or a family member of the individual, or the manifestation of a disease or disorder in any family member of the individual. (9) Religion.--The term ``religion'' has the meaning given such term in section 701(j) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(j)). (10) Sex.--The term ``sex'' includes all of the aspects related to sex described in the term ``because of sex'' defined in section 701(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(k)). (11) Sexual orientation.--The term ``sexual orientation'' means homosexuality, heterosexuality, or bisexuality. SEC. 3. UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO INTERNS. (a) Terms and Conditions of Employment.--It shall be an unlawful employment practice for an employer to-- (1) refuse to hire or employ or to bar or to discharge from internship an intern or to discriminate against such intern in the terms, conditions, or privileges of employment as an intern because of the intern's age, race, religion, color, national origin, sex, sexual orientation, military status, disability, gender identity, predisposing genetic characteristics, marital status, or status as a victim of domestic violence; (2) discriminate against an intern in terms of receiving, classifying, disposing, or otherwise acting upon applications for internships because of the intern's age, race, religion, color, national origin, sex, sexual orientation, military status, disability, gender identity, predisposing genetic characteristics, marital status, or status as a victim of domestic violence; (3) print or circulate or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment as an intern or to make any inquiry in connection with prospective employment as an intern, which expresses directly or indirectly, any limitation, specification, or discrimination as to age, race, religion, color, national origin, sex, sexual orientation, military status, disability, gender identity, predisposing genetic characteristics, marital status, or status as a victim of domestic violence; (4) to compel an intern who is pregnant to take a leave of absence, unless the intern is prevented by such pregnancy from performing the activities involved in the internship in a reasonable manner; or (5) to discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden under this Act or because he or she has filed a complaint, testified, or assisted in any proceeding under this Act. (b) Sexual or Other Harassment.--It shall be an unlawful employment practice for an employer to-- (1) engage in unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature to an intern when-- (A) submission to such conduct is made either explicitly or implicitly a term or condition of the intern's continued position as an intern; (B) submission to or rejection of such conduct by the intern is used as the basis for employment decisions affecting such intern; or (C) such conduct has the purpose or effect of unreasonably interfering with the intern's work performance by creating an intimidating, hostile, or offensive working environment; or (2) subject an intern to unwelcome harassment based on age, race, religion, color, national origin, sex, sexual orientation, military status, disability, gender identity, predisposing genetic characteristics, marital status, or status as a victim of domestic violence, where such harassment has the purpose or effect of unreasonably interfering with the intern's work performance by creating an intimidating, hostile, or offensive working environment. (c) Age Limitation.--The prohibitions in this section relating to discrimination based on age shall be limited to individuals who are at least 40 years of age. SEC. 4. ENFORCEMENT. (a) Enforcement Powers.--With respect to the administration and enforcement of this Act, in the case of a claim alleged by an individual for a violation of this Act-- (1) the Commission shall have the same powers as the Commission has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); or (B) sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16b and 2000e-16c), in the case of a claim alleged by such individual for a violation of such title, or of section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e- 16b(a)(1)), respectively; (2) the Librarian of Congress shall have the same powers as the Librarian of Congress has to administer and enforce title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title; (3) the Board (as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301)) shall have the same powers as the Board has to administer and enforce the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)); (4) the Attorney General shall have the same powers as the Attorney General has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); or (B) sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16b and 2000e-16c); in the case of a claim alleged by such individual for a violation of such title, or of section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e- 16b(a)(1)), respectively; (5) the President, the Commission, and the Merit Systems Protection Board shall have the same powers as the President, the Commission, and the Board, respectively, have to administer and enforce chapter 5 of title 3, United States Code, in the case of a claim alleged by such individual for a violation of section 411 of such title; and (6) a court of the United States shall have the same jurisdiction and powers as the court has to enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title; (B) sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16b and 2000e-16c) in the case of a claim alleged by such individual for a violation of section 302(a)(1) of such Act (42 U.S.C. 2000e-16b(a)(1)); (C) the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)); and (D) chapter 5 of title 3, United States Code, in the case of a claim alleged by such individual for a violation of section 411 of such title. (b) Procedures and Remedies.--The procedures and remedies applicable to a claim alleged by an individual for a violation of this Act are-- (1) the procedures and remedies applicable for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title; (2) the procedures and remedies applicable for a violation of section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16b(a)(1)) in the case of a claim alleged by such individual for a violation of such section; (3) the procedures and remedies applicable for a violation of section 201(a)(1) of the Congressional Accountability Act of 1995 (2 U.S.C. 1311(a)(1)) in the case of a claim alleged by such individual for a violation of such section; and (4) the procedures and remedies applicable for a violation of section 411 of title 3, United States Code, in the case of a claim alleged by such individual for a violation of such section. (c) Other Applicable Provisions.--With respect to a claim alleged by an individual for a violation of this Act, title III of the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall apply in the same manner as such title applies with respect to a claim alleged by a covered employee (as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301)) for a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). SEC. 5. ATTORNEYS' FEES. Notwithstanding any other provision of this Act, in an action or administrative proceeding for a violation of this Act, an entity described in section 4(a) (other than paragraph (4) of such section), in the discretion of the entity, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney's fee (including expert fees) as part of the costs. The Commission and the United States shall be liable for the costs to the same extent as a private person. SEC. 6. REGULATIONS. (a) In General.--Except as provided in subsections (b), (c), and (d), the Commission shall have authority to issue regulations to carry out this Act. (b) Librarian of Congress.--The Librarian of Congress shall have authority to issue regulations to carry out this Act with respect to employees and applicants for employment of the Library of Congress. (c) Board.--The Board referred to in section 10(a)(3) shall have authority to issue regulations to carry out this Act, in accordance with section 304 of the Congressional Accountability Act of 1995 (2 U.S.C. 1384), with respect to covered employees, as defined in section 101 of such Act (2 U.S.C. 1301). (d) President.--The President shall have authority to issue regulations to carry out this Act with respect to covered employees, as defined in section 411(c) of title 3, United States Code, and applicants for employment as such employees. SEC. 7. RELATIONSHIP TO OTHER LAWS. This Act shall not invalidate or limit the rights, remedies, or procedures available to an individual claiming discrimination prohibited under any other Federal law or regulation or any law or regulation of a State or political subdivision of a State.

Intern Protection Act Prohibits certain employers from refusing to employ, discriminating against, or harassing interns because of age, race, religion, color, national origin, sex, sexual orientation, military status, disability, gender identity, predisposing genetic characteristics, marital status, or status as a victim of domestic violence. Bars employers from compelling a pregnant intern to take a leave of absence, unless the intern is prevented by such pregnancy from performing internship activities in a reasonable manner. Prohibits employers from engaging in certain unwelcome sexual advances or other verbal or physical conduct of a sexual nature to an intern when: (1) submission is a condition for continuing the internship or a basis for employment decisions; or (2) the conduct unreasonably interferes with work performance by creating an intimidating, hostile, or offensive working environment. Makes the age discrimination prohibitions of this Act applicable only to individuals who are at least 40 years of age. Authorizes the Equal Employment Opportunity Commission, the Librarian of Congress, the Board of Directors of Congress's Office of Compliance, the Department of Justice, the President, the Merit Systems Protection Board, and U.S. courts to enforce this Act under specified provisions of the Civil Rights Act of 1964, the Government Employee Rights Act of 1991, the Congressional Accountability Act of 1995, and other laws granting rights and protections to certain applicants and employees.

Intern Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Blue Alert Act of 2010''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Coordinator'' means the Blue Alert Coordinator of the Department of Justice designated under section 4(a); (2) the term ``Blue Alert'' means information relating to the serious injury or death of a law enforcement officer in the line of duty sent through the network; (3) the term ``Blue Alert plan'' means the plan of a State, unit of local government, or Federal agency participating in the network for the dissemination of information received as a Blue Alert; (4) the term ``network'' means the Blue Alert communications network established by the Attorney General under section 3; and (5) term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 3. BLUE ALERT COMMUNICATIONS NETWORK. The Attorney General shall establish a national Blue Alert communications network within the Department of Justice to issue Blue Alerts through the initiation, facilitation, and promotion of Blue Alert plans, in coordination with States, units of local government, law enforcement agencies, and other appropriate entities. SEC. 4. BLUE ALERT COORDINATOR; GUIDELINES. (a) Coordination Within Department of Justice.--The Attorney General shall assign an officer of the Department of Justice to act as the national coordinator of the Blue Alert communications network. (b) Duties of the Coordinator.--The Coordinator shall-- (1) encourage States and units of local government to develop additional Blue Alert plans; (2) establish voluntary guidelines for States and units of local government to use in developing Blue Alert plans that will promote compatible and integrated Blue Alert plans throughout the United States, including-- (A) a list of the resources necessary to establish a Blue Alert plan; (B) criteria for evaluating whether a situation warrants issuing a Blue Alert; (C) guidelines to protect the privacy, dignity, independence, and autonomy of any law enforcement officer who may be the subject of a Blue Alert and the family of the law enforcement officer; (D) guidelines that a Blue Alert should only be issued with respect to a law enforcement officer if-- (i) the law enforcement agency involved-- (I) confirms-- (aa) the death or serious injury of the law enforcement officer; or (bb) the attack on the law enforcement officer and that there is an indication of the death or serious injury of the officer; or (II) concludes that the law enforcement officer is missing in the line of duty; (ii) there is an indication of serious injury to or death of the law enforcement officer; (iii) the suspect involved has not been apprehended; and (iv) there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers; (E) guidelines-- (i) that information relating to a law enforcement officer who is seriously injured or killed in the line of duty should be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation under section 534 of title 28, United States Code, and any relevant crime information repository of the State involved; (ii) that a Blue Alert should, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local governments), be limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which the suspect could reasonably reach, which should not be limited to State lines; (iii) for law enforcement agencies of States or units of local government to develop plans to communicate information to neighboring States to provide for seamless communication of a Blue Alert; and (iv) providing that a Blue Alert should be suspended when the suspect involved is apprehended or when the law enforcement agency involved determines that the Blue Alert is no longer effective; and (F) guidelines for-- (i) the issuance of Blue Alerts through the network; and (ii) the extent of the dissemination of alerts issued through the network; (3) develop protocols for efforts to apprehend suspects that address activities during the period beginning at the time of the initial notification of a law enforcement agency that a suspect has not been apprehended and ending at the time of apprehension of a suspect or when the law enforcement agency involved determines that the Blue Alert is no longer effective, including protocols regulating-- (A) the use of public safety communications; (B) command center operations; and (C) incident review, evaluation, debriefing, and public information procedures; (4) work with States to ensure appropriate regional coordination of various elements of the network; (5) establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the network with initiating, facilitating, and promoting Blue Alert plans, which shall include-- (A) to the maximum extent practicable, representation from the various geographic regions of the United States; and (B) members who are-- (i) representatives of law enforcement organizations, law enforcement agencies, and public safety communications; (ii) broadcasters, first responders, dispatchers, and radio station personnel; and (iii) representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the network; and (6) act as the nationwide point of contact for-- (A) the development of the network; and (B) regional coordination of Blue Alerts through the network. (c) Limitations.-- (1) Voluntary participation.--The guidelines established under subsection (b)(2), protocols developed under subsection (b)(3), and other programs established under subsection (b), shall not be mandatory. (2) Dissemination of information.--The guidelines established under subsection (b)(2) shall, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local government), provide that appropriate information relating to a Blue Alert is disseminated to the appropriate officials of law enforcement agencies, public health agencies, and other agencies. (3) Privacy and civil liberties protections.--The guidelines established under subsection (b) shall-- (A) provide mechanisms that ensure that Blue Alerts comply with all applicable Federal, State, and local privacy laws and regulations; and (B) include standards that specifically provide for the protection of the civil liberties, including the privacy, of law enforcement officers who are seriously injured or killed in the line of duty and the families of the officers. (d) Cooperation With Other Agencies.--The Coordinator shall cooperate with the Secretary of Homeland Security, the Secretary of Transportation, the Chairman of the Federal Communications Commission, and appropriate offices of the Department of Justice in carrying out activities under this Act. (e) Reports.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Blue Alert plans that are in effect or being developed. SEC. 5. GRANT PROGRAM FOR SUPPORT OF BLUE ALERT PLANS. Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended-- (1) in paragraph (16), by striking ``and'' at the end; (2) by redesignating paragraph (17) as paragraph (18); and (3) by inserting after paragraph (16) the following: ``(17) to assist a State in the development or enhancement of programs and activities in support of a Blue Alert plan and the network (as those terms are defined in section 2 of the National Blue Alert Act of 2010), including-- ``(A) developing and implementing education and training programs, and associated materials, relating to Blue Alert plans; ``(B) developing and implementing law enforcement programs, and associated equipment, relating to Blue Alert plans; and ``(C) developing and implementing new technologies to improve the communication of Blue Alerts; and''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 1001(a)(11) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding at the end the following: ``(C)(i) Of amounts authorized to be appropriated to carry out part Q in any fiscal year, $10,000,000 is authorized to be appropriated for grants for the purposes described in section 1701(b)(17). ``(ii) Amounts appropriated pursuant to clause (i) shall remain available until expended.''.

National Blue Alert Act of 2010 - Directs the Attorney General to: (1) establish a national Blue Alert communications network within the Department of Justice (DOJ) to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty; and (2) assign a DOJ officer to act as the national coordinator of the Blue Alert communications network. Sets forth the duties of the national coordinator, including encouraging states and local governments to develop additional Blue Alert plans, establishing voluntary guidelines for states and local governments to use in developing such plans, developing protocols for efforts to apprehend suspects, and establishing an advisory group to assist states, local governments, law enforcement agencies, and other entities in initiating, facilitating, and promoting Blue Alert plans. Amends the Omnibus Crime Control and Safe Streets Act to require the use of public safety and community policing grants to assist states in developing and enhancing a Blue Alert plan and communications network.

A bill to encourage, enhance, and integrate Blue Alert plans throughout the United States in order to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Funding for Student Scholarships for the 1890s Land-Grant African-American Colleges and Universities Act''. (b) Findings.--Congress finds the following: (1) The Act of August 30, 1890 (26 Stat. 419, chapter 841; 7 U.S.C. 321 et seq.), brought about the establishment of the following 19 public, African-American land-grant colleges and universities: (A) Alabama A&M University. (B) Alcorn State University. (C) Central State University. (D) Delaware State University. (E) Florida A&M University. (F) Fort Valley State University. (G) Kentucky State University. (H) Langston University. (I) Lincoln University. (J) North Carolina A&T State University. (K) Prairie View A&M University. (L) South Carolina State University. (M) Southern University System. (N) Tennessee State University. (O) Tuskegee University. (P) University of Arkansas Pine Bluff. (Q) University of Maryland Eastern Shore. (R) Virginia State University. (S) West Virginia State University. (2) Funding for agricultural education, research, and extension at such colleges and universities is authorized to be appropriated to the Department of Agriculture with each farm bill, which is enacted approximately every 5 years. (3) The Agricultural Act of 2014 (Public Law 113-79) authorizes the appropriation of Federal funds for research, education, and extension activities at such colleges and universities and the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2016 (Division A of Public Law 114-113) appropriated $19,000,000 for education grants for such colleges and universities. (4) There is a great need to increase the number of young African-Americans seeking careers in the food and agricultural sciences (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)), including agribusiness, food production, distribution, and retailing, the clothing industries, energy and renewable fuels, and farming marketing, finance, and distribution. (5) Scholarship funding provided to increase the number of young African-American individuals seeking a career in the food and agricultural sciences shall be provided with the caveat that such scholarship students shall commit to pursue a career in the food and agricultural sciences, including agribusiness, food production, distribution, and retailing, the clothing industries, energy and renewable fuels, and farming marketing, finance, and distribution. (6) The average age of farmers and producers in the United States is 60 years of age and continues to rise. (7) Beginning farmers and ranchers (as defined in section 7405 of Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f)) need greater assistance in the financing of their education because of the increased startup costs associated with farming, such as the purchase of land and farming equipment. (c) Purposes.--The purposes of this Act are the following: (1) To address the national crisis posed by the aging farmer and producer population in the United States. (2) To increase the number of young African-American individuals seeking a career in the food and agricultural sciences (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)), including agribusiness, food production, distribution, and retailing, the clothing industries, energy and renewable fuels, and farming marketing, finance, and distribution. (3) To reduce the average age of farmers and producers in the United States. (4) To provide greater assistance to beginning farmers and ranchers (as defined in section 7405 of Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f)). (5) To provide scholarships to 1890 land-grant students seeking careers in the food and agricultural sciences. SEC. 2. SCHOLARSHIP PROGRAM FOR STUDENTS ATTENDING 1890-INSTITUTIONS. Subtitle G of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1445 (7 U.S.C. 3222) the following new section: ``SEC. 1446. SCHOLARSHIPS FOR STUDENTS AT 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE UNIVERSITY. ``(a) In General.--The Secretary shall establish a grant program under which the Secretary will award a grant to each college eligible to receive funds under the Act of August 30, 1890 (26 Stat. 417-419, as amended; 7 U.S.C. 321-326 and 328), including Tuskegee University (in this section referred to as `eligible institutions') for purposes of awarding scholarships to individuals who-- ``(1) are seeking to attend such college; and ``(2) intend to pursue a career in the food and agricultural sciences, including a career in agribusiness, food production, distribution, and retailing, the clothing industries, energy and renewable fuels, and farming marketing, finance, and distribution. ``(b) Funding.-- ``(1) In general.--Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $19,000,000 for each of fiscal years 2018 through 2022. ``(2) Allocation.--Of the funds made available under paragraph (1) in a fiscal year, the Secretary shall allocate to each eligible institution $1,000,000.''.

Funding for Student Scholarships for the 1890s Land-Grant African-American Colleges and Universities Act This bill amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish and provide funding for a grant program within the Department of Agriculture (USDA) for scholarships for students at 1890 land-grant colleges and universities (historically black colleges and universities established under the Second Morrill Act of 1890). USDA may award the scholarships to students who: (1) are seeking to attend such a college or university, and (2) intend to pursue a career in the food and agricultural sciences.

Funding for Student Scholarships for the 1890s Land-Grant African-American Colleges and Universities Act

SECTION 1. WINTER MOTORIZED ACCESS TRAILS. Section 206 of title 23, United States Code, is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Snowmachine.--The term `snowmachine' means a motorized off-road vehicle intended to operate on snow, and which is propelled by means of a revolving track or tracks.''; and (2) in subsection (d), by adding at the end the following: ``(5) Winter motorized access trails.-- ``(A) Use of funds.-- ``(i) Determination by the secretary.--The Secretary shall annually estimate revenues to the Highway Trust Fund derived from fuel purchased in each State for use in snowmachines, using information submitted by-- ``(I) the Department of Commerce; ``(II) the Department of the Treasury; ``(III) the International Snowmobile Manufacturers Association; and ``(IV) any other appropriate sources. ``(ii) Use of funds.-- ``(I) In general.--Of amounts made available to a State for motorized access under the recreational trails program, not less than the amount that is equal to the revenues derived from fuel purchased for use in the State by snowmachines, as estimated by the Secretary under clause (i), shall be used for activities that enhance winter motorized recreational trails, including-- ``(aa) trails on Bureau of Land Management or National Forest land where such uses are not prohibited by law; and ``(bb) trails designed for diverse uses in other seasons. ``(II) Activities.--A State may use funds under subclause (I) to-- ``(aa) locate, survey, and map winter motorized-use or multiple-use trails; ``(bb) document or secure public rights-of-way for trails; ``(cc) reroute trails where necessary; ``(dd) design and construct new trail routes; ``(ee) link existing trail systems; ``(ff) build trailhead facilities; ``(gg) improve trails for safe travel and multiple uses; ``(hh) establish safety caches of first aid and emergency gear; ``(ii) sign and mark trails; ``(jj) purchase trail building and grooming equipment; and ``(kk) mobilize trail volunteers as maintenance crews, safety patrols, and trail ambassadors. ``(B) Public information campaigns.-- ``(i) In general.--Of the sums available to the Secretary for the administration of and research and technical assistance under the recreational trails program and for administration of the National Recreational Trails Advisory Committee, $50,000 shall be used for each fiscal year for public information campaigns educating the public about, and encouraging, the safe use of snowmachines. ``(ii) Content.--In designing the content of public information campaigns under clause (i), the Secretary shall consult with-- ``(I) representatives of snowmachine manufacturers and users; and ``(II) the Advertising Council.''.

Directs the Secretary of Transportation to annually estimate revenues to the Highway Trust Fund derived from fuel purchased in each State for use in a snowmachine (defined as a motorized off-road vehicle intended to operate on snow, propelled by means of a revolving track or tracks), using information submitted by the Departments of Commerce and Treasury, and the International Snowmobile Manufacturers Association.Requires not less than the amount of such estimated revenues for a State to made available to that State for motorized access under the recreational trails program for activities that enhance winter motorized recreational trails. Sets forth permissible uses of such funds.Directs that $50,000 of the sums available to the Secretary for the administration of and research and technical assistance under the recreational trails program and for administration of the National Recreational Trails Advisory Committee be used each fiscal year for public information campaigns educating the public about, and encouraging, the safe use of snowmachines.

A bill to amend title 23, United States Code, to require the use of a certain minimum amount of funds for winter motorized access trails.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fighting Fraud to Protect Care for Seniors Act of 2018''. SEC. 2. MEDICARE SMART CARD PILOT PROGRAM. Part E of title XVIII of the Social Security Act is amended by inserting after section 1866E the following new section: ``SEC. 1866F. SMART CARD PILOT PROGRAM. ``(a) Implementation.-- ``(1) In general.--Not later than 36 months after the date of the enactment of this section, the Secretary shall establish a pilot program (in this section referred to as the `pilot program') to evaluate the feasibility of using smart card technology under this title. ``(2) Smart card technology defined.--In this section, the term `smart card technology' means the following: ``(A) Beneficiary smart card.--A machine readable, tamper-resistant card (in this section referred to as a `smart card') that includes an embedded integrated circuit chip with a secure micro-controller (as defined by the National Institute on Standards and Technology) that enables the verification and secure, electronic authentication of the identity of a Medicare beneficiary at the point of service through a combination of the smart card and a personal identification number known by or associated with such beneficiary. ``(B) Card reader technology.--Information technology that enables a supplier and provider to authenticate the identity of a Medicare beneficiary through presentation of such a smart card and such components, with such authentication to be reflected through the use of a modifier or in another appropriate manner, as determined by the Secretary, in the claims adjudication process. ``(3) Program design elements.--The pilot program shall be conducted for a period of 3 years consistent with the following: ``(A) Selection of area.--In consultation with the Inspector General of the Department of Health and Human Services, the Secretary shall select at least three geographic areas in which the pilot program will operate. ``(B) Selection of supplier and provider types.--In consultation with the Inspector General of the Department of Health and Human Services, the Secretary shall select supplier and provider types that will be required to participate in the pilot program (referred to in this section as `participating suppliers and providers'). In selecting such supplier and provider types, the Secretary shall-- ``(i) take into account the risk of fraud, waste, and abuse (as described in section 1866(j)(2)(B)) with respect to the category of provider or supplier) and other factors as determined appropriate by the Secretary; and ``(ii) limit the pilot program to no more than 2,000 suppliers and providers. ``(C) Supplier and provider hardship exemptions.-- The Secretary shall exempt from participation in the pilot program a supplier or provider that either-- ``(i) does not have access to card reader technology (as described in paragraph (2)(B)); ``(ii) does not have sufficient internet access; or ``(iii) has a low volume (as determined by the Secretary) of Medicare claims for which payment is made under this title. ``(D) Smart card and smart card reader issuance.-- ``(i) Beneficiary smart card issuance.--The Secretary shall provide for, at no cost, the issuance (and, if necessary, replacement) of beneficiary smart cards described in paragraph (2)(A) to all Medicare beneficiaries residing in a geographic area in which the pilot program is conducted under subparagraph (A). Information that appears on Medicare cards used outside the pilot program may appear on the face of the beneficiary smart card. ``(ii) Supplier and provider smart card reader issuance.--At the request of a participating supplier or provider, the Secretary shall provide for, at no cost, the issuance to such supplier or provider of smart card hardware and software necessary to participate in the pilot program. ``(E) Information on operation of pilot program.-- The Secretary shall provide participating suppliers and providers and Medicare beneficiaries who are furnished items and services by such suppliers and providers, with information on the operation of the pilot program, including privacy protections described in subparagraph (I). ``(F) Access to services outside the pilot program.-- ``(i) Beneficiaries.--Medicare beneficiaries who receive beneficiary smart cards may receive items and services from suppliers and providers not participating in the pilot program. ``(ii) Suppliers and provider claims.-- ``(I) Suppliers and providers not participating in pilot.--Suppliers and providers not participating in the pilot program may submit claims under this title for items and services furnished without use of smart card technology to Medicare beneficiaries who receive beneficiary smart cards. ``(II) Participating suppliers and providers furnishing services to non- participating beneficiaries.--Supplier and providers participating in the pilot program may submit claims under this title for items and services furnished to Medicare beneficiaries who do not receive beneficiary smart cards. ``(G) Clarification on access to services without smart cards.--In the case of a Medicare beneficiary who receives a beneficiary smart card and does not present such card at the time of receipt of items or services from a participating supplier or provider, the participating supplier or provider-- ``(i) shall furnish such items or services to such Medicare beneficiary as if such beneficiary does present such card; ``(ii) may submit claims under this title for such items or services; and ``(iii) shall provide, in accordance with such manner, process, and timing as specified by the Secretary, information to the Secretary (through the contractor described in subparagraph (H)) that such beneficiary received such a smart card but did not have the smart card at the time the items or services were furnished. ``(H) Private sector implementation.--The Secretary shall select, by using a competitive procurement process in accordance with the provisions of chapter 1 of title 48, Code of Federal Regulations (or any successor regulations), a private sector contractor to implement and operate the pilot program. ``(I) Privacy protections.--The Secretary shall ensure that the pilot program complies with applicable Federal laws and regulations concerning individually identifiable health information, including the Privacy Act of 1974 and regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 and such individually identifiable information shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. ``(J) Mandatory participation.--Subject to subparagraph (C), in the case of items or services furnished by a provider or supplier included in a supplier or provider type selected under subparagraph (B) in a geographic area selected under subparagraph (A), payment may only be made under this title for such items or services during the period of the pilot program if the provider or supplier is participating in the pilot program. ``(K) Prohibition of smart card fees.--No transaction, utilization, or other fees may be imposed on Medicare beneficiaries or participating suppliers and providers with respect to the use of smart cards under the pilot program. ``(4) Stakeholder input.-- ``(A) In general.--Not later than 6 months after the date of the enactment of this section, the Secretary shall convene a panel consisting of stakeholders (including representatives of providers, suppliers, technology vendors, Medicare beneficiaries, and claims processing contractors) selected by the Secretary for purposes of providing input to the Secretary on the implementation of the pilot program (including on the selection of areas and participants under subparagraphs (A) and (B) of paragraph (3) and the development of exemptions and requirements described in such paragraph). ``(B) Nonapplicability of faca.--The Federal Advisory Committee Act shall not apply to the panel convened pursuant to subparagraph (A). ``(5) Definitions.--In this section: ``(A) The terms `supplier' and `provider' have the meanings given the terms `supplier' and `provider of services' in subsections (d) and (u), respectively, of section 1861. ``(B) The term `Medicare beneficiary' means an individual who is enrolled in the original Medicare fee-for-service program under parts A and B and is not enrolled in an MA plan under part C, an eligible organization under section 1876, or a PACE program under section 1894. ``(b) Reports to Congress.--The Secretary shall submit to Congress the following reports: ``(1) Interim performance report.--Not later than 2 years after the date the pilot program is implemented, an interim report on the performance of such program. ``(2) Final performance report.--Not later than 18 months after the date of the completion of the pilot program, a final evaluation on the effectiveness of the pilot program. The report shall include the following: ``(A) An evaluation of the effect of the pilot program on potential fraud under the insurance programs established under this title. ``(B) A description of any barriers to implementation of the pilot program. ``(C) Participant feedback on the pilot program. ``(D) Recommendations regarding the future use of smart cards to address fraud under this title. ``(E) Data on the information provided under subsection (a)(3)(G)(iii).''. Passed the House of Representatives September 12, 2018. Attest: KAREN L. HAAS, Clerk.

Fighting Fraud to Protect Care for Seniors Act of 2018 (Sec. 2) This bill requires the Centers for Medicare & Medicaid Services (CMS) to establish a pilot program that evaluates the feasibility of using smart card technology to address Medicare fraud. Under the program, smart card technology must be issued free-of-charge to selected Medicare beneficiaries, suppliers, and providers; such technology must support the secure, electronic authentication of beneficiary identity at points of service. In selecting program participants, the CMS must consider the risk of fraud, waste, or abuse among categories of suppliers and providers.

Fighting Fraud to Protect Care for Seniors Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gerardo Hernandez Airport Security Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Homeland Security (Transportation Security) of the Department of Homeland Security. (2) Administration.--The term ``Administration'' means the Transportation Security Administration. SEC. 3. SECURITY INCIDENT RESPONSE AT AIRPORTS. (a) In General.--The Assistant Secretary shall, in consultation with other Federal agencies as appropriate, conduct outreach to all airports in the United States at which the Administration performs, or oversees the implementation and performance of, security measures, and provide technical assistance as necessary, to verify such airports have in place individualized working plans for responding to security incidents inside the perimeter of the airport, including active shooters, acts of terrorism, and incidents that target passenger- screening checkpoints. (b) Types of Plans.--Such plans may include, but may not be limited to, the following: (1) A strategy for evacuating and providing care to persons inside the perimeter of the airport, with consideration given to the needs of persons with disabilities. (2) A plan for establishing a unified command, including identification of staging areas for non-airport-specific law enforcement and fire response. (3) A schedule for regular testing of communications equipment used to receive emergency calls. (4) An evaluation of how emergency calls placed by persons inside the perimeter of the airport will reach airport police in an expeditious manner. (5) A practiced method and plan to communicate with travelers and all other persons inside the perimeter of the airport. (6) To the extent practicable, a projected maximum timeframe for law enforcement response to active shooters, acts of terrorism, and incidents that target passenger security-screening checkpoints. (7) A schedule of joint exercises and training to be conducted by the airport, the Administration, other stakeholders such as airport and airline tenants, and any relevant law enforcement, airport police, fire, and medical personnel. (8) A schedule for producing after-action joint exercise reports to identify and determine how to improve security incident response capabilities. (9) A strategy, where feasible, for providing airport law enforcement with access to airport security video surveillance systems at category X airports where those systems were purchased and installed using Administration funds. (c) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the findings from its outreach to airports under subsection (a), including an analysis of the level of preparedness such airports have to respond to security incidents, including active shooters, acts of terrorism, and incidents that target passenger-screening checkpoints. SEC. 4. DISSEMINATING INFORMATION ON BEST PRACTICES. The Assistant Secretary shall-- (1) identify best practices that exist across airports for security incident planning, management, and training; and (2) establish a mechanism through which to share such best practices with other airport operators nationwide. SEC. 5. CERTIFICATION. Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Assistant Secretary shall certify in writing to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that all screening personnel have participated in practical training exercises for active shooter scenarios. SEC. 6. REIMBURSABLE AGREEMENTS. Not later than 90 days after the enactment of this Act, the Assistant Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an analysis of how the Administration can use cost savings achieved through efficiencies to increase over the next 5 fiscal years the funding available for checkpoint screening law enforcement support reimbursable agreements. SEC. 7. SECURITY INCIDENT RESPONSE FOR SURFACE TRANSPORTATION SYSTEMS. (a) In General.--The Assistant Secretary shall, in consultation with the Secretary of Transportation, and other relevant agencies, conduct outreach to all passenger transportation agencies and providers with high-risk facilities, as identified by the Assistant Secretary, to verify such agencies and providers have in place plans to respond to active shooters, acts of terrorism, or other security-related incidents that target passengers. (b) Types of Plans.--As applicable, such plans may include, but may not be limited to, the following: (1) A strategy for evacuating and providing care to individuals, with consideration given to the needs of persons with disabilities. (2) A plan for establishing a unified command. (3) A plan for frontline employees to receive active shooter training. (4) A schedule for regular testing of communications equipment used to receive emergency calls. (5) An evaluation of how emergency calls placed by individuals using the transportation system will reach police in an expeditious manner. (6) A practiced method and plan to communicate with individuals using the transportation system. (c) Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the findings from its outreach to the agencies and providers under subsection (a), including an analysis of the level of preparedness such transportation systems have to respond to security incidents. (d) Dissemination of Best Practices.--The Assistant Secretary shall identify best practices for security incident planning, management, and training and establish a mechanism through which to share such practices with passenger transportation agencies nationwide. SEC. 8. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS. No additional funds are authorized to be appropriated to carry out this Act, and this Act shall be carried out using amounts otherwise available for such purpose. SEC. 9. INTEROPERABILITY REVIEW. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Assistant Secretary shall, in consultation with the Assistant Secretary of the Office of Cybersecurity and Communications, conduct a review of the interoperable communications capabilities of the law enforcement, fire, and medical personnel responsible for responding to a security incident, including active shooter events, acts of terrorism, and incidents that target passenger-screening checkpoints, at all airports in the United States at which the Administration performs, or oversees the implementation and performance of, security measures. (b) Report.--Not later than 30 days after the completion of the review, the Assistant Secretary shall report the findings of the review to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on August 5, 2015. Gerardo Hernandez Airport Security Act of 2015 (Sec. 3) Directs the Transportation Security Administration (TSA) of the Department of Homeland Security to: (1) conduct outreach to all U.S. airports at which the TSA performs, or oversees the implementation and performance of, security measures; and (2) give necessary technical assistance to verify that such airports have in place individualized working plans for responding to security incidents inside the airport perimeter, including active shooters, acts of terrorism, and incidents that target passenger-screening checkpoints. Requires the TSA to report to Congress on the outreach findings, including an analysis of the level of preparedness such airports have to respond to such incidents. (Sec. 4) Requires the TSA to: (1) identify best practices that exist across airports for security incident planning, management, and training; and (2) establish a mechanism through which to share those best practices with other airport operators nationwide. (Sec. 5) Requires the TSA also to: (1) certify annually to specified congressional committees that all screening personnel have participated in practical training exercises for active shooter scenarios, and (2) analyze for those same committees how TSA can use cost savings achieved through efficiencies to increase over the next five fiscal years the funding available for checkpoint screening law enforcement support reimbursable agreements. (Sec. 7) Directs the TSA to: (1) conduct outreach to all passenger transportation agencies and providers with high-risk facilities to verify that they have in place plans for responding to active shooters, acts of terrorism, or other security-related incidents that target passengers; and (2) identify best practices for security incident planning, management, and training and establish a mechanism through which to share such practices with passenger transportation agencies nationwide. (Sec. 8) Declares that no additional appropriations are authorized to carry out this Act. Requires this Act to be carried out using amounts otherwise available. (Sec. 9) Requires the TSA to review the interoperable communications capabilities of law enforcement, fire, and medical personnel responsible for responding to security incidents at all U.S. airports at which the TSA performs, or oversees the implementation and performance of, security measures.

Gerardo Hernandez Airport Security Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Virtual Screening for Colorectal Cancer Act of 2010''. SEC. 2. COVERING SCREENING COMPUTED TOMOGRAPHY COLONOGRAPHY AS A COLORECTAL CANCER SCREENING TEST UNDER MEDICARE.. (a) In General.--Section 1861(pp)(1) of the Social Security Act (42 U.S.C. 1395x(pp)(1)) is amended-- (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C) the following new subparagraph: ``(D) Screening computed tomography colonography.''. (b) Frequency Limits and Payment.--Section 1834(d) of such Act (42 U.S.C. 1395m(d)) is amended by adding at the end the following new paragraph: ``(4) Screening computed tomography colonography.-- ``(A) Fee schedule.--With respect to a colorectal cancer screening test consisting of screening computed tomography colonography, subject to subparagraph (B), payment under section 1848 shall be consistent with payment under such section for similar or related services. ``(B) Payment limit.--In the case of screening computed tomography colonography, payment under this part shall not exceed such amount as the Secretary specifies. ``(C) Facility payment limit.-- ``(i) Limitation on coinsurance.-- Notwithstanding any other provision of this title, in the case of an individual who receives screening computed tomography colonography-- ``(I) in computing the amount of any applicable coinsurance, the computation of such coinsurance shall be based upon the fee schedule under which payment is made for the services; and ``(II) the amount of such coinsurance shall not exceed 25 percent of the payment amount under the fee schedule described in subparagraph (A). ``(D) Frequency limit.--No payment may be made under this part for a colorectal cancer screening test consisting of a screening computed tomography colonography-- ``(i) if the individual is under 50 years of age; or ``(ii)(I) in the case of individuals at high risk for colorectal cancer, if the procedure is performed within the 23 months after a previous screening computed tomography colonography or a previous screening colonoscopy; or ``(II) in the case of an individual who is not at high risk for colorectal cancer, if the procedure is performed within the 119 months after a previous screening colonoscopy or within the 59 months after a previous screening flexible sigmoidoscopy or a previous screening computed tomography colonography.''. (c) Conforming Frequency Limits for Other Colorectal Cancer Screening Tests.-- (1) Screening flexible sigmoidoscopy.--Paragraph (2)(E)(ii) of section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) is amended by inserting ``or screening computed tomography colonography'' after ``previous screening flexible sigmoidoscopy''. (2) Screening colonoscopy.--Paragraph (3)(E) of such section is amended-- (A) by inserting ``or screening computed tomography colonography'' after ``23 months after a previous screening colonoscopy''; and (B) by inserting ``or screening computed tomography colonography'' after ``screening flexible sigmoidoscopy''. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2011. SEC. 3. EXEMPTION OF SCREENING COMPUTED TOMOGRAPHY COLONOGRAPHY FROM SPECIAL RULE ON PAYMENT FOR IMAGING SERVICES. (a) In General.--Section 1848(b)(4)(B) of the Social Security Act (42 U.S.C. 1395w-4(b)(4)(B)) is amended by inserting ``and screening computed tomography colonography'' after ``diagnostic and screening mammography''. (b) Effective Date.--The amendment made by subsection (a) shall apply to items and services furnished on or after January 1, 2011. SEC. 4. REPORT ON THE EFFECTIVENESS OF SCREENING CTC IN IMPROVING OVERALL CRC COMPLIANCE. (a) GAO Study and Reports on Effectiveness of Screening Computed Tomography Colonograpy in Improving Overall Colorectal Cancer Compliance.-- (1) Study.-- (A) In general.--The Comptroller General of the United States (in this subsection referred to as the ``Comptroller General'') shall conduct a study, by colorectal cancer screening procedure type, on-- (i) the effect of the addition of the screening computed tomography colonography (in this subsection referred to as ``screening CTC'') benefit under section 1861(pp)(1)(D) of the Social Security Act, as added by section 2(a); (ii) the effect of the addition of such benefit as part of an overall set of colorectal cancer screening (in this subsection referred to as the ``CRC screening'') made available to relevant Medicare population, including individuals over 50 years of age and over 75 years of age; and (iii) any other relevant questions involving access to, beneficiary preference of, and the value of, screening CTC for Medicare beneficiaries. (B) Issues.--The study conducted under subparagraph (A) shall examine the following: (i) The impact of screening CTC on the change in CRC screening compliance of Medicare beneficiaries. (ii) The various utilization rates for the each available CRC screening option before and after the availability of screening CTC, including-- (I) by initial CRC screening performed as a Medicare beneficiary, including the beneficiary age when initial screening was performed; and (II) by follow-on screening performed, whereby the analysis demonstrates to what extent screening CTC was used as a substitute for a previous screening procedure. (iii) The referral rate of screening CTC to follow-on optical colonoscopy. (iv) An analysis of beneficiary preference to the various CRC screening options. (v) Access to screening CTC by Medicare beneficiaries, especially in rural areas or underserved populations, before and after implementation of such screening benefit. (vi) Such other issues as the Comptroller General determines appropriate. (2) Reports.-- (A) Preliminary report.--Not later than March 1, 2015, the Comptroller General shall submit a preliminary report to Congress on the study conducted under paragraph (1). (B) Final report.--Not later than March 1, 2016, the Comptroller General shall submit a final report to Congress on the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

Virtual Screening for Colorectal Cancer Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act to: (1) provide Medicare coverage for screening computed tomography colonography (CTC) as a colorectal cancer (CRC) screening test; and (2) exclude screening CTC from the meaning of "imaging services" for which there is a special rule regarding outpatient services department (OPD) fee schedule payments. Directs the Comptroller General to study, by CRC screening procedure type, and report to Congress on: (1) the effect of the addition of the screening CTC benefit under this Act; (2) the effect of the addition of such benefit as part of an overall set of CRC screening made available to relevant Medicare population, including individuals over age 50 and over age 75; and (3) any other relevant questions involving access to, beneficiary preference of, and value of, screening CTC for Medicare beneficiaries.

To amend title XVIII of the Social Security Act to cover screening computed tomography colonography as a colorectal cancer screening test under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supplemental Trade Review, Oversight, Noncompliance and General Enforcement Resources Act of 2015'' or ``STRONGER Act of 2015''. SEC. 2. TRADE AGREEMENTS ENFORCEMENT TRUST FUND. (a) Establishment; Source of Funds.--There is established in the Treasury of the United States a trust fund, to be known as the Trade Agreements Enforcement Trust Fund (hereinafter in this section referred to as the ``Trust Fund''), consisting of such amounts as are transferred to the Trust Fund under subsection (b), any interest earned on investment of amounts in the Trust Fund, and any proceeds from the sale or redemption of any obligations held in the Trust Fund under subsection (c). (b) Transfer of Countervailing and Antidumping Duties to Trust Fund.-- (1) In general.--The Secretary shall transfer to the Trust Fund for each fiscal year that begins on or after the date of the enactment of this Act an amount equal to $15,000,000 of the countervailing duties and antidumping duties received in the Treasury for such fiscal year. (2) Limitation.--The total amount of funds in the Trust Fund may not exceed $30,000,000. (c) Investment of Amounts; Interest and Proceeds.-- (1) Investment of amounts.--The Secretary shall be responsible for investing such portion of the Trust Fund as is not, in the judgment of the Secretary, required to meet current withdrawals. Such investments shall only be made in interest- bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. (2) Interest and proceeds.--The interest on, and the proceeds from the sale or redemption of, any obligations held in Trust Fund shall be credited to and form a part of the Trust Fund. (d) Frequency of Transfers; Adjustments.-- (1) Frequency of transfers.--The Secretary shall transfer amounts required to be transferred to the Trust Fund under subsection (b) at least quarterly from the general fund of the Treasury to the Trust Fund on the basis of estimates made by the Secretary. (2) Adjustments.--The Secretary shall make proper adjustment in the amounts subsequently transferred to the Trust Fund to the extent prior estimates were in excess of or less than the amounts required to be transferred to the Trust Fund. SEC. 3. AVAILABILITY OF AMOUNTS FROM TRUST FUND. (a) In General.--The President is authorized to make available such sums as are available in the Trust Fund, including any amounts not obligated in previous fiscal years, to-- (1) the United States Trade Representative to take the actions described in subsection (b)(1); and (2) the United States Trade Representative, the Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of Labor, and the heads of other departments and agencies with relevant expertise, as appropriate, to take the actions described in subsection (b)(2). (b) Actions.-- (1) Relating to enforcement.--The actions described in this paragraph are the following: (A) To seek to enforce and resolve any inconsistencies with the provisions, commitments, and obligations of any party made pursuant to any free trade agreement with the United States. (B) To monitor the implementation of commitments and obligations of any party made pursuant to any free trade agreement with the United States for purposes of systematically assessing, identifying, investigating, or initiating steps to address inconsistencies with such commitments and obligations. (C) To investigate and respond to petitions pursuant to section 301 of the Trade Act of 1974 (19 U.S.C. 2411). (D) To seek to enforce and resolve inconsistencies with the provisions, commitments, and obligations of World Trade Organization member countries under the WTO Agreement (as defined in section 2(9) of the Uruguay Round Agreements Act) and the agreements annexed to that Agreement (as specified in section 101(d) of the Uruguay Round Agreements Act). (2) Relating to implementation assistance and local capacity building.--The actions described in this paragraph are the following: (A) To ensure capacity-building efforts undertaken by the United States pursuant to any free trade agreement prioritize and give special attention to the timely, consistent, and robust implementation of any labor and environmental commitments and obligations of any party to that free trade agreement. (B) To ensure capacity-building efforts undertaken by the United States pursuant to any free trade agreement are self-sustaining and promote local ownership. (C) To ensure capacity-building efforts undertaken by the United States pursuant to any free trade agreement include performance indicators against which the progress and obstacles for implementation of environmental and labor commitments can be identified and assessed within a meaningful timeframe. (D) To monitor and evaluate United States capacity- building efforts described in subparagraphs (A), (B), and (C) in a manner consistent with section 4. (c) Limitation.--Amounts made available in the Trust Fund may not be used to negotiate any new free trade agreements on or after the date of the enactment of this Act. (d) Report.--Not later than 18 months following the entry into force of any new free trade agreement, the United States Trade Representative, together with the other parties taking actions under section 3(b)(2) pursuant to that free trade agreement shall issue a report to Congress detailing those actions. SEC. 4. COORDINATION AND ACCOUNTABILITY. (a) Interagency Committee.-- (1) In general.--The President shall establish a permanent interagency committee to ensure actions taken under section 3(b)(2) are effectively prioritized, targeted, coordinated, and implemented. (2) Members.--The committee shall consist of the following: (A) The Deputy United States Trade Representative of the Office of the United States Trade Representative, who shall serve as the chair of the committee. (B) The Under Secretary for Economic Growth, Energy, and the Environment of the Department of State. (C) The Assistant Administrator for Economic Growth, Education, and Environment of the United States Agency for International Development. (D) The Deputy Undersecretary for International Affairs of the Department of Labor. (E) Such senior representatives from other departments and agencies with relevant expertise, as appropriate, to be appointed by the chair of the committee. (3) Ad hoc members.--The United States ambassador to any country receiving United States assistance by reason of actions taken under section 3(b)(2) shall serve as an ad hoc member of the committee for the period of time during which the planning, budgeting, and implementation of such assistance is carried out. (4) Consultation.--The head of any department or agency that is taking actions under section 3(b)(2) shall consult with the committee during the drafting of any action plan, program, or effort led by the United States for purposes of taking such actions. (b) Accountability.--The United States shall promote aid effectiveness and accountability through transparency, monitoring, evaluation, and learning, and fostering local ownership and implementation of U.S. assistance carried out pursuant to section 3(b)(2) in the following manner: (1) Increase transparency.--The interagency committee established under section 4(a) shall publish timely, comprehensive, and detailed information regarding the implementation assistance and local capacity building described in section 3(b)(2) on a quarterly basis in IATI XML format, consistent with the United States commitment to full compliance with the International Aid Transparency Initiative. (2) Strengthen evaluation.--The interagency committee established under section 4(a) shall conduct evaluations that are independent, methodologically rigorous, made public in their entirety, and transmitted to the International Aid Transparency Initiative Registry as appropriate. (3) Promote learning.--The interagency committee established under section 4(a) shall develop and implement procedures for ensuring that data and evaluation results inform decisionmaking and lead to the revision and promotion of best practices among relevant executive branch agencies. SEC. 5. DEFINITIONS. In this Act: (1) Antidumping duty.--The term ``antidumping duty'' means an antidumping duty imposed under section 731 of the Tariff Act of 1930 (19 U.S.C. 1673). (2) Countervailing duty.--The term ``countervailing duty'' means a countervailing duty imposed under section 701 of the Tariff Act of 1930 (19 U.S.C. 1671). (3) Secretary.--Except as otherwise provided, the term ``Secretary'' means the Secretary of the Treasury.

Supplemental Trade Review, Oversight, Noncompliance and General Enforcement Resources Act of 2015 or the STRONGER Act of 2015 Establishes in the U.S. Treasury the Trade Agreements Enforcement Trust Fund. Directs the Department of the Treasury to transfer to the Trust Fund an amount equal to $15 million of the countervailing duties and antidumping duties received in the Treasury for each fiscal year beginning after enactment of this Act. Limits the total amount of funds in the Trust Fund to $30 million. Authorizes the President to make sums in the Trust Fund available to: (1) the United States Trade Representative (USTR) to take specified actions relating to enforcement of free trade agreements; and (2) the USTR, the Department of State, the U.S. Agency for International Development, the Department of Labor, and other departments and agencies with relevant expertise to take specified actions relating to implementation assistance and local capacity building under such agreements. Prohibits amounts made available in the Trust Fund from being used to negotiate any new free trade agreement. Directs the President to establish a permanent interagency committee to ensure that actions taken under under this Act relating to implementation assistance and local capacity building are effectively prioritized, targeted, coordinated, and implemented. Requires the United States to promote aid effectiveness and accountability through transparency, monitoring, evaluation, learning, and fostering local ownership and implementation of U.S. assistance through such activities by requiring the interagency committee to: (1) publish timely, comprehensive, and detailed information regarding such activities on a quarterly basis, consistent with the U.S. commitment to full compliance with the International Aid Transparency Initiative; (2) conduct evaluations that are independent, methodologically rigorous, made public in their entirety, and transmitted to the International Aid Transparency Initiative Registry; and (3) develop and implement procedures for ensuring that data and evaluation results inform decisionmaking and lead to the revision and promotion of best practices among relevant executive branch agencies.

STRONGER Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Electronic Racketeering Act of 1995''. SEC. 2. PROHIBITED ACTIVITIES. (a) Definitions.--Section 1961(1) of title 18, United States Code, is amended-- (1) by striking ``1343 (relating to wire fraud)'' and inserting ``1343 (relating to wire and computer fraud)''; (2) by striking ``that title'' and inserting ``this title''; (3) by striking ``or (E)'' and inserting ``(E)''; and (4) by inserting before the semicolon the following: ``or (F) any act that is indictable under section 1030, 1030A, or 1962(d)(2)''. (b) Use of Computer To Facilitate Racketeering Enterprise.--Section 1962 of title 18, United States Code, is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d) It shall be unlawful for any person-- ``(1) to use any computer or computer network in furtherance of a racketeering activity (as defined in section 1961(1)); or ``(2) to damage or threaten to damage electronically or digitally stored data.''. (c) Criminal Penalties.--Section 1963(b) of title 18, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(3) electronically or digitally stored data.''. (d) Civil Remedies.--Section 1964(c) of title 18, United States Code, is amended by striking ``his property or business''. (e) Use as Evidence of Intercepted Wire or Oral Communications.-- Section 2515 of title 18, United States Code, is amended by inserting before the period at the end the following: ``, unless the authority in possession of the intercepted communication attempted in good faith to comply with this chapter. If the United States or any State of the United States, or subdivision thereof, possesses a communication intercepted by a nongovernmental actor, without the knowledge of the United States, that State, or that subdivision, the communication may be introduced into evidence''. (f) Authorization for Interception of Wire, Oral, or Electronic Communications.--Section 2516(1) of title 18, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (n); (2) by striking the period at the end of paragraph (o) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(p) any violation of section 1962 of title 18.''. (g) Procedures for Interception.--Section 2518(4)(b) of title 18, United States Code, is amended by inserting before the semicolon the following: ``to the extent feasible''. (h) Computer Crimes.-- (1) New prohibited activities.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 1030A. Racketeering-related crimes involving computers ``(a) It shall be unlawful-- ``(1) to use a computer or computer network to transfer unlicensed computer software, regardless of whether the transfer is performed for economic consideration; ``(2) to distribute computer software that encodes or encrypts electronic or digital communications to computer networks that the person distributing the software knows or reasonably should know, is accessible to foreign nationals and foreign governments, regardless of whether such software has been designated as nonexportable; ``(3) to use a computer or computer network to transmit a communication intended to conceal or hide the origin of money or other assets, tangible or intangible, that were derived from racketeering activity; and ``(4) to operate a computer or computer network primarily to facilitate racketeering activity or primarily to engage in conduct prohibited by Federal or State law. ``(b) For purposes of this section, each act of distributing software is considered a separate predicate act. Each instance in which nonexportable software is accessed by a foreign government, an agent of a foreign government, a foreign national, or an agent of a foreign national, shall be considered as a separate predicate act. ``(c) It shall be an affirmative defense to prosecution under this section that the software at issue used a universal decoding device or program that was provided to the Department of Justice prior to the distribution.''. (2) Clerical amendment.--The analysis at the beginning of chapter 47, United States Code, is amended by adding at the end the following new item: ``1030A. Racketeering-related crimes involving computers.''. (3) Jurisdiction and venue.--Section 1030 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(g)(1)(A) Any act prohibited by this section that is committed using any computer, computer facility, or computer network that is physically located within the territorial jurisdiction of the United States shall be deemed to have been committed within the territorial jurisdiction of the United States. ``(B) Any action taken in furtherance of an act described in subparagraph (A) shall be deemed to have been committed in the territorial jurisdiction of the United States. ``(2) In any prosecution under this section involving acts deemed to be committed within the territorial jurisdiction of the United States under this subsection, venue shall be proper where the computer, computer facility, or computer network was physically situated at the time at least one of the wrongful acts was committed.''. (i) Wire and Computer Fraud.--Section 1343 of title 18, United States Code, is amended by striking ``or television communication'' and inserting ``television communication, or computer network or facility''. (j) Privacy Protection Act.--Section 101 of the Privacy Protection Act of 1980 (42 U.S.C. 2000aa) is amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; or''; and (C) by adding at the end the following new paragraph: ``(3) there is reason to believe that the immediate seizure of such materials is necessary to prevent the destruction or altercation of such documents.''; and (2) in subsection (b)-- (A) by striking ``or'' at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ``; or''; and (C) by adding at the end the following new paragraph: ``(5) in the case of electronically stored data, the seizure is incidental to an otherwise valid seizure, and the government officer or employee-- ``(A) was not aware that work product material was among the data seized; ``(B) upon actual discovery of the existence of work product materials, the government officer or employee took reasonable steps to protect the privacy interests recognized by this section, including-- ``(i) using utility software to seek and identify electronically stored data that may be commingled or combined with non-work product material; and ``(ii) upon actual identification of such material, taking reasonable steps to protect the privacy of the material, including seeking a search warrant.''.

Anti-Electronic Racketeering Act of 1995 - Amends the Federal criminal code to revise the definition of "racketeering" to include any act indictable as a crime which is related to wire and computer fraud. Adds to the definition of racketeering any act indictable as fraud and related activity in connection with computers, racketeering- related crimes involving computers, or other prohibited racketeering activities. Prohibits the use of a computer or computer network to further racketeering activity or to damage or threaten to damage electronically or digitally stored data. Includes electronically or digitally stored data as property subject to criminal forfeiture. Allows any person injured by racketeering activities to sue in U.S. district court and recover threefold the damages sustained, the cost of the suit, and attorney's fees. Allows the introduction of evidence of intercepted wire or oral communications if the authority in possession of the intercepted communication attempted in good faith to comply with the U.S. Code provisions pertaining to communications interceptions. Permits a Federal, State, or local government to introduce as evidence a communication intercepted by a non-governmental actor without the government's knowledge. Authorizes the Attorney General, or another designated individual, to apply to a Federal judge for an order authorizing the designated Federal agency to use an electronic, oral, or wire interception where the interception may provide or has provided evidence of prohibited activities under the racketeering statute. Provides that the application for the wire, oral, or electronic communications interception should provide as much detail as possible regarding the offense, the type of communications to be intercepted, and the identity of the person committing the offense. Prohibits the use of computers or computer networks to transfer unlicensed computer software, to distribute computer software that encodes or encrypts electronic or digital communications which may be accessible to foreign nationals or foreign governments, to transmit a communication intended to conceal money or other assets derived from racketeering activities, and to operate a computer or computer network primarily to engage in racketeering or other activities banned by Federal or State law. Provides that it shall be an affirmative defense to prosecution if the software at issue used a universal decoding device provided to the Department of Justice prior to the distribution. Declares that the United States has jurisdiction over any act committed while using any computer, computer facility, or computer network that is physically located within the territorial jurisdiction of the United States. Establishes venue in the jurisdiction where the computer, computer facility, or computer network was physically located at the time of the wrongful act. Declares that the transmission of deceptive information through a computer network or facility constitutes fraud. Amends the Privacy Protection Act to allow the seizure of work product materials if there is reason to believe that it is necessary to prevent the destruction or alteration of the documents. Permits a government official to search for or seize electronically stored data if the seizure is incidental to an otherwise valid seizure and the government official was unaware that the material existed among the seized data and took reasonable steps to protect the privacy interests of the individual after the work products material discovery.

Anti-Electronic Racketeering Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mosquito Abatement for Safety and Health Act''. SEC. 2. GRANTS REGARDING PREVENTION OF MOSQUITO-BORNE DISEASES. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by section 4 of Public Law 107-84 and section 312 of Public Law 107-188, is amended-- (1) by transferring section 317R from the current placement of the section and inserting the section after section 317Q; and (2) by inserting after section 317R (as so transferred) the following: ``SEC. 317S. MOSQUITO-BORNE DISEASES; COORDINATION GRANTS TO STATES; ASSESSMENT AND CONTROL GRANTS TO POLITICAL SUBDIVISIONS. ``(a) Coordination Grants to States; Assessment Grants to Political Subdivisions.-- ``(1) In general.--With respect to mosquito control programs to prevent and control mosquito-borne diseases (referred to in this section as `control programs'), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States for the purpose of-- ``(A) coordinating control programs in the State involved; and ``(B) assisting such State in making grants to political subdivisions of the State to conduct assessments to determine the immediate needs in such subdivisions for control programs, and to develop, on the basis of such assessments, plans for carrying out control programs in the subdivisions. ``(2) Preference in making grants.--In making grants under paragraph (1), the Secretary shall give preference to States that have one or more political subdivisions with an incidence, prevalence, or high risk of mosquito-borne disease, or a population of infected mosquitoes, that is substantial relative to political subdivisions in other States. ``(3) Certain requirements.--A grant may be made under paragraph (1) only if-- ``(A) the State involved has developed, or agrees to develop, a plan for coordinating control programs in the State, and the plan takes into account any assessments or plans described in subsection (b)(3) that have been conducted or developed, respectively, by political subdivisions in the State; ``(B) in developing such plan, the State consulted or will consult (as the case may be under subparagraph (A)) with political subdivisions in the State that are carrying out or planning to carry out control programs; ``(C) the State agrees to monitor control programs in the State in order to ensure that the programs are carried out in accordance with such plan, with priority given to coordination of control programs in political subdivisions described in paragraph (2) that are contiguous; ``(D) the State agrees that the State will make grants to political subdivisions as described in paragraph (1)(B), and that such a grant will not exceed $10,000; and ``(E) the State agrees that the grant will be used to supplement, and not supplant, State and local funds available for the purpose described in paragraph (1). ``(4) Reports to secretary.--A grant may be made under paragraph (1) only if the State involved agrees that, promptly after the end of the fiscal year for which the grant is made, the State will submit to the Secretary a report that-- ``(A) describes the activities of the State under the grant; and ``(B) contains an evaluation of whether the control programs of political subdivisions in the State were effectively coordinated with each other, which evaluation takes into account any reports that the State received under subsection (b)(5) from such subdivisions. ``(5) Number of grants.--A State may not receive more than one grant under paragraph (1). ``(b) Prevention and Control Grants to Political Subdivisions.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to political subdivisions of States or consortia of political subdivisions of States, for the operation of control programs. ``(2) Preference in making grants.--In making grants under paragraph (1), the Secretary shall give preference to a political subdivision or consortium of political subdivisions that-- ``(A) has-- ``(i) a history of elevated incidence or prevalence of mosquito-borne disease; ``(ii) a population of infected mosquitoes; or ``(iii) met criteria determined by the Secretary to suggest an increased risk of elevated incidence or prevalence of mosquito-borne disease in the pending fiscal year; ``(B) demonstrates to the Secretary that such political subdivision or consortium of political subdivisions will, if appropriate to the mosquito circumstances involved, effectively coordinate the activities of the control programs with contiguous political subdivisions; ``(C) demonstrates to the Secretary (directly or through State officials) that the State in which such a political subdivision or consortium of political subdivisions is located has identified or will identify geographic areas in such State that have a significant need for control programs and will effectively coordinate such programs in such areas; and ``(D) is located in a State that has received a grant under subsection (a). ``(3) Requirement of assessment and plan.--A grant may be made under paragraph (1) only if the political subdivision or consortium of political subdivisions involved-- ``(A) has conducted an assessment to determine the immediate needs in such subdivision or consortium for a control program, including an entomological survey of potential mosquito breeding areas; and ``(B) has, on the basis of such assessment, developed a plan for carrying out such a program. ``(4) Requirement of matching funds.-- ``(A) In general.--With respect to the costs of a control program to be carried out under paragraph (1) by a political subdivision or consortium of political subdivisions, a grant under such paragraph may be made only if the subdivision or consortium agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than \1/3\ of such costs ($1 for each $2 of Federal funds provided in the grant). ``(B) Determination of amount contributed.--Non-Federal contributions required in subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(C) Waiver.--The Secretary may waive the requirement established in subparagraph (A) if the Secretary determines that extraordinary economic conditions in the political subdivision or consortium of political subdivisions involved justify the waiver. ``(5) Reports to secretary.--A grant may be made under paragraph (1) only if the political subdivision or consortium of political subdivisions involved agrees that, promptly after the end of the fiscal year for which the grant is made, the subdivision or consortium will submit to the Secretary, and to the State within which the subdivision or consortium is located, a report that describes the control program and contains an evaluation of whether the program was effective. ``(6) Amount of grant; number of grants.-- ``(A) Amount of grant.-- ``(i) Single political subdivision.--A grant under paragraph (1) awarded to a political subdivision for a fiscal year may not exceed $100,000. ``(ii) Consortium.--A grant under paragraph (1) awarded to a consortium of 2 or more political subdivisions may not exceed $110,000 for each political subdivision. A consortium is not required to provide matching funds under paragraph (4) for any amounts received by such consortium in excess of amounts each political subdivision would have received separately. ``(iii) Waiver of requirement.--A grant may exceed the maximum amount in clause (i) or (ii) if the Secretary determines that the geographical area covered by a political subdivision or consortium awarded a grant under paragraph (1) has an extreme need due to the size or density of-- ``(I) the human population in such geographical area; or ``(II) the mosquito population in such geographical area. ``(B) Number of grants.--A political subdivision or a consortium of political subdivisions may not receive more than one grant under paragraph (1). ``(c) Applications for Grants.--A grant may be made under subsection (a) or (b) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(d) Technical Assistance.--Amounts appropriated under subsection (f) may be used by the Secretary to provide training and technical assistance with respect to the planning, development, and operation of assessments and plans under subsection (a) and control programs under subsection (b). The Secretary may provide such technical assistance directly or through awards of grants or contracts to public and private entities. ``(e) Definition of Political Subdivision.--In this section, the term `political subdivision' means the local political jurisdiction immediately below the level of State government, including counties, parishes, and boroughs. If State law recognizes an entity of general government that functions in lieu of, and is not within, a county, parish, or borough, the Secretary may recognize an area under the jurisdiction of such other entities of general government as a political subdivision for purposes of this section. ``(f) Authorization of Appropriations.-- ``(1) In general.--For the purpose of carrying out this section, there are authorized to be appropriated $100,000,000 for fiscal year 2003, and such sums as may be necessary for each of fiscal years 2004 through 2007. ``(2) Public health emergencies.--In the case of control programs carried out in response to a mosquito-borne disease that constitutes a public health emergency, the authorization of appropriations under paragraph (1) is in addition to applicable authorizations of appropriations under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. ``(3) Fiscal year 2004 appropriations.--For fiscal year 2004, 50 percent or more of the funds appropriated under paragraph (1) shall be used to award grants to political subdivisions or consortia of political subdivisions under subsection (b).''. SEC. 3. RESEARCH PROGRAM OF NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES. Subpart 12 of 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 section: ``methods of controlling certain insect and vermin populations ``Sec. 463B. The Director of the Institute shall conduct or support research to identify or develop methods of controlling insect and vermin populations that transmit to humans diseases that have significant adverse health consequences.''. SEC. 4. REPORT. Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, after consultation with the Administrator of the Environmental Protection Agency shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report containing the following: (1) A description of the status of the development of protocols for ensuring the safety of the blood supply of the United States with respect to West Nile Virus, including-- (A) the status of the development of screening mechanisms; (B) changes in donor screening protocols; and (C) the implementation of surveillance systems for the transmission of the virus via the blood supply. (2) Recommendations for improvements to be made to the safety of the blood supply based on the development of protocols pursuant to paragraph (1), including the need for expedited review of screening mechanisms or other protocols. (3) The benefits and risks of the spraying of insecticides as a public health intervention, including recommendations and guidelines for such spraying. (4) The overall role of public health pesticides and the development of standards for the use of such pesticides compared to the standards when such pesticides are used for agricultural purposes. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Mosquito Abatement for Safety and Health Act - (Sec. 2) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to make grants to States for the purposes of: (1) coordinating mosquito control programs; and (2) assisting States to make grants to localities to conduct assessments regarding the need for control programs and to develop plans for carrying out such programs. Declares that a State may receive only one grant. Directs the Secretary to give preference to States that have one or more localities with high incidences or high risk of mosquito-borne disease or substantial populations of infected mosquitoes. Sets a maximum amount of $10,000 for grants to localities for assessments and plans. Requires States receiving grants to: (1) have developed, or to have agreed to develop, a plan for coordinating control programs in the State which takes into account any assessments or plans for control programs that have been conducted or developed in the State; (2) agree to monitor control programs in the State to ensure they are carried out in accordance with such plan; and (3) submit a report to the Secretary describing the activities of the State under the grant and evaluating whether the control programs of localities were effectively coordinated with each other. Allows the Secretary, acting through the Director, to make grants for control programs to localities or consortia of localities that have: (1) conducted an assessment of the needs for a program, with such assessment including an entomological survey of potential mosquito breeding areas; and (2) developed, based on the assessment, a plan for carrying out a control program. Directs the Secretary to give preference to localities and consortia that meet any of certain criteria, including having a history of elevated incidence of mosquito-borne disease or a population of infected mosquitoes. Requires each locality or consortium receiving a grant for a control program to make available matching funds in an amount not less than 1/3 of the cost of the program. Allows the Secretary to waive the matching requirement in the case of extraordinary economic conditions in a locality or consortium. Requires a locality or consortium receiving a grant to submit a report to the Secretary and to the State in which the locality or consortium is located describing the control program and its effectiveness. Limits grants to localities to a maximum amount of $100,000 for a fiscal year. Limits grants to consortia to a maximum amount of $110,000 for each constituent locality. Sets forth exceptions to such limits. States that a locality or consortium may receive only one grant. Permits the Secretary to provide training and technical assistance to localities and consortia with respect to the planning, development, and operation of control programs and to States with respect to assessments and plans. States that such assistance may be provided either directly or through award of grants or contracts to public and private entities. Authorizes appropriations. Requires that for FY 2004, at least 50 percent of appropriated funds be used to award grants to localities or consortia of localities. (Sec. 3) Requires the Director of the National Institute of Environmental Health Sciences to conduct or support research into methods to control the population of insects and vermin that transmit dangerous diseases to humans. (Sec. 4) Directs the Secretary of Health and Human Services to report to Congress on various topics, including: (1) the status of the development of protocols for ensuring the safety of the U.S. blood supply with respect to the West Nile Virus; and (2) the benefits and risks of the spraying of insecticides as a public health intervention, including recommendations and guidelines for such spraying.

A bill to authorize grants through the Centers for Disease Control and Prevention for mosquito control programs to prevent mosquito-borne diseases, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jacob Sexton Military Suicide Prevention Act of 2014''. SEC. 2. ANNUAL MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES. (a) Mental Health Assessments.-- (1) In general.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1074m the following new section: ``Sec. 1074n. Annual mental health assessments for members of the armed forces ``(a) Mental Health Assessments.--Subject to subsection (d), not less frequently than once each calendar year, the Secretary of Defense shall provide a person-to-person mental health assessment for-- ``(1) each member of the armed forces on active duty; and ``(2) each member of the Ready Reserve of an armed force. ``(b) Purpose.--The purpose of a mental health assessment provided pursuant to this section shall be to identify mental health conditions among members of the armed forces in order to determine which such members are in need of additional care, treatment, or other services for such health conditions. ``(c) Elements.--The mental health assessments provided pursuant to this section shall-- ``(1) be conducted in accordance with the requirements of subsection (c)(1) of section 1074m of this title with respect to a mental health assessment provided pursuant to such section; and ``(2) include a review of the health records of the member that are related to each previous health assessment or other relevant activities of the member while serving in the armed forces, as determined by the Secretary. ``(d) Sufficiency of Other Mental Health Assessments.--(1) The Secretary is not required to provide a mental health assessment pursuant to this section to an individual in a calendar year in which the individual has received a mental health assessment pursuant to section 1074m of this title. ``(2) The Secretary may treat periodic health assessments and other person-to-person assessments that are provided to members of the armed forces, including examinations under section 1074f of this title, as meeting the requirements for mental health assessments required under this section if the Secretary determines that such assessments and person-to-person assessments meet the requirements for mental health assessments established by this section. ``(e) Reports.--(1) Not less frequently than once each year, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the annual mental health assessments of members of the armed forces conducted pursuant to this section. ``(2) Each report required by paragraph (1) shall include, with respect to assessments conducted pursuant to this section during the one-year period preceding the date of the submittal of such report, the following: ``(A) The number of members who received an assessment. ``(B) A description of the tools and processes used to provide such assessments, including-- ``(i) whether such tools and processes are evidenced-based; and ``(ii) the process by which such tools and processes have been approved for use in providing mental health assessments. ``(C) A description of the mental health conditions detected through such assessments. ``(D) The number of members referred for care and services based on mental health conditions detected through such assessments. ``(E) Such recommendations for improving the monitoring and reporting of the number of members who receive care and services based on such referrals as the Secretary considers appropriate. ``(F) Such recommendations for improving the tools and processes used to conduct such assessments, including tools that may address the underreporting of mental health conditions, as the Secretary considers appropriate. ``(3) No personally identifiable information may be included in any report under paragraph (1). ``(f) Privacy Matters.--Any medical or other personal information obtained under this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information. ``(g) Regulations.--The Secretary of Defense shall, in consultation with the other administering Secretaries, prescribe regulations for the administration of this section.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1074m the following new item: ``1074n. Annual mental health assessments for members of the armed forces.''. (3) Implementation.--Not later than 180 days after the date of the issuance of the regulations prescribed under section 1074n(g) of title 10, United States Code, as added by paragraph (1) of this subsection, the Secretary of Defense shall implement such regulations. (b) Conforming Amendment.--Section 1074m(e)(1) of such title is amended by inserting ``and section 1074n of this title'' after ``pursuant to this section''. SEC. 3. INTERAGENCY WORKING GROUP ON THE PROVISION OF MENTAL HEALTH SERVICES TO MEMBERS OF THE NATIONAL GUARD AND THE RESERVES. (a) Establishment.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, the Assistant Secretary of Defense for Reserve Affairs, the Assistant Secretary of Defense for Health Affairs, the Chief of the National Guard Bureau, and the Secretary of Health and Human Services, convene an interagency working group to review and recommend collaborative approaches to improving the provision of mental health services to members of the National Guard and the Reserves. (b) Duties.--The duties of the interagency working group convened pursuant to subsection (a) are as follows: (1) To review existing programs that can be used to improve the provision of accessible, timely, and high-quality mental health services to members of the National Guard and the Reserves. (2) To recommend new interagency programs and partnerships to improve the provision of such mental health services to such members. (3) To recommend best practices for partnerships among the Armed Forces, the National Guard, the Department of Health and Human Services, States, and private and academic entities to improve the provision of mental health care to members of the National Guard and the Reserves. (c) Consultation.--In carrying out the duties under subsection (b), the interagency working group may consult with representatives of academia, industry, and such other relevant agencies, organizations, and institutions as the interagency working group considers appropriate. (d) Report.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report that includes the findings and recommendations of the interagency working group. (2) Appropriate committees of congress.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the congressional defense committees, as that term is defined in section 101(a)(16) of title 10, United States Code; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; and (C) the Committee on Energy and Commerce of the House of Representatives. (e) Privacy Matters.-- (1) In general.--Any medical or other personal information obtained pursuant to any provision of this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information. (2) Exclusion of personally identifiable information from reports.--No personally identifiable information may be included in any report required by subsection (d). SEC. 4. REPORT ON IMPROVEMENTS IN THE IDENTIFICATION AND TREATMENT OF MENTAL HEALTH CONDITIONS AND TRAUMATIC BRAIN INJURY AMONG MEMBERS OF THE ARMED FORCES. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth an evaluation of specific tools, processes, and best practices to improve the identification of and treatment by the Armed Forces of mental health conditions and traumatic brain injury among members of the Armed Forces. (b) Elements.--The report under subsection (a) shall include the following: (1) An evaluation of existing peer-to-peer identification and intervention programs in each of the Armed Forces. (2) An evaluation of the Star Behavioral Health Providers program and similar programs that provide training and certification to health care providers that treat mental health conditions and traumatic brain injury in members of the Armed Forces. (3) An evaluation of programs and services provided by the Armed Forces that provide training and certification to providers of cognitive rehabilitation and other rehabilitation for traumatic brain injury to members of the Armed Forces. (4) An evaluation of programs and services provided by the Armed Forces that target members of the Armed Forces and family members affected by suicides among members of the Armed Forces. (5) An evaluation of tools and processes used by the Armed Forces to identify traumatic brain injury in members of the Armed Forces and to distinguish mental health conditions likely caused by traumatic brain injury from mental health conditions caused by other factors. (6) An evaluation of the unified effort of the Armed Forces to promote mental health and prevent suicide through the integration of clinical and non-clinical programs of the Armed Forces. (7) Recommendations with respect to improving, consolidating, expanding, and standardizing the programs, services, tools, processes, and efforts described in paragraphs (1) through (6). (8) A description of existing efforts to reduce the time from development and testing of new mental health and traumatic brain injury tools and treatments for members of the Armed Forces to widespread dissemination of such tools and treatments among the Armed Forces. (9) Recommendations as to the feasibility and advisability of establishing preliminary mental health assessments and pre- discharge mental health assessments for members of the Armed Forces, including the utility of using tools and processes in such mental health assessments that conform to those used in other mental health assessments provided to members of the Armed Forces. (10) Recommendations on tracking changes in the mental health assessment of a member of the Armed Forces relating to traumatic brain injury, post-traumatic stress disorder, depression, anxiety, and other conditions. (11) A description of the methodology used by the Secretary in preparing the report required by this section, including a description of the input provided by the entity and individuals consulted pursuant to subsection (c). (c) Consultation.--The Secretary of Defense shall carry out this section in consultation with the following: (1) An advisory council composed of-- (A) behavioral health officers of the Public Health Service; and (B) mental health and other health providers who serve members of the regular and reserve components of each Armed Force. (2) The Assistant Secretary of Defense for Health Affairs. (3) The Assistant Secretary of Defense for Reserve Affairs. (4) The Secretaries of the military departments. (5) The Chief of the National Guard Bureau. (6) The Secretary of Veterans Affairs. (7) The Secretary of Health and Human Services. (8) The Director of the Centers for Disease Control and Prevention. (9) The Administrator of the Substance Abuse and Mental Health Services Administration. (10) The Director of the National Institutes of Health. (11) The President of the Institute of Medicine. (d) Privacy Matters.-- (1) In general.--Any medical or other personal information obtained pursuant to any provision of this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information. (2) Exclusion of personally identifiable information from reports.--No personally identifiable information may be included in any report required by subsection (a). (e) Definitions.--In this section: (1) Preliminary mental health assessment.--The term ``preliminary mental health assessment'' means a mental health assessment conducted with respect to an individual before the individual enlists in the Armed Forces or is commissioned as an officer in the Armed Forces. (2) Pre-discharge mental health assessment.--The term ``pre-discharge mental health assessment'' means a mental health assessment conducted with respect to an individual during the 90-day period preceding the date of discharge or release of the individual from the Armed Forces.

Jacob Sexton Military Suicide Prevention Act of 2014 - Directs the Secretary of Defense (DOD), at least once each year, to: (1) provide a person-to-person mental health assessment for each member of the Armed Forces on active duty and for each member of the Ready Reserve of an Armed Force for the purpose of identifying mental health conditions to determine which members are in need of additional care, treatment, or other services; and (2) submit to the House and Senate Armed Services Committees a report on such assessments, including on the number of members referred for care and services based on mental health conditions detected. Requires the Secretary to: (1) convene an interagency working group to review and recommend collaborative approaches to improving the provision of mental health services to members of the National Guard and the Reserves; (2) report the findings and recommendations of the working group to specified congressional committees; and (3) report to the Armed Services Committees on an evaluation of specific tools, processes, and best practices to improve the identification of, and treatment by the Armed Forces of, mental health conditions and traumatic brain injury among members of the Armed Forces.

Jacob Sexton Military Suicide Prevention Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smartphone Theft Prevention Act''. SEC. 2. FINDINGS. Congress finds that-- (1) mobile device theft costs consumers $30,000,000,000 each year, according to the Federal Communications Commission; (2) 1 in 3 robberies include the theft of a mobile device; (3) carriers, manufacturers, law enforcement, and the Federal Communications Commission have worked to address the growing trend of mobile device theft, but more remains to be done; (4) consumers deserve to have the most secure technology available to protect them and their information; (5) technological protections continue to develop, evolve, and improve in ways that are good for the economy and the consumers of the United States, and for public safety in the United States; (6) the wireless industry should work with law enforcement to educate consumers about the security tools that are available to them and how to keep their data, their devices, and themselves safe; and (7) because engineering and security needs change rapidly, the mobile device industry, law enforcement, and consumer advocates are best suited to proactively develop solutions to protect consumers, drive innovation, and deter theft. SEC. 3. FUNCTION FOR STOLEN MOBILE DEVICES. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 343. FUNCTION FOR STOLEN MOBILE DEVICES. ``(a) Definitions.--In this section-- ``(1) the term `account holder', with respect to a mobile device-- ``(A) means the person who holds the account through which commercial mobile service or commercial mobile data service is provided on the device; and ``(B) includes a person authorized by the person described in subparagraph (A) to take actions with respect to the device; ``(2) the term `commercial mobile data service' has the meaning given the term in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401); ``(3) the term `commercial mobile service' has the meaning given the term in section 332; and ``(4) the term `mobile device' means a personal electronic device on which commercial mobile service or commercial mobile data service is provided. ``(b) Requirements.-- ``(1) Function.--A provider of commercial mobile service or commercial mobile data service on a mobile device shall make available on the device a function that-- ``(A) may only be used by the account holder; and ``(B) includes the capability to remotely-- ``(i) delete or render inaccessible from the device all information relating to the account holder that has been placed on the device; ``(ii) render the device inoperable on the network of any provider of commercial mobile service or commercial mobile data service globally, even if the device is turned off or has the data storage medium removed; ``(iii) prevent the device from being reactivated or reprogrammed without a passcode or similar authorization after the device has been-- ``(I) rendered inoperable as described in clause (ii); or ``(II) subject to an unauthorized factory reset; and ``(iv) reverse any action described in clause (i), (ii), or (iii) if the device is recovered by the account holder. ``(2) Device standards.--A person may not manufacture in the United States, or import into the United States for sale or resale to the public, a mobile device unless the device is configured in such a manner that the provider of commercial mobile service or commercial mobile data service on the device may make available on the device the function required under paragraph (1). ``(3) Exemptions for functionally equivalent technology.-- ``(A) Mobile service providers.--The Commission may exempt a provider of commercial mobile service or commercial mobile data service on a mobile device from the requirement under paragraph (1), with respect to that device, if the provider makes available on the device technology that accomplishes the functional equivalent of the function required under paragraph (1). ``(B) Manufacturers and importers.--The Commission may exempt a person from the requirement under paragraph (2), with respect to a mobile device that the person manufactures in the United States or imports into the United States for sale or resale to the public, if the device is configured in such a manner that the provider of commercial mobile service or commercial mobile data service on the device may make available on the device technology that accomplishes the functional equivalent of the function required under paragraph (1). ``(4) Waiver for low-cost, voice-only mobile devices.--The Commission may waive the applicability of the requirements under paragraphs (1) and (2) with respect to any low-cost mobile device that-- ``(A) is intended for primarily voice-only mobile service; and ``(B) may have limited data consumption functions focused on text messaging or short message service. ``(c) No Fee.--A provider of commercial mobile service or commercial mobile data service on a mobile device may not charge the account holder any fee for making the function described in subsection (b)(1), or any equivalent technology described in subsection (b)(3)(A), available to the account holder. ``(d) Forfeiture Penalty.-- ``(1) In general.--Any person that is determined by the Commission, in accordance with paragraphs (3) and (4) of section 503(b), to have violated subsection (b) or (c) of this section shall be liable to the United States for a forfeiture penalty, in an amount to be determined by the Commission. ``(2) Other penalties.--A forfeiture penalty under this subsection shall be in addition to any other penalty provided for in this Act. ``(e) Rule of Construction.--Nothing in this section shall be construed to prohibit a manufacturer of mobile devices, or a provider of commercial mobile service or commercial mobile data service, from taking actions not described in this section to protect consumers from the theft of mobile devices.''. (b) Applicability of Function Requirement.-- (1) Definition.--In this subsection, the term ``mobile device'' has the meaning given the term in section 343 of the Communications Act of 1934, as added by subsection (a). (2) Applicability.--Except as provided in paragraph (3), section 343 of the Communications Act of 1934, as added by subsection (a), shall apply with respect to any mobile device that, on or after January 1, 2015, is-- (A) manufactured in the United States; or (B) imported into the United States for sale to the public. (3) Compliance extensions.--The Federal Communications Commission may exempt a person that is subject to any requirement under section 343(b) of the Communications Act of 1934, as added by subsection (a), from that requirement for a temporary period after the date described in paragraph (2) of this subsection, upon a showing by the person that the person requires more time to be able to comply with the requirement.

Smartphone Theft Prevention Act - Amends the Communications Act of 1934 to require commercial mobile service providers to make available on mobile devices a function that an account holder may use remotely to: (1) delete or render inaccessible all information relating to the account holder that has been placed on the device; (2) render the device inoperable on the global networks of such service providers, even if the device is turned off or has the data storage medium removed; (3) prevent the device from being reactivated or reprogrammed without a passcode or similar authorization after the device has been rendered inoperable or has been subject to an unauthorized factory reset; and (4) reverse any such actions if the device is recovered by the account holder. Prohibits a mobile device from being manufactured in the United States or imported into the United States for sale or resale to the public, unless the device is configured in such a manner that a service provider may make such remote deletion and inoperability functions available on the device. Allows the Federal Communications Commission (FCC) to waive such requirements with respect to any low-cost mobile device that: (1) is intended primarily for voice-only mobile service, and (2) may have limited data consumption functions focused on text messaging or short message service. Prohibits service providers from charging a fee for making such remote deletion and inoperability functions available.

Smartphone Theft Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Violence Reduction Training Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Domestic violence and sexual assault represent serious threats to the health and well-being of millions of women in the United States. (2) Violence against women has serious health consequences for its victims, including fatality, severe trauma, repeated physical injuries, and chronic stress-related disorder. (3) Violence against women has serious mental health consequences for its victims, including substance abuse, severe psychological trauma, and suicide. (4) Approximately 4,000,000 women in the United States are victims of domestic violence each year. (5) One of two women is a victim of domestic violence or sexual assault during her lifetime. (6) Battering is the leading cause of injury to women. (7) It has been estimated that 1 in 6 pregnant women are battered, resulting in increased rates of miscarriage, stillbirths, and low-birthweight babies. (8) Domestic violence may account for as much as one-third of emergency-room visits by women, an annual total of approximately 28,700 such visits. (9) Estimates based on the National Crime Survey provide that domestic violence accounts for 21,000 hospitalizations, 99,800 days of hospitalization, and 39,900 visits to a physician each year. (10) Fewer than 5 percent of injured women are correctly diagnosed by medical personnel as being victims of domestic violence. (11) Hospitals and clinics do not have a uniform set of protocols for the identification and referral of victims of domestic violence and sexual assault, or for the training of health care professionals to perform such functions. (12) A national surveillance system for monitoring the health effects of domestic violence and sexual assault should be established to determine the nature and extent of such violence and assault in the United States. (13) The Surgeon General has identified domestic violence as a public health problem to which all health care providers must actively and vigorously respond. (14) Estimates of the percentage of male batterers who also abuse their children range from 50 percent to 75 percent. SEC. 3. ESTABLISHMENT OF CERTAIN HEALTH PROGRAMS REGARDING DOMESTIC VIOLENCE AND SEXUAL ASSAULT. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by section 308 of Public Law 102-531 (106 Stat. 3495), is amended by inserting after section 317D the following section: ``health programs regarding domestic violence and sexual assault ``Sec. 317E. (a) Demonstration Projects for Identification and Referrals of Victims.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants, contracts and cooperative agreements to public and nonprofit private entities for the purpose of carrying out demonstration projects in which health care providers are trained to-- ``(A) appropriately interview and identify individuals whose medical condition or statements indicate that the individuals are victims of domestic violence or sexual assault; and ``(B) refer the individuals to entities that provide services regarding such violence and assault, including referrals for counseling, housing (including temporary housing), legal services, and services of community organizations. ``(2) Application.--A grant, contract or cooperative agreement may not be made or entered into under this section unless an application for such grant, contract or agreement has been submitted to and approved by the Secretary. ``(3) Approval.--A grant, contract or cooperative agreement under this section shall be awarded in accordance with such regulations as the Secretary may promulgate. To be approved by the Secretary, an application submitted under paragraph (2) shall-- ``(A) demonstrate that the applicant intends to use protocols developed by or under development by entities with demonstrated expertise in domestic violence or sexual assault; and ``(B) demonstrate that, in providing such training, the applicant is willing to work with local groups that have expertise in treatment and prevention of domestic violence and sexual assault. ``(4) Considerations.--In awarding a grant, contract or cooperative agreement under this section, the Secretary shall take into account-- ``(A) the number of health care providers to be trained; ``(B) the diversity of health care providers to be trained; and ``(C) the extent to which a hospital is actively complying with the standards of the Joint Commission on Accreditation of Hospitals and Organizations to promote improved recognition and treatment of possible victims of abuse in hospitals, emergency departments, and ambulatory care units, when training hospital-based health care providers. ``(5) Reports.--The Secretary may award a grant, contract or cooperative agreement under paragraph (1) only if the applicant for the grant, contract or cooperative agreement agrees to submit to the Secretary a report describing the activities of the project under such paragraph for the fiscal year for which the grant, contract or cooperative agreement is awarded. ``(b) Public Education.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out a program to educate health care providers and the public on the consequences to the public health of domestic violence and sexual assault. ``(c) Epidemiological Research.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall provide for the conduct of epidemiological research on domestic violence and sexual assault. In providing for such research, the Secretary shall ensure that, with respect to such violence and assault, data is collected on-- ``(A) the incidence of cases and the effect of the cases on the costs of health care in the United States; ``(B) the type and severity of injuries sustained and the type and severity of any other resulting health conditions; ``(C) the extent to which victims seek treatment, including a comparison of the incidence of cases with the incidence of seeking treatment; ``(D) a description of common circumstances influencing victims not to seek treatment; ``(E) the types of medical facilities and health care providers from which victims seek treatment; and ``(F) the demographic characteristics of the individuals from whom data described in subparagraphs (A) through (E) is collected. ``(2) National system.--In carrying out paragraph (1), the Secretary shall cooperate with the States for the purpose of establishing, to the extent practicable, a national system for the collection of data regarding domestic violence and sexual assault. ``(3) Confidentiality.--Standards of confidentiality under section 308(d) shall apply to data collected under paragraph (1) to the same extent and in the same manner as such section applies to information obtained under section 304, 306, or 307. ``(4) Report.--Not later than February 1, 1996, and every 2 years thereafter, the Secretary shall submit to the Congress a report summarizing the data collected under paragraph (1) for the preceding 2 years. ``(c) Authorization of Appropriations.-- ``(1) In general.--For the purpose of carrying out this section, there are authorized to be appropriated $20,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1997. ``(2) Allocation for demonstration projects.--Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary shall make available not less than 60 percent for grants, contracts or cooperative agreements under subsection (a).''.

Violence Reduction Training Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants to entities for demonstration projects in which health care providers are trained to: (1) interview and identify victims of domestic violence or sexual assault; and (2) refer such victims to entities providing treatment services. Directs the Secretary to carry out a program to educate health care providers and the public concerning domestic violence and assault. Provides for the conduct of epidemiological research on domestic violence and assault.

Violence Reduction Training Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mutual Fund Transparency Act of 2003''. SEC. 2. DISCLOSURE OF FINANCIAL RELATIONSHIPS BETWEEN BROKERS AND MUTUAL FUND COMPANIES. (a) In General.--Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)) is amended by adding at the end the following: ``(11) Confirmation of transactions for mutual funds.-- ``(A) In general.--Each broker shall disclose in writing to customers that purchase the shares of an open-end company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8)-- ``(i) the amount of any compensation received or to be received by the broker in connection with such transaction from any sources; and ``(ii) such other information as the Commission determines appropriate. ``(B) Timing of disclosure.--The disclosure required under subparagraph (A) shall be made to a customer not later than as of the date of the completion of the transaction. ``(C) Limitation.--The disclosures required under subparagraph (A) may not be made exclusively in-- ``(i) a registration statement or prospectus of an open-end company; or ``(ii) any other filing of an open-end company with the Commission. ``(D) Commission authority.-- ``(i) In general.--The Commission shall promulgate such rules as are necessary to carry out this paragraph not later than 1 year after the date of enactment of the Mutual Fund Transparency Act of 2003. ``(ii) Form of disclosure.--Disclosures under this paragraph shall be in such form as the Commission, by rule, shall require. ``(E) Definition.--In this paragraph, the term `open-end company' has the same meaning as in section 5 of the Investment Company Act of 1940 (15 U.S.C. 80a- 5).''. (b) Disclosure of Brokerage Commissions.--Section 30 of the Investment Company Act of 1940 (15 U.S.C. 80a-29) is amended by adding at the end the following: ``(k) Disclosure of Brokerage Commissions.--The Commission, by rule, shall require that brokerage commissions as an aggregate dollar amount and percentage of assets paid by an open-end company be included in any disclosure of the amount of fees and expenses that may be payable by the holder of the securities of such company for purposes of-- ``(1) the registration statement of that open-end company; and ``(2) any other filing of that open-end company with the Commission, including the calculation of expense ratios.''. SEC. 3. MUTUAL FUND GOVERNANCE. (a) Independent Fund Boards.--Section 10(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-10(a)) is amended-- (1) by striking ``shall have'' and inserting the following: ``shall-- ``(1) have''; (2) by striking ``60 per centum'' and inserting ``25 percent''; (3) by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(2) have as chairman of its board of directors an interested person of such registered company; or ``(3) have as a member of its board of directors any person that is an interested person of such registered investment company-- ``(A) who has served without being approved or elected by the shareholders of such registered investment company at least once every 5 years; and ``(B) unless such director has been found, on an annual basis, by a majority of the directors who are not interested persons, after reasonable inquiry by such directors, not to have any material business or familial relationship with the registered investment company, a significant service provider to the company, or any entity controlling, controlled by, or under common control with such service provider, that is likely to impair the independence of the director.''. (b) Action by Independent Directors.--Section 10 of the Investment Company Act of 1940 (15 U.S.C. 80a-10) is amended by adding at the end the following: ``(i) Action by Board of Directors.--No action taken by the board of directors of a registered investment company may require the vote of a director who is an interested person of such registered investment company. ``(j) Independent Committee.-- ``(1) In general.--The members of the board of directors of a registered investment company who are not interested persons of such registered investment company shall establish a committee comprised solely of such members, which committee shall be responsible for-- ``(A) selecting persons to be nominated for election to the board of directors; and ``(B) adopting qualification standards for the nomination of directors. ``(2) Disclosure.--The standards developed under paragraph (1)(B) shall be disclosed in the registration statement of the registered investment company.''. (c) Definition of Interested Person.--Section 2(a)(19) of the Investment Company Act of 1940 (15 U.S.C. 80a-2) is amended-- (1) in subparagraph (A)-- (A) in clause (iv), by striking ``two'' and inserting ``5''; and (B) by striking clause (vii) and inserting the following: ``(vii) any natural person who has served as an officer or director, or as an employee within the preceding 10 fiscal years, of an investment adviser or principal underwriter to such registered investment company, or of any entity controlling, controlled by, or under common control with such investment adviser or principal underwriter; ``(viii) any natural person who has served as an officer or director, or as an employee within the preceding 10 fiscal years, of any entity that has within the preceding 5 fiscal years acted as a significant service provider to such registered investment company, or of any entity controlling, controlled by, or under the common control with such service provider; ``(ix) any natural person who is a member of a class of persons that the Commission, by rule or regulation, determines is unlikely to exercise an appropriate degree of independence as a result of-- ``(I) a material business relationship with the investment company or an affiliated person of such investment company; ``(II) a close familial relationship with any natural person who is an affiliated person of such investment company; or ``(III) any other reason determined by the Commission.''; (2) in subparagraph (B)-- (A) in clause (iv), by striking ``two'' and inserting ``5''; and (B) by striking clause (vii) and inserting the following: ``(vii) any natural person who is a member of a class of persons that the Commission, by rule or regulation, determines is unlikely to exercise an appropriate degree of independence as a result of-- ``(I) a material business relationship with such investment adviser or principal underwriter or affiliated person of such investment adviser or principal underwriter; ``(II) a close familial relationship with any natural person who is an affiliated person of such investment adviser or principal underwriter; or ``(III) any other reason as determined by the Commission.''. (d) Definition of Significant Service Provider.--Section 2(a) of the Investment Company Act of 1940 is amended by adding at the end the following: ``(53) Significant service provider.-- ``(A) In general.--Not later than 270 days after the date of enactment of the Mutual Fund Transparency Act of 2003, the Securities and Exchange Commission shall issue final rules defining the term `significant service provider'. ``(B) Requirements.--The definition developed under paragraph (1) shall include, at a minimum, the investment adviser and principal underwriter of a registered investment company for purposes of paragraph (19).''. (e) Study.-- (1) In general.--The Securities and Exchange Commission shall conduct a study to determine whether the best interests of investors in mutual funds would be served by the creation of a Mutual Fund Oversight Board that-- (A) has inspection, examination, and enforcement authority over mutual fund boards of directors; (B) is funded by assessments against mutual fund assets; (C) the members of which are selected by the Securities and Exchange Commission; and (D) has rulemaking authority. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall submit a report on the study required under paragraph (1) to-- (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Financial Services of the House of Representatives. SEC. 4. PORTFOLIO MANAGER COMPENSATION. Not later than 270 days after the date of enactment of this Act, the Securities and Exchange Commission shall prescribe rules under the Investment Company Act of 1940, requiring that a registered investment company disclose the structure of, or method used to determine, the compensation of-- (1) individuals employed by the investment adviser of the company to manage the portfolio of the company; and (2) the ownership interest of such individuals in the securities of the registered investment company. SEC. 5. FINANCIAL LITERACY AMONG MUTUAL FUND INVESTORS STUDY. (a) In General.--The Securities and Exchange Commission shall conduct a study to identify-- (1) the existing level of financial literacy among investors that purchase shares of open-end companies, as such term is defined under section 5 of the Investment Company Act of 1940, that are registered under section 8 of such Act; (2) the most useful and understandable relevant information that investors need to make sound financial decisions prior to purchasing such shares; (3) methods to increase the transparency of expenses and potential conflicts of interest in transactions involving the shares of open-end companies; (4) the existing private and public efforts to educate investors; and (5) a strategy to increase the financial literacy of investors that results in a positive change in investor behavior. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall submit a report on the study required under subsection (a) to-- (1) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Financial Services of the House of Representatives. SEC. 6. STUDY REGARDING MUTUAL FUND ADVERTISING. (a) In General.--The Comptroller General of the United States shall conduct a study on mutual fund advertising to identify-- (1) existing and proposed regulatory requirements for open- end investment company advertisements; (2) current marketing practices for the sale of open-end investment company shares, including the use of unsustainable past performance data, funds that have merged, and incubator funds; (3) the impact of such advertising on consumers; (4) recommendations to improve investor protections in mutual fund advertising and additional information necessary to ensure that investors can make informed financial decisions when purchasing shares. (b) 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 on the results of the study conducted under subsection (a) to-- (1) the Committee on Banking, Housing, and Urban Affairs of the United States Senate; and (2) the Committee on Financial Services of the House of Representatives.

Mutual Fund Transparency Act of 2003 - Amends the Securities Exchange Act of 1934 to require brokers to disclose in writing to purchasers of mutual funds the amount of any compensation received or to be received by the broker in connection with the transaction. Prohibits such disclosure from appearing exclusively in either a registration statement or prospectus of an open-end company, or any other filing with the Securities and Exchange Commission (SEC). Amends the Investment Company Act of 1940 to direct the SEC to require, by rule, that brokerage commissions paid by an open-end company be included in any disclosure of fees and expenses payable by a holder of company securities in a registration statement or other filing with the SEC, including the calculation of expense ratios. Reduces from 60 percent to 25 percent the number of interested persons who may serve on the board of directors of a registered investment company. Prohibits any interested person from serving as board chairman. Prohibits an interested person from serving on such board unless the person has been: (1) approved or elected by the shareholders at least once every five years; and (2) found, on an annual basis, not to have any material business or familial relationship with the registered investment company, a significant service provider to the company, or any entity controlling, controlled by, or under common control with such service provider that is likely to impair his or her independence. Declares that no action taken by the board of directors of a registered investment company may require the vote of an interested director. Requires the members of the board of directors who are not interested persons to establish a committee composed solely of such members to: (1) select nominees for election to the board; and (2) adopt qualification standards for such nominees. Directs the SEC to study and report to specified congressional committees on: (1) whether the best interests of investors in mutual funds would be served by creation of a Mutual Fund Oversight Board; and (2) financial literacy among mutual fund investors. Directs the SEC to prescribe rules for disclosure by a registered investment company of the compensation structure for individuals employed by the investment adviser to manage the company portfolio, and the ownership interest of such individuals in the securities of the registered investment company.

A bill to require disclosure of Financial relationships between brokers and mutual fund companies and of certain brokerage commissions paid by mutual fund companies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Lending Enhancement and Regulatory Relief Act of 2013'' or the ``CLEAR Relief Act of 2013''. SEC. 2. COMMUNITY BANK EXEMPTION FROM ANNUAL MANAGEMENT ASSESSMENT OF INTERNAL CONTROLS REQUIREMENT OF THE SARBANES-OXLEY ACT OF 2002. Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is amended by adding at the end the following: ``(d) Community Bank Exemption.-- ``(1) Definitions.--In this subsection-- ``(A) the term `bank holding company' has the same meaning as in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841); ``(B) the term `insured depository institution' has the same meaning as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and ``(C) the term `savings and loan holding company' has the same meaning as in section 10 of the Home Owners' Loan Act (12 U.S.C. 1467a). ``(2) In general.--This section and the rules prescribed under this section shall not apply in any fiscal year to any bank holding company, savings and loan holding company, or insured depository institution which, as of the end of the preceding fiscal year, had total consolidated assets of $1,000,000,000 or less. ``(3) Adjustment of amount.--The Commission shall annually adjust the dollar amount in paragraph (1) by an amount equal to the percentage increase, for the most recent year, in total assets held by all bank holding companies, savings and loan holding companies, and insured depository institutions, as reported by the Federal Deposit Insurance Corporation.''. SEC. 3. CHANGES REQUIRED TO THE SMALL BANK HOLDING COMPANY POLICY STATEMENT ON ASSESSMENT OF FINANCIAL AND MANAGERIAL FACTORS. (a) Definitions.--In this section-- (1) the term ``bank holding company'' has the same meaning as in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841); (2) the term ``Board'' means the Board of Governors of the Federal Reserve System; (3) the term ``financial institution'' means-- (A) an insured depository institution; (B) a bank holding company; (C) a savings and loan holding company; and (D) a foreign bank subject to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.); (4) the term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and (5) the term ``savings and loan holding company'' has the same meaning as in section 10 of the Home Owners' Loan Act (12 U.S.C. 1467a). (b) Federal Reserve Board.--The policy statement of the Board in the Small Bank Holding Company Statement in part 225 of the appendix to title 12, Code of Federal Regulations (or any successor thereto), shall apply to each financial institution that-- (1) is otherwise subject to that policy statement; and (2) has consolidated assets of less than $5,000,000,000. SEC. 4. ESCROW REQUIREMENTS RELATING TO CERTAIN CONSUMER CREDIT TRANSACTIONS. Section 129D(c) of the Truth in Lending Act (15 U.S.C. 1639d(c)) is amended-- (1) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively, and moving the margins 2 ems to the right; (2) by striking ``The Bureau'' and inserting the following: ``(1) In general.--The Bureau''; and (3) by adding at the end the following: ``(2) Treatment of loans held by smaller institutions.--The Bureau shall, by regulation, exempt from the requirements of subsection (a) any loan secured by a first lien on the principal dwelling of a consumer, if such loan is held by an insured depository institution having assets of $10,000,000,000 or less.''. SEC. 5. MINIMUM STANDARDS FOR RESIDENTIAL MORTGAGE LOANS. Section 129C(b)(2) of the Truth in Lending Act (15 U.S.C. 1639c(b)(2)) is amended-- (1) by adding at the end the following: ``(F) Safe harbor.--In this section-- ``(i) the term `qualified mortgage' includes any mortgage loan that is originated and retained in portfolio for a period of not less than 3 years by a depository institution having less than $10,000,000,000 in total assets; and ``(ii) loans described in clause (i) shall be deemed to meet the requirements of subsection (a).''; and (2) in subparagraph (E)-- (A) by striking ``The Bureau may, by regulation,'' and inserting ``The Bureau shall, by regulation,''; and (B) by striking clause (iv) and inserting the following: ``(iv) that is extended by an insured depository institution that-- ``(I) originates and retains the balloon loans in portfolio for a period of not less than 3 years; and ``(II) together with its affiliates has less than $10,000,000,000 in total consolidated assets.''.

Community Lending Enhancement and Regulatory Relief Act of 2013 or CLEAR Relief Act of 2013 - Amends the Sarbanes-Oxley Act of 2002 to exempt from its rules regarding management assessment of internal controls the following institutions which, as of the end of the preceding fiscal year, had total consolidated assets of $1 billion or less (adjusted annually according to a certain formula): (1) a bank holding company, (2) a savings and loan holding company, or (3) an insured depository institution. Declares the "Small Bank Holding Company Statement" of the Board of Governors of the Federal Reserve System (Board) applicable to a financial institution that: (1) is otherwise subject to that policy statement, and (2) has consolidated assets of less than $5 billion. Amends the Truth in Lending Act (TILA) to require the Consumer Financial Protection Bureau (CFPB) to exempt from requirements governing escrow or impound accounts affecting certain consumer credit transactions any loans secured by a first lien on the principal dwelling of a consumer, if such loans are held by an insured depository institution having assets of $10 billion or less. Includes as a qualified mortgage, with respect to the presumption that a qualified residential mortgage loan meets certain minimum standards, any mortgage loan originated and retained in portfolio for at least three years by a depository institution having less than $10 billion in total assets. Requires the CFPB (which currently is merely authorized) to provide by regulation that a "qualified mortgage" includes a balloon loan extended by an insured depository institution that: (1) originates and retains balloon loans in portfolio for at least three years, and (2) together with its affiliates has less than $10 billion in total consolidated assets.

Community Lending Enhancement and Regulatory Relief Act of 2013

SECTION 1. EXCEPTION FROM PASSIVE LOSS RULES FOR INVESTMENTS IN HIGH TECHNOLOGY RESEARCH SMALL BUSINESS PASS-THRU ENTITIES. (a) In General.--Subsection (c) of section 469 of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) High technology research activities.-- ``(A) In general.--The term `passive activity' shall not include any activity of the taxpayer carried on by a high technology research small business pass- thru entity. ``(B) High technology research small business pass- thru entity.--For purposes of this paragraph, the term `high technology research small business pass-thru entity' means any domestic pass-thru entity for any taxable year if-- ``(i) either-- ``(I) more than 75 percent of the entity's expenditures (including salaries, rent and overhead) for such taxable year are paid or incurred in connection with qualified research (within the meaning of section 41(d)(1)(B) taking into account section 41(d)(4) and constituting elements of a process of experimentation for a purpose described in paragraph (3) of section 41(d)), or ``(II) more than 50 percent of the entity's expenditures for such taxable year constitute qualified research expenses (as defined in section 41(b), but determined without regard to the phrase `65 percent of' in paragraph (3)(A) thereof), ``(ii) such entity is a small business (within the meaning of section 41(b)(3)(D)(iii) applied by substituting `250' for `500' in subclause (I) thereof), and ``(iii) at no time during the taxable year does the entity have aggregate gross assets in excess of $150,000,000. ``(C) Provisions related to aggregate gross assets limitation.--For purposes of this paragraph-- ``(i) In general.--Except as otherwise provided in this subparagraph, the term `aggregate gross assets' has the meaning given such term in section 1202(d)(2). ``(ii) Exception for certain intangibles.-- Any section 197 intangible (as defined in section 197(d) and determined without regard to section 197(e)) which is used directly in connection with the research referred to in subparagraph (B)(i) shall not be taken into account in determining aggregate gross assets. ``(iii) Exception for certain follow-on investments.--Cash from a sale of equity interests shall not be taken into account in determining aggregate gross assets if-- ``(I) the aggregate gross assets of such entity (determined immediately after such sale and without regard to this clause) do not exceed the sum of $150,000,000, plus 25 percent of the aggregate gross assets of such entity (determined immediately before such sale and without regard to this clause), and ``(II) the aggregate gross assets of such entity (determined immediately before such sale and without regard to this clause) do not exceed $150,000,000. Sales of equity interests which are part of the same plan or arrangement, or which are carried out with the principal purpose of increasing the amount of cash to which this clause applies (determined without regard to this sentence), shall be treated as a single sale for purposes of this clause. ``(iv) Inflation adjustment.--In the case of any taxable year beginning after 2013, the $150,000,000 amount in subparagraph (B)(iii) and subclauses (I) and (II) of clause (iii) shall each be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost of living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins determined by substituting `calendar year 2012' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest $100,000. ``(D) Capital expenditures taken into account for expenditures test.--An expenditure shall not fail to be taken into account under subparagraph (B)(i) merely because such expenditure is chargeable to capital account. ``(E) Pass-thru entity.--For purposes of this paragraph, the term `pass-thru entity' means any partnership, S corporation, or other entity identified by the Secretary as a pass-thru entity for purposes of this paragraph. ``(F) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as a single entity for purposes of subparagraphs (B) and (C)(iii). ``(G) Activities not engaged in for profit and economic substance rules.--Section 183 and the economic substance rules of section 7701(o) shall not apply to disallow the losses, deductions, and credits of a high technology research small business pass-thru entity solely as a result of losses incurred by such entity.''. (b) Material Participation Not Required.--Paragraph (5) of section 469(c) of such Code, as redesignated by subsection (a), is amended by striking ``and (3)'' in the heading and text and inserting ``, (3), and (4)''. (c) Certain Research-Related Deductions and Credits of High Technology Research Small Business Pass-Thru Entities Allowed for Purposes of Determining Alternative Minimum Tax.-- (1) Deduction for research and experimental expenditures.-- Paragraph (2) of section 56(b) of such Code is amended by adding at the end the following new subparagraph: ``(E) Exception for high technology research small business pass-thru entities.--In the case of a high technology research small business pass-thru entity (as defined in section 469(c)(4)), this paragraph shall not apply to any amount allowable as a deduction under section 174(a).''. (2) Allowance of certain research-related credits.-- Subparagraph (B) of section 38(c)(4) of such Code is amended by redesignating clauses (ii) through (ix) as clauses (iii) through (x), respectively, and by inserting after clause (i) the following new clause: ``(ii) the credits determined under sections 41 and 48D to the extent attributable to a high technology research small business pass-thru entity (as defined in section 469(c)(4)),''. (d) Exception to Limitation on Pass-Thru of Research Credit.-- Subsection (g) of section 41 of such Code is amended by adding at the end the following: ``Paragraphs (2) and (4) shall not apply with respect to any high technology research small business pass-thru entity (as defined in section 469(c)(4)).'' (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code to exempt from passive loss rules any activity of a taxpayer carried on by a high technology research small business pass-thru entity. Defines "high technology research small business pass-thru entity" as any domestic pass-thru entity that: (1) spends a specified percentage of its income on research, (2) is a small business with 250 or fewer employees, and (3) does not have aggregate gross receipts in excess of $150 million.

A bill to amend the Internal Revenue Code of 1986 to provide an exception from the passive loss rules for investments in high technology research small business pass-thru entities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Immigration Litigation Act of 2006''. SEC. 2. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION. (a) Limitation on Civil Actions.--No court may certify an action as a class action under Rule 23 of the Federal Rules of Civil Procedure in any civil action filed after the date of the enactment of this Act pertaining to the administration or enforcement of the immigration laws of the United States. (b) Requirements for Relief.-- (1) Prospective relief.-- (A) In general.--In the case that a court determines that prospective relief should be ordered against the Government in a civil action with respect to the administration or enforcement of the immigration laws of the United States, the court may order such relief only if the following requirements are met: (i) The court limits the relief to the minimum necessary to correct the violation. (ii) The relief is the least intrusive means necessary to correct the violation. (iii) The court minimizes, to the greatest practical extent, any adverse impact on national security, border security, immigration administration and enforcement, and public safety caused by the relief. (iv) The court provides for the expiration of the relief on a specific date which allows for the minimum practical time needed to remedy the violation. (B) Written explanation required with court order.--Each court order granting prospective relief shall include in writing an explanation of how the relief meets each requirement under subparagraph (A). Such explanation must be sufficiently detailed to allow review by another court. (2) Duration of preliminary injunctive relief.--In the case of prospective relief that is preliminary injunctive relief, such preliminary injunctive relief shall automatically expire on the date that is 90 days after its entry, unless the court determines that the relief meets all legal requirements, including those under paragraph (1)(A), for the entry of prospective relief and makes the order for the prospective relief involved final before expiration of the 90-day period. (c) Procedure for Motions Affecting Prospective Relief Against the Government.-- (1) In general.--A court shall promptly rule on any motion by the Government to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief in a civil action with respect to the administration or enforcement of the immigration laws of the United States. (2) Automatic stays.-- (A) In general.--A motion described in paragraph (1), with respect to an order granting prospective relief in a civil action described in such paragraph shall automatically, and without further order of the court, stay the order granting prospective relief during the period beginning on the date that is 15 days after the date on which such motion is filed and ending on the date on which the court enters a final order granting or denying the motion. (B) Rule of construction.--A motion described in paragraph (1) shall not operate as a stay under subparagraph (A) if the court involved enters a final order ruling on the motion before the first day of the period described in subparagraph (A). (C) Treatment of motions pending for not more than 45 days on date of enactment.--For purposes of this subsection, a motion described in paragraph (1) that was filed during the 45-day period before the date of the enactment of this Act and for which the court has not, as of such date of enactment, entered a final order ruling on the motion shall be treated as if the motion had been filed on such date of enactment. (D) Treatment of motions pending for more than 45 days on date of enactment.--For purposes of this subsection, a motion described in paragraph (1) that was filed more than 45 days before the date of the enactment of this Act and for which, as of the date that is 10 days after such date of enactment, the court involved has not entered a final order granting or denying the motion, shall operate as an automatic stay of the prospective relief, without further order of the court. An automatic stay under this subparagraph shall be effective beginning on such date that is 10 days after the date of enactment and ending on the date on which the court involved enters a final order granting or denying the motion. The effective date of an automatic stay under this subparagraph may not be postponed under paragraph (3). (3) Postponement of automatic stays.--The court may, for good cause, enter an order to postpone the effective date of an automatic stay under paragraph (2). No effective date of an automatic stay under paragraph (2) may be postponed for more than 15 days. (4) Automatic stays during remands from higher courts.-- Whenever a higher court orders that a decision on a motion subject to this section shall be remanded to a lower court, the order granting prospective relief that is the subject of the motion shall be automatically stayed until the district court enters an order granting or denying the motion. The effective date of an automatic stay under this subparagraph may not be postponed under paragraph (3). (5) Orders blocking automatic stays.--Any order staying, suspending, delaying, or otherwise barring the effective date of an automatic stay under this subsection, other than an order to postpone the effective date under paragraph (3), shall be treated as an order refusing to vacate, modify, dissolve, or otherwise terminate an injunction and immediately shall be appealable pursuant to section 1292(a)(1) of title 28, United States Code. (6) Requirements for order denying motion.--Subsection (b) shall apply to an order entered by a court to deny a motion described in paragraph (1) in the same manner that such subsection applies to a grant of prospective relief under such subsection. (d) Rules for Prospective Relief Affecting Expedited Removal.-- (1) In general.--Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of Title 28, United States Code, or any other habeas provision, and sections 1361 and 1651 of such title, no court has jurisdiction to grant or continue an order or part of an order granting prospective relief if the order or part of the order interferes with, affects, or impacts any determination pursuant to, or the implementation of, section 235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)). (2) Determination of continuing jurisdiction.--Upon the Government's filing of a motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief in a civil action described in subsection (b)(1)(A), the court involved shall promptly determine whether it continues to have jurisdiction and shall promptly vacate any order or part of an order granting prospective relief that is not within the jurisdiction of the court. (3) Safe harbor for continuing prospective relief to remedy violation of constitutional rights.--Paragraphs (1) and (2) shall not apply to an order granting prospective relief in a civil action described in subsection (b)(1)(A) to the extent that the order was entered before the date of the enactment of this Act and the prospective relief is necessary to remedy the violation of a right guaranteed by the Constitution of the United States. (e) Settlements.-- (1) Consent decrees.--In any civil action with respect to the administration or enforcement of the immigration laws of the United States, the court involved shall not enter, approve, or continue a consent decree unless the decree complies with the requirements under clauses (i) through (iv) of subparagraph (A) of subsection (b)(1) and includes the written explanation required under subparagraph (B) of such subsection. (2) Private settlement agreements.--Nothing in this subsection shall preclude parties from entering into a private settlement agreement that does not comply with the requirements under clauses (i) through (iv) of subparagraph (A) of subsection (b)(1) or that does not include the written explanation required under subparagraph (B) of such subsection. (f) Expedited Proceedings.--Each court shall take measures to advance on the docket and to expedite the disposition of any civil action described in subsection (b)(1)(A) or motion described in subsection (c) or (d). (g) Definitions.--For purposes of this section: (1) Consent decree.--The term ``consent decree'' means any relief entered by a court that is based in whole or in part on the consent or acquiescence of the parties involved but does not include private settlements. (2) Good cause.--The term ``good cause'' does not include any cause related to discovery or congestion of the court's calendar. (3) Government.--The term ``Government'' means the United States, any Federal department or agency, or any Federal agent or official acting within the scope of official duties. (4) Permanent relief.--The term ``permanent relief'' means relief issued in connection with a final decision of a court. (5) Private settlement agreement.--The term ``private settlement agreement'' means an agreement entered into among the parties involved that is not subject to judicial enforcement other than the reinstatement of the civil proceedings that the agreement settled. (6) Prospective relief.--The term ``prospective relief'' means temporary, preliminary, or permanent relief other than compensatory monetary damages. SEC. 3. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is found to be unconstitutional, the remainder of this Act and the application of the provisions of such remainder of this Act to any person or circumstance shall not be affected by such finding. SEC. 4. EFFECTIVE DATE. Except as otherwise provided under section 2(a), the provisions of this Act shall apply to all orders granting prospective relief entered by a court before, on, or after the date of the enactment of this Act.

Fairness in Immigration Litigation Act of 2006 - Prohibits any court from certifying an action as a class action under Rule 23 of the Federal Rules of Civil Procedure in any civil immigration action. Sets forth the requirements under which a court may order prospective relief in such an action. Provides that preliminary injunctive relief shall expire 90 days after entry unless otherwise determined by the court. Requires a court to promptly rule on any government motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief in a civil immigration action. Provides for an automatic 15-day stay of the prospective relief order. Authorizes a court to enter an order to postpone for up to 15 days the effective date of an automatic stay. Provides that: (1) whenever a higher court remands a decision on a motion to a lower court the order granting prospective relief that is the subject of the motion shall be automatically stayed until the district court grants or denies such motion; and (2) any order staying, suspending, delaying, or otherwise barring the effective date of an automatic stay, other than an order to postpone the effective date, shall be treated as an order refusing to vacate, modify, dissolve, or otherwise terminate an injunction and shall be appealable. States that: (1) no court has jurisdiction to grant or continue an order affecting an expedited removal action against an alien; (2) upon the government's filing of a motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief in a civil immigration action, the court involved shall determine whether it continues to have jurisdiction and shall vacate any order or part of a relief order that is not within its jurisdiction; and (3) sections (1) and (2) of this paragraph shall not apply to a relief order that was entered before the date of the enactment of this Act to remedy a violation of constitutional rights. Sets forth consent decree and private settlement agreement provisions.

To reform immigration litigation procedures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminate the Magnet for Illegal Immigration Act of 1997''. SEC. 2. INCREASE IN INS INVESTIGATORS TO ENFORCE EMPLOYER SANCTIONS. (a) In General.--In addition to such amounts as are otherwise authorized to be appropriated, there are authorized to be appropriated for each of the fiscal years 1998 and 1999 for hiring, training, salaries and expenses of personnel of the Immigration and Naturalization Service such amounts as may be necessary-- (1) to provide for an increase each year in the number of investigators of such Service by 365 full-time equivalent investigator positions above the number of such positions authorized as of October 1, 1996; and (2) to provide such personnel and resources as are necessary to assist the additional investigators in the enforcement of employer sanctions (as defined in section 12(1)). (b) Duties.--The additional investigators provided for in subsection (a) shall be assigned to investigate violations of employer sanctions with priority given to areas where there are high concentrations of unauthorized aliens (as defined in section 12(4)) who are employed. SEC. 3. INCREASE IN DEPARTMENT OF LABOR INVESTIGATORS TO ENFORCE LABOR STANDARDS. (a) In General.--In addition to such amounts as are otherwise authorized to be appropriated, there are authorized to be appropriated for each of the fiscal years 1998 and 1999 for hiring, training, salaries, and expenses of personnel of the Employment Standards Administration of the Department of Labor such amounts as may be necessary-- (1) to provide for an increase each year in the number of investigators of such Administration by 300 full-time equivalent investigator positions above the number of such positions authorized as of October 1, 1996; and (2) to provide such support personnel and resources as are necessary to assist the additional investigators in the enforcement of labor standards (as defined in section 12(3)). (b) Duties.--The additional investigators provided for in subsection (a) shall be assigned to investigate violations of labor standards with priority given to areas where there are high concentrations of unauthorized aliens who are employed. SEC. 4. INCREASE IN INVESTIGATORS IN OFFICE OF SPECIAL COUNSEL FOR IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES TO ENFORCE ANTIDISCRIMINATION PROVISIONS. (a) In General.--In addition to such amounts as are otherwise authorized to be appropriated, there are authorized to be appropriated for each of the fiscal years 1998 and 1999 for hiring, training, salaries, and expenses of personnel of the Office of Special Counsel for Immigration-Related Unfair Employment Practices in the Department of Justice such amounts as may be necessary-- (1) to provide for an increase in the number of investigators of such Office by 50 full-time equivalent investigator positions above the number of such positions authorized as of October 1, 1996; and (2) to provide such support personnel and resources as are necessary to assist the additional investigators in the enforcement of immigration-related antidiscrimination provisions (as defined in section 12(2)). (b) Duties.--The additional investigators provided for in subsection (a) shall be assigned to investigate and prosecute violations of immigration-related antidiscrimination provisions. SEC. 5. SECRETARY OF LABOR AUTHORITY. (a) In General.--Title II of the Immigration and Nationality Act is amended by adding at the end the following new section: ``secretary of labor authority ``Sec. 296. (a) Subpoena Authority.--The Secretary of Labor may issue subpoenas requiring the attendance and testimony of witnesses or the production of any records, books, papers, or documents in connection with any investigation or hearing conducted in the enforcement of any immigration program for which the Secretary of Labor has been delegated enforcement authority under this title. ``(b) Authority in Hearings.--In such a hearing, the Secretary of Labor may administer oaths, examine witnesses, and receive evidence. ``(c) Enforcement for Subpoenas.--In case of contumacy or refusal to obey a subpoena lawfully issued under this section and upon application of the Secretary of Labor, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt thereof.''. (b) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 295 the following: ``Sec. 296. Secretary of Labor authority.''. SEC. 6. JOINT TARGETED EFFORTS BY THE INS AND THE DEPARTMENT OF LABOR TO INVESTIGATE EMPLOYER SANCTIONS AND LABOR STANDARDS. (a) In General.--The Secretary of Labor and the Attorney General shall establish, not later than 6 months after the date of the enactment of this Act, programs for the Immigration and Naturalization Service and Department of Labor to jointly investigate violations of employer sanctions and labor standards and target areas where there are high concentrations of unauthorized aliens who are employed. (b) Performance Review.--Not later than 1 year after the date the Secretary of Labor and the Attorney General have established the programs referred to in subsection (a), they shall assess the programs and identify the best strategies for targeting industries likely to violate both employer sanctions and labor standards. SEC. 7. EMPLOYER EDUCATION. The Attorney General, in consultation with the Secretary of Labor, the Small Business Administrator, and the Commissioner of Internal Revenue, shall conduct a nationwide program to inform employers about-- (1) their responsibilities concerning employer sanctions, labor standards, and immigration-related antidiscrimination provisions and (2) the provision of this Act. SEC. 8. INCREASING CIVIL MONEY PENALTIES FOR HIRING, RECRUITING, AND REFERRAL VIOLATIONS. (a) In General.--Subparagraph (A) of section 274A(e)(4) of the Immigration and Nationality Act (8 U.S.C. 1324a(e)(4)) is amended-- (1) in clause (i), by striking ``$250 and not more than $2,000'' and inserting ``$1,000 and not more than $3,000''; (2) in clause (ii), by striking ``$2,000 and not more than $5,000'' and inserting ``$3,000 and not more than $8,000''; and (3) in clause (iii), by striking ``3,000 and not more than $10,000'' and inserting ``$10,000 and not more than $25,000''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to violations that occur on or after the end of the 6-month period beginning on the date of the enactment of this Act. SEC. 9. INCREASING PENALTIES FOR REPEATED OR WILLFUL VIOLATIONS OF LABOR STANDARDS. (a) In General.--Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the following new paragraph: ``(4) Increased penalties.--In the case of a person or entity that has been found through a final administrative determination or determination by a court (which finding has not been reversed) to have willfully or repeatedly violated one or more labor standards with respect to an unauthorized alien who is employed, each dollar amount specified in subsections (e)(4), (e)(5), and (g)(2) shall be twice the dollar amount otherwise specified for violation occurring during the 10-year period beginning on the date of such determination.''. (b) Conforming Amendments.--Section 274A of such Act (8 U.S.C. 1324a) is amended-- (1) in paragraphs (4)(A) and (5) of subsection (e), by inserting ``(subject to subsection (h)(4))'' after ``in an amount''; and (2) in subsection (g)(2), by striking ``of $1,000'' and inserting ``in an amount (subject to subsection (h)(4)) equal to $1,000''. (c) Effective Date.--The amendments made by this section shall apply with respect to violations of employer sanctions that occur on or after the end of the 6-month period beginning on the date of the enactment of this Act, but shall not apply to violations of labor standards occurring before the date of the enactment of this Act. SEC. 10. INCREASING CIVIL MONEY PENALTIES FOR UNFAIR IMMIGRATION- RELATED EMPLOYMENT PRACTICES. (a) In General.--Clause (iv) of section 274B(g)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1324b(g)(2)(B)) is amended-- (1) in subclause (I), by striking ``$250 and not more than $2,000'' and inserting ``$1,000 and not more than $3,000''; (2) in subclause (II), by striking ``$2,000 and not more than $5,000'' and inserting ``$3,000 and not more than $8,000''; (3) in subclause (III), by striking ``3,000 and not more than $10,000'' and inserting ``$10,000 and not more than $25,000''; and (4) in subclause (IV), by striking ``100 and not more than $1,000'' and inserting ``$200 and not more than $5,000''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to violations that occur on or after the end of the 6-month period beginning on the date of the enactment of this Act. SEC. 11. IMMIGRATION-RELATED DISCRIMINATION. (a) Study.--The Attorney General shall provide for a study on the effect laws, enacted during and after 1996 and providing for increased enforcement of employer sanctions, have had on discrimination in the workplace based on national origin or citizenship. (b) Report.--Not later than 2 years after the date of the enactment of this Act, the Attorney General shall submit to Congress a report on the study under subsection (a). Such report shall include recommendations regarding how such discrimination may be prevented. SEC. 12. DEFINITIONS. For purposes of this Act: (1) Employer sanctions.--The term ``employer sanctions'' means the requirements of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). (2) Immigration-related antidiscrimination provisions.--The term ``immigration-related antidiscrimination provisions'' means the provisions of section 274B of the Immigration and Nationality Act (8 U.S.C. 1324b). (3) Labor standards.--The term ``labor standards'' includes requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.), and the Family and Medical Leave Act of 1993 (29 U.S.C 2601 et. seq.). (4) Unauthorized alien.--The term ``unauthorized alien'' has the meaning given such term in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).

Eliminate the Magnet for Illegal Immigration Act of 1997 - Authorizes additional appropriations for increases in: (1) Immigration and Naturalization Service (INS) investigators to enforce employer sanctions; (2) Department of Labor investigators to enforce labor standards; and (3) Office of Special Counsel for Immigration-Related Unfair Employment Practices (Department of Justice) investigators to enforce antidiscrimination provisions. Amends the Immigration and Nationality Act to grant specified subpoena authority to the Secretary of Labor. Increases specified penalties for: (1) hiring, recruiting, and referral violations; (2) labor standards violations; and (3) unfair immigration-related employment practices. Provides for joint INS-Department of Labor efforts to investigate violations of employer sanctions and labor standards and target high concentration areas of illegally employed aliens. Directs the Attorney General to conduct: (1) a national employer education program; and (2) a study of immigration-related discrimination.

Eliminate the Magnet for Illegal Immigration Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as ``Drive to Stay Alive Act of 2011''. SEC. 2. WITHHOLDING FEDERAL-AID HIGHWAY FUNDS FOR STATES FAILING TO ENACT AND IMPLEMENT LAWS ESTABLISHING PENALTIES FOR USING A CELL PHONE WHILE DRIVING WITH A MINOR IN THE VEHICLE. (a) In General.--Chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``SEC. 413. PENALTIES FOR USING A CELL PHONE WHILE DRIVING WITH A MINOR IN THE VEHICLE. ``(a) Withholding Funds for Noncompliance.--The Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) on October 1, 2012, and on October 1 of each year thereafter, if the State has not enacted and implemented a law that meets the requirements of subsection (b) by that date. ``(b) Requirements.-- ``(1) Prohibition on cell phone use while driving.--A State law meets the requirements of subsection (b) if the law-- ``(A) prohibits a driver from using a personal wireless communications device to conduct a telephone call or text while driving if there is a minor in the vehicle; ``(B) makes violation of the law a primary offense; ``(C) establishes-- ``(i) minimum fines for a first violation of the law; and ``(ii) increased fines for repeat violations; and ``(D) provides for increased civil and criminal penalties than would otherwise apply if a vehicle accident is caused by a driver who is using a personal wireless communications device in violation of the law. ``(2) Permitted exceptions.--A law that meets the requirements of paragraphs (1) may provide exceptions for-- ``(A) use of a hands-free device that enables a driver, other than a driver who is a minor, to initiate, conduct, or receive a telephone call without holding the hands-free device or the personal wireless communications device; ``(B) use of a personal wireless communications device by a driver to contact emergency services; ``(C) use of a personal wireless communications device by emergency services personnel while operating an emergency services vehicle and engaged in the performance of their duties as emergency services personnel; and ``(D) use of a device by an individual employed as a commercial motor vehicle driver, or a school bus driver, within the scope of such individual's employment if such use is permitted under the regulations promulgated pursuant to section 31152 of title 49. ``(c) Period of Availability; Effect of Compliance and Noncompliance.-- ``(1) Period of availability.--Any funds withheld under subsection (a) shall remain available until the end of the fiscal year for which the funds are authorized to be appropriated. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the fiscal year for which funds are withheld under subsection (a), the State enacts a law that meets the requirements of subsection (b), the Secretary shall, on the first day on which the State meets the requirements, apportion to the State the funds withheld under subsection (a) for such State. ``(3) Effect of noncompliance.--If, at the end of the period for which funds withheld under subsection (a) are available for apportionment to a State under paragraph (1), the State does not enact and implement a law that meets the requirements of subsection (b), the funds shall lapse. ``(d) Definitions.--In this section: ``(1) Driving.--The term `driving' means operating a motor vehicle on a public road, including operation while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain stationary. ``(2) Hands-free device.--The term `hands-free device' means a device that allows a driver to use a personal wireless communications device to initiate, conduct, or receive a telephone call without holding the personal wireless communications device. ``(3) Minor.--The term `minor' means an individual who has not attained the age of 18. ``(4) Personal wireless communications device.--The term `personal wireless communications device' means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted. It does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes. ``(5) Primary offense.--The term `primary offense' means an offense for which a law enforcement officer may stop a vehicle solely for the purpose of issuing a citation in the absence of evidence of another offense. ``(6) Text.--The term `text' means reading from or manually entering data into a personal wireless communications device, including doing so for the purpose of SMS texting, e-mailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic data communication.''. (b) Conforming Amendment.--The analysis for chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``413. Minimum penalties for using a cell phone while driving with a minor in the vehicle.''.

Drive to Stay Alive Act of 2011 - Requires the Secretary of Transportation (DOT) to withhold 5% of a state's apportionment of certain federal-aid highway funds for FY2012, and each succeeding fiscal year, if the state has not enacted and implemented a law that: (1) prohibits a driver from using a personal wireless communications device (cell phone, but excluding a global navigation satellite system receiver used for positioning, emergency notification, or navigation [GPS]) to call or text while driving when there is a minor in the vehicle, (2) makes violation of the law a primary offense, and (3) establishes certain minimum fines and increased civil and criminal penalties. Permits laws meeting the requirements of this Act to provide exceptions for driver: (1) use of a hands-free device (other than a driver who is a minor), (2) use of a cell phone in emergency situations, and (3) use of a cell phone by a commercial motor vehicle driver or school bus driver.

To amend title 23, United States Code, to require the Secretary of Transportation to withhold a portion of Federal-aid Highway funds apportioned to a State unless the State enacts and implements a law establishing penalties for using a cell phone to make telephone calls or text while driving with a minor in the vehicle.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Property Rights Implementation Act of 2000''. SEC. 2. JURISDICTION IN CIVIL RIGHTS CASES. Section 1343 of title 28, United States Code, is amended by adding at the end the following: ``(c) Whenever a district court exercises jurisdiction under subsection (a) in an action in which the operative facts concern the uses of real property, it shall not abstain from exercising or relinquish its jurisdiction to a State court in an action in which no claim of a violation of a State law, right, or privilege is alleged, if a parallel proceeding in State court arising out of the same operative facts as the district court proceeding is not pending. ``(d) If the district court has jurisdiction over an action under subsection (a) in which the operative facts concern the uses of real property and which cannot be decided without resolution of an unsettled question of State law, the district court may certify the question of State law to the highest appellate court of that State. After the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits. The district court shall not certify a question of State law under this subsection unless the question of State law-- ``(1) will significantly affect the merits of the injured party's Federal claim; and ``(2) is patently unclear. ``(e)(1) Any claim or action brought under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress. ``(2)(A) For purposes of this subsection, a final decision exists if-- ``(i) any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, makes a definitive decision, as described in clauses (ii) and (iii), regarding the extent of permissible uses on the property that has been allegedly infringed or taken; ``(ii)(I) one meaningful application, as defined by applicable law, to use the property has been submitted but has been disapproved without a written explanation as described in subclause (II), and the party seeking redress has applied for one appeal and one waiver which has been disapproved, in a case in which the applicable statute, ordinance, custom, or usage provides a mechanism for appeal to or waiver by an administrative agency; or ``(II) one meaningful application, as defined by applicable law, to use the property has been submitted but has been disapproved, and the disapproval explains in writing the use, density, or intensity of development of the property that would be approved, with any conditions therefor, and the party seeking redress has resubmitted another meaningful application taking into account the terms of the disapproval, except that-- ``(aa) if no such reapplication is submitted, then a final decision shall not have been reached for purposes of this subsection, except as provided in subparagraph (B); and ``(bb) if the reapplication is disapproved, or if the reapplication is not required under subparagraph (B), then a final decision exists for purposes of this subsection if the party seeking redress has applied for one appeal and one waiver with respect to the disapproval, which has been disapproved, in a case in which the applicable statute, ordinance, custom, or usage provides a mechanism of appeal to or waiver by an administrative agency; and ``(iii) if the applicable statute or ordinance provides for review of the case by elected officials, the party seeking redress has applied for but is denied such review, or is allowed such review and the meaningful application is disapproved. ``(B) The party seeking redress shall not be required to apply for an appeal or waiver described in subparagraph (A) if no such appeal or waiver is available, if it cannot provide the relief requested, or if the application or reapplication would be futile. ``(3) For purposes of clauses (ii) and (iii) of paragraph (2), the failure to act within a reasonable time on any application, reapplication, appeal, waiver, or review of the case shall constitute a disapproval. ``(4) For purposes of this subsection, a case is ripe for adjudication even if the party seeking redress does not exhaust judicial remedies provided by any State or territory of the United States. ``(f) Nothing in subsection (c), (d), or (e) alters the substantive law of takings of property, including the burden of proof borne by the plaintiff.''. SEC. 3. UNITED STATES AS DEFENDANT. Section 1346 of title 28, United States Code, is amended by adding at the end the following: ``(h)(1) Any claim brought under subsection (a) that is founded upon a property right or privilege secured by the Constitution, but was allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States, that causes actual and concrete injury to the party seeking redress. ``(2) For purposes of this subsection, a final decision exists if-- ``(A) the United States makes a definitive decision, as defined in subparagraph (B), regarding the extent of permissible uses on the property that has been allegedly infringed or taken; and ``(B) one meaningful application, as defined by applicable law, to use the property has been submitted but has been disapproved, and the party seeking redress has applied for one appeal or waiver which has been disapproved, in a case in which the applicable law of the United States provides a mechanism for appeal to or waiver by an administrative agency. The party seeking redress shall not be required to apply for an appeal or waiver described in subparagraph (B) if no such appeal or waiver is available, if it cannot provide the relief requested, or if application or reapplication to use the property would be futile. ``(3) For purposes of paragraph (2), the United States' failure to act within a reasonable time on any application, appeal, or waiver shall constitute a disapproval. ``(4) Nothing in this subsection alters the substantive law of takings of property, including the burden of proof borne by the plaintiff.''. SEC. 4. JURISDICTION OF COURT OF FEDERAL CLAIMS. Section 1491(a) of title 28, United States Code, is amended by adding at the end the following: ``(3) Any claim brought under this subsection founded upon a property right or privilege secured by the Constitution, but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States, that causes actual and concrete injury to the party seeking redress. For purposes of this paragraph, a final decision exists if-- ``(A) the United States makes a definitive decision, as described in subparagraph (B), regarding the extent of permissible uses on the property that has been allegedly infringed or taken; and ``(B) one meaningful application, as defined by applicable law, to use the property has been submitted but has been disapproved, and the party seeking redress has applied for one appeal or waiver which has been disapproved, in a case in which the applicable law of the United States provides a mechanism for appeal or waiver. The party seeking redress shall not be required to apply for an appeal or waiver described in subparagraph (B) if no such appeal or waiver is available, if it cannot provide the relief requested, or if application or reapplication to use the property would be futile. For purposes of subparagraph (B), the United States' failure to act within a reasonable time on any application, appeal, or waiver shall constitute a disapproval. Nothing in this paragraph alters the substantive law of takings of property, including the burden of proof borne by the plaintiff.''. SEC. 5. DUTY OF NOTICE TO OWNERS. Whenever a Federal agency takes an agency action limiting the use of private property that may be affected by the amendments made by this Act, the agency shall, not later than 30 days after the agency takes that action, give notice to the owners of that property explaining their rights under such amendments and the procedures for obtaining any compensation that may be due to them under such amendments. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply to actions commenced on or after the date of the enactment of this Act. Passed the House of Representatives March 16, 2000. Attest: JEFF TRANDAHL, Clerk. By Martha C. Morrison, Deputy Clerk.

Specifies that: (1) if the district court has jurisdiction over such an action in which the operative facts concern the uses of real property and which cannot be decided without resolution of an unsettled question of State law, it may certify the State law question to the highest appellate court of that State; and (2) after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits. Prohibits the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and such question is patently unclear.Declares that any claim or action brought under provisions regarding civil actions for deprivation of rights to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage of any State or territory of the United States that causes actual and concrete injury to the party seeking redress.Sets forth provisions regarding what constitutes a "final decision." Specifies that: (1) the party seeking redress shall not be required to apply for an appeal or waiver if no such appeal or waiver is available, if it cannot provide the relief requested, or if the application or re-application would be futile; (2) the failure to act within a reasonable time on any application, re-application, appeal, waiver, or review of the case shall constitute a disapproval; and (3) a case is ripe for adjudication even if the party seeking redress does not exhaust judicial remedies provided by any State or territory of the United States.(Sec. 3) Declares that any claim brought under provisions regarding the United States as a defendant, or under provisions regarding jurisdiction of the Court of Federal Claims, that is founded upon a property right or privilege secured by the Constitution but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress.(Sec. 5) Requires a Federal agency, whenever it takes action limiting the use of private property that may be affected by the amendments made by this Act, not later than 30 days after the agency takes that action, to give notice to the owners of that property explaining their rights and the procedures for obtaining any compensation that may be due to them under such amendments.

Private Property Rights Implementation Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Electoral Exchange Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) recent elections globally have illustrated the urgent need for the promotion and exchange of international best election practices, particularly in the areas of cybersecurity, results transmission, transparency of electoral data, election dispute resolution, and the elimination of discriminatory registration practices and other electoral irregularities; (2) the advancement of democracy worldwide promotes American interests, as stable democracies provide new market opportunities, improve global health outcomes, and promote economic freedom and regional security; (3) credible elections are the cornerstone of a healthy democracy and enable all persons to exercise their basic human right to have a say in how they are governed; (4) inclusive elections strengthen the credibility and stability of democracies more broadly, as democratic institutions flourish when representative of all groups of society; (5) at the heart of a strong election cycle is the professionalism of the election management body and an empowered civil society; and (6) the development of local expertise via peer-to-peer learning and exchanges promotes the independence of such bodies from internal and external influence. SEC. 3. GLOBAL ELECTORAL EXCHANGE. (a) Global Electoral Exchange.--The Secretary of State is authorized to establish and administer a Global Electoral Exchange Program to promote the utilization of sound election administration practices around the world. (b) Purpose.--The purpose of the Global Electoral Exchange Program described in subsection (a) shall include the promotion and exchange of international best election practices, including in the areas of-- (1) cybersecurity; (2) results transmission; (3) transparency of electoral data; (4) election dispute resolution; (5) the elimination of discriminatory registration practices and electoral irregularities; (6) equitable access to polling places, voter education information, and voting mechanisms (including by persons with disabilities); and (7) other sound election administration practices. (c) Exchange of Electoral Authorities.-- (1) In general.--The Secretary of State may, in consultation, as appropriate, with the United States Agency for International Development, make grants to any United States- based organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code with experience in comparative election systems or subject matter expertise in the areas of election administration or electoral integrity that submits an application in such form, and satisfying such requirements, as the Secretary may require. (2) Types of grants.--An organization described in paragraph (1) may receive a grant for one or more of the following purposes: (A) To design and implement programs bringing election administrators and officials, including government officials, poll workers, civil society representatives, members of the judiciary, and others who participate in the organization and administration of public elections in a foreign country to the United States to study election procedures in the United States for educational purposes. (B) To design and implement programs taking United States or another country's election administrators and officials, including government officials, poll workers, civil society representatives, members of the judiciary, and others who participate in the organization and administration of public elections to study election procedures for educational purposes. (3) Limits on activities.--Activities administered under the Global Electoral Exchange Program may not-- (A) include observation of an election for the purposes of assessing the validity or legitimacy of that election; or (B) facilitate any advocacy for a certain electoral result by a grantee when participating in the Program. (4) Sense of congress.--It is the sense of Congress that the Secretary of State should establish and maintain a network of Global Electoral Exchange Program alumni, to promote communication and further exchange of information regarding sound election administration practices among current and former program participants. (5) Further limits.--A recipient of a grant under the Global Electoral Exchange Program may use such grant for only the purpose for which such grant was awarded, unless otherwise authorized by the Secretary of State. (6) Not duplicative.--Grants made under this subsection may not be duplicative of any other grants made under any other provision of law for similar or related purposes. SEC. 4. CONGRESSIONAL OVERSIGHT. Not later than 1 year after the date of the enactment of this Act and in each of the following 2 years thereafter, the Secretary of State shall provide to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a briefing on the status of any activities carried out pursuant to this Act during the preceding year, which shall include, among other information, the following: (1) A summary of all exchanges conducted under the Global Electoral Exchange Program, including information regarding grantees, participants, and the locations where program activities were held. (2) A description of the criteria used to select grantees under the Global Electoral Exchange Program. (3) Any recommendations for the improvement of the Global Electoral Exchange Program, based on the purpose specified in section 3(b). SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to be appropriated to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized to be appropriated. Passed the House of Representatives September 5, 2018. Attest: KAREN L. HAAS, Clerk.

Global Electoral Exchange Act (Sec. 3) This bill authorizes the Department of State to establish and administer a Global Electoral Exchange Program to promote the utilization of sound election administration practices around the world.

Global Electoral Exchange Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Developmental Disability Endowment Act''. SEC. 2. STATE DEVELOPMENTAL DISABILITIES ENDOWMENT PROGRAMS (a) In General.--Subchapter F of chapter 1 of the Internal Revenue Code of 1986 (relating to exempt organizations) is amended by adding at the end the following new part: ``PART IX--STATE DEVELOPMENTAL DISABILITIES ENDOWMENT PROGRAMS ``Sec. 531. State developmental disabilities endowment programs. ``SEC. 531. STATE DEVELOPMENTAL DISABILITIES ENDOWMENT PROGRAMS. ``(a) General rule.--A qualified State developmental disabilities endowment program shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, such program shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). ``(b) Qualified State Developmental Disabilities Endowment Program.--For purposes of this section-- ``(1) In general.--The term `qualified State developmental disabilities endowment program' means a program established and maintained by a State or agency or instrumentality thereof-- ``(A) under which a person may make contributions to an account which is established for the purpose of providing qualified services to the designated beneficiary of the account, and ``(B) which meets the other requirements of this subsection. ``(2) Cash contributions.--A program shall not be treated as a qualified State developmental disabilities endowment program unless it provides that contributions may only be made in cash. ``(3) Refunds.--A program shall not be treated as a qualified State developmental disabilities endowment program unless it imposes a more than de minimis penalty on any refund of earnings from the account which are not-- ``(A) used for qualified services with respect to the designated beneficiary, or ``(B) made on account of the death or disability of the designated beneficiary. ``(4) Separate accounting.--A program shall not be treated as a qualified State developmental disabilities endowment program unless it provides separate accounting for each designated beneficiary. ``(5) No investment direction.--A program shall not be treated as a qualified State developmental disabilities endowment program unless it provides that any contributor to, or designated beneficiary under, such program may not directly or indirectly direct the investment of any contributions to the program (or any earnings thereon). ``(6) No pledging of interest as security.--A program shall not be treated as a qualified State developmental disabilities endowment program if it allows any interest in the program or any portion thereof to be used as security for a loan. ``(7) Prohibition on excess contributions.--A program shall not be treated as a qualified State developmental disabilities endowment program unless it provides adequate safeguards to prevent contributions on behalf of a designated beneficiary in excess of those necessary to provide for the qualified services with respect to the beneficiary. ``(c) Tax Treatment of Designated Beneficiaries and Contributors.-- ``(1) In general.--Except as otherwise provided in this subsection, no amount shall be includible in gross income of-- ``(A) a designated beneficiary under a qualified State developmental disabilities endowment program, or ``(B) a contributor to such program on behalf of a designated beneficiary, with respect to any distribution or earnings under such program. ``(2) Gift tax treatment of contributions.--For purposes of chapters 12 and 13-- ``(A) In general.--Any contribution to a qualified developmental disabilities endowment program on behalf of any designated beneficiary-- ``(i) shall be treated as a completed gift to such beneficiary which is not a future interest in property, and ``(ii) shall not be treated as a qualified transfer under section 2503(e). ``(B) Treatment of excess contributions.--If the aggregate amount of contributions described in subparagraph (A) during the calendar year by a donor exceeds the limitation for such year under section 2503(b), such aggregate amount shall, at the election of the donor, be taken into account for purposes of such section ratably over the 5-year period beginning with such calendar year. ``(3) Distributions.-- ``(A) In general.--Any distribution under a qualified State developmental disabilities endowment program shall be includible in the gross income of the distributee in the manner as provided under section 72 to the extent not excluded from gross income under any other provision of this chapter. ``(B) In-kind distributions.--Any benefit furnished to a designated beneficiary under a qualified State developmental disabilities endowment program shall be treated as a distribution to the beneficiary. ``(C) Change in beneficiaries.-- ``(i) Rollovers.--Subparagraph (A) shall not apply to that portion of any distribution which, within 60 days of such distribution, is transferred to the credit of another designated beneficiary under a qualified State developmental disabilities endowment program. ``(ii) Change in designated beneficiaries.--Any change in the designated beneficiary of an interest in a qualified State developmental disabilities endowment program shall not be treated as a distribution for purposes of subparagraph (A). ``(D) Operating rules.--For purposes of applying section 72-- ``(i) to the extent provided by the Secretary, all qualified State developmental disabilities endowment programs of which an individual is a designated beneficiary shall be treated as one program, ``(ii) all distributions during a taxable year shall be treated as one distribution, and ``(iii) the value of the contract, income on the contract, and investment in the contract shall be computed as of the close of the calendar year in which the taxable year begins. ``(4) Estate tax treatment.-- ``(A) In general.--No amount shall be includible in the gross estate of any individual for purposes of chapter 11 by reason of an interest in a qualified developmental disabilities endowment program. ``(B) Amounts includible in estate of designated beneficiary in certain cases.--Subparagraph (A) shall not apply to amounts distributed on account of the death of a beneficiary. ``(C) Amounts includible in estate of donor making excess contributions.--In the case of a donor who makes the election described in paragraph (2)(B) and who dies before the close of the 5-year period referred to in such paragraph, notwithstanding subparagraph (A), the gross estate of the donor shall include the portion of such contributions properly allocable to periods after the date of death of the donor. ``(5) Other gift tax rules.--For purposes of chapters 12 and 13, in no event shall a distribution from a qualified developmental disabilities endowment program be treated as a taxable gift. ``(d) Reports.--Each officer or employee having control of the qualified developmental disabilities endowment program or their designee shall make such reports regarding such program to the Secretary and to designated beneficiaries with respect to contributions, distributions, and such other matters as the Secretary may require. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary. ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Designated beneficiary.--The term `designated beneficiary' means-- ``(A) the individual designated at the commencement of participation in the qualified State developmental disabilities endowment program as the beneficiary of amounts paid (or to be paid) to the program, ``(B) in the case of a change in beneficiaries described in subsection (c)(3)(C), the individual who is the new beneficiary, and ``(C) any individual not described in subparagraph (A) or (B) who is designated as a beneficiary under the qualified developmental disabilities endowment program. ``(2) Qualified services.--The term `qualified services' means the services designated under the qualified developmental disabilities endowment program.''. (b) Clerical Amendment.--The table of parts for subchapter F of chapter 1 of such Code is amended by adding after the item relating to part VIII the following new item: ``Part IX. State developmental disabilities trust funds.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.

Sets forth the tax and estate tax treatment of designated beneficiaries and contributors.

Developmental Disability Endowment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Agreement Compliance Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the United States has entered into numerous trade agreements with foreign country trading partners; (2) foreign country performance with respect to certain agreements has been less than contemplated, and in some cases rises to the level of noncompliance; and (3) there is a need to provide a mechanism whereby interested parties can obtain a periodic review of the performance of a foreign country under a trade agreement. (b) Purposes.--The purposes of this Act are-- (1) to ensure that foreign countries which have made commitments through agreements with the United States fully abide by those commitments; (2) to obtain foreign country compliance with agreements with the United States through negotiation or, in the alternative, through unilateral action in cases in which the GATT dispute settlement procedures cannot be employed; (3) to achieve a more open world trading system which provides mutually advantageous market opportunities for trade between the United States and foreign countries; (4) to facilitate the opening of foreign country markets to exports of the United States and third countries by eliminating trade barriers and increasing the access of industry of the United States and third countries to such markets; and (5) to reduce diversion of third country exports to the United States because of restricted market access in foreign countries. SEC. 3. REVIEW OF TRADE AGREEMENTS. (a) In General.--Chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is amended by inserting after section 306, the following new section: ``SEC. 306A. REQUEST FOR REVIEW OF TRADE AGREEMENTS. ``(a) Annual Review of Trade Agreements.-- ``(1)(A) At the written request of an interested person, the Trade Representative shall commence a review to determine whether a foreign country is in compliance with any trade agreement such country has with the United States. ``(B) An interested person may file a written request for review under paragraph (1) at any time after the date which is within 30 days after the anniversary of the effective date of such agreement, but not later than 90 days before the date of the expiration of such agreement. ``(C) A written request filed under this paragraph shall-- ``(i) identify the person filing the request and the interest of that person which is affected by the noncompliance of a foreign country with a trade agreement with the United States; ``(ii) describe the rights of the United States being denied under such trade agreement; and ``(iii) include information reasonably available to the person regarding the failure of the foreign country to comply with such trade agreement. ``(2) Not later than 90 days after receipt of a request for review under paragraph (1), the Trade Representative shall determine whether any act, policy, or practice of the foreign country that is the subject of the review is in material noncompliance with the terms of such agreement. ``(3) In conducting a review under this subsection, the Trade Representative may, as the Trade Representative determines appropriate, consult with the Secretary of Commerce or the Secretary of Agriculture. ``(4)(A) For purposes of this subsection, the term `interested person' means a person who has a significant economic interest that is affected by the failure of a foreign country to comply with a trade agreement. ``(B) For purposes of this subsection, the term `trade agreement' means an agreement with the United States and is not intended to include multilateral trade agreements such as the General Agreement on Tariffs and Trade. ``(b) Factors To Be Taken Into Account.--In making a determination under subsection (a)(2), the Trade Representative shall take into account, among other relevant factors-- ``(1) achievement of the objectives of the agreement, ``(2) adherence to commitments given, and ``(3) any evidence of actual patterns of trade that do not reflect patterns of trade which would reasonably be anticipated to flow from the concessions or commitments of such country based on the international competitive position and export potential of a United States industry. The Trade Representative may seek the advice of the United States International Trade Commission when considering these factors. ``(c) Further Action.-- ``(1) If, on the basis of the review carried out under subsection (a), the Trade Representative determines that a foreign country is in material noncompliance with an agreement within the meaning of subsection (a)(2), the Trade Representative shall determine what further action to take under section 301(a). ``(2) For purposes of section 301, any determination made under subsection (a) shall be treated as a determination made under section 304. ``(3) In determining what further action to take under paragraph (1), the Trade Representative shall take into account the criteria described in subsection (d) with respect to possible sanctions. ``(d) Sanctions.--In developing a list of possible sanctions to be imposed in the event a determination is made under subsection (a)(2), the Trade Representative shall seek to minimize any adverse impact on existing business relations or economic interests of United States persons, including consideration of taking action with respect to future products for which a significant volume of current trade does not exist.''. (b) Conforming Amendment.--The table of contents of chapter 1 of title III of the Trade Act of 1974 is amended by inserting after the item relating to section 306 the following new item: ``Sec. 306A. Request for review of trade agreements.''. SEC. 4. INTERNATIONAL OBLIGATIONS. The amendments made by this Act shall not be construed to require actions inconsistent with the international obligations of the United States, including obligations under the General Agreement on Tariffs and Trade.

Trade Agreement Compliance Act of 1993 - Amends the Trade Act of 1974 to require the United States Trade Representative (USTR), at the request of an interested person, to determine whether a foreign country is complying with any agreement it has with the United States. Requires the USTR to take specified action under the Act if he or she determines that such country is in material noncompliance with any agreement. Requires the amendments made by this Act to be consistent with U.S. international obligations, including the General Agreement on Tariffs and Trade.

Trade Agreement Compliance Act of 1993

SECTION 1. PAYMENT OF INSURANCE PROCEEDS TO AN ALTERNATE BENEFICIARY WHEN FIRST BENEFICIARY CANNOT BE IDENTIFIED. (a) NSLI.--Section 1917 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f)(1) Following the death of the insured-- ``(A) if the first beneficiary otherwise entitled to payment of the insurance proceeds does not make a claim for such payment within two years after the death of the insured, payment of the proceeds may be made to another beneficiary designated by the insured, in the order of precedence as designated by the insured, as if the first beneficiary had predeceased the insured; and ``(B) if within four years after the death of the insured, no claim has been filed by a person designated by the insured as a beneficiary and the Secretary has not received any notice in writing that any such claim will be made, payment of the insurance proceeds may (notwithstanding any other provision of law) be made to such person as may in the judgment of the Secretary be equitably entitled to the proceeds of the policy. ``(2) Payment of insurance proceeds under paragraph (1) shall be a bar to recovery by any other person.''. (b) USGLI.--Section 1951 of such title is amended-- (1) by inserting ``(a)'' before ``United States Government''; and (2) by adding at the end the following new subsection: ``(b)(1) Following the death of the insured-- ``(A) if the first beneficiary otherwise entitled to payment of the insurance proceeds does not make a claim for such payment within two years after the death of the insured, payment of the proceeds may be made to another beneficiary designated by the insured, in the order of precedence as designated by the insured, as if the first beneficiary had predeceased the insured; and ``(B) if within four years after the death of the insured, no claim has been filed by a person designated by the insured as a beneficiary and the Secretary has not received any notice in writing that any such claim will be made, payment of the insurance proceeds may (notwithstanding any other provision of law) be made to such person as may in the judgment of the Secretary be equitably entitled to the proceeds of the policy. ``(2) Payment of insurance proceeds under paragraph (1) shall be a bar to recovery by any other person.''. (c) Transition Provision.--In the case of a person insured under subchapter I or II of chapter 19 of title 38, United States Code, who dies before the date of the enactment of this Act, the two-year and four-year periods specified in subsection (f)(1) of section 1917 of title 38, United States Code, as added by subsection (a), and subsection (b)(1) of section 1951 of such title, as added by subsection (b), shall for purposes of the applicable subsection be treated as being the two-year and four-year periods, respectively, beginning on the date of the enactment of this Act. SEC. 2. NATIVE AMERICAN VETERAN HOUSING LOAN PILOT PROGRAM. (a) Extension of Native American Veteran Housing Loan Pilot Program.--Section 3761(c) of title 38, United States Code, is amended by striking ``2001'' and inserting ``2005''. (b) Authorization of the Use of Certain Federal Memorandums of Understanding.--Section 3762(a)(1) of such title is amended-- (1) by inserting ``(A)'' after ``(1)''; (2) by striking ``and'' after the semicolon and inserting ``or''; and (3) by adding at the end the following: ``(B) the tribal organization that has jurisdiction over the veteran has entered into a memorandum of understanding with any department or agency of the United States with respect to direct housing loans to Native Americans that the Secretary determines-- ``(i) contemplates loans made under this subchapter; and ``(ii) substantially complies with the requirements of subsection (b); and''. (c) Modification of Loan Assumption Notice Requirement.--Section 3714(d) of such title is amended to read as follows: ``(d) With respect to a loan guaranteed, insured, or made under this chapter, the Secretary shall provide, by regulation, that at least one instrument evidencing either the loan or the mortgage or deed of trust therefor, shall conspicuously contain, in such form as the Secretary shall specify, a notice in substantially the following form: `This loan is not assumable without the approval of the Department of Veterans Affairs or its authorized agent'.''. SEC. 3. ELIMINATION OF REQUIREMENT FOR PROVIDING A COPY OF NOTICE OF APPEAL TO THE SECRETARY. (a) Repeal.--Section 7266 of title 38, United States Code, is amended by striking subsection (b). (b) Conforming Amendments.--Such section is further amended-- (1) by striking ``(1)'' after ``(a)''; (2) by redesignating paragraph (2) as subsection (b); (3) by redesignating paragraph (3) as subsection (c) and redesignating subparagraphs (A) and (B) thereof as paragraphs (1) and (2); and (4) by redesignating paragraph (4) as subsection (d) and by striking ``paragraph (3)(B)'' therein and inserting ``subsection (c)(2)''.

Authorizes the payment of proceeds following the death of the insured under the National Life Insurance Program and the United States Government Life Insurance Program: (1) to another beneficiary designated by the insured, if the first beneficiary does not make a claim for such insurance within two years; or (2) to any person designated by the Secretary of Veterans Affairs to be equitably entitled to such proceeds, if no claim has been filed by any designated beneficiary within four years.Extends through December 31, 2005, the Native American Veteran housing loan pilot program. Authorizes the Secretary to make a direct housing loan to such a veteran if the tribal organization having jurisdiction over such veteran has entered into a memorandum of understanding with any Federal department or agency with respect to such loans. Revises the loan assumption notice requirement.Eliminates the requirement of providing the Secretary with a copy of a notice of appeal of a decision by the Court of Veterans Appeals.

To amend title 38, United States Code, to authorize the payment of National Service Life Insurance and United States Government Life Insurance proceeds to an alternate beneficiary when the first beneficiary cannot be identified, to improve and extend the Native American veteran housing loan pilot program, and to eliminate the requirement to provide the Secretary of Veterans Affairs a copy of a notice of appeal to the Court of Appeals for Veterans Claims.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defend and Save Social Security Act''. SEC. 2. ADJUSTMENT TO NORMAL AND EARLY RETIREMENT AGE. (a) In General.--Section 216(l) of the Social Security Act (42 U.S.C. 416(l)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (C), by striking ``2017'' and inserting ``2016''; and (B) by striking subparagraphs (D) and (E) and inserting the following new subparagraphs: ``(D) with respect to an individual who-- ``(i) attains 62 years of age after December 31, 2015, and before January 1, 2024, such individual's early retirement age (as determined under paragraph (2)(A)) plus 48 months; or ``(ii) receives a benefit described in paragraph (2)(B) and attains 60 years of age after December 31, 2015, and before January 1, 2024, 66 years of age plus the number of months in the age increase factor (as determined under paragraph (4)(A)(i)); ``(E) with respect to an individual who-- ``(i) attains 62 years of age after December 31, 2023, and before January 1, 2027, 68 years of age plus the number of months in the age increase factor (as determined under paragraph (4)(B)(ii)); or ``(ii) receives a benefit described in paragraph (2)(B) and attains 60 years of age after December 31, 2023, and before January 1, 2027, 68 years of age plus the number of months in the age increase factor (as determined under paragraph (4)(B)(i)); and ``(F) with respect to an individual who-- ``(i) attains 62 years of age after December 31, 2026, 69 years of age; or ``(ii) receives a benefit described in paragraph (2)(B) and attains 60 years of age after December 31, 2026, 69 years of age.''; (2) by amending paragraph (2) to read as follows: ``(2) The term `early retirement age' means-- ``(A) in the case of an old-age, wife's, or husband's insurance benefit-- ``(i) 62 years of age with respect to an individual who attains such age before January 1, 2016; ``(ii) with respect to an individual who attains 62 years of age after December 31, 2015, and before January 1, 2023, 62 years of age plus the number of months in the age increase factor (as determined under paragraph (4)(A)(ii)) for the calendar year in which such individual attains 62 years of age; and ``(iii) with respect to an individual who attains age 62 after December 31, 2022, 64 years of age; or ``(B) in the case of a widow's or widower's insurance benefit, 60 years of age.''; (3) by striking paragraph (3) and inserting the following: ``(3) With respect to an individual who attains early retirement age in the 5-year period consisting of the calendar years 2000 through 2004, the age increase factor shall be equal to two-twelfths of the number of months in the period beginning with January 2000 and ending with December of the year in which the individual attains early retirement age.''; and (4) by adding at the end the following new paragraph: ``(4) The age increase factor shall be equal to three- twelfths of the number of months in the period-- ``(A) beginning with January 2016 and ending with December of the year in which-- ``(i) for purposes of paragraphs (1)(D)(ii), the individual attains 60 years of age; or ``(ii) for purposes of paragraph (2)(A)(ii), the individual attains 62 years of age; and ``(B) beginning with January 2024 and ending with December of the year in which-- ``(i) for purposes of (1)(E)(ii), the individual attains 60 years of age; or ``(ii) for purposes of (1)(E)(i), the individual attains 62 years of age.''. (b) Conforming Increase in Number of Elapsed Years for Purposes of Determining Primary Insurance Amount.--Section 215(b)(2)(B)(iii) of such Act (42 U.S.C. 415(b)(2)(B)(iii)) is amended by striking ``age 62'' and inserting ``early retirement age (or, in the case of an individual who receives a benefit described in section 216(l)(2)(B), 62 years of age)''. SEC. 3. COST-OF-LIVING ADJUSTMENT. Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended-- (1) in paragraph (1)(D), by inserting ``subject to paragraph (6),'' before ``the term''; and (2) by adding at the end the following new paragraph: ``(6)(A) Subject to subparagraph (B), with respect to a base quarter or cost-of-living computation quarter in any calendar year after 2010, the term `CPI increase percentage' means the percentage determined under paragraph (1)(D) for the quarter reduced (but not below zero) by 1 percentage point. ``(B) The reduction under subparagraph (A) shall apply only for purposes of determining the amount of benefits under this title and not for purposes of determining the amount of, or any increases in, benefits under other provisions of law which operate by reference to increases in benefits under this title.''.

Defend and Save Social Security Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) increase the normal retirement age by specified graduated stages to 67 by 2019 and to 69 after December 31, 2026, and the early retirement age to 63 by 2019 and to 64 after December 31, 2022; (2) revise requirements for computation of the age increase factor; and (3) modify the cost-of-living adjustment (COLA) to 1% below the general COLA.

A bill to amend title II of the Social Security Act to extend the solvency of the Social Security Trust Funds by increasing the normal and early retirement ages under the Social Security program and modifying the cost-of-living adjustments in benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Universal Higher Education and Lifetime Learning Act of 2007''. SEC. 2. CONSOLIDATION OF EDUCATION TAX INCENTIVES INTO HIGHER EDUCATION TAX CREDIT. (a) In General.--Section 25A of the Internal Revenue Code of 1986 (relating to Hope and Lifetime Learning credits) is amended to read as follows: ``SEC. 25A. HIGHER EDUCATION TAX CREDIT. ``(a) Allowance of Credit.--In the case of any eligible student for whom an election is in effect under this section for any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) 50 percent of so much of the higher education expenses paid by the taxpayer during the taxable year (with respect to attendance of the eligible student at an eligible educational institution during any academic period beginning in such taxable year) as does not exceed $3,000, and ``(2) 30 percent of so much of such expenses as exceeds $3,000, but does not exceed $8,000. ``(b) Limitations.-- ``(1) Higher education expense limitation.--The amount of higher education expenses taken into account under subsection (a) with respect to an individual for an academic period shall not exceed the individual's cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the date of the enactment of this section) for such period at the eligible educational institution with respect to which such higher education expenses were paid. ``(2) Lifetime credit limitation.--The amount of the credit allowed under subsection (a) for any taxable year with respect to any eligible student shall not exceed the excess of-- ``(A) $12,000, over ``(B) the aggregate credit allowed under subsection (a) with respect to such eligible student for all prior taxable years. ``(3) Credit limitation based on modified adjusted gross income.-- ``(A) In general.--The amount which would (but for this paragraph) be taken into account under subsection (a) for the taxable year shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) the applicable amount under subparagraph (D), bears to ``(ii) $30,000 ($60,000 in the case of a joint return). ``(C) Modified adjusted gross income.--The term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(D) Applicable amount.--The applicable amount under this subparagraph is-- ``(i) in the case of a joint return, 200 percent of the dollar amount in effect under clause (ii) for the taxable year, and ``(ii) in any other case, $50,000. ``(4) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this section and section 23) and section 27 for the taxable year. ``(c) Definitions.--For purposes of this subsection-- ``(1) Eligible student.--The term `eligible student' means, with respect to any academic period, any individual who meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of the Taxpayer Relief Act of 1997. ``(2) Higher education expense.--The term `higher education expense' means any expense of a type which is taken into account in determining the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the date of the enactment of this section) of-- ``(A) the taxpayer, ``(B) the taxpayer's spouse, or ``(C) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution with respect to the attendance of such individual at such institution for the academic period for which the credit under this section is being determined. ``(3) Eligible educational institution.--The term `eligible educational institution' means an institution-- ``(A) which is described in section 481 of the Higher Education Act of 1965, as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and ``(B) which is eligible to participate in a program under title IV of the Higher Education Act of 1965. ``(d) Special Rules.-- ``(1) Identification requirement.--No credit shall be allowed under subsection (a) to a taxpayer with respect to an eligible student unless the taxpayer includes the name and taxpayer identification number of such student on the return of tax for the taxable year. ``(2) Adjustment for certain scholarships.--The amount of higher education expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced (before the application of subsections (a) and (b)) by the sum of any amounts paid for the benefit of such individual which are allocable to such period as-- ``(A) a qualified scholarship which is excludable from gross income under section 117, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, and ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such student's educational expenses, or attributable to such individual's enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. ``(3) Credit allowed only for first 2 years of graduate education.--No credit shall be allowed under subsection (a) for a taxable year with respect to the higher education expenses of an eligible student if the student has completed (before the beginning of such taxable year) 2 years of graduate education at one or more eligible educational institutions. ``(4) Treatment of expenses paid by dependent.--If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins-- ``(A) no credit shall be allowed under subsection (a) to such individual for such individual's taxable year, and ``(B) higher education expenses paid by such individual during such individual's taxable year shall be treated for purposes of this section as paid by such other taxpayer. ``(5) Treatment of certain prepayments.--If higher education expenses are paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. ``(6) Denial of double benefit.--No credit shall be allowed under this section for any expense for which deduction is allowed under any other provision of this chapter. ``(7) No credit for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(8) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(e) Portion of Credit Refundable.--The aggregate credits allowed to a taxpayer under subpart C shall be increased by 50 percent of the portion of the amount of the credit which would be allowed to the taxpayer under this section without regard to this subsection and the limitation under section 26(a)(2) or subsection (b)(4), as the case may be. The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of credit otherwise allowable under subsection (a) without regard to section 26(a)(2) or subsection (b)(3), as the case may be. ``(f) Election Not To Have Section Apply.--A taxpayer may elect not to have this section apply with respect to the higher education expenses of an individual for any taxable year. ``(g) Inflation Adjustment.-- ``(1) In general.--In the case of a taxable year beginning after 2008, the $50,000 amount in subsection (b)(3)(D) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000. ``(h) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any expense which was taken into account in determining the amount of such credit.''. (b) Repeal of Deduction for Qualified Tuition and Related Expenses.-- (1) In general.--Part VII of subchapter B of chapter 1 of such Code (relating to additional itemized deductions for individuals) is amended by striking section 222. (2) Clerical amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222. (c) Conforming Amendments.-- (1) Subsection (c) of section 23 of such Code is amended by striking ``and 1400C'' and inserting ``25A, and 1400C''. (2) Subparagraph (B) of section 24(b)(3) of such Code is amended by striking ``and 25B'' and inserting ``, 25A, and 25B''. (3) Subparagraph (C) of section 25(e)(1) of such Code is amended-- (A) by striking ``25D'' in clause (i) and inserting ``25A, 25D'', and (B) by striking ``24'' in clause (ii) and inserting ``24, 25A''. (4) Paragraph (2) of section 25B(g) of such Code is amended by striking ``section 23'' and inserting ``sections 23 and 25A''. (5) Subsection (c) of section 25D of such Code is amended-- (A) in paragraph (1) by inserting ``and section 25A'' after ``other than this section'', and (B) in paragraph (2) by striking ``24'' and inserting ``24, 25A''. (6) Subsection (d) of section 1400C of such Code is amended-- (A) by striking ``section 25D'' in paragraph (1) and inserting ``sections 25A and 25D'', and (B) by striking ``24'' in paragraph (2) and inserting ``24, 25A''. (7) Section 62(a) of such Code is amended by striking paragraph (18). (8) Subparagraph (A) of section 86(b)(2) of such Code is amended by striking ``, 222''. (9) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 25A(d)(2)''. (10) Subparagraph (A) of section 135(c)(4) of such Code is amended by striking ``, 222''. (11) Subparagraph (A) of section 137(b)(3) of such Code is amended by striking ``, 222''. (12) Subparagraph (A) of section 199(d)(2) of such Code is amended by striking ``, 222''. (13) Clause (ii) of section 219(g)(3)(A) of such Code is amended by striking ``, 222''. (14) Clause (i) of section 221(b)(2)(C) of such Code is amended by striking ``, 222''. (15) Clause (iii) of section 469(i)(3)(F) of such Code is amended by striking ``221, and 222'' and inserting ``and 221''. (16) Subsection (d) of section 221 of such Code is amended-- (A) by striking ``section 25A(g)(2)'' in paragraph (2)(B) and inserting ``section 25A(d)(2)'', and (B) by striking ``section 25A(f)(2)'' in the second sentence of paragraph (2) and inserting ``section 25A(c)(3)''. (17) Paragraph (3) of section 221(d) of such Code is amended to read as follows: ``(3) Eligible student.--The term `eligible student' means, with respect to any academic period, a student who-- ``(A) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and ``(B) is carrying at least \1/2\ the normal full- time workload for the course of study the student is pursuing.''. (18) Subclause (I) of section 529(c)(3)(B)(v) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``25A(d)(2)''. (19) Clause (i) of section 529(e)(3)(B) of such Code is amended by striking ``section 25A(b)(3)'' and inserting ``section 221(d)(3)''. (20) Subclause (I) of section 530(d)(2)(C)(i) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 25A(d)(2)''. (21) Clause (iii) of section 530(d)(4)(B) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``25A(d)(2)''. (22) Section 1400O of such Code is amended by adding at the end the following flush sentence: ``For purposes of this section, any reference to section 25A shall be treated as a reference to such section as in effect on the day before the date of the enactment of this sentence.''. (23) Section 6050S of such Code is amended-- (A) by striking ``qualified tuition and related expenses'' in subsection (a)(2) and inserting ``expenses which are included as part of a student's cost of attendance (as defined in section 472 of the Higher Education Act of 1965)'', (B) by striking clause (i) of subsection (b)(2)(B) and inserting the following new clause: ``(i) the cost of attendance (as defined in section 472 of the Higher Education Act of 1965) of such individual,'', and (C) in subsection (e) by striking ``the terms'' and all that follows through ``subsection (g)(2) thereof)'' and inserting ``the term `eligible educational institution' has the meaning given such term by section 25A(c)(3)''. (24) Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking ``section 25A(g)(1) (relating to higher education tuition and related expenses)'' and inserting ``section 25A(d)(1) (relating to higher education tax credit)''. (25) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``, 25A,'' after ``section 35''. (26) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25A and inserting the following: ``Sec. 25A. Higher education tax credit.''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2007, for education furnished in academic periods beginning after such date.

Universal Higher Education and Lifetime Learning Act of 2007 - Amends the Internal Revenue Code of 1986 to replace the Hope Scholarship and Lifetime Learning Tax Credits with a partially refundable Higher Education Tax Credit covering: (1) up to 50% of a taxpayer's higher education expenses for a taxable year that do not exceed $3,000; and (2) up to 30% of such expenses between $3,000 and $8,000. Sets a lifetime credit limitation of $12,000 per student. Applies the credit to no more than two years of graduate education. Repeals the tax deduction for qualified tuition and related expenses.

A bill to amend the Internal Revenue Code of 1986 to consolidate the current education tax incentives into one credit against income tax for higher education expenses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare, Medicaid, and MCH Smoking Cessation Promotion Act of 2001''. SEC. 2. COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE UNDER THE MEDICARE PROGRAM. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by sections 102(a) and 105(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554), is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V), by adding ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(W) counseling for cessation of tobacco use (as defined in section 1861(vv));''. (b) Counseling Described.--Section 1861 of such Act (42 U.S.C. 1395x), as amended by section 102(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554), is further amended by adding at the end the following new subsection: ``Counseling for Cessation of Tobacco Use ``(vv)(1) Except as provided in paragraph (2), the term `counseling for cessation of tobacco use' may include diagnostic, therapy, and counseling services for cessation of tobacco use but only for individuals who have a history of tobacco use and only if the services are furnished-- ``(A) by or under the supervision of a physician; or ``(B) by any other health care professional who (i) is legally authorized to furnish such services under State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished and (ii) is authorized to receive payment for other services under this title or is designated by the Secretary for this purpose. ``(2) Such term does not include counseling services that have not been shown (or recognized by the Secretary) to be effective.''. (c) Elimination of Cost-Sharing.-- (1) Elimination of coinsurance.--Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)), as amended by sections 105(c) and 201(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554), is amended-- (A) by striking ``and'' before ``(U)''; and (B) by inserting before the semicolon at the end the following: ``, and (V) with respect to counseling for cessation of tobacco use (as defined in section 1861(vv), the amount paid shall be 100 percent of the lesser of the actual charge for the services or the amount determined by a fee schedule established by the Secretary for purposes of this clause''. (2) Elimination of deductible.--The first sentence of section 1833(b)(1) of such Act (42 U.S.C. 1395l(b)(1)) is amended-- (A) by striking ``and'' before ``(6)''; and (B) by inserting before the period the following: ``, and (7) such deductible shall not apply with respect to counseling for cessation of tobacco use (as defined in section 1861(vv)''. (d) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2002. SEC. 3. MEDICAID PROGRAM. (a) Dropping Exception From Medicaid Prescription Drug Coverage for Smoking Cessation Medications.--Section 1927(d)(2) of the Social Security Act (42 U.S.C. 1396r-8(d)(2)) is amended-- (1) by striking subparagraph (E); and (2) in subparagraph (F), by inserting before the period at the end the following: ``except agents approved by the Food and Drug Administration for purposes of promoting, and when used to promote, smoking cessation''. (b) Requiring Coverage of Smoking Cessation Counseling in Services for Pregnant Women.--Section 1902(a)(10)(C)(ii)(II) of such Act (42 U.S.C. 1396a(a)(10)(C)(ii)(II)) is amended by inserting ``and counseling for cessation of tobacco use (as defined in section 1861(vv))'' after ``prenatal care and delivery services''. (c) Removal of Cost-Sharing for Smoking Cessation Counseling Services for Pregnant Women.--Section 1916 of such Act (42 U.S.C. 1396o) is amended, in each of subsections (a)(2)(B) and (b)(2)(B), by inserting ``counseling for cessation of tobacco use (as defined in section 1861(vv)) furnished to pregnant women and other'' after ``(B)''. (d) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2002. SEC. 4. MATERNAL AND CHILD HEALTH PROGRAM. (a) Quality Maternal and Child Health Services Includes Smoking Cessation Counseling and Medications.--Section 501 of the Social Security Act (42 U.S.C. 701) is amended by adding at the end the following new subsection: ``(c) For purposes of this title, counseling for cessation of tobacco use (as defined in section 1861(vv)), medications used to promote smoking cessation, and the inclusion of anti-tobacco messages in health promotion counseling shall be considered to be part of quality maternal and child health services.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.

Medicare, Medicaid, and MCH Smoking Cessation Promotion Act of 2001 - Amends titles V (Maternal and Child Health Services), XVIII (Medicare), and XIX (Medicaid) of the Social Security Act to provide for coverage of counseling for cessation of tobacco use under the Maternal and Child Health Services, Medicare, and Medicaid programs.

To amend titles V, XVIII, and XIX of the Social Security Act to promote smoking cessation under the Medicare Program, the Medicaid Program, and the maternal and child health program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Learning Access Simplicity and Savings Act of 2009'' or the ``CLASS Act of 2009''. SEC. 2. CREATION OF COLLEGE AFFORDABILITY CREDIT AND SIMPLIFICATION OF EDUCATION TAX BENEFITS. (a) College Affordability Credit.-- (1) Paragraph (1) of section 25A(a) of the Internal Revenue Code of 1986 is amended by striking ``the Hope Scholarship Credit'' and inserting ``the College Affordability Credit''. (2) Subsection (b) of section 25A of such Code is amended to read as follows: ``(b) College Affordability Credit.-- ``(1) Allowance of credit.--In the case of any eligible student for whom an election is in effect under this section for any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(A) 100 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (with respect to attendance of the eligible student at an eligible educational institution during any academic period beginning in such taxable year) as does not exceed $1,200, and ``(B) 50 percent of so much of such expenses as exceeds $1,200, but does not exceed $4,800. ``(2) Lifetime credit limitation.--The amount of the credit allowed under paragraph (1) for any taxable year with respect to any eligible student shall not exceed the excess of-- ``(A) $12,000, over ``(B) the aggregate credit allowed under subsection (a) with respect to such eligible student for all prior taxable years. ``(3) Credit allowed only for first 2 years of graduate education.--No credit shall be allowed under subsection (a)(1) for a taxable year with respect to the qualified tuition and related expenses of an eligible student if the student has completed (before the beginning of such taxable year) 2 years of graduate education at one or more eligible educational institutions. ``(4) Credit allowed for year only if individual is at least \1/2\ time student for portion of year.--The College Affordability Credit under subsection (a)(1) shall not be allowed for a taxable year with respect to the qualified tuition and related expenses of an individual unless such individual is an eligible student for at least one academic period which begins during such year. ``(5) Eligible student.--The term `eligible student' means, with respect to any academic period, any individual who-- ``(A) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and ``(B) is carrying at least \1/2\ the normal full- time work load for the course of study the student is pursuing.''. (b) Qualified Tuition and Related Expenses To Include Required Course Materials.--Subparagraph (A) of section 25A(f)(1) of such Code is amended by striking ``tuition and fees'' and inserting ``tuition, fees, and course materials''. (c) Increased Income Limitation.--Subsection (d) of section 25A of such Code is amended to read as follows: ``(d) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount which would (but for this paragraph) be taken into account under subsection (a) for the taxable year shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.--The amount determined under this subparagraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) the applicable amount under paragraph (4), bears to ``(B) $25,000 ($50,000 in the case of a joint return). ``(3) Modified adjusted gross income.--The term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(4) Applicable amount.--The applicable amount under this subparagraph is-- ``(A) in the case of a joint return, 200 percent of the dollar amount in effect under subparagraph (B) for the taxable year, and ``(B) in any other case, $50,000.''. (d) Modified Inflation Adjustment.--Paragraph (2) of section 25A(h) of such Code is amended to read as follows: ``(2) Income limits.-- ``(A) In general.--In the case of a taxable year beginning after 2009, the $50,000 amount in subsection (d)(4)(B) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2008' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000.''. (e) Portion of Credit Refundable.--Section 25A of such Code is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: ``(i) Portion of Credit Refundable.-- ``(1) In general.--The aggregate credits allowed to a taxpayer under subpart C shall be increased by an amount equal to 50 percent of the portion of the amount of the credit which would have been allowed to the taxpayer under this section by reason of subsection (b) (without regard to this subsection and the limitation under section 26(a)(2)). The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of credit otherwise allowable under subsection (a) (without regard to section 26(a)(2)). ``(2) Reduction of credit.--In the case of a taxable year to which 26(a)(2) does not apply, the credit determined under paragraph (1) for the taxable year shall be reduced by the amount of tax imposed by section 55 (relating to alternative minimum tax) with respect to such taxpayer for such taxable year.''. (f) Repeal of Deduction for Qualified Tuition and Related Expenses.-- (1) In general.--Part VII of subchapter B of chapter 1 of such Code (relating to additional itemized deductions for individuals) is amended by striking section 222. (2) Clerical amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222. (g) Conforming Amendments.-- (1) The heading for Section 25A of such Code is amended by striking ``hope'' and inserting ``college affordability''. (2) Section 25A(c)(2)(A) of such Code is amended-- (A) by striking ``Hope Scholarship Credit'' and inserting ``College Affordability Credit'', and (B) by striking ``Hope'' in the heading thereof and inserting ``College affordability''. (3) Section 62(a) of such Code is amended by striking paragraph (18). (4) Subparagraph (A) of section 86(b)(2) of such Code is amended by striking ``, 222''. (5) Subparagraph (A) of section 135(c)(4) of such Code is amended by striking ``, 222''. (6) Subparagraph (A) of section 137(b)(3) of such Code is amended by striking ``, 222''. (7) Subparagraph (A) of section 199(d)(2) of such Code is amended by striking ``, 222''. (8) Clause (ii) of section 219(g)(3)(A) of such Code is amended by striking ``, 222''. (9) Clause (i) of section 221(b)(2)(C) of such Code is amended by striking ``, 222''. (10) Clause (iii) of section 469(i)(3)(F) of such Code is amended by striking ``221, and 222'' and inserting ``and 221''. (11) Paragraph (3) of section 221(d) of such Code is amended by striking ``25A(b)(3)'' and inserting ``25A(b)(5)''. (12) Clause (i) of section 529(e)(3)(B) of such Code is amended by striking ``section 25A(b)(3)'' and inserting ``section 221(d)(3)''. (13) The heading for clause (v) of section 529(c)(3)(B) of such Code is amended by striking ``Hope'' and inserting ``College affordability''. (14) The heading for Subparagraph (C) of section 530(d)(2) of such Code is amended by striking ``Hope'' and inserting ``College affordability''. (15) Section 1400O of such Code is amended by adding at the end the following flush sentence: ``For purposes of this section, any reference to section 25A shall be treated as a reference to such section as in effect on the day before the date of the enactment of this sentence.''. (16) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``, 25A,'' after ``section 35''. (h) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25A and inserting the following new item: ``Sec. 25A. College Affordability and Lifetime Learning credits.''. (i) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2008, for education furnished in academic periods beginning after such date.

College Learning Access Simplicity and Savings Act of 2009 or the CLASS Act of 2009 - Amends the Internal Revenue Code to replace the Hope Scholarship tax credit with the College Affordability Credit, which shall allow: (1) a partially refundable tax credit of up to $1,200 for qualified tuition and related expenses (including required course materials) at an institution of higher education; and (2) an additional 50% tax credit for such expenses exceeding $1,200 but not exceeding $4,800. Repeals the tax deduction for qualified tuition and related expenses.

To amend the Internal Revenue Code of 1986 to simplify and improve the current education tax incentives.

SECTION 1. HUBZONE SMALL BUSINESS CONCERN. Section 3(p)(3) of the Small Business Act (15 U.S.C. 632(p)(3)) is amended to read as follows: ``(3) Hubzone small business concern.--The term `HUBZone small business concern' means-- ``(A) a small business concern that is owned and controlled by 1 or more persons, each of whom is a United States citizen; ``(B) a small business concern that is-- ``(i) an Alaska Native Corporation owned and controlled by Natives (as determined pursuant to section 29(e)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1626(e)(1))); or ``(ii) a direct or indirect subsidiary corporation, joint venture, or partnership of an Alaska Native Corporation qualifying pursuant to section 29(e)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1626(e)(1)), if that subsidiary, joint venture, or partnership is owned and controlled by Natives (as determined pursuant to section 29(e)(2)) of the Alaska Native Claims Settlement Act (43 U.S.C. 1626(e)(2))); or ``(C) a small business concern-- ``(i) that is wholly owned by 1 or more Indian tribal governments, or by a corporation that is wholly owned by 1 or more Indian tribal governments; or ``(ii) that is owned in part by 1 or more Indian tribal governments, or by a corporation that is wholly owned by 1 or more Indian tribal governments, if all other owners are either United States citizens or small business concerns.''. SEC. 2. QUALIFIED HUBZONE SMALL BUSINESS CONCERN. (a) In General.--Section 3(p)(5)(A)(i) of the Small Business Act (15 U.S.C. 632(p)(5)(A)(i)) is amended by striking subclauses (I) and (II) and inserting the following: ``(I) it is a HUBZone small business concern-- ``(aa) pursuant to subparagraph (A) or (B) of paragraph (3), and that its principal office is located in a HUBZone and not fewer than 35 percent of its employees reside in a HUBZone; or ``(bb) pursuant to paragraph (3)(C), and not fewer than 35 percent of its employees engaged in performing a contract awarded to the small business concern on the basis of a preference provided under section 31(b) reside within any Indian reservation governed by 1 or more of the tribal government owners, or reside within any HUBZone adjoining any such Indian reservation; ``(II) the small business concern will attempt to maintain the applicable employment percentage under subclause (I) during the performance of any contract awarded to the small business concern on the basis of a preference provided under section 31(b); and''. (b) HUBZone Pilot Program for Sparsely Populated Areas.--Section 3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)) is amended by adding at the end the following: ``(E) HUBZone pilot program for sparsely populated areas.-- ``(i) In general.--Notwithstanding subparagraph (A)(i)(I)(aa), during the period beginning on the date of enactment of the Small Business Reauthorization Act of 2000 and ending on September 30, 2003, a small business concern, the principal office of which is located in the State of Alaska, an Alaska Native Corporation under paragraph (3)(B)(i), or a direct or indirect subsidiary, joint venture, or partnership under paragraph (3)(B)(ii) shall be considered to be a qualified HUBZone small business concern if-- ``(I) its principal office is located within a HUBZone within the State of Alaska; ``(II) not fewer than 35 percent of its employees who will be engaged in performing a contract awarded to it on the basis of a preference provided under section 31(b) will perform their work in any HUBZone located within the State of Alaska; or ``(III) not fewer than 35 percent of its employees reside in a HUBZone located within the State of Alaska or in any Alaska Native Village within the State of Alaska. ``(ii) Exception.-- ``(I) In general.--Clause (i) shall not apply in any fiscal year following a fiscal year in which the total amount of contract dollars awarded in furtherance of the contracting goals established under section 15(g)(1) to small business concerns located within the State of Alaska is equal to more than 2 percent of the total amount of such contract dollars awarded to all small business concerns nationally, based on data from the Federal Procurement Data System. ``(II) Limitation.--Subclause (I) shall not be construed to disqualify a HUBZone small business concern from performing a contract awarded to it on the basis of a preference provided under section 31(b), if such concern was qualified under clause (i) at the time at which the contract was awarded.''. (c) Clarifying Amendment.--Section 3(p)(5)(D)(i) of the Small Business Act (15 U.S.C. 632(p)(5)(D)(i)) is amended by inserting ``once the Administrator has made the certification required by subparagraph (A)(i) regarding a qualified HUBZone small business concern and has determined that subparagraph (A)(ii) does not apply to that concern,'' before ``include''. SEC. 3. OTHER DEFINITIONS. Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) is amended by adding at the end the following: ``(6) Native american small business concerns.-- ``(A) Alaska native corporation.--The term `Alaska Native Corporation' has the same meaning as the term `Native Corporation' in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). ``(B) Alaska native village.--The term `Alaska Native Village' has the same meaning as the term `Native village' in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). ``(C) Indian reservation.--The term `Indian reservation'-- ``(i) has the same meaning as the term `Indian country' in section 1151 of title 18, United States Code, except that such term does not include-- ``(I) any lands that are located within a State in which a tribe did not exercise governmental jurisdiction on the date of enactment of this paragraph, unless that tribe is recognized after that date of enactment by either an Act of Congress or pursuant to regulations of the Secretary of the Interior for the administrative recognition that an Indian group exists as an Indian tribe (part 83 of title 25, Code of Federal Regulations); and ``(II) lands taken into trust or acquired by an Indian tribe after the date of enactment of this paragraph if such lands are not located within the external boundaries of an Indian reservation or former reservation or are not contiguous to the lands held in trust or restricted status on that date of enactment; and ``(ii) in the State of Oklahoma, means lands that-- ``(I) are within the jurisdictional areas of an Oklahoma Indian tribe (as determined by the Secretary of the Interior); and ``(II) are recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this paragraph).''.

Includes for participation in the HUBZone pilot program for sparsely populated areas, during the period beginning on the date of enactment of the Small Business Reauthorization Act of 2000 and ending on September 30, 2003, a small business concern the principal office of which is in Alaska, an Alaska Native Corporation, or a subsidiary, joint venture, or partnership thereof, if: (1) its principal office is located within a HUBZone in Alaska; (2) at least 35 percent of its employees who will perform work under an SBA awarded contract will perform such work in Alaska; or (3) at least 35 percent of its employees reside in a HUBZone within Alaska or in any Alaska Native Village. Provides an exception.

A bill to ensure and enhance participation in the HUBZone program by small business concerns in Native America, to expand eligibility for certain small businesses on a trial basis, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fracturing Responsibility and Awareness of Chemicals Act'' or the ``FRAC Act''. SEC. 2. REGULATION OF HYDRAULIC FRACTURING. (a) Underground Injection.--Section 1421(d) of the Safe Drinking Water Act (42 U.S.C. 300h(d)) is amended by striking paragraph (1) and inserting the following: ``(1) Underground injection.-- ``(A) In general.--The term `underground injection' means the subsurface emplacement of fluids by well injection. ``(B) Inclusion.--The term `underground injection' includes the underground injection of fluids or propping agents pursuant to hydraulic fracturing operations relating to oil or natural gas production activities. ``(C) Exclusion.--The term `underground injection' does not include the underground injection of natural gas for the purpose of storage.''. (b) State Primary Enforcement Relating to Hydraulic Fracturing Operations.--Section 1422 of the Safe Drinking Water Act (42 U.S.C. 300h-1) is amended by adding at the end the following: ``(f) Hydraulic Fracturing Operations.-- ``(1) In general.--Consistent with such regulations as the Administrator may prescribe, a State may seek primary enforcement responsibility for hydraulic fracturing operations for oil and natural gas without seeking to assume primary enforcement responsibility for other types of underground injection control wells, including underground injection control wells that inject brine or other fluids that are brought to the surface in connection with oil and natural gas production or any underground injection for the secondary or tertiary recovery of oil or natural gas. ``(2) Administration.-- ``(A) In general.--Paragraph (1) shall not apply until the date that is 1 year after the date on which the Administrator publishes in the Federal Register any regulations promulgated under that paragraph. ``(B) Effect on administrator.--Nothing in this subsection affects the authority of the Administrator to approve State programs that assume primary enforcement responsibility for only certain types of underground injection control wells.''. (c) Disclosure.--Section 1421(b) of the Safe Drinking Water Act (42 U.S.C. 300h(b)) is amended by adding at the end the following: ``(4) Disclosures of chemical constituents.-- ``(A) In general.--A person conducting hydraulic fracturing operations shall disclose to the State (or to the Administrator, in any case in which the Administrator has primary enforcement responsibility in a State), by not later than such deadlines as shall be established by the State (or the Administrator)-- ``(i) before the commencement of any hydraulic fracturing operations at any lease area or a portion of a lease area, a list of chemicals and proppants intended for use in any underground injection during the operations (including identification of the chemical constituents of mixtures, Chemical Abstracts Service numbers for each chemical and constituent, material safety data sheets if available, and the anticipated amount of each chemical to be used); and ``(ii) after the completion of hydraulic fracturing operations described in clause (i), the list of chemicals and proppants used in each underground injection during the operations (including identification of the chemical constituents of mixtures, Chemical Abstracts Service numbers for each chemical and constituent, material safety data sheets if available, and the amount of each chemical used). ``(B) Public availability.--The State or the Administrator, as applicable, shall-- ``(i) ensure the accuracy and completeness of the information required under subparagraph (A); and ``(ii) make available to the public the information contained in each disclosure required under subparagraph (A), including by posting the information on a single, searchable Internet website such that all the information disclosed to the State or Administrator, as applicable, under that subparagraph is contained on the same Internet website. ``(C) Immediate disclosure in case of medical need or emergency.-- ``(i) In general.--Subject to clause (ii), the regulations promulgated pursuant to subsection (a) shall require that, in any case in which the State or the Administrator, as applicable, a first responder, or healthcare practitioner determines that the proprietary chemical formula or specific chemical identity of a trade-secret chemical used in hydraulic fracturing is necessary for medical diagnosis, treatment, or emergency response, the applicable person using hydraulic fracturing shall, upon request, immediately disclose to the State, the Administrator, first responder, or healthcare practitioner the proprietary chemical formula or specific chemical identity of a trade-secret chemical, regardless of the existence of-- ``(I) a written statement of need; or ``(II) a confidentiality agreement. ``(ii) Requirement.--A person using hydraulic fracturing that makes a disclosure required under clause (i) may require the execution of a written statement of need and a confidentiality agreement as soon as practicable after the determination by the State, Administrator, first responder, or healthcare practitioner, as applicable, under that clause. ``(iii) Professional necessity.-- ``(I) In general.--Subject to subclause (II), a first responder or healthcare practitioner may share any information disclosed under clause (i) with other persons if the information is medically necessary. ``(II) Restriction.--A first responder or healthcare practitioner described in subclause (I) shall not make publicly available any information disclosed under clause (i). ``(D) No public disclosure required.--Nothing in subparagraph (A), (B), or (C) authorizes a State or the Administrator to publicly disclose any proprietary chemical formula.''.

Fracturing Responsibility and Awareness of Chemicals Act or FRAC Act - Amends the Safe Drinking Water Act to repeal the exemption from restrictions on underground injection of fluids or propping agents granted to hydraulic fracturing operations relating to oil and natural gas production activities under such Act. Amends the Safe Drinking Water Act to allow the Administrator of the Environmental Protection Agency (EPA) to prescribe regulations that authorize a state, one year after such regulations are promulgated, to seek primary enforcement responsibility for hydraulic fracturing operations for oil and natural gas without seeking to assume primary enforcement responsibility for other types of underground injection control wells, including underground injection control wells that inject brine or other fluids that are brought to the surface in connection with oil and natural gas production or any underground injection for the secondary or tertiary recovery of oil or natural gas. Requires: (1) state underground injection programs to direct a person conducting hydraulic fracturing operations to disclose to the state (or the Administrator if the Administrator has primary enforcement responsibility in such state) the chemicals and proppants intended for use in underground injections before the commencement of such operations and the chemicals actually used after the end of such operations; and (2) a state or the Administrator to ensure the accuracy and completeness of the disclosed information and make it available to the public. Requires the applicable person using hydraulic fracturing, when a medical emergency exists and the proprietary chemical formula of a chemical used in such hydraulic fracturing is necessary for medical diagnosis, treatment, or emergency response to disclose such formula or the specific chemical identity of a trade secret chemical to the state, the Administrator, a first responder, or healthcare practitioner upon request, regardless of the existence of a written statement of need or a confidentiality agreement. Authorizes such person to require the execution of such statement and agreement as soon as practicable. Authorizes first responders or healthcare practitioners to share any information disclosed with other persons if the information is medically necessary, but prohibits such personnel from making such information publicly available.

FRAC Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Regulations Act of 2017''. SEC. 2. AGENCY STANDARDS FOR GUIDANCE DOCUMENTS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. (2) Agency.--The term ``agency'' has the meaning given the term in section 3502 of title 44, United States Code. (3) Guidance document.--The term ``guidance document''-- (A) means an agency statement of general applicability and future effect, other than a regulatory action, that sets forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statutory or regulatory issue; and (B) does not include-- (i) a legal advisory opinion for internal executive branch use and not for release (such as Department of Justice Office of Legal Counsel opinions); (ii) a brief or other position taken by an agency in an investigation, pre-litigation, litigation, or other enforcement proceeding; (iii) a speech, editorial, media interview, press material, or congressional correspondence; (iv) a guidance document that relates to a military or foreign affairs function of the United States (other than a guidance document on procurement or the import or export of non- defense articles and services); (v) a grant solicitation, warning letter, or case or investigatory letter responding to a complaint involving a fact-specific determination; (vi) a purely internal agency policy; (vii) a guidance document that relates to the use, operation, or control of a government facility; (viii) an internal guidance document directed solely to other agencies; or (ix) any other category of guidance documents exempted by the head of an agency, in consultation with the Administrator. (4) Regulation.--The term ``regulation'' means an agency statement of general applicability and future effect, which the agency intends to have the force and effect of law, that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency. (5) Regulatory action.--The term ``regulatory action'' means any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final regulation, including notices of inquiry, advance notices of inquiry and notices of proposed rule making. (b) Approval Procedures.-- (1) In general.--Except as provided in paragraph (2), not later than 210 days after the date of enactment of this Act, the head of each agency shall develop or have written procedures for the approval of guidance documents, which shall ensure that the issuance of guidance documents is approved by each appropriate senior agency official. (2) Exception.--An employee of an agency may not deviate from the requirements of the procedures developed pursuant to paragraph (1) unless-- (A) the employee has submitted an appropriate justification to a supervisor who is an appropriate senior agency official described paragraph (1) or the head of the agency; and (B) the supervisor or head of the agency has agreed to the deviation. (c) Contents of Guidance Document.-- (1) Requirements.--Each guidance document issued by an agency shall include the following: (A) The term ``guidance'' or a functional equivalent of that term. (B) An identification of each agency and office issuing the document. (C) An identification of the activity to which and the person to whom the guidance document applies. (D) The date of issuance. (E) If the document is a revision to a previously issued guidance document, a notation of such and an identification of the document replaced. (F) The title of the document and any identification number, if applicable. (G) A citation to the statutory provision or regulation to which the document applies or interprets. (2) Prohibited.--A guidance document may not include mandatory language such as ``shall'', ``must'', ``required'', or ``requirement'', unless-- (A) the agency is using these words to describe a statutory or regulatory requirement; (B) the language is addressed to agency employees; or (C) the prohibition against that mandatory language prevents agency consideration of a position advanced by any affected private party. (d) Public Access and Feedback for Guidance Documents.-- (1) Internet access.-- (A) List required.--The head of each agency shall maintain on the website of the agency a list of each guidance document in effect, which shall include the following: (i) The name of each guidance document. (ii) Any document identification number. (iii) The dates of issuance and revision. (iv) An identification of which documents have been added, revised, or withdrawn during the previous year. (B) Link to document required.--The head of the agency shall provide a link from the list described in subparagraph (A) to each such guidance document. (C) Updates to website.--Not later than 30 days after the date on which a guidance document is issued, the head of the agency shall update the list of guidance documents and links described in this paragraph accordingly. (2) Public feedback.-- (A) Submission of public comments.-- (i) In general.--Not later than 60 days after the date of enactment of this Act, the head of each agency shall establish and prominently display on the website of the agency a means for the public-- (I) to electronically submit comments on any guidance document; and (II) to electronically submit a request for issuance, reconsideration, modification, or rescission of any guidance document. (ii) No response required.--Any public comment submitted under this paragraph is for the benefit of the agency, and a formal response to any such comment by the agency is not required. (B) Complaints by the public.--The head of each agency shall-- (i) designate one or more offices to receive and address complaints submitted by the public that the agency is not following the procedures in this section or is improperly treating a guidance document as a binding requirement; and (ii) provide, on the website of the agency, the name and contact information for any office described in clause (i). (e) Notice and Public Comment for Guidance Documents.-- (1) In general.--Except as provided in paragraph (2), not later than 60 days after the date on which an agency prepares a draft of a guidance document, the agency shall complete the following requirements: (A) Publish a notice in the Federal Register announcing that the draft document is available. (B) Post the draft document on the website of the agency and make the draft publicly available in hard copy (or notify the public how the guidance document may be reviewed if not in a format that permits electronic posting with reasonable efforts). (C) Invite public comment on the draft document. (D) Prepare and post on the website of the agency a response-to-comments document. (2) Exemptions.--Notwithstanding paragraph (1), the head of an agency, in consultation with the Administrator, may designate a guidance document or group of guidance documents as exempt from the requirements of this section for being not feasible or appropriate. (f) Exigent Circumstances.-- (1) In general.--In an imminent threat to public health or safety or similar exigent circumstance exists or when an agency is required by law to act more quickly than the procedures described in this section allow, the head of the agency shall certify the circumstance to the Administrator as soon as possible and, to the extent practicable, comply with this section. (2) Other deadlines.--For any guidance document that is governed by a statutory or court-imposed deadline, the agency shall, to the extent practicable, schedule any proceeding for such document to permit sufficient time to comply with this section. (g) Applicability.--This section does not affect the authority of an agency to communicate the views of the agency in court or in any other enforcement proceeding. (h) Effective Date.--The requirements of this section shall take effect 180 days after the date of enactment of this Act. SEC. 3. LIMITATIONS ON USE OF INTERIM FINAL RULES. (a) Enhanced Showing Required for Interim Final Rules.--Section 553(b)(B) of title 5, United States Code, is amended by striking ``for good cause'' and all that follows through the period at the end and inserting the following: ``determines that an imminent threat to public health or safety or similar exigent circumstance exists.''. (b) Required Publication or Service Date.--Section 553(d)(3) of title 5, United States Code, is amended to read as follows: ``(3) in the case of any rule to which the exception under subsection (b)(B) applies.''. (c) Lookback Period for Interim Final Rules.--Section 553 of title 5, United States Code, is amended by adding at the end the following: ``(f) In the case of a rule making in which the exception under subsection (b)(B) was applied, by not later than 18 months after the rule takes effect, the agency shall provide for a period in which interested persons may submit written data, views, or arguments, in the same manner as submissions under subsection (c), shall give such submissions due consideration, and, if appropriate, repeal or amend the rule accordingly.''.

Truth in Regulations Act of 2017 This bill requires agencies to have written procedures to ensure that an issuance of policy guidance documents (other than regulatory actions) is approved by each appropriate senior agency official unless a supervisor or agency head has agreed to an employee's justification to deviate from the requirements. An agency must also maintain on its website a list of, links to, and a means for the public to comment on and request issuance, modification, or rescission of, such documents. A guidance document may not include mandatory language unless: (1) the agency is describing a statutory or regulatory requirement, (2) the language is addressed to agency employees, or (3) the prohibition against that mandatory language prevents agency consideration of a position advanced by an affected private party. The bill requires agencies to publish drafts of guidance documents for public comment. The bill replaces the "good cause" exception to proposed rulemaking notice and publication requirements with an exception that applies if the agency determines that an imminent threat to public health or safety or a similar exigent circumstance exists. When such exception is applied, the agency, within 18 months after the rule takes effect, shall: (1) provide for a period in which interested persons may submit written data, views, or arguments; and (2) consider such submissions and, if appropriate, repeal or amend the rule.

Truth in Regulations Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Automobile Industry Promotion Act of 2007''. SEC. 2. ADVANCED ENERGY INITIATIVE FOR VEHICLES. (a) Purposes.--The purposes of this section are-- (1) to enable and promote, in partnership with industry, comprehensive development, demonstration, and commercialization of a wide range of electric drive components, systems, and vehicles using diverse electric drive transportation technologies; (2) to make critical public investments to help private industry, institutions of higher education, National Laboratories, and research institutions to expand innovation, industrial growth, and jobs in the United States; (3) to expand the availability of the existing electric infrastructure for fueling light duty transportation and other on-road and nonroad vehicles that are using petroleum and are mobile sources of emissions-- (A) including the more than 3,000,000 reported units (such as electric forklifts, golf carts, and similar nonroad vehicles) in use on the date of enactment of this Act; and (B) with the goal of enhancing the energy security of the United States, reduce dependence on imported oil, and reduce emissions through the expansion of grid-supported mobility; (4) to accelerate the widespread commercialization of all types of electric drive vehicle technology into all sizes and applications of vehicles, including commercialization of plug- in hybrid electric vehicles and plug-in hybrid fuel cell vehicles; and (5) to improve the energy efficiency of and reduce the petroleum use in transportation. (b) Definitions.--In this section: (1) Battery.--The term ``battery'' means an energy storage device used in an on-road or nonroad vehicle powered in whole or in part using an off-board or on-board source of electricity. (2) Electric drive transportation technology.--The term ``electric drive transportation technology'' means-- (A) a vehicle that-- (i) uses an electric motor for all or part of the motive power of the vehicle; and (ii) may use off-board electricity, including battery electric vehicles, fuel cell vehicles, engine dominant hybrid electric vehicles, plug-in hybrid electric vehicles, plug-in hybrid fuel cell vehicles, and electric rail; or (B) equipment relating to transportation or mobile sources of air pollution that uses an electric motor to replace an internal combustion engine for all or part of the work of the equipment, including corded electric equipment linked to transportation or mobile sources of air pollution. (3) Engine dominant hybrid electric vehicle.--The term ``engine dominant hybrid electric vehicle'' means an on-road or nonroad vehicle that-- (A) is propelled by an internal combustion engine or heat engine using-- (i) any combustible fuel; and (ii) an on-board, rechargeable storage device; and (B) has no means of using an off-board source of electricity. (4) Fuel cell vehicle.--The term ``fuel cell vehicle'' means an on-road or nonroad vehicle that uses a fuel cell (as defined in section 803 of the Energy Policy Act of 2005 (42 U.S.C. 16152)). (5) Initiative.--The term ``Initiative'' means the Advanced Battery Initiative established by the Secretary under subsection (f)(1). (6) Nonroad vehicle.--The term ``nonroad vehicle'' has the meaning given the term in section 216 of the Clean Air Act (42 U.S.C. 7550). (7) Plug-in hybrid electric vehicle.--The term ``plug-in hybrid electric vehicle'' means an on-road or nonroad vehicle that is propelled by an internal combustion engine or heat engine using-- (A) any combustible fuel; (B) an on-board, rechargeable storage device; and (C) a means of using an off-board source of electricity. (8) Plug-in hybrid fuel cell vehicle.--The term ``plug-in hybrid fuel cell vehicle'' means an onroad or nonroad vehicle that is propelled by a fuel cell using-- (A) any compatible fuel; (B) an on-board, rechargeable storage device; and (C) a means of using an off-board source of electricity. (9) Industry alliance.--The term ``Industry Alliance'' means the entity selected by the Secretary under subsection (f)(2). (10) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (11) Secretary.--The term ``Secretary'' means the Secretary of Energy. (c) Goals.--The goals of the electric drive transportation technology program established under subsection (e) shall be to develop, in partnership with industry and institutions of higher education, projects that focus on-- (1) innovative electric drive technology developed in the United States; (2) growth of employment in the United States in electric drive design and manufacturing; (3) validation of the plug-in hybrid potential through fleet demonstrations; and (4) acceleration of fuel cell commercialization through comprehensive development and commercialization of battery technology systems independent of fundamental fuel cell vehicle technology development. (d) Assessment.--Not later than 120 days after the date of enactment of this Act, the Secretary shall offer to enter into an arrangement with the National Academy of Sciences-- (1) to conduct an assessment (in cooperation with industry, standards development organizations, and other entities, as appropriate), of state-of-the-art battery technologies with potential application for electric drive transportation; (2) to identify knowledge gaps in the scientific and technological bases of battery manufacture and use; (3) to identify fundamental research areas that would likely have a significant impact on the development of superior battery technologies for electric drive vehicle applications; and (4) to recommend steps to the Secretary to accelerate the development of battery technologies for electric drive transportation. (e) Program.--The Secretary shall conduct a program of research, development, demonstration, and commercial application for electric drive transportation technology, including-- (1) high-capacity, high-efficiency batteries; (2) high-efficiency on-board and off-board charging components; (3) high-powered drive train systems for passenger and commercial vehicles and for nonroad equipment; (4) control system development and power train development and integration for plug-in hybrid electric vehicles, plug-in hybrid fuel cell vehicles, and engine dominant hybrid electric vehicles, including-- (A) development of efficient cooling systems; (B) analysis and development of control systems that minimize the emissions profile when clean diesel engines are part of a plug-in hybrid drive system; and (C) development of different control systems that optimize for different goals, including-- (i) battery life; (ii) reduction of petroleum consumption; and (iii) green house gas reduction; (5) nanomaterial technology applied to both battery and fuel cell systems; (6) large-scale demonstrations, testing, and evaluation of plug-in hybrid electric vehicles in different applications with different batteries and control systems, including-- (A) military applications; (B) mass market passenger and light-duty truck applications; (C) private fleet applications; and (D) medium- and heavy-duty applications; (7) a nationwide education strategy for electric drive transportation technologies providing secondary and high school teaching materials and support for education offered by institutions of higher education that is focused on electric drive system and component engineering; (8) development, in consultation with the Administrator of the Environmental Protection Agency, of procedures for testing and certification of criteria pollutants, fuel economy, and petroleum use for light-, medium-, and heavy-duty vehicle applications, including consideration of-- (A) the vehicle and fuel as a system, not just an engine; and (B) nightly off-board charging; and (9) advancement of battery and corded electric transportation technologies in mobile source applications by-- (A) improvement in battery, drive train, and control system technologies; and (B) working with industry and the Administrator of the Environmental Protection Agency-- (i) to understand and inventory markets; and (ii) to identify and implement methods of removing barriers for existing and emerging applications. (f) Advanced Battery Initiative.-- (1) In general.--The Secretary shall establish and carry out an Advanced Battery Initiative in accordance with this subsection to support research, development, demonstration, and commercial application of battery technologies. (2) Industry alliance.--Not later than 180 days after the date of enactment of this Act, the Secretary shall competitively select an Industry Alliance to represent participants who are private, for-profit firms headquartered in the United States, the primary business of which is the manufacturing of batteries. (3) Research.-- (A) Grants.--The Secretary shall carry out research activities of the Initiative through competitively- awarded grants to-- (i) researchers, including Industry Alliance participants; (ii) small businesses; (iii) National Laboratories; and (iv) institutions of higher education. (B) Industry alliance.--The Secretary shall annually solicit from the Industry Alliance-- (i) comments to identify advanced battery technology needs relevant to electric drive technology; (ii) an assessment of the progress of research activities of the Initiative; and (iii) assistance in annually updating advanced battery technology roadmaps. (4) Availability to the public.--The information and roadmaps developed under this subsection shall be available to the public. (5) Preference.--In making awards under this subsection, the Secretary shall give preference to participants in the Industry Alliance. (g) Cost Sharing.--In carrying out this section, the Secretary shall require cost sharing in accordance with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352). (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2008 through 2012. SEC. 3. AVAILABILITY OF NEW ADVANCED LEAN BURN TECHNOLOGY MOTOR VEHICLE CREDIT FOR HIGH-EFFICIENCY DIESEL MOTOR VEHICLES. (a) In General.--Section 30B(c)(3)(A) of the Internal Revenue Code of 1986 (defining new advanced lean burn technology motor vehicle credit) is amended-- (1) by adding ``and'' at the end of clause (ii), and (2) by striking clause (iv). (b) Effective Date.--The amendments made by this section shall apply to property purchased after the date of the enactment of this Act. SEC. 4. BIODIESEL STANDARDS. Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended-- (1) by redesignating the first subsection (r) (relating to the definition of the term ``manufacturer'') as subsection (t) and moving the subsection so as to appear after subsection (s); and (2) by inserting after subsection (o) the following: ``(p) Biodiesel Standards.-- ``(1) Definitions.--In this subsection: ``(A) Biodiesel.-- ``(i) In general.--The term `biodiesel' means the monoalkyl esters of long chain fatty acids derived from plant or animal matter that meet-- ``(I) the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act (42 U.S.C. 7545); and ``(II) the requirements of the American Society of Testing and Materials D6751. ``(ii) Inclusions.--The term `biodiesel' includes esters described in subparagraph (A) derived from-- ``(I) animal waste, including poultry fat, poultry waste, and other waste material; and ``(II) municipal solid waste, sludge, and oil derived from wastewater or the treatment of wastewater. ``(B) Biodiesel blend.-- ``(i) In general.--The term `biodiesel blend' means a mixture of biodiesel and diesel fuel (as defined in section 4083(a) of the Internal Revenue Code of 1986). ``(ii) Inclusions.--The term `biodiesel blend' includes-- ``(I) a blend of biodiesel and diesel fuel approximately 5 percent of the content of which is biodiesel (commonly known as `B5'); and ``(II) a blend of biodiesel and diesel fuel approximately 20 percent of the content of which is biodiesel (commonly known as `B20'). ``(2) Standards.--Not later than 180 days after the date of enactment of the American Automobile Industry Promotion Act of 2007, the Administrator shall promulgate regulations to establish standards for each biodiesel blend that is sold or introduced into commerce in the United States.''.

American Automobile Industry Promotion Act of 2007 - Directs the Secretary of Energy to: (1) offer to enter into an arrangement with the National Academy of Sciences to assess state-of-the-art battery technologies with potential application for electric drive transportation; (2) conduct a program of research, development, demonstration, and commercial application for electric drive transportation technology (i.e., vehicles that use electric motors for all or part of the motive power); and (3) establish and carry out an Advanced Battery Initiative to support research, development, demonstration, and commercial application of battery technologies in on-road or nonroad vehicles. Amends the Internal Revenue Code to redefine the new advanced lean burn technology motor vehicle credit for high-efficiency diesel passenger automobiles and light trucks to eliminate requirements that such motor vehicles for 2004 and later model years receive a certificate stating they meet or exceed certain weight and emission standards. Amends the Clean Air Act to: (1) define "biodiesel" and "biodiesel blend"; and (2) require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to establish standards for each biodiesel blend.

A bill to promote the future of the American automobile industry, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Lighthouse Museum Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the ``National Lighthouse Museum Commission'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. (a) In General.--The Commission shall-- (1) develop a fundraising plan, acquire a site, and draft an operational proposal for establishing a National Lighthouse Museum at a lighthouse-related site that is within the United States and listed on the National Register of Historic Places; and (2) establish the National Lighthouse Museum Corporation in accordance with this Act. (b) Reports.--The Commission shall submit an annual report to the Congress describing the activities of the Commission during the preceding year. SEC. 4. MEMBERSHIP OF COMMISSION. (a) Number and Appointment.--The Commission shall be composed of 19 members appointed as follows: (1) 1 by the National Conference of State Historic Preservation Officers. (2) 13 by the National Lighthouse Museum Feasibility Steering Committee. (3) 1 by the Coast Guard. (4) 1 by the Secretary of the Interior. (5) 1 by the Secretary of the Smithsonian Institution. (6) 1 by the National Trust for Historic Preservation. (7) 1 by the American Association of Museums. (b) Terms; Vacancies.-- (1) In general.--Members of the Commission shall serve for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (c) Rates of Pay.--Members of the Commission shall serve without pay. (d) Travel Expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Bylaws.--The Commission shall adopt bylaws to carry out its functions under this Act. (f) Chairperson.--The Chairperson of the Commission shall be elected by the Commission from among its members. (g) Meetings.--The Commission shall meet at the call of the Chairperson. The Chairperson shall convene the first meeting for not later than January 1, 1999. One-third of the members of the Commission shall constitute a quorum, and any vacancy in the Commission shall not affect its powers to function. The Commission may adopt rules to govern its proceedings. (h) Termination.--The Commission shall terminate on the earlier of-- (1) 5 years after the date of completion of appointment of the members of the Commission; or (2) the completion of appointment of the initial board of directors of the National Lighthouse Corporation under section 6(d). SEC. 5. ADMINISTRATIVE SUPPORT FOR COMMISSION. (a) In General.--The Commission may accept from the National Lighthouse Museum Feasibility Steering Committee such administrative support as may be necessary to carry out its responsibilities under this Act. (b) Administrator of General Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 6. ESTABLISHMENT OF NATIONAL LIGHTHOUSE MUSEUM CORPORATION. (a) Establishment.-- (1) In general.--The Commission shall establish, under the laws of the State in which is located the site acquired under section 3(a)(1) for the National Lighthouse Museum and in accordance with this section, the National Lighthouse Museum Corporation (in this Act referred to as the ``Corporation''). Subject to paragraph (2), the Corporation is a federally chartered corporation. (2) Expiration of charter.--If the Corporation does not comply with any provision of this section, the charter granted by this section expires. (b) Purposes.--The purpose of the Corporation is to establish the National Lighthouse Museum as provided for by the Commission under section 3(a)(1). (c) Board of Directors and Officers.-- (1) Board of directors.--The board of directors of the Corporation and the responsibilities of the board shall be as provided in its articles of incorporation. The Commission shall appoint the initial members of the board of directors by not later than 5 years after the date of the enactment of this Act. (2) Officers.--The officers of the Corporation and the election of its officers shall be as provided in the articles of incorporation. (d) Powers.--The Corporation shall have only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. (e) Restrictions.-- (1) Stock and dividends.--The Corporation may not issue stock or declare or pay a dividend. (2) Political activities.--The Corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation. (3) Distribution of income or assets.--The income or assets of the Corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this section. This paragraph does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors. (4) Loans.--The Corporation may not make a loan to a director, officer, or employee. (5) Claim of governmental approval or authorization.--The Corporation may not claim congressional approval or the authority of the United States Government for any of its activities. (f) Duty To Maintain Corporate and Tax-Exempt Status.-- (1) Corporate status.--The Corporation shall maintain its status as a corporation incorporated under the laws of the State referred to in subsection (a)(1). (2) Tax-exempt status.--The Corporation shall maintain its status as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. (g) Records and Inspection.-- (1) Records.--The Corporation shall keep-- (A) correct and complete records of account; (B) minutes of the proceedings of its members, board of directors, and committees; and (C) at its principal office, a record of the names and addresses of its members entitled to vote. (2) Inspection.--A member entitled to vote, or an agent or attorney of the member, may inspect the records of the Corporation for any proper purpose, at any reasonable time. (h) Service of Process.--The Corporation shall comply with the law on services of process of each State in which it is incorporated and each State in which it carries on activities. (i) 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. (j) Annual Report.--The Corporation shall submit an annual report to the Congress on the activities of the Corporation during the prior fiscal year. The report may not be printed as a public document. (k) Definition.--For purposes of this section, the term ``State'' includes the District of Columbia and the territories and possessions of the United States. SEC. 7. OPERATION OF NATIONAL LIGHTHOUSE MUSEUM. (a) In General.--The National Lighthouse Museum established under this Act shall operate under the direction and control of the Corporation. (b) Facilities.--In addition to the site at which the National Lighthouse Museum is established under section 3, the museum shall have a storage facility located near the site for the care, conservation, and maintenance of artifacts in the collection of the museum. (c) Support to Other Museums.--The National Lighthouse Museum shall provide support to other museums that interpret the history of aids to navigation in the United States. (d) Designation of Collection.--The collection of artifacts of the National Lighthouse Museum shall be known as the National Lighthouse Collection.

National Lighthouse Museum Act - Establishes a National Lighthouse Museum Commission to: (1) develop a fund raising plan, acquire a site, and draft an operational proposal for establishing a National Lighthouse Museum at a lighthouse-related site within the United States and listed on the National Register of Historic Places; and (2) establish the National Lighthouse Museum Corporation to direct and control the Museum.

National Lighthouse Museum Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Conservation Incentives Program Act of 1995''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Establishment and administration of conservation incentive program. Sec. 4. Program priorities and coordination. Sec. 5. Duties of operators. Sec. 6. Duties of the secretary. Sec. 7. Eligible lands. Sec. 8. Funding. SEC. 2. DEFINITIONS. In this Act: (1) Conservation practice.--The term ``conservation practice'' means a structural practice, vegetative practice, or management practice that is used to protect soil, water, and related resources and is tailored to local resource conditions. (2) Structural practice.--The term ``structural practice'' means a practice or measure that is constructed, such as a waste treatment lagoon, waste storage structure, terrace, grassed waterway, and such other structures as the Secretary considers appropriate. (3) Vegetative practice.--The term ``vegetative practice'' means a practice or measure that uses vegetation to protect soil, water, and related resources, such as the use of crop rotation, cover crops, wildlife plantings, and such other practices as the Secretary considers appropriate. (4) Management practice.--The term ``management practice'' means a practice or measure that is used to manage crops, livestock, nutrients, or pesticides, and such other practices as the Secretary considers appropriate. (5) Program plan.--The term ``program plan'' means a plan that includes an evaluation of the farm or ranch resources, a record of resource management decision made by the farmer or rancher, a schedule for implementing the plan components, a list of conservation practices eligible for cost-share and incentives, and an estimated total cost of the plan. (6) Large confined livestock operations.--The term ``large confined livestock operation'' means a farm or ranch that-- (A) is a confined animal feeding operation; and (B) has more than-- (i) 700 mature dairy cattle; (ii) 1,000 beef cattle; (iii) 100,000 laying hens or broilers; (iv) 55,000 turkeys; (v) 2,500 swine; or (vi) 10,000 sheep or lambs. (7) Operator.--The term ``operator'' means a person who is engaged in crop or livestock production as defined by the Secretary. (8) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. ESTABLISHMENT AND ADMINISTRATION OF CONSERVATION INCENTIVE PROGRAM. (a) Establishment.--During the fiscal years 1996 through 2005, the Secretary shall carry out a conservation incentive program under this Act to provide technical assistance, cost-sharing payments, and incentive payments to operators who enter into contracts with the Secretary to develop and implement conservation practices. (b) Purpose.--It is the purpose of the conservation incentive program-- (1) to carry out a conservation program that uses incentives and technical assistance to solve locally identified resource problems from agricultural activities and that provides-- (A) flexible technical and financial assistance to operators that face the most serious threats to soil, water, and related resources, including grazing lands, wetlands, and wildlife habitat; (B) assistance to operators in complying with Federal and State environmental laws, and encourages long term agricultural sustainability; (C) assistance to operators in making beneficial, cost-effective changes to cropping systems, grazing management, manure management, nutrient, pest, or irrigation management, land uses, or other measures needed to conserve and improve soil, water, and related natural resources; and (D) simplification of the conservation planning process to reduce administrative burdens on operators. (2) to complement other Federal and State programs to provide-- (A) optimum and effective use of available Federal and State programs at the local level where resource problems exist; (B) coordination of the Federal and State programs through the State technical committees established under section 1261 of the Food Security Act of 1985 (16 U.S.C. 3861); and (C) development of a performance measurement process for each local resource problem area that reflects progress in program implementation and resolution of the resource problem. (c) Types of Assistance.-- (1) Technical assistance.--The Secretary shall use conservation incentive program funds to provide operators with technical assistance to develop a program plan and design program plan components. An operator who develops and implements a program plan approved by the Natural Resources Conservation Service and the local conservation district shall be eligible for additional technical assistance from conservation incentive program funds, including assistance in laying out the program plan components on the farm or ranch, training on operation and maintenance of the plan components, and assistance in evaluating program plan performance. (2) Cost-share.--Structural practices and vegetative practices shall be eligible for cost-share payments or technical assistance, or both, as determined by the Secretary. (3) Incentive payments.--Management practices shall be eligible for incentive payments or technical assistance, or both, as determined by the Secretary. (d) Contracts.-- (1) Term and conditions.--A contract between an operator and the Secretary under the conservation incentives program may-- (A) apply to 1 or more conservation practices; (B) have a term of not more than 10 years, as determined appropriate by the Secretary, depending on the conservation practice or practices covered by the contract; and (C) provide cost-share and incentive payments. (2) Concurrence of owner.--If the operator is a tenant, the operator shall obtain the concurrence of the owner of the land before the conservation incentive program contract is accepted by the Secretary. (e) Provision of Assistance.-- (1) Limitations on amount of payments.--The total amount of cost-share and incentive payments paid to a person under the conservation incentives program may not exceed-- (A) $10,000 for any fiscal year for one year contract; or (B) $75,000 for any multiyear contract. (2) Payment increments.--The Secretary shall make payments for multiyear contracts in annual increments. The entire contract obligation may be paid in one year when the operator is required to make a major initial investment based on the contract, as determined by the Secretary. (3) Federal share of cost-share payments.--The Federal share of cost-share payments to an operator proposing to implement 1 or more structural or vegetative practices, or both, as part of an approved program plan shall not receive more than 75 percent of the projected cost of the practice, as determined by the Secretary. (4) Special rule for livestock operations.--An operator of a large confined livestock operation shall not be eligible for cost-sharing on structural and vegetative practices to construct an animal waste management facility, but shall be eligible for incentive payments and technical assistance. An operator of a confined livestock operation, regardless of size, that has been in operation for less than 5 years shall not be eligible for cost-share on structural and vegetative practices to construct an animal waste management facility, but shall be eligible of technical assistance. (5) Federal share of incentive payments.--The Secretary shall make incentive payments in an amount and at a rate determined by the Secretary to be necessary to encourage an operator to perform 1 or more management practices, when necessary to attain the purposes of the conservation incentives program and in the public interest as determined by the Secretary. (6) Funding for technical assistance.--The Secretary shall allocate funding for the provision of technical assistance according to the purpose and projected cost for which the technical assistance is provided in a fiscal year. The receipt of technical assistance under the conservation incentives program shall not affect the eligibility of the operator to receive technical assistance under other authorities of law available to the Secretary. (f) Modification or Termination of Contracts.-- (1) Voluntary modification or termination.--The Secretary may modify or terminate a contract entered into with an operator under the conservation incentives program if-- (A) the operator agrees to the modification or termination; and (B) the Secretary determines that the modification or termination is in the public interest. (2) Involuntary termination.--The Secretary may terminate a contract under the conservation incentives program if the Secretary determines that the operator violated the contract. (g) Non-Federal Assistance.--The Secretary may request the services of a State water quality agency, State fish and wildlife agency, State forestry agency, or any other governmental or private resource considered appropriate to assist in providing the technical assistance necessary for the development and implementation of a conservation practice. (h) Regulations.--Within 180 days after the date of the enactment of this Act, the Secretary shall issue regulations to administrator of the conservation incentive program. SEC. 4. PROGRAM PRIORITIES AND COORDINATION. (a) Priorities.--The Secretary shall provide technical assistance, cost-share payments, and incentive payments to operators in a region, watershed, or conservation priority area under the conservation incentives program based on the significance of the soil, water, and related natural resource problems in the region, watershed, or area. (b) Coordination of Priorities.--The Secretary shall coordinate the establishment of priorities within a State or multiple States for large interstate regions with other Federal and State programs through the State technical Committee established under section 1261 of the Food Security Act of 1985 (16 U.S.C. 3861) to optimize program effectiveness and maximize environmental benefits for per dollar of expenditures. (c) Priority Criteria.--The Secretary shall establish national criteria for selecting priority areas. (d) State and Local Contributions.--The Secretary shall accord a higher priority to operations located within watersheds, regions, or conservation priority areas in which State or local governments have provided or will provide, financial or technical assistance to the operators for the same conservation or environmental purposes. (e) Priority Lands.--The Secretary shall accord a higher priority to installing conservation practices on lands on which agricultural production has been determined to contribute to, or create, the potential for failure to meet applicable water quality standards or other environmental objectives of Federal and State law. SEC. 5. DUTIES OF OPERATORS. To receive technical assistance, cost-sharing payments, or incentives payments under the conservation incentives program, an operator shall agree-- (1) to implement a program plan that describes conservation and environmental goals to be achieved through one or more conservation practices approved by the Secretary; (2) not to conduct any practices on the farm or ranch that would tend to defeat the purpose of the conservation incentives program; (3) on the violation of a term or condition of the contract at any time the operator has control of the land, to refund any cost-sharing or incentive payment received with interest, and forfeit any future payments under the conservation incentives program, as determined by the Secretary; (4) on the transfer of the right and interest of the operator in land subject to the contract, unless the transferee of the right and interest agrees with the Secretary to assume all obligations of the contract, to refund all cost-sharing payments and incentive payments received under the conservation incentives program, as determined by the Secretary; (5) to supply information as required by the Secretary to determine compliance with the program plan and requirements of the conservation incentives program; and (6) to comply with such additional provisions as the Secretary determines are necessary to carry out the conservation incentives program. SEC. 6. DUTIES OF THE SECRETARY. To the extent appropriate, the Secretary shall assist an operator in achieving the conservation and environmental goals of a program plan-- (1) by providing an eligibility assessment of the farming or ranching operation of the operator as a basis for developing the program plan; (2) by providing technical assistance in developing and implementing the program plan; (3) by providing technical assistance, cost-sharing payments, or incentive payments for developing and implementing conservation practices as provided in section 3; (4) providing the operator with information, education, and training to aid in implementation of the program plan; and (5) encouraging the operator to obtain technical assistance, cost-sharing payments, or grants from other Federal, State, local, or private sources. SEC. 7. ELIGIBLE LANDS. Agricultural land on which one or more conservation practice shall be eligible for technical assistance, cost-sharing payments, or incentive payments under the conservation incentives program include-- (1) agricultural land (including cropland, rangeland, pasture, and other land on which crops or livestock are produced) that the Secretary determines poses a serious threat to soil, water, or related resources by reason of the soil types, terrain, climatic, soil, topographic, flood, or shine characteristics, or other factors or natural hazards; (2) an area that is considered to be critical agricultural land on which either crop or livestock production is carried out, as identified in a plan submitted by the State under section 319 of the Federal Water Pollution Control Act (33 U.S.C. 1329) as having priority problems that result from an agricultural nonpoint source of pollution; (3) an area recommended by the State lead agency for protection of soil, water, and related resources ad designated by a Governor of a State; and (4) land that is not located within a designated or approve area, but that if permitted to continue to be operated under existing management practices, would defeat the purpose of the conservation incentives program, as determined by the Secretary. SEC. 8. FUNDING. (a) Mandatory Expenses.--Secretary shall use the funds of the Commodity Credit Corporation for each of the fiscal years 1996 through 2005 to carry out the conservation incentive program, including cost- sharing payments, incentives payments, and technical assistance costs. (b) Funding Limitations.--Funding for the conservation incentives program from the Commodity Credit Corporation shall be limited to $100,000,000 for fiscal year 1996 and $300,000,000 for each of fiscal years 1997 through 2005. (c) Distribution of Payments.-- (1) Livestock production.--Not less than 50 percent of the funding for technical assistance, cost-sharing payments, and incentive payments under the conservation incentive program shall be for conservation practices relating to livestock production. (2) Limitation.--The Secretary may allocate less than 50 percent of the total program funding level for a fiscal year for conservation practices relating to livestock production, but in no case less than 35 percent, if the Secretary determines that the 50 percent funding level is not reasonable based on need and demand as expressed by conservation incentives program participants.

Conservation Incentives Program Act of 1995 - Directs the Secretary of Agriculture to carry out a conservation incentives program to provide technical assistance, cost-sharing payments, and incentive payments to participating agricultural operators. Establishes a special rule and funding obligations for livestock operations. Establishes program and land priorities. Sets forth: (1) duties of the operators and of the Secretary; and (2) eligible land categories. Funds (with spending caps) such program through the Commodity Credit Corporation.

Conservation Incentives Program Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kick OPIC Act of 2010''. SEC. 2. TERMINATION OF OVERSEAS PRIVATE INVESTMENT CORPORATION. (a) Termination of Authority To Make New Obligations.-- (1) Termination of authority.--Effective 60 days after the date of the enactment of this Act, the Overseas Private Investment Corporation shall not issue any insurance, guaranties, or reinsurance, make any loan, or acquire any securities, under section 234 of the Foreign Assistance Act of 1961, enter into any agreements for any other activity authorized by such section 234, or enter into risk sharing arrangements authorized by section 234A of that Act. (2) Preservation of existing contracts and agreements.-- Paragraph (1) does not require the termination of any contract or other agreement entered into before such paragraph takes effect. (b) Termination of OPIC.--Effective upon the expiration of the 180- day period beginning on the date of the enactment of this Act, the Overseas Private Investment Corporation is abolished. (c) Transfer of Operations to OMB.--The Director of the Office of Management and Budget shall, effective upon the expiration of the 180- day period beginning on the date of the enactment of this Act, perform the functions of the Overseas Private Investment Corporation with respect to contracts and agreements described in subsection (a)(2) until the expiration of such contracts and agreements, but shall not renew any such contract or agreement. The Director shall take the necessary steps to wind up the affairs of the Corporation. (d) Repeal of Authorities.--Effective upon the expiration of the 180-day period beginning on the date of the enactment of this Act, title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 and following) is repealed, but shall continue to apply with respect to functions performed by the Director of the Office of Management and Budget under subsection (c). (e) Appropriations.--Funds available to the Corporation shall, upon the effective date of the repeal made by subsection (d), be transferred to the Director of the Office of Management and Budget for use in performing the functions of the Corporation under subsection (c). Upon the expiration of the contracts and agreements with respect to which the Director is exercising such functions, any unexpended balances of the funds transferred under this subsection shall be deposited in the Treasury as miscellaneous receipts. SEC. 3. SAVINGS PROVISIONS. (a) Prior Determinations Not Affected.--The repeal made by section 2(d) of the provisions of law set forth in such section shall not affect any order, determination, regulation, or contract that has been issued, made, or allowed to become effective under such provisions before the effective date of the repeal. All such orders, determinations, regulations, and contracts shall continue in effect until modified, superseded, terminated, set aside, or revoked in accordance with law by the President, the Director of the Office of Management and Budget, or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Pending Proceedings.-- (1) Effect on pending proceedings.-- (A) In general.--The repeal made by section 2(d) shall not affect any proceedings, including notices of proposed rulemaking, pending on the effective date of the repeal, before the Overseas Private Investment Corporation, except that no insurance, reinsurance, guarantee, or loan may be issued pursuant to any application pending on such effective date. Such proceedings, to the extent that they relate to functions performed by the Director of the Office of Management and Budget after such repeal, 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 proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Director of the Office of Management and Budget, by a court of competent jurisdiction, or by operation of law. (B) Construction.--Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any proceeding described in subparagraph (A) 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. (2) Regulations for transfer of proceedings.--The Director of the Office of Management and Budget is authorized to issue regulations providing for the orderly transfer of proceedings continued under paragraph (1). (c) Actions.--Except as provided in subsection (e)-- (1) the provisions of this Act shall not affect suits commenced before the effective date of the repeal made by section 2(d); and (2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. (d) Liabilities Incurred.--No suit, action, or other proceeding commenced by or against an individual in the official capacity of such individual as an officer of the Overseas Private Investment Corporation shall abate by reason of the enactment of this Act. No cause of action by or against the Overseas Private Investment Corporation, or by or against any officer thereof in the official capacity of such officer, shall abate by reason of the enactment of this Act. (e) Parties.--If, before the effective date of the repeal made by section 2(d), the Overseas Private Investment Corporation or an officer thereof in the official capacity of such officer, is a party to a suit, then such suit shall be continued with the Director of the Office of Management and Budget substituted or added as a party. (f) Review.--Orders and actions of the Director of the Office of Management and Budget in the exercise of functions of the Overseas Private Investment Corporation shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been issued or taken by the Overseas Private Investment Corporation. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function of the Overseas Private Investment Corporation shall apply to the exercise of such function by the Director of the Office of Management and Budget. SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. (a) Title 5, United States Code.--(1) Section 5314 of title 5, United States Code, is amended by striking ``President, Overseas Private Investment Corporation.''. (2) Section 5315 of title 5, United States Code, is amended by striking ``Executive Vice President, Overseas Private Investment Corporation.''. (3) Section 5316 of title 5, United States Code, is amended by striking ``Vice Presidents, Overseas Private Investment Corporation (3).''. (b) Other Amendments and Repeals.--(1) Section 222(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2182) is amended by inserting after ``section 238(c)'' the following: ``as in effect on the day before the effective date of the repeal of that section made by section 2(d) of the OPIC Abolition Act''. (2) Section 222A of the Foreign Assistance Act of 1961 (22 U.S.C. 2182a) is amended-- (A) by striking subsections (f) and (g); and (B) by redesignating subsections (h) and (i) as subsections (f) and (g), respectively. (3) Section 499B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2296b(b)) is amended-- (A) by striking paragraph (2); and (B) by redesignating paragraph (3) as paragraph (2). (4) Section 2301(b)(9) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(b)(9)) is amended by striking ``the Overseas Private Investment Corporation,''. (5) Section 2312(d)(1) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(d)(1)) is amended-- (A) by striking subparagraph (K); and (B) by redesignating subparagraphs (L) and (M) as subparagraphs (K) and (L), respectively. (6) Section 5402(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4902(b)) is amended-- (A) in paragraph (12), by adding ``and'' after the semicolon; (B) by striking paragraph (13); and (C) by redesignating paragraph (14) as paragraph (13). (7) Section 625(a) of the Higher Education Act of 1965 (20 U.S.C. 1131c(a)) is amended by striking ``the Overseas Private Investment Corporation,''. (8) Section 481(e)(4)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)(A)) is amended by striking ``(including programs under title IV of chapter 2, relating to the Overseas Private Investment Corporation)''. (9) Section 202(b)(2)(B) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6062(b)(2)(B)) is amended-- (A) by striking clause (iv); and (B) by redesignating clauses (v), (vi), and (vii) as clauses (iv), (v), and (vi), respectively. (10) Section 103(7)(A) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102(7)(A)) is amended-- (A) in clause (vii), by adding ``and'' after the semicolon; (B) by striking clause (viii); and (C) by redesignating clause (ix) as clause (viii). (11) Section 405(a)(10) of the International Religious Freedom Act of 1998 (22 U.S.C. 6445(a)(10)) is amended by striking ``, the Overseas Private Investment Corporation,''. (12) Section 732(b) of the Global Environmental Protection Assistance Act of 1989 (22 U.S.C. 7902(b)) is amended by striking ``the Overseas Private Investment Corporation,''. (13) Section 916(a)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17336(a)(2)) is amended-- (A) by striking subparagraph (I); and (B) by redesignating subparagraphs (J) through (M) as subparagraphs (I) through (L), respectively. (14) Section 6(d)(1) of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) is amended by striking ``and the Overseas Private Investment Corporation''. (15) The following provisions of law are repealed: (A) Section 5(b)(2) of the Overseas Private Investment Corporation Amendments Act of 1981 (22 U.S.C. 2194a). (B) Section 5 of the Taiwan Relations Act (22 U.S.C. 3304). (C) Section 2(c)(12) of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401(c)(12)). (D) Section 9101(3)(H) of title 31, United States Code. (E) Section 123 of the African Growth and Opportunity Act (19 U.S.C. 3733), and the item relating to that section in the table of contents of that Act. (F) Section 104 of the Africa: Seeds of Hope Act of 1998 (22 U.S.C. 2293), and the item relating to that section in the table of contents for that Act. (G) Section 914 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17334), and the item relating to that section in the table of contents for that Act. (c) Effective Date.--The amendments and repeals made by this section shall take effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act.

Kick OPIC Act of 2010 - Prohibits the Overseas Private Investment Corporation (OPIC) from issuing insurance, guaranties, or reinsurance, making loan, acquiring securities, or entering into risk sharing arrangements under the Foreign Assistance Act of 1961, effective 60 days after enactment of this Act. Abolishes OPIC 180 days after enactment. Requires the Director of the Office of Management and Budget (OMB) to perform the functions of OPIC with respect to any outstanding contracts and agreements until their expiration and to take necessary steps to wind up the affairs of OPIC. Sets forth provisions regarding the termination of OPIC authorities, the transfer of funds, and the effect on prior determinations and pending proceedings.

To terminate the authorities of the Overseas Private Investment Corporation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Transformation Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Commission on Government Transformation'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. (a) In General.--The Commission shall-- (1) review work done by governmental and nongovernmental entities, and conduct original research, on the organizational practices, operations, and reform efforts of Federal agencies; (2) analyze organizational practices and management challenges of Federal agencies and make recommendations as described in subsection (b)(2); (3) assess Federal programs for economy, efficiency, and effectiveness, and identify best practices of Federal agencies; (4) establish a process for prioritizing the activities described in paragraphs (1), (2), and (3), including establishing criteria and a schedule for carrying out the activities; (5) coordinate with appropriate Federal agencies and provide opportunities for individuals to make recommendations that support the work of the Commission; (6) upon request, provide information on Commission activities to the Government Accountability Office, the Congressional Budget Office, the Office of Management and Budget, other Federal agency heads, and the Office of the Inspector General of each Federal agency; and (7) serve as a repository for best practices to support Federal agencies in efforts to improve effectiveness. (b) Reports.-- (1) Interim activity reports.--The Commission shall submit to the President and Congress interim activity reports that describe the activities of the Commission not later than 6 months after the date on which all members of the Commission have been appointed, and every 6 months thereafter, except that an interim report is not required on the date on which an annual report is submitted as described in paragraph (2). (2) Annual reports.--Not later than 12 months after the date on which all members of the Commission have been appointed, and every 12 months thereafter, the Commission shall submit a report to the President and Congress. The report shall include-- (A) the findings and conclusions of the Commission; (B) suggestions for implementing the best practices of Federal agencies identified in subsection (a)(3) in other Federal agencies; (C) proposals for legislation, administrative action, or executive action that include recommendations for improvement or investment in Federal programs, or elimination, reduction, or consolidation of Federal programs; and (D) justification for the recommendations described in subparagraph (C). (3) Reports on historical data.--Not later than 48 months after the date on which all members of the Commission have been appointed, and every 24 months thereafter, the Commission shall submit a report to the President and Congress on historical data and trends in the information studied by the Commission, including any available evidence of cost savings. (4) Reports made public.--Each report submitted under this subsection shall be made available to the public not later than 90 days after the date on which the report is submitted. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 7 members to be appointed as follows: (1) The majority leader of the Senate shall appoint 1 member. (2) The minority leader of the Senate shall appoint 1 member. (3) The Speaker of the House of Representatives shall appoint 1 member. (4) The minority leader of the House of Representatives shall appoint 1 member. (5) The President shall appoint 3 members. (b) Restriction on Government Employees.--No individual may serve as a member of the Commission while employed as an officer or employee of the Federal Government or any State or local government. (c) Membership Criteria.--The members of the Commission shall include individuals with recognition for their expertise in agencies, efficiency, waste reduction, finance and economics, or actuarial sciences, and who provide a mix of different professional backgrounds and broad geographic representation. (d) Political Affiliation.--Not more than 3 of the 7 members appointed shall be registered as members of the same political party. (e) Deadline To Appoint Members.--All members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. (f) Terms.-- (1) In general.--Each member shall be appointed for a term of 3 years. (2) Reappointment.--Each member may be reappointed for 1 additional term of 3 years. (3) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made not later than 90 days after the date on which the member leaves the Commission. (g) Co-Chairs.-- (1) Selection.--Of the members selected by the President under subsection (a)(4), 2 members shall serve as Co-Chairs of the Commission. (2) Political affiliation of co-chairs.--The Co-Chairs of the Commission shall not be from the same political party. (h) Basic Pay.-- (1) Rates of pay of members.--Each member, other than the Co-Chairs, shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5315 of title 5, United States Code. (2) Rate of pay of co-chairs.--The Co-Chairs shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (i) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (j) Quorum.--Four members of the Commission shall constitute a quorum but a lesser number may hold hearings. (k) Meetings.--The Commission shall meet at the call of the Co- Chairs or a majority of its members. Members may attend meetings via teleconference. SEC. 5. COMMISSION PERSONNEL MATTERS. (a) Executive Director and Staff.-- (1) In general.--The Co-Chairs, in consultation with the President and Congress, shall appoint and terminate an Executive Director. The Executive Director shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5315 of title 5, United States Code. (2) Staff.--The Executive Director, with the approval of a majority of the members of the Commission, may appoint, set the pay of, and terminate additional personnel. (b) Application of Certain Civil Service Laws.--The Executive Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (c) Conflicts of Interest.--A member or employee of the Commission shall not have a conflict of interest that is relevant to any activity of the Commission. (d) Experts and Consultants.--With the consensus of the Co-Chairs, the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at a rate to be determined by the Co-Chairs. (e) Staff of Federal Agencies.--Upon request of the Co-Chairs, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency information necessary to enable it to carry out this section. Upon request of the Co-Chairs, the head of that department or agency shall furnish that information to the Commission on an agreed upon schedule. (d) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. SEC. 7. EXPEDITED CONGRESSIONAL CONSIDERATION OF COMMISSION BILL. (a) Definitions.--For the purposes of this section: (1) Commission bill.--The term ``Commission bill'' means a bill-- (A) the substance of which implements a recommendation of the Commission submitted under section 3(b)(2)(C); and (B) introduced by request on the date that is 90 days after the annual report of the Commission is submitted to Congress under section 3(b)(2), or if either House is not in session on such date, on the first day thereafter on which that House is in session. (2) Calendar day.--The term ``calendar day'' means a calendar day other than one on which either House is not in session because of an adjournment of more than 3 days to a date certain. (b) Referral.--A Commission bill described in subsection (a)(1) that is introduced in the House of Representatives shall be referred to the Committee on Oversight and Government Reform of the House of Representatives. A Commission bill that is introduced in the Senate shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate. (c) Discharge.--If the committee to which a Commission bill described in subsection (a)(1) is referred has not reported the Commission bill by the end of the 20-day period beginning on the date on which the report is introduced under subsection (a)(1)(B), such committee shall be, at the end of such period, discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved. (d) Expedited Consideration.-- (1) Consideration.--On or after the third day after the date on which the committee to which a Commission bill described in subsection (a)(1) is referred has reported, or has been discharged (under subsection (c)) from further consideration of, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the bill. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the bill was referred. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the bill is agreed to, the respective House shall immediately proceed to consideration of the bill without intervening motion, order, or other business, and the bill shall remain the unfinished business of the respective House until disposed of. (2) Debate.--Debate on the bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the bill. An amendment to the bill is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, a motion to proceed to the consideration of other business, or a motion to recommit the bill is not in order. A motion to reconsider the vote by which the bill is agreed to or disagreed to is not in order. (3) Vote on final passage.--Immediately following the conclusion of the debate on the bill and a single quorum call at the conclusion of the debate, if requested in accordance with the rules of the appropriate House, the vote on final passage of the bill shall occur. (4) Appeals.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to the bill shall be decided without debate. (e) Consideration by Other House.-- (1) Before passage.--If, before the passage by one House of a Commission bill of that House described in subsection (a)(1), that House receives from the other House a Commission bill, then the following procedures shall apply-- (A) the Commission bill of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of vote on final passage as provided in subparagraph (B); and (B) with respect to a Commission bill of the House receiving the bill, the procedure in that House shall be the same as if no bill had been received from the other House, but the vote on final passage shall be on the bill of the other House. (2) After passage.--Upon disposition of a Commission bill received from the other House, it shall no longer be in order to consider the bill that originated in the receiving House. (f) Rules of the Senate and House of Representatives.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and is deemed to be a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a Commission bill described in subsection (a)(1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules of procedure of that House at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 8. DEFINITIONS. In this Act: (1) Federal agency.--The term ``Federal agency'' has the meaning given the term ``Executive agency'' in section 105 of title 5, United States Code. (2) Federal program.--The term ``Federal program'' means any function or activity of a Federal agency. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Commission for fiscal years 2014 through 2019 such sums as may be necessary to carry out this Act.

Government Transformation Act - Establishes the Commission on Government Transformation. Directs the Commission to: (1) review work done by governmental and non-governmental entities and conduct research on the organizational practices, operations, and reform efforts of federal agencies; (2) analyze organizational practices and management challenges of federal agencies; (3) assess federal programs for economy, efficiency, and effectiveness and identify best practices; (4) upon request, provide information on Commission activities to the Government Accountability Office (GAO), the Congressional Budget Office (CBO), the Office of Management and Budget (OMB), other federal agency heads, and the Office of Inspector General of each federal agency; and (5) serve as a repository for best practices for federal agencies. Requires the Commission to make interim and annual reports on its activities to the President and Congress and make such reports available to the public. Provides for expedited congressional consideration of legislation to implement recommendations of the Commission.

Government Transformation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Standard Merger and Acquisition Reviews Through Equal Rules Act of 2014''. SEC. 2. AMENDMENTS TO THE CLAYTON ACT. The Clayton Act (15 U.S.C. 12 et seq.) is amended-- (1) in section 4F-- (A) in the heading by inserting ``or the federal trade commission'' after ``united states'', (B) in subsection (a)-- (i) by inserting ``(or the Federal Trade Commission with respect to a violation of section 7)'' after ``United States'', and (ii) by inserting ``(or it)'' after ``he'' each place it appears, and (C) in subsection (b) by inserting ``(or the Federal Trade Commission with respect to a violation of section 7)'' after ``United States'', (2) in section 5-- (A) in subsection (a) by inserting ``(including a proceeding brought by the Federal Trade Commission with respect to a violation of section 7)'' after ``United States'', (B) in subsection (b) by inserting ``(including the Federal Trade Commission with respect to a violation of section 7)'' after ``United States'' each place it appears, (C) in subsection (c) by inserting ``(including the Federal Trade Commission with respect to a violation of section 7)'' after ``United States'' each place it appears, (D) in subsection (d) by inserting ``(including the Federal Trade Commission with respect to a violation of section 7)'' after ``United States'' each place it appears, (E) in subsection (e)(1) by inserting ``(including the Federal Trade Commission with respect to a violation of section 7)'' after ``United States'', (F) in subsection (f)(4) by inserting ``(including the Federal Trade Commission with respect to a violation of section 7)'' after ``United States'', (G) in subsection (g)-- (i) by inserting ``(including the Federal Trade Commission with respect to a violation of section 7)'' after ``United States'', (ii) by inserting ``(or the Federal Trade Commission)'' after ``General'', and (iii) by inserting ``(or any officer or employee of the Federal Trade Commission)'' after ``Justice'', and (H) in subsection (i) by inserting ``(including the Federal Trade Commission with respect to a violation of section 7)'' after ``United States'', (3) in section 11(a) by inserting ``(excluding enforcing compliance with section 7)'' after ``commerce'', (4) in section 13 by inserting ``(including the Federal Trade Commission with respect to a violation of section 7)'' after ``United States'' the 1st place it appears, and (5) in section 15 by inserting ``and the duty of the Federal Trade Commission with respect to a violation of section 7,'' after ``General,''. SEC. 3. AMENDMENTS TO THE FEDERAL TRADE COMMISSION ACT. The Federal Trade Commission Act (15 U.S.C. 41) is amended-- (1) in section 5(b)-- (A) by inserting ``(excluding the consummation of a proposed merger, acquisition, joint venture, or similar transaction subject to section 7 of the Clayton Act)'' after ``unfair method of competition'', and (B) by inserting ``(excluding the consummation of a proposed merger, acquisition, joint venture, or similar transaction subject to section 7 of the Clayton Act)'' after ``method of competition'' the 2d and 3d places it appears, (2) in section 9 by inserting after the 4th undesignated paragraph the following: ``Upon the application of the commission with respect to any activity related to the consummation of a proposed merger, acquisition, joint venture, or similar transaction subject to section 7 of the Clayton Act that may result in any unfair method of competition, the district courts of the United States shall have jurisdiction to issue writs of mandamus commanding any person or corporation to comply with the provisions of this Act or any order of the commission made in pursuance thereof.'', and (3) in section 13(b)(1) by inserting ``(excluding section 7 of the Clayton Act and section 5(a)(1) with respect to the consummation of a proposed merger, acquisition, joint venture, or similar transaction subject to section 7 of the Clayton Act)'' after ``Commission''. SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall not apply to any of the following that occurs before the date of enactment of this Act: (1) A violation of section 7 of the Clayton Act (15 U.S.C. 18). (2) A transaction with respect to which there is compliance with section 7A of the Clayton Act (15 U.S.C. 18a). (3) A merger, acquisition, joint venture, or similar transaction that is consummated.

. Standard Merger and Acquisition Reviews Through Equal Rules Act of 2014 - Amends the Clayton Act with respect to actions brought by the Attorney General for violations of antitrust laws. Requires the Federal Trade Commission (FTC), but only under the Clayton Act, to exercise the same authority and procedures of the Attorney General specified in the Act with respect to the prohibition against acquisition by one corporation of the stock of another (merger) that may substantially lessen competition or tend to create a monopoly. Amends the Federal Trade Commission Act (FTCA) to exclude proposed mergers, acquisitions, joint ventures, or similar transactions from FTC proceedings. Grants jurisdiction to the U.S. district courts to issue writs of mandamus commanding compliance with the FTCA or any FTC order, if the FTC applies to such courts with respect to any activity related to consummation of a merger, acquisition, joint venture, or similar transaction that results in an unfair method of competition.

Standard Merger and Acquisition Reviews Through Equal Rules Act of 2014

PROVISIONS RELATED TO FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM. (a) In General.--Section 40122(a)(2) of title 49, United States Code, is amended to read as follows: ``(2) Dispute resolution.-- ``(A) Mediation.--If the Administrator does not reach an agreement under paragraph (1) or subsection (g)(2)(C) with the exclusive bargaining representatives, the services of the Federal Mediation and Conciliation Service shall be used to attempt to reach such agreement in accordance with part 1425 of title 29, Code of Federal Regulations. The Administrator and bargaining representatives may by mutual agreement adopt procedures for the resolution of disputes or impasses arising in the negotiation of a collective-bargaining agreement. ``(B) Binding arbitration.-- ``(i) In general.--If the services of the Federal Mediation and Conciliation Service under subparagraph (A) do not lead to an agreement, the Administrator and the bargaining representatives shall submit their issues in controversy to the Federal Service Impasses Panel in accordance with section 7119 of title 5. ``(ii) Assistance by federal service impasses panel.--The Federal Service Impasses Panel shall assist the parties in resolving the impasse by asserting jurisdiction and ordering binding arbitration by a private arbitration board consisting of 3 members in accordance with section 2471.6(a)(2)(ii) of title 5, Code of Federal Regulations. ``(iii) Selection of arbitrators.--The executive director of the Federal Service Impasses Panel shall request a list of not less than 15 names of arbitrators with Federal sector experience from the director of the Federal Mediation and Conciliation Service to be provided to the Administrator and the bargaining representatives. Not later than 10 days after the executive director receives the list, each party shall each select an arbitrator. The 2 selected arbitrators shall then select a third arbitrator from the list within 7 days. If the 2 arbitrators are unable to agree on selection of the third arbitrator, the parties shall select the third arbitrator by alternately striking names from the list until only 1 name remains. ``(iv) Framing the issues.--If the parties do not agree on how to frame the issues to be submitted for arbitration, the arbitration board shall frame the issues. ``(v) Full and fair hearing.--The arbitration board shall give the parties a full and fair hearing, including an opportunity to present evidence in support of their claims, and an opportunity to present their case in person, by counsel, or by other representative as they may elect. ``(vi) Conclusive and binding decisions.--A decision of the arbitration board shall be conclusive and binding upon the parties of the arbitration. ``(vii) Timing of decision.--Not later than 90 days after the date of the appointment of the arbitration board, the arbitration board shall render a decision. ``(viii) Cost sharing.--The Administrator and the bargaining representative shall share the costs of the arbitration equally. ``(ix) Considerations.--The arbitration board shall consider the effect of its arbitration decisions on-- ``(I) the ability of the Administrator to attract and retain a qualified workforce; and ``(II) the budget of the Federal Aviation Administration. ``(C) Effect.--Upon reaching a voluntary agreement or at the conclusion of the binding arbitration under subparagraph (B), the final agreement, except for those matters decided by the arbitration board, shall be subject to ratification by the exclusive representative, if so requested by the exclusive representative, and approval by the head of the agency in accordance with subsection (g)(2)(C). ``(D) Enforcement.--Enforcement of the provisions of this paragraph, and any agreement hereunder, shall be in the United States District Court for the District of Columbia.''. (b) Effective Date.--Paragraph (2) of section 40122(a) of title 49, United States Code, as amended by subsection (a), shall apply to disputes described in section 40122 of such title arising on or after July 10, 2005.

Provides that, with respect to disputes arising after July 10, 2005, between the Administrator of the Federal Aviation Administration (FAA) and its employees in attempting to reach an agreement concerning the implementation of proposed changes to the FAA personnel management system: (1) the services of the Federal Mediation and Conciliation Service (FMCS) shall be used; (2) the Administrator and employees may by mutual agreement adopt procedures for the resolution of disputes or impasses arising in the negotiation of a collective-bargaining agreement; and (3) if the services of the FMCS have led to an impasse between the FAA and its employees in reaching an agreement with respect to implementing the proposed changes, the FAA Administrator and employees shall submit their controversy to the Federal Service Impasses Panel for binding arbitration. (Under current law, the services of the FMCS shall be used and, if the services of the FMCS do not lead to an agreement, the Administrator's proposed change to the personnel management system shall not take effect until 60 days have elapsed after the Administrator has transmitted the proposed changes, along with the objections of the employees to the changes, and the reasons for such objections, to Congress.)

A bill to amend title 49, United States Code, to improve dispute resolution provisions related to the Federal Aviation Administration personnel management system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Stability for Foster Youth Act''. SEC. 2. EDUCATIONAL STABILITY FOR FOSTER CHILDREN. (a) State Plans.--Section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) is amended by adding at the end the following: ``(11) Ensuring collaboration for children in foster care.--Each State plan shall describe the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 670 et seq.) to ensure the educational stability of children in foster care, including assurances that-- ``(A) any such child is enrolled or remains in such child's school of origin unless a determination is made that it is not in such child's best interest to attend the school of origin, which decision shall be based on all factors relating to the best interest of the child, including consideration of the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement; ``(B) when a determination is made that it is not in the best interest of such child to remain in the school of origin, such child is immediately enrolled in a new school, even if such child is unable to produce records normally required for enrollment; ``(C) the enrolling school shall immediately contact the school last attended by any such child to obtain relevant academic and other records; and ``(D) the State educational agency will designate an employee to serve as a point of contact for child welfare agencies and to oversee implementation of the State agency responsibilities required under this subparagraph, and such point of contact shall not be the State's Coordinator for Education of Homeless Children and Youths under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(d)(3)).''. (b) Local Plans.--Section 1112(c)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(1)) is amended-- (1) in subparagraph (N), by striking ``and'' after the semicolon; (2) in subparagraph (O), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(P)(i) collaborate with the State or local child welfare agency and, by not later than 1 year after the date of enactment of the Education Stability for Foster Youth Act, develop and implement clear written procedures governing how transportation to maintain children in foster care in their school of origin when in their best interest will be provided, arranged, and funded for the duration of the time in foster care, which procedures shall-- ``(I) acknowledge that children in foster care needing transportation to the school of origin will promptly receive transportation in a cost-effective manner and in accordance with section 475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)); and ``(II) ensure that, if there are additional costs incurred in providing transportation to maintain children in foster care in their schools of origin, the local educational agency will provide transportation to the school of origin if-- ``(aa) the local child welfare agency agrees to reimburse the local educational agency for the cost of such transportation; ``(bb) the local educational agency agrees to pay for the cost of such transportation; or ``(cc) the local educational agency and the local child welfare agency agree to share the cost of such transportation; and ``(ii) designate a point of contact if the corresponding child welfare agency notifies the local educational agency, in writing, that the agency has designated an employee to serve as a point of contact for the local educational agency.''. SEC. 3. REPORT ON IMPLEMENTATION OF EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE. Not later than 2 years after the date of enactment of this Act, the Secretary of Education and the Secretary of Health and Human Services shall submit to the appropriate committees of Congress a report on the implementation of sections 1111(b)(11) and 1112(c)(1)(P) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(11) and 6312(c)(1)(P)), including the progress made and the remaining barriers. SEC. 4. DEFINITION OF HOMELESS CHILD OR YOUTH. (a) In General.--Section 725(2)(B)(i) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)(B)(i)) is amended-- (1) by inserting ``or'' before ``are abandoned''; and (2) by striking ``or are awaiting foster care placement;''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act. (c) Application.-- (1) In general.--Notwithstanding subsection (b), for a covered State, the amendment made by subsection (a) shall apply on the date that is 2 years after such date of enactment. (2) Definition.--In this subsection, the term ``covered State'' means a State that has a statutory law that defines or describes the phrase ``awaiting foster care placement'', for purposes of a program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.).

Education Stability for Foster Youth Act This bill amends the Elementary and Secondary Education Act of 1965 to require a state plan for academic content and achievement standards to describe how the state will ensure the educational stability of children in foster care. Specifically, a state plan must include assurances that: (1) a foster child will remain or be enrolled in the child’s school of origin absent a determination that such enrollment is not in the child’s best interest; (2) if such a determination is made, the child will be immediately enrolled in a new school, which must immediately contact the child’s previous school to obtain relevant records; and (3) the state will designate a point of contact for child welfare agencies, who shall also oversee implementation of the state’s responsibilities under the bill. Relatedly, a local educational agency (LEA) plan must provide assurances that the LEA will develop and implement procedures governing the provision and funding of transportation services necessary to maintain a foster child’s enrollment in the child’s school of origin. This bill amends the McKinney-Vento Homeless Assistance Act to alter the definition of “homeless children and youths” to no longer include children who are awaiting foster care placement.

Education Stability for Foster Youth Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors Mental Health Access Improvement Act of 2002''. SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE PROGRAM. (a) Coverage of Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (U), by striking ``and'' after the semicolon at the end; (B) in subparagraph (V)(iii), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(W) marriage and family therapist services (as defined in subsection (ww)(1)) and mental health counselor services (as defined in subsection (ww)(3));''. (2) Definitions.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor ``(ww)(1) The term `marriage and family therapist services' means services performed by a marriage and family therapist (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses, which the marriage and family therapist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as an incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. ``(3) The term `mental health counselor services' means services performed by a mental health counselor (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(4) The term `mental health counselor' means an individual who-- ``(A) possesses a master's or doctor's degree in mental health counseling or a related field; ``(B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State.''. (3) Provision for payment under part b.--Section 1832(a)(2)(B) of such Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services and mental health counselor services;''. (4) Amount of payment.--Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (U)'' and inserting ``(U)''; and (B) by inserting before the semicolon at the end the following: ``, and (V) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(W), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under clause (L)''. (5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)) is amended-- (A) in paragraph (2)(A)(i)(II), by striking ``clauses (ii) and (iii)'' and inserting ``clauses (ii) through (iv)''; and (B) by adding at the end of paragraph (2)(A) the following new clause: ``(iv) Exclusion of certain mental health services.--Services described in this clause are marriage and family therapist services (as defined in section 1861(ww)(1)) and mental health counselor services (as defined in section 1861(ww)(3)).''. (6) Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims.-- Section 1842(b)(18)(C) of such Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clauses: ``(vii) A marriage and family therapist (as defined in section 1861(ww)(2)). ``(viii) A mental health counselor (as defined in section 1861(ww)(4)).''. (b) Coverage of Certain Mental Health Services Provided in Certain Settings.-- (1) Rural health clinics and federally qualified health centers.--Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by inserting ``, by a marriage and family therapist (as defined in subsection (ww)(2)), by a mental health counselor (as defined in subsection (ww)(4)),'' after ``by a clinical psychologist (as defined by the Secretary)''. (2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of such Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting ``or a marriage and family therapist (as defined in subsection (ww)(2))'' after ``social worker''. (c) Authorization of Marriage and Family Therapists To Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``marriage and family therapist (as defined in subsection (ww)(2)),'' after ``social worker,''. (d) Effective Date.--The amendments made by this section shall apply with respect to services furnished on or after January 1, 2003.

Seniors Mental Health Access Improvement Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of marriage and family therapist services and mental health counselor services under Medicare part B (Supplementary Medical Insurance). Includes coverage of: (1) certain mental health services provided in rural health clinics and federally qualified health centers; and (2) certain marriage and family therapist services provided in hospices.

To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthen AmeriCorps Program Act''. SEC. 2. PROCESS OF APPROVAL OF NATIONAL SERVICE POSITIONS. (a) Definitions.--In this Act, the terms ``approved national service position'' and ``Corporation'' have the meanings given the terms in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511). (b) Timing and Recording Requirements.-- (1) In general.--Notwithstanding subtitles C and D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq., 12601 et seq.), and any other provision of law, in approving a position as an approved national service position, the Corporation-- (A) shall approve the position at the time the Corporation-- (i) enters into an enforceable agreement with an individual participant to serve in a program carried out under subtitle E of title I of that Act (42 U.S.C. 12611 et seq.) or title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.); or (ii) except as provided in clause (i), awards a grant to (or enters into a contract or cooperative agreement with) an entity to carry out a program for which such a position may be approved under section 123 of the National and Community Service Act of 1990 (42 U.S.C. 12573); and (B) shall record as an obligation an estimate of the net present value of the national service educational award associated with the position, based on a formula that takes into consideration historical rates of enrollment in such a program, and of earning and using national service educational awards for such a program. (2) Formula.--In determining the formula described in paragraph (1)(B), the Corporation shall consult with the Director of the Congressional Budget Office. (3) Certification report.--The Chief Executive Officer of the Corporation shall annually prepare and submit to Congress a report that contains a certification that the Corporation is in compliance with the requirements of paragraph (1). (4) Approval.--The requirements of this subsection shall apply to each approved national service position that the Corporation approves-- (A) during fiscal year 2003 (before or after the date of enactment of this Act); and (B) during any subsequent fiscal year. (c) Reserve Account.-- (1) Establishment and contents.-- (A) Establishment.--Notwithstanding subtitles C and D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq., 12601 et seq.), and any other provision of law, within the National Service Trust established under section 145 of the National and Community Service Act of 1990 (42 U.S.C. 12601), the Corporation shall establish a reserve account. (B) Contents.--To ensure the availability of adequate funds to support the awards of approved national service positions for each fiscal year, the Corporation shall place in the account-- (i) during fiscal year 2003, a portion of the funds that were appropriated for fiscal year 2003 or a previous fiscal year under section 501(a)(2) (42 U.S.C. 12681(a)(2)), were made available to carry out subtitle C or D of title I of that Act, and remain available; and (ii) during fiscal year 2004 or a subsequent fiscal year, a portion of the funds that were appropriated for that fiscal year under section 501(a)(2) and were made available to carry out subtitle C or D of title I of that Act. (2) Obligation.--The Corporation shall not obligate the funds in the reserve account until the Corporation-- (A) determines that the funds will not be needed for the payment of national service educational awards associated with previously approved national service positions; or (B) obligates the funds for the payment of such awards for such previously approved national service positions. (d) Audits.--The accounts of the Corporation relating to the appropriated funds for approved national service positions, and the records demonstrating the manner in which the Corporation has recorded estimates described in subsection (b)(1)(B) as obligations, shall be audited annually by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States in accordance with generally accepted auditing standards. A report containing the results of each such independent audit shall be included in the annual report required by subsection (b)(3). (e) Availability of Amounts.--Except as provided in subsection (c), all amounts included in the National Service Trust under paragraphs (1), (2), and (3) of section 145(a) of the National and Community Service Act of 1990 (42 U.S.C. 12601(a)) shall be available for payments of national service educational awards under section 148 of that Act (42 U.S.C. 12604). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Strengthen AmeriCorps Program Act - Revises the manner in which the Corporation for National and Community Service (Corporation) approves, and records obligations relating to, national service positions (positions) under the National and Community Service Act of 1990 (NCSA) and the Domestic Volunteer Service Act of 1973 (DVSA). Directs the Corporation to approve a position at the time it: (1) enters into an enforceable agreement with an individual participant to serve in the Civilian Community Corps (under NCSA) or Volunteers in Service to America (VISTA) program (under DVSA); or (2) awards a grant to or enters into a contract or cooperative agreement with an entity to carry out a program for which such a national service position may be approved under NCSA. Requires the Corporation to record as an obligation an estimate of the net present value of the national service educational award associated with the position, based on a formula, determined in consultation with the Director of the Congressional Budget Office, that takes into consideration historical rates of enrollment in, and of earning and using such awards for, such a program. Directs the Chief Executive Officer of the Corporation to report annually and certify to Congress that the Corporation is in compliance with this Act's requirements for position approval and obligation recording.Applies such requirements to each position that the Corporation approves: (1) during FY 2003 (before or after the date of enactment of this Act); and (2) during any subsequent fiscal year.Directs the Corporation to establish a reserve account within the National Service Trust and, to ensure the availability of adequate funds to support the awards of approved positions for each fiscal year, place into such account: (1) during FY 2003, a portion of the funds that were appropriated for FY 2003, or that remain available from a previous fiscal year, to carry out specified national service programs; and (2) during FY 2004 or a subsequent fiscal year, a portion of the funds that were appropriated for that fiscal year and made available to carry out such programs. Prohibits the Corporation from obligating reserve account funds until it: (1) determines that such funds will not be needed to pay awards associated with previously approved national service positions; or (2) obligates the funds to pay such awards for such previously approved positions.Requires annual independent audits of Corporation accounts relating to the appropriated funds for approved positions and the records demonstrating the manner in which the Corporation has recorded estimates as obligations.Requires, with a specified exception, all amounts included in the National Service Trust to be available for payments of national service educational awards under NCSA.

A bill to improve the manner in which the Corporation for National and Community Service approves, and records obligations relating to, national service positions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Managed Care Integrity Act of 2000''. SEC. 2. LIMITATION OF ADMINISTRATIVE EXPENSES AND PROFITS OF MANAGED CARE ENTITIES. (a) Application To Managed Care Entities.-- (1) In general.--Notwithstanding any other provision of law, each health benefits plan offered by a managed care entity shall ensure that, with respect to a contract year, the actuarial value of the aggregate benefits provided under the plan during such year to enrollees is not less than 85 percent of the aggregate amount of payments received from, or on behalf of, such enrollees for such year. (2) Waiver of requirements.-- (A) In general.--The Secretary of Health and Human Services may waive the requirement of paragraph (1) for a 12-month period with respect to a waive the requirement of paragraph (1) for a 12-month period with respect to a managed care entity if the Secretary determines, based on the recommendations of the agency responsible for licensing such entity (or the health care plans of such entity) in a State, that-- (i) the solvency of the entity is in jeopardy; or (ii) compliance with the requirement would cause the entity to fail to meet the solvency requirements required for licensure in the State. (B) Renewals.--The Secretary of Health and Human Services may renew a waiver under subparagraph (A), except that the no waiver may granted for a period in excess of 24 months in any 36-month period. (3) Administrative costs.-- (A) Limitation.--For purposes of this subsection, the costs associated with the management and operation of a managed care plan (including the costs of compensation and personnel fringe benefits, interest expenses, costs of occupancy of a facility, and marketing costs) shall not be included in determining the actuarial value of the aggregate benefits provided under the plan. (B) Regulations.--The Secretary of Health and Human Services shall promulgate regulations to define ``costs associated with the management and operation of a manages care plan'' for purposes of subparagraph (A). (4) Definition.--For purposes of this subsection, the term ``managed care entity'' shall include-- (A) managed care entities providing health care coverage for individuals under a group health plan or individual health insurance coverage; (B) medicaid managed care organizations as defined in section 1903(m)(1)(A); (C) managed care entities that provide health care coverage for individuals under the Federal Employees Health Benefits Program under chapter 89 of title 5, United States Code; and (D) managed care entities that provide health care coverage for members of the armed forces and their families under chapter 55 of title 10, United States Code. (5) Effective date.--Paragraph (1) shall apply to contract years beginning on or after January 1, 2001. (6) Enforcement.--The Secretary of Health and Human Services shall develop formal investigation and compliance procedures with respect to complaints received by the Secretary concerning the failure of a health benefits plan to comply with the provisions of this subsection. Under such procedures-- (A) the Secretary shall provide the plan with the reasonable opportunity to develop and implement a corrective action plan to correct the deficiencies that were the basis of the complaint received by the Secretary; and (B) the Secretary shall provide the plan with reasonable notice and opportunity for hearing (including the right to appeal an initial decision) prior to applying the sanctions described in subsection (c). (b) Medicare+Choice Organizations.-- (1) In general.--Section 1852 of the Social Security Act (42 U.S.C. 1395w-25) is amended by adding at the end the following new subsection: ``(l) Requirement Relating to the Provision of Benefits.-- ``(1) In general.--Each Medicare+Choice plan offered by a Medicare+Choice organization shall ensure that, with respect to a contract year, the actuarial value of the aggregate benefits provided under the plan during such year to Medicare+Choice eligible individuals enrolled in the plan is not less than 85 percent of the aggregate amount of payments received from, or on behalf of, such individuals for such year. ``(2) Waiver of requirement.-- ``(A) In general.--The Secretary may waive the requirement under paragraph (1) for a 12-month period with respect to a Medicare+Choice plan offered by a Medicare+Choice organization, if the Secretary determines, based, except for an organization with a waiver under section 1855(a)(2), on the recommendations of the agency responsible for licensing such plan in a State, that-- ``(i) the solvency of the Medicare+Choice organization is in jeopardy; or ``(ii) compliance with the requirement would cause the Medicare+Choice organization to fail to meet the solvency requirements required for licensure in the State or under this part. ``(B) Renewals.--The Secretary may renew a waiver under subparagraph (A), except that no waiver may be granted for a period in excess of 24 months in any 36- month period. ``(3) Administrative costs.-- ``(A) Limitation.--For purposes of this subsection, the costs associated with the management and operation of a Medicare+Choice plan (including the costs of compensation and personnel fringe benefits, interest expenses, costs of occupancy of a facility, and marketing costs) shall not be included in determining the actuarial value of the aggregate benefits provided under the plan. ``(B) Regulations.--The Secretary of Health and Human Services shall promulgate regulations to define `costs associated with the management and operation of a manages care plan' for purposes of subparagraph (A). ``(4) Enforcement.--The Secretary of Health and Human Services may terminate a contract with a Medicare+Choice organization under section 1857 in accordance with formal investigation and compliance procedures established by the Secretary under which-- ``(A) the Secretary provides the organization with the reasonable opportunity to develop and implement a corrective action plan to correct the deficiencies that were the basis of the Secretary's determination under this paragraph; and ``(B) the Secretary provides the organization with reasonable notice and opportunity for hearing (including the right to appeal an initial decision) before terminating the contract.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to contract years beginning on or after January 1, 2001. (c) Sanctions.-- (1) In general.--If the Secretary of Health and Human Services determines that a health benefits plan or a Medicare+Choice organization fails substantially to comply with the provision of this Act or section 1852(l) of the Social Security Act the Secretary may provide, in addition to any other remedies authorized by law, for any of the remedies described in paragraph (2). (2) Remedies.--The remedies described in this paragraph are-- (A) civil money penalties of not more than $25,000 for each determination under paragraph (1) or, with respect to such a determination involving misrepresentation or falsifying information, of not more than $100,000 for each such determination; and (B) with respect to Medicare+Choice organizations-- (i) suspension of enrollment of individuals under part C of title XVIII of the Social Security Act after the date the Secretary notifies the organization of a determination under paragraph (1) and until the Secretary is satisfied that the basis for such determination has been corrected and is not likely to recur; or (ii) suspension of payment to the organization under such part for individuals enrolled after the date the Secretary notifies the organization of a determination under paragraph (1) and until the Secretary is satisfied that the basis for such determination has been corrected and is not likely to recur.

Requires the Secretary of Health and Human Services to develop formal investigation and compliance procedures with respect to complaints concerning failures of health benefits plans to comply with this Act. Amends title XVIII (Medicare) of the Social Security Act to apply the requirements of the Managed Care Integrity Act of 2000 to Medicare+Choice organizations. Sets forth remedies with respect to failures to comply with this Act, including monetary penalties, and, with respect to Medicare+Choice organizations, suspension of enrollment of individuals or payments.

Managed Care Integrity Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securities Litigation Attorney Accountability and Transparency Act''. SEC. 2. DISCLOSURES OF PAYMENTS, FEE ARRANGEMENTS, CONTRIBUTIONS, AND OTHER POTENTIAL CONFLICTS OF INTEREST BETWEEN PLAINTIFF AND ATTORNEYS. (a) Securities Exchange Act of 1934.--Section 21D(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)) is amended by adding at the end the following new paragraphs: ``(10) Disclosures regarding payments.-- ``(A) Sworn certifications required.--In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identify any direct or indirect payment, or promise of any payment, by such attorney, or any person affiliated with such attorney, to such plaintiff, or any person affiliated with such plaintiff, beyond the plaintiff's pro rata share of any recovery, except as ordered or approved by the court in accordance with paragraph (4). Upon disclosure of any such payment or promise of payment, the court shall disqualify the attorney from representing the plaintiff. ``(B) Definition.--For purposes of this paragraph, the term `payment' shall include the transfer of money and any other thing of value, including the provision of services, other than representation of the plaintiff in the private action arising under this title. ``(11) Disclosures regarding legal representations.--In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identifies the nature and terms of any legal representation provided by such attorney, or any person affiliated with such attorney, to such plaintiff, or any person affiliated with such plaintiff other than the representation of the plaintiff in the private action arising under this title. The court may allow such certifications to be made under seal. The court shall make a determination whether the nature or terms of the fee arrangement for any other matter influenced the selection and retention of counsel in any private action arising under this title and, if the court so finds, shall disqualify the attorney from representing the plaintiff in any such action. ``(12) Disclosures regarding contributions.--In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identifies any contribution made within five years prior to the filing of the complaint by such attorney, any person affiliated with such attorney, or any political action committee controlled by such attorney, to any elected official with authority to retain counsel for such plaintiff or to select or appoint, influence the selection or appointment of, or oversee any individual or group of individuals with that authority. ``(13) Disclosure regarding other conflicts of interest.-- In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identifies any other conflict of interest (other than one specified in paragraphs (10) through (12)) between such attorney and such plaintiff. The court shall make a determination of whether such conflict is sufficient to disqualify the attorney from representing the plaintiff.''. (b) Securities Act of 1933.--Section 27(a) of the Securities Act of 1933 (15 U.S.C. 77z-1(a)) is amended by adding at the end the following new paragraph: ``(9) Disclosures regarding payments.-- ``(A) Sworn certifications required.--In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identify any direct or indirect payment, or promise of any payment, by such attorney, or any person affiliated with such attorney, to such plaintiff, or any person affiliated with such plaintiff, beyond the plaintiff's pro rata share of any recovery, except as ordered or approved by the court in accordance with paragraph (4). Upon disclosure of any such payment or promise of payment, the court shall disqualify the attorney from representing the plaintiff. ``(B) Definition.--For purposes of this paragraph, the term `payment' shall include the transfer of money and any other thing of value, including the provision of services, other than representation of the plaintiff in the private action arising under this title. ``(10) Disclosures regarding legal representations.--In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identifies the nature and terms of any legal representation provided by such attorney, or any person affiliated with such attorney, to such plaintiff, or any person affiliated with such plaintiff other than the representation of the plaintiff in the private action arising under this title. The court may allow such certifications to be made under seal. The court shall make a determination whether the nature or terms of the fee arrangement for any other matter influenced the selection and retention of counsel in any private action arising under this title and, if the court so finds, shall disqualify the attorney from representing the plaintiff in any such action. ``(11) Disclosures regarding contributions.--In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identifies any contribution made within five years prior to the filing of the complaint by such attorney, any person affiliated with such attorney, or any political action committee controlled by such attorney, to any elected official with authority to retain counsel for such plaintiff or to select or appoint, influence the selection or appointment of, or oversee any individual or group of individuals with that authority. ``(12) Disclosure regarding other conflicts of interest.-- In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identifies any other conflict of interest (other than one specified in paragraphs (9) through (11)) between such attorney and such plaintiff. The court shall make a determination of whether such conflict is sufficient to disqualify the attorney from representing the plaintiff.''. SEC. 3. SELECTION OF LEAD COUNSEL. (a) Securities Exchange Act of 1934.--Section 21D(a)(3)(B)(v) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)(3)(B)(v)) is amended by adding at the end the following: ``In exercising the discretion of the court over the approval of lead counsel, the court shall employ a competitive bidding process as one of the criteria in the selection and retention of counsel for the most adequate plaintiff, unless the court determines on the record that such a process is not feasible.''. (b) Securities Act of 1933.--Section 27(a)(3)(B)(v) of the Securities Act of 1933 (15 U.S.C. 77z-1(a)(3)(B)(v)) is amended by adding at the end the following: ``In exercising the discretion of the court over the approval of lead counsel, the court shall employ a competitive bidding process as one of the criteria in the selection and retention of counsel for the most adequate plaintiff, unless the court determines on the record that such a process is not feasible.''. SEC. 4. STUDY OF AVERAGE HOURLY FEES IN SECURITIES CLASS ACTIONS. (a) Study and Review Required.--The Comptroller General of the United States shall conduct a study and review of fee awards to lead counsel in securities class actions over the 5-year period preceding the date of enactment of this Act to determine the effective average hourly rate for lead counsel in such actions. (b) Report Required.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the results of the study and review required by this section. The Comptroller General shall submit an updated study every 3 years thereafter. (c) Definition.--For purposes of this section, the term ``securities class action'' means a private class action arising under the Securities Act of 1933 (15 U.S.C. 77 et seq.) or the Securities Exchange Act of 1934 (15 U.S.C. 78 et seq.) that is brought as a plaintiff class action pursuant to the Federal Rules of Civil Procedure.

Securities Litigation Attorney Accountability and Transparency Act - Amends the Securities Exchange Act of 1934 and the Securities Act of 1933 to require plaintiff and plaintiff's attorney to provide sworn, signed certifications that identify any actual or promised payment by the attorney to the plaintiff, beyond the plaintiff's pro rata share of any recovery. Requires similar plaintiff and plaintiff's attorney certifications regarding: (1) legal representations; (2) contributions; and (3) conflicts of interest. Requires the court, in exercising discretion over the approval of lead counsel, to employ a competitive bidding process as one of the criteria (unless the court determines that such a process is not feasible). Instructs the Comptroller General to study and report to certain congressional committees on average hourly fees in securities class actions.

A bill to protect investors by fostering transparency and accountability of attorneys in private securities litigation.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Supporting Colorectal Examination and Education Now Act of 2015'' or the ``SCREEN Act of 2015''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Maintaining calendar year 2015 Medicare reimbursement rates for colonoscopy procedures for providers participating in colorectal cancer screening quality improvement registry. Sec. 4. Eliminating Medicare beneficiary cost-sharing for certain colorectal cancer screenings, colorectal cancer screenings with therapeutic effect, and follow-up diagnostic colorectal cancer screenings covered under Medicare. Sec. 5. Medicare demonstration project to evaluate the effectiveness of a pre-operative visit prior to screening colonoscopy and hepatitis C screening. Sec. 6. Budget neutrality. SEC. 2. FINDINGS. Congress finds the following: (1) Colorectal cancer is the second leading cause of cancer death among men and women combined in the United States. (2) In 2015, more than 130,000 Americans will be diagnosed with colorectal cancer, and nearly 50,000 Americans are expected to die from it. (3) Approximately 60 percent of colorectal cancer cases and 70 percent of colorectal cancer deaths occur in those aged 65 and older. (4) Colorectal cancer screening colonoscopies allow for the detection and removal of polyps before they progress to colorectal cancer, as well as early detection of colorectal cancer when treatment can be most effective. (5) According to a 2012 study published in the New England Journal of Medicine, removing precancerous polyps through colonoscopy could reduce the number of colorectal cancer deaths by 53 percent. (6) Although colorectal cancer is highly preventable with appropriate screening, one in three adults between the ages of 50 and 75 years are not up to date with recommended colorectal cancer screening. (7) Over 200 organizations have committed to eliminating colorectal cancer as a major health problem in the United States and are working toward a shared goal of screening 80 percent of eligible Americans by 2018. (8) Hepatitis C is a liver disease that causes inflammation of the liver and results from infection with the Hepatitis C virus. Chronic Hepatitis C infection can lead to serious health problems, including liver damage, cirrhosis, and liver cancer. It is the leading cause of liver transplants in the United States. (9) According to the Centers for Disease Control and Prevention (CDC), more than 75 percent of adults infected with the Hepatitis C virus in the United States were born between 1945 and 1965. (10) The CDC estimates that up to 75 percent of individuals with Hepatitis C do not know that they are infected. (11) The CDC and the United States Preventive Services Task Force (USPSTF) recommend a one-time screening for Hepatitis C for all individuals born between 1945 and 1965. (12) A recent study suggests that offering Hepatitis C screening to patients in connection with screening colonoscopies may be an effective means of increasing Hepatitis C screening rates among individuals born between 1945 and 1965. SEC. 3. MAINTAINING CALENDAR YEAR 2015 MEDICARE REIMBURSEMENT RATES FOR COLONOSCOPY PROCEDURES FOR PROVIDERS PARTICIPATING IN COLORECTAL CANCER SCREENING QUALITY IMPROVEMENT REGISTRY. Section 1834(d)(3) of the Social Security Act (42 U.S.C. 1395m(d)(3)) is amended by adding at the end the following new subparagraph: ``(F) Maintaining calendar year 2015 reimbursement rates for qualifying cancer screening tests furnished by qualifying providers.-- ``(i) In general.--With respect to a qualifying cancer screening test furnished during each of 2016, 2017, and 2018, by a qualifying provider, the amount of payment to such provider for such test under section 1833 or section 1848 shall be equal to the amount of payment for such test under such section 1833 or 1848 during 2015. ``(ii) Qualifying cancer screening test.-- For purposes of this subparagraph, the term `qualifying cancer screening test' means an optical screening colonoscopy (as described in section 1861(pp)(1)(C)). ``(iii) Qualifying provider defined.--For purposes of this subparagraph, the term `qualifying provider' means, with respect to a qualifying cancer screening test, an individual or entity-- ``(I) that is eligible for payment for such test under section 1833 or section 1848; and ``(II) that-- ``(aa) participates in a nationally recognized quality improvement registry with respect to such test; and ``(bb) demonstrates, to the satisfaction of the Secretary, based on the information in such registry, that the tests were provided by such individual or entity in accordance with accepted outcomes-based quality measures.''. SEC. 4. ELIMINATING MEDICARE BENEFICIARY COST-SHARING FOR CERTAIN COLORECTAL CANCER SCREENINGS, COLORECTAL CANCER SCREENINGS WITH THERAPEUTIC EFFECT, AND FOLLOW-UP DIAGNOSTIC COLORECTAL CANCER SCREENINGS COVERED UNDER MEDICARE. (a) Waiver of Cost-Sharing.--Section 1833(a)(1)(Y) of the Social Security Act (42 U.S.C. 1395l(a)(1)(Y)) is amended by inserting ``, including colorectal cancer screening tests covered under this part described in section 1861(pp)(1)(C) (regardless of the code that is billed for the establishment of a diagnosis as a result of the screening test, for the removal of tissue or other matter during the screening test, or for a follow-up procedure that is furnished in connection with, or as a result of, the initial screening test)'' after ``or population''. (b) Waiver of Application of Deductible.--Section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (1) in paragraph (1) of the first sentence, by striking ``individual.'' and inserting ``individual, including colorectal cancer screening tests covered under this part described in section 1861(pp)(1)(C)''; and (2) by striking the last sentence and inserting the following: ``Subsection (a)(1)(Y) and paragraph (1) of the first sentence of this subsection shall apply with respect to a colorectal cancer screening test covered under this part described in section 1861(pp)(1)(C), regardless of the code that is billed for the establishment of a diagnosis as a result of the screening test, for the removal of tissue or other matter during the screening test, or for a follow-up procedure that is furnished in connection with, or as a result of, the initial screening test.'' (c) Effective Date.--The amendments made by this section shall apply to tests and procedures performed on or after January 1, 2016. SEC. 5. MEDICARE DEMONSTRATION PROJECT TO EVALUATE THE EFFECTIVENESS OF A PRE-OPERATIVE VISIT PRIOR TO SCREENING COLONOSCOPY AND HEPATITIS C SCREENING. Section 1115A(b)(2) of the Social Security Act (42 U.S.C. 1315a(b)(2)) is amended-- (1) in the last sentence of subparagraph (A), by inserting ``, and shall include the model described in subparagraph (D)'' before the period at the end; and (2) by adding at the end the following new subparagraph: ``(D) Medicare demonstration project to evaluate the effectiveness of a pre-operative visit prior to screening colonoscopy and hepatitis c screening.-- ``(i) In general.--The model described in this subparagraph is a demonstration project under title XVIII to evaluate the effectiveness of a pre-operative visit with the provider performing the procedure prior to screening colonoscopy to-- ``(I) ease any patient concern or fears with respect to the procedure and answer any questions relating to the screening; ``(II) ensure quality examinations and avoid unnecessary repeat examinations by educating individuals on the importance of following pre- procedure instructions, such as bowel preparation, and addressing the individual's family history of or predisposition to colorectal cancer; and ``(III) increase Hepatitis C Virus (HCV) screening rates among Medicare beneficiaries by educating individuals about the importance of such screening during the pre-operative visit and having the pre-operative visit fulfill the referral requirement for such screening under title XVIII, allowing patients to be screened for colorectal cancer and HCV at the same time. ``(ii) Consultation.--The Secretary shall consult with stakeholders who would be providing the pre-operative visit under the model described in this subparagraph on the implementation of such model, including payment for services furnished under the model.''. SEC. 6. BUDGET NEUTRALITY. (a) Adjustment of Physician Fee Schedule Conversion Factor.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall reduce the conversion factor established under subsection (d) of section 1848 of the Social Security Act (42 U.S.C. 1395w-4) for each year (beginning with 2016) to the extent necessary to reduce expenditures under such section for items and services furnished during the year in the aggregate by the net offset amount determined under subsection (c)(5) attributable to such section for the year. (b) Adjustment of HOPD Conversion Factor.--The Secretary shall reduce the conversion factor established under paragraph (3)(C) of section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) for each year (beginning with 2016) to the extent necessary to reduce expenditures under such section for items and services furnished during the year in the aggregate by the net offset amount determined under subsection (c)(5) attributable to such section for the year. (c) Determinations Relating to Expenditures.--For purposes of this section, before the beginning of each year (beginning with 2016) at the time conversion factors described in subsections (a) and (b) are established for the year, the Secretary shall determine-- (1) the amount of the gross additional expenditures under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) estimated to result from the implementation of sections 3 and 4 for items and services furnished during the year; (2) the amount of any offsetting reductions in expenditures under such title (such as reductions in payments for inpatient hospital services) for such year attributable to the implementation of such sections; (3) the amount (if any) by which the amount of the gross additional expenditures determined under paragraph (1) for the year exceeds the amount of offsetting reductions determined under paragraph (2) for the year; (4) of the gross additional expenditures determined under paragraph (1) for the year that are attributable to expenditures under sections 1848 and 1833(t) of such Act, the ratio of such expenditures that are attributable to each respective section; and (5) with respect to section 1848 and section 1833(t) of such Act, a net offset amount for the year equal to the product of-- (A) the amount of the net additional expenditures for the year determined under paragraph (3); and (B) the ratio determined under paragraph (4) attributable to the respective section.

Supporting Colorectal Examination and Education Now Act of 2015 or the SCREEN Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act (SSAct) to maintain calendar year 2015 Medicare reimbursement rates for colonoscopy procedures for providers participating in colorectal cancer screening quality improvement registry. Medicare beneficiary cost-sharing is eliminated for colorectal cancer screening tests, for the removal of tissue or other matter during the screening test, or for a follow-up procedure. The Center for Medicare and Medicaid Innovation shall test a payment and service delivery model that is a demonstration project to evaluate the effectiveness of a pre-operative visit before screening colonoscopy and hepatitis C screening. The Secretary of Health and Human Services must reduce the physician fee schedule conversion factor and the hospital outpatient department conversion factor to the extent necessary to reduce expenditures for related items and services to achieve budget-neutral results.

SCREEN Act of 2015

SECTION 1. FINDINGS. Congress makes the following findings: (1) A native of New Jersey, Jerry Lewis is a gifted comedian and has been a fixture in the entertainment community for more than 5 decades. (2) Born Joseph Levitch on March 16, 1926, in Newark, New Jersey, Jerry Lewis began his career by performing in local nightclubs. (3) With his hope of breaking into show business fading, Jerry Lewis was encouraged by his fellow comedians to continue his act, and soon thereafter, he formed a show business partnership with Dean Martin that would skyrocket both to fame. While performing with Martin in New York City, the pair was approached by a motion picture executive who offered them a contract with Paramount Pictures. They went on to make 16 major motion pictures during their 10-year partnership. (4) Jerry Lewis' talent and enthusiasm kept America laughing during some of the most turbulent periods in our history, World War II, the Cold War, and the assassinations of President John F. Kennedy and Dr. Martin Luther King, Jr. One of the most successful performers in show business, Jerry Lewis has received worldwide acclaim for his unique ability and style with both comedy and drama. He has been the star of stage, screen, radio, television, print, and recordings. He is considered among the elite in the history of comedy. (5) But aside from his comic persona, Jerry Lewis has been an active champion for the Muscular Dystrophy Association (MDA) since the early 1950s. In 1966, he began the ``Jerry Lewis MDA Labor Day Telethon,'' an annual television program that benefits children and adults affected by muscular dystrophy and related neuromuscular diseases. Now in its 41st year, the show, which is broadcast on some 200 stations nationwide, including Puerto Rico, and worldwide on the Internet, raises tens of millions of dollars annually. (6) Jerry Lewis summed up why he devotes so much of his time and energy to this cause with the words: ``I shall pass through this world but once. Any good, therefore, that I can do or any kindness that I can show to any human being let me do it now. Let me not defer nor neglect it, for I shall not pass this way again.''. (7) Jerry Lewis has received numerous awards for his outstanding service to our Nation. He was nominated for the Nobel Peace Prize for his dedication to the Muscular Dystrophy Association. (8) In June of 1978, the communications industry honored Jerry Lewis with the National Association of Television Program Executives Award of the Year for his humanitarian efforts in raising funds to combat neuromuscular diseases. Among his numerous awards are induction into the French Legion of Honor as ``Legion Commander,'' the Murray-Green Award for Community Service, the highest honor that the AFL-CIO bestows upon an individual, the American Medical Association Lifetime Achievement Award, and the Governor's Award (Emmy) from the Academy of Television Arts and Sciences. (9) In September of 1976, the United States Senate unanimously adopted a resolution expressing their appreciation of his philanthropic endeavors and in particular his fight to find a cure for muscular dystrophy. In February 2001, Jerry Lewis led a delegation of MDA scientists and clients to testify before a subcommittee of the United States Senate resulting in the introduction and subsequent passage of the MD-Care Act (Public Law 107-84; 115 Stat. 823), a first step toward securing a dramatic boost in Federal funding for research into all forms of muscular dystrophy. (10) Joining the ranks of distinguished Congressional Gold Medal recipients would be a fitting accolade to this consummate entertainer, world-renowned humanitarian and ``living legend'' who has served for some 5 decades as National Chairman of the Muscular Dystrophy Association. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President Pro Tempore of the Senate and the Speaker of the House of Representatives are authorized to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to Jerry Lewis, in recognition of his outstanding service to the Nation. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 4. STATUS AS NATIONAL MEDALS. (a) National Medals.--The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck pursuant to this Act shall be considered numismatic items. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There are authorized to be charged against the United States Mint Public Enterprise Fund, such sums as may be necessary to pay for the cost of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Authorizes the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to comedian Jerry Lewis in recognition of his outstanding service to the Nation.

A bill to authorize Congress to award a gold medal to Jerry Lewis, in recognition of his outstanding service to the Nation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Haitian Refugee Immigration Fairness Act of 1997''. SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN HAITIAN NATIONALS. (a) Adjustment of Status.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of any alien described in subsection (b) shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before April 1, 2000; and (B) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States, under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition on submitting or granting such application, to file a motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.--The benefits provided by subsection (a) shall apply to any alien who is a national of Haiti-- (1) who filed for asylum before December 31, 1995, was paroled into the United States prior to December 31, 1995, after having been identified as having a credible fear of persecution, or was paroled into the United States for emergent reasons or reasons deemed strictly in the public interest; and (2) has been physically present in the United States for at least 1 year and is physically present in the United States on the date the application for such adjustment is filed, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (c) Stay of Removal.-- (1) In general.--The Attorney General shall provide by regulation for an alien subject to a final order of deportation, removal, or exclusion to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order any alien to be removed from the United States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and raises as a defense to such an order the eligibility of the alien to apply for adjustment of status under subsection (a), except where the Attorney General has rendered a final administrative determination to deny the application. (3) Work authorization.--The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if-- (A) the alien is a national of Haiti; (B) the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that they have been physically present in the United States for at least 1 year; (C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and (D) the alien is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in aggregate not exceeding 180 days. (e) Availability of Administrative Review.--The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this Act, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in this Act shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.

Haitian Refugee Immigration Fairness Act of 1997 - Provides for the permanent resident status adjustment of certain Haitian nationals (and their spouses and children) who were paroled into the United States or filed for amnesty before a specified date. Sets forth stay of removal and work authorization provisions.

Haitian Refugee Immigration Fairness Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Compensation Protection Act of 1995''. SEC. 2. CONTINUANCE OF CIVILIAN PAY DURING PERIODS OF LAPSED APPROPRIATIONS. (a) Continuance of Pay.--Subchapter III of chapter 55 of title 5, United States Code, is amended by redesignating section 5527 as section 5528 and inserting after section 5526 the following: ``Sec. 5527. Continuance of pay during periods of lapsed appropriations ``(a) For purposes of this section-- ``(1) the term `period of lapsed appropriations', when used with respect to an employee, means any period during which appropriations are not available due to the absence of the timely enactment of any Act or joint resolution appropriating funds for the employing agency of the employee; ``(2) the term `employee' means an individual employed (or holding office) in or under an agency; ``(3) the term `agency' means-- ``(A) an Executive agency; ``(B) the judicial branch; ``(C) the Library of Congress; ``(D) the Government Printing Office; ``(E) the legislative branch (excluding any agency otherwise referred to in this paragraph); and ``(F) the government of the District of Columbia; ``(4) the term `pay' means-- ``(A) basic pay; ``(B) premium pay; ``(C) agency contributions for retirement and life and health insurance; and ``(D) any other element of aggregate compensation, including allowances, differentials, bonuses, awards, and other similar cash payments; and ``(5) the term `furlough' means the placing of an employee in a temporary status without duties and pay because of lack of work or funds or other nondisciplinary reasons. ``(b) For any period of lapsed appropriations, there are appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for the pay of any employee who-- ``(1) performs service as an employee during the period of lapsed appropriations; or ``(2) is prevented from serving during such period by reason of having been furloughed due to a lapse in appropriations. ``(c)(1) Notwithstanding section 1341 of title 31, any employee who is furloughed due to a lapse in appropriations shall be paid for the period during which such employee is so furloughed. ``(2) For purposes of paragraph (1), the pay payable to an employee for any period during which such employee is furloughed shall be the pay that would have been payable to such employee for such period had such employee not been furloughed. ``(d) For purposes of carrying out section 5528 with respect to this section, any reference in section 5528(b) to an agency outside the executive branch shall be construed based on the definition of `agency' under subsection (a). ``(e) Expenditures made for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever the regular appropriation bill becomes law. ``(f) This section shall take effect on October 1, 1995, and shall terminate on September 30, 1996.''. (b) Technical and Conforming Amendments.--(1) The heading for subchapter III of chapter 55 of title 5, United States Code, is amended by striking ``AND ASSIGNMENT'' and inserting ``ASSIGNMENT, AND CONTINUANCE''. (2) The table of sections at the beginning of chapter 55 of title 5, United States Code, is amended by striking the item relating to section 5527 and inserting the following: ``5527. Continuance of pay during periods of lapsed appropriations. ``5528. Regulations.''. (3) The table of sections at the beginning of chapter 55 of title 5, United States Code, is further amended by striking ``AND ASSIGNMENT'' in the item relating to subchapter III and inserting ``ASSIGNMENT, AND CONTINUANCE''. SEC. 3. CONTINUANCE OF MILITARY PAY DURING PERIODS OF LAPSED APPROPRIATIONS. (a) Continuance of Pay.--Chapter 19 of title 37, United States Code, is amended by adding at the end the following: ``Sec. 1015. Continuance of pay during periods of lapsed appropriations ``(a) For the purposes of this section-- ``(1) the term `pay', with respect to a member of a uniformed service, means the pay and allowances of such member; and ``(2) the term `period of lapsed appropriations', when used with respect to any member, means any period during which appropriations are not available due to the absence of the timely enactment of any Act or joint resolution appropriating funds for the uniformed service of that member. ``(b) For any period of lapsed appropriations, there are appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for the pay of any member serving as a member of a uniformed service during the period of lapsed appropriations. ``(c) Expenditures made for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever the regular appropriation bill becomes law. ``(d) This section shall take effect on October 1, 1995, and terminate on September 30, 1996.''. (b) Technical and Conforming Amendment.--The table of sections at the beginning of chapter 19 of title 37, United States Code, is amended by inserting after the item relating to section 1014 the following: ``1015. Continuance of pay during periods of lapsed appropriations.''.

Federal Employee Compensation Protection Act of 1995 - Amends Federal civil service and armed forces law to provide for the temporary continuance of basic civilian and military pay and associated benefits and allowances of Federal and District of Columbia personnel during any period of lapsed appropriations in which they perform service or are furloughed due to the failure to timely enact appropriations legislation for the employee's agency. Appropriates funds for such purposes, which shall be charged to the applicable appropriation, fund, or authorization whenever the regular appropriation bill becomes law.

Federal Employee Compensation Protection Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Drivers Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) hand-held personal wireless devices are not only instrumentalities and channels of interstate commerce, but products of interstate commerce; (2) for those reasons, regulation of the use of hand-held mobile telephones and personal wireless devices is covered by the power of Congress to regulate interstate commerce as enumerated in article I, section 8 of the Constitution; (3) additionally, the Supreme Court held in South Dakota v. Dole, 483 U.S. 203 (June 23, 1987), that Congress may condition Federal highway funding on State compliance with certain conditions; (4) according to a National Highway Traffic Safety Administration (NHTSA) driver distraction may be grouped into manual, visual, and cognitive distractions; (5) according to Cisco Systems Inc., North American mobile broadband traffic will grow fifty times between 2009-2014; (6) and according to CTIA, the main factors driving the rise in the use of mobile traffic include the increasing availability and capabilities of smartphones, and new form factors (such as tablets), for consumers; (7) as of the date of enactment of this Act, only 8 States and the District of Columbia ban mobile device use for all drivers; (8) the Secretary of Transportation, Ray LaHood, has recognized the significance of increased driver distraction as a result of wireless devices by launching an aggressive educational campaign, issuing Department regulations, and consecutive ``Distracted Driving Summits'' with affected industries; (9) it is necessary, therefore, for Congress to act to protect the safety of all people in the United States on highways, roads, and railways in the United States; and (10) Federal legislation to address the problem of distracted driving is necessary to ensure that national minimum standards of protection exist uniformly. SEC. 3. REPORT ON DISTRACT DRIVING. (a) In General.--The Secretary of Transportation shall conduct a comprehensive study on distracted driving, including cognitive distraction when driving. The study should also include driver distraction impacts on young, inexperienced drivers and build upon past reports and findings that the Department has conducted. (b) Report Findings.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report regarding the findings of the study under subsection (a) to the appropriate committees of Congress, including any recommendations to revise the requirement for minimum penalties under section 167(b)(2) of title 23, United States Code. SEC. 4. OPERATION OF MOTOR VEHICLES WHILE USING A HAND-HELD MOBILE DEVICE. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``SEC. 167. OPERATION OF MOTOR VEHICLES USING A HAND-HELD MOBILE DEVICE. ``(a) Definitions.--In this section the following definitions apply: ``(1) Hand-held mobile device.-- ``(A) In general.--The term `hand-held mobile device' means a mobile telephone or other personal wireless communication device that is meant for use with at least 1 hand. ``(B) Exclusions.--The term `hand-held mobile device' does not include-- ``(i) a voice-operated, vehicle-integrated, or any device that requires the use of either hand to activate or deactivate a feature or function, or use in a hands-free manner; or ``(ii) a global positioning system, not integrated in a motor vehicle, that is voice- activated or used to view directions, except that if the system requires instructions to be inputted manually by hand, the motor vehicle must not be moving or idling. ``(2) Motor vehicle.--The term `motor vehicle' means-- ``(A) a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways; and ``(B) a railcar or other component of a fixed guideway system that is not subject to regulation by the Federal Railroad Administration. ``(b) Requirements and Withholding of Apportionments for Noncompliance.-- ``(1) In general.--On October 1 of the second fiscal year beginning after the date of promulgation of the regulations under subsection (d), and annually thereafter, the Secretary shall withhold 25 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) for the fiscal year if the Secretary determines that the State does not meet the requirement under paragraph (2) of this subsection as of that date. ``(2) Requirement.--A State shall meet the requirement under this paragraph if the State has enacted and is enforcing a law that-- ``(A) except in the event of an emergency, prohibits an operator, on a public road, of a moving or idling motor vehicle from using a hand-held mobile device; and ``(B) requires, upon conviction of a violation of such State law, the imposition of penalties in accordance with the requirements for minimum penalties described in the regulations issued under subsection (d). ``(c) Recovery of Funds Withheld.--All funds withheld under this section from apportionment to a State for 1 or more fiscal years shall be available for apportionment to the State immediately upon a determination by the Secretary that the State meets the requirement under paragraph (2). ``(d) Regulations.--Not later than 180 days after the date of enactment of this section, the Secretary shall issue regulations to carry out this section, including requirements for minimum penalties for violations of the prohibition under subsection (b)(2) (A) and (B) that-- ``(1) specify a minimum penalty for a first offense; and ``(2) stipulate that penalties shall be graduated for repeat offenses.''. (b) Technical Amendment.--The analysis of chapter 1 of title such title is amended by adding after section 166 the following: ``167. Operation of motor vehicles using a hand-held mobile device.''.

Safe Drivers Act of 2011 - Directs the Secretary of Transportation (DOT) to study distracted driving, including cognitive distraction when driving and driver distraction impacts on young, inexperienced drivers. Requires the Secretary to withhold 25% of a state's apportionment of certain federal-aid highway program funds for the fiscal year if the state has not enacted or is not enforcing a law that: (1) prohibits, except in an emergency, an operator of a moving or idling motor vehicle on a public road from using a hand-held mobile device (other than a voice-activated, vehicle-integrated or similar device, or a global positioning system [GPS] which is not vehicle-integrated); and (2) requires, upon conviction of a violation of such prohibition, the imposition of certain minimum penalties.

To enhance safety of individuals by banning the use of hand-held mobile devices while driving, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Growth and Reducing Unemployment Act''. SEC. 2. STATEMENT OF APPROPRIATIONS. The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2012. Corporation for National and Community Service operating expenses For an additional amount for the Corporation for National and Community Service to carry out the National and Community Service Act of 1990, and notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), 501(a)(4)(E), and 501(a)(5)(F) of such Act, $7,892,775,570: Provided, That of such amount up to 1 percent of program grant funds may be used to defray the costs of conducting grant application reviews, including the use of outside peer reviewers and electronic management of the grants cycle: Provided further, That $1,878,275,570, to remain available until expended, shall be paid to the National Service Trust for expenses authorized under subtitle D of title I of such Act: Provided further, That in addition to the amounts provided in the previous proviso, the Corporation may transfer funds from the amounts allocated to grants under subtitle C of title I of such Act, upon determination that such transfer is necessary to support the activities of national service participants and after notice is transmitted to the Congress: Provided further, That $9,800,000 shall be available for expenses to carry out sections 112(e), 179A, and 198O and subtitle J of title I of such Act, notwithstanding section 501(a)(6) of such Act: Provided further, That $15,000,000 shall be available for grants to public or private nonprofit institutions to increase the participation of individuals with disabilities in national service and for demonstration activities in furtherance of this purpose, notwithstanding section 129(k)(1) of such Act: Provided further, That $8,000,000 shall be available to provide assistance to State Service Commissions, under section 126(a) of such Act and notwithstanding section 501(a)(5)(B) of such Act. salaries and expenses For an additional amount for necessary expenses of administration as provided under section 501(a)(5) of the National and Community Service Act of 1990 including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants authorized under section 3109 of title 5, United States Code, $37,500,000. office of inspector general For an additional amount for necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $8,000,000. SEC. 3. REQUIREMENT. The funds appropriated in this section shall be used by the Corporation toward the goal of increasing the number of national service positions approved under subtitle C of title I of the 1990 Act to 500,000. In carrying out this section, the Corporation shall give preference to national service programs which propose to use full-time national service positions. SEC. 4. EXTENSION AND MODIFICATION OF PAYROLL TAX FORGIVENESS. (a) Extension.--Paragraph (1) of section 3111(d) of the Internal Revenue Code of 1986 is amended by inserting ``or on the day after the date of the enactment of the Economic Growth and Reducing Unemployment Act of 2011 and ending on December 31, 2012,'' after ``December 31, 2010,''. (b) Modification.-- (1) Unemployment requirement.--Subparagraph (B) of section 3111(d)(3) of such Code is amended to read as follows: ``(B) certifies by signed affidavit (under penalties of perjury) that such individual, during the entire 27-week period ending on the hiring date-- ``(i) was in receipt of unemployment compensation under State or Federal law, or ``(ii) was unemployed and would have been so in receipt but for having exhausted the right to such unemployment compensation during such period.''. (2) Limitation.--Subsection (d) of section 3111 of such Code is amended by adding at the end the following new paragraph: ``(6) Limitation.--The aggregate reduction in tax imposed under subsection (a) by reason of paragraph (1) with respect to each qualified individual in the employer's employ shall not exceed $5,000.''. (c) Application to Railroad Retirement Taxes.-- (1) Extension.--Paragraph (1) of section 3221(c) of such Code is amended by inserting ``or on the day after the date of the enactment of the Economic Growth and Reducing Unemployment Act of 2011 and ending on December 31, 2012,'' after ``December 31, 2010,''. (2) Modification.-- (A) Unemployment requirement.--Subparagraph (B) of section 3221(c)(3) of such Code is amended to read as follows: ``(B) certifies by signed affidavit (under penalties of perjury) that such individual, during the entire 27-week period ending on the hiring date-- ``(i) was in receipt of unemployment compensation under State or Federal law, or ``(ii) was unemployed and would have been so in receipt but for having exhausted the right to such unemployment compensation during such period.''. (3) Limitation.--Subsection (c) of section 3221 of such Code is amended by adding at the end the following new paragraph: ``(6) Limitation.--The aggregate reduction in tax imposed under subsection (a) by reason of paragraph (1) with respect to each qualified individual in the employer's employ shall not exceed $5,000.''. (d) Special Rule for Certain Calendar Quarters.--For purposes of section 3111(d) and 3221(c) of such Code, if the day after the date of the enactment of this Act is not the first day of a calendar quarter, then rules similar to the rules of section 3111(d)(5) and 3221(c)(5) of such Code, respectively, shall apply with respect to the last calendar quarter beginning before such day. (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this subsection shall apply to wages paid after the date of the enactment of this Act. (2) Railroad retirement taxes.--The amendments made by subsection (d) shall apply to compensation paid after the date of the enactment of this Act.

Economic Growth and Reducing Unemployment Act - Appropriates additional amounts in FY2012 for the Corporation for National and Community Service for carrying out the National and Community Service Act of 1990. Requires appropriated funds to be used to increase the number of national service positions under such Act to 500,000. Appropriates additional amounts in FY2012 for the Office of Inspector General for carrying out the Inspector General Act of 1978. Amends the Internal Revenue Code to extend the suspension of employment and railroad retirement taxes through December 31, 2012. Limits the aggregate reduction in taxes from such suspension to $5,000 per employee.

To make supplemental appropriations to provide additional funds to Americorps for the fiscal year ending September 30, 2012, and to amend the Internal Revenue Code of 1986 to extend and modify payroll tax forgiveness.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Servicing Asset Capital Requirements Act of 2015''. SEC. 2. STUDY OF MORTGAGE SERVICING ASSETS. (a) Definitions.--In this section: (1) Banking institution.--The term ``banking institution'' means an insured depository institution, Federal credit union, State credit union, bank holding company, or savings and loan holding company. (2) Basel iii capital requirements.--The term ``Basel III capital requirements'' means the Global Regulatory Framework for More Resilient Banks and Banking Systems issued by the Basel Committee on Banking Supervision on December 16, 2010, as revised on June 1, 2011. (3) Federal banking agencies.--The term ``Federal banking agencies'' means the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the National Credit Union Administration. (4) Mortgage servicing assets.--The term ``mortgage servicing assets'' means those assets that result from contracts to service loans secured by real estate, where such loans are owned by third parties. (5) NCUA capital requirements.--The term ``NCUA capital requirements'' means the proposed rule of the National Credit Union Administration entitled ``Risk-Based Capital'' (80 Fed. Reg. 4340 (January 27, 2015)). (6) Other definitions.-- (A) Banking definitions.--The terms ``bank holding company'', ``insured depository institution'', and ``savings and loan holding company'' have the meanings given those terms in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). (B) Credit union definitions.--The terms ``Federal credit union'' and ``State credit union'' have the meanings given those terms in section 101 of the Federal Credit Union Act (12 U.S.C. 1752). (b) Study of the Appropriate Capital for Mortgage Servicing Assets.-- (1) In general.--The Federal banking agencies shall jointly conduct a study of the appropriate capital requirements for mortgage servicing assets for banking institutions. (2) Issues to be studied.--The study required under paragraph (1) shall include, with a specific focus on banking institutions-- (A) the risk to banking institutions of holding mortgage servicing assets; (B) the history of the market for mortgage servicing assets, including in particular the market for those assets in the period of the financial crisis; (C) the ability of banking institutions to establish a value for mortgage servicing assets of the institution through periodic sales or other means; (D) regulatory approaches to mortgage servicing assets and capital requirements that may be used to address concerns about the value of and ability to sell mortgage servicing assets; (E) the impact of imposing the Basel III capital requirements and the NCUA capital requirements on banking institutions on the ability of those institutions-- (i) to compete in the mortgage servicing business, including the need for economies of scale to compete in that business; and (ii) to provide service to consumers to whom the institutions have made mortgage loans; (F) an analysis of what the mortgage servicing marketplace would look like if the Basel III capital requirements and the NCUA capital requirements on mortgage servicing assets-- (i) were fully implemented; and (ii) applied to both banking institutions and nondepository residential mortgage loan servicers; (G) the significance of problems with mortgage servicing assets, if any, in banking institution failures and problem banking institutions, including specifically identifying failed banking institutions where mortgage servicing assets contributed to the failure; and (H) an analysis of the relevance of the Basel III capital requirements and the NCUA capital requirements on mortgage servicing assets to the banking systems of other significantly developed countries. (3) Report to congress.--Not later than 180 days after the date of enactment of this Act, the Federal banking agencies 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 containing-- (A) the results of the study required under paragraph (1); (B) any analysis on the specific issue of mortgage servicing assets undertaken by the Federal banking agencies before finalizing regulations implementing the Basel III capital requirements and the NCUA capital requirements; and (C) any recommendations for legislative or regulatory actions that would address concerns about the value of and ability to sell and the ability of banking institutions to hold mortgage servicing assets. Passed the House of Representatives July 14, 2015. Attest: KAREN L. HAAS, Clerk.

Mortgage Servicing Asset Capital Requirements Act of 2015 This bill directs the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the National Credit Union Administration to study jointly the appropriate capital requirements for mortgage servicing assets for banking institutions.

Mortgage Servicing Asset Capital Requirements Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Security for Life Act of 2004''. SEC. 2. EXCLUSION FOR LIFETIME ANNUITY PAYMENTS. (a) Lifetime Annuity Payments Under Annuity Contracts.--Section 72(b) of the Internal Revenue Code of 1986 (relating to exclusion ratio) is amended by adding at the end the following new paragraph: ``(5) Exclusion for lifetime annuity payments.-- ``(A) In general.--In the case of lifetime annuity payments received under one or more annuity contracts in any taxable year, gross income shall not include 50 percent of the portion of lifetime annuity payments otherwise includible (without regard to this paragraph) in gross income under this section. For purposes of the preceding sentence, the amount excludible from gross income in any taxable year shall not exceed $20,000. ``(B) Cost-of-living adjustment.--In the case of taxable years beginning after December 31, 2005, the $20,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2004' for `calendar year 1992' in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $500, such amount shall be rounded to the next lower multiple of $500. ``(C) Application of paragraph.--Subparagraph (A) shall not apply to-- ``(i) any amount received under an eligible deferred compensation plan (as defined in section 457(b)) or under a qualified retirement plan (as defined in section 4974(c)), ``(ii) any amount paid under an annuity contract that is received by the beneficiary under the contract-- ``(I) after the death of the annuitant in the case of payments described in subsection (c)(5)(A)(ii)(III), unless the beneficiary is the surviving spouse of the annuitant, or ``(II) after the death of the annuitant and joint annuitant in the case of payments described in subsection (c)(5)(A)(ii)(IV), unless the beneficiary is the surviving spouse of the last to die of the annuitant and the joint annuitant, or ``(iii) any annuity contract that is a qualified funding asset (as defined in section 130(d)), but without regard to whether there is a qualified assignment. ``(D) Investment in the contract.--For purposes of this section, the investment in the contract shall be determined without regard to this paragraph.''. (b) Definitions.--Subsection (c) of section 72 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Lifetime annuity payment.-- ``(A) In general.--For purposes of subsection (b)(5), the term `lifetime annuity payment' means any amount received as an annuity under any portion of an annuity contract, but only if-- ``(i) the only person (or persons in the case of payments described in subclause (II) or (IV) of clause (ii)) legally entitled (by operation of the contract, a trust, or other legally enforceable means) to receive such amount during the life of the annuitant or joint annuitant is such annuitant or joint annuitant, and ``(ii) such amount is part of a series of substantially equal periodic payments made not less frequently than annually over-- ``(I) the life of the annuitant, ``(II) the lives of the annuitant and a joint annuitant, but only if the annuitant is the spouse of the joint annuitant as of the annuity starting date or the difference in age between the annuitant and joint annuitant is 15 years or less, ``(III) the life of the annuitant with a minimum period of payments or with a minimum amount that must be paid in any event, or ``(IV) the lives of the annuitant and a joint annuitant with a minimum period of payments or with a minimum amount that must be paid in any event, but only if the annuitant is the spouse of the joint annuitant as of the annuity starting date or the difference in age between the annuitant and joint annuitant is 15 years or less. ``(iii) Exceptions.--For purposes of clause (ii), annuity payments shall not fail to be treated as part of a series of substantially equal periodic payments-- ``(I) because the amount of the periodic payments may vary in accordance with investment experience, reallocations among investment options, actuarial gains or losses, cost of living indices, a constant percentage applied not less frequently than annually, or similar fluctuating criteria, ``(II) due to the existence of, or modification of the duration of, a provision in the contract permitting a lump sum withdrawal after the annuity starting date, or ``(III) because the period between each such payment is lengthened or shortened, but only if at all times such period is no longer than one calendar year. ``(B) Annuity contract.--For purposes of subparagraph (A) and subsections (b)(5) and (w), the term `annuity contract' means a commercial annuity (as defined by section 3405(e)(6)), other than an endowment or life insurance contract. ``(C) Minimum period of payments.--For purposes of subparagraph (A), the term `minimum period of payments' means a guaranteed term of payments that does not exceed the greater of 10 years or-- ``(i) the life expectancy of the annuitant as of the annuity starting date, in the case of lifetime annuity payments described in subparagraph (A)(ii)(III), or ``(ii) the life expectancy of the annuitant and joint annuitant as of the annuity starting date, in the case of lifetime annuity payments described in subparagraph (A)(ii)(IV). For purposes of this subparagraph, life expectancy shall be computed with reference to the tables prescribed by the Secretary under paragraph (3). For purposes of subsection (w)(1)(C)(ii), the permissible minimum period of payments shall be determined as of the annuity starting date and reduced by one for each subsequent year. ``(D) Minimum amount that must be paid in any event.--For purposes of subparagraph (A), the term `minimum amount that must be paid in any event' means an amount payable to the designated beneficiary under an annuity contract that is in the nature of a refund and does not exceed the greater of the amount applied to produce the lifetime annuity payments under the contract or the amount, if any, available for withdrawal under the contract on the date of death.''. (c) Recapture Tax for Lifetime Annuity Payments.--Section 72 of the Internal Revenue Code of 1986 is amended by redesignating subsection (w) as subsection (x) and by inserting after subsection (v) the following new subsection: ``(w) Recapture Tax for Modifications to or Reductions in Lifetime Annuity Payments.-- ``(1) In general.--If any amount received under an annuity contract is excluded from income by reason of subsection (b)(5) (relating to lifetime annuity payments), and-- ``(A) the series of payments under such contract is subsequently modified so any future payments are not lifetime annuity payments, ``(B) after the date of receipt of the first lifetime annuity payment under the contract an annuitant receives a lump sum and thereafter is to receive annuity payments in a reduced amount under the contract, or ``(C) after the date of receipt of the first lifetime annuity payment under the contract the dollar amount of any subsequent annuity payment is reduced and a lump sum is not paid in connection with the reduction, unless such reduction is-- ``(i) due to an event described in subsection (c)(5)(A)(iii), or ``(ii) due to the addition of, or increase in, a minimum period of payments within the meaning of subsection (c)(5)(C) or a minimum amount that must be paid in any event (within the meaning of subsection (c)(5)(D)), then gross income for the first taxable year in which such modification or reduction occurs shall be increased by the recapture amount. ``(2) Recapture amount.-- ``(A) In general.--For purposes of this subsection, the recapture amount shall be the amount, determined under rules prescribed by the Secretary, equal to the amount that (but for subsection (b)(5)) would have been includible in the taxpayer's gross income if the modification or reduction described in paragraph (1) had been in effect at all times, plus interest for the deferral period at the underpayment rate established by section 6621. ``(B) Deferral period.--For purposes of this subsection, the term `deferral period' means the period beginning with the taxable year in which (without regard to subsection (b)(5)) the payment would have been includible in gross income and ending with the taxable year in which the modification described in paragraph (1) occurs. ``(3) Exceptions to recapture tax.--Paragraph (1) shall not apply in the case of any modification or reduction that occurs because an annuitant-- ``(A) dies or becomes disabled (within the meaning of subsection (m)(7)), ``(B) becomes a chronically ill individual within the meaning of section 7702B(c)(2), or ``(C) encounters hardship.''. (d) Lifetime Distributions of Life Insurance Death Benefits.-- (1) In general.--Section 101(d) of the Internal Revenue Code of 1986 (relating to payment of life insurance proceeds at a date later than death) is amended by adding at the end the following new paragraph: ``(4) Exclusion for lifetime annuity payments.-- ``(A) In general.--In the case of amounts to which this subsection applies, gross income shall not include the lesser of-- ``(i) 50 percent of the portion of lifetime annuity payments otherwise includible in gross income under this section (determined without regard to this paragraph), or ``(ii) the amount in effect under section 72(b)(5). ``(B) Rules of section 72(b)(5) to apply.--For purposes of this paragraph, rules similar to the rules of section 72(b)(5) and section 72(w) shall apply, substituting the term `beneficiary of the life insurance contract' for the term `annuitant' wherever it appears, and substituting the term `life insurance contract' for the term `annuity contract' wherever it appears.''. (2) Conforming amendment.--Section 101(d)(1) of such Code is amended by inserting ``or paragraph (4)'' after ``to the extent not excluded by the preceding sentence''. (e) Effective Date.-- (1) In general.--The amendments made by this section shall apply to amounts received in calendar years beginning after the date of the enactment of this Act. (2) Special rule for existing contracts.--In the case of a contract in force on the date of the enactment of this Act that does not satisfy the requirements of section 72(c)(5)(A) of the Internal Revenue Code of 1986 (as added by this section), or requirements similar to such section 72(c)(5)(A) in the case of a life insurance contract), any modification to such contract (including a change in ownership) or to the payments thereunder that is made to satisfy the requirements of such section (or similar requirements) shall not result in the recognition of any gain or loss, any amount being included in gross income, or any addition to tax that otherwise might result from such modification, but only if the modification is completed prior to the date that is 2 years after the date of the enactment of this Act.

Retirement Security for Life Act of 2004 - Amends the Internal Revenue Code to allow an exclusion from gross income for 50 percent of the amount otherwise includible in gross income as guaranteed payments from certain annuity or life insurance contracts. Limits the amount of such exclusion to $20,000 in any taxable year. Provides for an inflation adjustment of the $20,000 limitation beginning in 2006.

A bill to amend the Internal Revenue Code of 1986 to encourage guaranteed lifetime income payments from annuities and similar payments of life insurance proceeds at dates later than death by excluding from income a portion of such payments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims of Agent Orange Relief Act of 2011''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) From 1961 to 1971, approximately 19,000,000 gallons of 15 different herbicides, including 13,000,000 gallons of Agent Orange, were sprayed over the southern region of Vietnam. Many of such herbicides, including Agent Orange, were based with the toxic contaminant, known as dioxin. (2) It is estimated that between 2,100,000 and 4,800,000 Vietnamese people were present during the spraying of Agent Orange and other herbicides and many more were or continue to be exposed through contact with the environment and food that was contaminated, or as offspring of those exposed who now suffer from illnesses and deformities. (3) Today, there are still dozens of environmental hot spots in Vietnam which contaminate the food, soil, sediment, and wildlife and continue to expose the people of Vietnam to dioxin. (4) Agent Orange exposure continues to negatively affect the lives of men and women in Vietnam and in the United States. The lives of many victims are cut short and others live with disease, disabilities, and pain, often untreated or unrecognized. (b) Purpose.--It is the purpose of this Act to address and remediate the ongoing problems and concerns that arose or will arise from the use of these deadly herbicides, including Agent Orange, during the Vietnam War. SEC. 3. ASSISTANCE FOR INDIVIDUALS AFFECTED BY HEALTH ISSUES RELATED TO EXPOSURE TO AGENT ORANGE DURING THE VIETNAM ERA. (a) For Covered Individuals.--The Secretary of State shall provide assistance to address the health care needs of covered individuals. Such assistance shall include the provision of medical and chronic care services, nursing services, and medical equipment. (b) For Caregivers.--The Secretary of State shall provide assistance to institutions in Vietnam that provide health care for covered individuals. Such assistance shall include-- (1) medicines and medical equipment; (2) custodial care, home care, respite care, and daycare programs; (3) training programs for caregivers; (4) medical, physical rehabilitation, and counseling services and equipment for illnesses and deformities associated with exposure to Agent Orange; and (5) reconstructive surgical programs. (c) For Housing and Poverty Reduction.--The Secretary of State shall provide assistance to repair and rebuild substandard homes in Vietnam for covered individuals and the families of covered individuals. The Secretary of State shall provide micro grants and loans to facilitate subsistence payments and poverty reduction for covered individuals and families of covered individuals. (d) For Environmental Remediation.--The Secretary of State shall provide assistance to remediate those areas in Vietnam that continue to contain high levels of dioxin, Agent Orange, and other contaminants used during the Vietnam War. (e) For Public Research.--The Secretary of State shall provide assistance to support research relating to health issues of covered individuals. Such research should include the active involvement of schools of public health and medicine located in the United States, Vietnam, and other interested countries. (f) Vietnamese Nongovernmental Organizations.--Assistance under this section (other than assistance under subsection (e)) shall be provided through appropriate Vietnamese nongovernmental organizations and other community organizations. (g) Implementation.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall complete a plan for the implementation of this section. Not later than 180 days after completion of the plan, the Secretary of State shall begin implementing this section. (h) Definitions.--In this section-- (1) the term ``covered individual'' means in an individual who-- (A) is a resident of Vietnam; and (B) is affected by health issues related to exposure to Agent Orange during the Vietnam era; and (2) the term ``Vietnam era'' has the meaning given the term in section 101(29) of title 38, United States Code. SEC. 4. ESTABLISHMENT OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS FOR DESCENDANTS OF VETERANS OF THE VIETNAM ERA. (a) Establishment of Medical Centers.--The Secretary of Veterans Affairs shall establish at least two regional medical centers of the Department of Veterans Affairs that are designed to address the medical needs of descendants of veterans of the Vietnam era. Such medical centers shall be-- (1) associated with existing university-based medical centers; (2) equipped to provide access to a full range of state-of- the-art medical care for illnesses, deformities, and developmental problems experienced by the descendants of veterans of the Vietnam era, including diagnostic medicine, rehabilitative medicine, pediatric medicine, psychiatry, and vocational training. (b) Coordination of Medical Records.--The medical centers established under this section shall coordinate the medical records of patients who receive care at the centers with the Department of Veterans Affairs for the purpose of conducting research or providing support for research into the intergenerational effects of dioxin exposure. (c) Employment of Specialists.--The Secretary of Veterans Affairs shall employ medical personnel at the medical centers established under this section who are specialists in environmental illnesses and rehabilitative medicine. (d) Travel and Housing Assistance.--The Secretary of Veterans Affairs shall provide assistance to individuals and families who travel to the medical centers established under this section for diagnostic evaluation and treatment to cover the costs of travel to and from the medical centers and the cost of housing while being evaluated or treated at the centers. (e) Definition of Vietnam Era.--In this section, the term ``Vietnam era'' has the meaning given the term in section 101(29) of title 38, United States Code. SEC. 5. NATIONAL VIETNAM VETERANS READJUSTMENT STUDY. The Secretary of Veterans Affairs shall ensure that the National Vietnam Veterans Readjustment Study is expanded to include a mortality and morbidity study examining the health outcomes of applicable Vietnam Veterans. SEC. 6. DEPARTMENT OF VETERANS AFFAIRS HEALTH ASSESSMENT AND ASSISTANCE FOR VIETNAMESE AMERICANS. (a) Health Assessment.--The Secretary of Veterans Affairs shall make grants to appropriate public health organizations and Vietnamese- American organizations for the purpose of conducting a broad health assessment of Vietnamese-Americans who may have been exposed to Agent Orange and their children to determine the effects to their health of such exposure. (b) Assistance.--The Secretary shall establish centers in locations in the United States where large populations of Vietnamese-Americans reside for the purpose of providing assessment, counseling, and treatment for conditions related to exposure to Agent Orange. The Secretary may carry out this subsection through appropriate community and nongovernmental organizations or other suitable organizations, as determined by the Secretary. SEC. 7. DEFINITIONS. For purposes of this Act: (1) The term ``Agent Orange'' includes any chemical compound which became part, either by design or through impurities, of an herbicide agent used in support of the United States and allied military operations in the Republic of Vietnam. (2) The term ``victim'' includes any individual who is a Vietnamese national, Vietnamese-American, or United States veteran who was exposed to agent grange, or the progeny of such an individual, and who has a disease or disability associated with this exposure. (3) The term ``impacted zone'' includes the areas of Southeast Asia known to have been contaminated with Agent Orange, including southern Vietnam (the former South Vietnam), western Cambodia, southern Laos and surrounding airspace and ocean ways. (4) The term ``exposure period'' includes-- (A) for a United States veteran, any time from January 9, 1962, through May 7, 1975; and (B) for a Vietnamese-American, the time period beginning on January 9, 1962, and ending when the person emigrated from Vietnam; and (C) for a Vietnamese national, any time after January 9, 1962. (5) The term ``veteran'' includes any person who served on active or reserve duty in the Armed Forces during the exposure period in the impacted zone of the Republic of Vietnam including the inland waterways of such Republic, the waters offshore of such Republic, and the airspace above such Republic. SEC. 8. DEADLINE FOR IMPLEMENTATION. Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of State shall each complete a plan for the implementation of the applicable provisions of this Act and shall issue a request for proposals, if applicable. The Secretary of Veterans Affairs and the Secretary of State shall implement the provisions of this Act by not later than 18 months after the date of the enactment of this Act. SEC. 9. QUARTERLY REPORTS. Not later than 30 days after the last day of a fiscal quarter, the Secretary of Veterans Affairs and the Secretary of State shall each submit to Congress a report on the implementation of the applicable provisions of this Act during the fiscal quarter covered by the report.

Victims of Agent Orange Relief Act of 2011 - Directs the Secretary of State to provide assistance to address the health care needs of covered individuals. Defines a "covered individual" as an individual who is: (1) a resident of Vietnam, and (2) affected by health issues related to exposure to Agent Orange during the Vietnam era. Requires such assistance to include assistance to: (1) institutions in Vietnam that provide health care to such individuals, (2) repair and rebuild substandard homes in Vietnam, (3) remediate areas in Vietnam that continue to contain high levels of contaminants, and (4) support research relating to health issues of covered individuals. Requires the Secretary of Veterans Affairs to: (1) establish at least two regional medical centers of the Department of Veterans Affairs (VA) designed to address the medical needs of descendants of Vietnam era veterans, (2) make grants to appropriate public health organizations and Vietnamese-American organizations to conduct a broad health assessment of Vietnamese-Americans who may have been exposed to Agent Orange and their children, and (3) ensure that the National Vietnam Veterans Readjustment Study is expanded to include a mortality and morbidity study examining the health outcomes of Vietnam veterans. Defines a "victim" as any individual who is a Vietnamese national, Vietnamese-American, or U.S. veteran who was exposed to Agent Orange, or the progeny of such an individual, and who has a disease or disability associated with this exposure.

To direct the Secretary of State to provide assistance for certain individuals affected by exposure to Agent Orange and the Secretary of Veterans Affairs to enhance the availability of medical care for descendants of veterans of the Vietnam era, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Register America to Vote Act''. SEC. 2. PURPOSE. The purposes of this Act are-- (1) to require every State to develop and implement a system to ensure that every eligible person is automatically registered to vote when they turn 18 years old; and (2) to protect the right to vote by allowing voters who are automatically registered or had previously registered in a State to update their address through the day of the election. SEC. 3. AUTOMATIC VOTER REGISTRATION. (a) Requirement.-- (1) In general.--Not later than November 6, 2018, the chief State election official of each State shall establish and operate a system of automatic registration for the registration of any eligible individual at the time the individual turns 18 to vote for elections for Federal office in the State. (2) Exception.--The requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. (3) Limits on use of automatic registration.--The registration of any individual under this subsection, and any action by an individual to opt-out of such automatic registration, may not be used as evidence against that individual in any State or Federal law enforcement proceeding. (b) Same Day Registration.-- (1) In general.--Notwithstanding section 8(a)(1)(D) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6), each noncomplying State shall permit any eligible individual on the day of a Federal election-- (A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (52 U.S.C. 20509(b)); and (B) to cast a vote in such election. (2) Noncomplying state.--For purposes of paragraph (1), the term ``noncomplying State'' means, with respect to any Federal election occurring on or after November 6, 2018, any State which is required to meet the requirements of subsection (a) and which does not have a system described in subsection (a) established and operated before the date of such Federal election. (c) Automatic Voter Registration Grants.-- (1) In general.--The Commission shall make a payment in an amount determined under paragraph (3) to each State. (2) Use of funds.--A State receiving a payment under this subsection shall use the payment-- (A) to implement automatic voter registration in accordance with subsection (a); and (B) to improve election security systems related to voter registration. (3) Allocation of funds.-- (A) In general.--Subject to subparagraph (C), the amount of a payment made to a State under this subsection shall be equal to the product of-- (i) the total amount appropriated for payments pursuant to the authorization under paragraph (4); and (ii) the State allocation percentage for the State (as determined under subparagraph (B)). (B) State allocation percentage defined.--The ``State allocation percentage'' for a State is the amount (expressed as a percentage) equal to the quotient of-- (i) the voting age population of the State (as reported in the most recent decennial census); and (ii) the total voting age population of all States (as reported in the most recent decennial census). (C) Minimum amount of payment.--The amount of a payment made to a State under this subsection may not be less than one-half of 1 percent of the total amount appropriated for payments under this subsection under paragraph (4). (D) Pro rata reductions.--The Commission shall make such pro rata reductions to the allocations determined under subparagraph (A) as are necessary to comply with the requirements of subparagraph (C). (E) Continuing availability of funds after appropriation.--A payment to a State under this subsection shall be available to the State without fiscal year limitation. (4) Authorization of appropriations.-- (A) In general.--There are authorized to be appropriated $325,000,000 for payments under this subsection. (B) Availability.--Any amounts appropriated pursuant to the authority of subparagraph (A) shall remain available without fiscal year limitation until expended. (d) Enforcement.--Section 11 of the National Voter Registration Act of 1993 (52 U.S.C. 20510), relating to civil enforcement and the availability of private rights of action, shall apply with respect to subsections (a) and (b) in the same manner as such section applies to such Act. (e) Relation to Other Laws.--Except as provided, nothing in this Act may be construed to authorize or require conduct prohibited under, or to supersede, restrict, or limit the application of any of the following: (1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). (2) The Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). (3) The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). (4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.). (f) Definitions.--In this Act, the following definitions apply: (1) Chief state election official.--The term ``chief State election official'' means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act. (2) Commission.--The term ``Commission'' means the Election Assistance Commission. (3) Election.--The term ``election'' has the meaning given such term under section 301(1) of the Federal Election Campaign Act of 1971. (4) Federal office.--The term ``Federal office'' has the meaning given such term under section 301(3) of the Federal Election Campaign Act of 1971. (5) State.--The term ``State'' means each of the several States and the District of Columbia. SEC. 4. STATE REGISTRATION PORTABILITY. (a) In General.--Section 8(e) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(e)) is amended to read as follows: ``(e) Procedure for Voting Following Failure To Return Card.-- Notwithstanding failure to notify the registrar of the change of address prior to the date of an election, a registrant who has moved from an address in the State to an address in the same State shall, upon oral or written affirmation by the registrant of the change of address before an election official, be permitted to vote (at the option of the voter)-- ``(1) at the polling place of the registrant's current address; or ``(2) at a central location within the same registrar's jurisdiction.''. (b) Effective Date.--The amendment made by this section shall take effect on January 1, 2019.

Register America to Vote Act This bill directs each state that has a voter registration requirement for federal elections to automatically register eligible individuals when they turn 18 years old. Such states that do not implement automatic registration must permit eligible individuals to register to vote and vote on the day of a federal election. The Election Assistance Commission shall make grants to states to implement automatic voter registration and improve election security systems related to voter registration. The National Voter Registration Act of 1993 is amended to revise the procedure for voting following a registered voter's failure to return a change of address card.

Register America to Vote Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firearms Heritage Protection Act of 1999''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--The Congress finds the following: (1) Citizens have a right, under the Second Amendment to the United States Constitution, to keep and bear arms. (2) Lawsuits have been commenced against manufacturers, distributors, dealers, and importers of nondefective firearms, which seek money damages and other relief for the harm caused by the misuse of firearms by third parties, including criminals. (3) The manufacture, importation, possession, sale, and use of firearms and ammunition in the United States is heavily regulated by Federal, State, and local laws. Such Federal laws include the Gun Control Act of 1968, the National Firearms Act, and the Arms Export Control Act. (4) Businesses in the United States that are engaged in interstate and foreign commerce through the lawful design, marketing, distribution, manufacture, importation, or sale to the public of firearms or ammunition that have been shipped or transported in interstate or foreign commerce are not, and should not be, liable for the harm caused by those who criminally or unlawfully misuse firearm products or ammunition products. (5) The possibility of imposing liability on an entire industry for harm that is the sole responsibility of others is an abuse of the legal system, erodes public confidence our Nation's laws, threatens the diminution of a basic constitutional right, invites the disassembly and destabilization of other industries and economic sectors lawfully competing in America's free enterprise system, and constitutes an unreasonable burden on interstate and foreign commerce. (6) The liability actions commenced or contemplated by municipalities and cities are based on theories without foundation in hundreds of years of the common law and American jurisprudence. The possible sustaining of these actions by a maverick judicial officer would expand civil liability in a manner never contemplated by the Framers of the Constitution. The Congress further finds that such an expansion of liability would constitute a deprivation of the rights, privileges, and immunities guaranteed to a citizen of the United States under the Fourteenth Amendment to the United States Constitution. (b) Purposes.--The purposes of this Act are as follows: (1) To prohibit causes of action against manufacturers, distributors, dealers, and importers of firearms or ammunition products for the harm caused by the criminal or unlawful misuse of firearm products or ammunition products by others. (2) To preserve a citizen's access to a supply of firearms and ammunition for all lawful purposes, including hunting, self-defense, collecting, and competitive or recreational shooting. (3) To guarantee a citizen's rights, privileges, and immunities, as applied to the States, under the Fourteenth Amendment to the United States Constitution, pursuant to section five of that Amendment. SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL LIABILITY ACTIONS IN FEDERAL OR STATE COURT. (a) In General.--A qualified civil liability action may not be brought in any Federal or State court. (b) Dismissal of Pending Actions.--A qualified civil liability action that is pending on the date of the enactment of this Act shall be dismissed immediately by the court in which the action was brought. SEC. 4. DEFINITIONS. In this Act: (1) Manufacturer.--The term ``manufacturer'' means, with respect to a qualified product-- (A) a person who is engaged in a business to import, make, produce, create, or assemble a qualified product, and who designs or formulates, or has engaged another person to design or formulate, a qualified product; (B) a seller of a qualified product, but only with respect to an aspect of the product that is made or affected when the seller makes, produces, creates, or assembles and designs or formulates an aspect of the product made by another person; and (C) any seller of a qualified product who represents to a user of a qualified product that the seller is a manufacturer of the qualified product. (2) Person.--The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity. (3) Qualified product.--The term ``qualified product'' means a firearm (as defined in section 921(a)(3) of title 18, United States Code) or ammunition (as defined in section 921(a)(17) of such title), or a component part of a firearm or ammunition, that has been shipped or transported in interstate or foreign commerce. (4) Qualified civil liability action.--The term ``qualified civil liability action'' means a civil action brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages resulting from the criminal or unlawful misuse of a qualified product by the person or a third party, but shall not include an action brought against a transferor convicted under section 924(h) of title 18, United States Code, or a comparable or identical State felony law, by a party directly harmed by the conduct of which the transferee is so convicted. (5) Seller.--The term ``seller'' means, with respect to a qualified product, a person who-- (A) in the course of a business conducted for that purpose sells, distributes, rents, leases, prepares, blends, packages, labels, or otherwise is involved in placing a qualified product in the stream of commerce; or (B) installs, repairs, refurbishes, reconditions, or maintains an aspect of a qualified product that is alleged to have resulted in damages. (6) State.--The term ``State'' includes each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States, and any political subdivision of any such place. (7) Trade association.--The term ``trade association'' means any association or business organization (whether or not incorporated under Federal or State law) 2 or more members of which are manufacturers or sellers of a qualified product.

Firearms Heritage Protection Act of 1999 - Prohibits civil actions from being brought against a manufacturer or seller of a firearm or ammunition, or a component thereof, that has been shipped or transported in interstate or foreign commerce (a firearm), or a trade association of such manufacturers or sellers, for damages resulting from the criminal or unlawful misuse of a firearm. Requires dismissal of any such action that is pending on the date of this Act's enactment. Specifies an exception with respect to actions against persons who transfer a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime.

Firearms Heritage Protection Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Disaster Response and Loan Improvements Act of 2007''. SEC. 2. PRIVATE DISASTER LOANS. (a) In General.--Section 7 of the Small Business Act (15 U.S.C. 636) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c) Private Disaster Loans.-- ``(1) Definitions.--In this subsection-- ``(A) the term `disaster area' means a county, parish, or similar unit of general local government in which a disaster was declared under subsection (b); ``(B) the term `eligible small business concern' means a business concern that is-- ``(i) a small business concern, as defined in this Act; or ``(ii) a small business concern, as defined in section 103 of the Small Business Investment Act of 1958; and ``(C) the term `qualified private lender' means any privately-owned bank or other lending institution that the Administrator determines meets the criteria established under paragraph (9). ``(2) Authorization.--The Administrator may guarantee timely payment of principal and interest, as scheduled on any loan issued by a qualified private lender to an eligible small business concern located in a disaster area. ``(3) Use of loans.--A loan guaranteed by the Administrator under this subsection may be used for any purpose authorized under subsection (a) or (b). ``(4) Online applications.-- ``(A) Establishment.--The Administrator may establish, directly or through an agreement with another entity, an online application process for loans guaranteed under this subsection. ``(B) Other federal assistance.--The Administrator may coordinate with the head of any other appropriate Federal agency so that any application submitted through an online application process established under this paragraph may be considered for any other Federal assistance program for disaster relief. ``(C) Consultation.--In establishing an online application process under this paragraph, the Administrator shall consult with appropriate persons from the public and private sectors, including private lenders. ``(5) Maximum amounts.-- ``(A) Guarantee percentage.--The Administrator may guarantee not more than 85 percent of a loan under this subsection. ``(B) Loan amounts.--The maximum amount of a loan guaranteed under this subsection shall be $2,000,000. ``(6) Loan term.--The longest term of a loan for a loan guaranteed under this subsection shall be-- ``(A) 15 years for any loan that is issued without collateral; and ``(B) 25 years for any loan that is issued with collateral. ``(7) Fees.-- ``(A) In general.--The Administrator may not collect a guarantee fee under this subsection. ``(B) Origination fee.--The Administrator may pay a qualified private lender an origination fee for a loan guaranteed under this subsection in an amount agreed upon in advance between the qualified private lender and the Administrator. ``(8) Documentation.--A qualified private lender may use its own loan documentation for a loan guaranteed by the Administrator, to the extent authorized by the Administrator. The ability of a lender to use its own loan documentation for a loan offered under this subsection shall not be considered part of the criteria for becoming a qualified private lender under the regulations promulgated under paragraph (9). ``(9) Implementation regulations.-- ``(A) In general.--Not later than 1 year after the date of enactment of the Small Business Disaster Response and Loan Improvements Act of 2007, the Administrator shall issue final regulations establishing permanent criteria for qualified private lenders. ``(B) Report to congress.--Not later than 6 months after the date of enactment of the Small Business Disaster Response and Loan Improvements Act of 2007, the Administrator shall submit a report on the progress of the regulations required by subparagraph (A) to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives. ``(10) Authorization of appropriations.-- ``(A) In general.--Amounts necessary to carry out this subsection shall be made available from amounts appropriated to the Administration under subsection (b). ``(B) Authority to reduce interest rates.--Funds appropriated to the Administration to carry out this subsection may be used by the Administrator, to the extent available, to reduce the applicable rate of interest for a loan guaranteed under this subsection by not more than 3 percentage points.''. (b) Effective Date.--The amendments made by this section shall apply to disasters declared under section 7(b)(2) of the Small Business Act (631 U.S.C. 636(b)(2)) before, on, or after the date of enactment of this Act. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) in section 4(c)-- (A) in paragraph (1), by striking ``7(c)(2)'' and inserting ``7(d)(2)''; and (B) in paragraph (2)-- (i) by striking ``7(c)(2)'' and inserting ``7(d)(2)''; and (ii) by striking ``7(e),''; and (2) in section 7(b), in the undesignated matter following paragraph (3)-- (A) by striking ``That the provisions of paragraph (1) of subsection (c)'' and inserting ``That the provisions of paragraph (1) of subsection (d)''; and (B) by striking ``Notwithstanding the provisions of any other law the interest rate on the Administration's share of any loan made under subsection (b) except as provided in subsection (c),'' and inserting ``Notwithstanding any other provision of law, and except as provided in subsection (d), the interest rate on the Administration's share of any loan made under subsection (b)''.

Small Business Disaster Response and Loan Improvements Act of 2007 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to: (1) guarantee the payment of principal and interest on private lender loans to small businesses located in a disaster area; and (2) make disaster loans to private nonprofit organizations located or operating in a disaster area. Increases disaster loan caps.

To improve the disaster loan program of the Small Business Administration, and for other purposes.

SECTION 1. EXTENSION OF SUSPENSION OF DUTY ON CERTAIN CHEMICALS. Each of the following headings of the Harmonized Tariff Schedule of the United States is amended by striking ``12/31/92'' and inserting ``12/31/94''. (1) 9902.29.04 (relating to p-Toluenesulfonyl chloride). (2) 9902.29.13 (relating to 2,6-Dichlorobenzaldehyde). (3) 9902.29.28 (relating to <greek-a>,<greek-a>,<greek-a>- Trifluoro-o-toluidine). (4) 9902.29.30 (relating to 8-Amino-1-naphthalenesulfonic acid and its salts). (5) 9902.29.31 (relating to 5-Amino-2-(p- aminoanilino)benzenesulfonic acid). (6) 9902.29.33 (relating to 1-Amino-8-hydroxy-3,6- naphthalenedisulfonic acid; and 4-Amino-5-hydroxy-2,7- naphthalenedisulfonic acid, monosodium salt (H acid, monosodium salt)). (7) 9902.29.35 (relating to 6-Amino-4-hydroxy-2- naphthalenesulfonic acid (Gamma Acid)). (8) 9902.29.38 (relating to 3,3'-Dimethoxybenzidine (o- Dianisidine) and its dihydrochloride). (9) 9902.29.40 (relating to 2-Amino-5-nitrophenol). (10) 9902.29.43 (relating to 1-Amino-2,4- dibromoanthraquinone). (11) 9902.29.44 (relating to 1-Amino-4-bromo-2- anthraquinonesulfonic acid (Bromamine acid) and its sodium salt). (12) 9902.29.47 (relating to 4-Methoxyaniline-2-sulfonic acid). (13) 9902.29.51 (relating to N-(7-Hydroxy-1-naphthyl acetamide). (14) 9902.29.57 (relating to N,N-bis(2-cyanoethyl)aniline). (15) 9902.29.64 (relating to 6-(3-Methyl-5-oxo-1- pyrazolyl)-1,3-naphthalenedisulfonic acid (amino-J-pyrazolone) (CAS No. 7277-87-4); and 3-Methyl-1-phenyl-5-pyrazolone (Methylphenylpyrazolone)). (16) 9902.29.69 (relating to 3-Methyl-5-pyrazolone). (17) 9902.29.79 (relating to 2-Amino-N- ethylbenzenesulfonoanilide). (18) 9902.30.15 (relating to 7-Hydroxy-1,3- naphthalenedisulfonic acid, dipotassium salt (CAS No. 842-18- 2)). (19) 9902.30.18 (relating to 1,4-Dihydroxyanthraquinone (CAS No. 81-64-1)). (20) 9902.30.31 (relating to 2-Chloro-4-nitroaniline (CAS No. 121-87-9)). (21) 9902.30.32 (relating to 4-Chloro-<greek-a>-<greek-a>- <greek-a>-trifluoro-o-toluidine (CAS No. 445-03-4)). (22) 9902.30.34 (relating to 5-Amino-2-naphthalenesulfonic acid (CAS No. 119-79-9)). (23) 9902.30.35 (relating to 7-Amino-1,3- naphthalenedisulfonic acid, monopotassium salt (CAS No. 842-15- 9)). (24) 9902.30.36 (relating to 4-Amino-1-naphthalenesulfonic acid, sodium salt (CAS No. 130-13-2)). (25) 9902.30.37 (relating to 8-Amino-2-naphthalenesulfonic acid (CAS No. 119-28-8)). (26) 9902.30.38 (relating to mixtures of 5- and 8-amino-2- naphthalenesulfonic acid (CAS No. 119-28-8)). (27) 9902.30.39 (relating to 1-Naphthylamine (CAS No. 134- 32-7)). (28) 9902.30.40 (relating to 6-Amino-2-naphthalenesulfonic acid (CAS No. 93-00-5)). (29) 9902.30.43 (relating to 2,4-Diaminobenzenesulfonic acid (CAS No. 88-63-1)). (30) 9902.30.48 (relating to 2-Amino-4-chlorophenol (CAS No. 95-85-2)). (31) 9902.30.47 (relating to 1-Amino-2-methoxybenzene (o- Anisidine) (CAS No. 90-04-0)). (32) 9902.30.51 (relating to 7-Anilino-4-hydroxy-2- naphthalenesulfonic acid (CAS No. 119-40-4)). (33) 9902.30.52 (relating to 1,4-Diamino-2,3- dihydroanthraquinone (CAS No. 81-63-0)). (34) 9902.30.55 (relating to 1-Amino-2-bromo-4- hydroxyanthraquinone (CAS No. 116-82-5)). (35) 9902.30.67 (relating to 4-Aminoacetanilide (CAS No. 122-80-5)). (36) 9902.30.75 (relating to 2-[(4- Aminophenyl)sulfonyl]ethanol, hydrogen sulfate ester (CAS No. 2494-89-5)). (37) 9902.30.80 (relating to 2,5-Dichloro-4-(3-methyl-5- oxo-2-pyrazolin-1-yl)-benzenesulfonic acid (CAS No. 84-57-1)). (38) 9902.30.89 (relating to 1,3,3-Trimethyl-2- methyleneindoline (CAS No. 118-12-7)). (39) 9902.30.94 (relating to 7-Nitronaphth[1,2]-oxadiazole- 5-sulphonic acid (CAS No. 84-91-3)). SEC. 2. EFFECTIVE DATE. (a) In General.--The amendments made by section 1 apply with respect to goods entered, or withdrawn from warehouse for consumption on or after the 15th day after the date of the enactment of this Act. (b) Retroactive Provision.--Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon a request filed with the appropriate customs officer on or before the 90th day after the date of the enactment of this Act, any entry or withdrawal from warehouse for consumption of goods to which the amendment made by section 1 applies and that was made-- (1) after December 31, 1992; and (2) before the 15th day after the date of the enactment of this Act; and with respect to which there would have been a lower duty if the amendment made by section 1 had applied to such entry or withdrawal, shall be liquidated or reliquidated as though such entry or withdrawal had occurred on such 15th day.

Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1994, the duty on certain organic chemicals.

A bill to extend temporarily the suspension of duty on certain chemicals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Recreation Lakes Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Lakes created by Federal dam projects have become powerful magnets for diverse recreation activities, drawing hundreds of millions of visits annually and generating tens of billions of dollars in economic benefits. (2) Recreational opportunities are provided at such lakes, on surrounding lands, and on downstream waters, by Federal agencies and through partnerships among Federal, State, and local government agencies and private persons. (b) Purposes.--The purposes of this Act are the following: (1) To require Federal agencies responsible for management of lakes created by Federal dam projects to pursue strategies for enhancing recreational experiences at such lakes. (2) To direct Federal agencies to utilize creative management of lakes created by Federal dam projects that optimizes both recreational opportunities and other purposes of such projects, including the provision of agricultural and municipal water supplies, flood control and navigation benefits, and production of hydroelectric power, as applicable. SEC. 3. DEFINITIONS. In this Act: (1) Council.--The term ``Council'' means the Federal Lakes Recreation Leadership Council, an interdepartmental coordinating body established by a memorandum of agreement among the Secretary of Agriculture, the Secretary of the Army, the Secretary of the Interior, and the Chairman of the Tennessee Valley Authority dated October 27, 1999. (2) Federal manmade lake.--The term ``Federal manmade lake'' means-- (A) any impoundment or diversion of water that is part of a water resources project operated, maintained, or constructed by any Federal agency and that has a maximum storage capacity of 50 acre feet or more; and (B) any water downstream of such an impoundment or diversion. (3) Federal lake management agency.--The term ``Federal lake management agency'' means any Federal agency that manages a Federal manmade lake. (4) National demonstration lakes.--The term ``National Demonstration Lake'' means a federal manmade lake that is designated as a National Demonstration Lake in accordance with section 6. (5) Recreation.--The term ``recreation'' means-- (A) any water-related recreational activity that may take place on or in a Federal manmade lake, including boating, swimming, fishing, sailing, and diving; (B) any water-related recreational activity that may take place below the impoundment creating a Federal manmade lake, including rafting, kayaking, canoeing, and fishing; and (C) any recreational activities that take place on federally managed lands in the vicinity of the Federal manmade lake, including fishing and wildlife-related activities, that are allowed under existing land management plans. SEC. 4. RECREATION AS AUTHORIZED PURPOSE OF ALL FEDERAL MANMADE LAKE PROJECTS. (a) In General.--The head of each Federal lake management agency shall-- (1) treat recreation as an authorized purpose of each Federal manmade lake that is managed by the agency; and (2) give recreation appropriate attention in all agency decisions and policies relating to such Federal manmade lakes. (b) Downstream Waters.--The head of each Federal agency shall, in conducting any activity relating to waters that are downstream waters of a Federal manmade lake, consider recreation uses of such waters. (c) Reports.-- (1) Initial report by federal lake management agencies.-- Not later than 12 months after the date of the enactment of this Act, the head of each Federal lake management agency shall submit a report to the Congress and the Council that describes -- (A) actions taken by the agency to communicate to personnel of the agency the requirements of this Act and other laws relating to recreation use of Federal manmade lakes; and (B) actions to be taken by the agency to expand recreation opportunities at Federal manmade lakes, including a schedule for taking such actions (2) Council.--Not later than 36 months after the date of the enactment of this Act, and every 24 months thereafter, the Council, or if the Council does not exist the head of each Federal lake management agency that manages 50 or more Federal manmade lakes, shall submit a report to the Congress describing actions take by the members of the Council or such agency, as applicable, to expand recreation opportunities at Federal manmade lakes. (d) Relationship to Other Law.--This Act does not affect-- (1) any other authorized purposes of any Federal manmade lake; (2) any contract entered into before the date of the enactment of this Act; or (3) the authority of States to manage fish and wildlife. SEC. 5. RECREATION FEE DEMONSTRATION PROGRAM. Section 315 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a note) is amended-- (1) in subsection (a)-- (A) by inserting ``, the Bureau of Reclamation,'' after ``the National Park Service''; (B) by striking ``Service) and'' and inserting ``Service),''; and (C) by inserting before ``shall each'' the following: ``, and the Secretary of the Army (acting through the Corps of Engineers)''; (2) in subsection (b) by striking ``four agencies'' and inserting ``6 agencies''; and (3) in subsection (e)-- (A) by striking ``and'' and inserting a comma; and (B) by inserting ``, and the Secretary of the Army'' before ``shall carry out''. SEC. 6. ESTABLISHMENT OF NATIONAL RECREATION LAKES DEMONSTRATION PROGRAM. (a) Establishment.--There is established the National Recreation Lakes Demonstration Program. The program shall consist of the conduct of activities in accordance with this section at up to 20 National Demonstration Lakes designated in accordance with this section. (b) Designation of National Demonstration Lakes.-- (1) In general.--The head of each participating Federal lake management agency under paragraph (2) may designate Federal manmade lakes that are managed by the agency as National Demonstration Lakes. The total number of Federal manmade lakes designated by each agency may not exceed the number allocated to the agency by the Council. (2) Participating agencies.--For purposes of paragraph (1), the participating Federal lake management agencies are the following: (A) The Corps of Engineers. (B) The Bureau of Reclamation. (C) The Forest Service. (D) The Bureau of Indian Affairs. (E) The United States Fish and Wildlife Service. (F) The National Park Service. (G) The Tennessee Valley Authority. (H) The Bureau of Land Management. (3) Criteria.--The Council shall develop and issue criteria for use by participating agencies in the selecting candidates for designation as National Demonstration Lakes. The Council shall consult with participating agencies to encourage geographic and opportunity diversity. (4) Allocation of lakes.--The Council shall allocate to each participating agency under paragraph (2) a maximum number of Federal manmade lakes that the agency may designate as National Demonstration Lakes. (5) Effective period of designation.--A designation of a Federal manmade lake as a National Demonstration Lake shall be effective for a period specified by the agency head making the designation, not to exceed 10 years. (c) Authorized Activities.-- (1) In general.--Subject to paragraph (2), the head of a participating Federal lake management agency may conduct at a National Demonstration Lake managed by the agency any activity to experiment with fees, concessions agreements, and innovative management structures, notwithstanding any requirement or restriction under any other law. (2) Enhancement of recreation activities.--The head of a participating Federal lake management agency may not conduct any activity under this subsection unless the activity enhances opportunities for recreation activities that occur on a National Demonstration Lake managed by the agency or other recreation activities that occur in proximity to such a lake. (d) Local Advisory Committees.-- (1) In general.--The head of a participating Federal lake management agency shall establish, for each National Demonstration Lake managed by the agency, an advisory committee comprised of State and local government and private sector representatives. (2) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any advisory committee established under this section. (e) Reports.--The head of each participating Federal lake management agency shall periodically report to the Congress regarding activities of the agency under this section. SEC. 7. PERIODIC REVIEW AND REVISION OF OPERATING POLICIES FOR FEDERAL MANMADE LAKES. The head of each Federal lake management agency shall-- (1) conduct a comprehensive review of its operating policies for Federal manmade lakes managed by the agency, at least once every 15 years; and (2) revise such policies as necessary to incorporate new information and ensure coordinated management of such lakes to produce high levels of benefits for all authorized purposes of the lakes. SEC. 8. REVISED COST SHARING REQUIREMENTS FOR RECREATION PROJECTS. (a) In General.--Notwithstanding any other provision of law, the Federal share of the costs to construct, reconstruct, or operate facilities for recreation at a Federal manmade lake, including the costs of lands, may be 100 percent. (b) Conforming Amendments to Federal Water Project Recreation Act.--The Federal Water Project Recreation Act is amended-- (1) in section 2 (16 U.S.C. 460l-13)-- (A) in subsection (a) by striking ``and to bear'' and all that follows through ``recreation,''; and (B) in subsection (b)-- (i) by striking ``recreation and''; and (ii) by striking ``recreation or''; (2) in section 3 (16 U.S.C. 460l-14)-- (A) in subsection (b)(1) by striking ``and will bear'' the first place it appears and all that follows through ``recreation,''; and (B) in subsection (c) by striking paragraph (2); and (3) in section 4 (16 U.S.C. 460l-15) by striking ``recreation and'' and all that follows through ``those purposes''. SEC. 9. ASSISTANCE TO UNITS OF LOCAL GOVERNMENT IN VICINITY OF NATIONAL DEMONSTRATION LAKES. (a) In General.--The head of any Federal lake management agency that manages a National Demonstration Lake may carry out activities to improve communications and cooperation between the agency and local community interests in the vicinity of the lake with respect to such management, including planning, advisory boards, marketing, and other activities. (b) Authorization of Appropriations.--There are authorized to be appropriated for each fiscal year to remain available until expended-- (1) to the head of each Federal lake management agency that manages a National Demonstration Lake $1,000,000 for each such lake to carry out this section; and (2) to the Secretary of the Interior $2,000,000 to coordinate activities of Federal lake management agencies under this section. SEC. 10. USE OF FEDERAL WATER PROJECT FUNDING FOR MATCHING REQUIREMENTS FOR RECREATION PROJECTS AT NATIONAL DEMONSTRATION LAKES. (a) Federal Aid in Fish Restoration Act.--The Act of August 9, 1950 (chapter 658; 16 U.S.C. 777 et seq.), popularly known as the Federal Aid in Fish Restoration Act, is amended by striking the second section 13 and inserting the following: ``SEC. 14. APPLICATION OF FEDERAL WATER PROJECT SPENDING TO NON-FEDERAL SHARE OF COVERED RECREATION PROJECTS. ``(a) In General.--The use for any covered recreation project of amounts appropriated for a Federal water project shall be treated as payment of the non-Federal share of costs required under this Act. ``(b) Definitions.--In this section: ``(1) Covered recreation project.--The term `covered recreation project' means construction or reconstruction of facilities for recreation at a National Demonstration Lake that is carried out with assistance under this Act. ``(2) Other terms.--Each of the terms `National Demonstration Lake' and `recreation' has the meaning that term has in section 2 of the National Recreation Lakes Act.''. (b) Federal Aid in Wildlife Restoration Act.--The Act of September 2, 1937 (chapter 899; 16 U.S.C. 669 et seq.), popularly known as the Federal Aid in Wildlife Restoration Act, is amended by adding at the end the following: ``SEC. 11. APPLICATION OF FEDERAL WATER PROJECT SPENDING TO NON-FEDERAL SHARE OF RECREATION PROJECTS. ``(a) In General.--The use for any covered recreation project of amounts appropriated for a Federal water project shall be treated as payment of the non-Federal share of costs required under this Act. ``(b) Definitions.--In this section: ``(1) Covered recreation project.--The term `covered recreation project' means construction or reconstruction of facilities for recreation at a National Demonstration Lake that is carried out with assistance under this Act. ``(2) Other terms.--Each of the terms `National Demonstration Lake' and `recreation' has the meaning that term has in section 2 of the National Recreation Lakes Act.''.

Amends the Land and Water Conservation Fund Act of 1965 to provide for the participation of the Bureau of Reclamation and the Army Corps of Engineers in an existing recreation fee demonstration program. Establishes the National Recreation Lakes Demonstration Program. Authorizes the Federal share of costs to construct, reconstruct, or operate facilities for recreation at a Federal manmade lake to be 100 percent.

National Recreation Lakes Act

SECTION 1. EXTENSION OF AUTHORITY. Section 7 of the Export-Import Bank Act of 1945 (12 U.S.C. 635f) is amended by striking ``1997'' and inserting ``2001''. SEC. 2. TIED AID CREDIT FUND AUTHORITY. (a) Section 10(c)(2) of the Export-Import Bank Act of 1945 (12 U.S.C. 635i-3(c)(2)) is amended by striking ``through September 30, 1997''. (b) Section 10(e) of such Act (12 U.S.C. 635i-3(e)) is amended by striking the first sentence and inserting the following: ``There are authorized to be appropriated to the Fund such sums as may be necessary to carry out the purposes of this section.''. SEC. 3. EXTENSION OF AUTHORITY TO PROVIDE FINANCING FOR THE EXPORT OF NONLETHAL DEFENSE ARTICLES OR SERVICES THE PRIMARY END USE OF WHICH WILL BE FOR CIVILIAN PURPOSES. Section 1(c) of Public Law 103-428 (12 U.S.C. 635 note; 108 Stat. 4376) is amended by striking ``1997'' and inserting ``2001''. SEC. 4. CLARIFICATION OF PROCEDURES FOR DENYING CREDIT BASED ON THE NATIONAL INTEREST. Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(B)) is amended-- (1) in the last sentence, by inserting ``, after consultation with the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate,'' after ``President''; and (2) by adding at the end the following: ``Each such determination shall be delivered in writing to the President of the Bank, shall state that the determination is made pursuant to this section, and shall specify the applications or categories of applications for credit which should be denied by the Bank in furtherance of the national interest.''. SEC. 5. ADMINISTRATIVE COUNSEL. Section 3(e) of the Export-Import Bank Act of 1945 (12 U.S.C. 635a(e)) is amended-- (1) by inserting ``(1)'' after ``(e)''; and (2) by adding at the end the following: ``(2) The General Counsel of the Bank shall ensure that the directors, officers, and employees of the Bank have available appropriate legal counsel for advice on, and oversight of, issues relating to ethics, conflicts of interest, personnel matters, and other administrative law matters by designating an attorney to serve as Assistant General Counsel for Administration, whose duties, under the supervision of the General Counsel, shall be concerned solely or primarily with such issues.''. SEC. 6. ADVISORY COMMITTEE FOR SUB-SAHARAN AFRICA. (a) In General.--Section 2(b) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)) is amended by inserting after paragraph (8) the following: ``(9)(A) The Board of Directors of the Bank shall take prompt measures, consistent with the credit standards otherwise required by law, to promote the expansion of the Bank's financial commitments in sub-Saharan Africa under the loan, guarantee, and insurance programs of the Bank. ``(B)(i) The Board of Directors shall establish and use an advisory committee to advise the Board of Directors on the development and implementation of policies and programs designed to support the expansion described in subparagraph (A). ``(ii) The advisory committee shall make recommendations to the Board of Directors on how the Bank can facilitate greater support by United States commercial banks for trade with sub-Saharan Africa. ``(iii) The advisory committee shall terminate 4 years after the date of the enactment of this subparagraph.''. (b) Reports to the Congress.--Within 6 months after the date of the enactment of this Act, and annually for each of the 4 years thereafter, the Board of Directors of the Export-Import Bank of the United States submit to the Congress a report on the steps that the Board has taken to implement section 2(b)(9)(B) of the Export-Import Bank Act of 1945 and any recommendations of the advisory committee established pursuant to such section. SEC. 7. INCREASE IN LABOR REPRESENTATION ON THE ADVISORY COMMITTEE OF THE EXPORT-IMPORT BANK. Section 3(d)(2) of the Export-Import Bank Act of 1945 (12 U.S.C. 635a(d)(2)) is amended-- (1) by inserting ``(A)'' after ``(2)''; and (2) by adding after and below the end the following: ``(B) Not less than 2 members appointed to the Advisory Committee shall be representative of the labor community.''. SEC. 8. OUTREACH TO COMPANIES. Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)) is amended by adding at the end the following: ``(I) The Chairman of the Bank shall design and implement a program to provide information about Bank programs to companies which have not participated in Bank programs. Not later than 1 year after the date of the enactment of this subparagraph, the Chairman of the Bank shall submit to the Congress a report on the activities undertaken pursuant to this subparagraph.''. SEC. 9. FIRMS THAT HAVE SHOWN A COMMITMENT TO REINVESTMENT AND JOB CREATION IN THE UNITED STATES TO BE GIVEN PREFERENCE IN FINANCIAL ASSISTANCE DETERMINATIONS. Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)), as amended by section 8 of this Act, is amended by adding at the end the following: ``(J) The Board of Directors of the Bank shall prescribe such regulations and the Bank shall implement such procedures as may be appropriate to ensure that, in selecting from among firms to which to provide financial assistance, preference be given to any firm that has shown a commitment to reinvestment and job creation in the United States.''.

Amends the Export-Import Bank Act of 1945 to extend the authority of the Export-Import Bank of the United States through FY 2001. Reauthorizes the Bank's tied aid credit program. (Sec. 3) Extends, through FY 2001, the Bank's authority to extend credit for the sale to a foreign country of nonlethal defense articles or services the primary end use of which will be for civilian purposes. (Sec. 4) Revises Bank procedures governing the denial of the extension of credit to foreign countries based on the national interest to: (1) require the President to consult with specified congressional committees before determining that such a denial is in the U.S. national interest; and (2) require written notification to the President of the Bank of such determination, including the applications or categories of applications for credit which should be denied. (Sec. 5) Directs the General Counsel of the Bank to designate an attorney to serve as Assistant General Counsel for Administration, whose duties shall include oversight of and advice to Bank directors, officers, and employees on ethics, conflicts of interest, personnel, and other administrative matters. (Sec. 6) Requires the Board of Directors of the Bank to: (1) take prompt measures to promote the expansion of its loan, guarantee, and insurance programs in sub-Saharan Africa; (2) establish an advisory committee to advise it on the implementation of policies and programs to support such expansion; and (3) report annually to the Congress on steps it has taken to implement such policies and programs and any advisory committee recommendations. (Sec. 7) Revises the composition of the Advisory Committee of the Bank to include the appointment of not less than two members from the labor community. (Sec. 8) Directs the Chairman of the Bank to: (1) implement a program to provide information about its programs to companies which have not previously participated in them; and (2) report to the Congress on such activities within one year of enactment of this Act. (Sec. 9) Directs the Board of Directors of the Bank to implement procedures to ensure that, in selecting firms to which to provide financial assistance, preference is given to those that have shown a commitment to reinvestment and job creation in the United States. (Sec. 10) Directs the Board of Directors of the Bank to give preference to entities that adhere to certain environmental and fair employment principles under a corporate code of conduct when determining whether to guarantee, insure, or extend credit to an entity (except a small business) with respect to the export of any good or service to China. Directs the Bank to work with the Clearinghouse on Corporate Responsibility that is being developed by the Department of Commerce to ensure that recipients of such assistance are made aware of, and have access to, resources and organizations that can assist them in developing and monitoring global codes of corporate conduct. (Sec. 11) Changes the name of the Export-Import Bank of the United States to the United States Export Bank. (Sec. 12) Requires the President to notify the Bank of any transfer by Russia of an SS-N-22 or SS-N-26 missile system to China. Directs the Bank, upon notification, to deny any guarantee, insurance, or extension of credit in connection with the export of any good or service to Russia. (Sec. 13) Prohibits the Bank from guaranteeing, insuring, or extending credit with respect to the export of any good or service to an entity that: (1) employs children in violation of U.S. law regarding child labor; or (2) has not made a binding commitment to not employ children in such manner.

To reauthorize the Export-Import Bank of the United States.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Parks Capital Improvements Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Fundraising organization. Sec. 4. Memorandum of agreement. Sec. 5. National park surcharge or set-aside. Sec. 6. Use of bond proceeds. Sec. 7. Administration. SEC. 2. DEFINITIONS. In this Act: (1) Fundraising organization.--The term ``fundraising organization'' means an entity authorized to act as a fundraising organization under section 3(a). (2) Memorandum of agreement.--The term ``memorandum of agreement'' means a memorandum of agreement entered into by the Secretary under section 3(a) that contains the terms specified in section 4. (3) National park foundation.--The term ``National Park Foundation'' means the foundation established under the Act entitled ``An Act to establish the National Park Foundation'', approved December 18, 1967 (16 U.S.C. 19e et seq.). (4) National park.--The term ``national park'' means-- (A) the Grand Canyon National Park; and (B) any other national park designated by the Secretary that has an approved general management plan with capital needs in excess of $5,000,000. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FUNDRAISING ORGANIZATION. (a) In General.--The Secretary may enter into a memorandum of agreement under section 4 with an entity to act as an authorized fundraising organization for the benefit of a national park. (b) Bonds.--The fundraising organization for a national park shall issue taxable bonds in return for the surcharge or set-aside for that national park collected under section 5. (c) Professional Standards.--The fundraising organization shall abide by all relevant professional standards regarding the issuance of securities and shall comply with all applicable Federal and State law. (d) Audit.--The fundraising organization shall be subject to an audit by the Secretary. (e) No Liability for Bonds.-- (1) In general.--The United States shall not be liable for the security of any bonds issued by the fundraising organization. (2) Exception.--If the surcharge or set-aside described in section 5(a) for a national park is not imposed for any reason, or if the surcharge or set-aside is reduced or eliminated, the full faith and credit of the United States is pledged to the payment of-- (A) the bonds issued by a fundraising organization under subsection (b) for that national park; and (B) the interest accruing on the bonds. SEC. 4. MEMORANDUM OF AGREEMENT. The fundraising organization shall enter into a memorandum of agreement that specifies-- (1) the amount of the bond issue; (2) the maturity of the bonds, not to exceed 20 years; (3) the per capita amount required to amortize the bond issue, provide for the reasonable costs of administration, and maintain a sufficient reserve consistent with industry standards; (4) the project or projects at the national park that will be funded with the bond proceeds and the specific responsibilities of the Secretary and the fundraising organization with respect to each project; and (5) procedures for modifications of the agreement with the consent of both parties based on changes in circumstances, including modifications relating to project priorities. SEC. 5. NATIONAL PARK SURCHARGE OR SET-ASIDE. (a) In General.--Notwithstanding any other provision of law, the Secretary may authorize the superintendent of a national park for which a memorandum of agreement is in effect-- (1) to charge and collect a surcharge in an amount not to exceed $2 for each individual otherwise subject to an entrance fee for admission to the national park; or (2) to set aside not more than $2 for each individual charged the entrance fee. (b) Surcharge in Addition to Entrance Fees.--A surcharge under subsection (a) shall be in addition to any entrance fee collected under-- (1) section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a); (2) the recreational fee demonstration program authorized by section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in Public Law 104-134; 110 Stat. 1321-156; 1321-200; 16 U.S.C. 460l-6a note); or (3) the national park passport program established under title VI of the National Parks Omnibus Management Act of 1998 (Public Law 105-391; 112 Stat. 3518; 16 U.S.C. 5991 et seq.). (c) Limitation.--The total amount charged or set aside under subsection (a) may not exceed $2 for each individual charged an entrance fee. (d) Use.--A surcharge or set-aside under subsection (a) shall be used by the fundraising organization to-- (1) amortize the bond issue; (2) provide for the reasonable costs of administration; and (3) maintain a sufficient reserve consistent with industry standards, as determined by the bond underwriter. (e) Excess Funds.--Any funds collected in excess of the amount necessary to fund the uses in subsection (d) shall be remitted to the National Park Foundation to be used for the benefit of all units of the National Park System. SEC. 6. USE OF BOND PROCEEDS. (a) Eligible Projects.-- (1) In general.--Subject to paragraph (2), bond proceeds under this Act may be used for a project for the design, construction, operation, maintenance, repair, or replacement of a facility in the national park for which the bond was issued. (2) Project limitations.--A project referred to in paragraph (1) shall be consistent with-- (A) the laws governing the National Park System; (B) any law governing the national park in which the project is to be completed; and (C) the general management plan for the national park. (3) Prohibition on use for administration.--Other than interest as provided in subsection (b), no part of the bond proceeds may be used to defray administrative expenses. (b) Interest on Bond Proceeds.-- (1) Authorized uses.--Any interest earned on bond proceeds may be used by the fundraising organization to-- (A) meet reserve requirements; and (B) defray reasonable administrative expenses incurred in connection with the management and sale of the bonds. (2) Excess interest.--All interest on bond proceeds not used for purposes of paragraph (1) shall be remitted to the National Park Foundation for the benefit of all units of the National Park System. SEC. 7. ADMINISTRATION. The Secretary, in consultation with the Secretary of Treasury, shall promulgate regulations to carry out this Act.

Exempts the United States from liability for such bonds unless the surcharge is not imposed for any reason or if it is reduced or eliminated in which case the full faith and credit of the United States is pledged to bond payment. Authorizes the Secretary to: (1) permit the Superintendent of the park to charge and collect, in addition to the entrance fee, a surcharge of not to exceed $2; or (2) set aside not more than $2 for each entrance fee. Requires: (1) the surcharge or set-aside to be used by the organization to amortize the bond issue, to provide for the reasonable costs of administration, and to maintain a sufficient reserve consistent with industry standards; and (2) any excess funds to be remitted to the National Park Foundation (NPF) to be used for the benefit of all National Park System (NPS) units. Allows bond proceeds to be used for a park facility project that is consistent with: (1) the laws governing the NPS and the park; and (2) the general management plan for the park. Requires interest earned on bond proceeds to be: (1) used by the organization to meet reserve requirements and defray reasonable administrative expenses; and (2) remitted to the NPF for the benefit of all NPS units, to the extent funds are available in excess of the amount required for projects.

National Parks Capital Improvements Act of 1999

SECTION 1. SHORT TITLE. The Act may be cited as the ``Biometric Exit Improvement Act of 2013''. SEC. 2. BIOMETRIC EXIT DATA SYSTEM. (a) Establishment.--The Secretary of Homeland Security shall-- (1) not later than 180 days after the date of the enactment of this Act, submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an implementation plan to establish a biometric exit data system in accordance with section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), including-- (A) an estimate of the time needed to establish such a system; (B) an estimate of operational and maintenance costs of such a system; (C) staffing and personnel requirements of such a system; (D) an assessment of the training programs necessary to establish such a system; (E) an assessment of how such a system will affect wait times; and (F) information received after consultation with private sector stakeholders; (2) not later than two years after the date of the enactment of this Act, establish a biometric exit data system at-- (A) the ten United States airports that support the highest volume of international air travel, as determined by available Federal flight data; and (B) the ten United States seaports that support the highest volume of international sea travel, as determined by available Federal travel data; and (3) not later than three years after the date of the enactment of this Act, submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report, in accordance with subsection (d), that analyzes the effectiveness of the biometric exit data system referred to in paragraph (1) at the ten international airports and ten international seaports described in paragraph (2). (b) Implementation.-- (1) Pilot program for non-pedestrian outbound traffic.-- (A) In general.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security shall establish a six-month pilot program to test the biometric exit data system referred to in subsection (a)(2) on non-pedestrian outbound traffic at not fewer than three land ports of entry with significant cross-border traffic, including at not fewer than two land ports of entry on the southern border and at at least one land port of entry on the northern border. Such pilot program may include a consideration of more than one biometric mode, and shall be implemented to determine the following: (i) The feasibility of implementing biometric exit data systems at land ports of entry nationwide. (ii) The infrastructure required to carry out clause (i). (iii) The effects of such pilot program on legitimate travel and trade. (iv) The effects of such pilot program on wait times for such non-pedestrian traffic. (B) GAO review.--Not later than 30 days after the conclusion of the pilot program under subparagraph (A), the Secretary of Homeland Security shall submit the results of the determinations made pursuant to such subparagraph to the Government Accountability Office for review. Not later than 90 days after the Government Accountability Office receives such results, the Comptroller General of the United States shall submit to the Secretary of Homeland Security and the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a review of such results. (C) Operation.--Not later than 90 days after receiving the GAO review referred to in subparagraph (B), the Secretary of Homeland Security shall, based on such review and the results of the determinations under subparagraph (A), submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan to implement a biometric exit data system at all land ports of entry for non-pedestrian outbound traffic. (2) At land ports of entry for pedestrians.--Not later than three years after the date of the enactment of this Act, the Secretary of Homeland Security shall expand the biometric exit data system referred to in subsection (a)(2) to all land ports of entry, and such system shall apply only in the case of pedestrians. (3) At air and sea ports of entry.--Not later than five years after the date of the enactment of this Act, the Secretary of Homeland Security shall expand the biometric exit data system referred to in subsection (a)(2) to all air and sea ports of entry. (c) Effects on Air, Sea, and Land Transportation.--The Secretary of Homeland Security, in consultation with appropriate private sector stakeholders, shall ensure that the collection of biometric data under this section causes the least possible disruption to the movement of passengers or cargo in air, sea, or land transportation. (d) Determination.--In making the analysis required under subsection (a)(3), the Secretary of Homeland Security shall consider the effects of the collection of biometric data under this section on wait time for air and sea travelers and any other significant disruption to the movement of passengers or cargo in air or sea transportation. (e) Termination of Proceeding.--Notwithstanding any other provision of law, the Secretary of Homeland Security shall, on the date of the enactment of this Act, terminate the proceeding entitled ``Collection of Alien Biometric Data Upon Exit From the United States at Air and Sea Ports of Departure'', issued on April 24, 2008 (73 C.F.R. 22065; DHS Docket No. 2008-0039). (f) Scope.--The biometric exit data system established under this section shall include a requirement for the collection of biometric exit data for all categories of individuals who are required to provide biometric entry data. (g) Collection of Data.--The Secretary of Homeland Security may not require any non-Federal person to collect biometric data pursuant to the biometric exit data system established under this section, except through a contractual agreement.

Biometric Exit Improvement Act of 2013 - Directs the Secretary of Homeland Security (DHS): (1) within 180 days, to submit an implementation plan to establish a biometric exit data system in accordance with the Intelligence Reform and Terrorism Prevention Act of 2004; (2) within 2 years, to establish such a system at the 10 U.S. airports and the 10 U.S. seaports that support the highest volume of international air and sea travel, respectively; and (3) within 3 years, to submit a report that analyzes the effectiveness of such system at such airports and seaports. Directs the Secretary: (1) within 18 months, to establish a 6-month pilot program to test such system on non-pedestrian outbound traffic at not fewer than three land ports of entry with significant cross-border traffic, including two on the southern border and one on the northern border; (2) after receiving a Government Accounting Office (GAO) review of such program, to submit a plan to implement such a system at all land ports of entry for non-pedestrian outbound traffic; (3) within 3 years, to expand the system to all land ports of entry to apply only to pedestrians; and (4) within 5 years, to expand the system to all air and sea ports of entry. Requires the Secretary: (1) to ensure that the collection of biometric data causes the least possible disruption to the movement of passengers or cargo in air, sea, or land transportation; and (2) upon this Act's enactment, to terminate the proceeding entitled "Collection of Alien Biometric Data Upon Exit From the United States at Air and Sea Ports of Departure," issued on April 24, 2008.

Biometric Exit Improvement Act of 2013

SECTION 1. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL CHARTER. The Congressional Medal of Honor Museum of the United States, a nonprofit corporation organized under the laws of the State of New York, is recognized as such and is granted a Federal charter. SEC. 2. POWERS. The Congressional Medal of Honor Museum of the United States (in this Act referred to as the ``corporation'') shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State in which it is incorporated and subject to the laws of such State. SEC. 3. OBJECTS AND PURPOSES. The objects and purposes of the corporation are those provided for in its bylaws and articles of incorporation and shall include the following: (1) Preserving the memory and history of medal of honor recipients. (2) Preserving artifacts and records of medal of honor recipients that are donated or loaned to the museum in order to honor the memory and history of such recipients, to display such artifacts and records for educational purposes, and to encourage research relating to such artifacts and records. (3) Educating the people of the United States on the value of the medal of honor. (4) Inspiring and stimulating the youth of the United States to become worthy citizens of the United States. SEC. 4. SERVICE OF PROCESS. With respect to service of process, the corporation shall comply with the laws of the State in which it is incorporated and those States in which it carries on its activities in the furtherance of its corporate purposes. SEC. 5. MEMBERSHIP. Except as provided in section 8, eligibility for membership in the corporation and the rights and privileges of members of the corporation shall be as provided in the articles of incorporation and bylaws of the corporation. SEC. 6. BOARD OF DIRECTORS. Except as provided in section 8, the composition of the board of directors of the corporation and the responsibilities of such board shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 7. OFFICERS OF CORPORATION. Except as provided in section 8, the positions of officers of the corporation and the election of members to such positions shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 8. PROHIBITION AGAINST DISCRIMINATION. In establishing the conditions of membership in the corporation and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, handicap, age, or national origin. SEC. 9. RESTRICTIONS. (a) Income and Compensation.--No part of the income or assets of the corporation may inure to the benefit of any member, officer, or director of the corporation or be distributed to any such individual during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) Loans.--The corporation may not make any loan to any officer, director, or employee of the corporation. (c) Stock.--The corporation shall have no power to issue any shares of stock or to declare or pay any dividends. (d) Congressional Approval.--The corporation shall not claim congressional approval or the authorization of the Federal Government for any of its activities by reason of this Act. SEC. 10. LIABILITY. The corporation shall be liable for the acts of its officers and agents whenever such officers and agents have acted within the scope of their authority. SEC. 11. BOOKS AND RECORDS. The corporation shall keep correct and complete books and records of account and minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep, at its principal office, a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. All books and records of such corporation may be inspected by any member having the right to vote in any corporation proceeding, or by any agent or attorney of such member, for any proper purpose at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law. SEC. 12. AUDIT OF FINANCIAL TRANSACTIONS. The first section of the Act entitled ``An Act to provide for the audit of accounts of private corporations established under Federal law'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end the following: ``(77) The Congressional Medal of Honor Museum of the United States.''. SEC. 13. ANNUAL REPORT. The corporation shall report annually to Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as the report of the audit required by section 2 of the Act referred to in section 12. The report shall not be printed as a public document. SEC. 14. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER. The right to alter, amend, or repeal this Act is expressly reserved to Congress. SEC. 15. TAX-EXEMPT STATUS. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986. If the corporation fails to maintain such status, the charter granted by this Act shall expire. SEC. 16. TERMINATION. The charter granted by this Act shall expire if the corporation fails to comply with-- (1) any restriction or other provision of this Act; (2) any provision of its bylaws or articles of incorporation; or (3) any provision of the laws of the State of New York that apply to corporations such as the corporation recognized under this Act. SEC. 17. DEFINITION. For the purposes of this Act, the term ``State'' includes the District of Columbia, the commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.

Grants a Federal charter to the Congressional Medal of Honor Museum of the United States.

A bill to grant a Federal charter to the Congressional Medal of Honor Museum of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Emergency Management Agency Buy American Compliance Act''. SEC. 2. APPLICABILITY OF BUY AMERICAN REQUIREMENTS TO FEMA ASSISTANCE. (a) Definitions.--In this Act: (1) Agency.--The term ``Agency'' means the Federal Emergency Management Agency. (2) Agreement.--The term ``Agreement'' has the meaning given the term in section 308 of the Trade Agreements Act of 1979 (19 U.S.C. 2518). (3) Director.--The term ``Director'' means the Director of the Federal Emergency Management Agency. (4) Domestic product.--The term ``domestic product'' means a product that is mined, produced, or manufactured in the United States. (5) Product.--The term ``product'' means-- (A) steel; (B) iron; and (C) any other article, material, or supply. (b) Requirement To Use Domestic Products.--Except as provided in subsection (c), the Director shall require, as a condition of any financial assistance provided by the Agency on a nonemergency basis for a construction project, that the construction project use only domestic products. (c) Waivers.-- (1) In general.--Except as provided in paragraph (2), the requirements of subsection (b) shall not apply in any case in which the Director determines that-- (A) the use of a domestic product would be inconsistent with the public interest; (B) a domestic product-- (i) is not produced in a sufficient and reasonably available quantity; or (ii) is not of a satisfactory quality; or (C) the use of a domestic product would increase the overall cost of the construction project by more than 25 percent. (2) Limitation on applicability of waivers with respect to products produced in certain foreign countries.--A product of a foreign country shall not be used in a construction project under a waiver granted under paragraph (1) if the Director, in consultation with the United States Trade Representative, determines that-- (A) the foreign country is a signatory country to the Agreement under which the head of an agency of the United States waived the requirements of this section; and (B) the signatory country violated the Agreement under section 305(f)(3)(A) of the Trade Agreements Act of 1979 (19 U.S.C. 2515(f)(3)(A)) by discriminating against a domestic product that is covered by the Agreement. (d) Calculation of Costs.--For the purposes of subsection (c)(1)(C), any labor cost involved in the final assembly of a domestic product shall not be included in the calculation of the cost of the domestic product. (e) State Requirements.--The Director shall not impose any limitation or condition on assistance provided by the Agency that restricts-- (1) any State from imposing more stringent requirements than this section on the use of articles, materials, and supplies mined, produced, or manufactured in foreign countries in construction projects carried out with Agency assistance; or (2) any recipient of Agency assistance from complying with a State requirement described in paragraph (1). (f) Report on Waivers.--The Director shall annually submit to Congress a report on the purchases from countries other than the United States that are waived under subsection (c)(1) (including the dollar values of items for which waivers are granted under subsection (c)(1)). (g) Intentional Violations.-- (1) In general.--A person described in paragraph (2) shall be ineligible to enter into any contract or subcontract carried out with financial assistance made available by the Agency in accordance with the debarment, suspension, and ineligibility procedures of subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations (or any successor regulation). (2) Persons ineligible to receive contract or subcontract.--A person referred to in paragraph (1) is any person that a court of the United States or a Federal agency determines-- (A) has affixed a label bearing a ``Made in America'' inscription (or any inscription with the same meaning) to any product that is not a domestic product that-- (i) was used in a construction project to which this section applies; or (ii) was sold in or shipped to the United States; or (B) has represented that a product that is not a domestic product, that was sold in or shipped to the United States, and that was used in a construction project to which this section applies, was produced in the United States.

Provides authorized waivers of such requirement. Prohibits the application of the authorized waivers with respect to a product of a foreign country that is a signatory country to the Agreement on Government Procurement but that has violated such Agreement by discriminating against a covered U.S. product. Prohibits the Director from imposing any assistance limitation that restricts more stringent State Buy American requirements. Makes a person ineligible to enter into a contract or subcontract for a project carried out with financial assistance made available by the Agency if a U.S. court or agency has determined that such person has affixed a "Made in America" label to any product used in such a project, or otherwise has represented that a product was produced in the United States, when it was not.

Federal Emergency Management Agency Buy American Compliance Act

SECTION 1. SUMMER CAMPS. (a) Program.-- (1) In general.--The Director shall carry out a program to award grants to institutions of higher education or eligible nonprofit organizations (or consortia of such institutions and organizations) to develop and operate summer science and mathematics camps for middle school and high school students. The camps shall be designed to promote the interest of children in science, mathematics, and technology and to increase their knowledge of these subjects. (2) Distribution of awards.--The Director shall, in awarding grants under this section, consider the distribution of awards among institutions and organizations of different sizes and geographic locations. (3) Merit review.--Grants shall be provided under this section on a competitive, merit-reviewed basis. (4) Use of grants.--Grant funds may be used to-- (A) develop educational programs and materials for use in the summer science and mathematics camps; and (B) cover the costs of operating the summer camps, including the cost of attendance for students selected to attend the camps in accordance with subsection (b)(3). (b) Selection Process.-- (1) Application.--An applicant for an award under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum-- (A) a description of the educational program that will be offered by the science or mathematics summer camp that the applicant intends to operate; (B) a description of the process by which students will be selected to attend the summer camp; (C) the duration of the camp and the number of students who can be accommodated in the program each year; (D) identification of the individuals who will be involved in designing and implementing the educational program at the summer camp; and (E) evidence of the agreement required under paragraph (3). (2) Review of applications.--In evaluating the applications submitted under paragraph (1), the Director shall consider, at a minimum-- (A) the ability of the applicant to effectively carry out the program; (B) the novelty and educational value of the program to be offered at the summer camp; (C) the number of the students that will be served by the program; and (D) the extent to which the program is tailored to the needs of individuals from groups underrepresented in science and technology careers. (3) Eligibility requirement.--To be eligible to receive a grant under this section, an institution of higher education or eligible nonprofit organization (or consortia of such institutions and organizations) must enter into an agreement with one or more urban high-need local educational agencies to develop a process for selecting students from schools administered by the educational agencies to attend the science or mathematics summer camp. (c) Definitions.--In this section-- (1) The term ``Director'' means the Director of the National Science Foundation. (2) The term ``eligible nonprofit organization'' means a nonprofit organization, such as a museum or science center, that has expertise and experience in providing informal science and mathematics education for the public. (3) The term ``urban high-need local educational agency'' means a local educational agency that-- (A) is located in one of the 25 United States cities with the greatest numbers of children aged 5 to 17 living in poverty, based on data from the Census Bureau; and (B) has at least 1 school in which 50 percent or more of the enrolled students are eligible for participation in the free and reduced price lunch program established by the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (d) Authorization of Appropriations.--There are authorized to be appropriated to the National Science Foundation for the purposes of this section, $2,000,000 for fiscal year 2007, $2,050,000 for fiscal year 2008, $2,100,000 for fiscal year 2009, $2,150,000 for fiscal year 2010, and $2,200,000 for fiscal year 2011.

Requires the Director of the National Science Foundation to award grants to institutions of higher education or eligible nonprofit organizations to develop and operate summer camps designed to interest and instruct middle and high school students in science, mathematics, and technology. Conditions a nonprofit organization's eligibility on its expertise and experience in providing the public with informal science and mathematics education. Requires grantees to enter into agreements with urban high-need local educational agencies on processes for selecting disadvantaged students from schools administered by such agencies for attendance at such camps. Allows the use of grant funds to cover the cost of attendance by such students.

To provide for the National Science Foundation to make grants for the establishment of summer science and mathematics camps for middle school and high school students.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Dog Protection Act''. SEC. 2. PROHIBITIONS ON DOG FIGHTING VENTURES. (a) In General.--Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended to read as follows: (1) in subsection (a)(1)-- (A) by striking ``any person to knowingly sponsor'' and inserting ``any person-- ``(A) to knowingly sponsor''; (B) by striking the period at the end and inserting ``; or'' and (C) by adding at the end the following: ``(B) to knowingly sponsor or exhibit an animal in, or knowingly attend, a dog fighting venture.''; (2) in subsection (b)-- (A) by striking ``any person to knowingly sell'' and inserting ``any person-- ``(A) to knowingly sell''; (B) by striking the period at the end and inserting ``; or'' and (C) by adding at the end the following: ``(B) to knowingly sell, buy, possess, train, transport, deliver, or receive for purposes of transportation, any dog or other animal, for the purposes of having the dog or other animal, or offspring of the dog or other animal, participate in a dog fighting venture.''; (3) by striking subsection (c) and inserting the following: ``(c) Use of Postal Service or other interstate instrumentality It shall be unlawful for any person to knowingly use the mail service of the United States Postal Service or any instrumentality of interstate commerce for commercial speech that promotes, or in any other manner furthers, the actions prohibited by subsections (a), (b), or (e).''; (4) in subsection (f) by striking ``by the United States'' before ``for care of animals seized and forfeited''.; (5)(A) by redesignating subsections (g), (h), and (i) as subsections (h), (i), and (j), respectively; and (B) by inserting before subsection (h) (as so redesignated) the following: ``(g) Supplemental Enforcement.-- ``(1) Except as provided in paragraph (2) of this subsection, any animal control agency, humane society, or society for the prevention of cruelty to animals may commence a civil suit to enjoin any private party who is alleged to be in violation of any provision of this section concerning animal fighting. ``(2) No action may be commenced under this subsection prior to sixty days after written notice of the violation has been given to the Secretary of Agriculture and to any alleged violator of any provision of this section, except that such action may be brought immediately after such notification in the case of an action under this subsection respecting an emergency posing an immediate risk of death or grievous suffering to the well-being of any animal covered by this section. ``(3) In any suit under this subsection in which the United States is not a party, the Attorney General, at the request of the Secretary, may intervene on behalf of the United States as a matter of right. ``(4) The court, in issuing any final order in any suit under this subsection, may award costs of litigation to any party, whenever the court determines such award is appropriate. ``(5) The injunctive relief provided by this subsection shall not restrict any right which any person may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief.''; and (6) in subsection (h) (as so redesignated)-- (A) in paragraph (5), by striking ``and'' at the end; (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) the following: ``(6) the term `dog fighting venture'-- ``(A) means any event that-- ``(i) involves a fight between at least 2 animals; ``(ii) includes at least one dog; and ``(iii) is conducted for purposes of sport, wagering, or entertainment; and ``(B) does not include any activity the primary purpose of which involves the use of 1 or more animals to hunt another animal.''. (b) Enforcement of Animal Fighting Prohibitions.--Section 49 of title 18, United States Code, is amended by inserting ``(or in the case of a dog fighting venture (as defined in section 26(g) of that Act) not more than 5 years)'' before ``, or both''.

Federal Dog Protection Act - Amends the Animal Welfare Act to make it unlawful to knowingly: (1) sponsor or exhibit an animal in, or knowingly attend, a dog fighting venture; (2) sell, buy, possess, train, transport, deliver, or receive for purposes of transportation any dog or other animal for the purpose of having the dog or other animal, or offspring of the dog or other animal, participate in a dog fighting venture; or (3) use the U.S. mail service or any instrumentality of interstate commerce for commercial speech that promotes or furthers such prohibited actions. Makes costs incurred for the care of animals seized and forfeited recoverable from the owner (currently recoverable costs are limited to those incurred by the United States). Allows animal control agencies, humane societies, or societies for the prevention of cruelty to animals to commence a civil suit to enjoin any private party who is alleged to be in violation of provisions concerning animal fighting. Provides for enforcement.

To amend the Animal Welfare Act to prohibit dog fighting ventures.

to provide for annexing the Hawaiian Islands to the United States of July 7, 1898 (30 Stat. 750), and which were later transferred to the State of Hawaii in the Act entitled ``An Act to provide for the admission of the State of Hawaii into the Union'' approved March 18, 1959 (Public Law 86-3; 73 Stat. 4). (4) Indigenous, native people.--The term ``indigenous, native people'' means the lineal descendants of the aboriginal, indigenous, native people of the United States. (5) Native hawaiian.-- (A) Prior to the recognition by the United States of the Native Hawaiian governing entity, the term ``Native Hawaiian'' means all Native Hawaiian people who were eligible in 1921 for the programs authorized by the Hawaiian Homes Commission Act (42 Stat. 108, chapter 42) and their lineal descendants. (B) Following the recognition by the United States of the Native Hawaiian governing entity, the term ``Native Hawaiian'' shall have the meaning given to such term in the organic governing documents of the Native Hawaiian governing entity. (6) Native hawaiian governing entity.--The term ``Native Hawaiian governing entity'' means the sole governing entity organized by the Native Hawaiian people through a process which involves the maximum participation of Native Hawaiians. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. UNITED STATES POLICY AND PURPOSE. (a) Policy.--The United States reaffirms that-- (1) Native Hawaiians are a unique and distinct, indigenous, native people, with whom the United States has a political and legal relationship; (2) the United States has a special responsibility to promote the welfare of Native Hawaiians; (3) Congress possesses the authority under the Constitution to enact legislation to address the conditions of Native Hawaiians and has exercised this authority through the enactment of-- (A) the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, chapter 42); (B) the Act entitled ``An Act to provide for the admission of the State of Hawaii into the Union'', approved March 18, 1959 (Public Law 86-3; 73 Stat. 4); and (C) more than 150 other Federal laws addressing the conditions of Native Hawaiians; (4) Native Hawaiians have-- (A) an inherent right to autonomy in their internal affairs; (B) an inherent right of self-determination and self-governance; and (C) the right to reorganize a Native Hawaiian governing entity; and (5) the United States shall continue to engage in a process of reconciliation and political relations with the Native Hawaiian people. (b) Purpose.--It is the intent of Congress that the purpose of this Act is to provide a process for the recognition by the United States of a Native Hawaiian governing entity for purposes of continuing a government-to-government relationship. SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE FOR NATIVE HAWAIIAN RELATIONS. (a) In General.--There is established within the Office of the Secretary the United States Office for Native Hawaiian Relations. (b) Duties of the Office.--The United States Office for Native Hawaiian Relations shall-- (1) effectuate and coordinate the special political and legal relationship between the Native Hawaiian people and the United States, and upon the recognition of the Native Hawaiian governing entity by the United States, between the Native Hawaiian governing entity and the United States through the Secretary, and with all other Federal agencies; (2) continue the process of reconciliation with the Native Hawaiian people, and upon the recognition of the Native Hawaiian governing entity by the United States, continue the process of reconciliation with the Native Hawaiian governing entity; (3) fully integrate the principle and practice of meaningful, regular, and appropriate consultation with the Native Hawaiian governing entity by providing timely notice to, and consulting with the Native Hawaiian people and the Native Hawaiian governing entity prior to taking any actions that may have the potential to significantly affect Native Hawaiian resources, rights, or lands; (4) consult with other Federal agencies, and with relevant agencies of the State of Hawaii on policies, practices, and proposed actions affecting Native Hawaiian resources, rights, or lands; and (5) prepare and submit to the Committee on Indian Affairs and the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives an annual report detailing the activities that are undertaken with respect to the continuing process of reconciliation and to effect meaningful consultation with the Native Hawaiian governing entity and providing recommendations for any necessary changes to existing Federal statutes or regulations promulgated under the authority of Federal law. SEC. 5. PROCESS FOR THE RECOGNITION OF THE NATIVE HAWAIIAN GOVERNING ENTITY. (a) Recognition of Right To Organize.--The right of the Native Hawaiian people to organize for their common welfare and to adopt appropriate organic governing documents is hereby recognized by the United States. (b) Process.-- (1) Submittal of organic governing documents.--Following the organization of the Native Hawaiian governing entity, the adoption of organic governing documents, and the election of officers of the Native Hawaiian governing entity, the duly elected officers of the Native Hawaiian governing entity shall submit the organic governing documents of the Native Hawaiian governing entity-- (A) to the Secretary; and (B) to the State of Hawaii for purposes of advising the State that the Native Hawaiian governing entity has been reorganized. (2) Certifications.-- (A) In general.--Within 120 days of the date that the duly elected officers of the Native Hawaiian governing entity submit the organic governing documents to the Secretary, the Secretary shall certify that the organic governing documents-- (i) establish the criteria for citizenship in the Native Hawaiian governing entity; (ii) were adopted through a process that provided for the maximum participation of Native Hawaiians; (iii) provide for the exercise of governmental authorities by the Native Hawaiian governing entity; (iv) provide for the Native Hawaiian governing entity to negotiate with Federal, State, and local governments, and other entities; (v) prevent the sale, disposition, lease, or encumbrance of lands, interests in lands, or other assets of the Native Hawaiian governing entity without the consent of the Native Hawaiian governing entity; (vi) provide for the protection of the civil rights of the citizens of the Native Hawaiian governing entity and all persons subject to the authority of the Native Hawaiian governing entity, and ensure that the Native Hawaiian governing entity exercises its authority consistent with the requirements of section 202 of the Act of April 11, 1968 (25 U.S.C. 1302); and (vii) are consistent with applicable Federal law and the special political and legal relationship between the United States and the indigenous native people of the United States. (B) By the secretary.--Within 120 days of the date that the duly elected officers of the Native Hawaiian governing entity submit the organic governing documents to the Secretary, the Secretary shall certify that the State of Hawaii supports the recognition of the Native Hawaiian governing entity by the United States as evidenced by a resolution or act of the Hawaii State legislature. (C) Resubmission in case of noncompliance with federal law.-- (i) Resubmission by the secretary.--If the Secretary determines that the organic governing documents, or any part thereof, are not consistent with applicable Federal law, the Secretary shall resubmit the organic governing documents to the duly elected officers of the Native Hawaiian governing entity along with a justification for each of the Secretary's findings as to why the provisions are not consistent with such law. (ii) Amendment and resubmission by the native hawaiian governing entity.--If the organic governing documents are resubmitted to the duly elected officers of the Native Hawaiian governing entity by the Secretary under clause (i), the duly elected officers of the Native Hawaiian governing entity shall-- (I) amend the organic governing documents to ensure that the documents comply with applicable Federal law; and (II) resubmit the amended organic governing documents to the Secretary for certification in accordance with the requirements of this paragraph. (D) Certifications deemed made.--The certifications authorized in subparagraph (B) shall be deemed to have been made if the Secretary has not acted within 180 days of the date that the duly elected officers of the Native Hawaiian governing entity have submitted or resubmitted the organic governing documents of the Native Hawaiian governing entity to the Secretary. (3) Federal recognition.--Notwithstanding any other provision of law, upon the election of the officers of the Native Hawaiian governing entity and the certifications by the Secretary required under paragraph (1), the United States hereby extends Federal recognition to the Native Hawaiian governing entity as the representative governing body of the Native Hawaiian people. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out the activities authorized in this Act. SEC. 7. REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY; NEGOTIATIONS. (a) Reaffirmation.--The delegation by the United States of authority to the State of Hawaii to address the conditions of the indigenous, native people of Hawaii contained in the Act entitled ``An Act to provide for the admission of the State of Hawaii into the Union'' approved March 18, 1959 (Public Law 86-3; 73 Stat. 5) is hereby reaffirmed. (b) Negotiations.--Upon the Federal recognition of the Native Hawaiian governing entity by the United States, the United States is authorized to negotiate and enter into an agreement with the State of Hawaii and the Native Hawaiian governing entity regarding the transfer of lands, resources, and assets dedicated to Native Hawaiian use to the Native Hawaiian governing entity. Nothing in this Act is intended to serve as a settlement of any claims against the United States. SEC. 8. APPLICABILITY OF CERTAIN FEDERAL LAWS. (a) Indian Gaming Regulatory Act.--Nothing contained in this Act shall be construed as an authorization for the Native Hawaiian governing entity to conduct gaming activities under the authority of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). (b) Ineligibility for Indian Programs.--Nothing contained in this Act shall be construed as an authorization for eligibility to participate in any programs and services provided by the Bureau of Indian Affairs or the Indian Health Service for any persons not otherwise eligible for such programs or services. SEC. 9. ETHICS. The provisions of section 208(a) of title 18, United States Code, prohibiting involvement by a Federal Government officer or employee in particular matters where the officer or employee or his or her spouse or minor child has a financial interest shall not apply to Native Hawaiians employed by the United States Office for Native Hawaiian Relations if the financial interest that would be affected by the particular matter involved is that resulting solely from the interest of the officer or employee or his or her spouse or minor child that results from his or her status as a Native Hawaiian. SEC. 10. SEVERABILITY. In the event that any section or provision of this Act is held invalid, it is the intent of Congress that the remaining sections or provisions of this Act shall continue in full force and effect.

Establishes the U.S. Office for Native Hawaiian Relations (Office) within the Office of the Secretary of the Interior.Recognizes the right of the Native Hawaiian people to adopt organic governing documents. Provides that following the organization and election of a Native Hawaiian government and the adoption of such documents, the duly elected Native Hawaiian government shall submit those documents to the Secretary and to the State of Hawaii for purposes of advising the State that such government has been reorganized. Extends Federal recognition to the Native Hawaiian government as the representative governing body of the Native Hawaiian people upon election of officers and certification by the Secretary.Permits the United States, upon Federal recognition of the Native Hawaiian government, to enter into an agreement with Hawaii and such government regarding the transfer of lands, resources, and assets dedicated to Native Hawaiian use.

A bill expressing the policy of the United States regarding the United States relationship with Native Hawaiians and to provide a process for the recognition by the United States of the Native Hawaiian governing entity, and of other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Late-Term Abortion Limitation Act of 1998''. SEC. 2. BAN ON CERTAIN ABORTIONS. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 73 the following: ``CHAPTER 74--BAN ON CERTAIN ABORTIONS ``Sec. ``1531. Prohibition of post-viability abortions. ``1532. Penalties. ``1533. Regulations. ``1534. State law. ``1535. Definitions. ``Sec. 1531. Prohibition of post-viability abortions ``(a) In General.--It shall be unlawful for a physician to intentionally abort a viable fetus unless the physician prior to performing the abortion-- ``(1) certifies in writing that, in the physician's medical judgment based on the particular facts of the case before the physician, the continuation of the pregnancy would threaten the mother's life or risk grievous injury to her physical health; and ``(2) an independent physician who will not perform nor be present at the abortion and who was not previously involved in the treatment of the mother certifies in writing that, in his or her medical judgment based on the particular facts of the case, the continuation of the pregnancy would threaten the mother's life or risk grievous injury to her physical health. ``(b) No Conspiracy.--No woman who has had an abortion after fetal viability may be prosecuted under this chapter for conspiring to violate this chapter or for an offense under section 2, 3, 4, or 1512 of title 18. ``(c) Medical Emergency Exception.--The certification requirements contained in subsection (a) shall not apply when, in the medical judgment of the physician performing the abortion based on the particular facts of the case before the physician, there exists a medical emergency. In such a case, however, after the abortion has been completed the physician who performed the abortion shall certify in writing the specific medical condition which formed the basis for determining that a medical emergency existed. ``Sec. 1532. Penalties ``(a) Action by the Attorney General.--The Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General or United States Attorney specifically designated by the Attorney General may commence a civil action under this chapter in any appropriate United States district court to enforce the provisions of this chapter. ``(b) First Offense.--Upon a finding by the court that the respondent in an action commenced under subsection (a) has knowingly violated a provision of this chapter, the court shall notify the appropriate State medical licensing authority in order to effect the suspension of the respondent's medical license in accordance with the regulations and procedures developed by the State under section 1533(b), or shall assess a civil penalty against the respondent in an amount not to exceed $100,000, or both. ``(c) Second Offense.--Upon a finding by the court that the respondent in an action commenced under subsection (a) has knowingly violated a provision of this chapter and the respondent has been found to have knowingly violated a provision of this chapter on a prior occasion, the court shall notify the appropriate State medical licensing authority in order to effect the revocation of the respondent's medical license in accordance with the regulations and procedures developed by the State under section 1533(b), or shall assess a civil penalty against the respondent in an amount not to exceed $250,000, or both. ``(d) Hearing.--With respect to an action under subsection (a), the appropriate State medical licensing authority shall be given notification of and an opportunity to be heard at a hearing to determine the penalty to be imposed under this section. ``(e) Certification Requirements.--At the time of the commencement of an action under subsection (a), the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General or United States Attorney who has been specifically designated by the Attorney General to commence a civil action under this chapter, shall certify to the court involved that, at least 30 calendar days prior to the filing of such action, the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General or United States Attorney involved-- ``(1) has provided notice of the alleged violation of this chapter, in writing, to the Governor or Chief Executive Officer and Attorney General or Chief Legal Officer of the State or political subdivision involved, as well as to the State medical licensing board or other appropriate State agency; and ``(2) believes that such an action by the United States is in the public interest and necessary to secure substantial justice. ``Sec. 1533. Regulations ``(a) Federal Regulations.-- ``(1) In general.--Not later than 60 days after the date of enactment of this chapter, the Secretary of Health and Human Services shall publish proposed regulations for the filing of certifications by physicians under this chapter. ``(2) Requirements.--The regulations under paragraph (1) shall require that a certification filed under this chapter contain-- ``(A) a certification by the physician performing the abortion, under threat of criminal prosecution under section 1746 of title 28, that, in his or her best medical judgment, the abortion performed was medically necessary pursuant to this chapter; ``(B) a description by the physician of the medical indications supporting his or her judgment; ``(C) a certification by an independent physician pursuant to section 1531(a)(2), under threat of criminal prosecution under section 1746 of title 28, that, in his or her best medical judgment, the abortion performed was medically necessary pursuant to this chapter; and ``(D) a certification by the physician performing an abortion under a medical emergency pursuant to section 1531(c), under threat of criminal prosecution under section 1746 of title 28, that, in his or her best medical judgment, a medical emergency existed, and the specific medical condition upon which the physician based his or her decision. ``(3) Confidentiality.--The Secretary of Health and Human Services shall promulgate regulations to ensure that the identity of a mother described in section 1531(a)(1) is kept confidential, with respect to a certification filed by a physician under this chapter. ``(b) State Regulations.--A State, and the medical licensing authority of the State, shall develop regulations and procedures for the revocation or suspension of the medical license of a physician upon a finding under section 1532 that the physician has violated a provision of this chapter. A State that fails to implement such procedures shall be subject to loss of funding under title XIX of the Social Security Act. ``Sec. 1534. State law ``(a) In General.--The requirements of this chapter shall not apply with respect to post-viability abortions in a State if there is a State law in effect in that State that regulates, restricts, or prohibits such abortions to the extent permitted by the Constitution of the United States. ``(b) Definition.--In subsection (a), the term `State law' means all laws, decisions, rules, or regulations of any State, or any other State action, having the effect of law. ``Sec. 1535. Definitions ``In this chapter: ``(1) Grievous injury.-- ``(A) In general.--The term `grievous injury' means-- ``(i) a severely debilitating disease or impairment specifically caused by the pregnancy; or ``(ii) an inability to provide necessary treatment for a life-threatening condition. ``(B) Limitation.--The term `grievous injury' does not include any condition that is not medically diagnosable or any condition for which termination of the pregnancy is not medically indicated. ``(2) Physician.--The term `physician' means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which the doctor performs such activity, or any other individual legally authorized by the State to perform abortions, except that any individual who is not a physician or not otherwise legally authorized by the State to perform abortions, but who nevertheless directly performs an abortion in violation of section 1531 shall be subject to the provisions of this chapter.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 73 the following new item: ``74. Ban on certain abortions............................. 1531.''.

Late-Term Abortion Limitation Act of 1998 - Amends the Federal criminal code to prohibit a physician from intentionally aborting a viable fetus unless the physician, prior to performing the abortion, and an independent physician who will not perform nor be present at the abortion and who was not previously involved in the treatment of the mother certify in writing that continuation of the pregnancy would threaten the mother's life or risk grievous injury to her physical health. Bars the prosecution of a woman who has had an abortion after fetal viability for conspiring to violate such prohibition or for specified offenses, such as being an accessory after the fact. Makes the certification requirements of this Act inapplicable when, in the medical judgment of the physician performing the abortion based on the particular facts of the case, there exists a medical emergency. Requires such physician, after the abortion has been completed, to certify in writing the specific medical condition which formed the basis for determining that a medical emergency existed. Authorizes the Attorney General, or specified other officials, to commence a civil action in U.S. district court to enforce this Act. Directs the court, upon a finding by the court that the respondent in such an action has knowingly violated this Act, to notify the appropriate State medical licensing authority to suspend the respondent's medical license, assess a civil penalty of up to $100,000, or both. Provides for license revocation, a civil penalty of up to $250,000, or both for subsequent offenses. Sets forth provisions regarding: (1) hearings to determine penalties; and (2) certification requirements to the court regarding the provision of notice to State or local officials of alleged violations and the belief that action by the United States is in the public interest. Directs the Secretary of Health and Human Services to: (1) publish proposed regulations for the filing of certifications by physicians under this Act; and (2) promulgate regulations to ensure confidentiality. Requires a State and its medical licensing authority to develop regulations and procedures for the revocation or suspension of the medical license of a physician who violates this Act. Subjects States failing to implement such procedures to loss of funding under title XIX of the Social Security Act (Medicaid). Specifies that the requirements of this Act shall not apply with respect to post-viability abortions in a State if there is a State law in effect that regulates, restricts, or prohibits such abortions to the extent permitted by the U.S. Constitution.

Late-Term Abortion Limitation Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Activity Renewable Energy Bonds Act''. SEC. 2. TREATMENT OF BONDS ISSUED TO FINANCE RENEWABLE ENERGY RESOURCE FACILITIES AND CONSERVATION AND EFFICIENCY FACILITIES AND OTHER SPECIFIED GREENHOUSE GAS EMISSION TECHNOLOGIES. (a) In General.--Section 142(a) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting a comma, and by inserting after paragraph (15) the following new paragraphs: ``(16) renewable energy resource facilities, ``(17) conservation and efficiency facilities and projects, or ``(18) high efficiency vehicles and related facilities or projects.''. (b) Renewable Energy Resource Facility.--Section 142 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(n) Renewable Energy Resource Facilities.--For purposes of subsection (a)(16)-- ``(1) In general.--The term `renewable energy resource facility' means-- ``(A) any facility used to produce electric or thermal energy (including a distributed generation facility) from-- ``(i) solar, wind, or geothermal energy, ``(ii) marine and hydrokinetic renewable energy, ``(iii) incremental hydropower, ``(iv) biogas and solids produced in the wastewater treatment process, or ``(v) biomass (as defined in section 203(b)(1) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(1))), ``(B) any facility used to produce biogas, or ``(C) any facility or project used for the manufacture of facilities referred to in subparagraph (A) or (B). ``(2) Special requirements for facilities producing biogas.-- ``(A) In general.--A facility shall not be treated as described in paragraph (1)(B), unless the biogas produced-- ``(i) is of pipeline quality and distributed into a vehicle for transportation or into an intrastate, interstate, or LDC pipeline system, or ``(ii) is used to produce onsite electricity or hydrogen fuel for use in vehicular or stationary fuel cell applications and has a British thermal unit content of at least 500 per cubic foot. ``(B) Pipeline quality.--For purposes of subparagraph (A)(i), with respect to biogas, the term `pipeline quality' means biogas with a British thermal unit content of at least 930 per cubic foot. ``(3) Definitions.--For purposes of this subsection-- ``(A) Geothermal energy.--The term `geothermal energy' means energy derived from a geothermal deposit (within the meaning of section 613(e)(2)) or from geothermal heat pumps. ``(B) Marine and hydrokinetic renewable energy.-- The term `marine and hydrokinetic renewable energy' has the meaning given such term in section 45(c)(10). ``(C) Incremental hydropower.--The term `incremental hydropower' means additional energy generated as a result of efficiency improvements or capacity additions to existing hydropower facilities made on or after the date of enactment of this subsection. The term `incremental hydropower' does not include additional energy generated as a result of operational changes not directly associated with efficiency improvements or capacity additions. ``(D) Biogas.--The term `biogas' means a gaseous fuel derived from landfill, municipal solid waste, food waste, wastewater or biosolids, or biomass (as defined in section 203(b)(1) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b))). ``(4) Special rules for energy loan tax assessment financing.-- ``(A) In general.--In the case of any renewable recovery energy resource facility provided from the proceeds of a bond secured by any tax assessment loan upon real property, the term `facility' in paragraph (1) includes-- ``(i) a prepayment for the principal purpose of purchasing electricity from renewable energy resource property, and ``(ii) a prepayment of a lease or license of such property, but only if the prepayment agreement provides that it shall not be canceled prior to the expiration of the tax assessment loan. ``(B) Tax assessment loan.--For purposes of subparagraph (A), the term `tax assessment loan' shall mean a governmental assessment, special tax, or similar charge upon real property.''. (c) Conservation and Efficiency Facility or Project.--Section 142 of the Internal Revenue Code of 1986, as amended by subsection (b), is amended by adding at the end the following new subsection: ``(o) Conservation and Efficiency Facilities and Projects.-- ``(1) In general.--For purposes of subsection (a)(17), the term `conservation and efficiency facility or project' means-- ``(A) any facility used for the conservation or the efficient use of energy, including energy efficient retrofitting of existing buildings, or for the efficient storage, transmission, or distribution of energy, including any facility or project designed to implement smart grid technologies (as described in title XIII of the Energy Independence and Security Act of 2007, or individual components of such technologies as listed in section 1301 of such Act), ``(B) any facility used for the conservation of or the efficient use of water, including-- ``(i) any facility or project designed to-- ``(I) reduce the demand for water, ``(II) improve efficiency in use and reduce losses and waste of water, including water reuse, and ``(III) improve land management practices to conserve water, or ``(ii) any individual component of a facility or project referred to in clause (i), or ``(C) any facility or project used for the manufacture of facilities referred to in subparagraphs (A) and (B). For purposes of subparagraph (B)(i), facility or project does not include any facility or project that stores water. ``(2) Special rules for energy loan tax assessment financing.-- ``(A) In general.--In the case of any conservation and efficiency facility or project provided from the proceeds of a bond secured by any tax assessment loan upon real property, the term `facility' in paragraph (1)(A) includes-- ``(i) a prepayment for the principal purpose of purchasing electricity from conservation and efficiency property, and ``(ii) a prepayment of a lease or license of such property, but only if the prepayment agreement provides that it shall not be canceled prior to the expiration of the tax assessment loan. ``(B) Tax assessment loan.--For purposes of subparagraph (A), the term `tax assessment loan' shall mean a governmental assessment, special tax or similar charge upon real property.''. (d) High Efficiency Vehicles and Related Facilities or Projects.-- Section 142 of the Internal Revenue Code of 1986, as amended by subsections (b) and (c), is amended by adding at the end the following new subsection: ``(p) High Efficiency Vehicles and Related Facilities or Projects.--For purposes of subsection (a)(18)-- ``(1) High efficiency vehicles.--The term `high efficiency vehicle' means any vehicle that will exceed by at least 150 percent the average combined fuel economy for vehicles with substantially similar attributes in the model year in which the production of such vehicle is expected to begin at the facility. ``(2) Facilities related to high efficiency vehicles.--A facility or project is related to a high efficiency vehicle if the facility is any real or personal property to be used in the design, technology transfer, manufacture, production, assembly, distribution, recharging or refueling, or service of high efficiency vehicles.''. (e) National Limitation on Amount of Renewable Energy Bonds.-- Section 142 of the Internal Revenue Code of 1986, as amended by subsections (b), (c), and (d), is amended by adding at the end the following new subsection: ``(q) National Limitation on Amount of Renewable Energy Bonds.-- ``(1) In general.--An issue shall not be treated as an issue described in paragraph (16), (17), or (18) of subsection (a) if the aggregate face amount of bonds issued by the State pursuant thereto (when added to the aggregate face amount of bonds previously so issued during the calendar year) exceeds the amount allocated to the State by the Secretary under paragraph (2) for such calendar year. ``(2) Allocation rules.-- ``(A) Allocation among states by population.--The Secretary shall allocate authority to issue bonds described in paragraph (16), (17), or (18) of subsection (a) to each State by population for each calendar year in an aggregate amount to all States not to exceed $2,500,000,000. ``(B) State allocation.--The State may allocate the amount allocated to the State under subparagraph (A) for any calendar year among facilities or projects described in paragraphs (16), (17), and (18) of subsection (a) in such manner as the State determines appropriate. ``(C) Unused renewable energy bond carryover to be allocated among qualified states.-- ``(i) In general.--Any unused bond allocation for any State for any calendar year under subparagraph (A) shall carryover to the succeeding calendar year and be assigned to the Secretary for allocation among qualified States for the succeeding calendar year. ``(ii) Unused bond allocation carryover.-- For purposes of this subparagraph, unused bond allocations are bond allocations described in subparagraph (A) of any State which remain unused by November 1 of any calendar year. ``(iii) Formula for allocation of unused bond allocation carryovers among qualified states.--The amount allocated under this subparagraph to a qualified State for any calendar year shall bear the same ratio to all States from the preceding calendar year under subparagraph (A), excluding States which are not a qualified State. ``(iv) Timing of allocation.--The Secretary shall allocate the unused bond allocation carried over from the preceding year among qualified States not later than March 1 of the succeeding year. ``(v) Qualified state.--For purposes of this subparagraph, the term `qualified State' means, with respect to a calendar year, any State-- ``(I) which allocated its entire bond allocation under subparagraph (A) for the preceding calendar year, and ``(II) for which a request is made (not later than August 1 of the calendar year) to receive an allocation under clause (iii). ``(vi) Reporting.--States shall report annually to the Secretary on their use of bonds described in paragraph (16), (17), and (18) of subsection (a), including description of projects, amount spent per project, total amount of unused bonds, and expected greenhouse gas or water savings per project with a description of how such savings were calculated. Such reporting shall be submitted not later than November 1 of any calendar year.''. (f) Coordination With Section 45.--Paragraph (3) of section 45(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``Clause (ii) of subparagraph (A) shall not apply with respect to any facility described in paragraph (16), (17), or (18) of section 142(a).''. (g) Coordination With Section 45K.--Subparagraph (A) of section 45K(b)(3) of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``Subclause (II) of clause (i) shall not apply with respect to any facility described in paragraph (16), (17), or (18) of section 142(a).''. (h) Coordination With Section 48.--Subparagraph (A) of section 48(a)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``Clause (ii) shall not apply with respect to any facility described in paragraph (16), (17), or (18) of section 142(a).''. (i) Coordination With Section 146(g)(3).--Section 146(g)(3) of the Internal Revenue Code of 1986 is amended by striking ``or (15)'' and inserting ``(15), (16), (17), or (18)''. (j) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.

Private Activity Renewable Energy Bonds Act - Amends the Internal Revenue Code to expand the purposes for which tax-exempt facility bonds may be issued to include renewable energy resource facilities, conservation and efficiency facilities and projects, and high efficiency vehicles and related facilities or projects. Limits the allocation of such bonds to all states by population to not more than $2.5 billion annually.

A bill to amend the Internal Revenue Code of 1986 to provide for the treatment of bonds issued to finance renewable energy resources facilities, conservation and efficiency facilities, and other specified greenhouse gas emission technologies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Physician Self-Referral Act of 2014''. SEC. 2. ADJUSTMENTS TO RESTRICTION ON SELF-REFERRAL UNDER MEDICAID. (a) Repeal of Restriction on Receipt of Federal Funds in the Case of Self-Referral.--Subsection (s) of section 1903 of the Social Security Act (42 U.S.C. 1396b(s)) is repealed. (b) Requirement of Restriction on Self-Referral in State Plan Requirements.--Section 1902 of such Act (42 U.S.C. 1396a) is amended-- (1) in subsection (a)-- (A) in paragraph (80) by striking ``and'' at the end; (B) in paragraph (81) by striking the period at the end and inserting ``; and''; (C) by inserting after paragraph (81) the following: ``(82) provide that no payment may be made under the State plan for a Medicaid designated health service furnished to an individual on the basis of a referral by a physician if the physician (or an immediate family member of the physician) has an ownership or investment interest or a compensation arrangement (as defined in section 1877) with the entity furnishing the Medicaid designated health service that would not comply with section 1877 if the referral were for an item or service otherwise payable under title XVIII.''; and (D) by inserting after the matter immediately following paragraph (82) the following: ``For purposes of paragraph (82), subsections (f) and (g) of section 1877 shall apply to a provider of a Medicaid designated health service in a similar manner as such subsections apply to a provider of an item or service for which payment may be made under title XVIII.''; and (2) by adding at the end the following new subsection: ``(ll) Definition of Medicaid Designated Health Service.--For purposes of subsection (a) the term `Medicaid designated health service' means an item or service listed in subsection (h)(6) of section 1877 as covered by a State plan and any other service a State may choose to add for purposes of subsection (a)(82).''. (c) Application of False Claims Act to Violations of Self- Referral.--Section 1877(g) of such Act (42 U.S.C. 1395nn(g)) is amended by adding at the end the following: ``(7) False claims act.--A claim that includes an item or service resulting from a violation of this section constitutes a false or fraudulent claim for purposes of sections 3729-3733 of title 31, United States Code.''. (d) Exceptions for Violations of Self-Referral Limited to Medicaid.--Section 1877(h) of such Act (42 U.S.C. 1395nn(h)) is amended by adding at the end the following: ``(8) Medicaid self-referral limitations.--Any authority of the Secretary to issue regulations under this section shall include the authority to issue regulations limited to the application of self-referral limitations to State plan requirements, as described under section 1902(a)(82) of this Act (42 U.S.C. 1396a(a)(82)).''. (e) Medicaid Self-Referral Disclosure Protocol.--The Secretary of Health and Human Services shall establish a protocol consistent with the requirements of the Medicare self-referral disclosure protocol required under section 6409 of the Patient Protection and Affordable Care Act (42 U.S.C. 1395nn note) that enables health care providers to disclose an actual or potential violation of section 1877 of the Social Security Act (42 U.S.C. 1395nn) as applied to title XIX of such Act, pursuant to section 1902(a)(82) of such Act (42 U.S.C. 1396a(a)(82)). SEC. 3. EFFECTIVE DATE. (1) In general.--Subject to paragraph (2), the amendments made by this Act shall apply to items and services furnished after the first day of the first calendar year that begins after date of enactment of this Act. (2) Exception for state legislation.--In the case of a State plan under title XIX of the Social Security Act that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this Act, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.

Medicaid Physician Self-Referral Act of 2014 - Amends title XIX (Medicaid) of the Social Security Act (SSA) with respect to physician self-referral limitations to repeal the prohibition against payment of federal funds to a state for medical assistance expenditures for a designated health service furnished to an individual on the basis of a referral (self-referral) that would result in denial of payment under SSA title XVIII (Medicare). Requires a state plan for medical assistance to prohibit payment for a Medicaid designated health service furnished to an individual on the basis of a physician's referral if the physician (or an immediate family member) has an ownership or investment interest or a compensation arrangement with the entity furnishing the service that would not comply with Medicare requirements. Requires application of certain reporting requirements and sanctions to a provider of a Medicaid designated health service the same way they apply under Medicare. Amends SSA title XVIII to: (1) apply the False Claims Act to violations of the self-referral prohibition, and (2) declare the authority of the Secretary of Health and Human Services (HHS) to issue regulations under Medicaid limited to the application of self-referral limitations to state plan requirements. Directs the Secretary to establish a protocol consistent with the Medicare self-referral disclosure protocol required under the Patient Protection and Affordable Care Act that enables health care providers to disclose an actual or potential violation of Medicare self-referral limitations as applied to Medicaid.

Medicaid Physician Self-Referral Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Uncompensated Survivors Today (JUST) Act of 2017''. SEC. 2. ANNUAL REPORTING ON HOLOCAUST ERA ASSETS AND RELATED ISSUES. (a) In General.--For covered countries, the Secretary of State shall annually include within either the relevant Annual Country Report on Human Rights Practices, the International Religious Freedom Report, or other appropriate report as determined by the Secretary, an assessment and description of the nature and extent of national laws or enforceable policies regarding the identification and the return of or restitution for wrongfully seized or transferred Holocaust era assets and compliance with or progress toward the goals and objectives of the 2009 Terezin Declaration on Holocaust Era Assets and Related Issues, including-- (1) the return to the rightful owner of any property, including religious or communal property, that was wrongfully seized or transferred; (2) if return of such property is no longer possible, the provision of comparable substitute property or the payment of equitable compensation to the rightful owner in accordance with principles of justice and through an expeditious claims-driven administrative process that is just, transparent, and fair; (3) the use of the Washington Conference Principles on Nazi-Confiscated Art, agreed to December 3, 1998, and the Terezin Declaration on Holocaust Assets and Related Issues, agreed to June 30, 2009, in settling all claims involving publically and privately held movable property; (4) the restitution of heirless property to assist needy Holocaust survivors, and for other purposes; (5) the extent to which such laws and policies are implemented and enforced in practice, including through any applicable administrative or judicial processes; and (6) the mechanism for and demonstrable progress on the resolution of claims for United States citizen Holocaust survivors and United States citizen family members of Holocaust victims. (b) Effective Date of Inclusion.-- (1) Inclusion in annual country report on human rights practices or international religious freedom report.--If the Secretary of State includes the information required under subsection (a) in the report required under section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d); commonly referred to as the ``Annual Country Reports on Human Rights Practices'') or the report required under section 102(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b); commonly referred to as the ``International Religious Freedom Report''), the requirement to include such information shall apply beginning with the first such report under either Act, as the case may be, submitted later than 180 days after the date of the enactment of this Act. (2) Inclusion in other department of state report.--If the Secretary of State includes the information required under subsection (a) in an existing report of the Department of State other than a report described in paragraph (1), the requirement to include such information shall apply beginning with the first such report submitted later than 180 days after the date of the enactment of this Act. (3) Inclusion in new report.--If the Secretary of State includes the information required under subsection (a) in a new report, the Secretary shall submit such report not later than one year after the date of the enactment of this Act. (c) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Covered countries.--The term ``covered countries'' means signatories to the Terezin Declaration on Holocaust Assets and Related Issues, agreed to June 30, 2009, that are determined by the Special Envoy for Holocaust Issues, in consultation with expert nongovernmental organizations, to be countries of particular concern relative to the issues listed in subsection (a). (3) Wrongfully seized or transferred.--The term ``wrongfully seized or transferred'' includes confiscations, expropriations, nationalizations, forced sales or transfers, and sales or transfers under duress during the Holocaust era or the period of Communist rule of a covered country.

Justice for Uncompensated Survivors Today (JUST) Act of 2017 This bill directs the Department of State, with respect to covered countries, to annually include within either the relevant Annual Country Report on Human Rights Practices, the International Religious Freedom Report, or other appropriate report an assessment of the nature and extent of national laws or enforceable policies regarding the identification, return, or restitution of wrongfully seized or transferred Holocaust era assets and compliance with the goals of the Terezin Declaration on Holocaust Era Assets and Related Issues, including: the return to the rightful owner of wrongfully seized or transferred property, including religious or communal property, or the provision of comparable substitute property or the payment of equitable compensation to the rightful owner; the use of the Washington Conference Principles on Nazi-Confiscated Art and the Terezin Declaration in settling claims involving publicly and privately held movable property; the restitution of heirless property to assist needy Holocaust survivors; and progress on the resolution of claims for U.S. citizen Holocaust survivors and family members. "Covered countries" means signatories to the Terezin Declaration that are determined by the Special Envoy for Holocaust Issues to be countries of particular concern with respect to such restitution.

Justice for Uncompensated Survivors Today (JUST) Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as ``The Small Business 503 Loan Refinancing Assistance Act of 1993''. SEC. 2. PAYMENT AND PREPAYMENT OF DEVELOPMENT COMPANY DEBENTURES. (a) In General.--Title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.) is amended by adding at the end the following new section: ``SEC. 507. PAYMENT AND PREPAYMENT OF DEVELOPMENT COMPANY DEBENTURES. ``(a) In General.--The issuer of a debenture purchased by the Federal Financing Bank and guaranteed by the Administration under section 503 may, at the election of the borrower whose loan secures the debenture-- ``(1) continue to make payments on the debenture in accordance with the original terms of the debenture; ``(2) if the requirements of subsection (b) are met, make payments on the debenture at an adjusted rate of interest; or ``(3) if the requirements of subsection (c) are met, prepay the debenture. ``(b) Adjustment of Interest Rates.-- ``(1) In general.--The issuer of a debenture described in subsection (a) may, at the election of the borrower whose loan secures the debenture, submit to the Federal Financing Bank a request for an adjustment in the rate of interest charged on the debenture. ``(2) Approval.--The Federal Financing Bank shall approve a request submitted by the issuer of a debenture under paragraph (1) if-- ``(A) the request is submitted on or before the date which is 5 years after the date of the enactment of this section; ``(B) no other request under this subsection has been approved with respect to the debenture; ``(C) the debenture is outstanding and neither the debenture nor the borrower's loan that secures the debenture is in default on the date of the request; and ``(D) the issuer agrees to make an equivalent adjustment in the rate of interest charged on the loan which secures the debenture. ``(3) Determination of interest rate.--Upon approving a request submitted by the issuer of a debenture under paragraph (1), the Federal Financing Bank shall adjust the rate of interest charged on the debenture. The adjusted rate shall be the rate determined by the Secretary of the Treasury (as of the close of the calendar month preceding the month in which the adjustment is made) to be equal to the current average market yield on outstanding marketable obligations of the United States with remaining periods of maturity comparable to the remaining term of the debenture plus 4\1/2\ percentage points, except that such rate shall be at least 8 percent and shall not exceed 12 percent. ``(4) Other terms and conditions.--An adjustment under this subsection in the rate of interest charged on a debenture shall not affect other terms and conditions applicable to the debenture. ``(c) Prepayment.-- ``(1) In general.--If the requirements of paragraph (3) are met, the issuer of a debenture described in subsection (a) may, at the election of the borrower whose loan secures such debenture, prepay the debenture by paying to the Federal Financing Bank, the amount that is equal to the sum of the unpaid principal balance (adjusted for funds in the borrower's escrow reserve account) due on the debenture on the date of prepayment (plus accrued interest at the coupon rate on the debenture) and the amount of the repurchase premium described in paragraph (2)(A). ``(2) Repurchase premium.-- ``(A) Amount.--The amount of the repurchase premium described in this paragraph is the product of-- ``(i) the unpaid principal balance (adjusted for funds in the borrower's escrow reserve account) due on the debenture on the date of prepayment; ``(ii) the interest rate of the debenture; and ``(iii) the factor `P', as determined under subparagraph (B). ``(B) Applicable percent.--For purposes of subparagraph (A)(iii), the factor `P' means the applicable percent determined in accordance with the following table: ------------------------------------------------------------------------ Applicable percent Year in which prepayment of ----------------------------------- debenture is made (from date of 20 or 25- original issuance): 10-year 15-year year term term loan term loan loan ------------------------------------------------------------------------ 1................................... 1.00 1.00 1.00 2................................... .80 .85 .90 3................................... .60 .70 .80 4................................... .40 .55 .70 5................................... .20 .40 .60 6................................... 0 .25 .50 7................................... 0 .10 .40 8................................... 0 0 .30 9................................... 0 0 .20 10.................................. 0 0 .10 11 through 25....................... 0 0 ------------------------------------------------------------------------ ``(3) Requirements.--The requirements of this paragraph are met if-- ``(A) the debenture referred to in subsection (a) is outstanding and neither the debenture nor the borrower's loan that secures the debenture is in default on the date of prepayment; ``(B) only non-Federal funds are used to prepay the debenture; ``(C) the debenture is prepaid on or before the date which is 5 years after the date of the enactment of this section; and ``(D) the issuer extinguishes the borrower's loan which secured such debenture. ``(d) Prohibition of Other Fees and Penalties.--Notwithstanding any other law, no fees or penalties other than those specified in this section may be imposed against the issuer, the borrower, or the Administration as a condition for adjusting a rate of interest under subsection (b) or as a condition of prepayment under subsection (c). ``(e) Regulations.--The Administrator shall issue regulations to carry out this section not later than 30 days after the date of the enactment of this section. ``(f) Definitions.--For purposes of this section, the following definitions apply: ``(1) Borrower.--The term `borrower' means a small business concern. ``(2) Issuer.--The term `issuer' means a qualified State or local development company. ``(3) Qualified state or local development company.--The term `qualified State or local development company' has the meaning given such term in section 503(e).''. (b) Clerical Amendment.--The table of contents of title V of the Small Business Investment Act of 1958 is amended by adding at the end the following new item: ``Sec. 507. Payment and prepayment of development company debentures.''.

Small Business 503 Loan Refinancing Assistance Act of 1993 - Amends the Small Business Investment Act of 1958 to permit a qualified State or local development company that issues a debenture purchased by the Federal Financing Bank (Bank) and guaranteed by the Small Business Administration (SBA), at the election of the small business borrower whose loan secures such debenture, to: (1) continue to make payments under the original debenture terms; (2) make payments at an adjusted interest rate; or (3) prepay the debenture to the Bank by paying the unpaid principal balance and the amount of the repurchase premium (determined under this Act). Prohibits any fees or penalties other than those specified in this Act from being imposed against the issuer, borrower, or the SBA as a condition for adjusting the interest rate or prepayment.

Small Business 503 Loan Refinancing Assistance Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domesticated Salmonid Broodstock and Seedstock Act of 1996''. SEC. 2. DEFINITIONS. In this Act: (1) The terms ``salmonid'' means a specie in the family salmonidae, including each specie of salmon and trout. (2) The term ``domesticated'', with respect to salmonids, means salmonids raised on a farm for profit and held throughout their life-cycle in captivity. (3) The term ``broodstock'' means domesticated salmonids intended to be used for reproductive purposes. (4) The term ``seedstock'' means gametes (egg and sperm) and fertilized (eyed) eggs produced from domesticated salmonid broodstock. (5) The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) United States breeders of domesticated salmonids raise broodstock and produce seedstock which are essential to the production of domesticated salmonids in the United States and throughout the world; (2) the production and dissemination in interstate commerce of salmonid broodstock and seedstock provides employment and income in economically depressed rural areas and contributes to the expansion of United States exports; (3) various foreign nations, including the members of the European Union, have adopted requirements that salmonid seedstock imported from the United States and other nations be inspected and certified by a competent authority prior to export; (4) existing Federal and State programs for the inspection and certification of the health status of salmonid broodstock and seedstock are inadequate and inconsistent; (5) the efficient and effective inspection and certification of salmonid breeding facilities, broodstock, and seedstock is essential to the economic well-being of the domesticated salmonid broodstock and seedstock industry in the United States; and (6) the Secretary of Agriculture currently provides inspection and certification services to the livestock and live poultry industries and has the technical expertise and capacity necessary to administer a program to provide similar services to the United States domesticated salmonid broodstock and seedstock industry. (b) Purpose.--It is the purpose of this Act-- (1) to designate the Secretary of Agriculture as the single competent authority for the health inspection and certification of salmonid broodstock and seedstock used to produce domesticated salmonids; (2) to promote fair trade and interstate commerce in salmonid broodstock and seedstock produced in the United States, which is used to produce domesticated salmonids; and (3) to reduce the risk of transmission in interstate commerce of diseases, pathogens and pests in domesticated salmonid broodstock and seedstock to the extent practicable. SEC. 4. PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION. (a) Required Activities.--In cooperation with producers of domesticated salmonid seedstock, the Secretary of Agriculture shall establish a comprehensive program with regard to domesticated salmonid broodstock and seedstock to-- (1) provide diagnostic and certification services in a manner which is effective and efficient and which fosters the participation of State and private laboratories; (2) establish health criteria for domesticated salmonid broodstock and seedstock; and (3) monitor, evaluate, and facilitate the elimination of, unreasonable impediments to the interstate commerce of broodstock and seedstock that is certified under the program. (b) Use of Existing Authorities.--To prevent the introduction or dissemination in interstate commerce and international trade of any contagious, infectious, or communicable disease associated with domesticated salmonid broodstock and seedstock and to promote the exportation of domesticated salmonid broodstock and seedstock, the Secretary may use the authorities provided in the following provisions of law (relating to livestock and poultry) to regulate the production, transportation, and exportation of domesticated salmonid broodstock and seedstock: (1) Sections 1, 2, and 3 of the Act of February 2, 1903 (21 U.S.C. 111, 121, 122). (2) The Act of May 29, 1884 (21 U.S.C. 112, 113, 113a, 114, 114a, 114a-1, 115-120; commonly known as the Animal Industry Act). (3) Sections 1 and 2 of the Act of February 28, 1947 (21 U.S.C. 114b, 114c). (4) The Act of March 3, 1905 (21 U.S.C. 123-127). (5) Sections 1 through 6 and sections 11, 12, and 13 of Public Law 87-516 (21 U.S.C. 134-134h). (6) Sections 1, 2, and 3 of Public Law 91-239 (21 U.S.C. 135-135b). SEC. 5. ADVISORY COMMITTEE. (a) Establishment; Membership.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish an advisory committee consisting of-- (1) five members selected from representatives of the salmonid broodstock and seedstock industry; (2) three members selected from the Department of Agriculture; and (3) one member selected from the officers and employees of the Department of Agriculture who shall serve as chairman of the Committee. (b) Functions.--It shall be the function of the Committee to advise the Secretary with respect to the development and implementation of the program for domesticated salmonid broodstock and seedstock industry authorized by this Act, including diagnostic and certification services, all rules and related analysis pertaining thereto, and the facilitation of fair trade and the dissemination of domesticated salmonid seedstock in interstate commerce. (c) Meetings.--The Committee shall meet at the call of the Secretary. (d) Employment Status; Expenses.--Committee members (other than the chairman and other Department of Agriculture staff) shall not be considered to be employees of the United States by reason of their membership and shall not be entitled to compensation for service on the Committee. However, the Secretary may pay their travel and subsistence expenses (or a per diem in lieu thereof) in connection with their attendance at meetings of the Committee. SEC. 6. CERTIFICATIONS. The Secretary of Agriculture shall certify to any person the health status of any domesticated salmonid seedstock intended for export from the United States. SEC. 7. CONSTRUCTION WITH OTHER LAWS. Notwithstanding this Act, the Secretary of the Interior and the Secretary of Commerce shall have sole responsibility for the health of salmonids, and the products thereof, located in any facility administered by the Department of the Interior or the Department of Commerce.

Domesticated Salmonid Broodstock and Seedstock Act of 1996 - Directs the Secretary of Agriculture, in cooperation with producers of domesticated salmonid seedstock, to establish a comprehensive program with regard to domesticated salmonid broodstock and seedstock to: (1) provide effective and efficient diagnostic and certification services in a manner that fosters the participation of State and private laboratories; (2) establish health criteria; and (3) monitor, evaluate, and facilitate the elimination of unreasonable impediments to the interstate commerce of such stock that is certified under the program. Authorizes the Secretary to use specified authorities to regulate the production, transportation, and exportation of such stock in order to prevent the introduction or dissemination in interstate commerce and international trade of any contagious, infectious, or communicable disease associated with it and to promote its exportation. Directs the Secretary to: (1) establish an advisory committee to advise the Secretary regarding the development and implementation of the program; and (2) certify to any person the health status of any domesticated salmonid seedstock intended for export from the United States. Grants the Secretary of the Interior and the Secretary of Commerce sole responsibility for the health of salmonids and the products thereof located in any facility administered by the Departments of the Interior or Commerce.

Domesticated Salmonid Broodstock and Seedstock Act of 1996

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Puerto Rico Emergency Financial Stability Act of 2015''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Effective date. Sec. 4. Severability. Sec. 5. Definitions. Sec. 6. Automatic stay. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following-- (1) The Commonwealth Government is confronted with a dire fiscal emergency and liquidity crisis that imminently threatens the welfare of the people of the Commonwealth, affecting the provision of essential public services including public safety, health care, and education that are needed both to sustain the welfare of the people and the economic ability of the Commonwealth to address any future resolution of debts and legal obligations. (2) A temporary stay on litigation with respect to debt holders for the Commonwealth is essential to provide breathing space to the Commonwealth, creditors, and the Congress to determine an orderly process for the Commonwealth to address any future resolution of legal obligations and to provide the Commonwealth a path to sustainable growth; and thereby, protect the lives of more than 3.5 million American citizens living in the Commonwealth. (3) The Commonwealth is in a state of fiscal emergency brought on by, among other things, a combination of accumulated operating deficits, cash shortages, management inefficiencies, and excessive borrowing. (4) The Commonwealth Government's debt is unusually complex, with eighteen different but inter-related issuers. (A) There is an even larger number of creditor groups, each of which may have divergent interests. (B) The debt's unusual complexity will substantially complicate any potential consensual restructuring in the absence of Federal legislation to facilitate the negotiations. (5) This legislation, which includes a stay on litigation by debt holders, can protect essential government services and help the Commonwealth address its liabilities in an orderly fashion, benefitting all stakeholders. (A) A temporary stay on litigation is essential to facilitate an orderly process for stabilizing, evaluating, and comprehensively resolving the Commonwealth's fiscal crisis. (B) Avoiding a disorderly race to the courthouse will benefit creditors as well as other stakeholders. (C) Furthermore, the stay is only temporary. (b) Purposes.--The purposes of this Act are to-- (1) provide a limited period of time to permit Congress to enact comprehensive relief for the Commonwealth, providing it the necessary tools to address its economic and fiscal crisis; and (2) provide the Commonwealth Government with a tool it needs to address an immediate and imminent crisis that is unprecedented in the history of the United States. SEC. 3. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act. SEC. 4. SEVERABILITY. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act, or the application of that provision to persons or circumstances other than those as to which it is held invalid, is not affected thereby. SEC. 5. DEFINITIONS. In this Act: (1) Bond.--The term ``Bond'' means a bond, loan, line of credit, note, or other borrowing title, in physical or dematerialized form, of which-- (A) the issuer, borrower, or guarantor is the Commonwealth Government; and (B) the date of issuance or incurrence of debt precedes the date of enactment of this Act. (2) Commonwealth.--The term ``Commonwealth'' means the Commonwealth of Puerto Rico. (3) Commonwealth government.--The term ``Commonwealth Government'' means the government of the Commonwealth of Puerto Rico, including all its political subdivisions, public agencies, instrumentalities, and public corporations. (4) Court.--The term ``court'' means the United States District Court for the District of Puerto Rico. (5) Other terms.--Any other term that is used in section 6 and is defined in title 11, United States Code, has the same meaning in section 6. SEC. 6. AUTOMATIC STAY. (a) Except as otherwise provided in this section, the enactment of this Act operates with respect to any claim, debt, or cause of action related to a Bond as a stay, applicable to all entities (as such term is defined in section 101 of title 11, United States Code), of-- (1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the Commonwealth Government or to recover a claim against the Commonwealth Government; (2) the enforcement, against the Commonwealth Government or against property of the Commonwealth Government, of a judgment; (3) any act to obtain possession of property of the Commonwealth Government or of property from the Commonwealth Government or to exercise control over property of the Commonwealth Government; (4) any act to create, perfect, or enforce any lien against property of the Commonwealth Government; (5) any act to create, perfect, or enforce against property of the Commonwealth Government any lien to the extent that such lien secures a claim; (6) any act to collect, assess, or recover a claim against the Commonwealth Government; and (7) the setoff of any debt owing to the Commonwealth Government against any claim against the Commonwealth Government. (b) The enactment of this Act does not operate as a stay under subsection (a) of this section, of the continuation of, including the issuance or employment of process, a judicial, administrative, or other action or proceeding against the Commonwealth Government that was commenced on or before the date of enactment of this Act. (c) Except as provided in subsection (d), (e), or (f), a stay of an act under subsection (a) shall cease to have effect as of April 1, 2016. (d) On motion of a party in interest and after notice and a hearing, the court may grant relief from a stay under subsection (a)-- (1) for cause, including the lack of adequate protection of a security interest in property of such party in interest; or (2) with respect to a stay of an act against property under subsection (a), if-- (A) the debtor does not have an equity in such property; and (B) such property is not necessary for the Commonwealth to provide essential services; (e) Thirty days after a request under subsection (d) of this section for relief from the stay of any act against property of the Commonwealth Government under subsection (a) of this section, such stay is terminated with respect to the party in interest making such request, unless the court, after notice and a hearing, orders such stay continued in effect pending the conclusion of, or as a result of, a final hearing and determination under subsection (d) of this section. A hearing under this subsection may be a preliminary hearing, or may be consolidated with the final hearing under subsection (d) of this section. The court shall order such stay continued in effect pending the conclusion of the final hearing under subsection (d) of this section if there is a reasonable likelihood that the party opposing relief from such stay will prevail at the conclusion of such final hearing. If the hearing under this subsection is a preliminary hearing, then such final hearing shall be concluded not later than 30 days after the conclusion of such preliminary hearing, unless the 30-day period is extended with the consent of the parties in interest or for a specific time which the court finds is required by compelling circumstances. (f) Upon request of a party in interest, the court, with or without a hearing, shall grant such relief from the stay provided under subsection (a) of this section as is necessary to prevent irreparable damage to the secured interest of an entity in property, if such interest will suffer such damage before there is an opportunity for notice and a hearing under subsection (d) or (e) of this section. (g) No order, judgment, or decree entered in violation of this section will have any force or effect. (h) In any hearing under subsection (d) or (e) concerning relief from a stay-- (1) the party requesting such relief has the burden of proof on the issue of the debtor's equity in property; and (2) the party opposing such relief has the burden of proof on all other issues.

Puerto Rico Emergency Financial Stability Act of 2015 This bill grants a temporary stay (until April 1, 2016, with specified exceptions) of any litigation, liens, or other collection actions to recover debts owed by the government of the Commonwealth of Puerto Rico and allows relief from such stay only in limited circumstances.

Puerto Rico Emergency Financial Stability Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicially Enforceable Terrorism Subpoenas Act of 2004''. SEC. 2. ADMINISTRATIVE SUBPOENAS IN TERRORISM INVESTIGATIONS. (a) In General.--Chapter 113B of title 18, United States Code, is amended by inserting after section 2332f the following: ``Sec. 2332g. Judicially enforceable terrorism subpoenas ``(a) Authorization of Use.-- ``(1) In general.--In any investigation concerning a Federal crime of terrorism (as defined under section 2332b(g)(5)), the Attorney General may issue in writing and cause to be served a subpoena requiring the production of any records or other materials that the Attorney General finds relevant to the investigation, or requiring testimony by the custodian of the materials to be produced concerning the production and authenticity of those materials. ``(2) Contents.--A subpoena issued under paragraph (1) shall describe the records or items required to be produced and prescribe a return date within a reasonable period of time within which the records or items can be assembled and made available. ``(3) Attendance of witnesses and production of records.-- ``(A) In general.--The attendance of witnesses and the production of records may be required from any place in any State, or in any territory or other place subject to the jurisdiction of the United States at any designated place of hearing. ``(B) Limitation.--A witness shall not be required to appear at any hearing more than 500 miles distant from the place where he was served with a subpoena. ``(C) Reimbursement.--Witnesses summoned under this section shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. ``(b) Service.-- ``(1) In general.--A subpoena issued under this section may be served by any person designated in the subpoena as the agent of service. ``(2) Service of subpoena.-- ``(A) Natural person.--Service of a subpoena upon a natural person may be made by personal delivery of the subpoena to that person, or by certified mail with return receipt requested. ``(B) Business entities and associations.--Service of a subpoena may be made upon a domestic or foreign corporation, or upon a partnership or other unincorporated association that is subject to suit under a common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. ``(C) Proof of service.--The affidavit of the person serving the subpoena entered by that person on a true copy thereof shall be sufficient proof of service. ``(c) Enforcement.-- ``(1) In general.--In the case of the contumacy by, or refusal to obey a subpoena issued to, any person, the Attorney General may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on, or the subpoenaed person resides, carries on business, or may be found, to compel compliance with the subpoena. ``(2) Order.--A court of the United States described under paragraph (1) may issue an order requiring the subpoenaed person, in accordance with the subpoena, to appear, to produce records, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be punished by the court as contempt thereof. ``(3) Service of process.--Any process under this subsection may be served in any judicial district in which the person may be found. ``(d) Nondisclosure requirement.-- ``(1) In general.--If the Attorney General certifies that otherwise there may result a danger to the national security of the United States, no person shall disclose to any other person that a subpoena was received or records were provided pursuant to this section, other than to-- ``(A) those persons to whom such disclosure is necessary in order to comply with the subpoena; ``(B) an attorney to obtain legal advice with respect to testimony or the production of records in response to the subpoena; or ``(C) other persons as permitted by the Attorney General. ``(2) Notice of nondisclosure requirement.--The subpoena, or an officer, employee, or agency of the United States in writing, shall notify the person to whom the subpoena is directed of the nondisclosure requirements under paragraph (1). ``(3) Further applicability of nondisclosure requirements.--Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under paragraph (1). ``(4) Enforcement of nondisclosure requirement.--Whoever knowingly violates paragraphs (1) or (3) shall be imprisoned for not more than 1 year, and if the violation is committed with the intent to obstruct an investigation or judicial proceeding, shall be imprisoned for not more than 5 years. ``(5) Termination of nondisclosure requirement.--If the Attorney General concludes that a nondisclosure requirement no longer is justified by a danger to the national security of the United States, an officer, employee, or agency of the United States shall notify the relevant person that the prohibition of disclosure is no longer applicable. ``(e) Judicial Review.-- ``(1) In general.--At any time before the return date specified in a summons issued under this section, the person or entity summoned may, in the United States district court for the district in which that person or entity does business or resides, petition for an order modifying or setting aside the summons. ``(2) Modification of nondisclosure requirement.--Any court described under paragraph (1) may modify or set aside a nondisclosure requirement imposed under subsection (d) at the request of a person to whom a subpoena has been directed, unless there is reason to believe that the nondisclosure requirement is justified because otherwise there may result a danger to the national security of the United States. ``(3) Review of government submissions.--In all proceedings under this subsection, the court shall review the submission of the Federal Government, which may include classified information, ex parte and in camera. ``(f) Immunity From Civil Liability.--Any person, including officers, agents, and employees of a non-natural person, who in good faith produce the records or items requested in a subpoena, shall not be liable in any court of any State or the United States to any customer or other person for such production, or for nondisclosure of that production to the customer or other person. ``(g) Guidelines.--The Attorney General shall, by rule, establish such guidelines as are necessary to ensure the effective implementation of this section.''. (b) Amendment to Table of Sections.--The table of sections of chapter 113B of title 18, United States Code, is amended by inserting after the item relating to section 2332f the following: ``2332g. Judicially enforceable terrorism subpoenas.''.

Judicially Enforceable Terrorism Subpoenas Act of 2004 - Amends the Federal criminal code to authorize the Attorney General, in any investigation concerning a Federal crime of terrorism, to subpoena the production of relevant records or materials or testimony by the custodian concerning those materials. Provides that attendance of witnesses and the production of records may be required from any place subject to U.S. jurisdiction at a designated hearing place, except that a witness may not be required to appear at any hearing more than 500 miles from the place where the subpoena is served. Authorizes the Attorney General, under specified circumstances, to invoke the aid of any U.S. court with jurisdiction to compel compliance with the subpoena. Limits disclosure regarding the receipt of a subpoena or the provision of records if the Attorney General certifies that otherwise a danger to national security may result. Sets forth provisions regarding judicial review and immunity from civil liability for compliance with this Act.

A bill to authorize the use of judicially enforceable subpoenas in terrorism investigations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Windstorm Impact Reduction Act Reauthorization of 2014''. SEC. 2. DEFINITIONS. (a) Director.--Section 203(1) of the National Windstorm Impact Reduction Act of 2004 (42 U.S.C. 15702(1)) is amended by striking ``Director of the Office of Science and Technology Policy'' and inserting ``Director of the National Institute of Standards and Technology''. (b) Lifelines.--Section 203 of the National Windstorm Impact Reduction Act of 2004 (42 U.S.C. 15702) is further amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following new paragraph: ``(2) Lifelines.--The term `lifelines' means public works and utilities, including transportation facilities and infrastructure, oil and gas pipelines, electrical power and communication facilities and infrastructure, and water supply and sewage treatment facilities.''. SEC. 3. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM. Section 204 of the National Windstorm Impact Reduction Act of 2004 (42 U.S.C. 15703) is amended-- (1) by striking subsections (a), (b), and (c) and inserting the following: ``(a) Establishment.--There is established the National Windstorm Impact Reduction Program, the purpose of which is to achieve major measurable reductions in the losses of life and property from windstorms through a coordinated Federal effort, in cooperation with other levels of government, academia, and the private sector, aimed at improving the understanding of windstorms and their impacts and developing and encouraging the implementation of cost-effective mitigation measures to reduce those impacts. ``(b) Responsibilities of Program Agencies.-- ``(1) Lead agency.--The National Institute of Standards and Technology shall have the primary responsibility for planning and coordinating the Program. In carrying out this paragraph, the Director shall-- ``(A) ensure that the Program includes the necessary components to promote the implementation of windstorm risk reduction measures by Federal, State, and local governments, national standards and model building code organizations, architects and engineers, and others with a role in planning and constructing buildings and lifelines; ``(B) support the development of performance-based engineering tools, and work with appropriate groups to promote the commercial application of such tools, including through wind-related model building codes, voluntary standards, and construction best practices; ``(C) request the assistance of Federal agencies other than the Program agencies, as necessary to assist in carrying out this Act; ``(D) coordinate all Federal post-windstorm investigations; and ``(E) when warranted by research or investigative findings, issue recommendations to assist in informing the development of model codes, and provide information to Congress on the use of such recommendations. ``(2) National institute of standards and technology.--In addition to the lead agency responsibilities described under paragraph (1), the National Institute of Standards and Technology shall be responsible for carrying out research and development to improve model building codes, voluntary standards, and best practices for the design, construction, and retrofit of buildings, structures, and lifelines. ``(3) National science foundation.--The National Science Foundation shall support research in-- ``(A) engineering and the atmospheric sciences to improve the understanding of the behavior of windstorms and their impact on buildings, structures, and lifelines; and ``(B) economic and social factors influencing windstorm risk reduction measures. ``(4) National oceanic and atmospheric administration.--The National Oceanic and Atmospheric Administration shall support atmospheric sciences research to improve the understanding of the behavior of windstorms and their impact on buildings, structures, and lifelines. ``(5) Federal emergency management agency.--The Federal Emergency Management Agency shall-- ``(A) support-- ``(i) the development of risk assessment tools and effective mitigation techniques; ``(ii) windstorm-related data collection and analysis; ``(iii) public outreach and information dissemination; and ``(iv) promotion of the adoption of windstorm preparedness and mitigation measures, including for households, businesses, and communities, consistent with the Agency's all- hazards approach; and ``(B) work closely with national standards and model building code organizations, in conjunction with the National Institute of Standards and Technology, to promote the implementation of research results and promote better building practices within the building design and construction industry, including architects, engineers, contractors, builders, and inspectors.''; (2) by redesignating subsection (d) as subsection (c), and by striking subsections (e) and (f); and (3) by inserting after subsection (c), as so redesignated, the following new subsections: ``(d) Budget Activities.--The Director of the National Institute of Standards and Technology, the Director of the National Science Foundation, the Director of the National Oceanic and Atmospheric Administration, and the Director of the Federal Emergency Management Agency shall each include in their agency's annual budget request to Congress a description of their agency's projected activities under the Program for the fiscal year covered by the budget request, along with an assessment of what they plan to spend on those activities for that fiscal year. ``(e) Interagency Coordinating Committee on Windstorm Impact Reduction.-- ``(1) Establishment.--There is established an Interagency Coordinating Committee on Windstorm Impact Reduction, chaired by the Director. ``(2) Membership.--In addition to the chair, the Committee shall be composed of-- ``(A) the heads of-- ``(i) the Federal Emergency Management Agency; ``(ii) the National Oceanic and Atmospheric Administration; ``(iii) the National Science Foundation; ``(iv) the Office of Science and Technology Policy; and ``(v) the Office of Management and Budget; and ``(B) the head of any other Federal agency the chair considers appropriate. ``(3) Meetings.--The Committee shall meet not less than 2 times a year at the call of the Director of the National Institute of Standards and Technology. ``(4) General purpose and duties.--The Committee shall oversee the planning and coordination of the Program. ``(5) Strategic plan.--The Committee shall develop and submit to Congress, not later than one year after the date of enactment of the National Windstorm Impact Reduction Act Reauthorization of 2014, a Strategic Plan for the Program that includes-- ``(A) prioritized goals for the Program that will mitigate against the loss of life and property from future windstorms; ``(B) short-term, mid-term, and long-term research objectives to achieve those goals; ``(C) a description of the role of each Program agency in achieving the prioritized goals; ``(D) the methods by which progress towards the goals will be assessed; and ``(E) an explanation of how the Program will foster the transfer of research results into outcomes, such as improved model building codes. ``(6) Progress report.--Not later than 18 months after the date of enactment of the National Windstorm Impact Reduction Act Reauthorization of 2014, the Committee shall submit to the Congress a report on the progress of the Program that includes-- ``(A) a description of the activities funded under the Program, a description of how these activities align with the prioritized goals and research objectives established in the Strategic Plan, and the budgets, per agency, for these activities; ``(B) the outcomes achieved by the Program for each of the goals identified in the Strategic Plan; ``(C) a description of any recommendations made to change existing building codes that were the result of Program activities; and ``(D) a description of the extent to which the Program has incorporated recommendations from the Advisory Committee on Windstorm Impact Reduction. ``(7) Coordinated budget.--The Committee shall develop a coordinated budget for the Program, which shall be submitted to the Congress at the time of the President's budget submission for each fiscal year.''. SEC. 4. NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT REDUCTION. Section 205 of the National Windstorm Impact Reduction Act of 2004 (42 U.S.C. 15704) is amended to read as follows: ``SEC. 205. NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT REDUCTION. ``(a) In General.--The Director of the National Institute of Standards and Technology shall establish an Advisory Committee on Windstorm Impact Reduction, which shall be composed of at least 7 members, none of whom may be employees of the Federal Government, including representatives of research and academic institutions, industry standards development organizations, emergency management agencies, State and local government, and business communities who are qualified to provide advice on windstorm impact reduction and represent all related scientific, architectural, and engineering disciplines. The recommendations of the Advisory Committee shall be considered by Federal agencies in implementing the Program. ``(b) Assessments.--The Advisory Committee on Windstorm Impact Reduction shall offer assessments on-- ``(1) trends and developments in the natural, engineering, and social sciences and practices of windstorm impact mitigation; ``(2) the priorities of the Program's Strategic Plan; ``(3) the coordination of the Program; and ``(4) any revisions to the Program which may be necessary. ``(c) Compensation.--The members of the Advisory Committee established under this section shall serve without compensation. ``(d) Reports.--At least every 2 years, the Advisory Committee shall report to the Director on the assessments carried out under subsection (b) and its recommendations for ways to improve the Program. ``(e) Charter.--Notwithstanding section 14(b)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), the Advisory Committee shall not be required to file a charter subsequent to its initial charter, filed under section 9(c) of such Act, before the termination date specified in subsection (f) of this section. ``(f) Termination.--The Advisory Committee shall terminate on September 30, 2016. ``(g) Conflict of Interest.--An Advisory Committee member shall recuse himself from any Advisory Committee activity in which he has an actual pecuniary interest.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 207 of the National Windstorm Impact Reduction Act of 2004 (42 U.S.C. 15706) is amended to read as follows: ``SEC. 207. AUTHORIZATION OF APPROPRIATIONS. ``(a) Federal Emergency Management Agency.--There are authorized to be appropriated to the Federal Emergency Management Agency for carrying out this title-- ``(1) $5,332,000 for fiscal year 2014; and ``(2) $5,332,000 for fiscal year 2015. ``(b) National Science Foundation.--There are authorized to be appropriated to the National Science Foundation for carrying out this title-- ``(1) $9,682,000 for fiscal year 2014; and ``(2) $9,682,000 for fiscal year 2015. ``(c) National Institute of Standards and Technology.--There are authorized to be appropriated to the National Institute of Standards and Technology for carrying out this title-- ``(1) $4,120,000 for fiscal year 2014; and ``(2) $4,120,000 for fiscal year 2015. ``(d) National Oceanic and Atmospheric Administration.--There are authorized to be appropriated to the National Oceanic and Atmospheric Administration for carrying out this title-- ``(1) $2,266,000 for fiscal year 2014; and ``(2) $2,266,000 for fiscal year 2015.''. Passed the House of Representatives July 14, 2014. Attest: KAREN L. HAAS, Clerk.

National Windstorm Impact Reduction Act Reauthorization of 2014 - (Sec. 2) Amends the National Windstorm Impact Reduction Act of 2004 to revise provisions governing the National Windstorm Impact Reduction Program. Defines the "Director" of the Program to mean the Director of the National Institute of Standards and Technology (NIST) (currently, the Director of the Office of Science and Technology Policy). (Sec. 3) Designates NIST as the entity with primary responsibility for Program planning and coordination and expands the responsibilities of the other Program agencies, which include the National Science Foundation (NSF), the Federal Emergency Management Agency (FEMA), and the National Oceanic and Atmospheric Administration (NOAA). Requires NIST to: (1) ensure that the Program includes the necessary components to promote implementation of windstorm risk reduction measures, (2) support the development of performance-based engineering tools, (3) request the assistance of federal agencies other than the Program agencies as necessary, (4) coordinate all federal post-windstorm investigations, and (5) issue recommendations to assist in informing the development of model codes. Requires NSF to support research in economic and social factors influencing windstorm risk reduction measures. Requires FEMA to: (1) promote the adoption of windstorm preparedness and mitigation measures, including for households, businesses, and communities; and (2) work closely with national standards and model building code organizations to promote the implementation of research results and promote better building practices within the building design and construction industry. Requires the Directors of the Program agencies to each include in their agency's annual budget request a description of their agency's projected activities under the Program and an assessment of what they plan to spend on those activities. Replaces provisions establishing an Interagency Working Group with provisions establishing the Interagency Coordinating Committee on Windstorm Impact Reduction, which shall be composed of the heads of the Program agencies and the Office of Management and Budget (OMB). Directs the Committee to oversee Program planning and coordination and to develop and submit to Congress a strategic plan, progress report, and coordinated budget for the Program. (Sec. 4) Revises provisions providing for the establishment of an Advisory Committee on Windstorm Impact Reduction (currently, the National Advisory Committee on Windstorm Impact Reduction), which shall: (1) be composed of at least seven non-federal members, (2) provide recommendations to be considered by federal agencies in implementing the Program, and (3) offer assessments of the priorities of the Program's strategic plan, coordination of the Program, and Program revisions. Terminates the Committee on September 30, 2016. Authorizes appropriations to the Program agencies for FY2014-FY2015 for carrying out the Program.

National Windstorm Impact Reduction Act Reauthorization of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Higher Education Act of 2007''. SEC. 2. INCREASE IN FEDERAL PELL GRANTS. (a) Amendment.--Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) is amended-- (1) in subsection (a)(1), by striking ``2004'' and inserting ``2008''; and (2) in subsection (b)-- (A) in subparagraph (A) of paragraph (2), by striking ``shall be--'' and all that follows through ``that year.'' and inserting ``shall be $5,100 for academic year 2007-2008, less an amount equal to the amount determined to be the expected family contribution with respect to that student for that year.''; and (B) in paragraph (5), by striking ``$400'' each place the term appears and inserting ``$500''. (b) Additional Funds.-- (1) In general.--There are authorized to be appropriated, and there are appropriated, to carry out paragraph (2) (in addition to any other amounts appropriated to carry out section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) and out of any money in the Treasury not otherwise appropriated) $4,331,000,000 for academic year 2007-2008. (2) Increase in federal pell grants.--The funds made available pursuant to paragraph (1) shall be used to increase the amount of the maximum Federal Pell Grant under section 401 of the Higher Education Act of 1965 for which funds are appropriated under appropriations Acts for fiscal year 2007 by $1,050 for award year 2007-2008. (c) Effective Date.--The amendments made by subsection (a)(2)(B) shall take effect on July 1, 2007. SEC. 3. EXPANSION OF DEDUCTION FOR INTEREST ON EDUCATION LOANS. (a) Increased Limitation.-- (1) Maximum deduction.--Paragraph (1) of section 221(b) of the Internal Revenue Code of 1986 (relating to maximum deduction) is amended to read as follows: ``(1) In general.--Except as provided in paragraph (2), the deduction allowed by subsection (a) for the taxable year shall not exceed $3,750.''. (2) Increase in phaseout.--Subclause (II) of section 221(b)(2)(i) of such Code is amended by striking ``$50,000 ($100,000'' and inserting ``$75,000 ($150,000''. (b) Conforming Amendment.--Section 221(f)(1) of such Code is amended to read as follows: ``(1) In general.--In the case of a taxable year beginning after 2007, the $75,000 and $150,000 amounts in subsection (b)(2) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. (d) Repeal of EGTRRA Sunset.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of such Act) shall not apply to section 412 of such Act (relating to elimination of 60-month limit and increase in income limitation on student loan interest deduction). SEC. 4. COVERDELL EDUCATION SAVINGS ACCOUNTS. (a) Increase in Allowable Contributions.-- (1) 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 ``$3,000''. (2) Conforming amendment.--Section 4973(e)(1)(A) of such Code is amended by striking ``$2,000'' and inserting ``$3,000''. (b) Reports.--Subsection (h) of section 530 of such Code is amended by striking the period at the end of the last sentence and inserting ``, except that reports shall be so filed and furnished for any calendar year not later than June 30 of the following year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. (d) Repeal of EGTRRA Sunset.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of such Act) shall not apply to section 401 of such Act (relating to modifications to education individual retirement accounts). SEC. 5. REPEAL OF EGTRRA SUNSET FOR EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE. Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of such Act) shall not apply to section 411 of such Act (relating to extension of exclusion for employer-provided educational assistance).

Improving Access to Higher Education Act of 2007 - Amends the Higher Education Act of 1965 to increase the maximum Pell Grant award to $5,100 for the 2007-2008 academic year. Raises the minimum Pell Grant award from $400 to $500. Amends the Internal Revenue Code to raise: (1) the maximum student loan interest deduction to $3,750; and (2) the modified adjusted gross income level where such deduction begins to be phased-out. Exempts from the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA): (1) the elimination of the 60-month limit on the period of such deduction; and (2) the increase in the income limitation on such deduction. Increases the maximum annual contribution limit for Coverdell education savings accounts from $2,000 to $3,000, and makes such increase permanent. Repeals the EGTRRA sunset on the tax exclusion of employer-provided educational assistance.

A bill to provide an increase in funding for Federal Pell Grants, to amend the Internal Revenue Code of 1986 in order to expand the deduction for interest paid on student loans, raise the contribution limits for Coverdell Education Savings Accounts, and make the exclusion for employer provided educational assistance permanent, and for other purposes.

SECTION 1. TEMPORARY INCREASE OF MEDICAID FMAP. (a) Permitting Maintenance of Fiscal Year 2007 FMAP for Last 2 Calendar Quarters of Fiscal Year 2008.--Subject to subsection (e), if the FMAP determined without regard to this section for a State for fiscal year 2008 is less than the FMAP as so determined for fiscal year 2007, the FMAP for the State for fiscal year 2007 shall be substituted for the State's FMAP for the third and fourth calendar quarters of fiscal year 2008, before the application of this section. (b) Permitting Maintenance of Fiscal Year 2008 FMAP for First 3 Quarters of Fiscal Year 2009.--Subject to subsection (e), if the FMAP determined without regard to this section for a State for fiscal year 2009 is less than the FMAP as so determined for fiscal year 2008, the FMAP for the State for fiscal year 2008 shall be substituted for the State's FMAP for the first, second, and third calendar quarters of fiscal year 2009, before the application of this section. (c) General 2.95 Percentage Points Increase for Last 2 Calendar Quarters of Fiscal Year 2008 and First 3 Calendar Quarters of Fiscal Year 2009.--Subject to subsections (e), (f), and (g), for each State for the third and fourth calendar quarters of fiscal year 2008 and for the first, second, and third calendar quarters of fiscal year 2009, the FMAP (taking into account the application of subsections (a) and (b)) shall be increased by 2.95 percentage points. (d) Increase in Cap on Medicaid Payments to Territories.--Subject to subsections (f) and (g), with respect to the third and fourth calendar quarters of fiscal year 2008 and the first, second, and third calendar quarters of fiscal year 2009, the amounts otherwise determined for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) shall each be increased by an amount equal to 5.90 percent of such amounts. (e) Scope of Application.--The increases in the FMAP for a State under this section shall apply only for purposes of title XIX of the Social Security Act and shall not apply with respect to-- (1) disproportionate share hospital payments described in section 1923 of such Act (42 U.S.C. 1396r-4); (2) payments under title IV or XXI of such Act (42 U.S.C. 601 et seq. and 1397aa et seq.); or (3) any payments under XIX of such Act that are based on the enhanced FMAP described in section 2105(b) of such Act (42 U.S.C. 1397ee(b)). (f) State Eligibility.-- (1) In general.--Subject to paragraph (2), a State is eligible for an increase in its FMAP under subsection (c) or an increase in a cap amount under subsection (d) only if the eligibility under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) is no more restrictive than the eligibility under such plan (or waiver) as in effect on January 1, 2008. (2) State reinstatement of eligibility permitted.--A State that has restricted eligibility under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) after January 1, 2008, is eligible for an increase in its FMAP under subsection (c) or an increase in a cap amount under subsection (d) in the first calendar quarter (and subsequent calendar quarters) in which the State has reinstated eligibility that is no more restrictive than the eligibility under such plan (or waiver) as in effect on January 1, 2008. (3) Rule of construction.--Nothing in paragraph (1) or (2) shall be construed as affecting a State's flexibility with respect to benefits offered under the State medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)). (g) Requirement for Certain States.--In the case of a State that requires political subdivisions within the State to contribute toward the non-Federal share of expenditures under the State medicaid plan required under section 1902(a)(2) of the Social Security Act (42 U.S.C. 1396a(a)(2)), the State shall not require that such political subdivisions pay a greater percentage of the non-Federal share of such expenditures for the third and fourth calendar quarters of fiscal year 2008 and the first, second, and third calendar quarters of fiscal year 2009, than the percentage that would have been required by the State under such plan on March 31, 2008, prior to application of this section. (h) Definitions.--In this section: (1) FMAP.--The term ``FMAP'' means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)). (2) State.--The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (3) Repeal.--Effective as of October 1, 2009, this section is repealed.

Provides that, if the federal medical assistance percentage (FMAP) determined under title XIX (Medicaid) of the Social Security Act without regard to this Act for a state for FY2008 is less than the FMAP as so determined for FY2007, the FY2007 FMAP shall be substituted for the FMAP for the third and fourth calendar quarters of FY2008, before the application of this Act. Provides that, if the FMAP determined without regard to this Act for a state for FY2009 is less than the FMAP as so determined for FY2008, the FY2008 FMAP shall be substituted for the FMAP for the first, second, and third calendar quarters of FY2009, before the application of this Act. Provides that, for each eligible state for the third and fourth calendar quarters of FY2008, and for the first, second, and third calendar quarters of FY2009, the FMAP shall be increased by 2.95 percentage points. Provides for an increase in the cap on Medicaid payments to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.

A bill to provide for a temporary increase of the Federal medical assistance percentage under the Medicaid program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Environment from Countries Under Repression and Emergency Act'' or the ``SECURE Act''. SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN FOREIGN NATIONALS. (a) Adjustment of Status.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)), the status of any alien described in subsection (b) shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence if the alien-- (A) is not inadmissible under paragraph (2) or (3) of section 212(a) of such Act (8 U.S.C. 1182(a)); (B) is not deportable under paragraph (2), (3), or (4) of section 237(a) of such Act (8 U.S.C. 1227(a)); and (C) is not described in section 208(b)(2)(A)(i) of such Act (8 U.S.C. 1158(b)(2)(A)(i)). (2) Relationship of application to certain orders.-- (A) In general.--An alien who is present in the United States and has been ordered removed, or permitted voluntarily to depart, from the United States under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) may, notwithstanding such order, apply for adjustment of status under paragraph (1). (B) Motion not required.--An alien described in subparagraph (A) may not be required, as a condition of submitting or approving an application under such subparagraph, to file a motion to reopen, reconsider, or vacate an order described in such subparagraph. (C) Approval.--If the Secretary of Homeland Security approves an application submitted by an alien under subparagraph (A), the Secretary shall cancel the order related to the alien that is referred to in such subparagraph. (D) Denial.--If the Secretary of Homeland Security renders a final administrative decision to deny an application submitted by an alien under subparagraph (A), the order related to such alien shall be effective and enforceable to the same extent as if such application had not been made. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--An alien is described in this subsection if the alien-- (A) is a national of a foreign state that was at any time designated under section 244(b) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)); (B)(i) is in temporary protected status under section 244 of the Immigration and Nationality Act 8 (8 U.S.C. 1254a); (ii) held temporary protected status as a national of a designated country listed in paragraph (1); or (iii) qualified for temporary protected status at the time the last designation was made by the Secretary of Homeland Security; (C) has been continuously present in the United States for at least 3 years and is physically present in the United States on the date on which the alien files an application for adjustment of status under this section; and (D) passes all applicable criminal and national security background checks. (2) Short absences.--An alien shall not be considered to have failed to maintain continuous physical presence in the United States under paragraph (1)(C) by reason of an absence, or multiple absences, from the United States for any period or periods that do not exceed, in the aggregate, 180 days. (3) Waiver authorized.--Notwithstanding any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), an alien who fails to meet the continuous physical presence requirement under paragraph (1)(C) shall be considered eligible to receive an adjustment of status under this section if the Attorney General or the Secretary of Homeland Security determines that the removal of the alien from the United States would result in extreme hardship to the alien or the alien's spouse, children, parents, or domestic partner. (c) Stay of Removal.-- (1) In general.--Except as provided in paragraph (2), an alien who is subject to a final order of removal may not be removed if the alien-- (A) has a pending application under subsection (a); or (B)(i) is prima facie eligible to file an application under subsection (a); and (ii) indicates that he or she intends to file such an application. (2) Exception.--Paragraph (1) shall not apply to any alien whose application under subsection (a) has been denied by the Secretary of Homeland Security in a final administrative determination. (3) During certain proceedings.-- (A) In general.--Except as provided in subparagraph (B) and notwithstanding any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland Security may not order any alien to be removed from the United States if the alien raises, as a defense to such an order, the eligibility of the alien to apply for adjustment of status under subsection (a). (B) Exception.--Subparagraph (A) shall not apply to any alien whose application under subsection (a) has been denied by the Secretary of Homeland Security in a final administrative determination. (4) Work authorization.--The Secretary of Homeland Security-- (A) shall authorize any alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States while such application is pending; and (B) may provide such alien with an ``employment authorized'' endorsement or other appropriate document signifying such employment authorization. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)) and except as provided in paragraphs (2) and (3), the Secretary of Homeland Security shall adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien-- (A) is the spouse, domestic partner, child, or unmarried son or daughter of an alien whose status has been adjusted to that of an alien lawfully admitted for permanent residence under subsection (a); (B) is physically present in the United States on the date on which the alien files an application for such adjustment of status; and (C) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence. (2) Continuous presence requirement.-- (A) In general.--The status of an unmarried son or daughter referred to in paragraph (1)(A) may not be adjusted under paragraph (1) until such son or daughter establishes that he or she has been physically present in the United States for at least 1 year. (B) Short absences.--An alien shall not be considered to have failed to maintain continuous physical presence in the United States under subparagraph (A) by reason of an absence, or multiple absences, from the United States for any period or periods that do not exceed, in the aggregate, 180 days. (3) Waiver.--In determining eligibility and admissibility under paragraph (1)(C), the grounds for inadmissibility under paragraphs (4), (5), (6), (7)(A), and (9) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (e) Availability of Administrative Review.--The Secretary of Homeland Security shall provide applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act 19 (8 U.S.C. 1255); or (2) aliens who are subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a). (f) Exceptions to Numerical Limitations.--The numerical limitations set forth in sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to aliens whose status is adjusted pursuant to subsection (a). SEC. 3. ADDITIONAL REPORTING REQUIREMENTS REGARDING FUTURE DISCONTINUED ELIGIBILITY OF ALIENS FROM COUNTRIES CURRENTLY LISTED UNDER TEMPORARY PROTECTED STATUS. Section 244(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)(3)) is amended-- (1) in subparagraph (A)-- (A) by striking ``the Attorney General'' and inserting ``, the Secretary of Homeland Security''; (B) by inserting ``(including a recommendation from the Secretary of State that is received by the Secretary of Homeland Security not later than 90 days before the end of such period of designation)'' after ``Government''; and (C) by striking ``The Attorney General'' and inserting ``The Secretary''; and (2) in subparagraph (B)-- (A) by striking ``If the Attorney General'' and inserting the following: ``(i) In general.--If the Secretary of Homeland Security''; (B) in clause (i), as redesignated, by striking ``Attorney General'' and inserting ``Secretary''; and (C) by adding at the end the following: ``(ii) Report.--Not later than 3 days after the publication of the Secretary's determination in the Federal Register that a country's designation under paragraph (1) is being terminated, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that shall include-- ``(I) an explanation of the event or events that initially prompted such country's designation under paragraph (1); ``(II) the progress the country has made in remedying the designation under paragraph (1), including any significant challenges or shortcomings that have not been addressed since the initial designation; ``(III) a statement indicating whether the country has requested a designation under paragraph (1), a redesignation under such paragraph, or an extension of such designation; and ``(IV) an analysis, with applicable and relevant metrics, as determined by the Secretary, of the country's ability to repatriate its nationals, including-- ``(aa) the country's financial ability to provide for its repatriated citizens; ``(bb) the country's financial ability to address the initial designation under paragraph (1) without foreign assistance; ``(cc) the country's gross domestic product and per capita gross domestic product per capita; ``(dd) an analysis of the country's political stability and its ability to be economically self-sufficient without foreign assistance; ``(ee) the economic and social impact repatriation of nationals in possession of temporary protected status would have on the recipient country; and ``(ff) any additional metrics the Secretary considers necessary.''. SEC. 4. OTHER MATTERS. (a) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this Act, the definitions in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this Act. (b) Savings Provision.--Nothing in this Act may be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Secretary of Homeland Security in the administration and enforcement of the immigration laws. (c) Eligibility for Other Immigration Benefits.--An alien who is eligible to be granted the status of an alien lawfully admitted for permanent residence under section 2 may not be precluded from seeking such status under any other provision of law for which the alien may otherwise be eligible.

Safe Environment from Countries Under Repression and Emergency Act or the SECURE Act This bill permits a qualifying alien who is not inadmissible or deportable under certain criminal or security grounds or who did not participate in persecution to apply for adjustment to lawful permanent resident status if such alien: (1) is in temporary protected status (TPS), (2) held TPS status, (3) qualified for TSP status at the time of the Department of Homeland Security's (DHS) last TPS designation, or (4) is a national of a foreign country that was at any time a TPS-designated country. TPS designation permits eligible nationals of designated counties affected by armed conflict or natural disasters to temporarily reside and work in the United States. An alien who has applied for status adjustment may work while the application is pending. The spouse, domestic partner, child, or unmarried son or daughter of an alien who has adjusted to lawful permanent resident status may also adjust to such status subject to certain conditions. An unmarried son or daughter must additionally establish physical presence in the United States for at least one year. An alien subject to a final order of removal may not be removed if the alien has a pending status adjustment application or is prima facie eligible to file an application and indicates an intention to do so. An alien who raises the defense of status adjustment eligibility may not be removed unless DHS has already denied the alien's application.

Safe Environment from Countries Under Repression and Emergency Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broad-Based Stock Option Plan Transparency Act of 2003.'' SEC. 2. CONGRESSIONAL FINDINGS. Congress finds the following: (1) Innovation and entrepreneurship, particularly in the high technology industry, helped propel the economic growth of the 1990s, and will continue to be the essential building blocks of economic growth in the 21st century. (2) Broad-based employee stock option plans enable entrepreneurs and corporations to attract quality workers, to incentivize worker innovation, and to stimulate productivity, which in turn increase shareholder value. (3) Broad-based employee stock options plans that expand corporate ownership to rank-and-file employees spur capital formation, benefit workers, and improve corporate performance to the benefit of investors and the economy. (4) Concerns raised about the impact of employee stock option plans on shareholder value raise legitimate issues relevant to the current level of disclosure and transparency of those plans to current and potential investors. (5) Investors deserve to have accurate, reliable, and meaningful information about the existence of outstanding employee stock options and their impact on the share value of a going concern. SEC. 3. IMPROVED EMPLOYEE STOCK OPTION TRANSPARENCY AND REPORTING DISCLOSURES. (a) Enhanced Disclosures Required.-- Not later than 180 days after the enactment of this Act, the Securities and Exchange Commission (hereafter referred to as the ``Commission'') shall, by rule, require, for each company filing periodic reports under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)), that such reports include more detailed information regarding stock option plans, stock purchase plans, and other arrangements involving an employee acquisition of an equity interest in the company, particularly with respect to the dilutive effect of such plans, including-- (1) a discussion, written in ``plain English'' (in accordance with the Plain English Handbook published by the Office of Investor Education and Assistance of the Commission), of the dilutive effect of stock option plans, including tables or graphic illustrations of such dilutive effects; (2) expanded disclosure of the dilutive effect of employee stock options on the company's earnings per share number; (3) prominent placement and increased comparability of all stock option related information; and (4) a summary of the stock options granted to the 5 most highly compensated executive officers of the company, including any outstanding stock options of those officers. (b) Equity Interest.--As used in this section, the term ``equity interest'' includes common stock, preferred stock, stock appreciation rights, phantom stock, and any other security that replicates the investment characteristics of such securities, and any right or option to acquire any such security. SEC. 4. EVALUATION OF EMPLOYEE STOCK OPTION PLANS TRANSPARENCY AND REPORTING DISCLOSURES AND REPORT TO CONGRESS. (a) Study and Report.--The Commission shall examine the effectiveness of the enhanced disclosures required in Section 3 in increasing transparency to current and potential investors during the 3-year period following the issuance of a final rule pursuant to section 3(a). Not later than 180 days after the end of such 3-year period, the Commission shall transmit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (b) Moratorium on New Accounting Standards Related to Stock Options.--Beginning on the date of enactment of this Act and continuing until the transmission of the report required under subsection (a), the Commission shall not recognize as generally accepted accounting principles any new accounting standards related to the treatment of stock options. SEC. 5. STUDY ON THE ECONOMIC IMPACT OF BROAD-BASED EMPLOYEE STOCK OPTION PLANS AND REPORT TO CONGRESS. (a) Study.--The Secretary of Commerce shall conduct a study and analysis of broad-based employee stock option plans, particularly in the high technology and any other high growth industries. Such study and analysis shall include an examination of the following issues: (1) The impact of such plans on expanding employee corporate ownership to workers at a wide-range of income levels, with a particular focus on rank-and-file employees. (2) The role of such plans in the recruitment and retention of skilled workers. (3) The role of such plans in stimulating research and innovation. (4) Their impact on the economic growth of the United States. (5) The role of such plans in strengthening the international competitiveness of companies organized under the laws of the United States. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit a report and analysis of the study required by subsection (a) to-- (1) the Committee on Energy and Commerce and the Committee on Financial Services of the House of Representatives; and (2) the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs of the Senate.

Broad-Based Stock Option Plan Transparency Act of 2003 - Directs the Securities and Exchange Commission (SEC) to require companies to include within certain mandatory reports details regarding stock option plans, stock purchase plans, and other arrangements involving employee acquisition of an equity interest in the company, including: (1) a discussion of the dilutive effect of stock option plans (written in accordance with the Plain English Handbook published by the Office of Investor Education and Assistance of the Commission); (2) expanded disclosure of the dilutive effect of employee stock options on the company's earnings per share number; (3) prominent placement and increased comparability of all stock option related information; and (4) a summary of stock options granted to the five most highly compensated executive officers, including outstanding stock options of those officers. Directs the SEC to examine and report to specified congressional committees on the effectiveness of the enhanced disclosures required by this Act in increasing transparency to current and potential investors. Prohibits the Commission, between enactment of this Act and submission of such report, from recognizing as generally accepted accounting principles any new accounting standards regarding the treatment of stock options. Directs the Secretary of Commerce to analyze and report to specified congressional committees on broad-based employee stock option plans, particularly in the high technology and any other high growth industries.

To direct the Securities and Exchange Commission to require enhanced disclosures of employee stock options, and to require a study on the economic impact of broad-based employee stock option plans, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare IVIG Access Act of 2008''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Medicare payment for intravenous immune globulins. Sec. 4. Coverage and payment of intravenous immune globulin in the home. Sec. 5. Reports. Sec. 6. Offset. SEC. 2. FINDINGS. Congress makes the following findings: (1) Intravenous immune globulin (IVIG) is a human blood plasma derived product, which over the past 25 years has become an invaluable therapy for many primary immunodeficiency diseases, as well as a number of neurological, autoimmune, and other chronic conditions and illnesses. For many of these disorders, IVIG is the most effective and viable treatment available, and has dramatically improved the quality of life for persons with these conditions and has become a life-saving therapy for many. (2) The Food and Drug Administration recognizes each IVIG brand as a unique biologic. The differences in basic fractionation and the addition of various modifications for further purification, stabilization, and virus inactivation/ removal yield clearly different biological products. As a result, IVIG therapies are not interchangeable, with patient tolerance differing from one IVIG brand to another. (3) The report of the Office of the Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services, ``Analysis of Supply, Distribution, Demand, and Access Issues Associated with Immune Globulin Intravenous (IGIV)'', that was issued in May 2007, found that IVIG manufacturing is complex and requires substantial up-front cash outlay and planning and takes between 7 and 12 months from plasma collection at donor centers to lot release by the Food and Drug Administration. (4) The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2066) changed Medicare's reimbursement methodology for IVIG from average wholesale price (AWP) to average sales price plus 6 percent (ASP+6 percent), effective January 1, 2005, for physicians, and January 1, 2006, for hospital outpatient departments, thereby reducing reimbursement rates paid to those providers of IVIG on behalf of Medicare beneficiaries. (5) An April 2007 report of the Office of Inspector General of the Department of Health and Human Services, ``Intravenous Immune Globulin: Medicare Payment and Availability'', found that Medicare reimbursement for IVIG was inadequate to cover the cost many providers must pay for the product. During the third quarter of 2006, 44 percent of IVIG sales to hospitals and 41 percent of sales to physicians by the 3 largest distributors occurred at prices above Medicare payment amounts. (6) The report of the Office of the Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services, ``Analysis of Supply, Distribution, Demand, and Access Issues Associated with Immune Globulin Intravenous (IGIV)'' notes that, after the new reimbursement rules for physicians were instituted in 2005, 42 percent of Medicare beneficiaries who had received their IVIG treatment in their physician's office at the end of 2004 were shifted to the hospital outpatient setting by the beginning of 2006. This shift in site of care has resulted in a lack of continuity of care and has had an adverse impact on health outcomes and quality of life. (7) The Office of Inspector General of the Department of Health and Human Services also reported that 61 percent of responding physicians indicated that they had sent patients to hospitals for IVIG treatment, largely because of their inability to purchase IVIG at prices below the Medicare payment amounts. In addition, the Office of Inspector General found that some physicians had stopped providing IVIG to Medicare beneficiaries altogether. (8) The Office of Inspector General's 2007 report concluded that whatever improvement some providers saw in the relationship of Medicare reimbursement for IVIG to prices paid during the first 3 quarters of 2006 would be eroded if manufacturers were to increase prices for IVIG in the future. (9) The Centers for Medicare & Medicaid Services, in recognition of dislocations experienced by patients and providers in obtaining IVIG since the change to the ASP+6 reimbursement methodology, has provided a temporary additional payment during 2006 and 2007 for IVIG preadministration-related services to compensate physicians and hospital outpatient departments for the extra resources they have had to expend in locating and obtaining appropriate IVIG products and in scheduling patient infusions. (10) Approximately 10,000 Medicare beneficiaries receive IVIG treatment for their primary immunodeficiency disease in a variety of different settings. Those beneficiaries have no other effective treatment for their condition. (11) The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 established an IVIG home infusion benefit for persons with primary immune deficiency disease, paying only for IVIG and specifically excluding coverage of items and services related to administration of the product. (12) The report of the Office of the Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services, ``Analysis of Supply, Distribution, Demand, and Access Issues Associated with Immune Globulin Intravenous (IGIV)'', noted that, because of limitations in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 provision, Medicare's IVIG home infusion benefit is not designed to provide reimbursement for more than the cost of IVIG and does not cover the cost of infusion services (such as nursing and clinical services and supplies) in the home. As a consequence, the report found that home infusion providers generally do not accept new patients who have primary immune deficiency disease and only have Medicare coverage. These limitations in service are caused by health care providers-- (A) not being able to acquire IVIG at prices at or below the Medicare part B reimbursement level; and (B) not being reimbursed for the infusion services provided by a nurse. (13) Access to home infusion of IVIG for patients with primary immune deficiency disease, who have a genetic or intrinsic defect in their human immune system, will reduce their exposure to infections at a time when their antibodies are compromised and will improve the quality of care and health of the patient. SEC. 3. MEDICARE PAYMENT FOR INTRAVENOUS IMMUNE GLOBULINS. (a) In General.--Section 1842(o) of the Social Security Act (42 U.S.C. 1395u(o)) is amended-- (1) in paragraph (1)(E)(ii), by inserting ``, plus an additional amount (if applicable) under paragraph (7)'' before the period at the end; (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following new paragraph: ``(7)(A) Not later than 6 months after the date of enactment of the Medicare IVIG Access Act of 2008, the Secretary shall-- ``(i) collect data on the differences, if any, between payments to physicians for intravenous immune globulin under paragraph (1)(E)(ii) and costs incurred by physicians for furnishing such products; and ``(ii) review available data, including survey and pricing data collected by the Federal Government and data presented by members of the intravenous immune globulin community on the access of individuals eligible for services under this part to intravenous immune globulin and the differences described in clause (i). ``(B) Subject to subparagraph (C), in the case of intravenous immune globulin furnished on or after the date of enactment of this paragraph, the Secretary shall continue the IVIG preadministration-related services payment established under the final rule promulgated by the Secretary in the Federal Register on November 27, 2007 (72 Fed. Reg. 66254), until such time as the Secretary determines that payment for intravenous immune globulin is adequate. ``(C) Upon collection of data and completion of the review under subparagraph (A), the Secretary shall, during a 2-year period beginning not later than 7 months after such date of enactment, provide, if appropriate, to physicians furnishing intravenous immune globulins, a payment, in addition to the payment under paragraph (1)(E)(ii) and instead of the IVIG preadministration-related services payment under subparagraph (B), for all items related to the furnishing of intravenous immune globulin, in an amount the Secretary determines to be appropriate.''. (b) As Part of Hospital Outpatient Services.--Section 1833(t)(14) of such Act (42 U.S.C. 1395l(t)(14)) is amended-- (1) in subparagraph (A)(iii), by striking ``subparagraph (E)'' and inserting ``subparagraphs (E) and (I)''; and (2) by adding at the end the following new subparagraph: ``(I) Additional payment for intravenous immune globulin.-- ``(i) Data collection and review.--Not later than 6 months after the date of enactment of the Medicare IVIG Access Act of 2008, the Secretary shall-- ``(I) collect data on the differences, if any, between payments of intravenous immune globulin under subparagraph (A)(iii) and costs incurred by a hospital for furnishing such products; and ``(II) review available data, including survey and pricing data collected by the Federal Government and data presented by members of the intravenous immune globulin community on the access of individuals eligible for services under this part to intravenous immune globulin and the differences described in subclause (I). ``(ii) Continuation of special payment rule.--Subject to clause (iii), in the case of intravenous immune globulin furnished on or after the date of enactment of this subparagraph, the Secretary shall continue the IVIG preadministration-related services payment established under the final rule promulgated by the Secretary in the Federal Register on November 27, 2007 (72 Fed. Reg. 66697), until such time as the Secretary determines that payment for intravenous immune globulin is adequate. ``(iii) Additional payment authority.--Upon collection of data and completion of the review under clause (i), the Secretary shall, during a 2-year period beginning not later than 7 months after such date of enactment, provide, if appropriate, to hospitals furnishing intravenous immune globulin as part of a covered OPD service, in addition to the payment under subparagraph (A)(iii) and instead of the IVIG preadministration-related services payment under clause (ii), for all items related to the furnishing of intravenous immune globulin, in an amount the Secretary determines to be appropriate.''. SEC. 4. COVERAGE AND PAYMENT OF INTRAVENOUS IMMUNE GLOBULIN IN THE HOME. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)(Z), by inserting ``and items and services related to the administration of intravenous immune globulin'' after ``globulin''; and (2) in subsection (zz), by striking ``but not including items or services related to the administration of the derivative,''. (b) Payment for Intravenous Immune Globulin Administration in the Home.--Section 1842(o) of the Social Security Act (42 U.S.C. 1395u(o), as amended by section 3), is amended-- (1) in paragraph (1)(E)(ii), by striking ``paragraph (7)'' and inserting ``paragraph (7) or (8)''; (2) by redesignating paragraph ``(8)'' as paragraph ``(9)''; and (3) by inserting after paragraph (7) the following new paragraph: ``(8)(A) Subject to subparagraph (B), in the case of intravenous immune globulins described in section 1861(s)(2)(Z) that are furnished on or after January 1, 2008, the Secretary shall provide for a separate payment for items and services related to the administration of such intravenous immune globulins in an amount that the Secretary determines to be appropriate based on a review of available published and unpublished data and information, including the Study of Intravenous Immune Globulin Administration Options: Safety, Access, and Cost Issues conducted by the Secretary (CMS Contract #500-95-0059). Such payment amount may take into account the following: ``(i) Pharmacy overhead and related expenses. ``(ii) Patient service costs. ``(iii) Supply costs. ``(B) The separate payment amount provided under this paragraph for intravenous immune globulins furnished in 2009 or a subsequent year shall be equal to the separate payment amount determined under this paragraph for the previous year increased by the percentage increase in the medical care component of the consumer price index for all urban consumers (United States city average) for the 12-month period ending with June of the previous year.''. SEC. 5. REPORTS. (a) Report by the Secretary.--Not later than 7 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall submit a report to Congress on the following: (1) The results of the data collection and review conducted by the Secretary under subparagraph (A) of section 1842(o)(7) of the Social Security Act, as added by section 3(a), and clause (i) of section 1833(t)(14)(I) of such Act, as added by section 3(b). (2) Whether the Secretary plans to use the authority under subparagraph (C) of such section 1842(o)(7) and clause (iii) of such section 1833(t)(14)(I) to provide an additional payment to physicians furnishing intravenous immune globulins. (b) MedPAC Report.--Not later than 2 years after the date of enactment of this Act, the Medicare Payment Advisory Commission shall submit a report to the Secretary and to Congress that contains the following: (1) In the case where the Secretary has used the authority under sections 1842(o)(7)(C) and 1833(t)(14)(I)(iii) of the Social Security Act, as added by subsections (a) and (b), respectively, of section 3 to provide an additional payment to physicians furnishing intravenous immune globulins during the preceding year, an analysis of whether beneficiary access to intravenous immune globulins under the Medicare program under title XVIII of the Social Security Act has improved as a result of the Secretary's use of such authority. (2) An analysis of the appropriateness of implementing a new methodology for payment for intravenous immune globulins under part B of title XVIII of the Social Security Act (42 U.S.C. 1395k et seq.). (3) An analysis of the feasibility of reducing the lag time with respect to data used to determine average sales price under section 1847A of the Social Security Act (42 U.S.C. 1395w-3a). (4) Recommendations for such legislation and administrative action as the Medicare Payment Advisory Commission determines appropriate, including recommendations for such legislation and administrative action as the Commission determines is necessary to implement any methodology analyzed under paragraph (2). SEC. 6. OFFSET. Section 1861(n) of the Social Security Act (42 U.S.C. 1395x(n)) is amended by adding at the end the following: ``Such term includes disposable drug delivery systems, including elastomeric infusion pumps, for the treatment of colorectal cancer.''.

Medicare IVIG Access Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services, upon collection of data and completion of a review, to provide, if appropriate, to physicians and hospitals furnishing intravenous immune globulins (IVIGs), an additional payment for all items related to the furnishing of IVIG in an appropriate amount. Provides for coverage of IVIG administered in the home. Makes disposable drug delivery systems, including elastomeric infusion pumps, for the treatment of colorectal cancer durable medical equipment for Medicare purposes.

A bill to amend title XVIII of the Social Security Act to improve access of Medicare beneficiaries to intravenous immune globulins.

SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE. (a) Short Title.--This Act may be cited as the ``Oak Park Medical Center Property Acquisition''. (b) Findings.--Congress finds the following: (1) The Department of Commerce owns and operates about 205 acres of property located in Boulder, Colorado (Boulder Campus of the Department). At this site are facilities and laboratories where employees of the National Institute of Standards and Technology (``NIST''), the National Oceanic and Atmospheric Administration (``NOAA''), and the National Telecommunications and Information Administration (``NTIA''), conduct research. (2) In reviewing its security procedures and facilities at the site, the Department determined that-- (A) the main site entrance should be moved to a more central location (Rayleigh Road and Broadway intersection); and (B) a perimeter security fence should be constructed to enhance security. (3) As a result of moving this site entrance and the proposed perimeter fence, the Department will have to close the current access road to the Boulder Campus. (4) A parcel of land comprising about one acre, and contiguous to the Boulder Campus on its northern boundary line, is owned by Mr. Bruce Tenenbaum. Such parcel includes a 6,000 square foot medical facility, commonly known as ``Oak Park Medical Center'' (referred to in this Act as the ``Center''), at which a number of out-patient medical services are provided and available to the public. Ingress and egress for the Center is only available from the main entrance that is currently used to access the Boulder Campus. As a result, the Department through NIST entered into an easement agreement with Mr. Tenenbaum to provide continued access for ingress and egress to the Center. (5) Upon the actual construction of the perimeter security fence and the resulting relocation of the main access to the Boulder Campus, NIST is obligated, pursuant to an access easement with the owner of the Center, to provide alternative and equivalent access in order to maintain ingress and egress to the Center. Various alternatives have been explored to provide such access. (6) Given the costs associated with the access road relocation alternatives, the security concerns regarding such alternatives, and the safety of patients requiring access from Broadway Avenue to the Center, NIST, the owner and the Center's medical tenants have not reached agreement with respect to alternative and equivalent access to the Center. (7) Given the continued impasse, the most amenable course of action would be for the Government to purchase the Center and merge the real property comprising the Center into the Boulder Campus. (c) Purpose.--The purpose of this Act is to authorize and direct the Department to purchase the Center contiguous to the Boulder Campus and for other purposes. SEC. 2. AUTHORIZATION TO PURCHASE. (a) In General.--The Secretary of Commerce, on behalf of the United States, is hereby authorized and directed to acquire the approximately one acre of land and improvements thereon known as the Oak Park Medical Center (Center) contiguous to the northeast boundary of the Department of Commerce's Boulder campus in Boulder, Colorado, and shown on the map entitled ``Oak Park Medical Center'' dated July, 2005. (b) Appraisal.--To determine the fair market value of the land and improvements identified in subsection (a) as of July 1, 2005, the Secretary of Commerce shall use appraisals performed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions (December 20, 2000) and the Uniform Standards of Professional Appraisal Practice. (c) Sale Price, Timing and Condemnation.-- (1) Price.--The Secretary of Commerce is authorized to negotiate with the owner of the Center as identified in subsection (a) regarding the acquisition price following the appraisal in subsection (b), except that the Secretary may not acquire such property for more than the fair market value as determined by the appraisal. (2) Timing and condemnation.--If the Secretary of Commerce and the owner of the Center fail to reach agreement on the sale price within 3 years after the completion of the appraisal in subsection (b), the Secretary of Commerce is authorized and directed to initiate condemnation proceedings to acquire the Center. (d) Incorporation, Management, and Status of Acquired Lands and Improvements.--Land and improvements acquired by the United States in section (a) shall become part of the Department's administrative and research activities at its Boulder Campus and the exterior boundary of such campus is hereby modified, without further action by the Secretary, as necessary to incorporate the non-Federal lands comprising the Center identified in subsection (a). Upon its acquisition, lands or interests in land acquired under the authority of this Act shall be administered in accordance with the laws, rules and regulations generally applicable to lands used by the Department of Commerce as part of its Boulder Campus. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Department.--The term ``Department'' means the Department of Commerce. (2) NIST.--The term ``NIST'' means the National Institute of Standards and Technology. (3) NOAA.--The term ``NOAA'' means the National Oceanic and Atmospheric Administration. (4) NTIA.--The term ``NTIA'' means the National Telecommunications Information Administration. (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce.

Oak Park Medical Center Property Acquisition - Authorizes and directs the Secretary of Commerce to acquire the Oak Park Medical Center, which is contiguous to the northeast boundary of the Department of Commerce's Boulder research campus in Boulder, Colorado.

To authorize and direct the Secretary of the Department of Commerce to acquire a professional services building and property adjacent to the Department of Commerce's Boulder research campus.

SECTION 1. SHORT TITLE. This Act may be cited as the ``YWCA Retirement Plan Preservation Act of 2005''. SEC. 2. CLARIFICATION OF BENEFIT ACCRUAL STANDARDS. (a) Rules Relating to Reduction in Accrued Benefits Because of Attainment of Any Age.-- (1) Comparison to similarly situated, younger individuals.-- (A) In general.--A pension plan described in subsection (c) shall not be treated as failing to meet the requirements of section 204(b)(1)(H)(i) of the Employee Retirement Income Security Act of 1974 or section 411(b)(1)(H)(i) of the Internal Revenue Code of 1986 if a participant's entire accrued benefit, as determined as of any date under the formula for determining benefits as set forth in the text of the plan documents, would be equal to or greater than that of any similarly situated, younger individual. (B) Similarly situated individual.--For purposes of this paragraph, an individual is similarly situated to a participant if such individual is identical to such participant in every respect (including period of service, compensation, position, date of hire, work history, and any other respect) except for age. (C) Subsidized portion of early retiremen benefit disregarded.--In determining the entire accrued benefit for purposes of this paragraph, the subsidized portion of any early retirement benefit (including any early retirement subsidy that is fully or partially included or reflected in an employee's opening balance or other transition benefits) shall be disregarded. (2) Treatment of interest accrued on hypothetical account.--A pension plan described in subsection (c) under which the accrued benefit payable under the plan upon distribution (or any portion thereof) is expressed as the balance of a hypothetical account maintained for the participant shall not be treated as failing to meet the requirements of section 204(b)(1)(H)(i) of the Employee Retirement Income Security Act of 1974 or section 411(b)(1)(H)(i) of the Internal Revenue Code of 1986 solely because interest accruing on such balance is taken into account. (3) Allowable offsets.--A pension plan described in subsection (c) shall not be treated as failing to meet the requirements of section 204(b)(1)(H) of the Employee Retirement Income Security Act of 1974 or section 411(b)(1)(H) of the Internal Revenue Code of 1986 solely because the plan provides allowable offsets against those benefits under the plan which are attributable to employer contributions, based on benefits which are provided under title II of the Social Security Act, the Railroad Retirement Act of 1974, another plan described in section 401(a) of the Internal Revenue Code of 1986 maintained by the same employer, or under any retirement program for officers or employees of the Federal Government or of the government of any State or political subdivision thereof. For purposes of this paragraph, allowable offsets based on such benefits consist of offsets equal to all or part of the actual benefit payment amounts, reasonable projections or estimations of such benefit payment amounts, or actuarial equivalents of such actual benefit payment amounts, projections, or estimations (determined on the basis of reasonable actuarial assumptions). (4) Compliance with rules permitting disparity in plan contributions or benefits.--A pension plan described in subsection (c) shall not be treated as failing to meet the requirements of section 204(b)(1)(H) of the Employee Retirement Income Security Act of 1974 or section 411(b)(1)(H) of the Internal Revenue Code of 1986 solely because the plan provides a disparity in contributions or benefits with respect to which the requirements of section 401(l) of the Internal Revenue Code of 1986 are met. (5) Pre-retirement indexing.-- (A) In general.--A pension plan described in subsection (c) shall not be treated as failing to meet the requirements of section 204(b)(1)(H) of the Employee Retirement Income Security Act of 1974 or section 411(b)(1)(H) of the Internal Revenue Code of 1986 solely because the plan provides for pre- retirement indexing of accrued benefits under the plan. (B) Definition.--For purposes of this clause, the term ``pre-retirement indexing'' means, in connection with an accrued benefit, the periodic adjustment of the accrued benefit by means of the application of a recognized index or methodology so as to protect the economic value of the benefit against inflation prior to distribution. (b) Determinations of Accrued Benefit as Balance of Benefit Account.-- (1) In general.--A pension plan described in subsection (c) under which the accrued benefit payable under the plan upon distribution (or any portion thereof) is expressed as the balance of a hypothetical account maintained for the participant shall not be treated as failing to meet the requirements of section 203(a)(2) or 205(g) of the Employee Retirement Income Security Act of 1974 or section 411(a)(2) or 417(e) of the Internal Revenue Code of 1986 solely because of the amount actually made available for such distribution under the terms of the plan, in any case in which the applicable interest rate that would be used under the terms of the plan to project the amount of the participant's account balance to normal retirement age is not greater than a market rate of return. (2) Regulations.--The Secretary of the Treasury may provide by regulation for rules governing the calculation of a market rate of return for purposes of paragraph (1) and for permissible methods of crediting interest to the account (including variable interest rates) resulting in effective rates of return meeting the requirements of paragraph (1). (c) Pension Plan Described.--A pension plan described in this subsection is a defined benefit plan (as defined in section 3(35) of the Employee Retirement Income Security Act of 1974 or section 414(j) of the Internal Revenue Code of 1986) maintained by the Young Women's Christian Association Retirement Fund, a corporation created by an Act of the State of New York which became law on April 12, 1924. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to periods beginning before, on, or after the date of the enactment of this Act.

YWCA Retirement Plan Preservation Act of 2005 - Sets forth rules for treating retirement benefits provided by the Young Women's Christian Association Retirement Fund, under benefit accrual standards of the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code, as not violating certain age discrimination rules because of specified disparities with respect to older and younger participants.

To clarify the status of retirement benefits provided by the Young Women's Christian Association Retirement Fund under the benefit accrual standards of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sportsmen's Bill of Rights Act of 1997''. SEC. 2. FINDINGS; POLICY. (a) Findings.--Congress finds that-- (1) fishing is an important and traditional recreational activity in which 36,000,000 Americans 16 years old and older participate; (2) hunting is an important and traditional recreational activity in which 14,000,000 Americans 16 years old and older participate; (3) survey data from a recent comprehensive 3-year study entitled ``Factors Related to Hunting and Fishing Participation in the United States'' suggest that 95 percent of Americans approve of fishing and 81 percent of Americans approve of hunting; (4) anglers and hunters have been and continue to be among the foremost supporters of sound wildlife management and conservation practices in the United States; (5) persons who hunt or fish and organizations related to those activities provide direct assistance and support to wildlife managers and enforcement officers of Federal, State, and local governments; (6) funds raised through license, permit, and stamp purchases as well as through excise taxes on goods used by anglers and hunters have generated more than $6,000,000,000 for wildlife research and management; (7) fishing and hunting are essential components of effective wildlife management in that they tend to reduce conflicts between people and wildlife and provide incentives for the conservation of wildlife and the habitats and ecosystems on which wildlife depends; and (8) each State-- (A) has established 1 or more agencies staffed by professionally trained fish and wildlife management personnel; (B) has legal authority to manage the fish and wildlife found within the State; and (C) carries out sound programs of fish and wildlife management. (b) Policy.--It is the policy of the United States that, in performing duties under Federal law, each Federal agency that has authority to manage a natural resource, or the land and water on which a natural resource depends, shall exercise the authority in a manner so as to support, promote, and enhance fishing and hunting and opportunities for fishing and hunting. SEC. 3. TAKING OF FISH AND WILDLIFE ON FEDERAL PUBLIC LANDS. (a) In General.--Federal public land shall be open to access and use for fishing and hunting of wildlife, unless-- (1) the responsible agency of the State in which the Federal public land is located limits access to and use of the land as part of wildlife management by the State; or (2) the Federal agency responsible for the Federal public land limits access and use-- (A) for reasons of national security; or (B) for reasons related to specific statutory requirements regarding the management and use of the Federal public land, including public safety. (b) Certain Lands Administered by the National Park Service.-- Nothing in this section compels the opening to access and use for fishing and hunting of wildlife of any national park or monument administered by the National Park Service. (c) No Priority.--This section does not require a Federal agency to give preference to fishing or hunting over other uses of Federal public land or land management priorities established by Federal law. SEC. 4. PROTECTION OF THE INTEGRITY OF SPORTSMEN'S TRUST ACCOUNTS. (a) Federal Aid in Wildlife Restoration Act.--The Act entitled ``An Act to provide that the United States shall aid the States in wildlife- restoration projects, and for other purposes'', approved September 2, 1937 (commonly known as the ``Federal Aid in Wildlife Restoration Act'') (16 U.S.C. 669 et seq.), is amended-- (1) by striking ``Secretary of Agriculture'' each place it appears and inserting ``Secretary of the Interior''; and (2) in section 4 (16 U.S.C. 669c), by adding at the end the following: ``(c) Use of Funds.--The amount of funding made available to the Secretary of the Interior for expenses under this section shall not be available to replace funding that is-- ``(1) authorized for any other expense under the jurisdiction of the Secretary of the Interior; and ``(2) decreased under any other provision of law.''. (b) Federal Aid in Fish Restoration Act.--Section 4 of the Act entitled ``An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes'', approved August 9, 1950 (commonly known as the ``Federal Aid in Fish Restoration Act'') (16 U.S.C. 777c), is amended by adding at the end the following: ``(f) Use of Funds.--The amount of funding made available to the Secretary of the Interior for expenses under this section shall not be available to replace funding that is-- ``(1) authorized for any other expense under the jurisdiction of the Secretary of the Interior; and ``(2) decreased under any other provision of law.''. SEC. 5. EVALUATION OF WILDLIFE MANAGEMENT EFFECTS. (a) Statement.--No Federal agency action that may significantly diminish opportunities for, or access to, engaging in fishing or hunting on Federal public land shall be effective until the agency prepares a detailed statement evaluating the effect of the action on fishing or hunting. (b) Notice and Hearing.--Before taking an action described in subsection (a), a Federal agency shall-- (1) provide notice of the proposed agency action to the appropriate State agency responsible for the conduct or oversight of fish and wildlife management; and (2) conduct a public hearing in the vicinity of the proposed action. (c) Judicial Review.--A person that may be adversely affected by a loss of fishing or hunting opportunities on Federal public land as a result of an agency action described in subsection (a) may bring a civil action in United States district court for review of the adequacy of the statement required by subsection (a). (d) Emergencies.--Nothing in this section precludes an agency from exercising statutory authority to close to access and use for fishing and hunting of wildlife any Federal public land in an emergency or other exigent circumstance. (e) Effect on Other Law.--Nothing in this section affects or has application to the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) or the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). SEC. 6. CIVIL ACTIONS. (a) Intervention.--A person interested in engaging in fishing or hunting shall be entitled to intervene as a matter of right in a civil action, brought under any other Federal law relating to the use of any Federal public land, in which the plaintiff seeks an order that would require the use (or nonuse) of the land in such a manner as to impair such access to or use of the land for the purpose of fishing or hunting as is required by this Act. (b) Consideration of Interests.--If an intervenor under subsection (a) shows that the application of another Federal law as sought by the plaintiff would be likely to impair such access to or use of the land for the purpose of fishing or hunting as is required by this Act, the court shall not grant the relief sought unless the plaintiff shows that the interest intended to be advanced by the other Federal law clearly outweighs the interest of protecting access to and use of Federal public land for fishing and hunting. SEC. 7. STANDING TO BRING A CIVIL ACTION. An individual who is licensed by a State to engage in fishing or hunting, or an organization representing the interests of such individuals, may bring a civil action in United States district court to seek declaratory or injunctive relief regarding the implementation of any provision of this Act, including-- (1) a declaration that a civil action brought by a person may significantly disrupt or eliminate opportunities for fishing or hunting; and (2) an injunction against the prosecution of the civil action. SEC. 8. AUTHORITY OF THE STATES. (a) In General.--Nothing in this Act impairs the primacy of State authority in regulating the taking of fish and wildlife on land within the State, including Federal public land. (b) Federal Authority.--Except as expressly provided by Act of Congress, the authority of a Federal agency regarding the taking of fish and wildlife on Federal public land managed by the Federal agency shall be no greater than the rights of a private owner of land.

Sportsmen's Bill of Rights Act of 1997- Requires Federal public land to be open to access and for use for fishing and hunting if: (1) the responsible State agency in which Federal public land is located limits access to and use of the land as part of wildlife management by the State; or (2) the Federal agency responsible for Federal public land limits access and use for national security or for reasons related to specific statutory requirements regarding the management and use of the land, including public safety. Amends the Federal Aid in Wildlife Restoration Act to authorize the Secretary of the Interior (Secretary) to cooperate with the Secretary of the Interior of Puerto Rico (currently, Secretary of Agriculture of Puerto Rico) in the conduct of wildlife-restoration projects. Prohibits the amount of funding made available to the Secretary for expenses in the administration and execution of wildlife-restoration projects and the Migratory Bird Conservation Act from being made available to replace funding that is: (1) authorized for any other expense under the Secretary's jurisdiction; and (2) decreased under any other provision of law. Amends the Federal Aid in Fish Restoration Act to prohibit the amount of funding made available to the Secretary for fish restoration and management projects from being used to replace funding that is authorized and decreased as above. Prohibits a Federal agency's action that may significantly diminish opportunities or access to engage in fishing or hunting on Federal public land from being effective until the agency prepares a detailed statement evaluating the effect of such action. Provides for judicial review of such action. Entitles a person interested in fishing or hunting to intervene as a matter of right in a civil action brought under any other Federal law relating to the use of Federal public land, under specified conditions. Bars the court from granting the relief sought unless the plaintiff shows that the interest intended to be advanced by the other Federal law clearly outweighs the interest of protecting access to, and use of, Federal public land for fishing and hunting. Allows an individual licensed by a State to fish or hunt or an organization representing such individual's interests to bring a civil action in a U.S. district court to seek declaratory or injunctive relief regarding the implementation of this Act, including a declaration that a civil action brought by a person may significantly disrupt or eliminate opportunities for fishing or hunting and an injunction against the prosecution of the civil action. Reaffirms the primacy of State authority in regulating the taking of fish and wildlife on such State's land, including Federal public land, stating that a Federal agency's taking authority in such regard shall be no greater than that of a private landowner.

Sportsmen's Bill of Rights Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Cash Smuggling Act of 2011''. SEC. 2. ADDITION OF MEANS OF ACCESS TO FUNDS OR THE VALUE OF FUNDS. Chapter 53 of subtitle IV of title 31, United States Code, is amended-- (1) by inserting after section 5316 the following new section: ``Sec. 5316A. Reports on exporting and importing means of access to funds ``(a) Required Reports.--The Secretary of the Treasury (in this section referred to as the `Secretary') shall, by regulation and subject to the limitations of this section, require reports concerning means of access to funds or the value of funds belonging or credited to a person that the person, agent, or bailee can use, including any prepaid or stored value cards to electronically-- ``(1) initiate a transfer of funds; ``(2) obtain currency in place of funds or the value of funds; or ``(3) purchase goods or services. ``(b) Limitations.--Under the regulations issued under subsection (a), a person, or an agent or bailee of that person, shall be required to, file a report under this section only when the person, agent, or bailee knowingly-- ``(1) transports, is about to transport, or has transported a means of access subject to subsection (a) from a place in the United States to or through a place outside of the United States or to a place in the United States from or through a place outside of the United States; or ``(2) receives a means of access subject to subsection (a) transported into the United States from or through a place outside of the United States. ``(c) Filing Criteria.--A report under this section shall be filed at such time and place as the Secretary prescribes. The report shall contain, to the extent that the Secretary prescribes-- ``(1) the legal capacity in which the person filing the report is acting; ``(2) the origin, destination, and route of the means of access; ``(3) when the means of access is not legally and beneficially owned by the person transporting the means of access, or if the person transporting the means of access personally is not going to use it, the identity of the person that gave the means of access to the person transporting it, the identity of the person who is to receive it, or both; ``(4) the amount and kind of funds or the value of funds to which the means of access provides access, and the person to whom the funds or value of funds belong or are credited; and ``(5) such additional information as the Secretary deems appropriate to carry out this section. ``(d) Exclusion for Common Carriers.--This section does not apply to a common carrier of passengers when a passenger is transporting a means of access subject to subsection (a), or to a common carrier of goods if the shipper does not declare the means of access subject to subsection (a). ``(e) Additional Authority.--The Secretary may prescribe regulations under this section requiring a person that holds funds or the value of funds belonging or credited to another person, and that provides such other person a means of access to such funds or value, to provide information at the time and place and in the manner prescribed by the Secretary in order to facilitate reporting under this section. Such information may include, placing conspicuous markings on any tangible mechanism that constitutes, or together with a personal identification number, code, or other input comprises, a means of access to funds or the value of funds in order to manifest reportable characteristics of the means of access. ``(f) Means of Access to Funds or the Value of Funds Defined.--The Secretary of the Treasury shall define the term `means of access to funds or the value of funds' for purposes of this section. Such definition shall-- ``(1) include means that a person, agent, or bailee can use to electronically-- ``(A) initiate transfers of funds; ``(B) obtain currency in place of funds or the value of funds; or ``(C) purchase goods or services; ``(2) include prepaid or stored value cards; and ``(3) not include debit cards or credit cards, as such terms are defined under section 603(r)(3) of the Fair Credit Reporting Act (15 U.S.C. 1681a(r)(3)) and under section 103(k) of the Truth in Lending Act (15 U.S.C. 1602(k)), respectively.''; (2) in section 5316-- (A) by amending the section heading to read as follows: ``Sec. 5316. Reports on exporting and importing monetary instruments and access devices''; and (B) by amending subsection (a) to read as follows: ``(a) In General.--Except as provided in subsection (c), a person or an agent or bailee of the person shall file a report under subsection (b) when the person, agent, or bailee knowingly-- ``(1) transports, is about to transport, or has transported, monetary instruments, funds accessible by means of access defined by regulation under section 5316A, or a combination of monetary instruments and funds accessible by means of access defined by regulation under section 5316A, of more than $10,000 at one time-- ``(A) from a place in the United States to or through a place outside of the United States; or ``(B) to a place in the United States from or through a place outside of the United States; or ``(2) receives monetary instruments, funds accessible by means of access defined by regulation under section 5316A, or a combination of monetary instruments and funds accessible by means of access defined by regulation under section 5316A, of more than $10,000 at one time transported into the United States from or through a place outside of the United States.''; (3) in section 5317-- (A) in the section heading, by inserting ``and access devices'' after ``instruments''; (B) by striking subsection (a) and inserting the following: ``(a) Warrants.-- ``(1) In general.--The Secretary of the Treasury (in this section referred to as the `Secretary') may submit to a court of competent jurisdiction an application for a search warrant, which shall be accompanied by a statement of information in support of the warrant, when the Secretary reasonably believes-- ``(A) a monetary instrument or a tangible mechanism that constitutes, or together with a personal identification number, code, or other input comprises, a means of access to funds or the value of funds is being transported; and ``(B) a report on the instrument or means of access to funds or the value of funds under section 5316 or 5316A has not been filed or contains a material omission or misstatement. ``(2) Grant of application.--On a showing of probable cause, the court may issue a search warrant for a designated person or a designated or described place or physical object. ``(3) Rule of construction.--This subsection does not affect the authority of the Secretary under any other provision of law.''; (C) in subsection (b), by inserting ``or section 5316A'' after ``section 5316''; and (D) in subsection (c)-- (i) in paragraph (1)(A)-- (I) by inserting ``5316A,'' after ``5316,''; and (II) by inserting ``(including any tangible mechanism that constitutes, or together with a personal identification number, code, or other input comprises, a means of access to funds or the value of funds)'' after ``involved in the offense''; and (ii) in paragraph (2), by inserting ``5316A,'' after ``5316,''; (4) in section 5324(c)-- (A) in the subsection heading, by striking ``Monetary Instrument''; (B) by inserting ``or 5316A'' after ``section 5316'' each place it appears; and (C) in paragraph (3), by inserting ``or means of access to funds or the value of funds'' before the period at the end; (5) in section 5332-- (A) in the section heading, by striking ``Bulk cash smuggling'' and inserting ``Smuggling of cash, monetary instruments, and means of access to funds or the value of funds''; (B) in subsection (a)-- (i) in paragraph (1)-- (I) by inserting ``or 5316A'' after ``under section 5316''; (II) by inserting ``, or any tangible mechanism that constitutes, or together with a personal identification number, code, or other input comprises, a means of access to funds or the value of funds,'' after ``monetary instruments'' the first place it appears; and (III) by striking ``such currency or monetary instruments'' and inserting ``such currency, other monetary instruments, or tangible mechanism''; and (ii) in paragraph (2), by inserting ``, other monetary instruments, or tangible mechanisms'' after ``concealment of currency''; and (C) in subsection (c)(3)-- (i) by striking ``currency or other monetary instrument'' the first place it appears and inserting ``currency, other monetary instrument, or tangible mechanism that constitutes, or together with a personal identification number, code, or other input comprises, a means of access to funds or the value of funds''; (ii) by striking ``currency or other monetary instrument'' the second place it appears and inserting ``currency, other monetary instrument, or tangible mechanism''; and (iii) by inserting ``(including the funds or value of funds accessible by such tangible mechanism at the time of the offense)'' after ``facilitate the offense''; and (6) in the table of sections-- (A) by striking the items relating to sections 5316 and 5317 and inserting the following: ``5316. Reports on exporting and importing monetary instruments and access devices. ``5316A. Reports on exporting and importing means of access to funds. ``5317. Search and forfeiture of monetary instruments and access devices.''; and (B) by striking the item relating to section 5332 and inserting the following: ``5332. Smuggling of cash, monetary instruments, and means of access to funds or the value of funds into or out of the United States.''.

Anti-Cash Smuggling Act of 2011 - Directs the Secretary of the Treasury to require reports concerning means of access to funds or the value of funds belonging or credited to a person (or agent or bailee), including prepaid or stored value cards (but not debit or credit cards), that can be used electronically to: (1) initiate a transfer of funds, (2) obtain currency in place of funds or the value of funds, or (3) purchase goods or services. Requires such reports to be filed only when a person knowingly: (1) transports, is about to transport, or has transported a means of access to funds or the value of funds of more than $10,000 at one time from a place in the United States to or through a place outside the United States, or to a place in the United States from or through a place outside the United States; or (2) receives a means of access to funds or the value of funds transported into the United States from or through a place outside the United States of more than $10,000 at one time. Authorizes the Secretary of the Treasury to apply to a court for a search warrant upon a reasonable belief that: (1) a monetary instrument or a tangible mechanism that constitutes a means of access to funds or the value of funds is being transported; and (2) a required report has not been filed or contains a material omission or misstatement. Revises penalties and procedures regarding smuggling of cash, monetary instruments, and means of access to funds or the value of funds into or out of the United States.

A bill to prevent the use of stored value cards and other electronic fund access means as methods for currency smuggling or money laundering.