FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Access to Contraceptives Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) A deepening crisis in developing countries with respect to the availability of contraceptives needed for family planning, safe motherhood services, HIV/AIDS prevention, and other vital reproductive health care threatens the health and lives of millions of people. (2) In the next ten to fifteen years, the largest-ever generation of young people will enter their reproductive years. For example, the number of women of reproductive age is projected to double in Nigeria in the next 25 years. This demographic shift, combined with increased demand for modern methods of family planning, will increase worldwide the number of people who desire to use contraception by 40 percent. (3) The gap between the need for contraceptives and funding for such contraceptives is projected to reach hundreds of millions of United States dollars annually by 2015. (4) According to estimates based on national surveys, more than 200 million women in developing countries wish to delay or end childbearing but do not have access to modern contraceptives. (5) An estimated 40 percent of married couples in Haiti, 36 percent of married couples in Ethiopia, and 32 percent of married couples in Pakistan do not have access to contraceptives. In each of these countries, average birth rates among women are two to three times average birth rates in the United States. (6) Access to family planning and contraceptives is essential in reducing unintended pregnancies and, as a result, reducing rates of abortion. (7) The provision of modern contraceptives to the more than 200 million women in developing countries who desire such contraceptives would avert approximately 52 million pregnancies each year, and as a result, would prevent an estimated 23 million unplanned births, 22 million induced abortions, 7 million spontaneous abortions, 1.4 million infant deaths, 142,000 pregnancy-related deaths, and 505,000 children from losing their mothers. (8) In January 2001, the White House reaffirmed President George W. Bush's commitment to United States family planning assistance efforts, stating that ``[the President] knows that one of the best ways to prevent abortion is by providing quality voluntary family planning services''. (9) Experiences in a number of countries in recent years indicate that when long-term, effective family planning methods are available, abortion rates decline, sometimes drastically. For example, between 1988 and 2001, the use of modern contraceptives increased in Russia by 74 percent, while the abortion rate declined by 61 percent. Similar experiences in Bangladesh, Bulgaria, Chile, Estonia, Hungary, Latvia, and Romania have shown that increased use of contraceptives is accompanied by a decline in abortion rates. (10) In addition to reducing unintended pregnancies and abortions, condoms are a vital component in limiting the spread of HIV/AIDS. Consequently, the HIV/AIDS pandemic is contributing to an increased demand for reproductive health supplies. (11) The vast majority of HIV infections are sexually transmitted and condoms are currently the only contraceptive that can protect against this form of HIV transmission. Condoms remain an important intervention in multisectoral approaches to HIV/AIDS prevention, along with programs that promote abstinence and monogamy. (12) In sub-Saharan Africa, where HIV prevalence rates can reach 40 percent of the adult population and women constitute 60 percent of people living with HIV/AIDS, donors provide an average of only 4.6 condoms per adult male annually. (13) Family planning services, reinforced by dependable supplies of contraceptives, are also a crucial tool in reducing HIV infections transmitted between infected pregnant women and their infants, a number that reached 800,000 in 2002. The provision of family planning services, information, and counseling can reduce the number of infants infected with HIV by 35 to 45 percent. (14) In addition to reducing rates of abortion and HIV/ AIDS, access to contraceptives and other reproductive health care services saves the lives of mothers and children by helping women avoid high risk pregnancies. An increase in the use of contraceptives, which allow women to space the births of their children over safe intervals, have been proven to reduce maternal and child mortality. (15) Complications resulting from pregnancy and childbirth are the leading causes of death and disability for women in developing countries, resulting in more than 500,000 deaths each year. Almost one-third of maternal deaths and illnesses related to pregnancy could be avoided if women in developing countries had access to modern, safe, and effective contraceptives and other reproductive health care services. (16) Access to contraceptives and other reproductive health care services are also needed to help ease growing population pressures on cropland, freshwater, and other finite natural resources. In many biologically rich areas, there is little or no access to the health services that allow women and couples to space or limit births. Consequently, the population in these ecologically sensitive areas is growing nearly 40 percent faster than that of the world as a whole. (17) The shortfall in reproductive health care services is chronic and growing. The cost of contraceptives needed for family planning and HIV/AIDS prevention in developing countries is projected to increase from $954 million in 2002 to $1.8 billion in 2015. In spite of this upward trend in the cost of contraceptives, donor support for contraceptives in 2002, $197.5 million, was less than 20 percent of current overall funding needs. (18) The consequences of the shortfall in reproductive health care services are devastating. For every shortfall of $1 million in funding for contraceptives, an estimated 360,000 additional unintended pregnancies, 150,000 additional induced abortions, 800 additional maternal deaths, and 11,000 additional infant deaths occur. (19) Although the United States should be commended for its leadership role with respect to the availability of reproductive health services in developing countries, United States support for such services, including funding, has not kept pace with the increase in demand for contraceptives, which has resulted from the large number of youth entering reproductive age and the HIV/AIDS pandemic. Since 1995, United States bilateral assistance for international family planning programs has decreased by 35 percent (adjusted for inflation) despite an increase of more than 225 million women of reproductive age worldwide. (20) In addition to the shortfall in funding by the United States for reproductive health care services, United States policy restrictions have reduced donations of contraceptives for developing countries. (21) Widely shared goals of reducing the need for abortion and reducing the spread of HIV/AIDS are unlikely to be achieved when United States-donated contraceptives are subject to policy restrictions, such as the Mexico City Policy, that limit access to such contraceptives. (22) The Mexico City Policy, which was reinstated in 2001, limits access to contraceptives by prohibiting United States family planning assistance to foreign nongovernmental organizations that use funding from any source to provide abortion services, counseling, or referral or to lobby to make abortion legal or more available in their own country. (23) The Mexico City Policy has exacerbated the existing shortage of contraceptives by ending shipments of United States-donated contraceptives to 16 developing countries in Africa, Asia, and the Middle East and denying contraceptives to leading family planning agencies in another 12 countries. (24) As an example, the Mexico City Policy has forced eight family planning clinics serving thousands of poor women in Kenya to close. Consequently, women's access to contraceptives, gynecologic and obstetric care, screening, and treatment for sexually transmitted infections, and voluntary counseling and testing for HIV/AIDS in Kenya has been severely disrupted. (b) Purpose.--The purpose of this Act is to authorize assistance to provide contraceptives in developing countries in order to prevent unintended pregnancies, abortions, and the transmission of sexually transmitted infections, including HIV/AIDS. SEC. 3. ASSISTANCE TO PROVIDE CONTRACEPTIVES IN DEVELOPING COUNTRIES. Section 104 of Foreign Assistance Act of 1961 (22 U.S.C. 2151b) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection: ``(g) Assistance to Provide Contraceptives in Developing Countries.-- ``(1) Assistance.--The President, acting through the Administrator of the United States Agency for International Development, shall furnish assistance to provide contraceptives in developing countries in order to prevent unintended pregnancies, abortions, and the transmission of sexually transmitted infections, including HIV/AIDS. ``(2) Eligibility of nongovernmental organizations.-- Notwithstanding any other provision of law, regulation, or policy, in determining eligibility for assistance to provide contraceptives in developing countries under this subsection, a nongovernmental organization shall not be subject to requirements relating to the use of non-United States Government funds that are more restrictive than requirements relating to the use of non-United States Government funds that apply to foreign governments with respect to eligibility for assistance under this subsection. ``(3) Authorization of appropriations.-- ``(A) In general.--There are authorized to be appropriated to the President to carry out this subsection $150,000,000 for each of the fiscal years 2007 and 2008. ``(B) Additional authorities.--Amounts appropriated pursuant to the authorization of appropriations under subparagraph (A)-- ``(i) may be referred to as the `Reproductive Health Supplies Fund'; ``(ii) are authorized to remain available until expended; and ``(iii) are in addition to amounts otherwise available for such purposes.''.

Ensuring Access to Contraceptives Act of 2006 - Amends the Foreign Assistance Act of 1961 to direct the President, through the United States Agency for International Development (USAID), to furnish assistance to provide contraceptives in developing countries in order to prevent unintended pregnancies, abortions, and the transmission of sexually transmitted infections, including HIV/AIDS. States that a nongovernmental organization shall not be subject to eligibility requirements relating to the use of non-U.S. government funds that are more restrictive than those that apply to a foreign government.

To amend the Foreign Assistance Act of 1961 to authorize assistance to provide contraceptives in developing countries in order to prevent unintended pregnancies, abortions, and the transmission of sexually transmitted infections, including HIV/AIDS.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Limited Congressional Pension Act of 1995''. SEC. 2. AMENDMENTS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM. (a) In General.--Subchapter III of chapter 83 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 8352. Limitations relating to Members ``(a)(1) For the purpose of this section-- ``(A) the term `maximum allowable period of member service' means the greater of-- ``(i) 12 years of member service; or ``(ii) the total number of years of member service completed by the Member before the effective date of this section (expressed in terms of the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any); ``(B) the term `deemed separation date', as used with respect to a Member, means the date such Member is deemed under subsection (b)(1)(A) or (B), as the case may be, to have separated from service as a Member; and ``(C) the term `deemed separation' means a separation deemed to have occurred under subsection (b)(1)(A) or (B). ``(2) This section shall apply with respect to any individual serving as a Member on or after the effective date of this section, excluding a reemployed annuitant whose annuity commenced before such effective date. ``(b) Except as otherwise provided in this section-- ``(1)(A) any Member who has completed the maximum allowable period of member service before the effective date of this section shall, for purposes of this subchapter, be deemed to have separated from service on the day before such effective date; and ``(B) any Member who completes the maximum allowable period of member service on or after the effective date of this section shall, for purposes of this subchapter, be deemed to have separated from service on the date on which such Member completes the maximum allowable period of member service; and ``(2) any Member who is deemed to have separated from service under subparagraph (A) or (B) of paragraph (1)-- ``(A) may not thereafter remain or become subject to either the Civil Service Retirement System or the Federal Employees' Retirement System as a Member of Congress (as defined by section 2106); and ``(B) for purposes of this subchapter, shall, while thereafter serving as a Member of Congress (as so defined), be treated in the same way as a former Member not then performing Government service. ``(c)(1) This subsection shall apply with respect to any Member described in subsection (b)(1)(A) or (B). ``(2) A Member to whom this subsection applies shall not be eligible for an immediate or deferred annuity based on any deemed separation. Rather, actual separation must occur in order to be eligible for such an annuity. ``(3) For purposes of determining whether a Member satisfies the age and service requirements for title to an annuity-- ``(A) the Member's age as of the Member's deemed separation date shall be used; and ``(B) the Member's total service as of the Member's deemed separation date shall be used, subject to paragraph (7). ``(4) The requirements of subsections (b) and (c) of section 8333 shall be considered met if the Member would satisfy those requirements as of the Member's deemed separation date (assuming the Member actually separated on that date). ``(5) For purposes of any computation of annuity-- ``(A) average pay shall be determined disregarding pay for any member service performed after the Member's deemed separation date; ``(B) any reduction under section 8339(h) shall be made using the age determined under paragraph (3)(A); and ``(C) the Member's total service shall be equal to the total service determined under paragraph (3)(B). For purposes of applying the respective limitations under sections 8339(f) and 8340(g), the average pay and final pay (or final basic pay) of a Member shall likewise be determined based on the Member's deemed separation date. ``(6)(A) Any deadline (such as for making an election or making a deposit) which is fixed by reference to date of separation shall be applied using the Member's actual separation date. ``(B) Any determination as to the marital status of the Member as of date of separation shall be made based on the Member's actual separation date. ``(7) For purposes of determining any period of military service which is creditable for purposes of section 8339(c)(1), the date of final separation from service as a Member (as referred to in section 8332(d)) shall be the Member's actual separation date. ``(d)(1) No contribution to the Thrift Savings Fund may be made by any Member with respect to any pay period beginning on or after the effective date of this section. ``(2) Except as provided in paragraph (1), nothing in this section shall be considered to permit or require that a Member be treated as having separated before such Member's actual separation date for purposes of the Thrift Savings Plan. ``(e) Regulations to carry out this section may be prescribed by the Office of Personnel Management and the Executive Director (within the meaning of section 8401(13)) with respect to matters within their respective areas of jurisdiction. ``(f) This section shall take effect as of the first day of the Congress next beginning after the date of the enactment of the Limited Congressional Pension Act of 1995.''. (b) Conforming Amendment.--The table of sections for chapter 83 of title 5, United States Code, is amended by adding at the end the following: ``8352. Limitations relating to Members.''. SEC. 3. AMENDMENTS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM. (a) In General.--Subchapter I of chapter 84 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 8404. Limitations relating to Members ``(a)(1) For the purpose of this section-- ``(A) the term `maximum allowable period of member service' means the greater of-- ``(i) 12 years of member service; or ``(ii) the total number of years of member service completed by the Member before the effective date of this section (expressed in terms of the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any); ``(B) the term `deemed separation date', as used with respect to a Member, means the date such Member is deemed under subsection (b)(1)(A) or (B), as the case may be, to have separated from service as a Member; ``(C) the term `deemed separation' means a separation deemed to have occurred under subsection (b)(1)(A) or (B); and ``(D) the term `member service' means any service as a Member and any service constituting member service within the meaning of section 8331(14). ``(2) This section shall apply with respect to any individual serving as a Member on or after the effective date of this section, excluding a reemployed annuitant whose annuity commenced before such effective date. ``(b) Except as otherwise provided in this section-- ``(1)(A) any Member who has completed the maximum allowable period of member service before the effective date of this section shall, for purposes of this chapter, be deemed to have separated from service on the day before such effective date; and ``(B) any Member who completes the maximum allowable period of member service on or after the effective date of this section shall, for purposes of this chapter, be deemed to have separated from service on the date on which such Member completes the maximum allowable period of member service; and ``(2) any Member who is deemed to have separated from service under subparagraph (A) or (B) of paragraph (1)-- ``(A) may not thereafter remain or become subject to the Federal Employees' Retirement System as a Member of Congress (as defined by section 2106); and ``(B) for purposes of this chapter, shall, while thereafter serving as a Member of Congress (as so defined), be treated in the same way as a former Member not then performing Government service. ``(c)(1) This subsection shall apply with respect to any Member described in subsection (b)(1)(A) or (B). ``(2) A Member to whom this subsection applies shall not be eligible for an immediate or deferred annuity based on any deemed separation. Rather, actual separation must occur in order to be eligible for such an annuity. ``(3) For purposes of determining whether a Member satisfies the age and service requirements for title to an annuity-- ``(A) the Member's age as of the Member's deemed separation date shall be used; and ``(B) the Member's total service as of the Member's deemed separation date shall be used, subject to paragraph (6). However, for purposes of determining eligibility for an annuity supplement under section 8421, the Member's actual age shall be used. ``(4) For purposes of any computation of annuity-- ``(A) average pay shall be determined disregarding pay for any member service performed after the Member's deemed separation date; and ``(B) the Member's total service shall be equal to the total service determined under paragraph (3)(B). Any annuity supplement under section 8421 shall be computed in a manner consistent with the preceding sentence. ``(5)(A) Any deadline (such as for making an election or making a deposit) which is fixed by reference to date of separation shall be applied using the Member's actual separation date. ``(B) Any determination as to the marital status of the Member and any similar determination shall be made based on the Member's actual separation date. ``(6) For purposes of determining any period of military service which is creditable for purposes of section 8411(c), the date of separation from service as a Member shall be the Member's actual separation date. ``(d)(1) No contribution to the Thrift Savings Fund may be made by or for the benefit of any Member (including under section 8432(c)(1)) with respect to any pay period beginning on or after the effective date of this section. ``(2) Except as provided in paragraph (1), nothing in this section shall be considered to permit or require that a Member be treated as having separated before such Member's actual separation date for purposes of the Thrift Savings Plan. ``(e) Regulations to carry out this section may be prescribed by the Office of Personnel Management and the Executive Director with respect to matters within their respective areas of jurisdiction. ``(f) This section shall take effect as of the first day of the Congress next beginning after the date of the enactment of the Limited Congressional Pension Act of 1995.''. (b) Conforming Amendment.--The table of sections for chapter 83 of title 5, United States Code, is amended by adding at the end the following: ``8404. Limitations relating to Members.''.

Limited Congressional Pension Act of 1995 - Amends Federal civil service law to limit to 12 years (with certain exceptions) the number of years that a Member of Congress may participate in either the Civil Service Retirement System or the Federal Employees' Retirement System.

Limited Congressional Pension Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Public Access and Wildlife Habitat Incentive Program Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) according to the United States Fish and Wildlife Service, in 2001, 82,000,000 individuals in the United States aged 16 years and older participated in wildlife-related recreation, including 48,000,000 individuals who hunted, and more than 66,000,000 who engaged in wildlife-related recreation such as observing, feeding, or photographing wildlife, in the United States; (2) individuals who participated in wildlife-related activities in 2001 spent-- (A) an estimated $56,000,000,000 on hunting and fishing equipment and supplies; and (B) more than $28,000,000,000 on food, lodging, and transportation; (3) purchases of hunting and fishing licenses, permits, and stamps and excise taxes on goods used by hunters and fishers have generated billions of dollars for wildlife conservation, research, and management; (4) the growing public demand for hunting and fishing opportunities accessible to the public is increasingly constrained by the limits on both public and private land resources; (5) recreational hunting and fishing-- (A) provide essential funding sources for-- (i) wildlife habitat development; (ii) the conservation of wildlife; (iii) the preservation of ecosystems; and (iv) effective wildlife management; and (B) contribute to the reduction of conflicts between people and wildlife; (6) limited public access on private land has often frustrated and disappointed hunters, fishers, and other naturalists and undermined the relationship between land owners and the general public; (7) 21 States and several tribal governments have established successful but modest walk-in programs to encourage public hunting on private farm, ranch, and forest land, yet the demand for such voluntary access programs remains largely unfulfilled; (8) traditional agricultural production methods and markets have in recent years offered limited income opportunities for farm, ranch and forest land owners and operators; and (9) current proposals to reform world agricultural trade favor the development of new methods to support the income of agricultural producers that have minimal impact on agricultural production and prices. SEC. 3. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM. (a) In General.--Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839bb et seq.) is amended by adding at the end the following: ``SEC. 1240Q. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM. ``(a) In General.--The Secretary shall establish a voluntary public access program under which States and tribal governments may apply for grants to encourage owners and operators of privately-held farm, ranch, and forest land to voluntarily make that land available for access by the public for wildlife-dependent recreation, including hunting or fishing, under programs administered by the States and tribal governments. ``(b) Applications.--In submitting applications for a grant under the program, a State or tribal government shall describe-- ``(1) the benefits that the State or tribal government intends to achieve by encouraging public access to private farm and ranch land for-- ``(A) hunting and fishing; and ``(B) to the maximum extent practicable, other recreational purposes; and ``(2) the methods that will be used to achieve those benefits. ``(c) Priority.--In approving applications and awarding grants under the program, the Secretary shall give priority to States and tribal governments that propose-- ``(1) to maximize participation by offering a program the terms of which are likely to meet with widespread acceptance among landowners; ``(2) to ensure that land enrolled under the State or tribal government program has appropriate wildlife habitat; ``(3) to strengthen wildlife habitat improvement efforts on land enrolled in a special conservation reserve enhancement program described in 1234(f)(4) by providing incentives to increase public hunting and other recreational access on that land; and ``(4) to use additional Federal, State, tribal government, or private resources in carrying out the program. ``(d) Relationship to Other Laws.--Nothing in this section preempts a State or tribal government law (including any State or tribal government liability law). ``(e) Regulations.--The Secretary shall promulgate such regulations as are necessary to carry out this section.''. (b) Funding.--Section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended by adding at the end the following: ``(8) The voluntary public access program under section 1240Q, using, to the maximum extent practicable, $20,000,000 in each of fiscal years 2008 through 2012.''. SEC. 4. PREVENTION OF EXCESS BASE ACRES. Section 1101(g)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7911(g)(2)) is amended by striking subparagraph (C).

Voluntary Public Access and Wildlife Habitat Incentive Program Act of 2007 - Amends the Food Security Act of 1985 to direct the Secretary of Agriculture to establish a program under which states and tribal governments may apply for grants to encourage owners and operators of privately-held farm, ranch, and forest land to voluntarily make such land available for public access for wildlife-dependent recreation (including hunting or fishing) under state- and tribally-administered plans. Amends the Farm Security and Rural Investment Act of 2002 to exclude from excess base acreage computation for direct and counter-cyclical payment purposes certain conservation enrolled farm land not planted in an agricultural commodity.

To amend the Food Security Act of 1985 to encourage owners and operators of privately-held farm, ranch, and forest land to voluntarily make their land available for access by the public under programs administered by States and tribal governments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guam Excess Lands Act''. SEC. 2. TRANSFER. (a) In General.--The Administrator of General Services shall, subject to section 3, transfer all right, title, and interest of the United States in and to the parcels of land described in subsection (b) (together with any improvements thereon) to the Government of Guam for public benefit use, by quitclaim deed and without reimbursement. Such transfers shall take place after a determination by the head of the Federal agency controlling a parcel that the parcel is excess to the needs of such agency. (b) Description of Parcels To Be Transferred.--Unless a parcel of land described in this subsection has been disposed of under other authority on or before the date of the enactment of this Act or is transferred for further Federal utilization as a result of the screening required by section 3(a), the parcels of land required to be transferred under subsection (a) shall consist of the following: Navy Parcels South Finegayan..................................... 445 acres Nimitz Hill Parcels and 1 and 2B.................... 208 acres NAVMAG Parcel 1..................................... 144 acres Apra Harbor Parcel 7................................ 73 acres Apra Harbor Parcel 8................................ 6 acres Apra Harbor Parcel 6................................ 47 acres Apra Harbor Parcel 9................................ 41 acres Apra Harbor Parcel 2................................ 30 acres Apra Harbor Parcel 1................................ 6 acres Asan Annex.......................................... 17 acres NAVCAMS Beach....................................... 14 acres ACEORP Msui Tunnel.................................. 4 acres Agat Parcel 3....................................... 5 acres Air Force Parcels Andersen South (portion of Andersen Admin. Annex)... 395 acres Camp Edusa (Family Housing Annex 1)................. 103 acres Harmon Communication Annex No. 1.................... 862 acres Harmon Housing Annex No. 4.......................... 396 acres Harmon POL Storage Annex No. 2...................... 35 acres Harmon VOR Annex.................................... 308 acres Harmon POL Storage Annex No. 1...................... 14 acres Andersen Radio Beacon Annex......................... 23 acres Federal Aviation Administration Parcel Talofofo ``HH'' Homer Facility...................... 37 acres (c) Legal Descriptions.--The exact acreages and legal descriptions of all parcels of land to be transferred under this Act shall be determined by surveys which are satisfactory to the head of the controlling Federal agency referred to in subsection (a). The cost of such surveys, together with all direct and indirect costs related to any conveyance under this section, shall be borne by such controlling Federal agency. SEC. 3. TERMS AND CONDITIONS. (a) Further Federal Utilization Screening.--Parcels of land determined to be excess property pursuant to section 2 shall be screened for further Federal utilization in accordance with the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) and such screening will be completed within 45 days after the date on which they are determined to be excess. (b) Appraisals.--The Administrator shall promptly appraise those parcels that are not needed for further Federal utilization to determine their estimated fair market value. The head of the Federal agency which controls such parcels shall cooperate with the Administrator in carrying out appraisals under this section. The Administrator shall submit a copy of the appraisals to the committees of the Congress specified in subsection (d). The cost of such appraisals shall be paid for under section 204(b) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485(b)). (c) Land Use Plan.--The parcels of land to be transferred under this Act shall be eligible for transfer after the Government of Guam enacts legislation which establishes a detailed plan for the public benefit use (including, but not limited to, housing, schools, hospitals, libraries, child care centers, parks and recreation, conservation, economic development, public health, and public safety) of such parcels and the Governor of Guam submits such plan to the committees of the Congress specified in subsection (d). (d) Submissions.--The appraisals and land use plan required to be submitted to the committees of the Congress under subsections (b) and (c) shall be submitted to the Committee on Natural Resources, the Committee on Armed Services, the Committee on Government Operations and the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Energy and Natural Resources, the Committee on Armed Services, and the Committee on Governmental Affairs of the Senate. (e) Review by Committees.--Parcels of land may not be transferred under this Act until 180 days after the submission to the committees of the Congress specified in subsection (d) of-- (1) the appraisals provided for in subsection (b), and (2) the land use plan provided for in subsection (c). (f) Government of Guam Lands Within the War in the Pacific National Historical Park.--Parcels of land may not be transferred under this Act until after the Government of Guam enters into a cooperative agreement with the Secretary of the Interior, acting through the Director of the National Park Service, which grants to the Secretary, at no cost, the administrative jurisdiction over all undeveloped lands within the boundary of the War in the Pacific National Historical Park, except those lands at Adelup Point, which are owned by the Government of Guam. The lands covered by such cooperative agreement shall be managed in accordance with the general management plan of the park and in the same manner as lands within the park that are owned by the United States. SEC. 4. OBJECTS AFFECTING NAVIGABLE AIRSPACE. The conveyance document for any land transferred under this Act located within 6 nautical miles of an airport shall contain a provision that requires a determination of no hazard to air navigation to be obtained from the Federal Aviation Administration in accordance with applicable regulations governing objects affecting navigable airspace or under the authority of the Federal Aviation Act of 1958 (Public Law 85-726, as amended) in order for construction or alteration on the property to be permitted. SEC. 5. SEVERE CONTAMINATION. Notwithstanding any other provision of this Act, the Administrator of General Services, in his discretion, may choose not to transfer any parcel under this Act on which there is severe contamination, the remedy of which would require the United States to incur extraordinary costs. SEC. 6. APPLICATION OF FEDERAL AND TERRITORIAL LAWS. All Federal and territorial environmental laws and regulations shall apply to the parcels transferred pursuant to this Act during and after the transfer of such parcels. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Guam Excess Lands Act - Directs the Administrator of General Services to transfer specified excess parcels of Federal land to Guam for public benefit, by quitclaim deed and without reimbursement. Makes such parcels eligible for transfer upon the enactment and submission to specified congressional committees by Guam of a land use plan. Requires the Administrator to appraise such excess property and submit the appraisals to specified congressional committees. Prohibits the transfer of parcels of land under this Act until after Guam enters into a cooperative agreement with the Secretary of the Interior, acting through the Director of the National Park Service, which grants administrative jurisdiction to the Secretary over all undeveloped lands within the boundary of the War in the Pacific National Historical Park to be managed in accordance with the Park's general management plan and in the same manner as federally-owned lands within such Park. Excludes lands owned by Guam at Adelup Point. Requires the conveyance document for any land transferred within six nautical miles of an airport to require a determination by the Federal Aviation Administration of no hazard to air navigation in order for construction or alteration on the property to be permitted. Authorizes the Administrator to disallow transfer of any parcel on which there is severe contamination, the remedy of which would require the United States to incur extraordinary costs. States that all Federal and territorial environmental laws and regulations shall apply to parcels transferred under this Act during and after such transfer.

Guam Excess Lands Act

SECTION 1. TERMINATION OF EXCEPTION FOR CERTAIN REAL ESTATE INVESTMENT TRUSTS FROM THE TREATMENT OF STAPLED ENTITIES. (a) In General.--Notwithstanding paragraph (3) of section 136(c) of the Tax Reform Act of 1984 (relating to stapled stock; stapled entities), the REIT gross income provisions shall be applied by treating the activities and gross income of members of the stapled REIT group properly allocable to any nonqualified real property interest held by the exempt REIT or any stapled entity which is a member of such group (or treated under subsection (c) as held by such REIT or stapled entity) as the activities and gross income of the exempt REIT in the same manner as if the exempt REIT and such group were 1 entity. (b) Nonqualified Real Property Interest.--For purposes of this section-- (1) In general.--The term ``nonqualified real property interest'' means, with respect to any exempt REIT, any interest in real property acquired after March 26, 1998, by the exempt REIT or any stapled entity. (2) Exception for binding contracts, etc.--Such term shall not include any interest in real property acquired after March 26, 1998, by the exempt REIT or any stapled entity if-- (A) the acquisition is pursuant to a written agreement which was binding on such date and at all times thereafter on such REIT or stapled entity, or (B) the acquisition is described on or before such date in a public announcement or in a filing with the Securities and Exchange Commission. (3) Improvements and leases.-- (A) In general.--Except as otherwise provided in this paragraph, the term ``nonqualified real property interest'' shall not include-- (i) any improvement to land owned or leased by the exempt REIT or any member of the stapled REIT group, and (ii) any repair to, or improvement of, any improvement owned or leased by the exempt REIT or any member of the stapled REIT group, if such ownership or leasehold interest is a qualified real property interest. (B) Leases.--Such term shall not include any lease of a qualified real property interest. (C) Termination where change in use.-- (i) In general.--Subparagraph (A) shall not apply to any improvement placed in service after December 31, 1999, which is part of a change in the use of the property to which such improvement relates unless the cost of such improvement does not exceed 200 percent of-- (I) the cost of such property, or (II) if such property is substituted basis property (as defined in section 7701(a)(42) of the Internal Revenue Code of 1986), the fair market value of the property at the time of acquisition. (ii) Binding contracts.--For purposes of clause (i), an improvement shall be treated as placed in service before January 1, 2000, if such improvement is placed in service before January 1, 2004, pursuant to a binding contract in effect on December 31, 1999, and at all times thereafter. (4) Treatment of entities which are not stapled, etc. on march 26, 1998.--Notwithstanding any other provision of this section, all interests in real property held by an exempt REIT or any stapled entity with respect to such REIT (or treated under subsection (c) as held by such REIT or stapled entity) shall be treated as nonqualified real property interests unless-- (A) such stapled entity was a stapled entity with respect to such REIT as of March 26, 1998, and at all times thereafter, and (B) as of March 26, 1998, and at all times thereafter, such REIT was a real estate investment trust. (5) Qualified real property interest.--The term ``qualified real property interest'' means any interest in real property other than a nonqualified real property interest. (c) Treatment of Property Held by 10-Percent Subsidiaries.--For purposes of this section-- (1) In general.--Any exempt REIT and any stapled entity shall be treated as holding their proportionate shares of each interest in real property held by any 10-percent subsidiary entity of the exempt REIT or stapled entity, as the case may be. (2) Property held by 10-percent subsidiaries treated as nonqualified.-- (A) In general.--Except as provided in subparagraph (B), any interest in real property held by a 10-percent subsidiary entity of an exempt REIT or stapled entity shall be treated as a nonqualified real property interest. (B) Exception for interests in real property held on march 26, 1998, etc.--In the case of an entity which was a 10-percent subsidiary entity of an exempt REIT or stapled entity on March 26, 1998, and at all times thereafter, an interest in real property held by such subsidiary entity shall be treated as a qualified real property interest if such interest would be so treated if held directly by the exempt REIT or the stapled entity. (3) Reduction in qualified real property interests if increase in ownership of subsidiary.--If, after March 26, 1998, an exempt REIT or stapled entity increases its ownership interest in a subsidiary entity to which paragraph (2)(B) applies above its ownership interest in such subsidiary entity as of such date, the additional portion of each interest in real property which is treated as held by the exempt REIT or stapled entity by reason of such increased ownership shall be treated as a nonqualified real property interest. (4) Special rules for determining ownership.--For purposes of this subsection-- (A) percentage ownership of an entity shall be determined in accordance with subsection (e)(4), (B) interests in the entity which are acquired by the exempt REIT or stapled entity in any acquisition described in an agreement, announcement, or filing described in subsection (b)(2) shall be treated as acquired on March 26, 1998, and (C) except as provided in guidance prescribed by the Secretary, any change in proportionate ownership which is attributable solely to fluctuations in the relative fair market values of different classes of stock shall not be taken into account. (d) Treatment of Property Secured by Mortgage Held by Exempt REIT or Member of Stapled REIT Group.-- (1) In general.--In the case of any nonqualified obligation held by an exempt REIT or any member of the stapled REIT group, the REIT gross income provisions shall be applied by treating the exempt REIT as having impermissible tenant service income equal to-- (A) the interest income from such obligation which is properly allocable to the property described in paragraph (2), and (B) the income of any member of the stapled REIT group from services described in paragraph (2) with respect to such property. If the income referred to in subparagraph (A) or (B) is of a 10-percent subsidiary entity, only the portion of such income which is properly allocable to the exempt REIT's or the stapled entity's interest in the subsidiary entity shall be taken into account. (2) Nonqualified obligation.--Except as otherwise provided in this subsection, the term ``nonqualified obligation'' means any obligation secured by a mortgage on an interest in real property if the income of any member of the stapled REIT group for services furnished with respect to such property would be impermissible tenant service income were such property held by the exempt REIT and such services furnished by the exempt REIT. (3) Exception for certain market rate obligations.--Such term shall not include any obligation-- (A) payments under which would be treated as interest if received by a REIT, and (B) the rate of interest on which does not exceed an arm's length rate. (4) Exception for existing obligations.--Such term shall not include any obligation-- (A) which is secured on March 26, 1998, by an interest in real property, and (B) which is held on such date by the exempt REIT or any entity which is a member of the stapled REIT group on such date and at all times thereafter, but only so long as such obligation is secured by such interest. The preceding sentence shall not cease to apply by reason of the refinancing of the obligation if (immediately after the refinancing) the principal amount of the obligation resulting from the refinancing does not exceed the principal amount of the refinanced obligation (immediately before the refinancing). (5) Treatment of entities which are not stapled, etc. on march 26, 1998.--A rule similar to the rule of subsection (b)(4) shall apply for purposes of this subsection. (6) Increase in amount of nonqualified obligations if increase in ownership of subsidiary.--A rule similar to the rule of subsection (c)(3) shall apply for purposes of this subsection. (7) Coordination with subsection (a).--This subsection shall not apply to the portion of any interest in real property that the exempt REIT or stapled entity holds or is treated as holding under this section without regard to this subsection. (e) Definitions.--For purposes of this section-- (1) REIT gross income provisions.--The term ``REIT gross income provisions'' means-- (A) paragraphs (2), (3), and (6) of section 856(c) of the Internal Revenue Code of 1986, and (B) section 857(b)(5) of such Code. (2) Exempt reit.--The term ``exempt REIT'' means a real estate investment trust to which section 269B of the Internal Revenue Code of 1986 does not apply by reason of paragraph (3) of section 136(c) of the Tax Reform Act of 1984. (3) Stapled reit group.--The term ``stapled REIT group'' means, with respect to an exempt REIT, the group consisting of-- (A) all entities which are stapled entities with respect to the exempt REIT, and (B) all entities which are 10-percent subsidiary entities of the exempt REIT or any such stapled entity. (4) 10-percent subsidiary entity.-- (A) In general.--The term ``10-percent subsidiary entity'' means, with respect to any exempt REIT or stapled entity, any entity in which the exempt REIT or stapled entity (as the case may be) directly or indirectly holds at least a 10-percent interest. (B) Exception for certain c corporation subsidiaries of reits.--A corporation which would, but for this subparagraph, be treated as a 10-percent subsidiary of an exempt REIT shall not be so treated if such corporation is taxable under section 11 of the Internal Revenue Code of 1986. (C) 10-percent interest.--The term ``10-percent interest'' means-- (i) in the case of an interest in a corporation, ownership of 10 percent (by vote or value) of the stock in such corporation, (ii) in the case of an interest in a partnership, ownership of 10 percent of the assets or net profits interest in the partnership, and (iii) in any other case, ownership of 10 percent of the beneficial interests in the entity. (5) Other definitions.--Terms used in this section which are used in section 269B or section 856 of such Code shall have the respective meanings given such terms by such section. (f) Guidance.--The Secretary may prescribe such guidance as may be necessary or appropriate to carry out the purposes of this section, including guidance to prevent the avoidance of such purposes and to prevent the double counting of income. (g) Effective Date.--This section shall apply to taxable years ending after March 26, 1998.

Amends the Tax Reform Act of 1984 to provide for the termination of the exception for certain real estate investment trusts from the treatment of stapled entities.

A bill to provide that the exception for certain real estate investment trusts from the treatment of stapled entities shall apply only to existing property, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Union Member Protection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Labor unions make significant political contributions and expenditures that directly or indirectly influence the election of candidates and support or oppose political causes. Decisions to use union dues for political contributions and expenditures are usually made by union leadership and management, rather than union membership. (2) Unions, acting through their management, should be obligated to conduct business in the best interests of their membership. (3) Historically, union members have not had a way to know, or to influence, the political activities of unions that are supposed to represent them. Union members and the public have a right to know how unions are spending members' dues to make political contributions or expenditures benefitting candidates, political parties, and political causes. (4) Unions should be accountable to their membership in making political contributions or expenditures affecting Federal governance and public policy. Requiring the express approval of a union's membership for political contributions or expenditures will establish necessary accountability. SEC. 3. DISCLOSURE AND APPROVAL OF CERTAIN POLITICAL EXPENDITURES. (a) In General.--Title II of the Labor-Management Reporting and Disclosure Act (29 U.S.C. 431 et seq.) is amended by inserting after section 201 the following: ``SEC. 201A. DISCLOSURE AND APPROVAL OF CERTAIN POLITICAL EXPENDITURES BY LABOR ORGANIZATIONS. ``(a) Disclosure.--The report required under section 201 shall contain, in a clear and simple format-- ``(1) a description of the specific nature of any expenditures for political activities proposed to be made by the labor organization for the forthcoming fiscal year, to the extent the specific nature is known to the labor organization and including the total amount of such proposed expenditures; and ``(2) a disclosure of how each officer of the labor organization voted to authorize or not to authorize each expenditure for political activities made by the labor organization during the preceding fiscal year. ``(b) Restriction on Expenditures.--No labor organization shall make any expenditure for political activities in any fiscal year unless-- ``(1) such expenditure is of the nature of those proposed by the labor organization pursuant to subsection (a); and ``(2) the full, free, and written authorization for such expenditures has been granted by a majority of the members of the labor organization. ``(c) Mechanism for Obtaining Authorization.--Not later than 1 year after the date of enactment of the Union Member Protection Act, every labor organization shall adopt a mechanism for obtaining, by secret ballot, the authorization of its members as required under subsection (b)(2). ``(d) Liability.--The officers of a labor organization who authorize an expenditure without first obtaining the authorization of members required under subsection (b)(2) shall be jointly and severally liable in any action brought in any court of competent jurisdiction to any member of the labor organization or class of members for the amount of dues paid by such member or class of member during the 1 year period prior to the date that such expenditure was made. ``(e) Definition of Expenditure for Political Activities.--As used in this section: ``(1) The term `expenditure for political activities' means-- ``(A) an independent expenditure, as such term is defined in section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(17)); ``(B) contributions to any political party, committee, or electioneering communication, as such term is defined in section 304(f)(3)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(f)(3)(A)); and ``(C) dues or other payments to trade associations or other tax exempt organizations that are, or could reasonably be anticipated to be, used for the purposes described in subparagraph (A). ``(2) Such term shall not include-- ``(A) direct lobbying efforts through registered lobbyists employed or hired by the labor organization; ``(B) communications by a labor organization to its members and executive or administrative personnel and their families; or ``(C) the establishment, administration, and solicitation of contributions to a separate segregated fund to be utilized for political purposes by a labor organization.''. (b) Conforming Amendments.-- (1) Section 201(c) of such Act (29 U.S.C. 431(c)) is amended by striking ``make available the information required to be contained in'' and inserting ``provide''. (2) Section 209(a) of such Act (29 U.S.C. 439(a)) is amended by inserting ``other than section 201A'' after ``this title''. SEC. 4. REQUIREMENT OF VOTE BY PRINCIPAL OFFICERS. Section 201 of the Labor-Management Reporting and Disclosure Act (29 U.S.C. 431) is further amended by adding at the end the following: ``(f) The bylaws required under this section shall expressly provide for a vote of the principal officers of the labor organization on any individual expenditure for political activities (as such term is defined in section 201A(e)) in excess of $50,000. A labor organization shall make publicly available the individual votes of principal officers required by the preceding sentence within 48 hours of the vote, including in a clear and conspicuous location on the Internet website of the labor organization.''. SEC. 5. REPORT. The Comptroller General of the United States shall annually conduct a study on the compliance with the requirements of this Act by labor organizations and their management. Not later than April 1 of each year, the Comptroller General shall submit to Congress a report of such study. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of enactment of the Shareholder Protection Act of 2010.

Union Member Protection Act - Amends the Labor-Management Reporting and Disclosure Act (Landrum-Griffin Act) to require a labor organization's mandatory report to the Secretary of Labor on its constitution, officers, and basic organization to include, in a clear and simple format, both: (1) a description of the specific nature and total amount of political expenditures the labor organization proposes to make for the upcoming fiscal year; and (2) a disclosure of how each labor organization officer voted on each political expenditure made by the organization during the preceding fiscal year. Prohibits a labor organization from making political expenditures unless: (1) they are of the nature of those proposed in such report; and (2) they have received a full, free, and written authorization by secret ballot by a majority of the labor organization members. Makes officers jointly and severally liable for authorizing a political expenditure without first obtaining the authorization of labor organization members. Requires labor organization bylaws to provide expressly for a vote of the organization's principal officers on individual political expenditures in excess of $50,000. Requires a labor organization to make public the individual votes of such officers within 48 hours, including in a clear and conspicuous location on its website.

To amend the Labor-Management Reporting and Disclosure Act to require the authorization of members of a labor organization before such organization may make certain political expenditures, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Debt Relief Enhancement Act of 2002''. SEC. 2. MODIFICATION OF ENHANCED HIPC INITIATIVE. (a) In General.--The Secretary of the Treasury shall immediately commence efforts within the Paris Club of Official Creditors, the International Bank for Reconstruction and Development, the International Monetary Fund, and other appropriate multilateral development institutions to modify the Enhanced HIPC Initiative so that the amount of debt stock reduction approved for a country eligible for debt relief under the Enhanced HIPC Initiative shall be sufficient to reduce, for at least each year through 2005, or each of the first 3 years after the Decision Point-- (1) the net present value of the outstanding public and publicly guaranteed debt of the country to not more than 150 percent of the annual value of exports of the country for the year preceding the Decision Point; and (2) the annual payments due on such public and publicly guaranteed debt-- (A) to not more than 10 percent of the amount of the annual current revenues received by the country from internal sources; or (B) in the case of a country suffering a severe public health crisis, to not more than 5 percent of the amount of the annual current revenues received by the country from internal sources. (b) Definitions.--In this section: (1) Enhanced hipc initiative.--The term ``Enhanced HIPC Initiative'' means the multilateral debt initiative for heavily indebted poor countries presented in the Report of G-7 Finance Ministers on the Cologne Debt Initiative to the Cologne Economic Summit, Cologne, 18-20 June, 1999. (2) Decision point.--The term ``Decision Point'' means, with respect to a country, the point in time at which the Executive Boards of the International Bank for Reconstruction and Development and the International Monetary Fund review the debt sustainability analysis for the country and decide that the country is eligible for debt relief under the Enhanced HIPC Initiative. (3) Public health crisis.--A country is deemed to be suffering a ``public health crisis'' if-- (A) the nationwide HIV/AIDS infection rate for the country, as reported in the most recent epidemiological data as compiled by the Joint United Nations Program on HIV/AIDS, is at least 5 percent among women attending prenatal clinics, or 20 percent or more among individuals in groups with high-risk behavior; or (B) the country is suffering a health crisis or epidemic, as defined by the World Health Organization. SEC. 3. REPORT ON EXPANSION OF DEBT RELIEF TO NON-HIPC COUNTRIES. (a) In General.--Within 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the Congress a report on-- (1) the options and costs associated with expanding debt relief to include poor countries who were not eligible for inclusion in the Enhanced HIPC Initiative (as defined in section 2(b)(1)); (2) options for burden-sharing among donor countries and multilateral institutions of costs associated with expanding debt relief; and (3) options, in addition to the Enhanced HIPC Initiative (as so defined), to ensure debt sustainability in poor countries, particularly in cases when the poor country has suffered an external economic shock or a natural disaster. (b) Specific Options To Be Considered.--Among the options for expansion of debt relief, consideration should be given to making eligible for the relief poor countries for which outstanding public and publicly guaranteed debt requires annual payments in excess of 10 percent of the amount of the annual current revenues received by the countries from internal sources. SEC. 4. DEBT RELIEF FOR THE POOREST COUNTRIES. (a) Authority To Reduce Debt.--The President may reduce amounts owed to the United States (or any agency of the United States) by an eligible country as a result of-- (1) guarantees issued under sections 221 and 222 of the Foreign Assistance Act of 1961; (2) credits extended or guarantees issued under the Arms Export Control Act; or (3) any obligation or portion of such obligation, to pay for purchases of United States agricultural commodities guaranteed by the Commodity Credit Corporation under export credit guarantee programs authorized pursuant to section 5(f) of the Commodity Credit Corporation Charter Act of June 29, 1948, section 4(b) of the Food for Peace Act of 1966, or section 202 of the Agricultural Trade Act of 1978. (b) Limitations.--(1) The authority provided by subsection (a) may be exercised only to implement multilateral official debt relief and referendum agreements, commonly referred to as ``Paris Club Agreed Minutes''. (2) The authority provided by subsection (a) may be exercised only in such amounts or to such extent as is provided in advance by appropriations Acts. (3) The authority provided by subsection (a) may be exercised only with respect to countries with heavy debt burdens that are eligible to borrow from the International Development Association, but not from the International Bank for Reconstruction and Development, commonly referred to as ``IDA-only'' countries. (c) Conditions.--The authority provided by subsection (a) may be exercised only with respect to a country whose government-- (1) does not have an excessive level of military expenditures; (2) has not repeatedly provided support for acts of international terrorism and is not failing to cooperate with the United States on efforts to combat international terrorism; (3) is not failing to cooperate on international narcotics control matters; (4) (including its military or other security forces) does not engage in a consistent pattern of gross violations of internationally recognized human rights; (5) is not ineligible for assistance because of the application of section 527 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; and (6) has not been designated, in the most recent Department of State `Trafficking in Persons Report', as a `Tier 3' nation pursuant to the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106-386) for its failure to cooperate on international trafficking in persons prevention efforts. (d) Additional Requirements Relating to Actions To Prevent HIV/AIDS and Poverty.--In addition to the requirements of subsection (c), the authority provided by subsection (a) may be exercised only with respect to an eligible country if the country has agreed that-- (1) the financial benefits of debt reduction will be applied to programs to combat HIV/AIDS and poverty, in particular through concrete measures to improve basic services in health, education, nutrition, and other development priorities, and to redress environmental degradation; (2) the financial benefits of debt reduction are in addition to the total spending of the country's government on poverty reduction for the previous year, or the average total of such expenditures for the previous 3 years, whichever is greater; (3) the eligible country will implement transparent and participatory policy making and budget procedures, good governance, and effective anti-corruption measures; and (4) the eligible country will broaden public participation and popular understanding of the principles and goals of poverty reduction. (e) Availability of Funds.--The authority provided by subsection (a) may be used only with regard to funds appropriated by an Act making appropriations for foreign operations, export financing, and related programs under the heading ``Debt Restructuring''. (f) Certain Prohibitions Inapplicable.--A reduction of debt pursuant to subsection (a) shall not be considered assistance for purposes of any provision of law limiting assistance to a country. The authority provided by subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or section 321 of the International Development and Food Assistance Act of 1975. SEC. 5. MODIFICATION OF DETERMINATION OF COUNTRIES SUPPORTING TERRORISM UNDER CERTAIN INTERNATIONAL AFFAIRS LAWS. (a) Foreign Assistance Act of 1961.-- (1) General prohibition on assistance.--Section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)) is amended by inserting after ``international terrorism'' the following: ``or has failed to cooperate with the United States on efforts to combat international terrorism''. (2) Enterprise for the americas initiative.--Section 703(a)(2) of such Act (22 U.S.C. 2430b(a)(2)) is amended by inserting after ``international terrorism'' the following: ``and has cooperated with the United States on efforts to combat international terrorism''. (b) Arms Export Control Act.-- (1) General prohibition on transactions.--Section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) is amended in the first sentence by inserting after ``international terrorism'' the following: ``or has failed to cooperate with the United States on efforts to combat international terrorism''. (2) Transfer of missile equipment or technology by united states person.--Section 72(c) of such Act (22 U.S.C. 2797a(c)) is amended by inserting after ``international terrorism'' the following: ``or has failed to cooperate with the United States on efforts to combat international terrorism''. (3) Transfer of missile equipment or technology by foreign person.--Section 73(f) of such Act (22 U.S.C. 2797b(f)) is amended by inserting after ``international terrorism'' the following: ``or has failed to cooperate with the United States on efforts to combat international terrorism''. (4) Transfer of chemical or biological weapons by foreign person.--Section 81(a)(2)(B) of such Act (22 U.S.C. 2798(a)(2)(B)) is amended by inserting after ``international terrorism'' the following: ``or has failed to cooperate with the United States on efforts to combat international terrorism''. (c) Export Administration Act of 1979.-- (1) General requirements.--Section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. app. 2405(j)(1)(A)) is amended-- (A) in subsection (j)(1)(A), by inserting after ``international terrorism'' the following: ``or has failed to cooperate with the United States on efforts to combat international terrorism''; and (B) in subsection (l)(3)(B), by inserting after ``international terrorism'' the following: ``or to have failed to cooperate with the United States on efforts to combat international terrorism''. (2) Transfer of chemical or biological weapons by foreign person.--Section 11C(a)(2)(B) of such Act (50 U.S.C. app. 2410c(a)(2)(B)) is amended by inserting after ``international terrorism'' the following: ``or has failed to cooperate with the United States on efforts to combat international terrorism''.

Debt Relief Enhancement Act of 2002 - Directs the Secretary of the Treasury to commence efforts immediately within the Paris Club of Official Creditors, the International Bank for Reconstruction and Development (IBRD), the International Monetary Fund (IMF), and other appropriate multilateral development institutions to modify the Enhanced Heavily Indebted Poor Countries (HIPC) Initiative so that the amount of debt stock reduction approved for a country eligible for debt relief shall be sufficient to reduce, by a specified deadline, the net present value of the outstanding public and publicly guaranteed debt of the country, and the annual payments due, to levels determined according to certain formulae.Requires the Secretary to report to Congress on the options and costs associated with expanding debt relief under the Initiative to poor countries not eligible for inclusion in it.Authorizes the President to reduce amounts owed to the United States (or any Federal agency) by an eligible country as a result of: (1) certain guarantees issued under the Foreign Assistance Act of 1961; (2) credits extended or guarantees issued under the Arms Export Control Act; or (3) any obligation (or portion of it) to pay for purchases of U.S. agricultural commodities guaranteed by the Commodity Credit Corporation under specified export credit programs.Prescribes other specified conditions and prohibitions with respect to country eligibility.Requires any country otherwise eligible to receive debt cancellation under the modifications to the Initiative made by this Act, among other things, to agree to: (1) ensure that the financial benefits of debt cancellation are applied to programs to combat HIV/AIDS and poverty; and (2) implement transparent and participatory policymaking and budget procedures, good governance, and effective anticorruption measures.Amends the Foreign Assistance Act of 1961 (including the Enterprise for the Americas Initiative), the Arms Export Control Act, and the Export Administration Act of 1979 to modify specified prohibitions on assistance to countries to include countries that have failed to cooperate with the United States on efforts to combat international terrorism.

To ensure that the Enhanced Highly Indebted Poor Countries Initiative achieves the objective of substantially increasing resources available for human development and poverty reduction in heavily indebted poor countries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tropical Forest and Coral Conservation Reauthorization Act of 2009''. SEC. 2. AMENDMENT TO SHORT TITLE OF ACT TO ENCOMPASS EXPANDED SCOPE. (a) In General.--Section 801 of the Tropical Forest Conservation Act of 1998 (Public Law 87-195; 22 U.S.C. 2151 note) is amended by striking ``Tropical Forest Conservation Act of 1998'' and inserting ``Tropical Forest and Coral Conservation Act of 2009''. (b) References.--Any reference in any other provision of law, regulation, document, paper, or other record of the United States to the ``Tropical Forest Conservation Act of 1998'' shall be deemed to be a reference to the ``Tropical Forest and Coral Conservation Act of 2009''. SEC. 3. EXPANSION OF SCOPE OF ACT TO PROTECT FORESTS AND CORAL REEFS. (a) In General.--Section 802 of the Tropical Forest and Coral Conservation Act of 2009 (22 U.S.C. 2431), as renamed by section 2(a), is amended-- (1) in subsections (a)(1), (a)(6), (a)(7), (b)(1), (b)(3), and (b)(4), by striking ``tropical forests'' each place it appears and inserting ``tropical forests and coral reefs and associated coastal marine ecosystems''; (2) in subsection (a)(2)-- (A) in subparagraph (A), by striking ``resources, which are the basis for developing pharmaceutical products and revitalizing agricultural crops'' and inserting ``resources''; and (B) in subparagraph (C), by striking ``far-flung''; and (3) in subsection (b)(2)-- (A) by striking ``tropical forests'' the first place it appears and inserting ``tropical forests and coral reefs and associated coastal marine ecosystems''; (B) by striking ``tropical forests'' the second place it appears and inserting ``areas''; (C) by striking ``tropical forests'' the third place it appears and inserting ``tropical forests and coral reefs and their associated coastal marine ecosystems''; and (D) by striking ``that have led to deforestation'' and inserting ``on such countries''. (b) Amendments Related to Definitions.--Section 803 of such Act (22 U.S.C. 2431a) is amended-- (1) in paragraph (5)-- (A) in the heading, by striking ``tropical forest'' and inserting ``tropical forest or coral reef''; (B) in the matter preceding subparagraph (A), by striking ``tropical forest'' and inserting ``tropical forest or coral reef''; and (C) in subparagraph (B)-- (i) by striking ``tropical forest'' and inserting ``tropical forest or coral reef''; and (ii) by striking ``tropical forests'' and inserting ``tropical forests or coral reefs'' (2) by adding at the end the following new paragraphs: ``(10) Coral.--The term `coral' means species of the phylum Cnidaria, including-- ``(A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), and Coenothecalia (blue coral), of the class Anthoza; and ``(B) all species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa. ``(11) Coral reef.--The term `coral reef' means any reef or shoal composed primarily of coral. ``(12) Associated coastal marine ecosystem.--The term `associated coastal marine ecosystem' means any coastal marine ecosystem surrounding, or directly related to, a coral reef and important to maintaining the ecological integrity of that coral reef, such as seagrasses, mangroves, sandy seabed communities, and immediately adjacent coastal areas.''. SEC. 4. CHANGE TO NAME OF FACILITY. (a) In General.--Section 804 of the Tropical Forest and Coral Conservation Act of 2009 (22 U.S.C. 2431b), as renamed by section 2(a), is amended by striking ``Tropical Forest Facility'' and inserting ``Conservation Facility''. (b) Conforming Amendments to Definitions.--Section 803(8) of such Act (22 U.S.C. 2431a(8)) is amended-- (1) in the heading, by striking ``Tropical forest facility'' and inserting ``Conservation facility''; and (2) by striking ``Tropical Forest Facility'' both places it appears and inserting ``Conservation Facility''. (c) References.--Any reference in any other provision of law, regulation, document, paper, or other record of the United States to the ``Tropical Forest Facility'' shall be deemed to be a reference to the ``Conservation Facility''. SEC. 5. ELIGIBILITY FOR BENEFITS. Section 805(a) of the Tropical Forest and Coral Conservation Act of 2009 (22 U.S.C. 2431c(a)), as renamed by section 2(a), is amended by striking ``tropical forest'' and inserting ``tropical forest or coral reef''. SEC. 6. UNITED STATES GOVERNMENT REPRESENTATION ON OVERSIGHT BODIES FOR GRANTS FROM DEBT-FOR-NATURE SWAPS AND DEBT BUYBACKS. Section 808(a)(5) of the Tropical Forest and Coral Conservation Act of 2009 (22 U.S.C. 2431f(a)(5)), as renamed by section 2(a), is amended by adding at the end the following new subparagraph: ``(C) United states government representation on the administering body.--One or more individuals appointed by the United States Government may serve in an official capacity on the administering body that oversees the implementation of grants arising from a debt-for-nature swap or debt buyback regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country.''. SEC. 7. CONSERVATION AGREEMENTS. (a) Renaming of Agreements.--Section 809 of the Tropical Forest and Coral Conservation Act of 2009 (22 U.S.C. 2431g), as renamed by section 2(a), is amended-- (1) in the section heading, by striking ``tropical forest agreement'' and inserting ``conservation agreement''; and (2) in subsection (a)-- (A) by striking ``Authority'' and all that follows through ``(1) In general.--The Secretary'' and inserting ``Authority.--The Secretary''; and (B) by striking ``Tropical Forest Agreement'' and inserting ``Conservation Agreement''. (b) Elimination of Requirement To Consult With the Enterprise for the Americas Board.--Such subsection is further amended by striking paragraph (2). (c) Role of Beneficiary Countries.--Such section is further amended-- (1) in subsection (e)(1)(C), by striking ``in exceptional circumstances, the government of the beneficiary country'' and inserting ``in limited circumstances, the government of the beneficiary country when needed to improve governance and enhance management of tropical forests or coral reefs or associated coastal marine ecosystems, without replacing existing levels of financial efforts by the government of the beneficiary country and with priority given to projects that complement grants made under subparagraphs (A) and (B)''; and (2) by amending subsection (f) to read as follows: ``(f) Review of Larger Grants.--Any grant of more than $250,000 from a Fund must be approved by the Government of the United States and the government of the beneficiary country.''. (d) Technical and Conforming Amendments.--Such section is further amended-- (1) in subsection (c)(2)(A)(i), by inserting ``to serve in an official capacity'' after ``Government''; (2) in subsection (d)-- (A) in the matter preceding paragraph (1), by striking ``tropical forests'' and inserting ``tropical forests and coral reefs and associated coastal marine ecosystems related to such coral reefs''; (B) in paragraph (5), by striking ``tropical forest''; and (C) in paragraph (6), by striking ``living in or near a tropical forest in a manner consistent with protecting such tropical forest'' and inserting ``dependent on a tropical forest or coral reef or an associated coastal marine ecosystem related to such coral reef and related resources in a manner consistent with conserving such resources''. (e) Conforming Amendments to Definitions.--Section 803(7) of such Act (22 U.S.C. 2431a(7)) is amended-- (1) in the heading, by striking ``Tropical forest agreement'' and inserting ``Conservation agreement''; and (2) by striking ``Tropical Forest Agreement'' both places it appears and inserting ``Conservation Agreement''. SEC. 8. CONSERVATION FUND. (a) In General.--Section 810 of the Tropical Forest and Coral Conservation Act of 2009 (22 U.S.C. 2431h), as renamed by section 2(a), is amended-- (1) in the section heading, by striking ``tropical forest fund'' and inserting ``conservation fund''; and (2) in subsection (a)-- (A) by striking ``Tropical Forest Agreement'' and inserting ``Conservation Agreement''; and (B) by striking ``Tropical Forest Fund'' and inserting ``Conservation Fund''. (b) Conforming Amendments to Definitions.--Such Act is further amended-- (1) in section 803(9) (22 U.S.C. 2431a(9))-- (A) in the heading, by striking ``Tropical forest fund'' and inserting ``Conservation fund''; and (B) by striking ``Tropical Forest Fund'' both places it appears and inserting ``Conservation Fund''; (2) in section 806(c)(2) (22 U.S.C. 2431d(c)(2)), by striking ``Tropical Forest Fund'' and inserting ``Conservation Fund''; and (3) in section 807(c)(2) (22 U.S.C. 2431e(c)(2)), by striking ``Tropical Forest Fund'' and inserting ``Conservation Fund''. SEC. 9. REPEAL OF AUTHORITY OF THE ENTERPRISE FOR THE AMERICAS BOARD TO CARRY OUT ACTIVITIES UNDER THE TROPICAL FOREST AND CORAL CONSERVATION ACT OF 2009. (a) In General.--Section 811 of the Tropical Forest and Coral Conservation Act of 2009 (22 U.S.C. 2431i), as renamed by section 2(a), is repealed. (b) Conforming Amendments.--Section 803 of such Act (22 U.S.C. 2431a), as renamed by section 2(a), is amended-- (1) by striking paragraph (4); and (2) by redesignating paragraphs (5), (6), (7), (8), and (9) as paragraphs (4), (5), (6), (7), and (8), respectively. SEC. 10. CHANGES TO DUE DATES OF ANNUAL REPORTS TO CONGRESS. Section 813 of the Tropical Forest and Coral Conservation Act of 2009 (22 U.S.C. 2431k), as renamed by section 2(a), is amended-- (1) in subsection (a)-- (A) by striking ``(a) In General.--Not later than December 31'' and inserting ``Not later than April 15''; (B) by striking ``Facility'' both places it appears and inserting ``Conservation Facility''; and (C) by striking ``fiscal year'' both places it appears and inserting ``calendar year''; and (2) by striking subsection (b). SEC. 11. CHANGES TO INTERNATIONAL MONETARY FUND CRITERION FOR COUNTRY ELIGIBILITY. Section 703(a)(5) of the Foreign Assistance Act of 1961 (22 U.S.C. 2430b(a)(5)) is amended-- (1) by striking ``or, as appropriate in exceptional circumstances,'' and inserting ``or''; (2) in subparagraph (A)-- (A) by striking ``or in exceptional circumstances, a Fund monitored program or its equivalent,'' and inserting ``or a Fund monitored program, or is implementing sound macroeconomic policies,''; and (B) by striking ``(after consultation with the Enterprise for the Americas Board)''; and (3) in subparagraph (B), by striking ``(after consultation with the Enterprise for Americas Board)''. SEC. 12. NEW AUTHORIZATION OF APPROPRIATIONS FOR THE REDUCTION OF DEBT AND AUTHORIZATION FOR AUDIT, EVALUATION, MONITORING, AND ADMINISTRATION EXPENSES. Section 806 of the Tropical Forest and Coral Conservation Act of 2009 (22 U.S.C. 2431d), as renamed by section 2(a), is amended-- (1) in subsection (d), by adding at the end the following new paragraphs: ``(7) $25,000,000 for fiscal year 2009. ``(8) $30,000,000 for fiscal year 2010. ``(9) $30,000,000 for fiscal year 2011. ``(10) $30,000,000 for fiscal year 2012.''; and (2) by amending subsection (e) to read as follows: ``(e) Use of Funds To Conduct Program Audits, Evaluations, Monitoring, and Administration.--Of the amounts made available to carry out this part for a fiscal year, $300,000 is authorized to be made available to carry out audits, evaluations, monitoring, and administration of programs under this part, including personnel costs associated with such audits, evaluations, monitoring and administration.''.

Tropical Forest and Coral Conservation Reauthorization Act of 2009 - (Sec. 2) Renames the Tropical Forest Conservation Act of 1998 as The Tropical Forest and Coral Conservation Act of 2009. (Sec. 3) Includes tropical forests and coral reefs and associated coastal marine ecosystems within the scope of such Act. Defines "coral" as species of the phylum Cnidaria, including: (1) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), and Coenothecalia (blue coral), of the class Anthoza; and (2) all species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa. Defines "associated coastal marine ecosystem" as any coastal marine ecosystem surrounding, or directly related to, a coral reef and important to maintaining the ecological integrity of that coral reef, such as seagrasses, mangroves, sandy seabed communities, and immediately adjacent coastal areas. (Sec. 4) Renames the Tropical Forest Facility as the Conservation Facility. (Sec. 6) Authorizes U.S. government representation on the administering body that oversees the implementation of grants from a debt-for-nature swap or debt buy-back regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country. (Sec. 7) Requires U.S. government and beneficiary country government review of Conservation Fund grants in excess of $250,000. (Sec. 9) Repeals Enterprise of the Americas Board authority to carry out activities under the Act. (Sec. 10) Changes the due date for the annual Facility report to Congress from December 31 to April 15. (Sec. 11) Revises country eligibility criteria. (Sec. 12) Authorizes FY2009-FY2012 appropriations for debt reduction. Increases annual funds available for program audits and evaluation, and makes such funds available for program monitoring and administration.

A bill to reauthorize the Tropical Forest Conservation Act of 1998 through fiscal year 2012, to rename the Tropical Forest Conservation Act of 1998 as the "Tropical Forest and Coral Conservation Act of 2009", and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Government Tax-Exempt Bond Authority Amendments Act of 1999''. SEC. 2. CONSTITUTIONAL AUTHORITY. The Constitutional authority upon which this Act rests is the power of Congress to lay and collect taxes and to regulate commerce with foreign nations and among the several States and with the Indian tribes, as set forth in section 8 of Article I of the United States Constitution. SEC. 3. MODIFICATIONS OF AUTHORITY OF INDIAN TRIBAL GOVERNMENTS TO ISSUE TAX-EXEMPT BONDS. (a) General Provision.--Subsection (c) of section 7871 of the Internal Revenue Code of 1986 (relating to Indian tribal governments treated as States for certain purposes) is amended to read as follows: ``(c) Additional Requirements for Tax-Exempt Bonds.-- ``(1) In general.--Subsection (a) of section 103 shall apply to any obligation issued by an Indian tribal government (or subdivision thereof) only if such obligation is part of an issue 95 percent or more of the net proceeds of which are to be used to finance facilities located on land within or in close proximity to the exterior boundaries of an Indian reservation. ``(2) Private activity bonds.--Any private activity bond (as defined in section 141(a)) issued by an Indian tribal government (or subdivision thereof) shall be treated as a qualified bond for purposes of section 103(b)(1) to which section 146 does not apply if-- ``(A) General restrictions.--The requirements of section 144(a)(8)(B) and section 147 are met with respect to the issue. ``(B) Specific restrictions.-- ``(i) Ownership.--In the case of an issue the net proceeds of which exceed $500,000, 50 percent or more of the profits or capital interests in the facilities to be financed thereby (or in the entity owning the facilities) are owned either by an Indian tribe, a subdivision thereof, a corporation chartered under section 17 of the Indian Reorganization Act of 1934 (25 U.S.C. 477) or section 3 of the Oklahoma Welfare Act (25 U.S.C. 503), individual enrolled members of an Indian Tribe, an entity wholly-owned by any of the foregoing, or any combination thereof. ``(ii) Employment test.--It is reasonably expected (at the time of issuance of the obligations) that for each $100,000 of net proceeds of the issue at least 1 employee rendering services at the financed facilities is an enrolled member of an Indian tribe or the spouse of an enrolled member of an Indian tribe. ``(iii) Gaming.--No part of the issue of which such bond is a part is used for property (or any portion thereof) placed in service for purposes of conducting or housing class I, II, or III gaming (as defined in section 4 of the Indian Regulatory Act (25 U.S.C. 2703)). ``(3) Definitions.--For purposes of this subsection-- ``(A) Indian tribe.--The term `Indian tribe' means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village, or regional or village corporation, as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(B) Indian reservation.--The term `Indian reservation' means a reservation, as defined in-- ``(i) section 3(d) of the Indian Financing Act of 1974 (25 U.S.C. 1452(d)); or ``(ii) section 4(10) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903(10)). ``(C) In close proximity to.--The term `in close proximity to' means-- ``(i) in the case of an Indian reservation, or portion thereof, located within a metropolitan statistical area (within the meaning of section 143(k)(2)(B)), within 1 mile of the boundaries of such reservation, or portion thereof; and ``(ii) in the case of an Indian reservation, or portion thereof, located within a nonmetropolitan area (as defined in section 42(d)(5)(C)(iv)(IV)), within 15 miles of the boundaries of such reservation, or portion thereof. ``(D) Net proceeds.--The term `net proceeds' has the meaning given such term by section 150(a)(3).'' (b) Conforming Amendment.--Paragraph (3) of section 149(b) of the Internal Revenue Code of 1986 (relating to federally guaranteed bond is not exempt) is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: ``(D) Exception for bonds issued by indian tribal governments.--Paragraph (1) shall not apply to any bond issued by an Indian tribal government (or subdivision thereof) unless such bond is federally guaranteed within the meaning of paragraph (2)(B)(ii).'' SEC. 4. EXEMPTION FROM REGISTRATION REQUIREMENTS. The first sentence of section 3(a)(2) of the Securities Act of 1933 (15 U.S.C. 77c(a)(2)) is amended by inserting ``or by any Indian tribal government or subdivision thereof (within the meaning of section 7871 of the Internal Revenue Code of 1986),'' after ``or Territories,''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to obligations issued after the date of the enactment of this Act.

Amends the Securities Act of 1933 to exempt obligations issued by an Indian tribal government or subdivision from registration requirements.

Tribal Government Tax-Exempt Bond Authority Amendments Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity for Reservists Pay Act of 2003''. SEC. 2. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS SERVING ON ACTIVE DUTY IN A RESERVE COMPONENT OF THE UNIFORMED SERVICES. (a) In General.--Subchapter IV of chapter 55 of title 5, United States Code, is amended by adding at the end the following new section: ``Sec. 5538. Nonreduction in pay while serving on active duty in a reserve component ``(a) An employee who is also a member of a reserve component and is absent from a position of employment with the Federal Government under a call or order to serve on active duty for a period of more than 30 days shall be entitled to receive, for each pay period described in subsection (b), an amount equal to the difference (if any) between-- ``(1) the amount of civilian basic pay that would otherwise have been payable to the employee for such pay period if the employee's civilian employment with the Government had not been interrupted by the service on active duty; and ``(2) the amount of military compensation that is payable to the employee for the service on active duty and is allocable to such pay period. ``(b)(1) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee's civilian employment had not been interrupted) that occurs-- ``(A) while the employee serves on active duty for a period of more than 30 days; ``(B) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or ``(C) during the 14-day period beginning at the end of such active duty or the end of the period referred to in subparagraph (B). ``(2) Paragraph (1) shall not apply with respect to a pay period for which the employee receives civilian basic pay (including by taking any annual, military, or other paid leave) to which the employee is entitled by virtue of the employee's civilian employment with the Government. ``(c) Any amount payable under this section to an employee shall be paid-- ``(1) by employing agency of the employee; ``(2) from the appropriations or fund that would be used to pay the employee if the employee were in a pay status; and ``(3) to the extent practicable, at the same time and in the same manner as would civilian basic pay if the employee's civilian employment had not been interrupted. ``(d) In consultation with Secretary of Defense, the Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section. ``(e)(1) In consultation with the Office, the head of each agency referred to in section 2302(a)(2)(C)(ii) of this title shall prescribe procedures to ensure that the rights under this section apply to the employees of such agency. ``(2) The Administrator of the Federal Aviation Administration shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of that agency. ``(f) In this section: ``(1) The terms `active duty for a period of more than 30 days', `member', and `reserve component' have the meanings given such terms in section 101 of title 37. ``(2) The term `civilian basic pay' includes any amount payable under section 5304 of this title. ``(3) The term `employing agency', as used with respect to an employee entitled to any payments under this section, means the agency or other entity of the Government (including an agency referred to in section 2302(a)(2)(C)(ii) of this title) with respect to which the employee has reemployment rights under chapter 43 of title 38. ``(4) The term `military compensation' has the meaning given the term `pay' in section 101(21) of title 37.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5537 the following new item: ``5538. Nonreduction in pay while serving on active duty in a reserve component.''. (c) Application of Amendment.--Section 5538 of title 5, United States Code, as added by subsection (a), shall apply with respect to pay periods (as described in subsection (b) of such section) beginning on or after the date of the enactment of this Act. SEC. 3. ASSISTANCE FOR STATE AND LOCAL GOVERNMENTS THAT CONTINUE TO PAY EMPLOYEES WHO SERVE ON ACTIVE DUTY IN A RESERVE COMPONENT OF THE UNIFORMED SERVICES. (a) In General.--Chapter 17 of title 37, United States Code, is amended by adding at the end the following new section: ``Sec. 910. Assistance for State and local governments that continue to pay employees who serve on active duty ``(a) Continuation of Civilian Basic Pay.--It is the purpose of this section to encourage States and local governments to continue to pay a portion of the civilian compensation of those employees who are also members of a reserve component and are absent from a position of employment with the State or local government under a call or order to serve on active duty for a period of more than 30 days so that the employees receive compensation in an amount that, when taken together with their military pay, is at least equal to their civilian compensation. ``(b) Reimbursement Offered.--(1) At the request of a State or local government that continues to pay all or a portion of the civilian compensation of an employee described in subsection (a), the Secretary concerned shall reimburse the State or local government for 50 percent of the civilian compensation paid by the State or local government for each pay period described in subsection (c), but not to exceed 50 percent of the difference (if any) between-- ``(A) the amount of civilian compensation that would otherwise have been payable to the employee for such pay period if the employee's civilian employment with the State or local government had not been interrupted by the service on active duty; and ``(B) the amount of military pay that is payable to the employee for the service on active duty and is allocable to such pay period. ``(2) If the pay periods described in subsection (c) extend more than nine consecutive months after the first day of the first month during which the employee began to serve on active duty for a period of more than 30 days, the reimbursement rate shall become 100 percent for the subsequent payments. However, as is the case under paragraph (1), reimbursement shall be provided only for the difference (if any) between-- ``(A) the amount of civilian compensation that would otherwise have been payable to the employee for such pay period if the employee's civilian employment with the State or local government had not been interrupted by the service on active duty; and ``(B) the amount of military pay that is payable to the employee for the service on active duty and is allocable to such pay period. ``(c) Pay Periods.--Reimbursement shall be provided under this section with respect to each pay period (which would otherwise apply if the employee's civilian employment had not been interrupted) that occurs-- ``(1) while the employee serves on active duty for a period of more than 30 days; ``(2) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or ``(3) during the 14-day period beginning at the end of such active duty or the end of the period referred to in subparagraph (B). ``(d) Effect of Failure to Return to Employment.--(1) If an employee described in subsection (a), with respect to whom reimbursement is provided to a State or local government under this section, fails to report or apply for employment or reemployment with the State or local government by the end of the period referred to in subsection (c)(3), the employee shall refund to the Secretary concerned the total amount of the reimbursement provided with respect to the employee. ``(2) Subject to paragraph (3), an obligation to refund moneys to the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. ``(3) The Secretary concerned may waive, in whole or in part, a refund required under paragraph (1) if the Secretary concerned determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. ``(4) A discharge in bankruptcy under title 11 that is entered less than five years after the end of the period referred to in subsection (c)(3) does not discharge the employee from a debt arising under paragraph (1). This paragraph applies to any case commenced under title 11 after the date of the enactment of this section. ``(e) Regulations.--The Secretaries concerned shall prescribe regulations to carry out this section. ``(f) Definitions.--In this section: ``(1) The term `civilian compensation' means the wages or salary that an employee of a State or local government normally receives from the employee's employment by the State or local government. ``(2) The term `local government' means an agency or political subdivision of a State. ``(3) The term `military pay' has the meaning given the term `pay' in section 101(21) of this title. ``(4) The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and other territories or possessions of the United States.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of title 37, United States Code, is amended by inserting after the item relating to section 909 the following new item: ``910. Assistance for State and local governments that continue to pay employees who serve on active duty.''. (c) Application of Amendment.--Section 910 of title 37, United States Code, as added by subsection (a), shall apply with respect to pay periods (as described in subsection (b) of such section) beginning on or after the date of the enactment of this Act. SEC. 4. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT ADDED TO GENERAL BUSINESS CREDIT. (a) Addition of Credit.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business- related credits) is amended by adding at the end the following new section: ``SEC. 45G. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of an employer, the active-duty reserve component employee credit determined under this section for the taxable year is an amount equal to 50 percent of the compensation paid by the employer to an employee who is also a member of a reserve component during the taxable year when the employee was absent from employment for a reason described in subsection (b), but not to exceed 50 percent of the difference (if any) between-- ``(1) the amount of compensation that would otherwise have been payable to the employee during such absence if the employee's employment with the employer had not been interrupted by the employee's absence; and ``(2) the amount of military pay that is payable to the employee during the absence. ``(b) Covered Pay Periods.--Subsection (a) shall apply with respect to an employee who is also a member of a reserve component-- ``(1) while the employee serves on active duty for a period of more than 30 days; ``(2) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or ``(3) during the 14-day period beginning at the end of such active duty or the end of the period referred to in subparagraph (B). ``(c) Limitation.--No credit shall be allowed under subsection (a) with respect to an employee on any day on which the employee was not scheduled to work (for a reason other than such service on active duty) and ordinarily would not have worked. ``(d) Definitions.--For purposes of this section-- ``(1) The terms `active duty for a period of more than 30 days', `member', and `reserve component' have the meanings given such terms in section 101 of title 37, United States Code. ``(2) The term `compensation' means any remuneration for employment, whether in cash or in kind, which is paid or incurred by a taxpayer and which is deductible from the taxpayer's gross income under section 162(a)(1).''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) the active-duty reserve component employee credit determined under section 45G(a).''. (c) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45F the following new item: ``Sec. 45G. Active-duty reserve component employee credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Equity for Reservists Pay Act of 2003 - Entitles a Federal employee who is also a member of the reserves and who is absent from his or her civilian employment position under a call or order for active duty service of more than 30 days, to receive an amount equal to the difference in pay between the military compensation received and the civilian compensation that otherwise would have been received during such period. Makes such amounts also payable during: (1) any period of hospitalization or convalescence required as a result of such service; and (2) the 14-day period following such service.Directs the Secretary of the military department concerned to reimburse a State or local government for 50 percent of the civilian compensation paid by such government for pay periods when a State or local government employee is performing active duty service of more than 30 days. Increases such rate to 100 percent if the employee's active duty service period extends beyond nine months. Requires such reimbursement during periods of hospitalization or convalescence and for 14 days after service.Amends the Internal Revenue Code to provide that, for purposes of the general business credit, the Active-Duty Reserve Component employee credit is 50 percent of the compensation paid by the employer to the employee during the period of active duty.

To provide compensation to members of the reserve components who suffer discrepancies between their military and nonmilitary compensation as a result of being ordered to serve on active duty for a period of more than 30 days, and for other purposes.

SECTION 1. TAX TREATMENT OF ALASKA NATIVE SETTLEMENT TRUSTS. (a) Tax Exemption.--Section 501(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(28) A trust which-- ``(A) constitutes a Settlement Trust under section 39 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629e), and ``(B) with respect to which an election under subsection (p)(2) is in effect.'' (b) Special Rules Relating to Taxation of Settlement Trust.-- Section 501 of such Code is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Special Rules for Alaska Settlement Trusts.-- ``(1) In general.--For purposes of this title, the following rules shall apply in the case of a Settlement Trust: ``(A) Conveyance to trust.--No amount shall be includible in the gross income of a beneficiary of the Settlement Trust by reason of a contribution to the Settlement Trust (without regard to whether an election is in effect under paragraph (2)). ``(B) Electing trust.--If an election is in effect under paragraph (2) for any taxable year, then except as provided in this subsection, the provisions of subchapter J and section 1(e) shall not apply to the Settlement Trust and its beneficiaries. ``(C) Nonelecting trust.--If an election is not in effect under paragraph (2) for any taxable year, the provisions of subchapter J and section 1(e) shall apply to the Settlement Trust and its beneficiaries. ``(2) Election.-- ``(A) In general.--A Settlement Trust may elect to have the provisions of this subsection and subsection (c)(28) apply to the trust and its beneficiaries. ``(B) Time and method of election.--An election under subparagraph (A) shall be made-- ``(i) before the due date (including extensions) for filing the Settlement Trust's return of tax for the 1st taxable year to which such election is to apply, and ``(ii) by attaching to such return of tax a statement specifically providing for such election. ``(C) Period election in effect.--Except as provided in subparagraph (D), an election under subparagraph (A), once made, shall be irrevocable. ``(D) Election revoked for failure to meet transfer restriction.-- ``(i) In general.--An election under subparagraph (A) is revoked if, at any time after the 1st day of the 1st taxable year to which such election applies, the trust permits any disposition of a beneficial interest in the trust which would not be permitted under section 7(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(h)) if such beneficial interest were Settlement Common Stock. ``(ii) Time election revoked.--The revocation under clause (i) shall take effect on the 1st day of the taxable year in which the failure occurs. ``(iii) No further election.--If an election is revoked under clause (i), the Settlement Trust (or any successor) may not make any election under this paragraph for the taxable year of revocation or any subsequent taxable year. ``(3) Distribution requirement on electing settlement trust.-- ``(A) In general.--If an election is in effect under paragraph (2) for any taxable year, a Settlement Trust shall distribute at least 55 percent of its adjusted taxable income for such taxable year. ``(B) Tax imposed if insufficient distribution.--If a Settlement Trust fails to meet the distribution requirement of subparagraph (A) for any taxable year, then, notwithstanding subsection (c)(28), a tax shall be imposed on the trust under section 1(e) on an amount of taxable income equal to the amount of such failure. ``(C) Designation of distribution.--Solely for purposes of meeting the requirements of this paragraph, a Settlement Trust may elect to treat any distribution (or portion) during the 12-month period following the close of any taxable year as made on the last day of such taxable year. Any such distribution (or portion) may not be taken into account under this paragraph for any other taxable year. ``(D) Adjusted taxable income.--For purposes of this paragraph, the term `adjusted taxable income' means taxable income determined under section 641(b) without regard to any deduction under section 651 or 661. ``(4) Tax treatment of distributions to beneficiaries.-- ``(A) Electing trust.--If an election is in effect under paragraph (2) for any taxable year, any distribution to a beneficiary shall be included in gross income of the beneficiary as ordinary income. ``(B) Other trusts.--Any distribution to a beneficiary from a Settlement Trust not described in subparagraph (A) shall-- ``(i) be included in gross income of the beneficiary as ordinary income to the extent allocable to the earnings and profits account under subparagraph (C), and ``(ii) be includible in income as provided under subchapter J to the extent not so allocable. ``(C) Earnings and profits account.-- ``(i) In general.--Each Settlement Trust shall establish an earnings and profits account for purposes of accounting for earnings and profits transferred from an Alaska Native Corporation by reason of a contribution to the trust. ``(ii) Increases.--The account shall be increased each time a contribution is made by an Alaska Native Corporation to the Settlement Trust. Such increase shall be equal to the lesser of-- ``(I) the amount of the contribution, or ``(II) the earnings and profits of the Alaska Native Corporation, determined as of the close of the taxable year in which the contribution was made and without regard to the contribution. For purposes of this clause, all contributions during a taxable year shall be treated as 1 contribution. ``(iii) Decreases.--The account shall be decreased by any distribution by the Settlement Fund to its beneficiaries. ``(iv) Taxation.--For purposes of subparagraph (B), until such time as the balance in the account is zero, all distributions to beneficiaries during a taxable year shall be treated as allocable to the account for purposes of subparagraph (B)(i). Thereafter, all such distributions shall be taxable as provided in subparagraph (B)(ii) until such time as there is an increase in the balance of the account. ``(D) Reduction in earnings and profits.--The earnings and profits of an Alaska Native Corporation shall be reduced by the amount of the earnings and profits transferred to the account under subparagraph (C). ``(5) Voluntary withholding.-- ``(A) In general.--Notwithstanding any other provision of law, a beneficiary of a Settlement Trust (whether or not an election under paragraph (2) is in effect) may elect to have Federal income tax withheld on distributions from the Settlement Trust to the beneficiary. ``(B) Election.--An election under subparagraph (A) shall-- ``(i) be made to the Settlement Trust in writing, and ``(ii) specify the percentage (not greater than 15 percent) of the distributions to be withheld. Such election may be revoked or modified with respect to distributions made after the revocation or modification. ``(6) Settlement trust.--For purposes of this section, the term `Settlement Trust' means a trust which constitutes a Settlement Trust under section 39 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629e).'' (c) Reporting.--Section 6041 of such Code is amended by adding at the end the following new subsection: ``(f) Application to Alaska Settlement Trusts.--In the case of any distribution from a Settlement Trust (as defined in section 501(p)(6)) to a beneficiary, this section shall apply, except that-- ``(1) this section shall apply to such distribution without regard to the amount thereof, ``(2) the Settlement Trust shall include on any return or statement required by this section information as to the character of such distribution (if applicable) and the amount of tax imposed by chapter 1 deducted and withheld from such distribution, and ``(3) the filing of any return or statement required by this section shall satisfy any requirement to file any other form or schedule under this title with respect to distributive share information (including any form or schedule included with the trust's tax return).'' (d) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years of Settlement Trusts beginning after December 31, 1996, and to contributions to such trusts after such date. (2) Requirement for election.--An election under section 501(p)(2) of the Internal Revenue Code of 1986 for a taxable year beginning in 1997 shall not be treated as failing to meet the requirements of section 501(p)(2)(B) of such Code if such election is filed with the return of tax for the first taxable year after such taxable year.

Amends the Internal Revenue Code to provide tax exempt status for a trust which is an electing Settlement Trust under the Alaska Native Claims Settlement Act.

To amend the Internal Revenue Code of 1986 to clarify the tax treatment of Settlement Trusts established pursuant to the Alaska Native Claims Settlement Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Opportunity-to-Learn Standards Implementation Act''. SEC. 2. GOALS 2000: EDUCATE AMERICA ACT. (a) References.--Except as otherwise expressly provided, whenever in this section an amendment or repeal is expressed in terms of an amendment to, or repeal of, a title, chapter, part, subpart, section, subsection, or other provision, the reference shall be considered to be made to a title, chapter, part, subpart, section, subsection, or other provision of the Goals 2000: Educate America Act (20 U.S.C. 5801 et seq.). (b) Opportunity-To-Learn Development Grant.--The Act is amended-- (1) by redesignating parts B and C as parts C and D, respectively; and (2) by inserting after part A the following: ``PART B--OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT ``SEC. 211. OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT. ``(a) Opportunity-To-Learn Development Grants.-- ``(1) In general.--The Secretary is authorized to award more than one grant, on a competitive basis, to consortia of individuals and organizations to develop voluntary national opportunity-to-learn standards, and to develop a listing of model programs for use, on a voluntary basis, by States, which standards and listing may be used to-- ``(A) provide all students with an opportunity to learn; ``(B) assess the capacity and performance of individual schools; and ``(C) develop appropriate actions to be taken in the event that the schools fail to achieve such standards. ``(2) Composition of consortia.--To the extent possible, each consortium shall include the participation of-- ``(A) State-level policymakers, such as Governors, State legislators, chief State school officers, and State school board members; ``(B) local policymakers and administrators, such as local school board members, superintendents, and principals; ``(C) teachers (especially teachers involved in the development of content standards) and related services personnel; ``(D) parents and individuals with experience in promoting parental involvement in education; ``(E) representatives of business; ``(F) experts in vocational-technical education; ``(G) representatives of regional accrediting associations; ``(H) individuals with expertise in school finance and equity, the education of at-risk students, and the preparation and training of teachers and school administrators; ``(I) curriculum and school reform experts; ``(J) representatives of advocacy groups, including student and civil rights advocacy groups; ``(K) representatives of higher education; and ``(L) secondary school students. ``(3) Duties of consortia.--In developing voluntary national opportunity-to-learn standards, each consortium shall-- ``(A) draw upon current research about student achievement and the necessary conditions for effective teaching and learning; and ``(B) provide for the development of more than one draft of standards which incorporate the comments and recommendations of educators and other knowledgeable individuals across the Nation. ``(4) Expertise or background.--One-third of the members of each consortium shall consist of individuals with expertise or background in the educational needs and assessment of children who are from low-income families, are from minority backgrounds, have limited-English proficiency, or have disabilities. ``(5) Geographic representation.--The membership of each consortium shall be geographically representative and reflect the racial, ethnic, and gender diversity of the United States. ``(b) Applications.--Each consortium that desires to receive a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. ``(c) Report.--After the development of the voluntary national opportunity-to-learn standards, each consortium receiving assistance under this section shall submit a report to the Secretary which discusses the background, important issues, and rationale regarding such standards. ``(d) Authorization of Appropriations.--There are authorized to be appropriated $2,000,000 for fiscal year 1998 and such sums as may be necessary for each of the fiscal years 1999 through 2002, to carry out this section.''. (c) Definitions.--Section 3(a) of the Act is amended-- (1) by redesignating paragraphs (7) through (13) as paragraphs (8) through (14), respectively; (2) by inserting after paragraph (6) the following: ``(7) the term `opportunity-to-learn standards' means the criteria for, and the basis of, assessing the sufficiency or quality of the resources, practices, and conditions necessary at each level of the education system (schools, local educational agencies, and States) to provide all students with an opportunity to learn the material in voluntary national content standards or State content standards.''. (d) National Education Goals Panel.--Section 202(j) of the Act is amended by striking ``or student performances'' and inserting ``, student performance, or opportunity-to-learn''. (e) Duties of the Goals Panel.--Section 203 of the Act is amended by striking paragraph (2) and inserting the following: ``(2) report on State opportunity-to-learn standards and strategies and the progress of States that are implementing such standards and strategies to help all students meet State content standards and State student performance standards.''. (f) Powers of the Goals Panel.--Section 204(a)(2) of the Act is amended by inserting ``voluntary national opportunity-to-learn standards,'' before ``and State assessments.''. (g) State Improvement Plans.--Section 306 of the Act is amended-- (1) by inserting after subsection (c) the following: ``(d) Opportunity-To-Learn Standards and Strategies.-- ``(1) In general.--Each State improvement plan shall establish standards or strategies for providing all students with an opportunity to learn. Such standards or strategies shall include such factors as the State deems appropriate to ensure that all students receive a fair opportunity to achieve the knowledge and skills as described in State content standards and State student performance standards adopted by the State. ``(2) Implementation.--Notwithstanding any other provision of this Act, the implementation of opportunity-to-learn standards or strategies shall be voluntary on the part of the States, local educational agencies, and schools. ``(3) Construction.--Nothing in this section shall be construed to-- ``(A) mandate equalized spending per pupil for a State, local educational agency, or school; or ``(B) mandate national school building standards for a State, local educational agency, or school.''; and (2) in subsection (e), by inserting ``State opportunity-to- learn standards or strategies,'' before ``and State assessments.''. (h) State Uses of Funds.--Section 308(b)(2)(A) of the Act is amended by inserting ``State opportunity-to-learn standards,'' before ``and State assessments''. (i) Assistance to Outlying Areas and Secretary of Interior.-- Section 315(b) of the Act is amended-- (1) in paragraph (1)(C) by inserting ``, including the requirements for timetables for opportunity-to-learn standards,'' after ``improvement plans''; (2) by amending paragraph (2) to read as follows: ``(2) Plan specifics.--The reform and improvement plan shall include, in addition to the requirements described above, specific provisions for-- ``(A) opportunity-to-learn standards pertaining to residential programs and transportation costs associated with programs located on or near reservations or serving students in off-reservation residential boarding schools; ``(B) review and incorporation of the National Education Goals and the voluntary national content standards, voluntary national student performance standards, and voluntary national opportunity-to-learn standards, provided that such review shall include the issues of cultural and language differences; and''. (3) in subsection (c)(1)(A) by inserting ``and to provide a framework for the implementation of opportunity-to-learn standards or strategies'' before the period. (j) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Education shall promulgate regulations or guidelines regarding the implementation of opportunity- to-learn standards. SEC. 3. ELEMENTARY AND SECONDARY EDUCATION. The amendments made to the Elementary and Secondary Education Act of 1965 paragraphs (1) through (4) of section 702(b) of Public Law 104- 134, shall be restored or revised as if such provision in Public Law 104-134 had not been enacted.

Opportunity-to-Learn Standards Implementation Act - Amends the Goals 2000: Educate America Act and the Elementary and Secondary Education Act of 1965 to restore provisions relating to opportunity-to-learn standards, including authority for the Secretary of Labor to make opportunity-to-learn development grants. Authorizes appropriations.

Opportunity-to-Learn Standards Implementation Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicaid Services Restoration Act of 2008''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--REHABILITATIVE SERVICES PROTECTIONS Sec. 101. Inclusion of therapeutic foster care as medical assistance. Sec. 102. Reasonable and efficient payment methodologies for rehabilitative services. Sec. 103. Inclusion of attainment and retention of functional status in rehabilitative services. Sec. 104. Clarification of coverage of EPSDT services for children receiving inpatient psychiatric hospital services. Sec. 105. Third party liability clarification relating to diagnostic, screening, preventive, and rehabilitative services. Sec. 106. Effective date. TITLE II--CASE MANAGEMENT AND TARGETED CASE MANAGEMENT PROTECTIONS Sec. 201. Third party liability clarification relating to case management and targeted case management. Sec. 202. Reasonable and efficient payment methodologies for case management services. Sec. 203. Protecting health and safety. Sec. 204. Codification of Olmstead standard; protecting children. Sec. 205. Assuring appropriate case management. Sec. 206. Effective date. TITLE I--REHABILITATIVE SERVICES PROTECTIONS SEC. 101. INCLUSION OF THERAPEUTIC FOSTER CARE AS MEDICAL ASSISTANCE. Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (a)-- (A) in paragraph (27), by striking ``and'' at the end; (B) by redesignating paragraph (28) as paragraph (29); and (C) by inserting after paragraph (27) the following new paragraph: ``(28) therapeutic foster care services described in subsection (y); and''; and (2) by adding at the end the following new subsection: ``(y)(1) For purposes of subsection (a)(28), therapeutic foster care services described in this subsection are services provided for children who have not attained age 21, and, as a result of mental illness, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities need the level of care normally provided in an institution (including a psychiatric residential treatment facility) or nursing facility but who can be cared for in a community placement, through therapeutic foster care programs that-- ``(A) are licensed by the State and accredited by the Joint Commission on Accreditation of Healthcare Organizations, the Commission on Accreditation of Rehabilitation Facilities, or the Council on Accreditation; ``(B) provide structured daily activities, including the development, improvement, monitoring, and reinforcing of age- appropriate social, communication and behavioral skills, crisis intervention and crisis support services, medication monitoring, counseling, and case management, and may furnish other intensive community services; and ``(C) provide foster care parents with specialized training and consultation in the management of children with mental illness, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, and specific additional training on the needs of each child provided such services. ``(2) In the case of a child in State custody or for whom the State makes foster care maintenance payments under part E of title IV such services shall not include room and board.''. SEC. 102. REASONABLE AND EFFICIENT PAYMENT METHODOLOGIES FOR REHABILITATIVE SERVICES. Section 1905(a)(13) of the Social Security Act (42 U.S.C. 1396d(a)(13)), as amended by section 103, is amended by inserting ``(and which reimbursement for, in the case of rehabilitative services, may be made through the establishment of reasonable and efficient payment methodologies, including fee-for-service payments, case rates, daily rates, or other forms of capitated payment'' after ``status''. SEC. 103. INCLUSION OF ATTAINMENT AND RETENTION OF FUNCTIONAL STATUS IN REHABILITATIVE SERVICES. Section 1905(a)(13) of the Social Security Act (42 U.S.C. 1396d(a)(13)) is amended by striking ``and restoration of an individual to the best possible functional level'' and inserting ``, restoration of an individual to the best possible functional level, or attainment or retention of the individual's best possible functional status''. SEC. 104. CLARIFICATION OF COVERAGE OF EPSDT SERVICES FOR CHILDREN RECEIVING INPATIENT PSYCHIATRIC HOSPITAL SERVICES. Section 1905(h)(1) of the Social Security Act (42 U.S.C. 1396d(h)(1)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by adding ``and'' after the semicolon; and (3) by inserting after subparagraph (C), the following new subparagraph: ``(D) services described in subsection (r) which are provided on an inpatient or outpatient basis to an individual receiving inpatient services described in subparagraph (A), (B), or (C).''. SEC. 105. THIRD PARTY LIABILITY CLARIFICATION RELATING TO DIAGNOSTIC, SCREENING, PREVENTIVE, AND REHABILITATIVE SERVICES. Section 1903(c) of the Social Security Act (42 U.S.C. 1396b(c)) is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end the following new paragraph: ``(2) Nothing in this title shall be construed as prohibiting or restricting, or authorizing the Secretary to prohibit or restrict, payment under subsection (a) for medical assistance for services provided under section 1905(a)(13) to eligible individuals furnished by qualified providers under non-medical programs, provided, however, a State or local agency administering such plan shall comply with section 1902(a)(25).''. SEC. 106. EFFECTIVE DATE. The amendments made by this title shall take effect as if enacted on July 1, 2008. TITLE II--CASE MANAGEMENT AND TARGETED CASE MANAGEMENT PROTECTIONS SEC. 201. THIRD PARTY LIABILITY CLARIFICATION RELATING TO CASE MANAGEMENT AND TARGETED CASE MANAGEMENT. Section 1903(c) of the Social Security Act (42 U.S.C. 1396b(c)), as amended by section 105, is amended by adding at the end the following new paragraph: ``(3) Nothing in this title shall be construed as prohibiting or restricting, or authorizing the Secretary to prohibit or restrict payment under subsection (a) for medical assistance for services provided under section 1915 (g) to eligible individuals furnished by qualified providers under non-medical programs, provided, however, a State or local agency administering such plan shall comply with section 1902(a)(25).''. SEC. 202. REASONABLE AND EFFICIENT PAYMENT METHODOLOGIES FOR CASE MANAGEMENT SERVICES. Section 1915(g)(4) of the Social Security Act (42 U.S.C. 1396n(g)(4)) is amended by adding at the end the following new subparagraph: ``(C) Reimbursement for case management and targeted case management services may be made through the establishment of reasonable and efficient payment methodologies including fee-for-service payments, case rates, daily rates, or other forms of capitated payment.''. SEC. 203. PROTECTING HEALTH AND SAFETY. Section 1915(c)(4) of the Social Security Act (42 U.S.C. 1396n(c)(4)) is amended by adding after the second sentence the following new sentence: ``For the purpose of developing and monitoring the implementation of the written plan of care required under paragraph (1), and to assure the health and welfare of individuals, the State may require case management services for each beneficiary and may limit the case managers available with respect to case management services for eligible individuals in order to ensure that the case managers for such individuals are capable of ensuring that such individuals receive needed services.''. SEC. 204. CODIFICATION OF OLMSTEAD STANDARD; PROTECTING CHILDREN. Section 1915(g)(2)(A) of the Social Security Act (42 U.S.C. 1396n(g)(2)(A)) is amended-- (1) in clause (i), by striking ``services which will'' and all that follows through the period and inserting ``services furnished to assist individuals, eligible under the State plan who reside in a community setting or are transitioning to a community setting, in gaining access to needed medical, social, educational, and other services. Such services may be offered by staff of non-medical programs or those who contract with non-medical programs, so long as such individuals are qualified providers under the State plan under this title and the case management services are distinct from the direct services of the non-medical program.''; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) (as amended by paragraph (1)), the following new clause: ``(ii) For purposes of providing case management services, individuals (other than individuals who have attained age 22 but not attained age 65 and are patients in an institution for mental diseases or individuals who are inmates of public institutions) may be considered to be transitioning to a community setting for up to the last 180 days of an institutional stay.''. SEC. 205. ASSURING APPROPRIATE CASE MANAGEMENT. Section 1915(g)(4) of the Social Security Act (42 U.S.C. 1396n(g)(4)), as amended by section 202, is amended by adding at the end the following: ``(D) Nothing in this subsection shall be construed as prohibiting a State from providing case management or targeted case management services, as defined in subparagraphs (A) and (B), respectively, of paragraph (2), through multiple case managers to any individual who qualifies for medical assistance under the State plan, or to specific classes of individuals, or to individuals who reside in specified areas, selected by the State pursuant to this subsection.''. SEC. 206. EFFECTIVE DATE. The amendments made by this title shall take effect as if enacted on December 4, 2007.

Medicaid Services Restoration Act of 2008 - Amends title XIX (Medicaid) of the Social Security Act to extend medical assistance coverage to therapeutic foster care services. Allows reasonable and efficient payment methodologies, including fee-for-service payments, case rates, daily rates, or other forms of capitated payment, as means of reimbursement for rehabilitative services. Includes medical or remedial services for attainment and retention of functional status among rehabilitative services. Includes among inpatient psychiatric hospital services for children early and periodic screening, diagnostic, and treatment services. Allows payment for medical assistance for diagnostic, screening, preventive, and rehabilitative services or optional targeted case management services furnished by qualified providers under non-medical programs, provided a state or local agency administering such plan complies with certain requirements. Allows reasonable and efficient payment methodologies for reimbursement for case management and targeted case management services. Authorizes the state to: (1) require case management services for each beneficiary; and (2) limit the case managers available in order to ensure that the case managers for eligible individuals are capable of ensuring that such individuals receive needed services. Allows staff of non-medical programs, or contractors with non-medical programs, to offer such services, so long as: (1) such individuals are state-qualified providers; and (2) the case management services are distinct from the non-medical program's direct services. Redefines case management services to mean those furnished to assist eligible individuals, who reside in a community setting or are transitioning to a community setting, in gaining access to needed medical, social, educational, and other services. Allows a state to provide case management or targeted case management services through multiple case managers to: (1) any qualified individual; (2) specific classes of individuals; or (3) individuals who reside in specified areas selected by the state.

A bill to amend title XIX of the Social Security Act to improve the provision of rehabilitation services and case management and targeted case management services under the Medicaid program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient and Physician Safety and Protection Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) The Federal Government, through the medicare program, pays approximately $8,000,000,000 per year solely to train resident-physicians in the United States, and as a result, has an interest in assuring the safety of patients treated by resident-physicians and the safety of resident-physicians themselves. (2) Resident-physicians spend as much as 30 to 40 percent of their time performing activities not related to the educational mission of training competent physicians. (3) The excessive numbers of hours worked by resident- physicians is inherently dangerous for patient care and for the lives of resident-physicians. (4) The scientific literature has consistently demonstrated that the sleep deprivation of the magnitude seen in residency training programs leads to cognitive impairment. (5) A substantial body of research indicates that excessive hours worked by resident-physicians lead to higher rates of medical error, motor vehicle accidents, depression, and pregnancy complications. (6) The medical community has not adequately addressed the issue of excessive resident-physician work hours. (7) The Federal Government has regulated the work hours of other industries when the safety of employees or the public is at risk. (8) The Institute of Medicine has found that as many as 98,000 deaths occur annually due to medical errors and has suggested that 1 necessary approach to reducing errors in hospitals is reducing the fatigue of resident-physicians. SEC. 3. REVISION OF MEDICARE HOSPITAL CONDITIONS OF PARTICIPATION REGARDING WORKING HOURS OF MEDICAL RESIDENTS, INTERNS, AND FELLOWS. (a) In General.--Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end of subparagraph (R); (B) by striking the period at the end of subparagraph (S) and inserting ``, and''; and (C) by inserting after subparagraph (S) the following new subparagraph: ``(T) in the case of a hospital that uses the services of postgraduate trainees (as defined in subsection (j)(4)), to meet the requirements of subsection (j).''; and (2) by adding at the end the following new subsection: ``(j)(1)(A) In order that the working conditions and working hours of postgraduate trainees promote the provision of quality medical care in hospitals, as a condition of participation under this title, each hospital shall establish the following limits on working hours for postgraduate trainees: ``(i) Subject to subparagraphs (B) and (C), postgraduate trainees may work no more than a total of 24 hours per shift. ``(ii) Subject to subparagraph (C), postgraduate trainees may work no more than a total of 80 hours per week. ``(iii) Subject to subparagraph (C), postgraduate trainees-- ``(I) shall have at least 10 hours between scheduled shifts; ``(II) shall have at least 1 full day out of every 7 days off and 1 full weekend off per month; ``(III) subject to subparagraph (B), who are assigned to patient care responsibilities in an emergency department shall work no more than 12 continuous hours in that department; ``(IV) shall not be scheduled to be on call in the hospital more often than every third night; and ``(V) shall not engage in work outside of the educational program that interferes with the ability of the postgraduate trainee to achieve the goals and objectives of the program or that, in combination with the program working hours, exceeds 80 hours per week. ``(B)(i) Subject to clause (ii), the Secretary shall promulgate such regulations as may be necessary to ensure quality of care is maintained during the transfer of direct patient care from 1 postgraduate trainee to another at the end of each shift. ``(ii) Such regulations shall ensure that, except in the case of individual patient emergencies, the period in which a postgraduate trainee is providing for the transfer of direct patient care (as referred to in clause (i)) does not extend such trainee's shift by more than 3 hours beyond the 24-hour period referred to in subparagraph (A)(i) or the 12-hour period referred to in subparagraph (A)(iii)(III), as the case may be. ``(C) The work hour limitations under subparagraph (A) and requirements of subparagraph (B) shall not apply to a hospital during a state of emergency declared by the Secretary that applies with respect to that hospital. ``(2) The Secretary shall promulgate such regulations as may be necessary to monitor and supervise postgraduate trainees assigned patient care responsibilities as part of an approved medical training program, as well as to assure quality patient care. ``(3) Each hospital shall inform postgraduate trainees of-- ``(A) their rights under this subsection, including methods to enforce such rights (including so-called whistle-blower protections); and ``(B) the effects of their acute and chronic sleep deprivation both on themselves and on their patients. ``(4) For purposes of this subsection, the term `postgraduate trainee' means a postgraduate medical resident, intern, or fellow.''. (b) Designation.-- (1) In general.--The Secretary of Health and Human Services (in this subsection referred to as the ``Secretary'') shall designate an individual within the Department of Health and Human Services to handle all complaints of violations that arise from a postgraduate trainee (as defined in paragraph (4) of section 1886(j) of the Social Security Act, as added by subsection (a)) who reports that the hospital operating the medical residency training program for which the trainee is enrolled is in violation of the requirements of such section. (2) Grievance rights.--A postgraduate trainee may file a complaint with the Secretary concerning a violation of the requirements under such section 1886(j). Such a complaint may be filed anonymously. The Secretary may conduct an investigation and take such corrective action with respect to such a violation. (3) Enforcement.-- (A) Civil money penalty enforcement.--Subject to subparagraph (B), any hospital that violates the requirements under such section 1886(j) is subject to a civil money penalty not to exceed $100,000 for each medical residency training program operated by the hospital in any 6-month period. The provisions of section 1128A of the Social Security Act (other than subsections (a) and (b)) shall apply to civil money penalties under this paragraph in the same manner as they apply to a penalty or proceeding under section 1128A(a) of such Act. (B) Corrective action plan.--The Secretary shall establish procedures for providing a hospital that is subject to a civil monetary penalty under subparagraph (A) with an opportunity to avoid such penalty by submitting an appropriate corrective action plan to the Secretary. (4) Disclosure of violations and annual reports.--The individual designated under paragraph (1) shall-- (A) provide for annual anonymous surveys of postgraduate trainees to determine compliance with the requirements under such section 1886(j) and for the disclosure of the results of such surveys to the public on a medical residency training program specific basis; (B) based on such surveys, conduct appropriate on- site investigations; (C) provide for disclosure to the public of violations of and compliance with, on a hospital and medical residency training program specific basis, such requirements; and (D) make an annual report to Congress on the compliance of hospitals with such requirements, including providing a list of hospitals found to be in violation of such requirements. (c) Whistleblower Protections.-- (1) In general.--A hospital covered by the requirements of section 1866(j) of the Social Security Act, as added by subsection (a), shall not penalize, discriminate, or retaliate in any manner against an employee with respect to compensation, terms, conditions, or privileges of employment, who in good faith (as defined in paragraph (2)), individually or in conjunction with another person or persons-- (A) reports a violation or suspected violation of such requirements to a public regulatory agency, a private accreditation body, or management personnel of the hospital; (B) initiates, cooperates, or otherwise participates in an investigation or proceeding brought by a regulatory agency or private accreditation body concerning matters covered by such requirements; (C) informs or discusses with other employees, with a representative of the employees, with patients or patient representatives, or with the public, violations or suspected violations of such requirements; or (D) otherwise avails himself or herself of the rights set forth in such section or this subsection. (2) Good faith defined.--For purposes of this subsection, an employee is deemed to act ``in good faith'' if the employee reasonably believes-- (A) that the information reported or disclosed is true; and (B) that a violation has occurred or may occur. (d) Effective Date.--The amendments made by subsection (a) shall take effect on the first July 1 that begins at least 1 year after the date of enactment of this Act. SEC. 4. ADDITIONAL FUNDING FOR HOSPITAL COSTS. There are hereby appropriated to the Secretary of Health and Human Services such amounts as may be required to provide for additional payments to hospitals for their reasonable additional, incremental costs incurred in order to comply with the requirements imposed by this Act (and the amendments made by this Act).

Patient and Physician Safety and Protection Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to require a participating hospital that uses the services of postgraduate trainees to limit their working hours to specified schedules.Directs the Secretary of Health and Human Services to promulgate regulations to monitor and supervise postgraduate trainees assigned patient care responsibilities as part of an approved medical training program, as well as to assure patient quality care.Prescribes whistleblower protections for employees who in good faith report violations of working hour limits.Makes appropriations to the Secretary to provide for additional payments to hospitals for their reasonable additional, incremental costs of compliance with this Act.

A bill to amend title XVIII of the Social Security Act to reduce the work hours and increase the supervision of resident-physicians to ensure the safety of patients and resident-physicians themselves.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disability Community Act of 2016''. SEC. 2. HIGHER FMAP FOR CERTAIN MEDICAID EXPENDITURES ASSOCIATED WITH CERTAIN REGULATION COMPLIANCE. (a) In General.--Section 1903(a)(5) of the Social Security Act (42 U.S.C. 1396b(a)(5)) is amended-- (1) by striking ``an amount equal to'' and inserting ``(A) an amount equal to''; (2) by striking ``supplies;'' and inserting ``supplies; and''; and (3) by adding at the end the following: ``(B) an amount equal to 90 percent of the sum of the amounts expended during a quarter in 2017, 2018, or 2019, for items and services furnished in an intermediate care facility for the mentally retarded or for home and community-based services furnished to individuals with intellectual and developmental disabilities, as the Secretary determines are attributable to compliance with any of the regulations specified in-- ``(i) part 591 of title 29, Code of Federal Regulations; ``(ii) part 552 of title 29, Code of Federal Regulations; or ``(iii) part 430, 431, 435, 436, 440, 441, or 447 of title 42, Code of Federal Regulations;''. (b) Conforming Terminology for Intermediate Care Facilities.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended-- (1) by striking ``intermediate care facility for the mentally retarded'' each time such term appears (including in headings) and inserting ``intermediate care facility for individuals with intellectual and developmental disabilities''; (2) by striking ``intermediate care facilities for the mentally retarded'' each time such term appears (including in headings) and inserting ``intermediate care facilities for individuals with intellectual and developmental disabilities''; (3) by striking ``State mental retardation or developmental disability authority'' each time such term appears and inserting ``State intellectual or developmental disability authority''; (4) in section 1905(d)-- (A) in the matter before paragraph (1), by striking ``thereof) for the mentally retarded or persons'' and inserting ``thereof) for individuals with intellectual or developmental disabilities or''; (B) in paragraph (1), by striking ``mentally retarded individuals'' and inserting ``individuals with intellectual or developmental disabilities''; and (C) in paragraph (2), by striking ``the mentally retarded individual'' and inserting ``the individual with an intellectual or developmental disability''; (5) in section 1915(c)(7)(C), by striking ``mental retardation'' and inserting ``intellectual or developmental disabilities''; (6) in section 1919(b)-- (A) in paragraph (3)-- (i) in subparagraph (E), by striking ``mentally retarded'' and inserting ``has intellectual or developmental disabilities''; and (ii) in subparagraph (F)-- (I) in the heading, by striking ``and mentally retarded individuals'' and inserting ``individuals and individuals with intellectual or developmental disabilities''; and (II) in clause (ii)-- (aa) by striking ``is mentally retarded'' and inserting ``has an intellectual or developmental disability''; and (bb) by striking ``for mental retardation'' and inserting ``for intellectual or developmental disabilities''; (B) in paragraph (4)-- (i) in subparagraph (A)(vii), by striking ``mentally ill and mentally retarded residents'' and inserting ``residents who are mentally ill or who have intellectual or developmental disabilities''; and (ii) in subparagraph (C)(ii)(IV), by striking ``the mentally retarded'' and inserting ``individuals with intellectual or developmental disabilities''; and (7) in section 1919(e)-- (A) in paragraph (7)-- (i) in subparagraph (A)(i), by striking ``mentally ill and mentally retarded individuals'' and inserting ``individuals who are mentally ill or who have intellectual or developmental disabilities''; (ii) in subparagraph (B)-- (I) by striking ``mental retardation'' each place such term appears and inserting ``intellectual or developmental disability''; (II) in clause (ii)-- (aa) in the heading, by striking ``mentally retarded residents'' and inserting ``residents with intellectual or developmental disabilities''; and (bb) in the matter preceding subclause (I), by striking ``is mentally retarded'' and inserting ``has an intellectual or developmental disability''; and (III) in clause (iii), by striking ``mentally ill or mentally retarded resident'' and inserting ``resident who is mentally ill or who has an intellectual or developmental disability''; (iii) in subparagraph (C), by striking ``mental retardation'' each place such term appears and inserting ``intellectual or developmental disability''; (iv) in subparagraph (E)-- (I) by striking ``are mentally retarded or'' and inserting ``have intellectual or developmental disabilities or are''; and (II) by striking ``mental retardation'' and inserting ``intellectual or developmental disability''; and (v) in subparagraph (G)(ii)-- (I) by striking ``be `mentally retarded''' and inserting ``have `an intellectual or developmental disability'''; and (II) by striking ``is mentally retarded or a person with'' and inserting ``has an intellectual or developmental disability or''. SEC. 3. ELECTRONIC VISIT VERIFICATION SYSTEM REQUIRED FOR PERSONAL CARE SERVICES AND HOME HEALTH CARE SERVICES UNDER MEDICAID. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by inserting after subsection (k) the following new subsection: ``(l)(1) Subject to paragraphs (3) and (4), with respect to any amount expended for personal care services or home health care services requiring an in-home visit by a provider that are provided under a State plan under this title (or under a waiver of the plan) and furnished in a calendar quarter beginning on or after January 1, 2019 (or, in the case of home health care services, on or after January 1, 2023), unless a State requires the use of an electronic visit verification system for such services furnished in such quarter under the plan or such waiver, the Federal medical assistance percentage shall be reduced-- ``(A) in the case of personal care services-- ``(i) for calendar quarters in 2019 and 2020, by .25 percentage points; ``(ii) for calendar quarters in 2021, by .5 percentage points; ``(iii) for calendar quarters in 2022, by .75 percentage points; and ``(iv) for calendar quarters in 2023 and each year thereafter, by 1 percentage point; and ``(B) in the case of home health care services-- ``(i) for calendar quarters in 2023 and 2024, by .25 percentage points; ``(ii) for calendar quarters in 2025, by .5 percentage points; ``(iii) for calendar quarters in 2026, by .75 percentage points; and ``(iv) for calendar quarters in 2027 and each year thereafter, by 1 percentage point. ``(2) Subject to paragraphs (3) and (4), in implementing the requirement for the use of an electronic visit verification system under paragraph (1), a State shall-- ``(A) consult with agencies and entities that provide personal care services, home health care services, or both under the State plan (or under a waiver of the plan) to ensure that such system-- ``(i) is minimally burdensome; ``(ii) takes into account existing best practices and electronic visit verification systems in use in the State; and ``(iii) is conducted in accordance with the requirements of HIPAA privacy and security law (as defined in section 3009 of the Public Health Service Act); ``(B) take into account a stakeholder process that includes input from beneficiaries, family caregivers, personal care or home health care services workers, and other stakeholders, as determined by the State in accordance with guidance from the Secretary; and ``(C) ensure that individuals who furnish personal care services, home health care services, or both under the State plan (or under a waiver of the plan) are provided the opportunity for training on the use of such system. ``(3) Paragraphs (1) and (2) shall not apply in the case of a State that, as of the date of the enactment of this subsection, requires the use of any system for the electronic verification of visits conducted as part of both personal care services and home health care services. ``(4)(A) In the case of a State described in subparagraph (B), the reduction under paragraph (1) shall not apply-- ``(i) in the case of personal care services, for calendar quarters in 2019; and ``(ii) in the case of home health care services, for calendar quarters in 2023. ``(B) For purposes of subparagraph (A), a State described in this subparagraph is a State that demonstrates to the Secretary that the State-- ``(i) has made a good faith effort to comply with the requirements of paragraphs (1) and (2) (including by taking steps to adopt the technology used for an electronic visit verification system); or ``(ii) in implementing such a system, has encountered unavoidable system delays. ``(5) In this subsection: ``(A) The term `electronic visit verification system' means, with respect to personal care services or home health care services, a system under which visits conducted as part of such services are electronically verified with respect to-- ``(i) the type of service performed; ``(ii) the individual receiving the service; ``(iii) the date of the service; ``(iv) the location of service delivery; ``(v) the individual providing the service; and ``(vi) the time the service begins and ends. ``(B) The term `home health care services' means services described in section 1905(a)(7) provided under a State plan under this title (or under a waiver of the plan). ``(C) The term `personal care services' means personal care services provided under a State plan under this title (or under a waiver of the plan), including services provided under section 1905(a)(24), 1915(c), 1915(i), 1915(j), or 1915(k) or under a wavier under section 1115. ``(6)(A) In the case in which a State requires personal care service and home health care service providers to utilize an electronic visit verification system operated by the State or a contractor on behalf of the State, the Secretary shall pay to the State, for each quarter, an amount equal to 90 per centum of so much of the sums expended during such quarter as are attributable to the design, development, or installation of such system, and 75 per centum of so much of the sums for the operation and maintenance of such system. ``(B) Subparagraph (A) shall not apply in the case in which a State requires personal care service and home health care service providers to utilize an electronic visit verification system that is not operated by the State or a contractor on behalf of the State.''. (b) Collection and Dissemination of Best Practices.--Not later than January 1, 2018, the Secretary of Health and Human Services shall, with respect to electronic visit verification systems (as defined in subsection (l)(5) of section 1903 of the Social Security Act (42 U.S.C. 1396b), as inserted by subsection (a)), collect and disseminate best practices to State Medicaid Directors with respect to-- (1) training individuals who furnish personal care services, home health care services, or both under the State plan under title XIX of such Act (or under a waiver of the plan) on such systems and the operation of such systems and the prevention of fraud with respect to the provision of personal care services or home health care services (as defined in such subsection (l)(5)); and (2) the provision of notice and educational materials to family caregivers and beneficiaries with respect to the use of such electronic visit verification systems and other means to prevent such fraud. (c) Rules of Construction.-- (1) No employer-employee relationship established.--Nothing in the amendment made by this section may be construed as establishing an employer-employee relationship between the agency or entity that provides for personal care services or home health care services and the individuals who, under a contract with such an agency or entity, furnish such services for purposes of part 552 of title 29, Code of Federal Regulations (or any successor regulations). (2) No particular or uniform electronic visit verification system required.--Nothing in the amendment made by this section shall be construed to require the use of a particular or uniform electronic visit verification system (as defined in subsection (l)(5) of section 1903 of the Social Security Act, as inserted by subsection (a)) by all agencies or entities that provide personal care services or home health care under a State plan under title XIX of the Social Security Act (or under a waiver of the plan) (42 U.S.C. 1396 et seq.). (3) No limits on provision of care.--Nothing in the amendment made by this section may be construed to limit, with respect to personal care services or home health care services provided under a State plan under title XIX of the Social Security Act (or under a waiver of the plan) (42 U.S.C. 1396 et seq.), provider selection, constrain beneficiaries' selection of a caregiver, or impede the manner in which care is delivered. (4) No prohibition on state quality measures requirements.--Nothing in the amendment made by this section shall be construed as prohibiting a State, in implementing an electronic visit verification system (as defined in subsection (l)(5) of section 1903 of the Social Security Act, as inserted by subsection (a)), from establishing requirements related to quality measures for such system.

Disability Community Act of 2016 This bill amends title XIX (Medicaid) of the Social Security Act to temporarily establish a higher federal matching rate with respect to Medicaid expenditures for certain services furnished to individuals with developmental disabilities if such expenditures are attributable to compliance with specified regulations. In the case of a state Medicaid program that does not require the use of an electronic visit verification system for personal care services and home health services, the federal matching rate for medical assistance expended on such services shall be incrementally reduced.

Disability Community Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Economic Assistance Act of 2017''. SEC. 2. TREATMENT OF INDIAN TRIBES AS STATES WITH RESPECT TO BOND ISSUANCE. (a) Repeal of Essential Governmental Function Requirement.--Section 7871 of the Internal Revenue Code of 1986 is amended by striking subsections (b) and (e). (b) Effective Date.--The amendments made by this section shall apply to transactions after, and obligations issued in calendar years beginning after, the date of the enactment of this Act. SEC. 3. MAKING PERMANENT THE INDIAN EMPLOYMENT CREDIT AND DEPRECATION RULES FOR BUSINESS PROPERTY ON INDIAN RESERVATIONS. (a) Indian Employment Credit.-- (1) In general.--Section 45A of the Internal Revenue Code of 1986 is amended by striking subsection (f). (2) Effective date.--The amendment made by this subsection shall apply to taxable years beginning after December 31, 2016. (b) Accelerated Depreciation for Business Property on an Indian Reservation.-- (1) In general.--Section 168(j) of the Internal Revenue Code of 1986 is amended by striking paragraph (9). (c) Effective Date.--The amendment made by this subsection shall apply to property placed in service after December 31, 2016. SEC. 4. PRIORITY UNDER NEW MARKETS TAX CREDIT FOR QUALIFIED LOW-INCOME COMMUNITY INVESTMENTS ON INDIAN RESERVATIONS. (a) In General.--Subsection (f) of section 45D of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``or'' at the end; (B) in subparagraph (B), by striking the period and inserting ``, or''; and (C) by adding at the end the following new subparagraph: ``(C) which intends to make qualified low-income community investments within a reservation, including any such entity established by a tribe or an economic enterprise which intends to make such investments within a reservation.''; and (2) by adding at the end the following new paragraph: ``(4) Definitions.--For purposes of subparagraph (C) of paragraph (2), the terms `reservation', `tribe', and `economic enterprise' shall have the same meanings given such terms under section 3 of the Indian Financing Act of 1974 (25 U.S.C. 1452).''. (b) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2017. SEC. 5. AUTHORIZATION TO ESTABLISH QUALIFIED INDIAN SCHOOL CONSTRUCTION BOND ESCROW ACCOUNT. (a) Authorization To Establish Qualified Indian School Construction Bond Escrow Account.-- (1) In general.--Part B of title II of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5351) is amended by adding at the end the following: ``SEC. 204A. AUTHORIZATION TO ESTABLISH QUALIFIED INDIAN SCHOOL CONSTRUCTION BOND ESCROW ACCOUNT. ``(a) Definitions.--In this section: ``(1) Federal escrow account.--The term `Federal escrow account' means the qualified Indian school construction bond escrow account established under subsection (b). ``(2) Qualified indian school construction bond.--The term `qualified Indian school construction bond' means a bond for which the Secretary of the Interior has provided an allocation pursuant to the authority provided to the Secretary under section 54F(d)(4) of the Internal Revenue Code. ``(3) Secretary.--The term `Secretary' means the Secretary of the Interior. ``(b) In General.--Pursuant to the authority granted under section 54F(d)(4) of the Internal Revenue Code of 1986, the Secretary shall establish a Federal qualified Indian school construction bond escrow account for the purpose of implementing such section. ``(c) Use of Escrow Account.--The Secretary shall use amounts available under the Federal escrow account to carry out a qualified Indian school construction bond program for schools funded by the Bureau of Indian Affairs, through which-- ``(1) the Secretary shall approve qualified school construction bonds to the extent that amounts are available in the Federal escrow account to support the bonds pursuant to paragraph (2); ``(2) upon the Secretary's approval of a request for a qualified school construction bond, the Secretary shall deposit, from amounts available in the Federal escrow account, the amount described in paragraph (4) in an individual bond escrow account that shall be managed for such qualified school construction bond; ``(3) the funds for the individual bond escrow account shall be held by the Federal Government or in an insured depository institution, as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813), and shall be invested in appropriate Treasury securities; and ``(4) the amount of the funds provided for the individual bond escrow account shall be an amount sufficient to repay the face value of the bond in a 15-year period, based on the investment required under paragraph (3). ``(d) Transfer to Escrow Account.-- ``(1) In general.--The Secretary shall deposit in the Federal escrow account such sums as are made available to implement this section and section 54F(d)(4) of the Internal Revenue Code of 1986. ``(2) Other funds.--The Secretary may accept and deposit in the Federal escrow account amounts received to carry out this section from any other source, including Federal agencies, non- Federal public agencies, Indian Tribes, nonprofit organizations, and private sector entities.''. (2) Conforming amendments.--Section 204 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5351) is amended by striking ``this part B'' each place the term appears and inserting ``this section''. (b) Use of Bonds for Reasonable and Necessary Preconstruction Costs.--Section 54F(d)(4) of the Internal Revenue Code of 1986 is amended by striking ``Affairs.'' and inserting ``Affairs, which may include paying the reasonable and necessary predevelopment costs directly associated with such construction, rehabilitation, or repair.''.

Tribal Economic Assistance Act of 2017 This bill amends the Internal Revenue Code to extend and modify several tax provisions relating to Indian reservations. The bill: repeals a provision that limits an Indian tribal government's eligibility for certain excise tax exemptions to transactions involving the exercise of an essential government function; makes permanent the special depreciation rules for property used predominantly within an Indian reservation; makes permanent the Indian employment tax credit; requires the Department of the Treasury to give priority to qualified low-income community investments on Indian reservations when allocating new markets tax credits; and allows qualified school construction bonds allocated for schools funded by the Bureau of Indian Affairs to be used for reasonable and necessary predevelopment costs directly associated with the construction, rehabilitation, or repair of a school. The bill also amends the Indian Self-Determination and Education Assistance Act to establish a federal escrow account to carry out a qualified Indian school construction bond program for schools funded by the Bureau of Indian Affairs.

Tribal Economic Assistance Act of 2017

TITLE I--HEALTH CARE FRAUD PROSECUTION SEC. 101. SHORT TITLE. This title may be cited as the ``Health Care Fraud Prosecution Act of 1995''. SEC. 102. INCREASED PENALTIES FOR HEALTH CARE FRAUD. (a) Offense.--Part I of title 18, United States Code, is amended by inserting after chapter 50A the following new chapter: ``CHAPTER 50B--HEALTH CARE FRAUD ``Sec. ``1101. Health care fraud. ``1102. Penalties. ``1103. Restitution. ``Sec. 1101. Health care fraud ``(a) Definition.--In this section, the term `health care provider' means-- ``(1) a physician, nurse, dentist, therapist, pharmacist, or other professional provider of health care; and ``(2) a hospital, health maintenance organization, pharmacy, laboratory, clinic, or other health care facility or a provider of medical services, medical devices, medical equipment, or other medical supplies. ``(b) Offense.--A health care provider that engages in conduct constituting an offense under section 1341 or 1343 of this title for the purpose of or in connection with the provision of health care services or supplies or the payment therefor or reimbursement of the costs thereof, when-- ``(1) the amount of loss caused by the fraudulent conduct exceeds $10,000; or ``(2) the offender had previously been convicted of fraud in Federal or State court, shall be fined under this title, imprisoned in accordance with section 1102 of this title, or both. ``Sec. 1102. Penalties ``(a) In General.--In the case of an offense under section 1101 of this title not described in subsection (b) or (c) of this section, the offender shall be sentenced to a term of imprisonment of not more than 10 years. ``(b) Serious Physical Injury or Endangerment of Life of Patient.-- In the case of an offense under section 1101 of this title that-- ``(1) caused serious physical injury to a patient; or ``(2) endangered the life of a patient, the offender shall be sentenced to a term of imprisonment of not more than 20 years. ``(c) Death of Patient.--In the case of an offense under section 1101 of this title that caused the death of a patient, the offender shall be sentenced to a term of imprisonment of not more than life. ``Sec. 1103. Restitution ``(a) In General.--In sentencing a person convicted of an offense under section 1101 of this title, the court shall order the offender to pay restitution to the patient and any payor, such as an insurer, employer health benefit plan, or government program, for economic loss sustained as a result of the offense. ``(b) Restitution Procedure.--Except to the extent inconsistent with this section, sections 3363 and 3364 of this title apply to restitution made under this section.''. (b) Clerical Amendment.--The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 50A the following new item: ``50B. Health care fraud.''. SEC. 103. CRIMINAL FORFEITURE OF HEALTH CARE FRAUD PROCEEDS. Section 982(a) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(6) The court, in imposing sentence on a person convicted of an offense under section 1101 of this title, shall order that the offender forfeit to the United States any real or personal property constituting or derived from proceeds that the offender obtained directly or indirectly as the result of the offense.''. SEC. 104. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND CONVICTION. Section 3059(c)(1) of title 18, United States Code, is amended by inserting ``1101 or'' before ``2326''. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for the purposes of carrying out the amendments made by this title-- (1) for fiscal year 1996-- (A) $25,000,000 for the Federal Bureau of Investigation to hire, equip, and train no fewer than 250 special agents and support staff to investigate health-care fraud cases; (B) $5,000,000 to hire, equip, and train no fewer than 50 assistant United States Attorneys and support staff to prosecute health-care fraud cases; and (C) $5,000,000 to hire, equip, and train no fewer than 50 investigators in the Office of Inspector General, Department of Health and Human Services, to be devoted exclusively to health-care fraud cases; and (2) for each fiscal year thereafter, such sums as may be necessary. TITLE II--HEALTH CARE FRAUD AND ABUSE COMMISSION SEC. 201. SHORT TITLE. This title may be cited as the ``Health Care Fraud and Abuse Commission Act of 1995''. SEC. 202. ESTABLISHMENT OF HEALTH CARE FRAUD AND ABUSE COMMISSION. (a) In General.--There is established a commission to be known as the ``Health Care Fraud and Abuse Commission'' (in this title referred to as the ``Commission''). (b) Composition.--The Commission shall be composed of 18 members as follows: (1) Officials.-- (A) The Secretary of Health and Human Services (or the Secretary's designee). (B) The Inspector General of the Department of Health and Human Services (or the Inspector General's designee). (C) The Attorney General (or the Attorney General's designee). (D) The Director of the Federal Bureau of Investigation (or the Director's designee). (E) The Administrator of the Health Care Financing Administration (or the Administrator's designee). (2) Public members.--Thirteen members, appointed by the President, of which-- (A) one shall be an Attorney General of a State; (B) one shall be a representative of State medicaid fraud control programs; (C) one shall be a State official directly responsible for regulation of health insurance; (D) one shall be a representative of physicians; (E) one shall be a representative of hospital administrators; (F) one shall be a representative of health insurance companies; (G) one shall be a representative of employers who self-fund employee health benefit plans; (H) one shall be a representative of employers who purchase a health benefit plan from a health insurance company; (I) one shall be a representative of medicare carriers; (J) one shall be a representative of medicare peer review organizations; (K) one shall be a representative of health care consumers; (L) one shall be a representative of medicare beneficiaries; and (M) one shall be a representative of labor unions. In making appointments under this paragraph of an individual who is a representative of persons or organizations, the President shall consider the recommendations of national organizations that represent such persons or organizations. The President shall report to Congress, within 90 days after the date of the enactment of this Act, the names of the members appointed under this paragraph. (c) Terms.--Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. SEC. 203. FUNCTIONS OF COMMISSION. (a) In General.--The Commission shall-- (1) investigate the nature, magnitude, and cost of health care fraud and abuse in the United States, and (2) identify and develop the most effective methods of preventing, detecting, and prosecuting or litigating such fraud and abuse, with particular emphasis on coordinating public and private prevention, detection, and enforcement efforts. (b) Particulars.--Among other items, the Commission shall examine at least the following: (1) Mechanisms to provide greater standardization of claims administration in order to accommodate fraud prevention and detection. (2) Mechanisms to allow more freedom of health benefit plans to exchange information for coordinating case development and prosecution or litigation efforts, without undermining patient and provider privacy protections or violating anti- trust laws. (3) The extension to private health insurers of administrative remedies currently available to public insurers. (4) Mechanisms for private insurers to organize and finance investigation and litigation efforts when more than one insurer may have received fraudulent claims from a provider. (5) Creating a model State statute for establishing State insurance fraud units and State laws to strengthen insurers' ability to pursue and recover from fraudulent providers. (6) The need for regulation of new types of health care providers. (7) Criteria for physician referrals to facilities in which they (or family members) have a financial interest. (8) The availability of resources to law enforcement authorities to combat health care fraud and abuse. (c) Report.--After approval by a majority vote, a quorum being present, the Commission shall transmit to Congress a report on its activities. The report shall be transmitted not later than 18 months after the date that a majority of the public members of the Commission have been appointed. The report shall contain a detailed statement of the Commission's findings, together with such recommendations as the Commission considers appropriate. SEC. 204. ORGANIZATION AND COMPENSATION. (a) Organization.-- (1) Quorum.--A majority of the members of the Commission shall constitute a quorum but a lesser number may hold hearings. (2) Chairman.--The Commission shall elect one of its members to serve as chairman of the Commission. (3) Meetings.--The Commission shall meet at the call of the chairman or a majority of its members. Meetings of the Commission are open to the public under section 10(a)(10) of the Federal Advisory Committee Act, except that the Commission may conduct meetings in executive session but only if a majority of the members of the Commission (a quorum being present) approve going into executive session. (b) Compensation of Members.--Members of the Commission shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of their duties as members of the Commission. SEC. 205. STAFF OF COMMISSION. (a) In General.--The Commission may appoint and fix the compensation of a staff director and such other additional personnel as may be necessary to enable the Commission to carry out its functions, without regard to the laws, rules, and regulations governing appointment and compensation and other conditions of service in the competitive service. (b) Detail of Federal Employees.--Upon request of the chairman, any Federal employee who is subject to such laws, rules, and regulations, may be detailed to the Commission to assist it in carrying out its functions under this title, and such detail shall be without interruption or loss of civil service status or privilege. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of 120 percent of the maximum annual rate of basic pay payable for GS-15 of the General Schedule. SEC. 206. AUTHORITY OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this title, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Obtaining Official Data.-- (1) In general.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this title. Upon request of the chairman of the Commission, the head of that department or agency shall furnish that information to the Commission. (2) Access to information.--Information obtained by the Commission is available to the public in the same manner in which information may be made available under sections 552 and 552a of title 5, United States Code. (c) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property for the purpose of aiding or facilitating the work of the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this title. (f) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter which the Commission is authorized to investigate under this title. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is to be made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. SEC. 207. TERMINATION. The Commission shall terminate 90 days after the date the report is submitted under section 203(c). SEC. 208. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as are necessary to carry out its functions, to remain available until expended.

TABLE OF CONTENTS: Title I: Health Care Fraud Prosecution Title II: Health Care Fraud and Abuse Commission Title I: Health Care Fraud Prosecution - Health Care Fraud Prosecution Act of 1995 - Amends the Federal criminal code to provide penalties for fraud by health care providers in connection with the provision of, or payments or reimbursement for, health care services or supplies, when: (1) the loss caused by the fraudulent conduct exceeds $10,000; or (2) the offender has previously been convicted of fraud in Federal or State court. Limits such penalties to ten years' imprisonment, unless the offense caused serious physical injury to, or endangered the life of, a patient (up to 20 years' imprisonment) or caused the death of a patient (up to life imprisonment). Specifies that the sentencing court shall order a person convicted of an offense under this title to pay restitution to the patient and any payor for losses sustained as a result of the offense. Provides for criminal forfeiture of the proceeds of health care fraud. Authorizes appropriations for the Federal Bureau of Investigation, U.S. Attorneys, and the Office of Inspector General of the Department of Health and Human Services to hire, equip, and train personnel in connection with the investigation and prosecution of health care fraud cases. Title II: Health Care Fraud and Abuse Commission - Health Care Fraud and Abuse Commission Act of 1995 - Establishes the Health Care Fraud and Abuse Commission to investigate the nature, magnitude, and cost of health care fraud and abuse and develop methods for its prevention, detection, and prosecution or litigation. Authorizes appropriations.

To provide for a Federal response to fraud in connection with the provision of or receipt of payment for health care services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Invest in the U.S.A. Act of 2003''. SEC. 2. TOLL TAX ON EXCESS QUALIFIED FOREIGN DISTRIBUTION AMOUNT. (a) In General.--Subpart F of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 965. TOLL TAX IMPOSED ON EXCESS QUALIFIED FOREIGN DISTRIBUTION AMOUNT. ``(a) Toll Tax Imposed on Excess Qualified Foreign Distribution Amount.--If a corporation elects the application of this section, a tax shall be imposed on the taxpayer in an amount equal to 5.25 percent of-- ``(1) the taxpayer's excess qualified foreign distribution amount, and ``(2) the amount determined under section 78 which is attributable to such excess qualified foreign distribution amount. Such tax shall be imposed in lieu of the tax imposed under section 11 or 55 on the amounts described in paragraphs (1) and (2) for such taxable year. ``(b) Excess Qualified Foreign Distribution Amount.--For purposes of this section-- ``(1) In general.--The term `excess qualified foreign distribution amount' means the excess (if any) of-- ``(A) dividends received by the taxpayer during the taxable year which are-- ``(i) from 1 or more corporations which are controlled foreign corporations in which the taxpayer is a United States shareholder on the date such dividends are paid, and ``(ii) described in a domestic reinvestment plan approved by the taxpayer's president, chief executive officer, or comparable official before the payment of such dividends and subsequently approved by the taxpayer's board of directors, management committee, executive committee, or similar body, which plan shall provide for the reinvestment of such dividends in the United States, including as a source for the funding of worker hiring and training; infrastructure; research and development; capital investments; or the financial stabilization of the corporation for the purposes of job retention or creation, over ``(B) the base dividend amount. ``(2) Base dividend amount.--The term `base dividend amount' means an amount designated under subsection (c)(7), but not less than the average amount of dividends received during the fixed base period from 1 or more corporations which are controlled foreign corporations in which the taxpayer is a United States shareholder on the date such dividends are paid. ``(3) Fixed base period.-- ``(A) In general.--The term `fixed base period' means each of 3 taxable years which are among the 5 most recent taxable years of the taxpayer ending on or before December 31, 2002, determined by disregarding-- ``(i) the 1 taxable year for which the taxpayer had the highest amount of dividends from 1 or more corporations which are controlled foreign corporations relative to the other 4 taxable years, and ``(ii) the 1 taxable year for which the taxpayer had the lowest amount of dividends from such corporations relative to the other 4 taxable years. ``(B) Shorter period.--If the taxpayer has fewer than 5 taxable years ending on or before December 31, 2002, then in lieu of applying subparagraph (A), the fixed base period shall mean such shorter period representing all of the taxable years of the taxpayer ending on or before December 31, 2002. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Dividends.--The term `dividend' means a dividend as defined in section 316, except that the term shall also include amounts described in section 951(a)(1)(B), and shall exclude amounts described in sections 78 and 959. ``(2) Controlled foreign corporations and united states shareholders.--The term `controlled foreign corporation' shall have the same meaning as under section 957(a) and the term `United States shareholder' shall have the same meaning as under section 951(b). ``(3) Foreign tax credits.--The amount of any income, war, profits, or excess profit taxes paid (or deemed paid under sections 902 and 960) or accrued by the taxpayer with respect to the excess qualified foreign distribution amount for which a credit would be allowable under section 901 in the absence of this section, shall be reduced by 85 percent. ``(4) Foreign tax credit limitation.--For all purposes of section 904, there shall be disregarded 85 percent of-- ``(A) the excess qualified foreign distribution amount, ``(B) the amount determined under section 78 which is attributable to such excess qualified foreign distribution amount, and ``(C) the amounts (including assets, gross income, and other relevant bases of apportionment) which are attributable to the excess qualified foreign distribution amount which would, determined without regard to this section, be used to apportion the expenses, losses, and deductions of the taxpayer under section 861 and 864 in determining its taxable income from sources without the United States. For purposes of applying subparagraph (C), the principles of section 864(e)(3)(A) shall apply. ``(5) Treatment of acquisitions and dispositions.--Rules similar to the rules of section 41(f)(3) shall apply in the case of acquisitions or dispositions of controlled foreign corporations occurring on or after the first day of the earliest taxable year taken into account in determining the fixed base period. ``(6) Treatment of consolidated groups.--Members of an affiliated group of corporations filing a consolidated return under section 1501 shall be treated as a single taxpayer in applying the rules of this section. ``(7) Designation of dividends.--Subject to subsection (b)(2), the taxpayer shall designate the particular dividends received during the taxable year from 1 or more corporations which are controlled foreign corporations in which it is a United States shareholder which are dividends excluded from the excess qualified foreign distribution amount. The total amount of such designated dividends shall equal the base dividend amount. ``(8) Treatment of expenses, losses, and deductions.--Any expenses, losses, or deductions of the taxpayer allowable under subchapter B-- ``(A) shall not be applied to reduce the amounts described in subsection (a)(1), and ``(B) shall be applied to reduce other income of the taxpayer (determined without regard to the amounts described in subsection (a)(1)). ``(d) Election.-- ``(1) In general.--An election under this section shall be made on the taxpayer's timely filed income tax return for the taxable year (determined by taking extensions into account) ending 120 days or more after the date of the enactment of this section, and, once made, may be revoked only with the consent of the Secretary. ``(2) All controlled foreign corporations.--The election shall apply to all corporations which are controlled foreign corporations in which the taxpayer is a United States shareholder during the taxable year. ``(3) Consolidated groups.--If a taxpayer is a member of an affiliated group of corporations filing a consolidated return under section 1501 for the taxable year, an election under this section shall be made by the common parent of the affiliated group which includes the taxpayer, and shall apply to all members of the affiliated group. ``(e) Regulations.--The Secretary shall prescribe such regulations as may be necessary and appropriate to carry out the purposes of this section, including regulations under section 55 and regulations addressing corporations which, during the fixed base period or thereafter, join or leave an affiliated group of corporations filing a consolidated return.''. (b) Conforming Amendment.--The table of sections for subpart F of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 965. Toll tax imposed on excess qualified foreign distribution amount.''. (c) Effective Date.--The amendments made by this section shall apply only to the first taxable year of the electing taxpayer ending 120 days or more after the date of the enactment of this Act.

Invest in the U.S.A. Act of 2003 - Amends the Internal Revenue Code to permit a U.S. corporation doing business abroad to elect to have its foreign earnings taxed in the United States for one year at a rate equal to 5.25 percent of the excess qualified foreign distribution and the amount attributable to such corporation as controlled foreign-earned dividends in lieu of being taxed under alternative minimum tax or corporate rates, if dividends received are reinvested in the United States in an approved plan.Limits foreign tax credits with respect to dividends taxed at such 5.25 percent rate.

A bill to amend the Internal Revenue Code of 1986 to encourage the investment of foreign earnings within the United States for productive business investments and job creation.

SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) the 1954 United States Supreme Court decision of Brown v. Board of Education, which mandated an end to the segregation of public schools, was one of the most significant court decisions in the history of the United States; (2) the admission of 9 African-American students, known as the ``Little Rock Nine'', to Little Rock's Central high School as a result of the Brown decision, was the most prominent national example of the implementation of the Brown decision, and served as a catalyst for the integration of other, previously segregated public schools in the United States; (3) 1997 marked the 70th anniversary of the construction of Central High School, which has been named by the American Institute of Architects as ``the most beautiful high school building in America''; (4) Central High School was included on the National Register of Historic Places in 1977 and designated by the Secretary of the Interior as a national historic landmark in 1982 in recognition of its national significance in the development of the civil rights movement in the United States; and (5) the designation of Little Rock Central High School as a unit of the National Park System will recognize the significant role the school played in the desegregation of public schools in the South and will interpret for future generations the events associated with early desegregation of Southern schools. (b) Purpose.--The purpose of this Act is to preserve, protect, and interpret for the benefit, education, and inspiration of present and future generations, Central High School in Little Rock, Arkansas, and its role in the integration of public schools and the development of the civil rights movement in the United States. SEC. 2. ESTABLISHMENT OF CENTRAL HIGH SCHOOL NATIONAL HISTORIC SITE. (a) Establishment.--The Little Rock Central High School national historic site in the State or Arkansas (hereinafter referred to as the ``historic site'') is hereby established as a unit of the National Park System. The historic site shall consist of lands and interests therein comprising the Central High School campus in Little Rock, Arkansas, as generally depicted on a map entitled ____________ and dated June 1998. Such map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (b) Administration of Historic Site.--The Secretary of the Interior (hereinafter referred to as the ``Secretary'') shall administer the historic site in accordance with this Act and the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1, 2-4) and the Act of August 21, 1935 (16 U.S.C. 461-467): Provided, That nothing in this Act shall affect the authority of the Little Rock School District to administer Little Rock Central High School. (c) Cooperative Agreements.--(1) The Secretary may enter into cooperative agreements with appropriate public and private agencies, organizations, and institutions (including, but not limited to, the State of Arkansas, the city of Little Rock, the Little Rock School District, Central High Museum, Inc., Central High Neighborhood, Inc., or the University of Arkansas) in furtherance of the purposes of this Act. (2) The Secretary shall coordinate visitor interpretation of the historic site with the Little Rock School District and the Central High School Museum, Inc. (d) General Management Plan.--Within 2 years after the date funds are made available, the Secretary shall prepare a general management plan for the historic site. (e) Continuing Educational Use.--The Secretary shall consult and coordinate with the Little Rock School District in the development of the general management plan and in the administration of the historic site so as to not interfere with the continuing use of Central High School as an educational institution. (f) Acquisition of Property.--The Secretary is authorized to acquire by purchase with donated or appropriated funds, by exchange, or donation the lands and interests therein located within the boundaries of the historic site, except that the Secretary may only acquire lands or interests therein with the consent of the owner thereof and lands or interests therein owned by the State of Arkansas or a political subdivision thereof, may only be acquired by donation or exchange. SEC. 3. DESEGREGATION IN PUBLIC EDUCATION THEME STUDY. (a) Theme Study.--Within 2 years after the date funds are made available, the Secretary shall prepare and transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a national historic landmark theme study (hereinafter referred to as the ``theme study'') on the history of desegregation in public education. The purpose of the theme study shall be to identify sites, districts, buildings, structures, and landscapes that best illustrate or commemorate key events or decisions in the historical movement to provide for racial desegregation in public education. On the basis of the theme study, the Secretary shall identify possible new national historic landmarks appropriate to this theme and prepare a list in order of importance or merit of the most appropriate sites for national historic landmark designation. (b) Opportunities for Education and Research.--The theme study shall identify appropriate means to establish linkages between sites identified in subsection (a) and between those sites and the Central High School National Historic Site established in section 2, and with other existing units of the National Park System to maximize opportunities for public education and scholarly research on desegregation in public education. The theme study also shall recommend opportunities for cooperative arrangements with State and local governments, educational institutions, local historical organizations, and other appropriate entities to preserve and interpret key sites in the history of desegregation in public education. (c) Cooperative Agreements.--The Secretary may enter into cooperative agreements with 1 or more major educational institutions, public history organizations, or civil rights organizations knowledgeable about desegregation in public education to prepare the theme study and to ensure that the theme study meets scholarly standards. (d) Theme Study Coordination With General Management Plan.--The theme study shall be prepared as part of the preparation and development of the general management plan for the Little Rock Central High School National Historic Site established in section 2. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Establishes the Little Rock Central High School National Historic Site, Arkansas, as a unit of the National Park System. Requires the Secretary of the Interior, within two years after funds are made available, to: (1) prepare a general management plan for the Site; and (2) prepare and transmit to specified congressional committees a National Historic Landmark Theme Study on the history of desegregation in public education. Requires the Secretary, on the basis of the study, to identify possible new national historic landmarks appropriate to this theme and prepare a list in order of importance or merit of the most appropriate sites for national historic landmark designation. Authorizes appropriations.

To establish the Little Rock Central High School National Historic Site in the State of Arkansas, and for other purposes.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Comprehensive Strategy for Iraq Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Declaration of policy. Sec. 3. Expiration of congressional authorization for use of military force against Iraq. Sec. 4. Prohibition on use of funds to establish or maintain permanent United States military presence in Iraq. Sec. 5. Preparation and submission of United States exit strategy from Iraq and subsequent United States role in Iraq. Sec. 6. Assistance for employment programs and democracy, governance, and related programs in Iraq. Sec. 7. Presidential Special Envoys for Iraq Regional Security. Sec. 8. Report. Sec. 9. Sense of Congress. SEC. 2. DECLARATION OF POLICY. Congress declares that it is the policy of the United States-- (1) to enhance the national security of the United States by pursuing a strategy that restores United States military readiness, promotes success in the Global War on Terrorism, and contributes to peace and stability in Iraq and the greater Middle East region; (2) to begin withdrawing United States Armed Forces from Iraq and to complete the withdrawal in an orderly manner and at the earliest practicable date, relinquishing to the Government of Iraq full responsibility for maintaining security and public safety; (3) to recognize the elected Government of Iraq as the legitimate government of a fully sovereign country and encourage it to take greater responsibility over its natural resources, security, and public safety within its borders; (4) to support reconstruction efforts by the Government of Iraq and to help involve the international community in those and other stabilization efforts; (5) to promote national reconciliation in Iraq, including constitutional revisions to assure the participation of all Iraqis in the Government of Iraq, equitable sharing of oil revenues, integration of former Baathists into the national life of Iraq, dismantling of sectarian militias, and a dialogue among sectarian communities on the future of Iraq; (6) to provide diplomatic and political support to the Government of Iraq to achieve stability and an enduring democracy; (7) to transfer to Iraqi Security Forces all bases now controlled by United States Armed Forces, and to maintain no permanent bases or other long-term United States military presence in Iraq; (8) to fully support the total control and authority over Iraq's oil assets by the sovereign Government of Iraq; and (9) to vigorously prosecute a war on terrorist organizations and networks around the world through an integrated, comprehensive, and global strategy. SEC. 3. EXPIRATION OF CONGRESSIONAL AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ. (a) Findings.--Congress makes the following findings: (1) The sole authority for combat operations by the United States Armed Forces in Iraq is the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107- 243; 50 U.S.C. 1541 note). (2) In Public Law 107-243, Congress authorized the use of the Armed Forces as ``necessary and appropriate'' to ``defend the national security of the United States against the continuing threat posed by Iraq,'' and to ``enforce all relevant United Nations Security Council resolutions regarding Iraq''. (3) Original missions assigned to the Armed Forces in accordance with Public Law 107-243--to identify and destroy Iraqi weapons of mass destruction capabilities, prevent Iraqi Government support for international terrorism, and end the authoritarian rule of Saddam Hussein--are no longer operative, and on December 6, 2006, the Iraq Study Group concluded that ``sectarian violence is now the principle challenge to stability in Iraq''. (4) If the authority to use the Armed Forces as provided under Public Law 107-243 is terminated, the President does not have authority to continue combat operations in Iraq without specific authorization by Congress in law. (b) Expiration.--The authority for the President to use the Armed Forces as provided by Public Law 107-243 expires on December 31, 2007. (c) Rule of Construction.--No provision of law, other than Public Law 107-243, shall be construed as providing authority for combat operations in Iraq. SEC. 4. PROHIBITION ON USE OF FUNDS TO ESTABLISH OR MAINTAIN PERMANENT UNITED STATES MILITARY PRESENCE IN IRAQ. Notwithstanding any other provision of law, funds appropriated or otherwise made available under any provision of law may not be obligated or expended for the purpose of establishing or maintaining a permanent United States military presence in Iraq through the establishment or use of military installations or facilities in Iraq intended to be under the exclusive control of the Armed Forces rather than under the control of the Government of Iraq. SEC. 5. PREPARATION AND SUBMISSION OF UNITED STATES EXIT STRATEGY FROM IRAQ AND SUBSEQUENT UNITED STATES ROLE IN IRAQ. (a) Strategy Required.--No later than 30 days after the enactment of this act, the President shall submit to Congress a report outlining a strategy to bring combat operations by the United States Armed Forces in Iraq to an end. (b) Content of Strategy.--The strategy required by this section shall include the following elements: (1) A plan for phasing out the number of members of the Armed Forces in Iraq so that the use of military force, as authorized by the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note), ends no later than December 31, 2007. (2) A description of the timetable for withdrawing the Armed Forces from Iraq, including a date for the initial withdrawal of the Armed Forces and specific objectives for additional troop reductions before December 31, 2007. (3) A description of the remaining mission of the Armed Forces in Iraq, including an enumeration of the goals and objectives of that mission and a strategy for achieving these goals and objectives. (4) An assessment of any need for a military mission to begin after December 31, 2007, except that any such mission shall only be advisory in nature and shall exclude combat operations by Armed Forces personnel. (5) An assessment of the need to maintain one or more units of the Armed Forces in the region as a regional counterterrorism strike force to rapidly respond to terrorism threats against the United States and its interests. (6) A plan for turning over authority for all remaining security and government operations in Iraq to the Government of Iraq. (7) An assessment of remaining needs for the training and fielding of the Iraqi Security Forces. (8) An assessment of remaining reconstruction needs in Iraq. SEC. 6. ASSISTANCE FOR EMPLOYMENT PROGRAMS AND DEMOCRACY, GOVERNANCE, AND RELATED PROGRAMS IN IRAQ. (a) Assistance for Employment Programs.-- (1) Assistance authorized.--Subject to paragraph (2), the President is authorized to provide assistance for projects designed to provide employment opportunities for the people of Iraq. Projects funded under this subsection shall be carried out on an equitable basis in all regions of Iraq, as appropriate. (2) Certification.--Assistance may be provided under paragraph (1) only if the President certifies to Congress that the Government of Iraq has successfully concluded an agreement that will allow for the peaceful sharing of power and resources among major ethnic and sectarian factions in Iraq. (3) Authorization of appropriations.--To carry out this subsection, there are authorized to be appropriated to the President $2,000,000,000 for each of the fiscal years 2008 through 2010. (b) Assistance for Democracy, Governance, and Related Programs.-- (1) Assistance authorized.--The President is authorized to provide assistance to strengthen democracy, governance, human rights, the rule of law, and religious freedom in Iraq. (2) Requirement.--To the maximum extent practicable, not less than 50 percent of amounts made available to carry out this subsection for a fiscal year shall be expended to support the development of democratic institutions at the local and provincial levels in Iraq. (3) Authorization of appropriations.--To carry out this subsection, there are authorized to be appropriated to the President $300,000,000 for each of the fiscal years 2008 through 2010. SEC. 7. PRESIDENTIAL SPECIAL ENVOYS FOR IRAQ REGIONAL SECURITY. (a) Appointment of Special Envoys.--Not later than 15 days after the date of the enactment of this Act, the President shall appoint two Presidential Special Envoys for Iraq Regional Security. (b) Duties.--The Presidential Special Envoys appointed pursuant to subsection (a) shall have the following duties: (1) Enter into discussions with the Government of Iraq and governments of neighboring countries to support Iraq's efforts to achieve peace and stability and to take necessary actions to prevent regional instability. (2) Organize and obtain commitments to participate in a regional conference on Iraq's future, to include representatives of the Government of the United States, the Government of Iraq, the United Nations, the League of Arab States, the European Union, and the governments of neighboring countries, including, at minimum, the Governments of Egypt, Iran, Jordan, Kuwait, Saudi Arabia, Syria, and Turkey. (3) Organize an Iraq Support Group, consisting of representatives of the entities described in paragraph (2), to coordinate regional and international policy in support of Iraq's efforts to achieve peace and stability. (4) Work with officials of the Government of Iraq and other domestic stakeholders to organize a forum for negotiations on national reconciliation. (c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated such sums as may be necessary for fiscal year 2008. SEC. 8. REPORT. (a) Report Required.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on the following: (1) The efforts of the United States to promote regional dialogue on Iraq's future, including efforts by the Presidential Special Envoys for Iraq Regional Security to carry out the duties specified in section 7(b) of this Act. (2) The status of pledges of financial assistance for the relief and reconstruction of Iraq made by members of the international community at the Madrid International Conference on Reconstruction in Iraq and other international conferences for the relief and reconstruction of Iraq since March 2003. (3) The efforts of the United States to encourage other countries and international institutions to fulfill the pledges of financial assistance described in paragraph (2). (b) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate. SEC. 9. SENSE OF CONGRESS. It is the sense of Congress that the Government of the United States should redeploy such diplomatic, political, and military assets as are necessary-- (1) to complete Operation Enduring Freedom, including to defeat remaining Taliban and al Qaeda forces threatening the stability of Afghanistan; and (2) to support efforts to dismantle terrorist networks and deny terrorists haven in other regions of the world in which terrorist organizations threaten the interests of the United States.

Comprehensive Strategy for Iraq Act of 2007 - States that authority for the President to use the Armed Forces in Iraq as provided by P.L. 107-243 expires on December 31, 2007. Prohibits the obligation or expenditure of funds for the purpose of establishing or maintaining a permanent U.S. military presence in Iraq through the establishment or use of military installations or facilities in Iraq intended to be under the exclusive control of the Armed Forces rather than under the control of the government of Iraq. Directs the President, within 30 days after enactment of this Act, to report to Congress outlining a strategy to end U.S. combat operations in Iraq. Authorizes the President to provide assistance: (1) for Iraqi employment projects upon a certification to Congress that the government of Iraq has concluded an agreement for the sharing of power and resources among major ethnic and sectarian factions in Iraq; and (2) to strengthen democracy, governance, human rights, the rule of law, and religious freedom in Iraq. Directs the President to appoint two Presidential Special Envoys for Iraq Regional Security who shall: (1) enter into discussions with the government of Iraq and governments of neighboring countries to support Iraq's peace efforts and to take necessary actions to prevent regional instability; (2) organize a regional conference on Iraq's future; (3) organize an Iraq Support Group to coordinate regional and international policy in support of Iraq's peace efforts; and (4) work with officials of the government of Iraq and other domestic stakeholders to organize a forum for national reconciliation negotiations. Expresses the sense of Congress that the U.S. government should redeploy necessary diplomatic, political, and military assets to: (1) complete Operation Enduring Freedom, including to defeat remaining Taliban and al Qaeda forces threatening Afghanistan; and (2) support efforts to dismantle terrorist networks in other regions of the world.

To provide for the withdrawal of United States Armed Forces from Iraq, to authorize assistance for Iraq, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arson Prevention Act of 1993''. SEC. 2. FINDINGS. Congress finds that-- (1) arson is a serious and costly problem, and is responsible for approximately 25 percent of all fires in the United States; (2) arson is a leading cause of fire deaths, accounting for approximately 700 deaths annually in the United States, and is the leading cause of property damage due to fire in the United States; (3) estimates of arson property losses are in the range of $2,000,000,000 annually, or approximately 1 of every 4 dollars lost to fire; (4) the incidence of arson in the United States is seriously underreported, in part because of the lack of adequate participation by local jurisdictions in the National Fire Incident Reporting System (NFIRS) and the Uniform Crime Reporting (UCR) program; (5) there is a need for expanded training programs for arson investigators; (6) there is a need for improved programs designed to enable volunteer firefighters to detect arson crimes and to preserve evidence vital to the investigation and prosecution of arson cases; (7) according to the National Fire Protection Association, of all the suspicious and incendiary fires estimated to occur, only \1/3\ are confirmed as arson; and (8) improved training of arson investigators will increase the ability of fire departments to identify suspicious and incendiary fires, and will result in increased and more effective prosecution of arson offenses. SEC. 3. ARSON PREVENTION GRANTS. The Federal Fire Prevention and Control Act of 1974 is amended by inserting after section 24 (15 U.S.C. 2220) the following new section: ``SEC. 25. ARSON PREVENTION GRANTS. ``(a) Definitions.--As used in this section: ``(1) Arson.--The term `arson' includes all incendiary and suspicious fires. ``(2) Office.--The term `Office' means the Office of Fire Prevention and Arson Control of the United States Fire Administration. ``(b) Grants.--The Administrator, acting through the Office, shall carry out a demonstration program under which not more than 10 grant awards shall be made to States, or consortia of States, for programs relating to arson research, prevention, and control. ``(c) Goals.--In carrying out this section, the Administrator shall award 2-year grants on a competitive, merit basis to States, or consortia of States, for projects that promote one or more of the following goals: ``(1) To improve the training by States leading to professional certification of arson investigators, in accordance with nationally recognized certification standards. ``(2) To provide resources for the formation of arson task forces or interagency organizational arrangements involving police and fire departments and other relevant local agencies, such as a State arson bureau and the office of a fire marshal of a State. ``(3) To combat fraud as a cause of arson and to advance research at the State and local levels on the significance and prevention of fraud as a motive for setting fires. ``(4) To provide for the management of arson squads, including-- ``(A) training courses for fire departments in arson case management, including standardization of investigative techniques and reporting methodology; ``(B) the preparation of arson unit management guides; and ``(C) the development and dissemination of new public education materials relating to the arson problem. ``(5) To combat civil unrest as a cause of arson and to advance research at the State and local levels on the prevention and control of arson linked to urban disorders. ``(6) To combat juvenile arson, such as juvenile fire- setter counseling programs and similar intervention programs, and to advance research at the State and local levels on the prevention of juvenile arson. ``(7) To combat drug-related arson and to advance research at the State and local levels on the causes and prevention of drug-related arson. ``(8) To combat domestic violence as a cause of arson and to advance research at the State and local levels on the prevention of arson arising from domestic violence. ``(9) To combat arson in rural areas and to improve the capability of firefighters to identify and prevent arson initiated fires in rural areas and public forests. ``(10) To improve the capability of firefighters to identify and combat arson through expanded training programs, including-- ``(A) training courses at the State fire academies; and ``(B) innovative courses developed with the Academy and made available to volunteer firefighters through regional delivery methods, including teleconferencing and satellite delivered television programs. ``(d) Structuring of Applications.--The Administrator shall assist grant applicants in structuring their applications so as to ensure that at least one grant is awarded for each goal described in subsection (c). ``(e) State Qualification Criteria.--In order to qualify for a grant under this section, a State, or consortium of States, shall provide assurances adequate to the Administrator that the State or consortium-- ``(1) will obtain at least 25 percent of the cost of programs funded by the grant, in cash or in kind, from non- Federal sources; ``(2) will not as a result of receiving the grant decrease the prior level of spending of funds of the State or consortium from non-Federal sources for arson research, prevention, and control programs; ``(3) will use no more than 10 percent of funds provided under the grant for administrative costs of the programs; and ``(4) is making efforts to ensure that all local jurisdictions will provide arson data to the National Fire Incident Reporting System or the Uniform Crime Reporting program. ``(f) Extension.--A grant awarded under this section may be extended for one or more additional periods, at the discretion of the Administrator, subject to the availability of appropriations. ``(g) Technical Assistance.--The Administrator shall provide technical assistance to States in carrying out programs funded by grants under this section. ``(h) Consultation and Cooperation.--In carrying out this section, the Administrator shall consult and cooperate with other Federal agencies to enhance program effectiveness and avoid duplication of effort, including the conduct of regular meetings initiated by the Administrator with representatives of other Federal agencies concerned with arson and concerned with efforts to develop a more comprehensive profile of the magnitude of the national arson problem. ``(i) Assessment.--Not later than 18 months after the date of enactment of this subsection, the Administrator shall submit a report to Congress that-- ``(1) identifies grants made; ``(2) specifies the identity of grantees; ``(3) states the goals of each grant; and ``(4) contains a preliminary assessment of the effectiveness of the grant program under this section. ``(j) Regulations.--Not later than 90 days after the date of enactment of this subsection, the Administrator shall issue regulations to implement this section, including procedures for grant applications. ``(k) Administration.--The Administrator shall directly administer the grant program required by this section, and shall not enter into any contract under which the grant program or any portion of the program will be administered by another party.''. SEC. 4. VOLUNTEER FIREFIGHTER TRAINING. Section 24(a)(2) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2220(a)(2)) is amended by inserting before the semicolon the following: ``, with particular emphasis on the needs of volunteer firefighters for improved and more widely available arson training courses''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 17 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2216) is amended by adding at the end the following new subsection: ``(h) In addition to any other amounts that are authorized to be appropriated to carry out this Act, there are authorized to be appropriated to carry out this Act-- ``(1) $500,000 for fiscal year 1994 for basic research on the development of an advanced course on arson prevention; ``(2) $2,000,000 for fiscal year 1995 for the expansion of arson investigator training programs at the Academy under section 24 and at the Federal Law Enforcement Training Center, or through regional delivery sites; ``(3) $4,000,000 for each of fiscal years 1994 and 1995 for carrying out section 25, except for salaries and expenses for carrying out section 25; and ``(4) $250,000 for each of the fiscal years 1994 and 1995 for salaries and expenses for carrying out section 25.''.

Arson Prevention Act of 1993 - Amends the Federal Fire Prevention and Control Act of 1974 to direct the Administrator of the United States Fire Administration, through the Office of Fire Prevention and Arson Control, to carry out a demonstration program to provide two-year grants to States for programs relating to arson research, prevention, and control. Sets forth State funding requirements and provides for additional renewal periods for such grants. Authorizes appropriations, including appropriations for the expansion of arson investigator training programs at the National Fire Academy and the Federal Law Enforcement Training Center or through regional delivery sites.

Arson Prevention Act of 1993

SECTION 1. PREKINDERGARTEN PROGRAM. Title X of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: ``PART L--PREKINDERGARTEN PROGRAMS ``SEC. 10995A. FINDINGS. ``Congress finds the following: ``(1) Countless studies have shown what every parent already knows: High-quality preschool education programs work. They prepare children to learn when they go to school, and the programs increase the success of students throughout their lives. ``(2) Children who get a high-quality prekindergarten education are more likely to increase their overall IQ, improve their results on achievement tests, and increase their chances of graduating from high school and pursuing some form of higher education. These same children are less likely to repeat a grade level and have less need for special education instruction than those with no preschool background, thus saving local educational agencies funds that might otherwise be necessary to provide special education instruction. ``(3) Prekindergarten education makes an enormous difference in the lives of children from lower-income families. The following specific results were found for children eligible for Head Start services or child care assistance, children who belong to a single parent, 2-child families earning less than $22,000 per year, or families of 4 earning less than $31,000 per year-- ``(A) 29 percent of the children who attended prekindergarten program were employed in jobs paying over $2,000 by age 27, as opposed to 7 percent of those from the same income group who did not receive prekindergarten education. ``(B) Only 57 percent of the children who attended a prekindergarten program grew up to become single mothers, as opposed to 83 percent of the same income group who did not attend a prekindergarten program. ``(C) 36 percent of the children who attended a prekindergarten program grew up to own their own homes, as opposed to only 13 percent of the same income group who did not attend such a program. ``(D) Less than 13 percent of the boys in the group who attended a prekindergarten program grew up to be arrested 5 or more times, as opposed to 49 percent of the boys from the same income group who did not attend a prekindergarten program. ``SEC. 10995B. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to provide grants to local educational agencies with an approved application under section 10995C to allow such agencies to establish or expand prekindergarten early learning programs to be operated by the local education agency. ``(b) Priority.--The Secretary shall give priority for grants under this part to local educational agencies with the highest population of children, ages 3 to 5, not enrolled in a prekindergarten or kindergarten program. ``SEC. 10995C. APPLICATIONS. ``(a) In General.--A local educational agency that desires to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(b) Content.--An application referred to in subsection (a), at a minimum, shall-- ``(1) demonstrate a need for the establishment or expansion of a prekindergarten program; ``(2) provide an assurance that each individual hired to work with children in the prekindergarten program is a teacher or child development specialist certified by the State; ``(3) provide an assurance that the ratio of teacher or child development specialist to children shall not exceed 10-1; ``(4) provide an assurance that the local educational agency will provide, either directly or through private contributions, non-Federal matching funds equal to not less than 50 percent of the amount of the grant award, these contributions shall include in kind contributions and parental co-payments; ``(5) provide an assurance that the local educational agency will develop a sliding fee schedule to ensure that the parents of a child who attends a prekindergarten program established under this part share in the cost of providing the prekindergarten program, but the amount of such contribution shall not exceed $50 each week that a child attends such program; ``(6) provide a description of how funds will be used to coordinate with and build on, but not duplicate or supplant, early childhood programs that exist in the community; ``(7) describe how the agency will use a collaborative process with organizations and members of the community that have an interest and experience in early childhood development and education to establish prekindergarten programs; ``(8) describe how the agency will coordinate with and expand, but not duplicate or supplant, early childhood programs that exist in the community; ``(9) review scientifically based research on early childhood education services that focus on language, literacy, and reading development; ``(10) describe how the program will meet the diverse needs of children, ages 3 through 5, in the community who are not enrolled in kindergarten, including children who have special needs; ``(11) describe how to employ methods that ensure a smooth transition for participating students from early childhood education to kindergarten and early elementary education; ``(12) describe the results the programs are intended to achieve, and what tools to use to measure the progress in attaining those results; ``(13) describe a plan to operate the program without using funds made available under this part; and ``(14) provide an assurance that none of the funds received under this part may be used for the construction or renovation of existing or new facilities (except for minor remodeling needed to accomplish the purposes of this part); ``SEC. 10995D. USES OF FUNDS. ``(a) In General.--A local educational agency that receives a grant award under this part may use funds received to establish or expand prekindergarten programs for children, ages 3 through 5, who are not enrolled in kindergarten. ``(b) Prekindergarten Programs.--Each prekindergarten program that is established pursuant to this part shall-- ``(1) focus on the developmental needs of participating children, including their social, cognitive, and language- development needs, and use research-based approaches that build on competencies that lead to school success, particularly in language and literacy development and in reading; and ``(2) ensure that participating children, at a minimum-- ``(A) understand and use language to communicate for various purposes; ``(B) understand and use increasingly complex and varied vocabulary; ``(C) develop and demonstrate an appreciation of books; ``(D) develop phonemic, print, and numeracy awareness; and ``(E) in the case of children with limited English proficiency, progress toward acquisition of the English language. ``SEC. 10995E. REPORTING. ``(a) Local Reports.--Each local educational agency that receives a grant award under this part shall submit to the Secretary annually a report that reviews the effectiveness of the prekindergarten program established with funds provided under this part. ``(b) Report to Congress.--The Secretary shall submit to Congress annually a report that evaluates the prekindergarten programs established under this part. ``SEC. 10995F. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $210,000,000 for fiscal year 2001, $210,000,000 for fiscal year 2002, $1,000,000,000 for fiscal year 2003, $1,500,000,000 for fiscal year 2004, and $2,100,000,000 for fiscal year 2005.''.

Authorizes the Secretary of Education to provide grants to applicant local educational agencies to establish or expand prekindergarten early learning programs, which meet specified requirements, for three-, four-, and five-year old children. Authorizes appropriations.

To provide grants to local educational agencies to establish or expand prekindergarten programs for children who are not yet enrolled in kindergarten.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pacific Coast Groundfish Fishery Preservation Act''. SEC. 2. PILOT PROJECT FOR CHARITABLE DONATION OF BYCATCH. (a) In General.--The Secretary of Commerce shall initiate a pilot project under which fishermen in a commercial fishery covered by the West Coast groundfish fishery are permitted to donate bycatch, or regulatory discards, of fish to charitable organizations rather than discard them. The pilot project shall incorporate a means, through the requirement of on-vessel observers or other safeguards, of ensuring that the opportunity to donate such fish does not encourage or permit the evasion of per-vessel trip limits, total allowable catch limits, or other fishery management plan measures. (b) Reports.-- (1) Initiation.--The Secretary shall notify the Congress, within 90 days after the date of enactment of this Act and before the pilot project is implemented, of-- (A) the fishing season in which the pilot project will be conducted; and (B) the period during which the pilot project will be conducted. (2) Follow-up.--Within 90 days after the pilot project terminates the Secretary shall submit to the Congress a report containing findings with respect to the pilot project and the Secretary's analysis of the ramifications of the pilot project based on those findings. SEC. 3. REPORT ON DISASTER ASSISTANCE FOR PACIFIC COAST GROUNDFISH FISHERY. The Secretary shall report to the Congress no later than 45 days after the date of enactment of this Act the action or actions taken under section 312(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(a)) to provide disaster relief to fishing communities affected by the commercial fishery failure in the Pacific Coast groundfish fishery. The Secretary shall include in the report any recommendations the Secretary deems appropriate for additional legislation or changes in existing law that would enable the Department of Commerce to respond more expeditiously in the future to fisheries disasters resulting from commercial fishery failures. SEC. 4. CAPACITY REDUCTION IN THE PACIFIC COAST GROUNDFISH FISHERY. (a) In General.--The Secretary of Commerce shall, after notice and an opportunity for public comment, adopt regulations to implement a fishing capacity reduction plan for the Pacific Coast Groundfish fishery under section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)) that-- (1) has been developed in consultation with affected parties whose participation in the plan is required for its successful implementation; (2) will obtain the maximum sustained reduction in fishing capacity at the least cost through the use of a reverse auction process in which vessels and permits are purchased; (3) will not expand the size or scope of the commercial fishery failure in that fishery or into other fisheries or other geographic regions; (4) except as otherwise specifically provided in this section, meets the requirements of that section; and (5) incorporates the components described in subsection (c) of this section. (b) Expedited Adoption of Plan.--In carrying out subsection (a), the Secretary-- (1) shall publish notice in the Federal Register within 30 days after the date of enactment of this Act of implementation of the fishing capacity reduction plan; (2) provide for public comment for a period of 60 days after publication; and (3) adopt final regulations to implement the plan within 45 days after the close of the public comment period under paragraph (2). (c) Plan Components.--The fishery capacity reduction plan shall-- (1) provide for a significant reduction in the fishing capacity in the Pacific Coast groundfish fisheries; (2) permanently revoke all State and Federal fishery licenses, fishery permits, area and species endorsements, and any other fishery privileges for West Coast groundfish, Pacific pink shrimp, Dungeness crab, and Pacific salmon (troll permits only) issued to a vessel or vessels (or to persons on the basis of their operation or ownership of that vessel or vessels) for which a Pacific Coast groundfish fisheries reduction permit is issued under section 600.1011(b) of title 50, Code of Federal Regulations; (3) ensure that the Secretary of Transportation is notified of each vessel for which a reduction permit is surrendered and revoked under the program, with a request that such Secretary permanently revoke the fishery endorsement of each such vessel and refuse permission to transfer any such vessel to a foreign flag under subsection (f) of this section; (4) ensure that vessels removed from the Pacific Coast groundfish fisheries under the program are made permanently ineligible to participate in any fishery worldwide, and that the owners of such vessels contractually agree that such vessels will operate only under the United States flag or be scrapped as a reduction vessel pursuant to section 600.1011(c) of title 50, Code of Federal Regulations; (5) ensure that vessels removed from the Pacific Coast groundfish fisheries, the owners of such vessels, and the holders of fishery permits for such vessels forever relinquish any claim associated with such vessel, permits, and any catch history associated with such vessel or permits that could qualify such vessel, vessel owner, or permit holder for any present or future limited access system fishing permits in the United States fisheries based on such vessel, permits, or catch history; and (6) notwithstanding section 1111(b) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f(b)(4)), establish a repayment period for the reduction loan of not less than 30 years. (d) Funding for Buyback of Vessels and Permits.-- (1) In general.--There shall be available to the Secretary to complete the purchase of vessels and permits under the fishery capacity reduction plan the sum of $50,000,000, of which-- (A) $25,000,000 shall be from amounts appropriated to the Secretary for this purpose (the appropriation of which is hereby authorized for fiscal year 2002, with any amounts not expended in fiscal year 2002 to remain available until expended); and (B) $25,000,000 shall be from an industry fee system established under subsection (e). (2) Advance of industry fee portion.--The industry fee portion under paragraph (1)(B) for fiscal year 2002 and thereafter shall be financed by a reduction loan under sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g). (e) Industry Fees.-- (1) In general.--As part of the fishery capacity reduction plan, the Secretary shall establish an industry fee system under section 312(d) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(d)) to generate revenue to repay the loan provided under subsection (d)(2). (2) Allocation of fees.--The Secretary shall allocate the fees payable under the industry fee system among-- (A) holders of Pacific Coast groundfish permits, (B) holders of Washington, Oregon, and California pink shrimp fishing permits, (C) holders of Washington, Oregon, and California salmon trolling permits, and (D) holders of Washington, Oregon, and California Dungeness crab fishing permits, so that the percentage of the revenue generated by the fee system from holders of each kind of permit will correspond to the percentage of the total amount paid under buyback program for that kind of permit. (f) Duties of Secretary of Transportation.-- (1) Revocation of endorsement.--The Secretary of Transportation shall, upon notification and request by the Secretary, for each vessel identified in such notification and request-- (A) permanently revoke any fishery endorsement issued to such vessel under section 12108 of title 46, United States Code; and (B) refuse to grant the approval required under section 9(c)(2) of the Shipping Act, 1916 (46 U.S.C. App. 808(c)(2)) for the placement of such vessel under foreign registry or the operation of such vessel under the authority of a foreign country. (2) Regulations.--The Secretary shall, after notice and opportunity for public comment, adopt final regulations not later than 6 months after the date of enactment of this Act, to prohibit any vessel for which a reduction permit is surrendered and revoked under the fishing capacity reduction program required by this section from engaging in fishing activities on the high seas or under the jurisdiction of any foreign country while operating under the United States flag. (g) Regulatory Flexibility.--Any requirements of chapter 35 of title 44, United States Code, chapter 6 of title 5, United States Code, or any Executive order that would, in the opinion of the Secretary, prevent the Secretary from meeting the deadlines set forth in this section shall not apply to the fishing capacity reduction program or the promulgation of regulations to implement such program required by this section. SEC. 5. COLLECTION OF INDUSTRY FEES. (a) In General.--The Secretary shall enter into an agreement with the States of California, Oregon, and Washington to collect program fees paid under the system established under section 4(e). (b) Withholding Fee From Purchase Price.--The fee for each vessel required to pay a program fee under that system shall be deducted by the first ex-vessel fish purchaser from the proceeds otherwise payable to the seller and forwarded to the appropriate State at the same time and in the same manner as other fees or taxes are forwarded to that State. (c) State To Collect and Forward Fees.--Upon receipt of program fees forwarded by fish purchasers under subsection (b), the State shall forward the fees to the Secretary in the manner provided for in the agreement established under subsection (a). (d) Fish-processing Vessels Treated as Purchasers.--A vessel which-- (1) both harvests and processes fish; or (2) receives fish from a harvesting vessel and processes that fish on board, shall be considered to be the first ex-vessel fish purchaser with respect to the fish processed on the vessel and shall forward the appropriate fees to the appropriate State at the same time and in the same manner as other fees or taxes are forwarded to that State. SEC. 6. AMENDMENT OF THE MERCHANT MARINE ACT, 1936, TO EXPAND PURPOSES OF CAPITAL CONSTRUCTION FUND. (a) In General.--Section 607(a) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1177(a)) is amended by striking ``of this section.'' and inserting ``of this section. Any agreement entered into under this section may be modified for the purpose of encouraging the sustainability of the fisheries of the United States by making the termination and withdrawal of a capital construction fund a qualified withdrawal if done in exchange for the retirement of the related commercial fishing vessels and related commercial fishing permits.''. (b) New Qualified Withdrawals.-- (1) Amendments to merchant marine act, 1936.--Section 607(f)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1177(f)(1)) is amended-- (A) by striking ``for:'' and inserting ``for--''; (B) by striking ``vessel,'' in subparagraph (A) and inserting ``vessel;''; (C) by striking ``vessel, or'' in subparagraph (B) and inserting ``vessel;''; (D) by striking ``vessel.'' in subparagraph (C) and inserting ``vessel;''; (E) by inserting after subparagraph (C) the following: ``(D) the payment of an industry fee authorized by the fishing capacity reduction program under section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)); ``(E) in the case of any such person or shareholder for whose benefit such fund was established or any shareholder of such person, a rollover contribution (within the meaning of section 408(d)(3) of the Internal Revenue Code of 1986) to such person's or shareholder's individual retirement plan (as defined in section 7701(a)(37) of such Code); or ``(F) the payment to a person or corporation terminating a capital construction fund for whose benefit the fund was established and retiring related commercial fishing vessels and permits.''; and (F) by adding at the end the following: ``(3) The Secretary by regulation shall establish procedures to ensure that any person making a qualified withdrawal authorized under paragraph (1)(F) retires the related commercial use of fishing vessels and commercial fishery permits.''. (2) Amendments to internal revenue code of 1986.--Section 7518(e)(1) of the Internal Revenue Code of 1986 (relating to purposes of qualified withdrawals) is amended-- (A) by striking ``for:'' and inserting ``for--''; (B) by striking ``vessel, or'' in subparagraph (B) and inserting ``vessel;''; (C) by striking ``vessel.'' in subparagraph (C) and inserting ``vessel;''; (D) by inserting after subparagraph (C) the following: ``(D) the payment of an industry fee authorized by the fishing capacity reduction program under section 312 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a); ``(E) in the case of any person or shareholder for whose benefit such fund was established or any shareholder of such person, a rollover contribution (within the meaning of section 408(d)(3)) to such person's or shareholder's individual retirement plan (as defined in section 7701(a)(37)); or ``(F) the payment to a person terminating a capital construction fund for whose benefit the fund was established and retiring related commercial fishing vessels and permits.''; and (E) by adding at the end the following: ``(3) Regulations.--The Secretary by regulation shall establish procedures to ensure that any person making a qualified withdrawal authorized by subparagraph (F) retires the related commercial use of fishing vessels and commercial fishery permits.''. (c) Effective Date.--The amendments made by this section shall apply to withdrawals made after the date of enactment of this Act.

Pacific Coast Groundfish Fishery Preservation Act - Directs the Secretary of Commerce to: (1) initiate a pilot project under which fishermen covered by the West Coast groundfish fishery may make charitable donations of fishery bycatch; (2) report on specified actions to provide disaster relief to fishing communities affected by the commercial failure in the Pacific Coast groundfish fishery; and (3) implement an expedited capacity reduction plan for such fishery, including a buyback of fishing permits and vessels, and establishment of an industry fee system to be collected by California, Oregon, and Washington and forwarded to the Secretary.Amends the Merchant Marine Act, 1936 to make a fund termination and withdrawal from the (nontaxable) capital construction fund a qualified withdrawal if done in exchange for the retirement of a commercial fishing permit and vessel. Amends the Internal Revenue Code respecting such funds to: (1) consider a withdrawal made for payment of an industry fee authorized by this Act a qualified (nontaxable) withdrawal; and (2) permit fund rollover into an individual retirement account (IRA).

To expedite relief provided under the Magnuson-Stevens Fishery Conservation and Management Act for the commercial fishery failure in the Pacific Coast Groundfish Fishery, to improve fishery management and enforcement in that fishery, and for other purposes.

SECTION 1. SHORT TITLE. This title may be cited as the ``Putting the Gulf of Mexico Back to Work Act''. TITLE I--AMENDMENT TO THE OUTER CONTINENTAL SHELF LANDS ACT SEC. 101. AMENDMENT TO OUTER CONTINENTAL SHELF LANDS ACT. (a) Amendment.--Section 11(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 1340(d)) is amended to read as follows: ``(d) Drilling Permits.-- ``(1) In general.--The Secretary shall by regulation require that any lessee operating under an approved exploration plan-- ``(A) must obtain a permit before drilling any well in accordance with such plan; and ``(B) must obtain a new permit before drilling any well of a design that is significantly different than the design for which an existing permit was issued. ``(2) Safety review required.--The Secretary shall not issue a permit under paragraph (1) without ensuring that the proposed drilling operations meet all-- ``(A) critical safety system requirements, including blowout prevention; and ``(B) oil spill response and containment requirements. ``(3) Timeline.-- ``(A) The Secretary shall decide whether to issue a permit under paragraph (1) within 30 days after receiving an application for the permit. The Secretary may extend such period for up to two periods of 15 days each, if the Secretary has given written notice of the delay to the applicant. The notice shall be in the form of a letter from the Secretary or a designee of the Secretary, and shall include the names and titles of the persons processing the application, the specific reasons for the delay, and a specific date a final decision on the application is expected. ``(B) If the application is denied, the Secretary shall provide the applicant-- ``(i) in writing, clear and comprehensive reasons why the application was not accepted and detailed information concerning any deficiencies, and ``(ii) an opportunity to remedy any deficiencies. ``(C) If the Secretary has not made a decision on the application by the end of the 60-day period beginning on the date the application is received by the Secretary, the application is deemed approved.''. (b) Deadline for Certain Permit Applications Under Existing Leases.-- (1) In general.--Notwithstanding the amendment made by subsection (a), a lease under which a covered application is submitted to the Secretary of the Interior shall be considered to be in directed suspension during the period beginning May 27, 2010, and ending on the date the Secretary issues a final decision on the application, if the Secretary does not issue a final decision on the application-- (A) before the end of the 30-day period beginning on the date of enactment of this Act, in the case of a covered application submitted before such date of enactment; or (B) before the end of the 30-day period beginning on the date the application is received by the Secretary, in the case of a covered application submitted on or after such date of enactment. (2) Covered application.--In this subsection the term ``covered application'' means an application for a permit to drill under an oil and gas lease under the Outer Continental Shelf Lands Act in effect on the date of enactment of this Act, that-- (A) represents a resubmission of an approved permit to drill (including an application for a permit to sidetrack) that was approved by the Secretary before May 27, 2010; and (B) is received by the Secretary after October 12, 2010, and before the end of the 30-day period beginning on the date of enactment of this Act. SEC. 102. EXTENSION OF CERTAIN OUTER CONTINENTAL SHELF LEASES. (a) Definition of Covered Lease.--In this section, the term ``covered lease'' means each oil and gas lease for the Gulf of Mexico outer Continental Shelf region issued under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) that-- (1)(A) was not producing as of April 30, 2010; or (B) was suspended from operations, permit processing, or consideration, in accordance with the moratorium set forth in the Minerals Management Service Notice to Lessees and Operators No. 2010-N04, dated May 30, 2010, or the decision memorandum of the Secretary of the Interior entitled ``Decision memorandum regarding the suspension of certain offshore permitting and drilling activities on the Outer Continental Shelf'' and dated July 12, 2010; and (2) by its terms would expire on or before December 31, 2011. (b) Extension of Covered Leases.--The Secretary of the Interior shall extend the term of a covered lease by 1 year. (c) Effect on Suspensions of Operations or Production.--The extension of covered leases under this section is in addition to any suspension of operations or suspension of production granted by the Minerals Management Service or Bureau of Ocean Energy Management, Regulation and Enforcement after May 1, 2010. TITLE II--JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO OUTER CONTINENTAL SHELF ACTIVITIES IN THE GULF OF MEXICO SEC. 201. DEFINITIONS FOR TITLE. In this title-- (1) the term ``covered civil action'' means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action (as defined for the purposes of that section) affecting a covered energy project in the Gulf of Mexico; and (2) the term ``covered energy project'' means the leasing of Federal lands of the Outer Continental Shelf (including submerged lands) for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy in the Gulf of Mexico, and any action under such a lease, except that the term does not include any disputes between the parties to a lease regarding the obligations under such lease, including regarding any alleged breach of the lease. SEC. 202. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED ENERGY PROJECTS IN THE GULF OF MEXICO. Venue for any covered civil action shall not lie in any district court not within the 5th circuit unless there is no proper venue in any court within that circuit. SEC. 203. TIME LIMITATION ON FILING. A covered civil action is barred unless filed no later than the end of the 60-day period beginning on the date of the final Federal agency action to which it relates. SEC. 204. EXPEDITION IN HEARING AND DETERMINING THE ACTION. The court shall endeavor to hear and determine any covered civil action as expeditiously as possible. SEC. 205. STANDARD OF REVIEW. In any judicial review of a covered civil action, administrative findings and conclusions relating to the challenged Federal action or decision shall be presumed to be correct, and the presumption may be rebutted only by the preponderance of the evidence contained in the administrative record. SEC. 206. LIMITATION ON PROSPECTIVE RELIEF. In a covered civil action, the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct that violation. SEC. 207. LIMITATION ON ATTORNEYS' FEES. Sections 504 of title 5, United States Code, and 2412 of title 28, United States Code (together commonly called the Equal Access to Justice Act) do not apply to a covered civil action, nor shall any party in such a covered civil action receive payment from the Federal Government for their attorneys' fees, expenses, and other court costs. TITLE III--RESTARTING AMERICAN OFFSHORE LEASING NOW ACT SEC. 301. SHORT TITLE. This title may be cited as the ``Restarting American Offshore Leasing Now Act''. SEC. 302. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 216 IN THE CENTRAL GULF OF MEXICO. (a) In General.--The Secretary of the Interior shall conduct offshore oil and gas Lease Sale 216 under section 8 of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, but not later than 4 months after the date of enactment of this Act. (b) Environmental Review.--For the purposes of that lease sale, the Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and the Multi-Sale Environmental Impact Statement are deemed to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 303. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 218 IN THE WESTERN GULF OF MEXICO. (a) In General.--The Secretary of the Interior shall conduct offshore oil and gas Lease Sale 218 under section 8 of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, but not later than 8 months after the date of enactment of this Act. (b) Environmental Review.--For the purposes of that lease sale, the Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and the Multi-Sale Environmental Impact Statement are deemed to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 304. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 220 ON THE OUTER CONTINENTAL SHELF OFFSHORE VIRGINIA. (a) In General.--The Secretary of the Interior shall conduct offshore oil and gas Lease Sale 220 under section 8 of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, but not later than one year after the date of enactment of this Act. (b) Prohibition on Conflicts With Military Operations.--The Secretary shall not make any tract available for leasing under this section if the President, through the Secretary of Defense, determines that drilling activity on that tract would create an unreasonable conflict with military operations. SEC. 305. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 222 IN THE CENTRAL GULF OF MEXICO. (a) In General.--The Secretary of the Interior shall conduct offshore oil and gas Lease Sale 222 under section 8 of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, but not later than June 1, 2012. (b) Environmental Review.--For the purposes of that lease sale, the Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and the Multi-Sale Environmental Impact Statement are deemed to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 306. DEFINITIONS. In this title: (1) The term ``Environmental Impact Statement for the 2007- 2012 5 Year OCS Plan'' means the Final Environmental Impact Statement for Outer Continental Shelf Oil and Gas Leasing Program: 2007-2012 (April 2007) prepared by the Secretary of the Interior. (2) The term ``Multi-Sale Environmental Impact Statement'' means the Environmental Impact Statement for Proposed Western Gulf of Mexico OCS Oil and Gas Lease Sales 204, 207, 210, 215, and 218, and Proposed Central Gulf of Mexico OCS Oil and Gas Lease Sales 205, 206, 208, 213, 216, and 222 (September 2008) prepared by the Secretary of the Interior. Passed the House of Representatives May 11, 2011. Attest: KAREN L. HAAS, Clerk.

Putting the Gulf of Mexico Back to Work Act - Title I: Amendment to the Outer Continental Shelf Lands Act - (Sec. 101) Amends the Outer Continental Shelf Lands Act to direct the Secretary of the Interior (who currently is only authorized) to require that any lessee operating under an approved exploration plan obtain: (1) a permit before drilling any well in accordance with such plan, and (2) a new permit before drilling any well of a design significantly different from the design for which an existing permit was issued. Prohibits the Secretary from issuing a permit without ensuring that the proposed drilling operations meet all: (1) critical safety system requirements including blowout prevention, and (2) oil spill response and containment requirements. Requires the Secretary to decide whether to issue a permit within 30 days after receiving an application. Allows up to two 15-day extensions of such deadline. Prescribes implementation procedures. Imposes a deadline for certain permit applications under existing leases. (Sec. 102) Directs the Secretary to extend by one year the term of an oil and gas lease (covered lease) for the Gulf of Mexico outer Continental Shelf (OCS) region that: (1) was not producing as of April 30, 2010; or (2) was suspended from operations, permit processing, or consideration in accordance with either the moratorium set forth in the Minerals Management Service Notice to Lessees and Operators No. 2010, or the decision memorandum regarding the suspension of certain offshore permitting and drilling activities on the OCS, dated July 12, 2010; and (3) by its terms would expire on or before December 31, 2011. States that the extension of such covered leases is in addition to any suspension of operations or of production granted by the Minerals Management Service or Bureau of Ocean Energy Management, Regulation and Enforcement after May 1, 2010. Title II: Judicial Review of Agency Actions Relating to Outer Continental Shelf Activities in the Gulf of Mexico - (Sec. 201) Defines a covered civil action as one seeking relief (other than money damages) and stating a claim that an agency or an agency officer or employee acted or failed to act in an official capacity or under color of legal authority regarding a covered energy project in the Gulf of Mexico. Defines such a covered energy project as the leasing of federal lands of the OCS (including submerged lands) for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy in the Gulf of Mexico, as well as any action under such a lease. Excludes from the meaning of covered energy project any disputes between the parties to a lease regarding the obligations under such lease, including any alleged breach of the lease. (Sec. 202) Establishes any district court within the Fifth Circuit as the exclusive venue for covered civil actions relating to covered energy projects in the Gulf of Mexico, unless there is no proper venue within that circuit. (Sec. 203) Bars a covered civil action unless it is filed within 60 days after the final federal action to which it relates. (Sec. 204) Requires the court to try to hear and determine any covered action as expeditiously as possible. (Sec. 205) Makes a presumption, in any judicial review of a covered civil action, that the administrative findings and conclusions relating to the challenged federal action or decision are correct. Allows rebuttal of this presumption only by the preponderance of the evidence contained in the administrative record. (Sec. 206) Prohibits a court from granting or approving any prospective relief unless it finds that such relief: (1) is narrowly drawn, (2) extends no further than necessary to correct the violation of a legal requirement, and (3) is the least intrusive means necessary to correct the violation. (Sec. 207) Prohibits federal payment of attorneys' fees, expenses, and other court costs to any party in a covered civil action under this Act. Title III: Restarting American Offshore Leasing Now Act - Restarting American Offshore Leasing Now Act - (Sec. 302) Directs the Secretary of the Interior to conduct specified proposed offshore oil and gas lease sales as follows: (1) lease sale 216 in the Central Gulf of Mexico within four months after enactment of this Act; (2) lease sale 218 in the Western Gulf of Mexico within eight months after enactment of this Act; (3) lease sale 220 on the Outer Continental Shelf offshore Virginia within one year after enactment of this Act; and (4) lease sale 222 in the Central Gulf of Mexico no later than June 1, 2012. (Sec. 304) Prohibits the Secretary from making any Offshore Virginia tract available for leasing if it would conflict with military operations. Declares that, for purposes of such proposed lease sales, specified Environmental Impact Statements are deemed to satisfy the requirements of the National Environmental Policy Act of 1969.

To amend the Outer Continental Shelf Lands Act to facilitate the safe and timely production of American energy resources from the Gulf of Mexico, to require the Secretary of the Interior to conduct certain offshore oil and gas lease sales, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tiahrt Restrictions Repeal Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Tiahrt Amendments severely limit the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to disclose crime gun trace data to the public. (2) The Tiahrt Amendments prevent the collection of valuable information, and the establishment of effective policies to prevent illegal guns from being used in crimes. (3) The Tiahrt Amendments impede enforcement of the gun laws by requiring most background check records to be destroyed within 24 hours, and by barring the Government from requiring annual inventory audits by owners of gun shops. (4) A 2012 study by researchers at Johns Hopkins Bloomberg School of Public Health found that the Tiahrt Amendments dramatically increased gun sales to criminals. (5) A 2016 study from the University of Pittsburgh Graduate School of Public Health found that in 2008, 79 percent of all guns recovered by police from crime scenes belonged to someone other than the perpetrator--30 percent had been stolen. (6) A gun is stolen in the United States every 2 minutes. (7) Every year, nearly 115,000 Americans are shot. (8) In 2016, 38,658 Americans were killed with a gun. (9) In 2016, 289,223 firearms were recovered and traced in the United States, of which 211,384 were traced to a final retail purchaser. (10) Having effective policies to prevent illegal gun trafficking makes our families and communities safer. (11) Repealing the Tiahrt Amendments would support law enforcement efforts and give the public vital information needed to craft the most effective policies against illegal guns. SEC. 3. REPEAL OF CERTAIN LIMITATIONS ON THE USE OF DATABASE INFORMATION OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (a) The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610) is amended by striking the 6th proviso. (b) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated Appropriations Act, 2010 (18 U.S.C. 923 note; Public Law 111-117; 123 Stat. 3128-3129) is amended by striking ``beginning in fiscal year 2010 and thereafter'' and inserting ``in fiscal year 2010''. (c) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Omnibus Appropriations Act, 2009 (18 U.S.C. 923 note; Public Law 111-8; 123 Stat. 574-576) is amended by striking ``beginning in fiscal year 2009 and thereafter'' and inserting ``in fiscal year 2009''. (d) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated Appropriations Act, 2008 (18 U.S.C. 923 note; Public Law 110-161; 121 Stat. 1903-1904) is amended by striking ``beginning in fiscal year 2008 and thereafter'' and inserting ``in fiscal year 2008''. (e) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (18 U.S.C. 923 note; Public Law 109-108; 119 Stat. 2295-2296) is amended by striking ``with respect to any fiscal year''. (f) The 6th proviso under the heading in title I of division B of the Consolidated Appropriations Act, 2005 (18 U.S.C. 923 note; Public Law 108-447; 118 Stat. 2859-2860) is amended by striking ``with respect to any fiscal year''. SEC. 4. REPEAL OF LIMITATION ON IMPOSITION OF REQUIREMENT THAT FIREARMS DEALERS TO CONDUCT PHYSICAL CHECK OF FIREARMS INVENTORY. The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610) is amended by striking the 7th proviso. SEC. 5. REPEAL OF REQUIREMENT TO DESTROY INSTANT CRIMINAL BACKGROUND CHECK RECORDS WITHIN 24 HOURS. Section 511 of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 note; Public Law 112-55; 125 Stat. 632) is amended-- (1) by striking ``for--'' and all that follows through ``(1)''; and (2) by striking the semicolon and all that follows and inserting a period.

Tiahrt Restrictions Repeal Act This bill amends several appropriations laws to remove limitations on the authority of the Bureau of Alcohol, Tobacco, Firearms and Explosives to conduct activities related to the administration of federal firearms laws. Specifically, the bill removes provisions that: limit the use of firearms tracing data, prohibit the imposition of a requirement that firearms dealers conduct a physical inventory, require national instant criminal background check records to be destroyed within 24 hours.

Tiahrt Restrictions Repeal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Predatory Lending Deterrence Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``affiliate'' and ``subsidiary'' have the same meanings as in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841); (2) the terms ``appropriate Federal financial supervisory agency'' and ``regulated financial institution'' have the same meanings as in section 803 of the Community Reinvestment Act of 1977 (12 U.S.C. 2902); and (3) the terms ``consumer'', ``creditor'', and ``open end credit plan'' have the same meanings as in section 103 of the Truth in Lending Act (15 U.S.C. 1602). SEC. 3. THRESHOLDS. Section 103(aa)(1) of the Truth in Lending Act (15 U.S.C. 1602(aa)(1)) is amended-- (1) in subparagraph (A), by striking ``10 percentage'' and inserting ``8 percentage''; and (2) in subparagraph (B), by striking clauses (i) and (ii), and inserting the following: ``(i) 4 percent of the total loan amount, if the total loan amount is not less than $20,000; or ``(ii) the lesser of 5 percent of the total loan amount or $800, if the total loan amount is less than $20,000, excluding from the amount of points and fees-- ``(I) not more than 2 bona fide loan discount points payable by the consumer in connection with the loan transaction, if the interest rate from which the interest rate on the loan will be discounted does not exceed by more than 1 percentage point the required net yield for a 90-day standard mandatory delivery commitment for a reasonably comparable loan from either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whichever is greater; and ``(II) not more than 1 bona fide loan discount point payable by the consumer in connection with the loan transaction, if the interest rate from which the interest rate on the loan will be discounted does not exceed by more than 2 percentage points the required net yield for a 90-day standard mandatory delivery commitment for a reasonably comparable loan from either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whichever is greater.''. SEC. 4. PROHIBITIONS AND LIMITATIONS REGARDING HIGH COST HOME LOANS. (a) In General.--Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended-- (1) in the section heading, by inserting ``high cost'' after ``certain''; (2) by striking subsections (c) through (k); (3) by redesignating subsection (l) as subsection (n); and (4) by inserting after subsection (b) the following: ``(c) Prohibition on Balloon Payments.-- ``(1) In general.--A mortgage referred to in section 103(aa) may not contain terms under which any scheduled payment is more than twice the amount of the average of all other regular periodic payments. ``(2) Construction.--Paragraph (1) does not prohibit a payment schedule adjusted for the seasonal or irregular income of the consumer. ``(d) Prohibition on Negative Amortization.--A mortgage referred to in section 103(aa) may not contain terms under which the repayment schedule of regular periodic payments does not cover the full amount of interest due, causing the principal balance to increase. ``(e) Prohibition on Prepaid Payments.--A mortgage referred to in section 103(aa) may not contain terms under which more than 2 periodic payments required under the loan are consolidated and paid in advance from the loan proceeds provided to the consumer. ``(f) Consideration of Ability To Repay; Mandatory Credit Counseling.--No creditor may extend a mortgage referred to in section 103(aa) unless-- ``(1) at the time at which the loan is consummated, the total monthly debts of the obligor, including amounts owed under the loan, do not exceed 50 percent of the monthly gross income of the obligor, as verified by the credit application, the financial statement of the obligor, a credit report, financial information provided to the creditor by or on behalf of the obligor, or any other reasonable means; and ``(2) the creditor has first received certification that the consumer has received counseling on the advisability of the loan transaction from a counselor approved by the United States Department of Housing and Urban Development, a State housing financing agency, or other appropriate regulatory agency. ``(g) Requirements for Payments Under Home Improvement Contracts.-- A creditor shall not make a payment to a contractor under a home improvement contract from amounts extended as credit under a mortgage referred to in section 103(aa), other than-- ``(1) in the form of an instrument that is payable to the consumer or jointly to the consumer and the contractor; or ``(2) at the election of the consumer, by a third party escrow agent in accordance with terms established in a written agreement signed by the consumer, the creditor, and the contractor before the date of payment. ``(h) Prohibition on Call Provisions.-- ``(1) In general.--A mortgage referred to in section 103(aa) may not contain terms that permit the creditor, in the sole discretion of the creditor, to accelerate repayment of the indebtedness. ``(2) Construction.--Paragraph (1) does not apply when repayment of the loan has been accelerated by default, pursuant to a due-on-sale provision, or pursuant to some other provision of the loan documents unrelated to the payment schedule. ``(i) Prohibition on Modification or Deferral Fees.--No creditor may charge a consumer any fee or other charge to modify, renew, extend, or amend a mortgage referred to in section 103(aa), or to defer any payment due under the terms of any such mortgage. ``(j) Prohibition on Mandatory Arbitration.--A mortgage referred to in section 103(aa) may not contain terms that require arbitration of disputes or that limit in any way the right of the consumer to seek relief through the judicial process. ``(k) Prohibition on Financing of Fees or Charges.--No creditor may extend a mortgage referred to in section 103(aa) that directly or indirectly finances-- ``(1) any prepayment fees or penalties payable by the consumer in a refinancing transaction, if the creditor or an affiliate of the creditor is also the creditor with respect to the obligation being refinanced; ``(2) any points or fees; or ``(3) any other charges payable to third parties. ``(l) Prohibition on Benefit From Refinancing Existing Loan With New Loan.--No creditor may charge a consumer points and fees or other charges in connection with the extension of a mortgage referred to in section 103(aa) if the proceeds of the loan are used to refinance an existing mortgage referred to in section 103(aa) that is held by the same creditor. ``(m) Securitization.--Any person that purchases (in whole or in part) an interest in a mortgage referred to in section 103(aa) shall exercise due diligence before such purchase in determining whether the requirements of this section have been met with respect to the mortgage.''. SEC. 5. ADDITITIONAL DEFINITIONS. Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended by adding at the end the following: ``(cc) Affiliate.--The term `affiliate' has the same meaning as in section 2(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(k)). ``(dd) Bona Fide Loan Discount Points.--The term `bona fide loan discount points' means loan discount points knowingly paid by the consumer that results in a reduction of the interest rate or time-price differential applicable to the subject loan, if the amount of the interest rate reduction purchased by the discount points is reasonable, as determined by the Board. ``(ee) Points and Fees.--The term `points and fees'-- ``(1) means-- ``(A) finance charges (other than interest or the time-price differential), as defined by rule or regulation of the Board; ``(B) real estate related fees, as defined by rule or regulation of the Board, but only if the creditor receives direct or indirect compensation in connection with the charge, or the charge is paid to an affiliate of the creditor; ``(C) all compensation paid directly or indirectly to a mortgage broker, including a broker that originates a loan in its own name in a table funded transaction, that is not otherwise included under subparagraph (A) or (B); ``(D) all premiums financed by the creditor, directly or indirectly, for any credit life insurance, credit disability insurance, or credit unemployment insurance, or any other life or health insurance (other than insurance premiums calculated and paid on a monthly basis); and ``(E) all prepayment fees or penalties included in the loan documents; and ``(2) does not include-- ``(A) taxes, filing fees, recording and other charges and fees paid or to be paid to public officials for determining the existence of or for perfecting, releasing, or satisfying a security interest; or ``(B) fees paid to a person other than the creditor or an affiliate of the creditor, or to the mortgage broker or an affiliate of the mortgage broker, with respect to-- ``(i) flood certification; ``(ii) pest infestation determinations; ``(iii) appraisals; ``(iv) inspections performed prior to consummation of the transaction; ``(v) credit reports; ``(vi) surveys; ``(vii) attorneys' fees (if the consumer has the right to select the attorney from an approved list or otherwise) or notary fees; ``(viii) escrow charges, if otherwise not included under subparagraph (A); or ``(ix) title and flood insurance premiums, subject to the rules and regulations of the Board. ``(ff) Obligor.--The term `obligor' means each consumer, coconsumer, cosigner, or guarantor obligated to repay a subject loan or other debt. ``(gg) Table Funded Transaction.--The term `table funded transaction' means a settlement at which a mortgage loan is funded by an advance of loan funds in which there is a subsequent assignment of the loan from the person identified as the creditor in the loan documents to the person advancing the funds. ``(hh) Total Loan Amount.--The term `total loan amount' has the meaning given the term by rule or regulation of the Board.''. SEC. 6. PROHIBITIONS AND LIMITATIONS REGARDING ALL MORTGAGE LOANS. (a) In General.--The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after section 129 the following new section: ``SEC. 129A. REQUIREMENTS AND LIMITATIONS FOR ALL MORTGAGES. ``(a) Prohibition on Prepayment Penalties.--A residential mortgage transaction may not include terms under which a consumer must pay a prepayment penalty for paying all or part of the principal before the date on which the principal is due. ``(b) Limitations With Respect to Default.-- ``(1) No encouragement of default.--A creditor may not recommend or encourage default on an existing loan or other debt prior to or in connection with a residential mortgage transaction that refinances all or a portion of that existing loan or debt. ``(2) No higher rate.-- ``(A) In general.--A residential mortgage transaction may not include terms under which the interest rate mortgage that applies after default is higher than the interest rate that applies before default. ``(B) Construction.--Subparagraph (A) does not apply to interest rate changes on a variable rate mortgage loan that result from a change in the annual percentage rate. ``(c) Prohibition on Financing of Insurance Premiums.-- ``(1) In general.--A residential mortgage transaction may not include terms under which any credit life insurance, credit disability insurance, credit unemployment insurance, or any other life or health insurance premiums are financed, directly or indirectly, under the extension of credit. ``(2) Construction.--For purposes of paragraph (1), insurance premiums calculated and paid by the consumer on a monthly basis shall not be considered to be financed by the creditor, but only if the consumer has the option to cancel the insurance coverage (and related premiums) at any time. ``(d) Limitation on Refinancing.--No creditor may knowingly or intentionally engage in the act or practice of entering into a residential mortgage transaction that refinances an existing mortgage unless the new extension of credit is of tangible net benefit to the consumer, after consideration of-- ``(1) the terms of both the new and refinanced loans; ``(2) the cost of the new loan; and ``(3) and the ability of the consumer to repay the new loan.''. (b) Clerical Amendment.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended in the table of contents by inserting after the item relating to section 129 the following: ``129A. Requirements and limitations for all mortgages.''. SEC. 7. ENFORCEMENT. (a) Board of Governors of the Federal Reserve System.--In addition to any other applicable penalties, any person that violates section 129 of the Truth in Lending Act (15 U.S.C. 1639), as amended by this Act, shall be subject to the penalties contained in subsections (a) and (b) of section 8 of the Bank Holding Company Act of 1956 (12 U.S.C. 1847), and the authority of the Board of Governors of the Federal Reserve System under those subsections. (b) Unfair or Deceptive Acts or Practices.-- (1) In general.--A creditor shall be deemed to have engaged in an unfair or deceptive act or practice under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) if it intentionally-- (A) structures a mortgage referred to in section 103(aa) of the Truth in Lending Act (15 U.S.C. 1602(aa)) as an open end credit plan; (B) provides misleading information to a consumer or otherwise engages in fraudulent behavior with respect to such a mortgage; or (C) engages in any subterfuge in connection with such a mortgage intended to misrepresent the specific terms or conditions of the credit agreement. (2) Enforcement.--All enforcement authority of the Federal Trade Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) shall apply with respect to an act or practice described in paragraph (1) in the same manner and to the same extent that such authority otherwise applies to unfair or deceptive acts or practices under that Act. SEC. 8. EFFECT ON OTHER LAWS. The extension of credit in the form of a mortgage referred to in section 103(aa) of the Truth in Lending Act (15 U.S.C. 1602(aa)), as amended by this Act, may not be taken into consideration by the appropriate Federal financial supervisory agency for purposes of assessing the record of a regulated financial institution that is the creditor or an affiliate or subsidiary of the creditor in such transaction, in meeting the credit needs of its entire community for purposes of the Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.).

(Sec. 4) Sets forth proscriptions and limitations governing high cost home loans including: (1) a proscription against balloon payments; (2) a proscription against a repayment schedule whose regular periodic payments do not cover the full amount of interest due (causing the principal balance to increase); (3) a proscription against prepaid payments; (4) mandatory creditor consideration of debtor's repayment ability; (5) restrictions on creditor's payments under home improvement contracts; (6) a proscription against creditor's sole discretion to accelerate debt repayment; (7) a proscription against modification or deferral fees; (8) a proscription against financing of fees or charges; and (9) a proscription against creditor's benefit from refinancing an existing loan with a new loan. (Sec. 6) Sets forth additional requirements and limitations for all mortgages, including prohibiting a residential mortgage transaction creditor from: (1) imposing a penalty for prepayment of all or part of the principal; (2) encouraging default on a prior debt or applying a higher post default interest rate mortgage; and (3) financing insurance premiums under the residential mortgage transaction extension of credit. (Sec. 7) Subjects violations of this Act to certain penalties of the Bank Holding Company Act of 1956 and to the authority of the Board of Governors of the Federal Reserve System. Subjects certain creditor violations to Federal Trade Commission Act penalties with respect to unfair or deceptive practices.

Predatory Lending Deterrence Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamlined and Improved Methods at Polling Locations and Early (SIMPLE) Voting Act of 2013''. SEC. 2. MINIMUM REQUIREMENTS FOR EARLY VOTING AND FOR REDUCING WAITING TIMES FOR VOTERS IN FEDERAL ELECTIONS. (a) Requirements for States.-- (1) In general.--Subtitle A of title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended-- (A) by redesignating sections 304 and 305 as sections 306 and 307; and (B) by inserting after section 303 the following new sections: ``SEC. 304. EARLY VOTING. ``(a) In General.--Each State shall allow individuals to vote in an election for Federal office on each day occurring during the 15-day period which ends on the second day immediately preceding the date of the election, in the same manner as voting is allowed on such date. ``(b) Minimum Early Voting Requirements.--Each polling place which allows voting prior to the date of a Federal election pursuant to subsection (a) shall-- ``(1) allow such voting for not less than 10 hours on each day; and ``(2) have uniform hours each day for which such voting occurs. ``(c) Location of Polling Places Near Public Transportation.--To the greatest extent practicable, a State shall ensure that each polling place which allows voting prior to the date of a Federal election pursuant to subsection (a) is located within reasonable walking distance of a stop on a public transportation route. ``(d) Standards.-- ``(1) In general.--The Commission shall issue standards for the administration of voting prior to the date scheduled for a Federal election. Such standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. ``(2) Deviation.--The standards described in paragraph (1) shall permit States, upon providing adequate public notice, to deviate from any requirement in the case of unforeseen circumstances such as a natural disaster, terrorist attack, or a change in voter turnout. ``(e) Effective Date.--This section shall apply with respect to elections held on or after January 1, 2014. ``SEC. 305. PREVENTING UNREASONABLE WAITING TIMES FOR VOTERS. ``(a) Preventing Unreasonable Waiting Times.-- ``(1) In general.--Each State shall provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in any election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, to ensure-- ``(A) a fair and equitable waiting time for all voters in the State; and ``(B) that no individual will be required to wait longer than one hour to cast a ballot at the polling place. ``(2) Criteria.--In determining the number of voting systems, poll workers, and other election resources provided at a polling place for purposes of paragraph (1), the State shall take into account the following factors: ``(A) The voting age population. ``(B) Voter turnout in past elections. ``(C) The number of voters registered. ``(D) The number of voters who have registered since the most recent Federal election. ``(E) Census data for the population served by the polling place, such as the proportion of the voting-age population who are under 25 years of age or who are naturalized citizens. ``(F) The needs and numbers of voters with disabilities and voters with limited English proficiency. ``(G) The type of voting systems used. ``(H) The length and complexity of initiatives, referenda, and other questions on the ballot. ``(I) Such other factors, including relevant demographic factors relating to the population served by the polling place, as the State considers appropriate. ``(3) Guidelines.--Not later than 180 days after the date of the enactment of this section, the Commission shall establish and publish guidelines to assist States in meeting the requirements of this subsection. ``(4) Rule of construction.--Nothing in this subsection may be construed to authorize a State to meet the requirements of this subsection by closing any polling place, prohibiting an individual from entering a line at a polling place, or refusing to permit an individual who has arrived at a polling place prior to closing time from voting at the polling place. ``(b) Development and Implementation of Contingency Plans.-- ``(1) In general.--Each State shall develop, and implement to the greatest extent practicable, a contingency plan under which the State shall provide additional poll workers, machines, ballots, and other equipment and supplies (as the case may be) on the date of the election to any polling place used in an election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, at which waiting times exceed one hour. ``(2) Approval of plan by commission.--The State shall ensure that the contingency plan developed under paragraph (1) is approved by the Commission prior to the date of the election involved, in accordance with such procedures as the Commission may establish. ``(c) Effective Date.--This section shall apply with respect to elections held on or after January 1, 2014.''. (2) Clerical amendment.--The table of contents of such Act is amended-- (A) by redesignating the items relating to sections 304 and 305 as relating to sections 306 and 307; and (B) by inserting after the item relating to section 303 the following new items: ``Sec. 304. Early voting. ``Sec. 305. Preventing unreasonable waiting times for voters.''. (b) Report by Election Assistance Commission.--Not later than June 30 of each odd-numbered year, the Election Assistance Commission shall submit to Congress a report assessing the impact of sections 304 and 305 of the Help America Vote Act of 2002 (as added by subsection (a)) on the administration of elections for Federal office during the preceding 2-year period, and shall include in the report such recommendations as the Commission considers appropriate. (c) No Effect on Authority of State To Provide for Longer Periods of Early Voting or Greater Amount of Resources at Polling Places.-- Nothing in this section or in any amendment made by this section may be construed to prohibit a State, with respect to any election for Federal office-- (1) from providing (in an equitable and nondiscriminatory manner) a longer period for early voting than the minimum period required under section 304 of the Help America Vote Act of 2002 (as added by subsection (a)); or (2) from providing (in an equitable and nondiscriminatory manner) a greater number of systems, poll workers, and other election resources at any polling place than the minimum number required under section 305 of such Act (as added by subsection (a)). SEC. 3. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT OF UNIFORM AND NONDISCRIMINATORY STANDARDS. (a) In General.--Section 302 of the Help America Vote Act of 2002 (42 U.S.C. 15482) is amended-- (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following new subsections: ``(d) Statewide Counting of Provisional Ballots.-- ``(1) In general.--For purposes of subsection (a)(4), notwithstanding the precinct or polling place at which a provisional ballot is cast within the State, the appropriate election official shall count each vote on such ballot for each election in which the individual who cast such ballot is eligible to vote. ``(2) Effective date.--This subsection shall apply with respect to elections held on or after January 1, 2014. ``(e) Uniform and Nondiscriminatory Standards.-- ``(1) In general.--Consistent with the requirements of this section, each State shall establish uniform and nondiscriminatory standards for the issuance, handling, and counting of provisional ballots. ``(2) Effective date.--This subsection shall apply with respect to elections held on or after January 1, 2014.''. (b) Conforming Amendment.--Section 302(f) of such Act (42 U.S.C. 15482(f)), as redesignated by subsection (a), is amended by striking ``Each State'' and inserting ``Except as provided in subsections (d)(2) and (e)(2), each State''. SEC. 4. AVAILABILITY OF CIVIL PENALTIES AND PRIVATE RIGHTS OF ACTION TO ENFORCE HELP AMERICA VOTE ACT OF 2002. (a) Availability of Civil Penalties and Private Rights of Action.-- Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511) is amended to read as follows: ``SEC. 401. ENFORCEMENT. ``(a) Action by Attorney General.-- ``(1) In general.--The Attorney General may bring a civil action against any State or jurisdiction in an appropriate United States District Court for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order) as may be necessary to carry out the requirements of subtitle A of title III. ``(2) Assessment of civil money penalty.--In a civil action brought under paragraph (1), if the court finds that the State or jurisdiction violated any provision of subtitle A of title III, it may, to vindicate the public interest, assess a civil penalty against the State or jurisdiction-- ``(A) in an amount not to exceed $110,000 for each such violation, in the case of a first violation; or ``(B) in an amount not to exceed $220,000 for each such violation, for any subsequent violation. ``(3) Intervention.--Upon timely application, a person aggrieved by a violation of subtitle A of title III with respect to which a civil action is commenced under paragraph (1) may intervene in such action, and may obtain such appropriate relief as the person could obtain in a civil action under subsection (b) with respect to that violation, along with costs and a reasonable attorney fee. ``(4) Report to congress.--Not later than December 31 of each year, the Attorney General shall submit to Congress an annual report on any civil action brought under paragraph (1) during the preceding year. ``(b) Private Right of Action.-- ``(1) Availability.--A person who is aggrieved by a State's or jurisdiction's violation of subtitle A of title III may bring a civil action in an appropriate United States District Court for such declaratory or injunctive relief as may be necessary to carry out the requirements of such subtitle. ``(2) Costs and attorney fees.--The court may award to a person aggrieved by a violation of subtitle A of title III who prevails in an action brought under paragraph (1) the costs of the action, including a reasonable attorney fee.''. (b) Clerical Amendment.--The table of contents of such Act is amended by amending the item relating to section 401 to read as follows: ``Sec. 401. Enforcement.''. (c) Effective Date.--The amendments made by this section shall apply with respect to violations alleged to have occurred on or after the date of the enactment of this Act.

Streamlined and Improved Methods at Polling Locations and Early (SIMPLE) Voting Act of 2013 - Amends the Help America Vote Act of 2002 (HAVA) to require each state to allow individuals to vote in a federal election on each day during the 15-day period ending on the second day immediately preceding the election date in the same manner as voting is allowed on election day. Requires a state to ensure that each polling place that allows early voting in a federal election is located within reasonable walking distance of a stop on a public transportation route. Requires the Election Assistance Commission to issue standards for the administration of early voting in a federal election. Requires each state to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in a federal election to ensure: (1) a fair and equitable waiting time for all voters in the state, and (2) that no individual will be required to wait longer than one hour to cast a ballot at the polling place. Requires each state to develop, and implement to the greatest extent practicable, a contingency plan under which it shall provide any polling place on a federal election day whose waiting times exceed one hour with additional poll workers, machines, ballots, and other equipment and supplies, including a polling place at which individuals may cast ballots before the election date. Requires the Commission to report to Congress biennially on the impact of this Act's early voting and waiting time provisions on the administration of elections for federal office. Prescribes requirements for the counting of provisional ballots that will be treated as votes. Allows civil money penalties, intervention by aggrieved parties, and private actions to address HAVA violations by a state or jurisdiction.

Streamlined and Improved Methods at Polling Locations and Early (SIMPLE) Voting Act of 2013

SECTION 1. REPEAL OF 1993 INCREASES IN HIGHWAY MOTOR FUEL TAXES. (a) Highway Gasoline.--Clause (i) of section 4081(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``18.3 cents'' and inserting ``14 cents''. (b) Diesel Fuel and Kerosene.--Clause (iii) of section 4081(a)(2)(A) of such Code is amended by striking ``24.3 cents'' and inserting ``20 cents''. (c) Technical Amendments.-- (1) Subparagraph (B) of section 40(e)(1) of such Code is amended by striking ``during which the rates of tax under section 4081(a)(2)(A) are 4.3 cents per gallon'' and inserting ``during which the rate of tax under section 4081(a)(2)(A)(i) does not apply''. (2) Subparagraph (A) of section 4041(a)(1) of such Code is amended by striking ``or a diesel-powered train'' each place it appears and by striking ``or train''. (3) Subparagraph (C) of section 4041(a)(1) of such Code is amended by striking clause (ii) and by redesignating clause (iii) as clause (ii). (4) Subclause (I) of section 4041(a)(1)(C)(ii) of such Code, as redesignated by paragraph (3), is amended by striking ``7.3 cents'' and inserting ``3 cents'' and by striking ``4.3 cents per gallon'' and inserting ``zero''. (5) Subsection (a) of section 4041 of such Code is amended by striking paragraph (3). (6) Subparagraph (C) of section 4041(b)(1) of such Code is amended by striking all that follows ``section 6421(e)(2)'' and inserting a period. (7) Subparagraph (B) of section 4041(a)(2) of such Code is amended by striking all that follows clause (i) and inserting the following new clauses: ``(ii) 10.4 cents per gallon in the case of liquefied petroleum gas, and ``(iii) 9.1 cents per gallon in the case of liquefied natural gas.'' (8) Paragraph (3) of section 4041(c) of such Code is amended to read as follows: ``(3) Termination.--The rate of the taxes imposed by paragraph (1) shall be zero after September 30, 2007.'' (9) Subsection (d) of section 4041 of such Code is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Diesel fuel used in trains.--There is hereby imposed a tax of 0.1 cent per gallon on any liquid other than gasoline (as defined in section 4083)-- ``(A) sold by any person to an owner, lessee, or other operator of a diesel-powered train for use as a fuel in such train, or ``(B) used by any person as a fuel in a diesel- powered train unless there was a taxable sale of such fuel under subparagraph (A). No tax shall be imposed by this paragraph on the sale or use of any liquid if tax was imposed on such liquid under section 4081.'' (10) Clauses (i) and (ii) of section 4041(m)(1)(A) of such Code are amended to read as follows: ``(i) 7 cents per gallon on and after the date of the enactment of this clause and before October 1, 2005, and ``(ii) zero after September 30, 2005, and''. (11) Subsection (c) of section 4081 of such Code is amended by striking paragraph (6) and by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively. (12) Paragraph (1) of section 4081(d) of such Code is amended by striking ``4.3 cents per gallon'' and inserting ``zero''. (13) Subsection (f) of section 4082 of such Code is amended by striking ``section 4041(a)(1)'' and inserting ``subsections (d)(3) and (a)(1) of section 4041, respectively''. (14) Paragraph (3) of section 4083(a) of such Code is amended by striking ``or a diesel-powered train''. (15) Paragraph (3) of section 6421(f) of such Code is amended to read as follows: ``(3) Gasoline used in trains.--In the case of gasoline used as a fuel in a train, this section shall not apply with respect to the Leaking Underground Storage Tank Trust Fund financing rate under section 4081.'' (16) Subparagraph (A) of section 6427(b)(2) of such Code is amended by striking ``7.4 cents'' and inserting ``3.1 cents''. (17) Paragraph (3) of section 6427(l) of such Code is amended to read as follows: ``(3) Refund of certain taxes on fuel used in diesel- powered trains.--For purposes of this subsection, the term `nontaxable use' includes fuel used in a diesel-powered train. The preceding sentence shall not apply to the tax imposed by section 4041(d) and the Leaking Underground Storage Tank Trust Fund financing rate under section 4081 except with respect to fuel sold for exclusive use by a State or any political subdivision thereof.'' (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. (e) Floor Stock Refunds.-- (1) In general.--If-- (A) before the date of the enactment of this Act, tax has been imposed under section 4081 of the Internal Revenue Code of 1986 on any liquid, and (B) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this subsection referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on such date. (2) Time for filing claims.--No credit or refund shall be allowed or made under this subsection unless-- (A) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the date of the enactment of this Act, based on a request submitted to the taxpayer before the date which is 3 months after such date of enactment, by the dealer who held the liquid on such date of enactment, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (3) Exception for fuel held in retail stocks.--No credit or refund shall be allowed under this subsection with respect to any liquid in retail stocks held at the place where intended to be sold at retail. (4) Definitions.--For purposes of this subsection, the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code. (5) Certain rules to apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this subsection.

Amends the Internal Revenue Code to reduce by 4.3 cents the tax on non-aviation gasoline, diesel fuel, and kerosene.

To amend the Internal Revenue Code of 1986 to repeal the 1993 4.3-cent increases in highway motor fuel taxes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Put School Counselors Where They're Needed Act''. SEC. 2. DEMONSTRATION PROJECT FOR ADDITIONAL SECONDARY SCHOOL COUNSELORS. (a) In General.--Part H of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6551 et seq.) is amended by adding at the end the following: ``Subpart 3--Demonstration Project for Additional Secondary School Counselors ``SEC. 1841. FINDINGS. ``Congress finds the following: ``(1) Nationally, only 70 percent of students graduate from high school with a regular high school diploma. ``(2) Every school day, 7,000 high school students in the United States become dropouts. ``(3) High school students living in low-income families drop out of school at 6 times the rate of their peers from high-income families. ``(4) Only about 55 percent of African-American students and 52 percent of Hispanic students graduate on time from high school with a regular diploma, compared to 78 percent of white students. ``(5) The dropout rate for students with disabilities is approximately twice that of general education students. ``(6) High school is the final transition into adulthood and the world of work as students begin separating from parents and exploring and defining their independence. Students who are deciding who they are and what they will do when they graduate face many pressures, including high-stakes testing, the challenges of college admissions, the scholarship and financial aid application process, and entrance into a competitive job market. They need guidance in these complex decisions, which have serious and life changing consequences. ``(7) School counseling programs are essential for students to achieve optimal personal growth, acquire positive social skills and values, set appropriate career goals, and realize full academic potential to become productive, contributing members of the world community. ``(8) Professional secondary school counselors are highly qualified educators with a mental health perspective who understand and respond to the challenges presented by today's diverse student population. ``(9) The professional secondary school counselor holds a master's degree or higher in school counseling (or the substantial equivalent), and is certified or licensed by the State in which the counselor works. ``(10) Professional secondary school counselors are integral to the total educational program. They provide proactive leadership that engages all stakeholders in the delivery of programs and services to help the student achieve success in school. Professional secondary school counselors align and work with the school's mission to support the academic achievement of all students as they prepare for the ever-changing world of the 21st century. ``(11) Professional secondary school counselors' opportunities to assist students are often hindered by extraordinarily high student-to-counselor ratios. Currently, the average student-to-counselor ratio in America's public schools is 479 to 1. The American School Counselor Association, the American Counseling Association, and the National Association for College Admissions Counseling all recommend a ratio of 1 school counselor to 250 students and a lower ratio for counselors working primarily with students at risk. ``SEC. 1842. DEMONSTRATION PROJECT. ``(a) In General.--From amounts made available to carry out this subpart, the Secretary shall carry out a demonstration project under which the Secretary makes grants on a competitive basis to secondary schools that receive funds under this title and have a 4-year adjusted cohort graduation rate of 60 percent or lower. ``(b) Grants.--A grant under this section shall be for a period of 4 years and may be used-- ``(1) to provide additional school counselors during that period; and ``(2) to provide additional resources (such as professional development expenses or travel expenses for home visits, and any services and materials referred to in subsection (d)) and to pay overhead expenses. ``(c) Sense of Congress.--It is the sense of Congress that a secondary school that receives a grant under this section should aim to provide, under subsection (b)(1), 1 additional counselor per 250 students at risk. ``(d) Scope of Counseling.--The additional school counselors provided with funds under this subpart shall identify students who are at risk of not graduating in 4 years and shall provide counseling primarily to those students. The counselors may identify such students at any time, but shall strive to identify the students before the students enter grade 9. Services shall be provided as long as necessary, including to the extent allowable and appropriate, after the student's cohort graduation date. The counseling provided-- ``(1) may include a full panoply of services, including an individual graduation plan and other resources, such as appropriate course placement and supplemental services (to include not only supplemental educational services tutoring if available at the school site, but also other tutoring as necessary, along with supplemental books and materials); and ``(2) shall include meetings with each student identified under this subsection and with the teachers, tutors, supplemental educational services providers, and parents of the student, and may also include meetings with other relevant individuals, such as a probation officer, mentor, coach, or employer of the student. ``(e) Supplement Not Supplant.--Funds provided under this subpart shall be used to supplement, and not supplant, funds from non-Federal sources available to carry out activities described in this section. The additional school counselors provided through funds under this subpart shall be in addition to any employees who work in the secondary school guidance or counseling office, such as counselors, college admissions specialists, career development specialists, guidance information specialists, or any other professional or paraprofessional. ``(f) Additional Grant Periods.-- ``(1) In general.--A secondary school that receives a grant under this section and demonstrates adequate improvement over the period of the grant is eligible to receive a second grant for a second period. If the secondary school again demonstrates adequate improvement over that second period, the school is eligible to receive a third grant for a third period. The third grant shall provide amounts that decrease for each year of the third period and require the school to provide corresponding increases in non-Federal funds. ``(2) Adequate improvement.--For purposes of paragraph (1), a school demonstrates adequate improvement over a grant period if the 4-year adjusted cohort graduation rate increases (or is projected to increase) by 10 percent or more over that period. ``(g) Selection.--The Secretary shall carry out the demonstration project under this section in not less than 10 schools. The first 5 schools selected to participate shall each be from a different State. ``SEC. 1843. DEFINITIONS. ``In this subpart: ``(1) 4-year adjusted cohort graduation rate.--The term `4- year adjusted cohort graduation rate' means the number of students who earned a regular high school diploma at the conclusion of their fourth year, before their fourth year, or during a summer session immediately following their fourth year, divided by the number of students who formed the adjusted cohort for that graduating class. ``(2) Adjusted cohort.-- ``(A) In general.--Subject to subparagraphs (B), (C), (D), (E), and (F), the term `adjusted cohort' means the students who entered grade 9 together, and any students that transferred into the cohort in grade 9 through 12 minus any students removed from the cohort as described in subparagraph (C). ``(B) Transfers in.--The term `transfers in' means enrolls or re-enrolls after the beginning of the entering cohort's first year in high school, up to and including in grade 12. ``(C) Cohort removal.--To remove students from a cohort, the school or local educational agency shall confirm that the student-- ``(i) has transferred out; ``(ii) is in the custody of the juvenile justice system; or ``(iii) is deceased. ``(D) Transfers out.-- ``(i) In general.--Subject to clauses (ii), (iii), and (iv), the term `transfers out' means transfers to another school, local educational agency, or other educational program from which the student is expected to receive a regular high school diploma. ``(ii) Confirmation.--Confirmation of a student's transfer to another school, local educational agency, or program requires formal documentation that the student enrolled in the receiving school. ``(iii) Not considered transfers.--A student who enrolls in a GED or other alternative educational program that does not issue or provide credits toward the issuance of a regular high school diploma shall not be considered to have transferred out for purposes of this subparagraph. ``(iv) Remain in cohort.--A student who was enrolled in a school, but for whom there is no confirmation of transfer or completion, may not be labeled a transfer or error, but shall remain in the cohort as a non-graduate for reporting and accountability purposes. ``(E) Treatment of other leavers and withdrawals.-- A student who was retained in a grade, enrolled in a GED program, or left school for any other reason may not be counted as a transfer out for the purpose of calculating graduation rates and shall remain in the adjusted cohort. ``(F) Special rule.--For those high schools that start after ninth grade, the cohort shall be calculated based on the earliest high school grade. ``(3) Regular high school diploma.-- ``(A) In general.--The term `regular high school diploma' means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma, and does not include GEDs, certificates of attendance, or any lesser diploma award. ``(B) Special rule.--For a student who has a significant cognitive disability and is assessed using an alternate assessment aligned to alternate achievement standards, receipt of a regular high school diploma or State-defined alternate diploma aligned with completion of the student's entitlement under the Individuals with Disabilities Education Act shall be counted as a graduate with a regular high school diploma for the purposes of this subpart. Not more than 1 percent of students in a school may be counted as graduates with a regular high school diploma under this subparagraph. ``SEC. 1844. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart $6,000,000 for each of fiscal years 2008 through 2011.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 1830 the following: ``subpart 3--demonstration project for additional secondary school counselors ``Sec. 1841. Findings. ``Sec. 1842. Demonstration project. ``Sec. 1843. Definitions. ``Sec. 1844. Authorization of appropriations.''.

Put School Counselors Where They're Needed Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to implement a demonstration project providing competitive, four-year grants to at least 10 secondary schools that have a four-year adjusted cohort graduation rate of 60% or lower, for the provision of additional school counselors and counselor resources. Expresses the sense of Congress that grantees should provide one additional counselor for every 250 students at risk. Requires the additional school counselors to serve primarily students identified as being at risk of not graduating in four years. Makes grantees that demonstrate progress in improving their graduation rates eligible for subsequent grants.

A bill to amend the Elementary and Secondary Education Act of 1965 to create a demonstration project to fund additional secondary school counselors in troubled title I schools to reduce the dropout rate.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Auction Reform Act of 2002''. SEC. 2. FINDINGS. The Congress finds the following: (1) Circumstances in the telecommunications market have changed dramatically since the auctioning of spectrum in the 700 megahertz band was originally mandated by Congress in 1997, raising serious questions as to whether the original deadlines, or the subsequent revision of the deadlines, are consistent with sound telecommunications policy and spectrum management principles. (2) No comprehensive plan yet exists for allocating additional spectrum for third-generation wireless and other advanced communications services. The Federal Communications Commission should have the flexibility to auction frequencies in the 700 megahertz band for such purposes. (3) The study being conducted by the National Telecommunications and Information Administration in consultation with the Department of Defense to determine whether the Department of Defense can share or relinquish additional spectrum for third-generation wireless and other advanced communications services will not be completed until after the June 19th auction date for the upper 700 megahertz band, and long after the applications must be filed to participate in the auction, thereby creating further uncertainty as to whether the frequencies in the 700 megahertz band will be put to their highest and best use for the benefit of consumers. (4) The Federal Communications Commission is also in the process of determining how to resolve the interference problems that exist in the 800 megahertz band, especially for public safety. One option being considered for the 800 megahertz band would involve the 700 megahertz band. The Commission should not hold the 700 megahertz auction before the 800 megahertz interference issues are resolved or a tenable plan has been conceived. (5) The 700 megahertz band is currently occupied by television broadcasters, and will be so until the transfer to digital television is completed. This situation creates a tremendous amount of uncertainty concerning when the spectrum will be available and reduces the value placed on the spectrum by potential bidders. The encumbrance of the 700 megahertz band reduces both the amount of money that the auction would be likely to produce and the probability that the spectrum would be purchased by the entities that valued the spectrum the most and would put the spectrum to its most productive use. (6) The Commission's rules governing voluntary mechanisms for vacating the 700 megahertz band by broadcast stations-- (A) produced no certainty that the band would be available for advanced mobile communications services, public safety operations, or other wireless services any earlier than the existing statutory framework provides; and (B) should advance the transition of digital television and must not result in the unjust enrichment of any incumbent licensee. SEC. 3. REPEAL OF DEADLINES FOR SPECTRUM AUCTIONS. (a) Communications Act of 1934.--Section 309(j)(14)(C)(ii) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)(C)(ii)) is amended by striking the second sentence. (b) Balanced Budget Act of 1997.--Section 3007 of the Balanced Budget Act of 1997 (111 Stat. 269) is amended by adding at the end the following new sentence: ``This section shall not apply to the band of frequencies between 698 and 806 megahertz, inclusive.''. (c) Consolidated Appropriations Act.--Paragraphs (2) and (3) of section 213(a) of H.R. 3425 of the 106th Congress, as enacted into law by section 1000(a)(5) of an Act making consolidated appropriations for the fiscal year ending September 30, 2000, and for other purposes (Public Law 106-113; 113 Stat. 1501A-295), are repealed. SEC. 4. TERMINATION OF SCHEDULED AUCTIONS. (a) Termination.--The Federal Communications Commission shall not commence or conduct auctions 31 and 44 on June 19, 2002, as specified in the public notices of March 19, 2002, and March 20, 2002 (DA 02-659 and DA 02-563). (b) Report.--Within one year after the date of enactment of this Act, the Commission shall submit a report to the Congress-- (1) specifying when the Commission intends to reschedule auctions 31 and 44; and (2) describing the progress made by the Commission in the digital television transition and in the assignment and allocation of additional spectrum for advanced mobile communications services that warrants the scheduling of such auctions.

Auction Reform Act of 2002 - Amends the Communications Act of 1934, the Balanced Budget Act of 1997, and other Federal law to repeal current deadlines for licenses for and auctioning of electromagnetic spectrum used by analog television broadcasters (which includes spectrum in the general 700 megahertz range). Prohibits the Federal Communications Commission (FCC) from commencing or conducting spectrum auctions 31 and 44, currently scheduled for June 19, 2002.Requires the FCC to report to Congress: (1) specifying when it intends to reschedule such auctions; and (2) describing progress made in the transition from analog to digital television and in the assignment and allocation of additional spectrum for advanced mobile communications services that warrants the scheduling of such auctions.

A bill to eliminate the deadlines for spectrum auctions of spectrum previously allocated to television broadcasting.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adolescent Web Awareness Requires Education Act'' or the ``AWARE Act''. SEC. 2. GRANT PROGRAM. (a) Authority To Make Grants.-- (1) In general.--Subject to subsection (e)(1), the Attorney General shall make grants to eligible entities to carry out an Internet crime awareness and cybercrime prevention program. (2) Period.--A grant under this section shall be for a 2- year period. (b) Application.--An eligible entity desiring a grant under this section shall submit an application to the Attorney General, which shall include-- (1) a description of the partnership arrangements, if any, of the eligible entity relating to the activities to be carried out with the grant; (2) a description of the measurable goals of the eligible entity relating to the activities to be carried out with the grant; (3) a description of how the Internet crime awareness and cybercrime prevention program of the eligible entity shall achieve the measurable goals described in paragraph (2); (4) a description of the plan of the eligible entity to continue to implement the Internet crime awareness and cybercrime prevention program after the grant under this section ends; (5) a description of how funds under the grant may be used and coordinated with Internet crime awareness and cybercrime prevention programs being carried out on the date of enactment of this Act or other Internet crime awareness and cybercrime prevention programs established with grants under this section; (6) a description of the target audience under the proposed Internet crime awareness and cybercrime prevention program; (7) a certification that the eligible entity enforces the operation of measures which prevent the Internet from being used to victimize children if the eligible entity provides Internet access to minors; and (8) any other information or assurances required by the Attorney General. (c) Prioritization.--In making grants under this section, the Attorney General shall give priority to an eligible entity that-- (1) identifies and targets children at-risk of engaging in cybercrimes or becoming crime victims; (2) works in partnership with the private sector, law enforcement, the philanthropic community, the media, researchers, social services organizations, or other community- based groups; (3) provides Internet crime awareness and cybercrime prevention programs at no cost to students or schools; (4) accommodates different languages and language proficiencies; (5) accommodates differing levels of technological sophistication; or (6) has a viable plan to sustain the Internet crime awareness and cybercrime prevention program after the grant program ends. (d) Use of Funds.--An eligible entity may use a grant under this section to-- (1) identify, develop, and implement Internet crime awareness and cybercrime prevention programs, including educational technology, multimedia and interactive applications, online resources, and lesson plans; (2) provide professional training to elementary and secondary school teachers, administrators, and other staff on crime awareness and cybercrime prevention; (3) educate parents about teaching their children how to protect themselves from becoming victims of Internet crime; (4) develop Internet crime awareness and cybercrime prevention programs for children; (5) train and support peer-driven Internet crime awareness and cybercrime prevention initiatives; (6) coordinate and fund research initiatives that investigate online risks to children and Internet crime awareness and cybercrime prevention; or (7) develop and implement public education campaigns to promote awareness of crimes against children on the Internet and the prevention of such crimes. (e) Grant Guidance.-- (1) In general.--Before making grants under this section, and not later than 1 month after the date on which the study under paragraph (3)(A) is completed, the Attorney General, in consultation with education groups, Internet crime awareness and cybercrime prevention groups, and other relevant experts in the field of new media and child safety, shall issue detailed guidance for the grant program under this section. (2) Contents of guidance.--The grant guidance shall be implemented by the Attorney General in accordance with best practices relating to Internet crime awareness and cybercrime prevention and the research-based recommendations derived from the study conducted under paragraph (3)(A). (3) Internet crime awareness and cybercrime prevention research.-- (A) Initial research.--The Attorney General shall enter into contracts with 1 or more private companies, government agencies, or nonprofit organizations to complete a study, not later than 6 months after the date of enactment of this Act, regarding-- (i) the nature, prevalence, and quality of Internet crime awareness and cybercrime prevention programs and any evidence-based research conducted relating to the programs; (ii) findings regarding which children are most at risk of becoming crime victims; (iii) gaps in Internet crime awareness and cybercrime prevention and youth online risk research; and (iv) any other area determined appropriate by the Attorney General. (B) Additional research.--Subject to the availability of appropriations, the Attorney General shall enter into contracts with private companies, government agencies, or nonprofit organizations to conduct additional research regarding the issues described in subparagraph (A). Any research conducted under this subparagraph shall be included in the reports under subsection (g)(3). (f) Technical Assistance.--The Attorney General shall provide technical assistance to eligible entities that receive a grant under this section, which may include maintaining a Web site to facilitate outreach and communication among the eligible entities that receive a grant under this section. (g) Reports.-- (1) Eligible entities.--An eligible entity that receives a grant under this section shall submit to the Attorney General and make public an annual report regarding the activities carried out using funds made available under the grant, which shall include-- (A) a description of how the eligible entity implemented the Internet crime awareness and cybercrime prevention program carried out with the grant; (B) a detailed description of the audience reached; (C) an analysis of whether and to what degree the goals for the Internet crime awareness and cybercrime prevention program were met; (D) an analysis of the challenges, if any, that interfered with achieving the goals described in subparagraph (C); (E) plans for future Internet crime awareness and cybercrime prevention programs; and (F) an accounting of the funds used. (2) Compilation of annual reports for revised grant guidance.--The Attorney General shall-- (A) review the report under paragraph (1) submitted by each eligible entity that receives a grant under this section during the first fiscal year for which grants under this section are made; and (B) not later than 6 months after the date on which all reports described in subparagraph (A) are submitted, modify, as appropriate, the grant guidance based on the reports. (3) Reports to congress.--Not later than 27 months after the date on which the Attorney General makes the first grant under this section, and annually thereafter, the Attorney General shall submit to Congress a report regarding the grant program under this section, which shall include-- (A) a compilation of the information and findings of the annual reports submitted under paragraph (1); (B) the findings and conclusions of the Attorney General, including findings and conclusions relating to the effectiveness of Internet crime awareness and cybercrime prevention programs carried out using a grant under this section; and (C) best practices identified by the Attorney General relating to Internet crime awareness and cybercrime prevention. (h) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Attorney General to carry out this section $25,000,000 for each of fiscal years 2010 through 2014. (2) Limitation.--Of amounts made available to carry out this section, not more than 5 percent shall be available to carry out subsections (e), (f), and (g)(2). SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a partnership between a State educational agency and 1 or more local educational agencies (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) of the State; (B) a local educational agency; (C) a nonprofit organization; or (D) a consortium of elementary schools or secondary schools (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) collaborating with an entity described in subparagraph (A), (B), or (C). (2) Grant guidance.--The term ``grant guidance'' means the grant guidance issued under section 2(e)(1). (3) Internet crime awareness and cybercrime prevention program.--The term ``Internet crime awareness and cybercrime prevention program'' means an age-appropriate, research-based program that prevents children from becoming the victims of Internet crime by encouraging safe and responsible use of the Internet, promoting an informed, critical understanding of Internet dangers, and educating children, parents, and communities about how to prevent or respond to problems or dangers related to the Internet or new media. (4) New media.--The term ``new media''-- (A) means emerging digital, computerized, or networked information and communication technologies that often have interactive capabilities; and (B) includes email, instant messaging, text messaging, Web sites, blogs, interactive gaming, social media, cell phones, and mobile devices. (5) Nonprofit.--The term ``nonprofit'' means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of that Code.

Adolescent Web Awareness Requires Education Act or the AWARE Act - Directs the Attorney General to: (1) make two-year grants to certain educational agencies, nonprofit organizations, and schools to carry out Internet crime awareness and cybercrime prevention programs; (2) grant priority in making such grants to entities that meet specified criteria, including the identification and targeting of children-at-risk of engaging in cybercrimes or becoming crime victims; (3) contract for research studies on Internet crime awareness and prevention; and (4) provide technical assistance and guidance to grant recipients. Authorizes grant recipients to use funds for specified purposes, including identifying, developing, and implementing Internet crime awareness and cybercrime prevention and public awareness programs, providing professional training to teachers and school personnel on cybercrime awareness and prevention, and coordinating and funding research to investigate online risks to children.

To promote crime awareness and cybercrime prevention initiatives, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Inter-Affiliate Swap Clarification Act''. SEC. 2. TREATMENT OF AFFILIATE TRANSACTIONS. (a) Commodity Exchange Act Amendments.-- (1) Treatment of affiliate transactions.--Section 1a(47) of the Commodity Exchange Act (7 U.S.C. 1a(47)), as added by section 721(a)(21) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by adding at the end the following: ``(G) Treatment of affiliate transactions.-- ``(i) In general.--For the purposes of any clearing and execution requirements under section 2(h) and any applicable margin and capital requirements of section 4s(e) and for purposes of defining `swap dealer' or `major swap participant', and reporting requirements other than those set forth in clause (ii), the term `swap' does not include any agreement, contract, or transaction that-- ``(I) would otherwise be included as a `swap' under subparagraph (A); and ``(II) is entered into by parties, neither of which is a `swap dealer' that is an insured depository institution or a `major swap participant' that is an insured depository institution, that report information or prepare financial statements on a consolidated basis, or for which a company affiliated with both parties reports information or prepares financial statements on a consolidated basis. ``(ii) Reporting.--All agreements, contracts, or transactions described in clause (i) shall be reported to either a swap data repository, or, if there is no swap data repository that would accept such agreements, contracts, or transactions, to the Commission pursuant to section 4r, or to a swap data repository or to the Commission pursuant to section 2(h)(5), within such time period as the Commission may by rule or regulation prescribe. Nothing in this subparagraph shall prohibit the Commission from establishing public reporting requirements for covered transactions between affiliates as described in sections 23A and 23B of the Federal Reserve Act in a manner consistent with rules governing the treatment of such covered transactions pursuant to section 2(a)(13) of this Act. ``(iii) Protection of insurance funds.-- Nothing in this subparagraph shall be construed to prevent the regulator of a Federal or State insurance fund or guaranty fund from exercising its other existing authority to protect the integrity of such a fund, except that such regulator shall not subject agreements, contracts, or transactions described in clause (i) to clearing and execution requirements under section 2 of this Act, to any applicable margin and capital requirements of section 4s(e) of this Act, or to reporting requirements of title VII of Public Law 111-203 other than those set forth in clause (ii) of this subparagraph. ``(iv) Preservation of federal reserve act authority.--Nothing in this subparagraph shall exempt a transaction described in this subparagraph from sections 23A or 23B of the Federal Reserve Act or implementing regulations thereunder. ``(v) Preservation of federal and state regulatory authorities.--Nothing in this subparagraph shall affect the Federal banking agencies' safety-and-soundness authorities over banks established in law other than title VII of Public Law 111-203 or the authorities of State insurance regulators over insurers, including the authority to impose capital requirements with regard to swaps. For purposes of this clause, the term `bank' shall be defined pursuant to section 3(a)(6) of the Securities Exchange Act of 1934, `insurer' shall be defined pursuant to title V of Public Law 111-203, and `swap' shall be defined pursuant to title VII of Public Law 111-203. ``(vi) Prevention of evasion.--The Commission may prescribe rules under this subparagraph (and issue interpretations of such rules) as determined by the Commission to be necessary to include in the definition of swaps under this paragraph any agreement, contract, or transaction that has been structured to evade the requirements of this Act applicable to swaps.''. (2) Treatment of affiliates.--Section 2(h)(7)(D)(i) of the Commodity Exchange Act (7 U.S.C. 2(h)(7)(D)(i)), as added by section 723(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended to read as follows: ``(i) In general.--An affiliate of a person that qualifies for an exception under subparagraph (A) (including affiliate entities predominantly engaged in providing financing for the purchase of the merchandise or manufactured goods of the person) may qualify for the exception only if the affiliate enters into the swap to hedge or mitigate the commercial risk of the person or other affiliate of the person that is not a financial entity.''. (b) Securities Exchange Act of 1934 Amendments.-- (1) Treatment of affiliate transactions.--Section 3(a)(68) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(68)), as added by section 761(a)(6) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by adding at the end the following: ``(F) Treatment of affiliate transactions.-- ``(i) In general.--For the purposes of any clearing and execution requirements under section 3C and any applicable margin and capital requirements of section 15F(e), and for purposes of defining `security-based swap dealer' or a `major security-based swap participant', and reporting requirements other than those set forth in clause (ii), the term `security-based swap' does not include any agreement, contract, or transaction that-- ``(I) would otherwise be included as a `security-based swap' under subparagraph (A); and ``(II) is entered into by parties, neither of which is a `security-based swap dealer' that is an insured depository institution or a `major security-based swap participant' that is an insured depository institution, that report information or prepare financial statements on a consolidated basis, or for which a company affiliated with both parties reports information or prepares financial statements on a consolidated basis. ``(ii) Reporting.--All agreements, contracts, or transactions described in clause (i) shall be reported to either a security- based swap data repository, or, if there is no security-based swap data repository that would accept such agreements, contracts, or transactions, to the Commission pursuant to section 13A, within such time period as the Commission may by rule or regulation prescribe. ``(iii) Preservation of federal reserve act authority.--Nothing in this subparagraph shall exempt a transaction described in this subparagraph from sections 23A or 23B of the Federal Reserve Act or implementing regulations thereunder. ``(iv) Protection of insurance funds.-- Nothing in this subparagraph shall be construed to prevent the regulator of a Federal or State insurance fund or guaranty fund from exercising its other existing authority to protect the integrity of such a fund, except that such regulator shall not subject security-based swap transactions between affiliated companies to clearing and execution requirements under section 3C, to any applicable margin and capital requirements of section 15F(e), or to reporting requirements of title VII of Public Law 111-203 other than those set forth in clause (ii). ``(v) Preservation of federal and state regulatory authorities.--Nothing in this subparagraph shall affect the Federal banking agencies' safety-and-soundness authorities over banks established in law other than title VII of Public Law 111-203 or the authorities of State insurance regulators over insurers, including the authority to impose capital requirements with regard to security-based swaps. For purposes of this clause, the term `bank' shall be defined pursuant to section 3(a)(6) of the Securities Exchange Act of 1934, `insurer' shall be defined pursuant to title V of Public Law 111-203, and `security-based swap' shall be defined pursuant to title VII of Public Law 111-203. ``(vi) Prevention of evasion.--The Commission may prescribe rules under this subparagraph (and issue interpretations of such rules) as determined by the Commission to be necessary to include in the definition of security-based swap under this paragraph any agreement, contract, or transaction that has been structured to evade the requirements of this Act applicable to security-based swaps.''. (2) Treatment of affiliates.--Section 3C(g)(4)(A) of the Securities Exchange Act of 1934 (15 U.S.C. 78c-3(g)(4)(A)), as added by section 763(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended to read as follows: ``(i) In general.--An affiliate of a person that qualifies for an exception under this subsection (including affiliate entities predominantly engaged in providing financing for the purchase of the merchandise or manufactured goods of the person) may qualify for the exception only if the affiliate enters into the security-based swap to hedge or mitigate the commercial risk of the person or other affiliate of the person that is not a financial entity.''.

Inter-Affiliate Swap Clarification Act - Amends the Commodity Exchange Act and the Securities Exchange Act of 1934, as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act, to exempt from certain regulatory requirements any swaps and security-based swaps entered into by parties neither of which is a swap dealer or a major swap participant: (1) that is also an insured depository institution, (2) that reports information or prepares financial statements on a consolidated basis, or (3) for which a company affiliated with both parties reports information or prepares financial statements on a consolidated basis. Requires that such exempted agreements, contracts, or transactions be reported to an appropriate data repository, or, if there is no such repository that would accept them, to: (1) the Commodity Futures Trading Commission (CFTC) in the case of exempted swaps, or (2) the Securities and Exchange Commission (SEC) in the case of exempted security-based swaps.

Inter-Affiliate Swap Clarification Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Competitive Power Act of 2007''. SEC. 2. ESTABLISHMENT OF EQUAL ACCESS AND TREATMENT WITH RESPECT TO FEDERAL POWER RESOURCES. Section 212(i) of the Federal Power Act (16 U.S.C. 824k(i)) is amended-- (1) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; (2) by striking the subsection designation and heading and all that follows through the end of paragraph (1) and inserting the following: ``(i) Establishment of Equal Access and Treatment With Respect to Federal Power Resources.-- ``(1) Definition of generator.--In this subsection, the term `generator' means-- ``(A) the Bonneville Power Administration; ``(B) the Southeastern Power Administration; ``(C) the Western Area Power Administration; ``(D) the Southwestern Power Administration; and ``(E) the Tennessee Valley Authority. ``(2) Authority and duties of commission.-- ``(A) In general.--Pursuant to sections 210, 211, and 213, the Commission-- ``(i) may order the administrator or board of directors, as applicable, of any generator to provide transmission service, including by establishing the terms and conditions of the service; and ``(ii) shall ensure that-- ``(I) the provisions of otherwise applicable Federal laws shall continue in full force and effect and shall continue to be applicable to the system; ``(II) the rates for the transmission of electric power on the system of each Federal power marketing agency-- ``(aa) are administered in accordance with applicable Federal law, other than sections 210, 211, and 213; and ``(bb) are not unjust, unreasonable, or unduly discriminatory or preferential, as determined by the Commission. ``(B) Tennessee valley authority rates.-- ``(i) In general.--Notwithstanding any other provision of law, the Commission shall have jurisdiction over the rates, terms, and conditions of the provision of transmission service in interstate commerce by the Tennessee Valley Authority. ``(ii) Tariff.--Notwithstanding any other provision of law, pursuant to sections 205 and 206, the Board of Directors of the Tennessee Valley Authority shall have on file with the Commission an open access transmission tariff that contains just, reasonable, and not unduly preferential or discriminatory rates, terms, and conditions for the provision of transmission service in interstate commerce by the Tennessee Valley Authority.''; (3) in paragraph (3) (as redesignated by paragraph (1))-- (A) by striking ``(3) Notwithstanding'' and inserting the following: ``(3) Procedure for determinations.--Notwithstanding''; (B) in the matter preceding subparagraph (A), by inserting ``of a Federal power marketing agency'' after ``service''; and (C) in subparagraph (A)-- (i) by striking ``when the Administrator of the Bonneville Power Administration either'' and inserting ``if the Administrator of any Federal power marketing agency''; and (ii) by striking ``on the Federal Columbia River Transmission System''; (4) in paragraph (4) (as redesignated by paragraph (1))-- (A) by striking ``(4) Notwithstanding'' and inserting the following: ``(4) Judicial review.--Notwithstanding''; (B) by striking ``the Administrator of the Bonneville Power Administration'' and inserting ``the Administrator of a Federal power marketing agency''; and (C) by striking ``United States Court of Appeals'' and all that follows through the end of the paragraph and inserting ``United States court of appeals of jurisdiction of the Federal power marketing agency.''; (5) in paragraph (5) (as redesignated by paragraph (1)), by striking ``(5) To the extent the Administrator of the Bonneville Power Administration'' and inserting the following: ``(5) Exception.--To the extent that an Administrator of a Federal power marketing agency''; (6) in paragraph (6) (as redesignated by paragraph (1))-- (A) by striking ``(6) The Commission'' and inserting the following: ``(6) Prohibition.--The Commission''; and (B) by striking ``the Administrator of the Bonneville Power Administration'' and inserting ``the Administrator of a Federal power marketing agency''. SEC. 3. EQUITABILITY WITHIN TERRITORY RESTRICTED ELECTRIC SYSTEMS. Section 212(j) of the Federal Power Act (16 U.S.C. 824k(j)) is amended-- (1) by striking ``With respect to'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), with respect to''; (2) by striking ``electric utility:'' and all that follows through ``electric utility.'' and inserting ``electric utility.''; and (3) by adding at the end the following: ``(2) Exception.--Paragraph (1) and subsection (f) shall not apply to any area served at retail by a distributor that-- ``(A) on October 24, 1992, served as a distributor for an electric utility described in paragraph (1); and ``(B) before December 31, 2006, provided to the Commission a notice of termination of the power supply contract between the distributor and the electric utility, regardless of whether the notice was later withdrawn or rescinded. ``(3) Stranded costs.--An electric utility described in paragraph (1) that provides transmission service pursuant to an order of the Commission or a contract may not recover any stranded cost associated with the provision of transmission services to a distributor. ``(4) Rights of distributors.-- ``(A) Notice not provided.--A distributor described in paragraph (2) that did not provide a notice described in paragraph (2)(B) by December 31, 2006, may-- ``(i) construct, own, and operate any generation facility, individually or jointly with another distributor; and ``(ii) receive from any electric utility described in paragraph (1) partial requirements services, unless the cumulative quantity of energy provided by the electric utility exceeds a ratable limit that is equal to a proxy for load growth on the electric utility, based on-- ``(I) the total quantity of energy sold by each affected agency, corporation, or unit of the electric utility during calendar year 2006; and ``(II) a 3-percent compounded annual growth rate. ``(B) Notice provided.-- ``(i) In general.--A distributor described in paragraph (2) that provided a notice described in paragraph (2)(B) by December 31, 2006, may-- ``(I) construct, own, and operate any generation facility, individually or jointly with another distributor; ``(II) receive from any electric utility described in paragraph (1) partial requirements services; ``(III) receive from any electric utility described in paragraph (1) transmission services that are sufficient to meet all electric energy requirements of the distributor, regardless of whether an applicable contract, or any portion of such a contract, has been terminated under this section; and ``(IV) not later than 180 days after the date of enactment of this paragraph, elect to rescind the notice of termination of the distributor without the imposition of a reintegration fee or any similar fee. ``(ii) Treatment.--On an election by a distributor under clause (i)(IV), the distributor shall be entitled to all rights and benefits of a distributor described in subparagraph (A). ``(5) Right to retain access to services.-- ``(A) Definitions.--In this paragraph: ``(i) Affected distributor.--The term `affected distributor' means a distributor that receives any electric service or power from at least 2 generators. ``(ii) Generator.--The term `generator' means an entity referred to in any of subparagraphs (A) through (E) of subsection (i)(1). ``(B) Retention of services.--An affected distributor may elect to retain any electric service or power provided by a generator, regardless of whether an applicable contract, or any portion of such a contract, has been terminated under this section. ``(C) Effect of notice of termination.-- ``(i) In general.--The provision or execution by an affected distributor of a notice of termination described in paragraph (2)(B) with 1 generator shall not affect the quantity of electric service or power provided to the affected distributor by another generator. ``(ii) Price.--The price of electric services or power provided to an affected distributor described in clause (i) shall be equal to the price charged by the applicable generator for the provision of similar services or power to a distributor that did not provide a notice described in paragraph (2)(B). ``(D) Transmission service.--On an election by an affected distributor under subparagraph (B) to retain an electric service or power, the affected distributor shall be entitled to receive from a generator transmission service to 1 or more delivery points of the affected distributor, as determined by the affected distributor, regardless of whether an applicable contract, or any portion of such a contract, has been terminated under this section.''. SEC. 4. STUDY OF PRIVATIZATION OF TENNESSEE VALLEY AUTHORITY. (a) Study.--The Comptroller General of the United States shall conduct a study of the costs, benefits, and other effects of privatizing the Tennessee Valley Authority. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that describes the results of the study conducted under this section. SEC. 5. STUDY OF DEBT LEVEL OF TENNESSEE VALLEY AUTHORITY. (a) Study.--The Comptroller General of the United States shall conduct a study of the financial structure of, and the amount of debt held by, the Tennessee Valley Authority, which (as of February 1, 2007) is approximately $25,000,000,000. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that describes the results of the study conducted under this section.

Access to Competitive Power Act of 2007 - Amends the Federal Power Act to authorize the Federal Energy Regulatory Commission (FERC) to order transmission service by the administrator or board of directors of the Bonneville, Southeastern, Western Area, and Southwestern Power Administrations, and the Tennessee Valley Authority (TVA). Grants FERC jurisdiction over the rates, terms, and conditions of TVA's provision of transmission service in interstate commerce. Requires the TVA Board of Directors to file with FERC an open access transmission tariff containing just, reasonable, and not unduly preferential or discriminatory rates, terms, and conditions. Prohibits certain territory-restricted electric utilities from recovering stranded costs associated with the provision of transmission services to a distributor. Authorizes distributors which, by December 31, 2006, gave notice of termination of a power supply contract with a territory-restricted electric utility (such as TVA) to negotiate partial requirements services with such utility, as well as receive sufficient transmission services. Allows such distributors also to elect to rescind a termination notice without imposition of a reintegration or similar fee. Authorizes distributors that did not give a termination notice by such date to receive partial requirements services from any such utility, subject to specified requirements. Allows a distributor receiving any electric service or power from at least two generators to elect to retain it regardless of whether an applicable contract, or portion of it, has been terminated. Directs the Comptroller General to study and report to Congress on: (1) the costs, benefits, and other effects of privatizing the TVA; and (2) the TVA's financial structure, as well as the amount of debt it holds.

A bill to amend the Federal Power Act to clarify the jurisdiction of the Federal Energy Regulatory Commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wrongful Convictions Tax Relief Act of 2008''. SEC. 2. EXCLUSION FOR WRONGFULLY INCARCERATED INDIVIDUALS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139B the following new section: ``SEC. 139C. CERTAIN AMOUNTS RECEIVED BY WRONGFULLY INCARCERATED INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income shall not include-- ``(1) in the case of any wrongfully incarcerated individual, any civil damages, restitution, or other monetary award (including compensatory or statutory damages and restitution imposed in a criminal matter) relating to the incarceration of such individual for the covered offense for which such individual was convicted, and ``(2) in the case of a qualified wrongfully incarcerated individual, the first $50,000 of income received by such individual in any taxable year beginning after December 31, 2007. ``(b) Limitation Relating to Income Exclusion.-- ``(1) In general.--The exclusion under subsection (a)(2) shall not apply to any qualified wrongfully incarcerated individual for any taxable year other than a taxable year in the qualified benefit period with respect to such individual. ``(2) Qualified benefit period.--For purposes of paragraph (1), the term `qualified benefit period' means, with respect to any qualified wrongfully incarcerated individual, the first 15 taxable years ending after the first date on which such individual is a wrongfully incarcerated individual. ``(3) Limitation based on years of incarceration.--In the case of a qualified wrongfully incarcerated individual who served a sentence of imprisonment of less than 15 years for the covered offense with respect to which such individual is a qualified wrongfully incarcerated individual, the number of full years that such individual was so imprisoned shall be substituted for `15' in paragraph (2). ``(4) Termination of exclusion upon conviction of subsequent offense.--If a qualified wrongfully incarcerated individual is convicted of a criminal offense under Federal or State law that is punishable by more than 1 year imprisonment at any time during the qualified benefit period, subsection (a)(2) shall not apply to the taxable year which includes the date of such conviction and all subsequent taxable years. ``(c) Wrongfully Incarcerated Individual.--For purposes of this section-- ``(1) In general.--The term `wrongfully incarcerated individual' means an individual-- ``(A) who was convicted of a covered offense, ``(B) who served all or part of a sentence of imprisonment relating to that covered offense, and ``(C)(i) who was pardoned, granted clemency, or granted amnesty for that covered offense because that individual was innocent of that covered offense, or ``(ii)(I) for whom the judgment of conviction for that covered offense was reversed or vacated, and ``(II) for whom the indictment, information, or other accusatory instrument for that covered offense was dismissed or who was found not guilty at a new trial after the judgment of conviction for that covered offense was reversed or vacated. ``(2) Covered offense.--The term `covered offense' means any criminal offense under Federal or State law, and includes any criminal offense arising from the same course of conduct as that criminal offense. ``(d) Qualified Wrongfully Incarcerated Individual.--For purposes of this section, the term `qualified wrongfully incarcerated individual' means a wrongfully incarcerated individual who, except for the covered offense described in subsection (c)(1)(A), has never been convicted of a criminal offense (other than a juvenile offense) under Federal or State law that is punishable by more than 1 year imprisonment. ``(e) Reporting Requirements.--For purposes of this section and section 36, the Secretary to impose such reporting requirements as the Secretary determines necessary or appropriate to carry out this section, including a requirement that the individual include with the return of tax for the taxable year a statement or attestation that the individual has not been subsequently convicted of a crime within the meaning of subsection (b)(4).''. (b) Conforming Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139B the following new item: ``Sec. 139C. Certain amounts received by wrongfully incarcerated individuals.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning before, on, or after the date of the enactment of this Act. SEC. 3. REFUNDABLE CREDIT FOR EMPLOYMENT TAXES PAID BY WRONGFULLY INCARCERATED INDIVIDUALS. (a) Allowance of Refundable Credit.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. EMPLOYMENT TAXES OF WRONGFULLY INCARCERATED INDIVIDUALS. ``(a) In General.--In the case of a qualified wrongfully incarcerated individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of-- ``(1) 50 percent of the taxes imposed on the self- employment income of such individual under subsections (a) and (b) of section 1401 during the taxable year, plus ``(2) the taxes imposed on the wages received by such individual with respect to employment under subsections (a) and (b) of section 3101 during the taxable year. ``(b) Limitations.-- ``(1) Dollar limitation.--The total amount of wages and self-employment income taken into account under subsection (a) with respect to any individual for any taxable year shall not exceed $50,000. ``(2) Taxable year limitation.--The credit under subsection (a) shall not be allowed to any qualified wrongfully incarcerated individual for any taxable year other than a taxable year in the qualified benefit period determined with respect to such individual under paragraphs (2) and (3) of section 139C(b). ``(3) Termination of credit upon conviction of subsequent offense.--If a qualified wrongfully incarcerated individual is convicted of a criminal offense under Federal or State law that is punishable by more than 1 year imprisonment at any time during the qualified benefit period (as so determined), subsection (a) shall not apply to the taxable year which includes the date of such conviction and all subsequent taxable years. ``(c) Qualified Wrongfully Incarcerated Individual.--For purposes of this section, the term `qualified wrongfully incarcerated individual' has the meaning given to such term under section 139C(d). ``(d) Reference.--For reporting requirement, see section 139C(e).''. (b) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``, 36,'' after ``35,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 36 and inserting the following: ``Sec. 36. Employment taxes of wrongfully incarcerated individuals. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Wrongful Convictions Tax Relief Act of 2008 - Amends the Internal Revenue Code to allow wrongfully incarcerated individuals: (1) an exclusion from gross income for compensation received relating to their incarceration and for the first $50,000 of annual income received by such an individual after December 31, 2007; and (2) a refundable tax credit for 50% of payroll taxes on employment and self-employment income, up to $50,000 of such income. Limits the duration of such tax benefits to the lesser of 15 years or the number of years such an individual was incarcerated. Defines "wrongfully incarcerated individual" as an individual who was convicted of a criminal offense and was then pardoned or found not guilty of such offense because of innocence after serving all or a portion of a prison term. Disqualifies individuals with prior convictions punishable by more than one year of imprisonment.

To amend the Internal Revenue Code of 1986 to provide tax benefits to individuals who have been wrongfully incarcerated.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Toxic Wounds Research Act of 2014''. SEC. 2. COMPREHENSIVE PROGRAM OF RESEARCH INTO TOXIC EXPOSURES ENCOUNTERED BY VETERANS DURING MILITARY SERVICE. (a) Registry of Toxic Exposures.-- (1) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a master registry of veterans who experienced toxic exposures while serving in the Armed Forces. (2) Elements.--The master registry established under paragraph (1) shall consist of the registries described in paragraph (3). The Secretary shall establish each such registry using the Clinical Case Registry of the Department of Veterans Affairs as a model. (3) Registries described.--The registries described in this paragraph are registries for each of the following: (A) Agent Orange. (B) Exposure to toxins relating to a deployment during the Persian Gulf War (as defined in section 101(33) of title 38, United States Code), including with respect to such exposures leading to Gulf War Illness (as defined by the Institute of Medicine of the National Academies). (C) Exposure to toxins relating to a deployment during Operation Iraqi Freedom, Operation New Dawn, Operation Enduring Freedom, or the Global War on Terror. (D) Exposure to toxins relating to a deployment to Bosnia, Somalia, the Philippines, or other locations determined appropriate by the Secretary. (E) Exposure to toxins relating to being stationed at a military installation potentially contaminated by toxic substances, including Camp Lejeune, North Carolina, Fort McClellan, Alabama, and such installations in Guam. (F) Any other toxic exposure the Secretary determines appropriate. (b) Review.--The Secretary of Veterans Affairs shall enter into an agreement with the National Academy of Sciences to review published scientific information and studies on the health effects of toxic exposures covered in a registry described in subsection (a)(3). Under such agreement, the Institute of Medicine of the National Academies shall submit to the Secretary on a biennial basis a report on toxic substance exposure-related illnesses. Such report shall include-- (1) a review of all scientific studies and research on the association between toxic substance exposures and specific diseases covered in such a registry, including the level of association between such exposures and the specific diseases; and (2) recommendations for future research. (c) Research Into the Effects of Toxic Exposure on Second and Third Generations.--In addition to the reviews under subsection (b), the Secretary shall enter into an agreement with the National Academy of Sciences to review published scientific information and studies on the health effects on the children and grandchildren of veterans with toxic exposures covered in a registry described in subsection (a)(3). Under such agreement, the Institute of Medicine of the National Academies shall submit to the Secretary on a biennial basis a report on toxic substance exposure-related illnesses. Such report shall include-- (1) a review of all scientific studies and research on the association between toxic substance exposures and specific diseases covered in such a registry in such children and grandchildren, including the level of association between such exposures and the specific diseases; and (2) recommendations for future research. (d) Research.--The Secretary shall use the reviews conducted under subsections (b) and (c) to inform the decisions made by the Secretary with respect to selecting the research to be conducted or funded by the Department of Veterans Affairs. The Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report describing how the Secretary used such reviews to make such selections. SEC. 3. PRESUMPTIONS OF SERVICE CONNECTION FOR ILLNESSES ASSOCIATED WITH TOXIC EXPOSURES ENCOUNTERED BY VETERANS DURING MILITARY SERVICE. (a) In General.--Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1119. Presumptions of service connection for illnesses associated with toxic exposures ``(a) Presumption.--(1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service. ``(2) An illness referred to in paragraph (1) is any diagnosed or undiagnosed illness that-- ``(A) the Secretary determines in regulations prescribed under this section to warrant a presumption of service connection by reason of having a positive association with exposure to a toxic substance covered in the master registry; and ``(B) becomes manifest within the period, if any, prescribed in such regulations in a veteran who served in the Armed Forces and by reason of such service experienced such exposure. ``(3) For purposes of this subsection, a veteran who served in the Armed Forces in a location recognized under the master registry as being a source of exposure and has an illness described in paragraph (2) shall be presumed to have been exposed by reason of such service unless there is conclusive evidence to establish that the veteran was not so exposed by reason of such service. ``(b)(1)(A) Whenever the Secretary makes a determination described in subparagraph (B), the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for the illness covered by that determination for purposes of this section. ``(B) A determination referred to in subparagraph (A) is a determination based on sound medical and scientific evidence that a positive association exists between-- ``(i) the exposure of humans or animals to a toxic substance covered in the master registry; and ``(ii) the occurrence of a diagnosed or undiagnosed illness in humans or animals. ``(2)(A) In making determinations for purposes of paragraph (1), the Secretary shall take into account-- ``(i) the reports submitted to the Secretary by the National Academy of Sciences under section 2(b) of the Veterans' Toxic Wounds Research Act of 2014; and ``(ii) all other sound medical and scientific information and analyses available to the Secretary. ``(B) In evaluating any report, information, or analysis for purposes of making such determinations, the Secretary shall take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review. ``(3) An association between the occurrence of an illness in humans or animals and exposure to a toxic substance covered in the master registry shall be considered to be positive for purposes of this subsection if the credible evidence for the association is equal to or outweighs the credible evidence against the association. ``(c)(1) Not later than 60 days after the date on which the Secretary receives a report from the National Academy of Sciences under section 2(b) of the Veterans' Toxic Wounds Research Act of 2014, the Secretary shall determine whether or not a presumption of service connection is warranted for each illness, if any, covered by the report. ``(2) If the Secretary determines under this subsection that a presumption of service connection is warranted, the Secretary shall, not later than 60 days after making the determination, issue proposed regulations setting forth the Secretary's determination. ``(3)(A) If the Secretary determines under this subsection that a presumption of service connection is not warranted, the Secretary shall, not later than 60 days after making the determination, publish in the Federal Register a notice of the determination. The notice shall include an explanation of the scientific basis for the determination. ``(B) If an illness already presumed to be service connected under this section is subject to a determination under subparagraph (A), the Secretary shall, not later than 60 days after publication of the notice under that subparagraph, issue proposed regulations removing the presumption of service connection for the illness. ``(4) Not later than 90 days after the date on which the Secretary issues any proposed regulations under this subsection, the Secretary shall issue final regulations. Such regulations shall be effective on the date of issuance. ``(d) Whenever the presumption of service connection for an illness under this section is removed under subsection (c)-- ``(1) a veteran who was awarded compensation for the illness on the basis of the presumption before the effective date of the removal of the presumption shall continue to be entitled to receive compensation on that basis; and ``(2) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from the illness on the basis of the presumption before that date shall continue to be entitled to receive dependency and indemnity compensation on that basis. ``(e) Master Registry Defined.--In this section, the term `master registry' means the registry of veterans who experienced toxic exposures established by section 2 of the Veterans' Toxic Wounds Research Act of 2014.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1118 the following new item: ``1119. Presumptions of service connection for illnesses associated with toxic exposures.''. SEC. 4. INCLUSION OF CERTAIN INFORMATION IN ELECTRONIC HEALTH RECORDS. In implementing the electronic health record system of the Department of Veterans Affairs, the Secretary of Veterans Affairs shall ensure that the electronic health record of each individual includes, at a minimum, the following information: (1) Whether the individual served in the Armed Forces. (2) The Armed Force in which the individual served. (3) The locations in which the individual was stationed or deployed to during such service. (4) The dates of such service. (5) The military occupational specialty of the individual. (6) The results of any tests or assessments of the individual regarding-- (A) vision; (B) hearing; (C) hepatitis C; (D) HIV; (E) blood pressure; (F) cholesterol; (G) blood glucose test and diabetes information; (H) body mass index measurement; (I) bone density, as appropriate based on the age or sex of the individual; (J) cancer screenings (as appropriate based on the age, sex, race, or ethnicity of the individual) for-- (i) breast cancer; (ii) colorectal cancer; (iii) lung cancer; (iv) prostate cancer; and (v) skin cancer; (K) preventive immunizations, if not current; (L) spirometry (for lung function); (M) smoking; (N) a mental health evaluation; (O) substance abuse; or (P) infectious diseases or parasites or other adverse health conditions endemic to where the individual served while in the military.

Veterans' Toxic Wounds Research Act of 2014 - Directs the Secretary of Veterans Affairs (VA) to establish a master registry of veterans who experienced toxic exposures while serving in the Armed Forces. Includes in the master registry the registries for: Agent Orange; exposure to toxins relating to a deployment during the Persian Gulf War; exposure to toxins relating to a deployment during Operation Iraqi Freedom, Operation New Dawn, Operation Enduring Freedom, or the Global War on Terror; exposure to toxins relating to a deployment to Bosnia, Somalia, or the Philippines; and exposure to toxins relating to being stationed at a military installation potentially contaminated by toxic substances. Directs the Secretary to enter into an agreement with the National Academy of Sciences (NAS) to review published scientific information and studies, and make recommendations for future research, on the health effects: (1) of the toxic exposures covered in those registries, and (2) on the children and grandchildren of veterans who had a toxic exposure covered in those registries. Requires those reviews to inform the Secretary's selection of research to be conducted or funded by the VA. Establishes a presumption of a service connection, for the purpose of veterans' disability and survivor benefits, for an illness that: the Secretary determines warrants such a presumption by reason of having a positive association with exposure to a toxic substance covered in the master registry; and becomes manifest, within the period the Secretary prescribes, in a veteran who experienced such exposure while serving in the Armed Forces. Requires the Secretary's service connection determinations to be based on sound medical and scientific evidence that a positive association exists between: (1) the exposure of humans or animals to a toxic substance covered in the master registry, and (2) the occurrence of a diagnosed or undiagnosed illness in humans or animals. Directs the Secretary, in implementing the VA's electronic health record system, to include specified information in each individual's electronic health record, including whether the individual served in the Armed Forces and, if so, the locations and dates of such service.

Veterans' Toxic Wounds Research Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crowdsourcing and Citizen Science Act of 2015''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the authority granted to Federal agencies under the America COMPETES Reauthorization Act of 2010 (Public Law 111- 358) to pursue the use of incentive prizes and challenges has yielded numerous benefits, including-- (A) paying only for success; (B) establishing an ambitious goal without having to predict which team or approach is most likely to succeed; (C) reaching out to individuals or a broader group of people to increase the number of minds tackling a problem; (D) bringing out-of-discipline perspectives to bear; and (E) increasing cost-effectiveness to maximize the return on taxpayer dollars; (2) granting Federal agencies the direct, explicit authority to use crowdsourcing and citizen science will-- (A) remove ambiguity about whether an agency can use these techniques; (B) encourage its appropriate use to advance agency missions; and (C) stimulate and facilitate broader public participation in the innovation process; (3) crowdsourcing projects have a number of unique benefits, including-- (A) improving the delivery of government services with significantly lower Federal or other public resource investments or at time scales or distribution scales that might not otherwise be possible; (B) connecting citizens to the missions of Federal agencies by promoting a spirit of open government and volunteerism; (C) providing the acquisition of data at a greater geographic extent and in locations with a greater density or frequency than otherwise reasonably obtainable using conventional methods; and (D) enabling citizens to address community and research-based concerns by gathering, analyzing, and sharing data and information; (4) citizen science has additional benefits, including-- (A) advancing and accelerating scientific research through group discovery, the cocreation of knowledge, and the inclusion of diverse perspectives; (B) improving science literacy and providing skills needed to excel in science, technology, engineering, and math, thereby increasing American competitiveness; (C) furthering science diplomacy through the worldwide collaboration between scientists and citizens; and (D) building trust and understanding between citizens and science and between citizens and scientists; and (5) since participants in crowdsourcing and citizen science projects participate in crowdsourcing or citizen science for a variety of reasons, Federal agencies should consider meaningful incentives to engage and retain participants depending on the range of motivations for potential participants, including-- (A) receiving attribution for their contributions to research; (B) learning new skills and knowledge or educating others; (C) connecting with new individuals or communities and building relationships; and (D) knowing that their work is helping to solve meaningful problems and contributing to broader scientific endeavors for the benefit of society. SEC. 3. CROWDSOURCING AND CITIZEN SCIENCE. (a) Definitions.--In this section: (1) Citizen science.--The term ``citizen science'' means a form of open collaboration in which individuals or organizations participate in the scientific process in various ways, including-- (A) enabling the formulation of research questions; (B) creating and refining project design; (C) conducting scientific experiments; (D) collecting and analyzing data; (E) interpreting the results of data; (F) developing technologies and applications; (G) making discoveries; and (H) solving problems. (2) Crowdsourcing.--The term ``crowdsourcing'' means a method to obtain needed services, ideas, or content by soliciting voluntary contributions from a group of individuals or organizations, especially from an online community. (3) Director.--The term ``Director'' means the Director of the Office of Science and Technology Policy. (4) Federal agency.--The term ``Federal agency''-- (A) except as provided in subparagraph (B), means-- (i) any Executive agency (as defined in section 105 of title 5, United States Code); and (ii) any military department (as set forth in section 102 of such title); and (B) does not include any legislative branch agency. (5) Participant.--The term ``participant'' means any individual or other entity that has consented as a volunteer in a crowdsourcing or citizen science project under this section. (6) Related entity.--The term ``related entity'' means-- (A) a Federal Government contractor or subcontractor, at any tier; and (B) a supplier, user, customer, cooperating party, grantee, investigator, fellow, or detailee of a Federal agency. (b) Crowdsourcing and Citizen Science Authorized.-- (1) In general.--The head of each Federal agency, or the heads of multiple Federal agencies working cooperatively, may utilize crowdsourcing and citizen science approaches to conduct activities designed to advance the mission of the respective Federal agency or the joint mission of Federal agencies, as applicable. (2) Voluntary services.--Notwithstanding section 1342 of title 31, United States Code, the head of a Federal agency may accept, subject to regulations issued by the Office of Personnel Management, voluntary services from participants under this section if such services-- (A) are performed as a part of a crowdsourcing or citizen science project authorized under paragraph (1); (B) are not financially compensated for their time; and (C) will not be used to displace any employee of the Federal Government. (c) Participation.-- (1) Advertising.--The head of each Federal agency engaged in a crowdsourcing or citizen science project under this section shall make public and promote such project to encourage broad participation of consenting participants. (2) Consent, registration, and terms of use.-- (A) In general.--Each Federal agency is authorized to determine the appropriate level of consent, registration, or acknowledgment of the terms of use that is required from participants in crowdsourcing or citizen science projects on a per-project basis. (B) Disclosures.--In seeking consent, conducting registration, or developing terms of use for a project under this subsection, a Federal agency shall disclose the privacy, intellectual property, data ownership, compensation, service, program, and other terms of use to the participant in a clear and reasonable manner. (C) Mode of consent.--A Federal agency or Federal agencies, as applicable, may obtain consent electronically or in written form from participants to the volunteer service terms of a crowdsourcing or citizen science project authorized under this section. (3) Human subjects.--Any crowdsourcing or citizen science project that involves research involving human subjects shall be subject to part 46 of title 28, Code of Federal Regulations (or any successor regulation). (4) Data.--Notwithstanding security and privacy protections, Federal agencies shall endeavor to make data collected through a crowdsourcing or citizen science project authorized under this section open and available, in machine readable formats, to the public. As part of the consent process, the Federal agency shall notify all participants-- (A) of the expected uses of the data compiled through the project; (B) if the Federal agency will retain ownership of such data; (C) if and how the data and results from the project would be made available for public or third party use; and (D) if participants are authorized to publish such data. (5) Technologies and applications.--Notwithstanding the intellectual property rights of the Federal Government, Federal agencies shall endeavor to make technologies, applications, code, and derivations of such intellectual property developed through a crowdsourcing or citizen science project under this section open and available to the public. (6) Liability.--Each participant in a crowdsourcing or citizen science project under this section shall agree-- (A) to assume any and all risks associated with such participation; and (B) to waive all claims against the Federal Government and its related entities, except for claims based on willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits (whether direct, indirect, or consequential) arising from participation in the project. (7) Scientific integrity.--Federal agencies coordinating citizen science projects shall make all practicable efforts that participants adhere to all relevant scientific integrity or other applicable ethics policies. (d) Multi-Sector Partnerships.--The head of each Federal agency engaged in crowdsourcing or citizen science under this section, or the heads of multiple Federal agencies working cooperatively, may enter into a contract or other agreement to share administrative duties for such activities with-- (1) a for-profit or nonprofit private sector entity, including a private institution of higher education; or (2) a State, tribal, local, or foreign government agency, including a public institution of higher education. (e) Funding.--In carrying out crowdsourcing and citizen science activities under this section, the head of a Federal agency, or the heads of multiple Federal agencies working cooperatively-- (1) may use funds appropriated by Congress; (2) may request and accept funds or in kind support for such activities from-- (A) other Federal agencies; (B) for-profit or nonprofit private sector entities, including private institutions of higher education; or (C) State, tribal, local, or foreign government agencies, including public institutions of higher education; and (3) may not give any special consideration to any entity described in paragraph (2) in return for such funds or in kind support. (f) Facilitation.-- (1) General services administration assistance.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the General Services Administration, in coordination with the Director, shall identify and develop relevant products and services to facilitate the use of crowdsourcing and citizen science activities under this section, including by specifying the appropriate contract vehicles and technology and organizational platforms to enhance the ability of Federal agencies to carry out the activities under this section to further the policy objectives of the Federal Government. (2) OSTP guidance.--The heads of each Federal agency engaged in crowdsourcing or citizen science under this section is encouraged to consult any guidance provided by the Director. (g) Report.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, and every 4 years thereafter, as a component of the report required under section 24(p) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719(p)), the Director shall report on the activities carried out under this subsection. (2) Information included.--Each report required under paragraph (1) shall include-- (A) a summary of each crowdsourcing and citizen science project conducted by any Federal agency during the most recently completed 2 fiscal years (for the first report) or since the last report was submitted (for subsequent reports), including a description of the proposed goals of each crowdsourcing and citizen science project; (B) the participation rates, submission levels, number of consents, or any other statistic that might be considered relevant in each crowdsourcing and citizen science project; (C) a description of-- (i) the resources (including personnel and funding) that were used in the execution of each crowdsourcing and citizen science project; (ii) the activities for which such resources were used; and (iii) how the obligations and expenditures relating to the project's execution was allocated among the accounts of the Federal agency; (D) a description of-- (i) the ways in which each crowdsourcing and citizen science project advanced the mission of the Federal agency; (ii) the project's results, including the publications, results, tools, products, or services that the project created; (iii) the general methods used to ensure data quality and make the data publicly available; and (iv) any savings realized or costs incurred by the Federal Government, whether financial or human resources, as a result of using crowdsourcing or citizen science projects instead of Federal agency resources, as possible; (E) a summary of the main challenges and barriers that constrained the ability of Federal agencies to conduct crowdsourcing and citizen science projects, including-- (i) any steps that were taken to address such challenges; and (ii) recommendations for future administrative or legislative action; (F) a summary of the use of crowdsourcing and citizen science methods by all Federal agencies since the submission of the last report, including interagency and multi-sector partnerships; and (G) any other information that the Director considers relevant. (h) Savings Provisions.--Nothing in this section may be construed-- (1) to affect the authority to conduct crowdsourcing and citizen science authorized by any other provision of law; or (2) to displace Federal Government resources allocated to the Federal agencies that use crowdsourcing or citizen science authorized under this section to carry out a project.

Crowdsourcing and Citizen Science Act of 2015 This bill authorizes each federal agency, or multiple federal agencies working cooperatively, to use crowdsourcing and citizen science approaches to conduct activities designed to advance the agency's mission or the joint mission of the group of agencies. "Citizen science" means a form of open collaboration in which individuals or organizations participate in the scientific process in various ways, including developing technologies and applications and making discoveries. "Crowdsourcing" means a method to obtain needed services, ideas, or content by soliciting voluntary contributions from a group of individuals or organizations, especially from an online community. Each federal agency engaged in a crowdsourcing or citizen science project shall make public and promote it to encourage broad participation of consenting participants. The General Services Administration shall identify and develop relevant products and services to facilitate the use of crowdsourcing and citizen science activities.

Crowdsourcing and Citizen Science Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Census of Agriculture Act of 1996''. SEC. 2. TRANSFER TO THE SECRETARY OF AGRICULTURE OF THE AUTHORITY TO CONDUCT THE CENSUS OF AGRICULTURE. (a) In General.--Section 526 of the Revised Statutes (7 U.S.C. 2204) is amended by adding at the end the following: ``(c)(1) The Secretary shall, in 1998 and in every 5th year beginning after 1998, take a census of agriculture. In connection with each such census, the Secretary may conduct any survey or other data collection, and employ any sampling or other statistical method, that the Secretary determines is necessary and appropriate. ``(2) The data collected in each census taken under this subsection shall relate to the year immediately preceding the year in which the census is taken. ``(3) Any person who refuses or neglects to answer questions submitted to such person in connection with a census or survey under this subsection, or who answers any such questions falsely, shall be subject to section 221 of title 13, United States Code, to the same extent and in the same manner as if-- ``(A) section 142 of such title 13 had remained in effect; and ``(B) the census or survey were a census or survey under such section 142, rather than under this subsection. The failure or refusal on the part of any person to disclose such person's social security number in response to a request made in connection with any census or other activity under this subsection shall not be a violation under the preceding sentence. ``(4) Each census under this subsection shall include each State, and as may be determined by the Secretary, the District of Columbia, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Commonwealth of Puerto Rico, and any such other possessions and areas over which the United States exercises jurisdiction, control, or sovereignty. Inclusion of other areas over which the United States exercises jurisdiction, control, or sovereignty shall be subject to the concurrence of the Secretary of State. ``(5) The Secretary of Commerce may, upon written request of the Secretary of Agriculture, furnish any information collected under title 13, United States Code, which the Secretary of Agriculture considers necessary for the taking of a census or survey under this subsection. Any information so furnished may not be used for any purpose other than the statistical purposes for which it is supplied. ``(6) The Secretary of Agriculture shall, upon written request of the Secretary of Commerce, furnish any information collected in a census taken under this subsection which the Secretary of Commerce considers necessary for the taking of a census or survey under title 13, United States Code. Any information so furnished may not be used for any purpose other than the statistical purposes for which it is supplied. ``(7) Any rules or regulations necessary to carry out this subsection may be prescribed by-- ``(A) the Secretary, to the extent that matters within the jurisdiction of the Secretary are involved; and ``(B) the Secretary of Commerce, to the extent that matters within the jurisdiction of the Secretary of Commerce are involved.''. (b) Conforming Amendments.--Effective October 1, 1998-- (1) section 142 of title 13, United States Code, and the item relating to section 142 in the table of sections for chapter 5 of such title 13, are repealed; and (2) section 343(a)(11)(F) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(11)(F)) is amended by inserting ``or section 526(c) of the Revised Statutes (7 U.S.C. 2204(c)), as the case may be,'' before ``except''. SEC. 3. PROVISIONS RELATING TO CONFIDENTIALITY OF INFORMATION. (a) Information Furnished to the Department of Agriculture.-- (1) Authority to furnish information.--Section 9(a) of title 13, United States Code, is amended by striking ``chapter 10 of this title--'' and inserting ``chapter 10 of this title or section 526(c)(5) of the Revised Statutes--''. (2) Confidentiality of information.--Section 1770(d)(5) of the Food Security Act of 1985 (7 U.S.C. 2276(d)(5)) is amended to read as follows: ``(5) subsections (a) and (c) of section 526 of the Revised Statutes (7 U.S.C. 2204(a) and (c));''. (b) Information Furnished to the Department of Commerce.-- (1) Authority to furnish information.--Section 1770 of the Food Security Act of 1985 is amended by adding at the end the following: ``(e) Nothing in this section shall be considered to prohibit any release of information under section 526(c)(6) of the Revised Statutes (7 U.S.C. 2204(c)(6)).''. (2) Confidentiality of information.--Information furnished under section 526(c)(6) of the Revised Statutes shall, for purposes of sections 9 and 214 of title 13, United States Code, be treated as if it were information furnished under the provisions of such title 13. Passed the House of Representatives July 22, 1996. Attest: ROBIN H. CARLE, Clerk.

Census of Agriculture Act of 1996 - Amends Federal law to transfer authority to conduct the census of agriculture from the Secretary of Commerce to the Secretary (Secretary) of Agriculture. Requires the Secretary to take a census every five years beginning after 1998. Sets forth confidentiality provisions.

Census of Agriculture Act of 1996

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) in the aftermath of the 4 hurricanes that occurred within 6 weeks in the southeast United States during 2004, many of the inspectors and managers employed to inspect and document disaster-related damage in that area had criminal records; (2) preliminary damage assessments provide important information about the impact and magnitude of damage and the needs of individuals, businesses, the public sector, and the community as a whole; and (3) the failure to conduct a preliminary damage assessment can result in Federal funds being provided to areas that have not suffered the level of damage that would qualify an area for Federal disaster assistance. (b) Purposes.--The purposes of this Act are-- (1) to ensure the appropriate use of public funds; (2) to protect disaster victims; and (3) to require more stringent background checks for contractors of the Federal Emergency Management Agency. SEC. 2. PRELIMINARY DAMAGE ASSESSMENTS. Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) is amended-- (1) by striking ``All requests for'' and inserting the following: ``(a) In General.--All requests for''; and (2) by adding at the end the following: ``(b) Preliminary Damage Assessments.-- ``(1) Definitions.--In this subsection: ``(A) Assessment.--The term `assessment' means a preliminary damage assessment described in paragraph (2)(A). ``(B) Director.--The term `Director' means the Director of FEMA. ``(C) FEMA.--The term `FEMA' means the Federal Emergency Management Agency. ``(D) Incident.--The term `incident' means a condition or occurrence that causes such damage or hardship as may result in a Presidential declaration of a major disaster or emergency. ``(E) Secretary.--The term `Secretary' means the Secretary of Homeland Security, acting through the Director. ``(2) Preliminary damage assessment.-- ``(A) Preassessment by the state.--Except as provided in subparagraph (E), on occurrence of an incident, or if a State determines that the occurrence of an incident is imminent, and the State official responsible for disaster operations determines that the State and local governments may lack the capability to adequately respond to the incident, the State shall-- ``(i) verify the information of the State used to make the determination; and ``(ii) request the Regional Director to perform a joint FEMA-State preliminary damage assessment of the type, extent, and location of any damage caused by the incident. ``(B) Damage assessment teams.--Each State shall appoint a damage assessment team to carry out assessments described in subparagraph (A) that is composed of-- ``(i) at least 1 representative of the Federal Government; ``(ii) a least 1 representative of the State; ``(iii) if practicable, a local government representative who is familiar with the extent and location of damage or potential damage in any applicable communities; and ``(iv) such additional representatives from Federal and State agencies and voluntary relief organizations as are necessary, as determined by the State. ``(C) Responsibility of state.--A State shall assume responsibility for-- ``(i) coordination of State and local participation in an assessment conducted under this paragraph; and ``(ii) ensuring that participants in the assessment receive timely notification concerning the schedule of activities for the assessment. ``(D) Responsibility of fema.--The Secretary shall designate an official of FEMA-- ``(i) to brief members of the assessment team on-- ``(I) damage criteria; ``(II) the kind of information to be collected for the particular incident that is the subject of the assessment; and ``(III) applicable reporting requirements; and ``(ii) on completion of the assessment, to consult with State officials to discuss findings and reconcile any differences. ``(E) Waiver.-- ``(i) In general.--The State, in consultation with the Regional Director or FEMA, may elect not to carry out an assessment-- ``(I) in the case of an incident of unusual severity and magnitude that does not require any field damage assessments to determine the need for supplemental Federal assistance under this Act; or ``(II) in other appropriate cases, as determined by the State, in consultation with the Regional Director of FEMA. ``(ii) Managerial response.--Nothing in this subparagraph prevents the conduct of an assessment to determine unmet needs for managerial response purposes.''. SEC. 3. FRAUD. (a) Penalties.--Section 314(d) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5157(d)) is amended by striking ``$5,000'' and inserting ``$10,000''. (b) Fraud Investigations.--Section 318 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5161) is amended by adding at the end the following: ``(d) Fraud Investigations.-- ``(1) In general.--The President shall-- ``(A) vigorously investigate allegations and instances of fraud under this Act, including fraud relating to the handling and approval of claims for Federal emergency assistance; and ``(B) refer to the Attorney General of the United States, in accordance with section 314(c), such allegations, instances, and results of investigations described in subparagraph (A) as the President determines to be appropriate. ``(2) Attorney general.--The Attorney General of the United States shall-- ``(A) give serious consideration to any allegations or instances of fraud referred under paragraph (1)(B); ``(B) not later than 10 days after the date of receipt of such a referral, begin an investigation into the allegation; and ``(C) not later than 45 days after the date of receipt of the referral, submit to the Secretary of Homeland Security a report describing the progress and results of the investigation. ``(3) Federal emergency management agency.-- ``(A) Procedures and guidelines.--Not later than 120 days after the date of enactment of this subsection, the Director of the Federal Emergency Management Agency (referred to in this paragraph as the `Director') shall-- ``(i) propose new inspection procedures that more accurately identify disaster-related losses of household items for which applicants should be compensated; ``(ii) modify guidelines relating to individual and housing inspections to require inspectors to specify any item that was not available for inspection; ``(iii) develop eligibility criteria for funding vehicle damage, taking into consideration damage to a vehicle sustained as a result of a disaster; ``(iv) propose new inspection guidelines that prohibit inspectors from entering into a contract with any individual or entity for whom the inspector performs an inspection for purposes of determining eligibility for assistance from the Federal Emergency Management Agency; ``(v) modify guidelines to require contract inspectors to-- ``(I) document vehicle damage to allow the Director to justify an award based on disaster-related need; and ``(II) base any funding recommendation of the contract inspector for miscellaneous items on disaster-related need; ``(vi) modify guidelines to establish a reasonable replacement value for destroyed vehicles, as determined by the Director, taking into consideration the cost of acquiring a comparable vehicle; ``(vii) develop criteria and guidelines for defining the term `disaster-related death', including a requirement that an employee of the Federal Emergency Management Agency document each request for funeral expenses assistance in order to support the approval or disapproval of the assistance; ``(viii) modify home inspection procedures to require contract inspectors to document-- ``(I) any reason why the contractor determined a home was unsafe; and ``(II) any instance of deferred maintenance, including an evaluation of the severity of housing conditions; ``(ix) modify inspection guidelines for repair and replacement of homes to require inspectors to justify a determination that a home is destroyed by identifying and documenting each type of damage sustained by the home; and ``(x) review and modify each inspection contract to require contractors to-- ``(I) review the quality of work of an inspector before submitting inspection data to the Director; ``(II) certify the independence of the contractor during each inspection; ``(III) recuse themselves from any inspections that present a possible conflict of interest; and ``(IV) consent to a criminal background check in accordance with subparagraph (B). ``(B) Report.--Not later than 180 days after the Director develops procedures and guidelines under subparagraph (A), the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes any change to the procedures and guidelines of the Federal Emergency Management Agency. ``(C) Background checks.--The Director shall include in any contract with an inspector the requirements that-- ``(i) a background check shall be performed on the inspector; ``(ii) the results of the background check shall be submitted to the Director not later than 7 days after the date on which the inspector is hired by the Director; and ``(iii) an inspector who has been convicted of criminal misconduct (including fraud, robbery, burglary, forgery, and felony drug possession) shall not be employed by the Federal Emergency Management Agency as an inspector.''.

Amends the Robert T. Stafford Disaster Relielf and Emergency Assistance Act to: (1) specify procedures for the conduct of preliminary disaster damage assessments; and (2) increase the associated penalties for fraud. Directs the President to: (1) investigate vigorously any allegations and instances of fraud, including fraud relating to the handling and approval of claims for federal emergency assistance; and (2) refer to the Attorney General appropriate allegations, instances, and investigation results. Requires the Attorney General to: (1) give serious consideration to any allegation or instance of fraud and begin an investigation into it not later than 10 days after the receipt of such a referral; and (2) report on investigation progress and results to the Secretary of Homeland Security within 45 days. Requires the Director of the Federal Emergency Management Agency to propose new inspection procedures that: (1) more accurately identify disaster-related losses of household items for which applicants should be compensated; (2) modify guidelines for individual and housing inspections to require inspectors to specify any item that was not available for inspection; and (3) develop eligibility criteria for funding vehicle damage, taking into consideration damage to a vehicle sustained as a result of a disaster.

A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to specify procedures for the conduct of preliminary damage assessments, to direct the Secretary of Homeland Security to vigorously investigate and prosecute instances of fraud, including fraud in the handling and approval of claims for Federal emergency assistance, and for other purposes.

on the Budget.--Section 301(a) of the Congressional Budget Act of 1974 is amended by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively, and by inserting after paragraph (5) the following new paragraph: ``(6) the receipts, outlays, and surplus or deficit in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, combined, established by title II of the Social Security Act;''. (c) Super Majority Requirement.--(1) Section 904(c)(1) of the Congressional Budget Act of 1974 is amended by inserting ``312(g),'' after ``310(d)(2),''. (2) Section 904(d)(2) of the Congressional Budget Act of 1974 is amended by inserting ``312(g),'' after ``310(d)(2),''. SEC. 3. REMOVING SOCIAL SECURITY FROM BUDGET PRONOUNCEMENTS. (a) In General.--Any official statement issued by the Office of Management and Budget, the Congressional Budget Office, or any other agency or instrumentality of the Federal Government of surplus or deficit totals of the budget of the United States Government as submitted by the President or of the surplus or deficit totals of the congressional budget, and any description of, or reference to, such totals in any official publication or material issued by either of such Offices or any other such agency or instrumentality, shall exclude the outlays and receipts of the old-age, survivors, and disability insurance program under title II of the Social Security Act (including the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund) and the related provisions of the Internal Revenue Code of 1986. (b) Separate Social Security Budget Documents.--The excluded outlays and receipts of the old-age, survivors, and disability insurance program under title II of the Social Security Act shall be submitted in separate Social Security budget documents. SEC. 4. ESTABLISHMENT OF DEBT REDUCTION LOCKBOX. (a) Establishment of Debt Reduction Lockbox.--(1) Chapter 11 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 1120. Debt reduction lockbox ``(a) There is established within the Treasury a separate account to be known as the `Debt Reduction Lockbox', which shall be used to retire publicly held debt obligations of the United States Government. ``(b) Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Debt Reduction Lockbox the following amounts: ``(1) For fiscal year 2000, $7,000,000,000. ``(2) For fiscal year 2001, $19,000,000,000. ``(3) For fiscal year 2002, $41,000,000,000. ``(4) For fiscal year 2003, $37,500,000,000. ``(5) For fiscal year 2004, $42,500,000,000. ``(6) For fiscal year 2005, $46,000,000,000. ``(7) For fiscal year 2006, $64,500,000,000. ``(8) For fiscal year 2007, $73,000,000,000. ``(9) For fiscal year 2008, $78,500,000,000. ``(10) For fiscal year 2009, $89,000,000,000. ``(c) The Secretary of the Treasury shall use all funds in the Debt Retirement Account to purchase publicly held debt obligations of the United States or to redeem maturing publicly held debt obligations when they become due. For such purpose, such obligations may be acquired only by purchase of outstanding obligations at the market price. ``(d)(1) Before the submission of the President's budget under section 1105(a) for each of the fiscal years 2001 through 2004, the amount in subsection (b) for each fiscal year through 2004 shall be adjusted by an amount equal to the change in the budget surplus for that fiscal year as a result of economic and technical changes determined by the Office of Management and Budget pursuant to paragraph (2). In no event shall any such adjustment be made that would cause the Deficit Reduction Lockbox to be less than zero. ``(2) At the end of each fiscal year, the Director of the Office of Management and Budget shall compute the projected budget surplus for the fiscal year using up-to-date economic and technical assumptions. Such director shall calculate the changes in the projected budget surplus as a result of differences in economic and technical assumptions contained in the report issued by the Director of the Congressional Budget Office in `The Economic and Budget Outlook: An Update', published on July 1, 1999. The Director of the Office of Management and Budget shall compute the difference (if any) in the budget surplus projections as a result of economic and technical changes from the economic and technical assumptions used in such report. ``(e) Notwithstanding any other provision of law, the amounts in the Debt Reduction Lockbox-- ``(1) shall not be available for appropriation, obligation, expenditure, or transfer, except as specified in subsection (c); and ``(2) shall be exempt from reduction under any order issued under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 and shall be excluded from and not taken into account for purposes of any budget enforcement procedures under that part.''. (2) Conforming Amendment.--The chapter analysis for chapter 11 of title 31, United States Code, is amended by adding after the item relating to section 1119 the following new item: ``1120. Debt Reduction Lockbox.''. (b) Listing of the Account Among Government Trust Funds.--Section 1321(a) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(92) Debt Reduction Lockbox.''. (c) Requirement for the President To Report Annually on the Status of the Lockbox.--Section 1105(a) of title 31, United States Code, is amended by inserting after paragraph (30) the following new paragraph: ``(31) information about the Debt Reduction Lockbox, including a separate statement of amounts in and Federal debt redeemed by that Lockbox.''. SEC. 5. PROTECTION OF DEBT REDUCTION LOCKBOX. (a) Points of Order To Protect Debt Reduction Lockbox.--Section 312 of the Congressional Budget Act of 1974 (as amended by section 2) is further amended by adding at the end the following new subsection: ``(h) Points of Order To Protect Debt Reduction Lockbox.-- ``(1) Concurrent resolutions on the budget.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget, or conference report thereon or amendment thereto, that would set forth an amount in the Debt Reduction Lockbox for any fiscal year that is less than the amount set forth in section 1120 of title 31, United States Code. ``(2) Subsequent legislation.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report if-- ``(A) the enactment of that bill or resolution as reported; ``(B) the adoption and enactment of that amendment; or ``(C) the enactment of that bill or resolution in the form recommended in that conference report, would cause an on-budget surplus for any fiscal year that is less than the amount set forth in the most recent concurrent resolution on the budget for the Debt Reduction Lockbox. ``(3) Definition.--For purposes of this section, the term `on-budget surplus', when applied to a fiscal year, means the surplus in the budget as set forth in the most recently agreed to concurrent resolution on the budget pursuant to section 301(a)(3) for that fiscal year.''. (b) Content of Concurrent Resolution on the Budget.--Section 301(a) of the Congressional Budget Act of 1974 (as amended by section 2) is further amended by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively, and by inserting after paragraph (6) the following new paragraph: ``(7) the amount of the Debt Reduction Lockbox;''. (c) Super Majority Requirement.--(1) Section 904(c)(1) of the Congressional Budget Act of 1974 is amended by inserting ``312(h),'' after ``312(g),''. (2) Section 904(d)(2) of the Congressional Budget Act of 1974 is amended by inserting ``312(h),'' after ``312(g),''. SEC. 6. DEBT REDUCTION DIVIDEND FOR SOCIAL SECURITY. (a) Funds To Be Reserved for Social Security and Medicare Reform.-- Section 201 of the Social Security Act (42 U.S.C. 401) is amended by adding at the end the following new subsection: ``(n) Debt Reduction Dividend.--(1) The Secretary of the Treasury shall determine on or before October 1 of each fiscal year the debt reduction dividend for such fiscal year. The debt reduction dividend for a fiscal year is an amount equal to the excess of-- ``(A) $229,000,000,000, over ``(B) total net interest expenditures by the Federal Government during the preceding fiscal year. ``(2) There is hereby reserved for social security and medicare reform for each fiscal year beginning on or after October 1, 1999, amounts equal in the aggregate to 100 percent of the debt reduction dividend for such fiscal year. Of the amounts so reserved, 75 percent is for social security reform and 25 percent for medicare reform.''. (b) Paygo Exemption.--(1) Any transfer of funds to the Federal Old- Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund or to the Federal Hospital Insurance Trust Fund equal to or less than the amount reserved in section 201(n) of the Social Security Act for each such fund that are included in social security reform legislation or medicare reform legislation, as applicable, shall not count as an outlay for purpose of the pay-as-you- go requirement contained in section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 and shall be exempt from any sequestration under that Act. (2)(A) For purposes of paragraph (1), the term ``social security reform legislation'' refers to legislation that the chief actuary of the Social Security Administration certifies legislation extends the solvency of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, taken together, for 75 years. (B) For purposes of paragraph (1), the term ``medicare reform legislation'' refers to legislation that the chief actuary of the Health Care Financing Administration certifies extends the solvency of the Federal Hospital Insurance Trust Fund for 20 years.

Makes it out of order in the House or the Senate to consider any bill, joint resolution, amendment, motion, or conference report if the enactment of the reported bill or resolution, the adoption and enactment of an amendment, or the enactment of a bill or resolution in the form recommended in the conference report would cause or increase an on-budget deficit for any fiscal year. Includes the receipts, outlays, and surplus or deficit in the Federal Old-Age and Survivors and Disability Insurance Trust Funds within the content of the concurrent budget resolution. (Sec. 3) Requires any official Federal Government statement of the Federal or congressional budget surplus or deficit totals to exclude the outlays and receipts of the Old-Age, Survivors, and Disability Insurance Program under the Social Security Act. Requires such outlays and receipts to be submitted in separate social security budget documents. (Sec. 4) Amends Federal public finance provisions to establish a Debt Reduction Lockbox within the Treasury to retire publicly held debt obligations of the U.S. Government. Appropriates funds to the Lockbox for FY 2000 through 2009. Requires the Director of the Office of Management and Budget (OMB) to: (1) compute the projected budget surplus for the fiscal year using up-to-date economic and technical assumptions; (2) calculate the changes in the projected surplus as a result of differences in economic and technical assumptions contained in a Congressional Budget Office report entitled "The Economic and Budget Outlook: An Update;" and (3) compute any difference in projections as a result of such changes from the assumptions used in the report. Adjusts amounts provided for the Lockbox for FY 2001 through 2004 by an amount equal to the change in the budget surplus for that fiscal year as a result of the changes determined by OMB. Provides that amounts in the Lockbox shall be unavailable for appropriation, obligation, expenditure, or transfer, except as specified, and shall be exempt from reduction under orders issued under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and not taken into account for purposes of budget enforcement procedures under such part. Requires the President to include information about the Lockbox in the annual budget submission. (Sec. 5) Provides a point of order in the House and the Senate against consideration of: (1) any concurrent budget resolution (or related conference report or amendment) that would set forth an amount in the Lockbox for any fiscal year that is less than the amount set forth in this Act; or (2) legislation that would cause an on- budget surplus for any fiscal year that is less than the amount set forth in the most recent concurrent budget resolution for the Lockbox. Includes the amount of the Lockbox within the content of the concurrent budget resolution. Authorizes a waiver or suspension in the Senate of points of order under this Act only with a three-fifths majority. Requires the same majority to sustain an appeal on a ruling on such points of order. (Sec. 6) Amends the Social Security Act to require the Secretary of the Treasury to determine, before October 1 of each fiscal year, the debt reduction dividend for such fiscal year. Provides that such dividend is equal to the excess of $229 billion over total net interest expenditures by the Federal Government during the preceding fiscal year. Reserves for social security and Medicare reform for each fiscal year beginning on or after October 1, 1999, amounts equal to 100 percent of such dividend for such fiscal year. Allocates 75 percent to social security reform and 25 percent to Medicare reform. Provides that any transfer of funds to the Old-Age and Survivors and Disability Insurance Trust Funds or to the Federal Hospital Insurance Trust Fund equal to or less than the amount reserved under this section for each such fund that are included in social security or Medicare reform legislation, as applicable, shall not count as an outlay for purposes of a pay-as-you-go requirement under the Gramm-Rudman-Hollings Act and shall be exempt from sequestration. Defines: (1) "social security reform legislation" as legislation that the chief actuary of the Social Security Administration certifies extends the solvency of the Old-Age and Survivors and Disability Insurance Trust Funds, taken together, for 75 years; and (2) "Medicare reform legislation" as legislation that the chief actuary of the Health Care Financing Administration certifies extends the solvency of the Federal Hospital Insurance Trust Fund for 20 years.

Debt Reduction Lockbox Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ecosystem Management Act of 1994''. SEC. 2. ECOSYSTEM MANAGEMENT. (a) Definitions.--Section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702) is amended by adding at the end the following new subsections: ``(q) The term `Indian tribe' means any Indian tribe, band, nation, or other organized group or community (including any Alaska Native village or Regional Corporation established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)) that is recognized as eligible for the special services provided by the United States to Indians because of their status as Indians. ``(r) The term `systems approach', with respect to an ecosystem, means an interdisciplinary scientific method of analyzing the ecosystem as a whole that takes into account the interconnections of the ecosystem. ``(s) The term `tribal organization' has the meaning given such term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)).''. (b) Ecosystem Management.--Title II of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711 et seq.) is amended by adding at the end the following new sections: ``ecosystem management ``Sec. 216. It is the policy of the Federal Government to carry out ecosystem management with respect to public lands in accordance with the following principles: ``(1) Human populations form an integral part of ecosystems. ``(2) It is important to address human needs in the context of other environmental attributes-- ``(A) in recognition of the dependency of human economies on viable ecosystems; and ``(B) in order to ensure diverse, healthy, productive, and sustainable ecosystems. ``(3) A systems approach to ecosystem management furthers the goal of conserving biodiversity. ``(4) Ecosystem management provides for the following: ``(A) The promotion of the stewardship of natural resources. ``(B) The formation of partnerships of public and private interests to achieve shared goals for the stewardship of natural resources. ``(C) The promotion of public participation in decisions and activities related to the stewardship of natural resources. ``(D) The use of the best available scientific knowledge and technology to achieve the stewardship of natural resources. ``(E) The establishment of cooperative planning and management activities to protect and manage ecosystems that cross jurisdictional boundaries. ``(F) The implementation of cooperative, coordinated planning activities among Federal, tribal, State, local, and private landowners. ``ecosystem management commission ``Sec. 217. (a) Establishment.--There is established an Ecosystem Management Commission (referred to in this section as the `Commission'). ``(b) Purposes of the Commission.--The purposes of the Commission are as follows: ``(1) To advise the Secretary and Congress concerning policies relating to ecosystem management on public lands. ``(2) To examine opportunities for and constraints on achieving cooperative and coordinated ecosystem management strategies that provide for cooperation between the Federal Government and Indian tribes, States and political subdivisions of States, and private landowners to incorporate a multijurisdictional approach to ecosystem management. ``(c) Members.--The Commission shall consist of the following 16 individuals: ``(1) From the Committee on Energy and Natural Resources of the Senate: ``(A) The Chairman (or a designee of the Chairman) and the Ranking Minority Member (or a designee of the Member). ``(B) The Chairman (or a designee of the Chairman) and the Ranking Minority Member (or a designee of the Member) of the Subcommittee on Public Lands, National Parks and Forests. ``(2) From the Committee on Appropriations of the Senate: ``(A) The Chairman (or a designee of the Chairman) and the Ranking Minority Member (or a designee of the Member). ``(B) The Chairman (or a designee of the Chairman) and the Ranking Minority Member (or a designee of the Member) of the Subcommittee on Interior and Related Agencies. ``(3) From the Committee on Natural Resources of the House of Representatives: ``(A) The Chairman (or a designee of the Chairman) and the Ranking Minority Member (or a designee of the Member). ``(B) The Chairman (or a designee of the Chairman) and the Ranking Minority Member (or a designee of the Member) of the Subcommittee on National Parks, Forests, and Public Lands. ``(4) From the Committee on Appropriations of the House of Representatives: ``(A) The Chairman (or a designee of the Chairman) and the Ranking Minority Member (or a designee of the Member). ``(B) The Chairman (or a designee of the Chairman) and the Ranking Minority Member (or a designee of the Member) of the Subcommittee on Interior. ``(d) Chairman.--The Commission shall elect a Chairman from among the members of the Commission. ``(e) Duties of the Commission.--The duties of the Commission are as follows: ``(1) To conduct studies to accomplish the following: ``(A) To develop, in a manner consistent with section 216, a definition of the term `ecosystem management'. ``(B) To identify appropriate geographic scales for coordinated ecosystem-based planning. ``(C) To identify, with respect to the Federal Government, the governments of Indian tribes, States and political subdivisions of States, and private landowners, constraints on, and opportunities for, ecosystem management in order to facilitate the coordination of planning activities for ecosystem management among the governments and private landowners. ``(D) To identify strategies for implementing ecosystem management that recognize the following: ``(i) The role of human populations in the operation of ecosystems. ``(ii) The dependency of human populations on sustainable ecosystems for the production of goods and the provision of services. ``(E) To examine this Act, and each other Federal law or policy that directly or indirectly affects the management of public lands, including Federal lands that have been withdrawn from the public domain, to determine whether any legislation or changes to administrative policies, practices, or procedures are necessary to facilitate ecosystem management by the Federal Government in accordance with section 216. ``(F) To examine the budget and operation of each Federal department or agency with responsibilities related to ecosystem management to determine whether changes are needed to facilitate ecosystem management. ``(G) To identify incentives, such as trust funds, to encourage Indian tribes, States and political subdivisions of States, and private landowners to assist the Federal Government in the development of ecosystem management strategies. ``(H) To identify disincentives that may be used to discourage the entities described in subparagraph (G) from refusing to assist the Federal Government in the development of ecosystem management strategies. ``(I) To determine the necessity for one or more governmental entities-- ``(i) to establish a new river basin commission or other regional entity, ``(ii) to enter into a new interstate compact, or ``(iii) to take any other related action, in order to facilitate the implementation of ecosystem management and to ensure the coordination of planning activities with other governmental entities in a manner consistent with section 216 and this section. ``(J) To identify, through the use of case studies that represent different regions of the United States (including the Columbia River Basin in the Western United States and the New York-New Jersey Highlands area in the Eastern United States), opportunities for and constraints on the coordination of planning activities of the Federal Government, Indian tribes, State governments, and the governments of political subdivisions of States, and private landowners to accomplish the following: ``(i) To implement ecosystem management. ``(ii) To serve as a framework for cooperative planning efforts across the United States. ``(2) To develop recommendations concerning the findings of the studies described in paragraph (1). ``(3) To submit to Congress and the Secretary, not later than 1 year after the date of enactment of the Ecosystem Management Act of 1994, a report that contains the findings of the studies conducted pursuant paragraph (1) and the recommendations developed pursuant to paragraph (2). ``(f) Meetings.-- ``(1) Not later than 180 days after the date of enactment of the Ecosystem Management Act of 1994, the Commission shall hold its initial meeting. ``(2) Subsequent meetings shall be held at the call of the Chairman. ``(g) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. ``(h) Powers of the Commission .--(1) 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 appropriate to carry out this section. ``(2) The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the duties of the Commission, specified in subsection (e). Upon request of the Chairman of the Commission, the head of such Federal department or agency shall furnish such information to the Commission. ``(3) The Commission may use the United States mails in the same manner and under the same conditions as other Federal departments or agencies. ``(4) The Commission may accept, use, and dispose of gifts or donations of services or property. ``(i) Personnel and Services.--The Secretary shall detail without reimbursement such personnel, and provide such services without reimbursement to the Commission as the Commission may require to carry out the duties specified in subsection (e). An employee of the Federal Government detailed to the Commission under this subsection shall serve without interruption or loss of civil service status or privilege. ``(j) 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 services for the Commission. ``(k) Advisory Committee.--(1) Not later than 90 days after the date of enactment of the Ecosystem Management Act of 1994, the Secretary shall establish an Ecosystem Management Advisory Committee (referred to in this section as the `Advisory Committee') to assist the Commission in preparing and reviewing the report required by subsection (e)(3). ``(2) The Secretary shall appoint 13 members to the Advisory Committee by the date specified in paragraph (1) as follows: ``(A) Two members shall be selected from nominations submitted by tribal organizations located in States that have a significant amount of public lands (as determined by the Secretary). ``(B) Three members shall be officials of a government of a State or political subdivision of a State or a community organization (as determined by the Secretary) selected from nominations from the Governors of States described in subparagraph (A) or from the Western Governors Association. ``(C) Two members shall be representatives of conservation groups who have substantial experience and expertise in public land policies. ``(D) Two members shall be representatives of industrial concerns who have substantial experience and expertise in public land policies. ``(E) Two members shall be representatives of scientific or professional societies who are familiar with the concept of ecosystem management. ``(F) Two members shall be representatives from the legal community with recognized legal expertise in the areas of-- ``(i) constitutional or land use law; and ``(ii) public land policy. ``(3) The Advisory Committee shall select a Chairman from among the members of the Advisory Committee. ``(4) The Advisory Committee shall hold an initial meeting not later than 30 days after the Commission holds its initial meeting pursuant to subsection (f)(1). Subsequent meetings shall be held at the call of the Chairman. ``(5) The Advisory Committee shall have same authorities granted to the Commission under paragraphs (1) through (4) of subsection (h). ``(6) The members of the Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Advisory Committee. ``(l) Termination of Commission and Advisory Committee.--The Commission and Advisory Committee shall terminate on the date that is 30 days after the Commission submits a report to the Secretary and to Congress under subsection (e)(3). ``(m) Exemption From Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission or to the Advisory Committee. ``(n) Authorization of Appropriations.--There are authorized to be appropriated to the Department of the Interior $10,000,000 to carry out this section.''. SEC. 3. CONFORMING AMENDMENTS. (a) Amendment to Table of Contents.--The table of contents at the beginning of the Federal Land Policy and Management Act of 1976 is amended by adding at the end of the items relating to title II the following new items: ``Sec. 215. Authority with respect to certain withdrawals. ``Sec. 216. Ecosystem management. ``Sec. 217. Ecosystem Management Commission.''. (b) Technical Amendment.--Before section 215 of such Act (43 U.S.C. 1723) insert the following new heading: ``authority with respect to certain withdrawals''.

Ecosystem Management Act of 1994 - Amends the Federal Land Policy and Management Act of 1976 to establish an Ecosystem Management Commission to: (1) advise the Secretary of the Interior and the Congress concerning policies relating to ecosystem management on public lands; and (2) examine opportunities for and constraints on achieving cooperative and coordinated ecosystem management strategies that provide for cooperation between the Federal Government and Indian tribes, States and political subdivisions of States, and private landowners to incorporate a multijurisdictional approach to ecosystem management. Requires the Secretary to establish an Ecosystem Management Advisory Committee to assist the Commission. Authorizes appropriations.

Ecosystem Management Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Intelligence Reorganization Act of 2005''. SEC. 2. UNIFIED COMBATANT COMMAND FOR MILITARY INTELLIGENCE. (a) In General.--Chapter 6 of title 10, United States Code, is amended by inserting after section 167a the following new section: ``Sec. 167b. Unified combatant command for military intelligence ``(a) Establishment.--(1) With the advice and assistance of the Chairman of the Joint Chiefs of Staff, the President, through the Secretary of Defense, shall establish under section 161 of this title a unified combatant command for military intelligence (hereinafter in this section referred to as the `military intelligence command'). ``(2) The principle functions of the military intelligence command are-- ``(A) to coordinate the military intelligence activities that support the Director of National Intelligence; ``(B) to represent the Department of Defense within the intelligence community under the Director of National Intelligence; ``(C) to ensure that intelligence collection requirements for the armed forces are communicated to, and the fulfillment of such requirements are coordinated with, the Director of National Intelligence; ``(D) to coordinate all military intelligence activities; and ``(E) to develop new military intelligence collection capabilities. ``(b) Assignment of Forces and Civilian Personnel.--(1) Unless otherwise directed by the Secretary of Defense, all active and reserve military intelligence forces of the armed forces within the elements of the Department of Defense referred to in subsection (i)(2) shall be assigned to the military intelligence command. ``(2) Unless otherwise directed by the Secretary of Defense, the civilian personnel of the elements of the Department of Defense referred to in subsection (i)(2) shall be under the military intelligence command. ``(c) Grade of Commander.--(1) The commander of the military intelligence command shall hold the grade of general or, in the case of an officer of the Navy, admiral while serving in that position, without vacating that officer's permanent grade. The commander of such command shall be appointed by the President, by and with the consent of the Senate, for service in that position. ``(2) The officer appointed as commander of the military intelligence command shall not, while serving in that position, be counted against the numbers and percentages of officers of the grade of that officer authorized for the armed force of that officer. ``(d) Duties of Commander.--Unless otherwise directed by the President or the Secretary of Defense, the commander of the military intelligence command shall-- ``(1) carry out intelligence collection and analysis activities in response to requests from the Director of National Intelligence; ``(2) serve as the principle advisor to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the Director of National Intelligence on all matters relating to military intelligence; and ``(3) discharge any responsibilities assigned to the commander under section 427(b) of this title. ``(e) Authority of Commander.--(1) In addition to the authority prescribed in section 164(c) of this title, the commander of the military intelligence command shall be responsible for, and shall have the authority to conduct, all affairs of the command relating to military intelligence activities. ``(2) The commander of the military intelligence command shall be responsible for, and shall have the authority to conduct, the following functions relating to military intelligence activities: ``(A) Developing strategy, doctrine, and tactics. ``(B) Establishing priorities for military intelligence in harmony with national priorities established by the Director of National Intelligence and approved by the President. ``(C) Ensuring the interoperability of intelligence sharing within the Department of Defense and between the Department of Defense and the intelligence community as a whole, as directed by the Director of National Intelligence. ``(D) Serving as the program manager for the Joint Military Intelligence Program (JMIP) and the Tactical Intelligence and Related Activities (TIARA) program. ``(E) Preparing and submitting to the Secretary of Defense and the Director of National Intelligence recommendations and budget proposals for military intelligence forces and activities. ``(F) Exercising authority, direction, and control over the expenditure of funds for personnel and activities assigned to the command. ``(G) Training military and civilian personnel assigned to or under the command. ``(H) Conducting specialized courses of instruction for military and civilian personnel assigned to or under the command. ``(I) Validating requirements for military intelligence activities. ``(J) Formulating and submitting requirements to other commanders of the unified combatant commands to support military intelligence activities. ``(3) The commander of the military intelligence command shall be responsible for-- ``(A) ensuring that the military intelligence requirements of the other unified combatant commanders are satisfied; and ``(B) responding to intelligence requirements levied by the Director of National Intelligence. ``(4)(A) The commander of the military intelligence command shall be responsible for, and shall have the authority to conduct the development and acquisition of specialized technical intelligence capabilities. ``(B) Subject to the authority, direction, and control of the Secretary of Defense, the commander of the command, in carrying out the function under subparagraph (A), shall have authority to exercise the functions of the head of an agency under chapter 137 of this title. ``(f) Inspector General.--The staff of the commander of the military intelligence command shall include an inspector general who shall conduct internal audits and inspections of purchasing and contracting actions through the command and such other inspector general functions as may be assigned. ``(g) Budget.--In addition to the activities of a combatant commander for which funding may be requested under section 166(b) of this title, the budget proposal for the military intelligence command shall include requests for funding for-- ``(1) development and acquisition of military intelligence collection systems; and ``(2) acquisition of other material, supplies, or services that are peculiar to military intelligence activities. ``(h) Regulations.--The Secretary of Defense shall prescribe regulations for the activities of the military intelligence command. The regulations shall include authorization for the commander of the command to provide for operational security of military intelligence forces, civilian personnel, and activities. ``(i) Identification of Military Intelligence Forces.--(1) For purposes of this section, military intelligence forces are the following: ``(A) The forces of the elements of the Department of Defense referred to in paragraph (2) that carry out military intelligence activities. ``(B) Any other forces of the armed forces that are designated as military intelligence forces by the Secretary of Defense. ``(2) The elements of the Department of Defense referred to in this paragraph are as follows: ``(A) The Defense Intelligence Agency. ``(B) Any intelligence activities or units of the military departments designated by the Secretary of Defense for purposes of this section. ``(j) Military Intelligence Activities.--For purposes of this section, military intelligence activities include each of the following insofar as it relates to military intelligence: ``(1) Intelligence collection. ``(2) Intelligence analysis. ``(3) Intelligence information management. ``(4) Intelligence workforce planning. ``(5) Such other activities as may be specified by the President or the Secretary of Defense. ``(k) Intelligence Community Defined.--In this section, the term `intelligence community' means the elements of the intelligence community listed or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 167a the following new item: ``167b. Unified combatant command for military intelligence.''. SEC. 3. DIRECTION AND OVERSIGHT OF DEPARTMENT OF DEFENSE NATIONAL INTELLIGENCE AGENCIES. (a) In General.--Subchapter I of chapter 21 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 427. Department of Defense national intelligence agencies: direction and oversight ``(a) In General.--Unless otherwise directed by the President, the Secretary of Defense shall direct, supervise, and oversee the head of each Department of Defense national intelligence agency in such official's exercise of the functions as head of such agency. ``(b) Discharge Through Commander of Military Intelligence Command.--(1) The Secretary of Defense may direct that communications between the Secretary and the head of a Department of Defense national intelligence agency be transmitted through the commander of the military intelligence command under section 167b of this title. ``(2) The Secretary of Defense may assign to the commander of the military intelligence command responsibility for directing, supervising, and overseeing the activities of any Department of Defense national intelligence agency. ``(c) Department of Defense National Intelligence Agency Defined.-- In this section, the term `Department of Defense national intelligence agency' means each of the following: ``(1) The National Security Agency. ``(2) The National Geospatial-Intelligence Agency. ``(3) The National Reconnaissance Office.''. (b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: ``427. Department of Defense national intelligence agencies: direction and oversight.''. SEC. 4. MODIFICATION OF ELEMENTS OF THE INTELLIGENCE COMMUNITY. Section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)), as amended by section 1073 of the National Security Intelligence Reform Act of 2004 (title I of Public Law 108-458), is further amended-- (1) by striking subparagraph (D) and inserting the following new subparagraph (D): ``(D) The military intelligence command.''; (2) by striking subparagraphs (G) and (H); and (3) by redesignating subparagraphs (I), (J), (K), and (L) as subparagraphs (G), (H), (I), and (J), respectively.

Military Intelligence Reorganization Act of 2005 - Requires the President, through the Secretary of Defense, to establish a unified combatant command for military intelligence (military intelligence command) to: (1) coordinate all military intelligence activities; (2) represent the Department of Defense (DOD) in the intelligence community under the National Intelligence Director (NID); (3) ensure that intelligence collection requirements are communicated to, and coordinated with, the NID; and (4) coordinate and develop military intelligence activities and capabilities. Requires the assignment of all active and reserve military intelligence forces of the Armed Forces within specified DOD elements, and civilian personnel of such elements, to the military intelligence command unless otherwise directed by the Secretary. Sets forth the duties and authority of the commander of the military intelligence command. Requires the staff of the commander to include an inspector general. Requires the military intelligence command budget proposal to include funding requests for development and acquisition of military intelligence collection systems and acquisition of other material, supplies, or services peculiar to military intelligence activities. Requires the Secretary to direct, supervise, and oversee the head of each DOD national intelligence agency in the exercise of military intelligence functions.

A bill to amend title 10, United States Code, to provide for the establishment of a unified combatant command for military intelligence, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Privacy Act of 1994''. SEC. 2. FINDINGS AND DECLARATION OF POLICY. (a) Findings.--The Congress finds the following: (1) The social security account number is a very effective and powerful method of identifying individuals in modern society and its use must therefor be restricted if reasonable levels of privacy are to be maintained. (2) Numerous citizens concerned for their privacy have petitioned the Congress that use of their social security account numbers at all levels of government be restricted. (b) Declaration of Policy.--It is therefore the policy of the Congress to restrict the use of the social security account number to purposes most directly related to social security and other social services. SEC. 3. RESTRICTIONS ON USE OF SOCIAL SECURITY ACCOUNT NUMBERS. (a) In General.--So much of section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)) as precedes clause (iii) is amended to read as follows: ``(C)(i) Except to the extent otherwise provided in this subsection or to the extent otherwise provided in any other provision of Federal law specifically referring to this subparagraph, it shall be unlawful for the Federal Government, any State (or political subdivision thereof), or any agency thereof-- ``(I) to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his or her social security account number assigned by the Secretary, or ``(II) to utilize, without the individual's written consent, any number consisting in whole or in part of the individual's social security account number assigned by the Secretary, or any derivitive thereof, for purposes of identifying the individual. Any Federal, State, or local government agency which requests an individual to disclose his or her social security account number shall inform such individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it. ``(ii) Any State (or political subdivision thereof) may, in the administration of any general public assistance law within its jurisdiction, utilize the social security account numbers issued by the Secretary for the purpose of establishing the identification of individuals affected by such law, and may require any individual who is or appears to be so affected to furnish to such State (or political subdivision thereof) or any agency thereof having administrative responsibility for such law, the social security account number (or numbers, if he or she has more than one such number) issued to him or her by the Secretary.''. (b) Additional Amendments.--Section 205(c)(2)(C) of such Act is further amended-- (1) by striking the clause (iii) added by section 2201(b)(3) of Public Law 101-624 (relating to administration of section 506 of the Federal Crop Insurance Act); and (2) in clause (v), by striking ``general public assistance, driver's license, or motor vehicle registration law'' and inserting ``general public assistance law'', and by striking ``the laws referred to in clause (i)'' and inserting ``such law''. (c) Clerical and Conforming Amendments.-- (1) Section 205(c)(2)(C) of such Act is further amended-- (A) in the first sentence of clause (iv), by striking ``subclause (I) of''; (B) by striking the second sentence of clause (iv); and (C) by striking the clause (vii) added by section 1735(b) of Public Law 101-264, and, in subclause (IV) of the remaining clause (vii), by inserting ``, or a request therefor,'' after ``number''. (2)(A) Section 205(c)(2)(D) of the Social Security Act (42 U.S.C. 405(c)(2)(D)) (relating to requirement of blood donors to furnish social security account numbers) is repealed. (B) Section 1141(c) of such Act (42 U.S.C. 1320b-11(c)) (relating to Blood Donor Locator Service) is amended by inserting ``(if disclosed by the blood donor to the authorized person making the request)'' after ``social security account number''. (3) Section 7 of the Privacy Act of 1974 (Public Law 93- 579; 88 Stat. 1909) is repealed. (d) Effective Date and Transitional Rules.-- (1) Effective date.--The amendments made by this section shall take effect January 1, 1995. (2) State tax laws.--The amendments made by this section shall not apply with respect to the use, on or after January 1, 1995, by an agency of a State (or a political subdivision thereof) of an individual's social security account number disclosed to such State (or political subdivision) before such date, if-- (A) the disclosure of such number was required under a tax law of such State (or such political subdivision) prior to such date, (B) the disclosure was for the purpose of maintaining a system of records which was in existence and operating before such date, and (C) the use of such number on or after such date is restricted solely to the administration of such tax law. (3) Driver's license and motor vehicle registration.--The amendments made by this section shall not apply with respect to driver's licenses issued, or motor vehicle registrations executed, before January 1, 1995, until the respective renewal dates thereof on or after such date.

Social Security Privacy Act of 1994 - States that it is the policy of the Congress to restrict the use of social security numbers to purposes most directly related to social security and other social services. Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to revise current guidelines on State and local government utilization of social security numbers, with changes generally requiring an individual's written consent before such number, or any derivative thereof, may be used for purposes of identifying the individual.

Social Security Privacy Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Health Professionals Educational Assistance Act of 2009''. SEC. 2. REAUTHORIZATION OF HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE SCHOLARSHIP PROGRAM. (a) In General.--Section 7618 of title 38, United States Code, is amended by striking ``December 31, 1998'' and inserting ``December 31, 2014''. (b) Expansion of Eligibility Requirements.--Section 7612(b)(2) is amended by striking ``(under section'' and all that follows through ``or vocational nurse.'' and inserting the following: ``as an appointee under paragraph (1) or (3) of section 7401 of this title.''. (c) Additional Program Requirements.--Subchapter II of chapter 76 of title 38, United States Code, as amended by subsections (a) and (b), is further amended-- (1) by redesignating section 7618 as section 7619; and (2) by inserting after section 7617 the following new section: ``Sec. 7618. Additional program requirements ``(a) Program Modification.--Notwithstanding any provision of the subchapter, the Secretary shall carry out this subchapter by modifying the Scholarship Program in such a manner that the program and hiring processes are designed to fully employ scholarship program graduates as soon as possible, if not immediately, upon graduation and completion of necessary certifications, and to actively assist and monitor graduates to ensure certifications are obtained in a minimal amount of time following graduation. ``(b) Clinical Tours.--The Secretary shall require participants in the Scholarship Program to perform clinical tours in assignments or locations determined by the Secretary while the participants are enrolled in the course of education or training for which the scholarship is provided. ``(c) Mentors.--The Secretary shall ensure that at the commencement of the period of obligated service of a participant in the Scholarship Program, the participant is assigned to a mentor who is employed in the same facility where the participant performs such service.''. (d) Clerical Amendments.--The table of sections at the beginning of such chapter is amended by striking the item relating to section 7618 and inserting the following new items: ``7618. Additional program requirements. ``7619. Expiration of program.''. SEC. 3. IMPROVEMENTS TO THE EDUCATION DEBT REDUCTION PROGRAM. (a) Inclusion of Employee Retention as Purpose of Program.--Section 7681(2) of title 38, United States Code, is amended by inserting ``and retention'' after ``recruitment'' the first time it appears. (b) Expansion of Eligibility.--Section 7682 of such title is amended-- (1) in subsection (a)(1), by striking ``a recently appointed'' and inserting ``an''; and (2) by striking subsection (c). (c) Increase in Maximum Annual Amount of Payments.--Paragraph (1) of subsection (d) of section 7683 of such title is amended-- (1) by striking ``$44,000'' and inserting ``$60,000''; and (2) by striking ``$10,000'' and inserting ``$12,000''. (d) Exception to Limitation on Amount for Certain Positions.--Such subsection is further amended by adding at the end the following new paragraph: ``(3)(A) The Secretary may waive the limitations under paragraphs (1) and (2) in the case of a participant described in subparagraph (B). In the case of such a waiver, the total amount of education debt repayments payable to that participant is the total amount of the principal and the interest on the participant's loans referred to in subsection (a). ``(B) A participant described in this subparagraph is a participant in the Scholarship Program who the Secretary determines serves in a position for which there is a shortage of qualified employee by reason of either the location or the requirements of the position.''. SEC. 4. LOAN REPAYMENT PROGRAM FOR CLINICAL RESEARCHERS FROM DISADVANTAGED BACKGROUNDS. (a) In General.--The Secretary of Veterans Affairs may, in consultation with the Secretary of Health and Human Services, utilize the authorities available in section 487E of the Public Health Service Act (42 U.S.C. 288-5) for the repayment of the principal and interest of educational loans of appropriately qualified health professionals who are from disadvantaged backgrounds in order to secure clinical research by such professionals for the Veterans Health Administration. (b) Limitations.--The exercise by the Secretary of Veterans Affairs of the authorities referred to in paragraph (1) shall be subject to the conditions and limitations specified in paragraphs (2) and (3) of section 487E(a) of the Public Health Service Act (42 U.S.C. 288-5(a)(2) and (3)). (c) Funding.--Amounts for the repayment of principal and interest of educational loans under this subsection shall be derived from amounts available to the Secretary of Veterans Affairs for the Veterans Health Administration for Medical Services. SEC. 5. INCLUSION OF DEPARTMENT OF VETERANS AFFAIRS FACILITIES IN LIST OF FACILITIES ELIGIBLE FOR ASSIGNMENT OF PARTICIPANTS IN NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP PROGRAM. (a) Inclusion of Facilities.--The Secretary of Veterans Affairs shall transfer up to $20,000,000 from accounts of the Veterans Health Administration to the Secretary of Health and Human Services to be used to include facilities of the Department of Veterans Affairs on the list maintained by the Health Resources and Services Administration of facilities eligible for assignment of participants in the National Health Service Corps Scholarship Program. (b) Identification of Eligible Facilities.--The Secretary shall identify all medical centers and community-based outpatient clinics of the Department that may be eligible for assignment of participants in the National Health Service Corps Scholarship Program. In making such identifications, the Secretary shall use the eligibility criteria used by the National Health Service Corps for the health professional shortage area designation. (c) Application.--To be included on the list maintained by the Health Resources and Services Administration of facilities eligible for assignment of participants in the National Health Service Corps Scholarship Program, each medical center or clinic identified by the Secretary under subsection (b) shall submit an application to the Health Resources and Services Administration.

Veterans Health Professionals Educational Assistance Act of 2009 - Reinstates the Department of Veterans Affairs (VA) health professionals educational assistance scholarship program and permits furnishing scholarships to new participants in the program through 2014. Requires the Secretary of Veterans Affairs, as additional requirements under such program, to: (1) modify the program in such a way that program graduates can be employed as soon as possible upon graduation and to actively assist and monitor graduates to ensure certifications are obtained in a minimal period following graduation; (2) require program participants to perform clinical tours; and (3) assign to each program participant a mentor who is employed at the same facility where the participant performs post-graduation obligated service. Increases maximum payments under the VA education debt reduction program. Allows the Secretary to waive such limits. Authorizes the Secretary to provide an educational loan repayment program for clinical researchers from disadvantaged backgrounds, in order to secure clinical research for the Veterans Health Administration. Directs the Secretary to: (1) transfer specified funds to the Secretary of Health and Human Services (HHS) for including VA facilities on a list of facilities eligible for assignment of participants in the National Health Service Corps Scholarship Program; and (2) identify all VA medical centers and community-based outpatient clinics that may be eligible for such assignments.

To amend title 38, United States Code, to make certain improvements in the laws administered by the Secretary of Veterans Affairs relating to educational assistance for health professionals, and for other purposes.

SECTION 1. SHORT TITLE. This bill shall be called the ``National Petroleum Reserve Alaska Access Act''. SEC. 2. SENSE OF CONGRESS AND REAFFIRMING NATIONAL POLICY FOR THE NATIONAL PETROLEUM RESERVE IN ALASKA. It is the sense of Congress that-- (1) the National Petroleum Reserve in Alaska remains explicitly designated, both in name and legal status, for purposes of providing oil and natural gas resources to the United States; and (2) accordingly, the national policy is to actively advance oil and gas development within the Reserve by facilitating the expeditious exploration, production, and transportation of oil and natural gas from and through the Reserve. SEC. 3. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE SALES. Section 107(a) of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6506a(a)) is amended to read as follows: ``(a) In General.--The Secretary shall conduct an expeditious program of competitive leasing of oil and gas in the reserve in accordance with this Act. Such program shall include at least one lease sale annually in those areas of the reserve most likely to produce commercial quantities of oil and natural gas each year in the period 2013 through 2023.''. SEC. 4. NATIONAL PETROLEUM RESERVE IN ALASKA: PLANNING AND PERMITTING PIPELINE AND ROAD CONSTRUCTION. (a) In General.--Notwithstanding any other provision of law, the Secretary of the Interior, in consultation with other appropriate Federal agencies, shall facilitate and ensure permits, in a timely and environmentally responsible manner, for all surface development activities, including for the construction of pipelines and roads, necessary to-- (1) develop and bring into production any areas within the National Petroleum Reserve in Alaska that are subject to oil and gas leases; and (2) transport oil and gas from and through the National Petroleum Reserve in Alaska in the most direct manner possible to existing transportation or processing infrastructure on the North Slope of Alaska. (b) Timeline.--The Secretary shall ensure that any Federal permitting agency shall issue permits in accordance with the following timeline: (1) Permits for such construction for transportation of oil and natural gas produced under existing Federal oil and gas leases with respect to which the Secretary has issued a permit to drill shall be approved within 60 days after the date of enactment of this Act. (2) Permits for such construction for transportation of oil and natural gas produced under Federal oil and gas leases shall be approved within 6 months after the submission to the Secretary of a request for a permit to drill. (c) Plan.--To ensure timely future development of the Reserve, within 270 days after the date of the enactment of this Act, the Secretary of the Interior shall submit to Congress a plan for approved rights-of-way for a plan for pipeline, road, and any other surface infrastructure that may be necessary infrastructure that will ensure that all leasable tracts in the Reserve are within 25 miles of an approved road and pipeline right-of-way that can serve future development of the Reserve. SEC. 5. ISSUANCE OF A NEW INTEGRATED ACTIVITY PLAN AND ENVIRONMENTAL IMPACT STATEMENT. (a) Issuance of New Integrated Activity Plan.--The Secretary of the Interior shall, within 180 days after the date of enactment of this Act, issue-- (1) a new proposed integrated activity plan from among the non-adopted alternatives in the National Petroleum Reserve Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013; and (2) an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) for issuance of oil and gas leases in the National Petroleum Reserve-Alaska to promote efficient and maximum development of oil and natural gas resources of such reserve. (b) Nullification of Existing Record of Decision, IAP, and EIS.-- Except as provided in subsection (a), the National Petroleum Reserve- Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013, including the integrated activity plan and environmental impact statement referred to in that record of decision, shall have no force or effect. SEC. 6. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT. The Secretary of the Interior shall issue regulations not later than 180 days after the date of enactment of this Act that establish clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the National Petroleum Reserve-Alaska. SEC. 7. DEADLINES UNDER NEW PROPOSED INTEGRATED ACTIVITY PLAN. At a minimum, the new proposed integrated activity plan issued under section 5(a)(1) shall-- (1) require the Department of the Interior to respond within 5 business days to a person who submits an application for a permit for development of oil and natural gas leases in the National Petroleum Reserve-Alaska acknowledging receipt of such application; and (2) establish a timeline for the processing of each such application, that-- (A) specifies deadlines for decisions and actions on permit applications; and (B) provide that the period for issuing each permit after submission of such an application shall not exceed 60 days without the concurrence of the applicant. SEC. 8. UPDATED RESOURCE ASSESSMENT. (a) In General.--The Secretary of the Interior shall complete a comprehensive assessment of all technically recoverable fossil fuel resources within the National Petroleum Reserve in Alaska, including all conventional and unconventional oil and natural gas. (b) Cooperation and Consultation.--The resource assessment required by subsection (a) shall be carried out by the United States Geological Survey in cooperation and consultation with the State of Alaska and the American Association of Petroleum Geologists. (c) Timing.--The resource assessment required by subsection (a) shall be completed within 24 months of the date of the enactment of this Act. (d) Funding.--The United States Geological Survey may, in carrying out the duties under this section, cooperatively use resources and funds provided by the State of Alaska.

. National Petroleum Reserve Alaska Access Act - (Sec. 2) Expresses the sense of Congress that: (1) the National Petroleum Reserve (NPR) in Alaska remains explicitly designated to provide oil and natural gas resources to the United States, and (2) it is national policy to actively advance oil and gas development within the NPR. (Sec. 3) Amends the Naval Petroleum Reserves Production Act of 1976 to require the mandatory program of competitive leasing of oil and gas in the NPR to include at least one lease sale annually in those areas of the NPR most likely to produce commercial quantities of oil and natural gas each year in the period 2013-2023. (Sec. 4) Directs the Secretary of the Interior to ensure permits according to a specified time line for all surface development activities, including pipelines and roads construction to: (1) develop and bring into production any areas within the NPR that are subject to oil and gas leases, and (2) transport oil and gas from and through the NPR to existing transportation or processing infrastructure on the North Slope of Alaska. Requires the Secretary to ensure that any federal permitting agency shall issue permits for construction for transportation of oil and natural gas under existing federal oil and gas leases with drilling permits within 60 days after enactment of this Act. Requires approval of drilling permits under new federal oil and gas leases within 6 months after submission to the Secretary of a permit request.Directs the Secretary to submit to Congress a plan for approved rights-of-way for any plan for pipeline, road, and any other necessary surface infrastructure that will ensure that all leasable tracts in the NPR are within 25 miles of an approved road and pipeline right-of-way that can serve future development of the NPR. (Sec. 5) Directs the Secretary to issue: (1) a new proposed integrated activity plan from among the non-adopted alternatives in the NPR Alaska Integrated Activity Plan Record of Decision dated February 21, 2013, and (2) an environmental impact statement under the National Environmental Policy Act of 1969 (NEPA) for issuance of oil and gas leases in the NPR-Alaska to promote efficient and maximum development of oil and natural gas resources of such reserve. Nullifies the February 21, 2013, Record of Decision, including its integrated activity plan and environmental impact statement. (Sec. 6) Instructs the Secretary to issue regulations establishing clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the NPR. (Sec. 7) Prescribes requirements for the new proposed integrated activity plan, including a departmental deadline for response to lease development permit applications and a timeline for processing each application. (Sec. 8) Requires the Secretary to assess all technically recoverable fossil fuel resources within the NPR, including all conventional and unconventional oil and natural gas. Directs the U.S. Geological Survey (USGS), in cooperation with the state of Alaska and the American Association of Petroleum Geologists, to carry out and complete the resource assessment within 24 months after enactment of this Act. Authorizes the USGS to use resources and funds provided by the state of Alaska in carrying out such assessment.

National Petroleum Reserve Alaska Access Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Offshore Fairness Act of 2005''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to provide equity to the States of Louisiana, Mississippi, and Alabama with respect to the seaward boundaries of the States in the Gulf of Mexico by extending the seaward boundaries from 3 geographical miles to 3 marine leagues if the State meets certain conditions not later than 5 years after the date of enactment of this Act; (2) to convey to the States of Louisiana, Mississippi, and Alabama the interest of the United States in the submerged land of the outer Continental Shelf that is located in the extended seaward boundaries of the States; (3) to provide that any mineral leases, easements, rights- of-use, and rights-of-way issued by the Secretary of the Interior with respect to the submerged land to be conveyed shall remain in full force and effect; and (4) in conveying the submerged land, to ensure that the rights of lessees, operators, and holders of easements, rights- of-use, and rights-of-way on the submerged land are protected. SEC. 3. SEAWARD BOUNDARY EXTENSION. (a) In General.--Title II of the Submerged Lands Act (43 U.S.C. 1311 et seq.) is amended-- (1) by redesignating section 11 as section 12; and (2) by inserting after section 10 the following: ``SEC. 11. EXTENSION OF SEAWARD BOUNDARIES OF THE STATES OF LOUISIANA, MISSISSIPPI, AND ALABAMA. ``(a) Definitions.--In this section: ``(1) Existing interest.--The term `existing interest' means any lease, easement, right-of-use, or right-of-way on, or for any natural resource or minerals underlying, the expanded submerged land that is existence on the date of the conveyance of the expanded submerged land to the State under subsection (b)(1). ``(2) Expanded seaward boundary.--The term `expanded seaward boundary' means the seaward boundary of the State that is 3 marine leagues seaward of the coast line of the State as of the day before the date of enactment of this section. ``(3) Expanded submerged land.--The term `expanded submerged land' means the area of the outer Continental Shelf that is located between 3 geographical miles and 3 marine leagues seaward of the coast line of the State as of the day before the date of enactment of this section. ``(4) Interest owner.--The term `interest owner' means any person that owns or holds an existing interest in the expanded submerged land or portion of an existing interest in the expanded submerged land. ``(5) Secretary.--The term `Secretary' means the Secretary of the Interior. ``(6) State.--The term `State' means each of the States of Louisiana, Mississippi, and Alabama. ``(b) Conveyance of Expanded Submerged Land.-- ``(1) In general.--If a State demonstrates to the satisfaction of the Secretary that the conditions described in paragraph (2) will be met, the Secretary shall, subject to valid existing rights and subsection (c), convey to the State the interest of the United States in the expanded submerged land of the State. ``(2) Conditions.--A conveyance under paragraph (1) shall be subject to the condition that-- ``(A) on conveyance of the interest of the United States in the expanded submerged land to the State under paragraph (1)-- ``(i) the Governor of the State (or a delegate of the Governor) shall exercise the powers and duties of the Secretary under the terms of any existing interest, subject to the requirement that the State and the officers of the State may not exercise the powers to impose any burden or requirement on any interest owner that is more onerous or strict than the burdens or requirements imposed under applicable Federal law (including regulations) on owners or holders of the same type of lease, easement, right-of-use, or right-of-way on the outer Continental Shelf seaward of the expanded submerged land; and ``(ii) the State shall not impose any administrative or judicial penalty or sanction on any interest owner that is more severe than the penalty or sanction under Federal law (including regulations) applicable to owners or holders of leases, easements, rights-of-use, or rights-or-way on the outer Continental Shelf seaward of the expanded submerged lands for the same act, omission, or violation; ``(B) not later than 5 years after the date of enactment of this section-- ``(i) the State shall enact laws or promulgate regulations with respect to the environmental protection, safety, and operations of any platform pipeline in existence on the date of conveyance to the State under paragraph (1) that is affixed to or above the expanded submerged land that impose the same requirements as Federal law (including regulations) applicable to a platform pipeline on the outer Continental Shelf seaward of the expanded submerged land; and ``(ii) the State shall enact laws or promulgate regulations for determining the value of oil, gas, or other mineral production from existing interests for royalty purposes that establish the same requirements as the requirements under Federal law (including regulations) applicable to Federal leases for the same minerals on the outer Continental Shelf seaward of the expanded submerged land; and ``(C) the State laws and regulations enacted or promulgated under subparagraph (B) shall provide that if Federal law (including regulations) applicable to leases, easements, rights-of-use, or rights-of-way on the outer Continental Shelf seaward of the expanded submerged land are modified after the date on which the State laws and regulations are enacted or promulgated, the State laws and regulations applicable to existing interests will be modified to reflect the change in Federal laws (including regulations). ``(c) Exceptions.-- ``(1) Mineral lease or unit divided.-- ``(A) In general.--If any existing Federal oil and gas or other mineral lease or unit would be divided by the expanded seaward boundary of a State, the interest of the United States in the leased minerals underlying the portion of the lease or unit that lies within the expanded submerged boundary shall not considered to be conveyed to the State until the date on which the lease or unit expires or is relinquished by the United States. ``(B) Applicability for other purposes.-- Notwithstanding subparagraph (A), the expanded seaward boundary of a State shall be the seaward boundary of the State for all other purposes, including the distribution of revenues under section 8(g)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)(2)). ``(2) Laws and regulations not sufficient.--If the Secretary determines that any law or regulation enacted or promulgated by a State under subparagraph (B) of subsection (b)(2) does not meet the requirements of that subparagraph, the Secretary shall not convey the expanded submerged land to the State. ``(d) Interest Issued or Granted by the State.--This section does not apply to any interest in the expanded submerged land that a State issues or grants after the date of conveyance of the expanded submerged land to the State under subsection (b)(1). ``(e) Liability.-- ``(1) In general.--By accepting conveyance of the expanded submerged land, the State agrees to indemnify the United States for any liability to any interest owner for the taking of any property interest or breach of contract from-- ``(A) the conveyance of the expanded submerged land to the State; or ``(B) the State's administration of any existing interest under subsection (b)(2)(A)(i). ``(2) Deduction from oil and gas leasing revenues.--The Secretary may deduct from the amounts otherwise payable to the State under section 8(g)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)(2)) the amount of any final nonappealable judgment for a taking or breach of contract described in paragraph (1).''. (b) Conforming Amendment.--Section 2(b) of the Submerged Lands Act (43 U.S.C. 1301(b)) is amended by striking ``section 4 hereof'' and inserting ``section 4 or 11''.

Offshore Fairness Act of 2005 - Amends the Submerged Lands Act to require the Secretary of the Interior to convey the interest of the United States in the expanded submerged land of the states of Louisiana, Mississippi, and Alabama, if the state involved demonstrates that specified conditions will be met. Numbers among such conditions the requirement that the state enact, and keep updated, laws or promulgate regulations equivalent to federal law or regulations regarding: (1) the environmental protection, safety, and operations of any operation pipeline in existence on the date of conveyance; and (2) valuation of oil, gas, or other mineral production from existing interests for royalty purposes. Provides that, if any existing federal oil and gas or other mineral lease or unit would be divided by the expanded seaward boundary of a state, the federal interest in the leased minerals underlying the portion of the lease or unit that lies within the expanded submerged boundary shall not be considered to be conveyed to the state until the date on which the lease or unit expires or is relinquished by the United States.

To amend the Submerged Lands Act to make the seaward boundaries of the States of Louisiana, Alabama, and Mississippi equivalent to the seaward boundaries of the State of Texas and the Gulf Coast of Florida.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Schemes and Crimes Against Medicare and Seniors (Stop SCAMS) Act''. SEC. 2. ENSURING THAT NEW MEDICAL CODING SYSTEMS DO NOT COMPROMISE FRAUD PREVENTION EFFORTS. (a) In General.--Section 1173(c) of the Social Security Act (42 U.S.C. 1320d-2(c)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``; or'' and inserting ``or, if no code sets for such data elements have been developed, establish code sets for the data elements;''; and (B) by striking subparagraph (B) and adding the following new subparagraphs: ``(B) ensure that any entity producing and transmitting valid transactions that include code sets are subject to a consistent, industry-wide framework that supports a seamless transition to new and modified code sets; and ``(C) establish, by a rule promulgated after notice and an opportunity for a hearing on the record, an end- to-end testing procedure for new and modified code sets that shall require the participation of any entity producing and transmitting valid transactions that use such new or modified code set.''; and (2) by adding at the end the following paragraphs: ``(3) Adopting new and modified code sets.--The Secretary shall not adopt a new or modified code set unless the Secretary-- ``(A) assesses the impact of the code set on fraud prevention and pre-payment review, determines that anti-fraud edits work as intended, and confirms that a plan is in place to ensure continuing effective detection of fraud following the adoption of the code set; ``(B) ensures that the end-to-end testing procedure established by the Secretary under paragraph (1) has been completed; and ``(C) completes end-to-end testing with any Federal Government entity that produces and transmits valid transactions that include the code set with private sector tracking partners. ``(4) Routine updates to existing code sets.--Paragraph (3) shall not apply to routine, regularly scheduled updates to existing code sets.''. (b) Effective Date.--The amendments made by this section shall be effective as of October 1, 2015. SEC. 3. VERIFICATION OF PROVIDER OWNERSHIP INTERESTS. (a) In General.--Section 1124(c) of the Social Security Act (42 U.S.C. 1320a-3(c)) is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following paragraph: ``(5) Verification of information.-- ``(A) In general.--With respect to information supplied by a disclosing entity under subsections (a) and (b), the Secretary shall-- ``(i) verify such information by comparing it to available data on the provider collected through disclosures made to the Secretary under section 1128G(a)(2), or, in the case of a disclosing entity to which section 1128G(a)(2) does not apply, verify such information through comparison with at least one other public or private database which contains information as to the identity of each person with an ownership or control interest in the entity; and ``(ii) confirm the accuracy of any social security account number or employer identification number supplied under subsection (a) by verifying-- ``(I) each social security account number with the Commissioner of Social Security; and ``(II) each employer identification number with the Secretary of the Treasury. ``(B) Discrepancies.--If the comparison described in subparagraph (A)(i) reveals a discrepancy between information supplied by a disclosing entity under subsections (a) and (b) and available data on the provider collected through disclosures made to the Secretary under section 1128G(a)(2), the Secretary shall independently verify the accuracy of such data collected under section 1128G(a)(2) before taking any action against a provider based on such discrepancy.''. (b) Effective Date.--The amendments made by this section shall be effective as of the date that is 1 year after the date of enactment of this Act. SEC. 4. SUPPORTING PUBLIC AND PRIVATE INFORMATION SHARING TO PREVENT HEALTH CARE FRAUD. (a) Definitions.--In this section: (1) Healthcare fraud prevention partnership; partnership.-- The terms ``Healthcare Fraud Prevention Partnership'' and ``Partnership'' mean the information sharing partnership established between the Department of Health and Human Services, the Department of Justice, and other public and private stakeholders, including private insurers, under the authority of section 1128C(a)(2) of the Social Security Act (42 U.S.C. 1320a-7c(a)(2)) for the purpose of detecting and preventing health care fraud. (2) Private insurer.--The term ``private insurer'' has the meaning given the term ``health insurance issuer'' under section 2791(b)(2) of the Public Health Service Act (42 U.S.C. 300GG-91(b)(2)). (b) Safe Harbor for the Sharing of Information.-- (1) General immunity.-- (A) In general.--A non-governmental entity participating in the Partnership (including a private insurer) that-- (i) provides data or information described in clause (i) or (ii) of subparagraph (B) to the Department of Health and Human Services, the Department of Justice, any other Federal or State law enforcement agency, any contractor of such Department or agency, or another entity participating in the Partnership (including a private insurer); or (ii) uses such data or information as permitted by this subsection, shall be immune from civil liability with respect to the provision or authorized use of such data or information. (B) Data or information.-- (i) Data.--The data described in this clause is aggregated claims data or other information described in clause (ii) that does not include individually identifiable information with respect to any health care provider, supplier, or beneficiary, whether or not analysis of such information results in the identification of a health care provider, supplier, or other person or organization as having committed fraud or having committed acts suspected of being fraudulent. (ii) Information.--The information described in this clause is information concerning fraud or suspected fraudulent acts that identifies a specific health care provider, supplier, or other person or organization if the provider, supplier, or other person or organization so identified-- (I) is the subject of a bona fide fraud investigation conducted by the entity participating in the Partnership, including a private insurer, that is providing the information; (II) is the subject of a fraud- related allegation that has been filed by or received by the entity participating in the Partnership, including a private insurer, that is providing the information; or (III) has been convicted of a fraud-related offense. (2) Limitation.--The immunity described in paragraph (1) shall apply only where-- (A) the data or information involved was provided in good faith and without malice; and (B) the data or information provided is true, based on a reasonable belief, to the knowledge of the person providing the information, or if false, the information is provided without knowledge of, and without reckless disregard for, its falsity. (3) Use of partnership data or information.--For purposes of this subsection, data or information relating to a specific provider or supplier received by a private insurer solely through the Partnership shall be used, with respect to such provider or supplier, only for the purpose of informing decisionmaking by the private insurer related to fraud investigations, including whether to conduct such an investigation. Nothing in the preceding sentence shall prevent a private insurer or other entity participating in the Partnership from taking other actions, not specific to such provider or supplier, based on such data or information. (c) Report.--Not later than October 1 of each calendar year that begins after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Special Committee on Aging, the Committee on Finance, and the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives, a report that describes the activities of the Healthcare Fraud Prevention Partnership. Such report shall include-- (1) a description of how input was obtained from private insurers regarding the appropriate usage of data shared through the Healthcare Fraud Prevention Partnership; and (2) plans for the Partnership to be expanded to encompass a representative sample of national private insurers and to include health care provider organizations. SEC. 5. MEDPAC STUDY AND REPORT. (a) Study.--The Medicare Payment Advisory Commission shall conduct a study on administrative efforts to strengthen program integrity in the Medicare program. Such study may include-- (1) an evaluation of ways to detect fraudulent claims before payment is made; (2) a review of the efficiency and effectiveness of post- payment recovery methods; (3) analysis by the Centers for Medicare & Medicaid Services and public reporting of claims and spending patterns; and (4) a review of the organizational structure and resources of the Centers for Medicare & Medicaid Services as they relate to program integrity. (b) Report.--Not later than June 15, 2016, the Medicare Payment Advisory Commission shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislative and administrative action as the Commission determines appropriate. SEC. 6. ABILITY TO MEASURE FRAUD PREVENTION EFFORTS. Section 4241 of the Small Business Jobs Act of 2010 (42 U.S.C. 1320a-7m) is amended-- (1) in subsection (b)(4), by inserting ``and on civil recoveries, administrative actions, and criminal convictions for fraud'' after ``reimbursement''; and (2) in subsection (c), by adding at the end the following paragraph: ``(7) Implementation of amendments.--The Secretary shall implement amendments made to this subsection by the Stop Schemes and Crimes Against Medicare and Seniors (Stop SCAMS) Act not later than 6 months after the date of enactment of such Act. If the Secretary determines that new technology or data processing systems are required to carry out such amendments, the Secretary shall issue a request for proposals to carry out such amendments not later than 6 months after the enactment of such Act, and the contractors selected under such request for proposal shall implement such amendments not later than 12 months after the date of enactment of such Act.''.

Stop Schemes and Crimes Against Medicare and Seniors (Stop SCAMS) Act - Amends title XI of the Social Security Act with respect to standards for financial and administrative transactions and their data elements to enable the electronic exchange of health information. Requires the Secretary of Health and Human Services (HHS) to adopt standards that: (1) ensure that any entity producing and transmitting valid transactions that include code sets for appropriate data elements is subject to a consistent, industry-wide framework that supports a seamless transition to new and modified code sets; and (2) establish an end-to-end testing procedure for new and modified code sets that shall require the participation of any entity producing and transmitting valid transactions that use the new or modified code set. Prohibits the Secretary from adopting a new or modified code set unless the Secretary: (1) assesses its impact on fraud prevention and pre-payment review, determines that anti-fraud edits work as intended, and confirms that a plan is in place to ensure continuing effective detection of fraud following the adoption of the code set; (2) ensures that the end-to-end testing procedure established has been completed; and (3) completes end-to-end testing with any federal government entity that produces and transmits valid transactions that include the code set with private sector tracking partners. Exempts routine, regularly scheduled updates to existing code sets from such prohibition. Directs the Secretary, with respect to information supplied to it by a disclosing entity about those with an ownership or control interest in the entity, to verify such information in a specified manner and confirm the accuracy of any Social Security account number or employer identification number. Holds immune from civil liability (in a safe harbor) any non-governmental entity participating in a Healthcare Fraud Prevention Partnership, including private insurers, for sharing information about potentially fraudulent providers with each other, HHS, the Department of Justice (DOJ), any other federal or state law enforcement agency, any federal or state agency contractor, and another Partnership participant. Directs the Medicare Payment Advisory Commission (MEDPAC) to study administrative efforts to strengthen program integrity in the Medicare program. Amends the Small Business Jobs Act of 2010, with respect to the use of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse in the Medicare fee-for-service program, to require predictive analytics technologies to capture outcome information on civil recoveries, administrative actions, and criminal convictions for fraud.

Stop Schemes and Crimes Against Medicare and Seniors (Stop SCAMS) Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Court Reauthorization and Improvement Act of 1999''. SEC. 2. GRANT AUTHORITY. (a) In General.--The Attorney General may make grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or private entities, for programs that involve-- (1) continuing judicial supervision over offenders with substance abuse problems who are not violent offenders; and (2) the integrated administration of other sanctions and services, which shall include-- (A) mandatory periodic testing for the use of controlled substances or other addictive substances during any period of supervised release or probation for each participant; (B) substance abuse treatment for each participant; (C) diversion, probation, or other supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress; and (D) programmatic, offender management, and aftercare services such as relapse prevention, health care, education, vocational training, job placement, housing placement, and child care or other family support services for each participant who requires such services. (b) Geographical Distribution.--The Attorney General shall ensure that, to the extent practicable, an equitable geographic distribution of grant awards is made. SEC. 3. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS. The Attorney General shall-- (1) issue regulations and guidelines to ensure that the programs authorized in this Act do not permit participation by violent offenders; and (2) immediately suspend funding for any grant under this Act, pending compliance, if the Attorney General finds that violent offenders are participating in any program funded under this Act. SEC. 4. DEFINITION. In this Act, the term ``violent offender'' means a person who-- (1) is charged with or convicted of an offense, during the course of which offense or conduct-- (A) the person carried, possessed, or used a firearm or dangerous weapon; (B) there occurred the death of or serious bodily injury to any person; or (C) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in subparagraph (A), (B), or (C) is an element of the offense or conduct of which or for which the person is charged or convicted; or (2) has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm. SEC. 5. ADMINISTRATION. (a) Consultation.--The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this Act. (b) Use of Components.--The Attorney General may utilize any component or components of the Department of Justice in carrying out this Act. (c) Regulatory Authority.--The Attorney General may issue regulations and guidelines necessary to carry out this Act. (d) Applications.--In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this Act shall-- (1) include a long-term strategy and detailed implementation plan; (2) explain the applicant's inability to fund the program adequately without Federal assistance; (3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available; (4) identify related governmental or community initiatives which complement or will be coordinated with the proposal; (5) certify that there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies in the implementation of the program; (6) certify that participating offenders will be supervised by 1 or more designated judges with responsibility for the drug court program; (7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support; and (8) describe the methodology that will be used in evaluating the program. SEC. 6. APPLICATIONS. To request funds under this Act, the chief executive or the chief justice of a State or the chief executive or chief judge of a unit of local government or Indian tribal government shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. SEC. 7. FEDERAL SHARE. (a) In General.--The Federal share of a grant made under this Act may not exceed 75 percent of the total costs of the program described in the application submitted under section 6 for the fiscal year for which the program receives assistance under this Act, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. (b) Matching Requirement.--In-kind contributions and Federal funds not received pursuant to a grant made under this Act may constitute a portion of the non-Federal share of a grant. SEC. 8. REPORT. (a) Grantee Report.--A State, Indian tribal government, or unit of local government that receives funds under this Act during a fiscal year shall submit to the Attorney General a report in March of the following year regarding the effectiveness of this Act. (b) Federal Evaluation.--The Attorney General shall annually report to the Committees on the Judiciary of the House of Representatives and the Senate data and analysis with respect to-- (1) the effectiveness of the drug court programs authorized by this Act and the management of those programs; and (2) the drug relapse and recidivism rates of offenders in participating in programs authorized by this Act. SEC. 9. TECHNICAL ASSISTANCE TRAINING AND EVALUATION. (a) Technical Assistance and Training.--The Attorney General may provide technical assistance and training in furtherance of the purposes of this Act. (b) Evaluations.--In addition to any evaluation requirements that may be prescribed for grantees, the Attorney General may carry out or make arrangements for evaluations of programs that receive support under this Act. (c) Administration.--The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, in collaboration with the Secretary of Health and Human Services, or through grants, contracts, or other cooperative arrangements with other entities. SEC. 10. CENTER FOR SUBSTANCE ABUSE TREATMENT. Section 507 of the Public Health Service Act (42 U.S.C. 290bb) is amended by adding at the end the following: ``(d) Drug Treatment Services.--There is authorized to be appropriated, $75,000,000 for each of the fiscal years 2000 through 2003, to enable the Secretary, acting through the Center, to provide drug treatment services in conjunction with drug court programs. Amounts provided under this subsection shall be used to supplement, not supplant, State, local or private funds made available for such services.''. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Attorney General for each of the fiscal years 2000 through 2003, $200,000,000 to carry out sections 2 through 9 of this Act.

Amends the Public Health Service Act to authorize appropriations for FY 2000 through 2003 to enable the Secretary of Health and Human Services to provide drug treatment services in conjunction with drug court programs. Authorizes appropriations to the Attorney General for such fiscal years for such programs.

Drug Court Reauthorization and Improvement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Bankruptcy Fairness Act of 2009''. SEC. 2. DEFINITIONS. (a) In General.--Section 101 of title 11, the United States Code, is amended-- (1) by inserting after paragraph (39A) the following: ``(39B) The term `medical debt' means any debt incurred directly or indirectly as a result of the diagnosis, cure, mitigation, treatment, or prevention of injury, deformity, or disease, or for the purpose of affecting any structure or function of the body. ``(39C) The term `medically distressed debtor' means a debtor who, in any consecutive 12-month period during the 3 years before the date of the filing of the petition-- ``(A) incurred or paid medical debts for the debtor or a dependent of the debtor, or a nondependent member of the immediate family of the debtor (including any parent, grandparent, sibling, child, grandchild, or spouse of the debtor), that were not paid by any third party payor and were in excess of the lesser of-- ``(i) 10 percent of the debtor's adjusted gross income (as such term is defined under section 62 of the Internal Revenue Code of 1986); or ``(ii) $10,000; ``(B) was a member of a household in which 1 or more members (including the debtor) lost all or substantially all of the member's domestic support obligation income, taking into consideration any disability insurance payments, for 4 or more weeks, due to a medical problem of a person obligated to pay such domestic support; or ``(C) experienced a downgrade in employment status that correlates to a reduction in wages or work hours or results in unemployment, to care for an ill, injured, or disabled dependent of the debtor, or an ill, injured, or disabled nondependent member of the immediate family of the debtor (including any parent, grandparent, sibling, child, grandchild, or spouse of the debtor), for not less than 30 days.''. (b) Conforming Amendments.--Sections 104(b)(1) and 104(b)(2) of title 11, the United States Code, are each amended by inserting ``101(39C)(A)(ii),'' after ``101(19)(A)''. SEC. 3. EXEMPTIONS. (a) Exempt Property.--Section 522 of title 11, the United States Code, is amended by adding at the end the following: ``(r) For a debtor who is a medically distressed debtor, if the debtor elects to exempt property-- ``(1) listed in subsection (b)(2), then in lieu of the exemption provided under subsection (d)(1), the debtor may elect to exempt the debtor's aggregate interest, not to exceed $250,000 in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor; or ``(2) listed in subsection (b)(3), then if the exemption provided under applicable law specifically for property of the kind described in paragraph (1) is for less than $250,000 in value, the debtor may elect in lieu of such exemption to exempt the debtor's aggregate interest, not to exceed $250,000 in value, in any such real or personal property, cooperative, or burial plot.''. (b) Conforming Amendments.--Sections 104(b)(1) and 104(b)(2) of title 11, the United States Code, are each amended by inserting ``522(r),'' after ``522(q),''. SEC. 4. DISMISSAL OF A CASE OR CONVERSION TO A CASE UNDER CHAPTER 11 OR 13. Section 707(b) of title 11, the United States Code, is amended by adding at the end the following: ``(8) No judge, United States trustee (or bankruptcy administrator, if any), trustee, or other party in interest may file a motion under paragraph (2) if the debtor is a medically distressed debtor.''. SEC. 5. CREDIT COUNSELING. Section 109(h)(4) of title 11 United States Code, is amended by inserting ``a medically distressed debtor or'' after ``with respect to''. SEC. 6. NONDISCHARGEABILITY OF CERTAIN ATTORNEYS FEES. Section 523(a) of title 11, United States Code, is amended-- (1) in paragraph (18), by striking ``or'' at the end; (2) in paragraph (19), by striking the period at the end and inserting ``; or''; and (3) by inserting after paragraph (19) the following: ``(20) incurred by a debtor relating to attorneys fees generated as result of the debtor's filing of a petition under chapter 7.''. SEC. 7. 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 apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act. SEC. 8. ATTESTATION BY DEBTOR. Any debtor who seeks relief as a medically distressed debtor in accordance with the amendments made by this Act shall attest in writing and under penalty of perjury that the medical expenses of the debtor were genuine, and were not specifically incurred to bring the debtor within the coverage of the medical bankruptcy provisions, as provided in this Act and the amendments made by this Act.

Medical Bankruptcy Fairness Act of 2009 - Amends federal bankruptcy law to cite circumstances under which a medically distressed debtor may elect to exempt from the property of the estate in bankruptcy up to $250,000 of the debtor's aggregate interest in specified real or personal property that the debtor (or debtor's dependent) uses as a residence, in a cooperative, or in a burial plot for the debtor or a dependent. Revises requirements for dismissal or conversion of a Chapter 7 case to prohibit the court or specified parties in interest from filing a motion to dismiss or convert to Chapter 11 or 13 if the debtor is a medically distressed debtor. Waives the credit counseling prerequisite for filing for relief from debt in the case of a medically distressed debtor. Denies a discharge in bankruptcy from any debt incurred that relates to attorneys' fees generated as a result of the debtor's filing of a Chapter 7 petition. Requires a debtor who seeks relief as a medically distressed debtor to attest in writing, and under penalty of perjury, that the medical expenses of the debtor are genuine, and not specifically incurred to bring the debtor within the coverage of the medical bankruptcy provisions of this Act.

A bill to amend title 11 of the United States Code, to provide protection for medical debt homeowners, to restore bankruptcy protections for individuals experiencing economic distress as caregivers to ill, injured, or disabled family members, and to exempt from means testing debtors whose financial problems were caused by serious medical problems, and for other purposes.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Long-Term Investment Incentive Act of 1997''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. REDUCTION OF TAX ON LONG-TERM CAPITAL GAINS ON ASSETS HELD MORE THAN 2 YEARS. (a) In General.--Part I of subchapter P of chapter 1 (relating to treatment of capital gains) is amended by redesignating section 1202 as section 1203 and by inserting after section 1201 the following new section: ``SEC. 1202. CAPITAL GAINS DEDUCTION FOR ASSETS HELD BY NONCORPORATE TAXPAYERS MORE THAN 2 YEARS. ``(a) General Rule.--If a taxpayer other than a corporation has a net capital gain for any taxable year, there shall be allowed as a deduction an amount equal to the sum of the applicable percentages of the classes of net capital gain described in the table under subsection (b). ``(b) Applicable Percentage.--For purposes of this subsection, the applicable percentage shall be the percentage determined in accordance with the following table: The applicable ``In the case of: percentage is: 2-year gain........................ 7.145 3-year gain........................ 14.29 4-year gain........................ 21.45 5-year gain........................ 28.57 6-year gain........................ 35.71 7-year gain........................ 42.86 8-year gain........................ 50.00. ``(c) Gain to Which Deduction Applies.--For purposes of this section-- ``(1) 2-year gain.--The term `2-year gain' means the lesser of-- ``(A) the net capital gain for the taxable year, or ``(B) the amount of long-term capital gain which would be computed for the taxable year if only gain from the sale or exchange of property held by the taxpayer for more than 2 years but not more than 3 years were taken into account. ``(2) 3-year gain, etc.--The terms `3-, 4-, 5-, 6-, or 7-year gain' mean the amounts determined under paragraph (1)-- ``(A) by reducing the amount of the net capital gain under subparagraph (A) thereof by an amount equal to the long-term capital gain from the sale or exchange of property with a holding period less than the minimum holding period for any such category, and ``(B) by substituting 3, 4, 5, 6, or 7 years for 2 years and 4, 5, 6, 7, or 8 years for 3 years, respectively, in subparagraph (B) thereof. ``(3) 8-year gain.--The term `8-year gain' means the lesser of-- ``(A) the net capital gain for the taxable year, reduced by in the same manner as under paragraph (2)(A), or ``(B) the amount of the long-term capital gain which would be computed for the taxable year if only gain from the sale or exchange of property held by the taxpayer for more than 8 years were taken into account. ``(d) Estates and Trusts.--In the case of an estate or trust, the deduction under subsection (a) shall be computed by excluding the portion (if any) of the gains for the taxable year from sales or exchanges of capital assets which, under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts), is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets. ``(e) Coordination With Treatment of Capital Gain Under Limitation on Investment Interest.--For purposes of this section, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer takes into account as investment income under section 163(d)(4)(B)(iii). ``(f) Treatment of Collectibles.-- ``(1) In general.--Solely for purposes of this section, any gain or loss from the sale or exchange of a collectible shall be treated as a short-term capital gain or loss (as the case may be), without regard to the period such asset was held. The preceding sentence shall apply only to the extent the gain or loss is taken into account in computing taxable income. ``(2) Treatment of certain sales of interest in partnership, etc.--For purposes of paragraph (1), any gain from the sale or exchange of an interest in a partnership, S corporation, or trust which is attributable to unrealized appreciation in the value of collectibles held by such entity shall be treated as gain from the sale or exchange of a collectible. Rules similar to the rules of section 751(f) shall apply for purposes of the preceding sentence. ``(3) Collectible.--For purposes of this subsection, the term `collectible' means any capital asset which is a collectible (as defined in section 408(m) without regard to paragraph (3) thereof). ``(g) Transitional Rule.-- ``(1) In general.--Gain may be taken into account under subsection (c) only if such gain is properly taken into account on or after May 7, 1997. ``(2) Special rules for pass-thru entities.-- ``(A) In general.--In applying paragraph (1) with respect to any pass-thru entity, the determination of when gains and losses are properly taken into account shall be made at the entity level. ``(B) Pass-thru entity defined.--For purposes of subparagraph (A), the term `pass-thru entity' means-- ``(i) a regulated investment company, ``(ii) a real estate investment trust, ``(iii) an S corporation, ``(iv) a partnership, ``(v) an estate or trust, and ``(vi) a common trust fund.'' (b) Deduction Allowable in Computing Adjusted Gross Income.-- Subsection (a) of section 62 is amended by inserting after paragraph (16) the following new paragraph: ``(17) Long-term capital gains.--The deduction allowed by section 1202.'' (c) Maximum Capital Gains Rate.--Section 1(h) is amended by adding at the end the following new sentence: ``For purposes of this subsection, taxable income shall be computed without regard to the deduction allowed under section 1202.'' (d) Treatment of Certain Pass-Thru Entities.-- (1) Capital gain dividends of regulated investment companies.-- (A) Subparagraph (B) of section 852(b)(3) is amended to read as follows: ``(B) Treatment of capital gain dividends by shareholders.--A capital gain dividend shall be treated by the shareholders as gain from the sale or exchange of a capital asset held for more than 1 year but not more than 2 years; except that the portion of any such dividend designated by the company as allocable 2-, 3-, 4-, 5-, 6-, 7-, or 8-year gain of the company shall be treated as gain from the sale or exchange of a capital asset held for the amount of years in such class for purposes of section 1202. Rules similar to the rules of subparagraph (C) shall apply to any designation under the preceding sentence.'' (B) Clause (i) of section 852(b)(3)(D) is amended by adding at the end the following new sentence: ``Rules similar to the rules of subparagraph (B) shall apply in determining character of the amount to be so included by any such shareholder.'' (2) Capital gain dividends of real estate investment trusts.--Subparagraph (B) of section 857(b)(3) is amended to read as follows: ``(B) Treatment of capital gain dividends by shareholders.--A capital gain dividend shall be treated by the shareholders or holders of beneficial interests as gain from the sale or exchange of a capital asset held for more than 1 year but not more than 2 years; except that the portion of any such dividend designated by the company as allocable to 2-, 3-, 4-, 5-, 6-, 7-, or 8-year gain of the company shall be treated as gain from the sale or exchange of a capital asset held for the amount of years in such class for purposes of section 1202. Rules similar to the rules of subparagraph (C) shall apply to any designation under the preceding sentence.'' (3) Common trust funds.--Subsection (c) of section 584 is amended-- (A) by inserting ``and not more than 2 years'' after ``1 year'' each place it appears in paragraph (2), (B) by striking ``and'' at the end of paragraph (2), and (C) by redesignating paragraph (3) as paragraph (4) and inserting after paragraph (2) the following new paragraph: ``(3) as part of its gains from sales or exchanges of capital assets held for periods described in the classes of gains under section 1202(c), its proportionate share of the gains of the common trust fund from sales or exchanges of capital assets held for such periods, and''. (e) Technical and Conforming Changes.-- (1) Subparagraph (B) of section 170(e)(1) is amended by inserting ``(or, in the case of a taxpayer other than a corporation, the percentage of such gain equal to 100 percent minus the percentage applicable to such gain under section 1202(a))'' after ``the amount of gain''. (2) Subparagraph (B) of section 172(d)(2) is amended to read as follows: ``(B) the deduction under section 1202 and the exclusion under section 1203 shall not be allowed.'' (3)(A) Section 221 (relating to cross reference) is amended to read as follows: ``SEC. 221. CROSS REFERENCES. ``(1) For deduction for net capital gains in the case of a taxpayer other than a corporation, see section 1202. ``(2) For deductions in respect of a decedent, see section 691.'' (B) The table of sections for part VII of subchapter B of chapter 1 is amended by striking ``reference'' in the item relating to section 221 and inserting ``references''. (4) The last sentence of section 453A(c)(3) is amended by striking all that follows ``long-term capital gain,'' and inserting ``the maximum rate on net capital gain under section 1(h) or 1201 or the deduction under section 1202 (whichever is appropriate) shall be taken into account.'' (5) Paragraph (4) of section 642(c) is amended to read as follows: ``(4) Adjustments.--To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 1 year, proper adjustment shall be made for any deduction allowable to the estate or trust under section 1202 or any exclusion allowable to the estate or trust under section 1203(a). In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).'' (6) The last sentence of paragraph (3) of section 643(a) is amended to read as follows: ``The deduction under section 1202 and the exclusion under section 1203 shall not be taken into account.'' (7) Subparagraph (C) of section 643(a)(6) is amended by inserting ``(i)'' before ``there shall'' and by inserting before the period ``, and (ii) the deduction under section 1202 (relating to capital gains deduction) shall not be taken into account''. (8) Paragraph (4) of section 691(c) is amended by striking ``sections 1(h), 1201, and 1211'' and inserting ``sections 1(h), 1201, 1202, and 1211''. (9) The second sentence of section 871(a)(2) is amended by inserting ``or 1203'' after ``1202''. (10) Subsection (d) of section 1044 is amended by striking ``1202'' and inserting ``1203''. (11) Paragraph (1) of section 1402(i) is amended by inserting ``, and the deduction provided by section 1202 shall not apply'' before the period at the end thereof. (f) Clerical Amendment.--The table of sections for part I of subchapter P of chapter 1 is amended by inserting after the item relating to section 1201 the following new item: ``Sec. 1202. Capital gains deduction for assets held by noncorporate taxpayers more than 2 years.'' (g) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years ending on and after May 7, 1997. (2) Contributions.--The amendment made by subsection (e)(1) shall apply to contributions on or after May 7, 1997.

Long-Term Investment Incentive Act of 1997 - Amends the Internal Revenue Code to establish a sliding scale capital gains deduction on assets held between two years and eight years by noncorporate taxpayers.

Long-Term Investment Incentive Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``First Things First Act''. SEC. 2. PURPOSE. The purpose of this Act is to delay the implementation of certain amendments to the Internal Revenue Code of 1986 until a legislative task force has certified the achievement of each of the following critical national priorities: (1) The provision of aid and relief to persons physically or economically injured as a result of the terrorist acts against the United States that occurred on September 11, 2001. (2) The security of the Social Security and Medicare trust funds. (3) The provision of a comprehensive prescription drug benefit to Medicare beneficiaries. (4) The provision of Federal funding for a major school modernization effort and the hiring of 100,000 teachers. (5) A significant reduction since 2001 in the number of United States citizens who face worst case housing needs. SEC. 3. MODIFICATION OF THE HIGHEST MARGINAL INCOME TAX RATES. (a) In General.--Paragraph (2) of section 1(i) of the Internal Revenue Code of 1986 (relating to reductions in rates after June 30, 2001) is amended by striking the table and inserting the following: ------------------------------------------------------------------------ The corresponding percentages shall be ``In the case of substituted for the following taxable years percentages: beginning during --------------------------------------- calendar year: 28% 31% 36% 39.6% ------------------------------------------------------------------------ 2001................ 27.5% 30.5% 35.5% 39.1% 2002 and 2003....... 27.0% 30.5% 35.5% 39.6% 2004 and 2005....... 26.0% 30.5% 35.5% 39.6% 2006 and thereafter. 25.0% 30.5% 35.5% 39.6%''. ------------------------------------------------------------------------ (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2000. SEC. 4. REPEAL OF PHASEOUT OF OVERALL LIMITATION ON ITEMIZED DEDUCTIONS AND OF TERMINATION OF PHASEOUT OF PERSONAL EXEMPTIONS. Sections 102 and 103 of the Economic Growth and Tax Relief Reconciliation Act of 2001 (and the amendments made by such sections) are hereby repealed, and the Internal Revenue Code of 1986 shall be applied and administered as if such sections (and amendments) had never been enacted. SEC. 5. REPEAL OF THE TERMINATION OF THE ESTATE AND GENERATION-SKIPPING TRANSFER TAXES AND STEP-UP IN BASIS AT DEATH, AND RELATED REPEALS. Subtitles A, B, C, D, and E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001 (and the amendments made by such subtitles) are hereby repealed, and the Internal Revenue Code of 1986 shall be applied and administered as if such subtitles (and amendments) had never been enacted. SEC. 6. INCREASE IN THE ESTATE TAX DEDUCTION FOR FAMILY-OWNED BUSINESS INTEREST. (a) In General.--Paragraph (2) of section 2057(a) of the Internal Revenue Code of 1986 (relating to maximum deduction) is amended by striking ``$675,000'' and inserting ``$4,000,000''. (b) Conforming Amendments.--Subparagraph (B) of section 2057(a)(3) of the Internal Revenue Code of 1986 (relating to coordination with unified credit) is amended by striking ``$675,000'' each place it appears in the text and heading and inserting ``$4,000,000''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act. SEC. 7. NATIONAL PRIORITIES ASSESSMENT TASK FORCE. (a) Establishment.--There is established in the legislative branch a task force to be known as the ``National Priorities Assessment Task Force'' (in this section referred to as the ``Task Force''). (b) Duties.--The Task Force shall determine when and whether Congress has achieved each of the following: (1) The provision of aid and relief to persons physically or economically injured as a result of the terrorist acts against the United States that occurred on September 11, 2001. (2) The security of the Social Security and Medicare trust funds. (3) The provision of a comprehensive prescription drug benefit to Medicare beneficiaries. (4) The provision of Federal funding for a major school modernization effort and the hiring of 100,000 teachers. (5) A significant reduction since 2001 in the number of United States citizens who face worst case housing needs. (c) Membership.--The Task Force shall be composed of 16 members as follows: (1) The chairperson and the ranking minority member of the Committee on the Budget of the House of Representatives. (2) The chairperson and the ranking minority member of the Committee on Energy and Commerce of the House of Representatives. (3) The chairperson and the ranking minority member of the Committee on Education and the Workforce of the House of Representatives. (4) The chairperson and the ranking minority member of the Committee on Ways and Means of the House of Representatives. (5) The chairperson and the ranking minority member of the Committee on the Budget of the Senate. (6) The chairperson and the ranking minority member of the Committee on Banking, Housing, and Urban Affairs of the Senate. (7) The chairperson and the ranking minority member of the Committee on Health, Education, Labor and Pensions of the Senate. (8) The chairperson and the ranking minority member of the Committee on Finance of the Senate. (d) Final Report.-- (1) In general.--The Task Force shall transmit a final report to Congress not later than 30 days after the date on which the Task Force makes the determinations described in subsection (b). The final report shall contain a detailed statement of the findings and conclusions on which the determinations of the Task Force under subsection (b) are based. (2) Required determinations.--The Task Force shall not transmit a final report under paragraph (1) until the Task Force has made the determinations described in subsection (b). (e) Interim Reports.--The Task Force may submit to Congress interim reports as the Task Force considers appropriate. (f) Administration.-- (1) Pay.--Members of the Task Force shall serve without pay. (2) Quorum.--9 members of the Task Force shall constitute a quorum. (3) Chairperson; vice chairperson.--The Chairperson and Vice Chairperson of the Task Force shall be elected by the members. (4) Meetings.--The Task Force shall meet at the call of the Chairperson or a majority of its members. (g) Powers of the Task Force.-- (1) Hearings.--The Task Force may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Task Force considers appropriate. (2) Obtaining official data.--The Task Force may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chairperson of the Task Force, the head of that department or agency shall furnish that information to the Task Force. (h) Funding.-- (1) In general.--No funds may be provided to the Task Force. (2) Availability of committee funds.--Notwithstanding paragraph (1), any committee described in subsection (c) may make funds available for the activities of a member of the Task Force to carry out this section if such member of the Task Force is also a member of such committee. (i) Termination.--The Task Force shall terminate 30 days after transmitting its final report under subsection (d).

First Things First Act-Amends the Internal Revenue Code to raise certain highest marginal income tax rates. Amends the Economic Growth and Tax Relief Reconciliation Act of 2001 to: (1) repeal the phaseout of the overall limitation on itemized deductions and restore the phaseout of personal exemptions; and (2) repeal the termination of the estate and generation-skipping transfer taxes, step-up basis at death, and related items.Amends the Internal Revenue Code to increase the estate tax deduction for family-owned business interests.Establishes the National Priorities Assessment Task Force in the legislative branch. Requires such Task Force to evaluate congressional success in the following areas: (1) the provision of aid and relief to persons injured as a result of the September 11, 2001, terrorist attacks; (2) the security of the Social Security and Medicare trust funds; (3) the provision of a comprehensive prescription drug benefit to Medicare beneficiaries; (4) the provision of Federal funding for school modernization and teacher hiring; and (5) a significant reduction in worst case housing needs.

To amend the Internal Revenue Code of 1986 to modify the highest marginal income tax rates and to increase the estate tax deduction for family-owned business interests, to repeal certain sections of the Economic Growth and Tax Relief Reconciliation Act of 2001 related to personal exemptions, itemized deductions, and the estate tax, to establish a legislative task force to determine when and whether certain critical national priorities have been accomplished, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Common Access Card Act of 2011''. SEC. 2. SECURE MEDICARE CARD PILOT PROGRAM. (a) Pilot Program Implementation (Phase I).-- (1) In general.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall conduct a pilot program under title XVIII of the Social Security Act for the purpose of utilizing smart card technology for Medicare beneficiary and provider identification cards in order to-- (A) increase the quality of care furnished to Medicare beneficiaries; (B) improve the accuracy and efficiency in the billing for Medicare items and services furnished by Medicare providers; (C) reduce the potential for identity theft and other unlawful use of Medicare beneficiary and provider identifying information; and (D) reduce waste, fraud, and abuse in the Medicare program. (2) Site requirements.--The Secretary shall conduct the pilot program in at least 5 geographic areas in which the Secretary determines there is a high risk for waste, fraud, or abuse. (3) Design of pilot program.--In designing the pilot program, the Secretary shall provide for the following: (A) Implementation of a system that utilizes a smart card as a Medicare identification card for Medicare beneficiaries and Medicare providers. Such a card shall contain appropriate security features and protect personal privacy. (B) Issuance of a new smart card to all Medicare beneficiaries participating in the pilot program. Such card shall not have the Social Security number printed on the front but, instead shall have such number stored securely on the smart card chip along with other information the Secretary deems necessary. (C) Issuance of a new provider card to all Medicare providers participating in the pilot program. Such card shall include a photograph of the provider and shall not have the Medicare provider number printed on the front of the card but, instead shall have such number stored securely on the smart card chip along with other information the Secretary deems necessary. (D) A process for enrollment of all Medicare providers that includes-- (i) identity and certification verification; and (ii) utilization of biometric data, such as fingerprints, for provider identification and authentication. (E) A process under which the cards issued under subparagraphs (B) and (C) are used by both Medicare beneficiaries and Medicare providers to verify eligibility, prevent fraud, and authorize transactions. (F) Distribution of necessary equipment, including cards, card readers, kiosks, biometric readers, and other materials or documents to Medicare beneficiaries and providers at no cost to them. (G) Regular monitoring and review by the Secretary of Medicare providers' Medicare billings and Medicare beneficiaries' Medicare records in order to identify and address inaccurate charges and instances of waste, fraud, or abuse. (H) Reporting mechanisms for measuring the cost savings to the Medicare program by reason of the pilot program. (I) Include provisions-- (i) to ensure that all devices and systems utilized as part of the pilot program comply with standards for identity credentials and biometric data developed by the American National Standards Institute and the National Institute of Standards and Technology and Federal requirements relating to interoperability and information security, including all requirements under the Health Insurance Portability and Accountability Act of 1996; (ii) to ensure that a Medicare beneficiary's and provider's personal identifying, health, and other information is protected from unauthorized access or disclosure through the use of at least two- factor authentication; (iii) for the development of procedures and guidelines for the use of identification cards, card readers, kiosks, biometric data and readers, and other equipment to verify a Medicare beneficiary's identity and eligibility for services; (iv) to ensure that each Medicare beneficiary and provider participating in the pilot program is informed of-- (I) the purpose of the program; (II) the processes for capturing, enrolling, and verifying their eligibility and, with respect to providers, their biometric data; (III) the manner in which the biometric data for providers will be used; and (IV) the steps that will be taken to protect personal identifying, health, and other information from unauthorized access and disclosure; (v) for addressing problems related to the loss, theft, or malfunction of or damage to equipment and any identifying documents or materials provided by the Secretary; (vi) for development of a hotline, Web site, or other means by which Medicare beneficiaries and providers can contact the Secretary for assistance; and (vii) for addressing problems related to accessing care outside the pilot area and cases where the individual faces issues related to physical or other capacity limitations. (4) Privacy.--Information on the smart card shall only be disclosed if the disclosure of such information is permitted under the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. (5) Disclosure exemption.--Information on the smart card shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. (b) Expanded Implementation (Phase II).--Taking into account the interim report under subsection (d)(2) the Secretary shall, through rulemaking, expand the duration and the scope of the pilot program, to the extent determined appropriate by the Secretary. (c) Waiver Authority.--The Secretary may waive such provisions of titles XI and XVIII of the Social Security Act as the Secretary determines to be appropriate for the conduct of the pilot program. (d) Reports to Congress.-- (1) Plan.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report that contains a description of the design and development of the pilot program, including the Secretary's plan for implementation. (2) Interim report.--Not later than 1 year after the pilot program is first implemented, the Secretary shall conduct an evaluation of the pilot program and submit an interim report to Congress. Such an evaluation shall include an initial analysis of the deployment of the program, the usability of the card system, and the measures taken to protect beneficiary and provider information. (3) Additional report.--Not later than 2 years after the date that the pilot program is first implemented, the Secretary shall submit to Congress a report on the pilot program. Such report shall contain a detailed description of issues related to the expansion of the program under subsection (b) and recommendations for such legislation and administrative actions as the Secretary considers appropriate for implementation of the program on a nationwide basis. (e) Funding.--There are appropriated, from amounts in the Treasury not otherwise appropriated, $29,000,000 for the design, implementation, and evaluation of the pilot program. Amounts appropriated under the preceding sentence shall remain available until expended. (f) Definitions.--In this section: (1) Medicare beneficiary.--The term ``Medicare beneficiary'' means an individual entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act or enrolled for benefits under part B of such title. (2) Medicare program.--The term ``Medicare program'' means the health benefits program under title XVIII of the Social Security Act. (3) Medicare provider.--The term ``Medicare provider'' means a provider of services (as defined in subsection (u) of section 1861 of the Social Security Act (42 U.S.C. 1395x)) and a supplier (as defined in subsection (d) of such section), including a supplier of durable medical equipment and supplies. (4) Pilot program.--The term ``pilot program'' means the pilot program conducted under this section. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) Smart card.--The term ``smart card'' means a secure, electronic, machine readable, fraud-resistant, tamper-resistant card that includes an embedded integrated circuit chip with a secure micro-controller. (g) Revision of Medicare Improvement Fund.--Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended-- (1) by striking subparagraphs (A) and (B) and inserting the following subparagraph: ``(A) fiscal year 2015, $246,000,000; and''; and (2) by redesignating subparagraph (C) as subparagraph (B).

Medicare Common Access Card Act of 2011 - Establishes a pilot program under title XVIII (Medicare) of the Social Security Act in order to utilize smart card technology for Medicare beneficiary and provider identification cards.

A bill to establish a smart card pilot program under the Medicare program.

SECTION 1. AMENDMENTS TO OKLAHOMA CITY NATIONAL MEMORIAL ACT OF 1997. (a) Short Title.--This section may be cited as the ``Oklahoma City National Memorial Act Amendments of 2003''. (b) Foundation Defined; Conforming Amendment.--Section 3 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-1) is amended-- (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; (2) by inserting immediately preceding paragraph (2) (as so redesignated by paragraph (1) of this subsection) the following new paragraph: ``(1) Foundation.--The term `Foundation' means the Oklahoma City National Memorial Foundation, a not-for-profit corporation that is-- ``(A) described in section 501(c)(3) of the Internal Revenue Code of 1986; ``(B) exempt from taxation under section 501(a) of such Code; and ``(C) dedicated to the support of the Memorial.''; and (3) in paragraph (3), by striking ``designated under section 5(a)''. (c) Administration of Memorial by Foundation.--Section 4 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-2) is amended-- (1) in subsection (a)-- (A) by striking ``a unit'' and inserting ``an affiliate''; and (B) by striking the second sentence; (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following new subsection: ``(b) Administration of Memorial.--The Foundation shall administer the Memorial in accordance with this Act and the general objectives of the `Memorial Mission Statement', adopted March 26, 1996, by the Foundation.''; and (4) in subsection (c) (as so redesignated by paragraph (2) of this subsection) by striking ``1997 (hereafter'' and all that follows through the final period and inserting ``1997. The map shall be on file and available for public inspection in the appropriate office of the Foundation.''. (d) Transfer of Memorial Property, Rights, Authorities, and Duties.--Section 5 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-3) is amended to read as follows: ``SEC. 5. TRANSFER OF MEMORIAL PROPERTY, RIGHTS, AUTHORITIES, AND DUTIES. ``(a) Transfer of Memorial Property.-- ``(1) In general.--Not later than 90 days after the date of the enactment of the Oklahoma City National Memorial Act Amendments of 2003, the Trust shall transfer to the Foundation-- ``(A) all assets of the Trust, including all real and personal property of the Memorial, any appurtenances, buildings, facilities, monuments, contents, artifacts, contracts and contract rights, accounts, deposits, intangibles, trademarks, trade names, copyrights, all other intellectual property, and all other real and personal property of every kind and character comprising the Memorial; ``(B) any property owned by the Trust that is adjacent or related to the Memorial; and ``(C) all property maintained for the Memorial, together with all rights, authorities, and duties relating to the ownership, administration, operation, and management of the Memorial. ``(2) Subsequent gifts.--Any artifact, memorial, or other personal property that is received by, or is intended by any person to be given to, the Trust after the date of transfer of property under paragraph (1) shall be the property of the Foundation. ``(b) Assumption of Trust Obligations.--Any obligations of the Trust relating to the Memorial that have been approved by the Trust before the date on which the property is transferred under subsection (a) shall become the responsibility of the Foundation on the date of the transfer. ``(c) Dissolution of Trust.--Not later than 30 days after the transfer under subsection (a) is completed-- ``(1) the Trust shall be dissolved; and ``(2) the Trust shall notify the Secretary of the date of dissolution. ``(d) Authority to Enter Into Agreements.--The Secretary, acting through the National Park Service, is authorized to enter into 1 or more cooperative agreements with the Foundation for the National Park Service to provide interpretive services related to the Memorial and such other assistance as may be agreed upon between the Secretary and the Foundation. The costs of the services and other agreed assistance shall be paid by the Secretary. ``(e) Limitation.--Nothing in this Act shall prohibit the use of State and local law enforcement for the purposes of security related to the Memorial.''. (e) Repeal of Duties and Authorities of Trust.-- (1) In general.--Section 6 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-4) is repealed. (2) Effective date.--The repeal under this subsection shall take effect upon the transfer of the Memorial property, rights, authorities, and duties pursuant to the amendments made by subsection (d). (f) Authorization of Appropriations.--Section 7 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-5) is amended-- (1) in paragraph (1), by inserting ``for an endowment fund subject to paragraph (2)'' after ``the sum of $5,000,000''; and (2) in paragraph (2)-- (A) by striking ``Trust or to the Oklahoma City Memorial''; and (B) by striking ``or operation'' and inserting ``operation, or endowment''. (g) Authorization of Secretary to Reimburse Previous Costs Paid by Foundation or Trust.-- (1) Authorization for reimbursement.--To the extent that funds are made available for this subsection, the Secretary of the Interior shall reimburse the Oklahoma City National Memorial Foundation for funds obligated or expended by the Oklahoma City National Memorial Foundation or the Oklahoma City National Memorial Trust to the Secretary of the Interior for interpretive services, security, and other costs and services related to the Oklahoma City National Memorial before the date of the enactment of this Act. The Oklahoma City National Memorial Foundation may use such reimbursed funds for the operation, maintenance, and permanent endowment of the Oklahoma City National Memorial. (2) Authorization for appropriation.--There is authorized to be appropriated to the Secretary of the Interior $1,500,000 to carry out this subsection. (h) Repeal of Disposition of Site of Alfred P. Murrah Federal Building.--Section 8 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-6) is repealed. (i) Repeal of Study Requirement.--Section 9 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-7) is repealed.

Oklahoma City National Memorial Act Amendments of 2003 - Amends the Oklahoma City National Memorial Act of 1997 to give responsibility for administration of the Memorial to the Oklahoma City National Memorial Foundation (currently administered by the Oklahoma City National Memorial Trust). Requires the Trust to transfer specified Memorial property, rights, authorities, and duties to the Foundation. Dissolves the Trust. Authorizes the Secretary of the Interior, acting through the National Park Service (NPS), to enter into cooperative agreements with the Foundation for the NPS to provide interpretive services related to the Memorial at NPS expense. Requires the Secretary to reimburse the Foundation for funds obligated or expended for interpretive services, security, and other costs and services related to the Memorial prior to enactment of this Act to the extent that funds are made available.

To amend the Oklahoma City National Memorial Act of 1997 to transfer the Oklahoma City National Memorial to the Oklahoma City National Memorial Foundation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Overseas Broadcasting Consolidation and Deficit Reduction Act of 1993''. TITLE I--REDUCTION IN GOVERNMENT-FUNDED RADIO AND TELEVISION BROADCASTING OVERSEAS SEC. 101. PROHIBITION ON USE OF FUNDS FOR ISRAEL RADIO TRANSMITTER FACILITY. None of the funds appropriated or otherwise made available under any provision of law may be used for the design, construction, or operation of a radio transmitter facility in Israel. SEC. 102. TERMINATION OF USIA TELEVISION MARTI PROGRAM. (a) Repeal.--Part D of title II of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246), relating to television broadcasting to Cuba, is repealed. (b) Conforming Amendments.--Section 5 of the Radio Broadcasting to Cuba Act (22 U.S.C. 1465c) is amended-- (1) in subsection (a), by striking ``Advisory Board for Cuba Broadcasting'' and inserting ``Advisory Board for Radio Broadcasting to Cuba''; (2) in subsection (b), by striking ``the Television Broadcasting to Cuba Act''; and (3) by amending subsection (d) to read as follows: ``(d) The head of the Cuba Service shall serve, ex officio, as a member of the Board.''. (c) References.--A reference in any provision of law to the ``Advisory Board for Cuba Broadcasting'' shall be considered to be a reference to the ``Advisory Board for Radio Broadcasting to Cuba''. SEC. 103. TERMINATION OF AUTHORITY OF USIA SATELLITE AND TELEVISION. (a) Repeal.--Section 505 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1464a) is repealed. (b) Conforming Amendment.--Section 506 of such Act is redesignated as section 505 of such Act. TITLE II--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS SEC. 201. DEFINITIONS. For purposes of this title, unless otherwise provided or indicated by the context-- (1) the term ``Federal agency'' has the meaning given to the term ``agency'' by section 551(1) of title 5, United States Code; (2) the term ``function'' means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; (3) the term ``transferee agency'' means the United States Information Agency (acting through the Bureau for Broadcasting); and (4) the term ``transferor agency'' means the Board for International Broadcasting. SEC. 202. TRANSFER OF FUNCTIONS. There are transferred to the transferee agency all functions which the head of the transferor agency exercised before the effective date of this title (including all related functions of any officer or employee of the transferor agency). SEC. 203. DETERMINATIONS OF CERTAIN FUNCTIONS BY THE OFFICE OF MANAGEMENT AND BUDGET. If necessary, the Office of Management and Budget shall make any determination of the functions that are transferred under section 202. SEC. 204. PERSONNEL PROVISIONS. (a) Appointments.--The head of the transferee agency may appoint and fix the compensation of such officers and employees as may be necessary to carry out the respective functions transferred under this title. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5, United States Code. (b) Experts and Consultants.--The head of the transferee agency may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate such experts and consultants for each day (including traveltime) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of such title. The head of the transferee agency may pay experts and consultants who are serving away from their homes or regular place of business travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of such title for persons in Government service employed intermittently. SEC. 205. DELEGATION AND ASSIGNMENT. Except where otherwise expressly prohibited by law or otherwise provided by this title, the head of the transferee agency may delegate any of the functions transferred to the head of the transferee agency by this title and any function transferred or granted to such head of the transferee agency after the effective date of this title to such officers and employees of the transferee agency as the head of the transferee agency may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions by the head of the transferee agency under this section or under any other provision of this title shall relieve such head of the transferee agency of responsibility for the administration of such functions. SEC. 206. REORGANIZATION. The head of the transferee agency is authorized to allocate or reallocate any function transferred under section 202 among the officers of the transferee agency, and to establish, consolidate, alter, or discontinue such organizational entities in the transferee agency as may be necessary or appropriate. SEC. 207. RULES. The head of the transferee agency is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the head of the transferee agency determines necessary or appropriate to administer and manage the functions of the transferee agency. SEC. 208. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL. Except as otherwise provided in this title, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by this title, subject to section 1531 of title 31, United States Code, shall be transferred to the transferee agency. Unexpended funds transferred pursuant to this section shall be used only for the purposes for which the funds were originally authorized and appropriated. SEC. 209. INCIDENTAL TRANSFERS. The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized to make such determinations as may be necessary with regard to the functions transferred by this title, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this title. The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this title and for such further measures and dispositions as may be necessary to effectuate the purposes of this title. SEC. 210. EFFECT ON PERSONNEL. (a) In General.--Except as otherwise provided by this title, the transfer pursuant to this title of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of transfer of such employee under this title. (b) Executive Schedule Positions.--Except as otherwise provided in this title, any person who, on the day preceding the effective date of this title, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the transferee agency to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position. SEC. 211. SAVINGS PROVISIONS. (a) Continuing Effect of Legal Documents.--All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions-- (1) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this title, and (2) which are in effect at the time this title takes effect, or were final before the effective date of this title and are to become effective on or after the effective date of this title, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the head of the transferee agency or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Proceedings Not Affected.--The provisions of this title shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the transferor agency at the time this title takes effect, with respect to functions transferred by this title but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this title had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this title had not been enacted. (c) Suits Not Affected.--The provisions of this title shall not affect suits commenced before the effective date of this title, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this title had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against the transferor agency, or by or against any individual in the official capacity of such individual as an officer of the transferor agency, shall abate by reason of the enactment of this title. (e) Administrative Actions Relating to Promulgation of Regulations.--Any administrative action relating to the preparation or promulgation of a regulation by the transferor agency relating to a function transferred under this title may be continued by the transferee agency with the same effect as if this title had not been enacted. SEC. 212. SEPARABILITY. If a provision of this title or its application to any person or circumstance is held invalid, neither the remainder of this title nor the application of the provision to other persons or circumstances shall be affected. SEC. 213. TRANSITION. The head of the transferee agency is authorized to utilize-- (1) the services of such officers, employees, and other personnel of the transferor agency with respect to functions transferred to the transferee agency by this title; and (2) funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this title. SEC. 214. REFERENCES. Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to-- (1) the head of the transferor agency with regard to functions transferred under section 202, shall be deemed to refer to the head of the transferee agency; and (2) the transferor agency with regard to functions transferred under section 202, shall be deemed to refer to the transferee agency. SEC. 215. DEVELOPMENT OF CONSOLIDATION PLAN. (a) In General.--Not later than 9 months after the date of enactment of this Act, the Director of the United States Information Agency, after consultation with the appropriate congressional committees, shall submit to those committees a plan for the consolidation of the functions transferred under section 202 with the existing broadcasting activities carried out by the Bureau for Broadcasting. (b) Contents of Plan.--Such plan shall include-- (1) a proposal for the reduction of broadcasting activities by RFE/RL, Inc., during the 36-month period which begins on the date of submission of the plan; and (2) any recommendations for legislative changes as may be necessary. SEC. 216. REPEAL. The Board for International Broadcasting Act of 1973 (22 U.S.C. 2871 et seq.) is repealed. SEC. 217. EFFECTIVE DATE. This title shall take effect 12 months after its date of enactment.

Overseas Broadcasting Consolidation and Deficit Reduction Act of 1993 - Title I: Reduction in Government-Funded Radio and Television Broadcasting Overseas - Prohibits the use of funds for the design, construction, or operation of a radio transmitter facility in Israel. Repeals the Television Broadcasting to Cuba Act. Repeals a provision of the United States Information and Educational Exchange Act of 1948 which authorizes a U.S. Information Agency satellite and television program. Title II: Transfer of Functions and Savings Provisions - Transfers all functions of the Board for International Broadcasting to the U.S. Information Agency. Requires the Director of the U.S. Information Agency to submit to the appropriate congressional committees a plan for the consolidation of transferred functions with existing activities of the Bureau for Broadcasting that includes: (1) a proposal for the reduction of broadcasting activities by Radio Free Europe/Radio Liberty; and (2) recommendations for necessary legislative changes. Repeals the Board for International Broadcasting Act.

Overseas Broadcasting Consolidation and Deficit Reduction Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Reporting and Disclosure Act of 1998''. SEC. 2. EXPEDITING REPORTING OF INFORMATION. (a) Requiring Reports for Contributions and Expenditures Made Within 90 Days of Election to be Filed Within 24 Hours and Posted on Internet.-- (1) In general.--Section 304(a)(6) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(6)) is amended to read as follows: ``(6)(A) Each political committee shall notify the Secretary or the Commission, and the Secretary of State, as appropriate, in writing, of any contribution received and expenditure made by the committee during the period which begins on the 90th day before an election and ends at the time the polls close for such election. This notification shall be made within 24 hours (or, if earlier, by midnight of the day on which the contribution is deposited) after the receipt of such contribution or the making of such expenditure and shall include the name of the candidate involved (as appropriate) and the office sought by the candidate, the identification of the contributor or the person to whom the expenditure is made, and the date of receipt and amount of the contribution or the date of disbursement and amount of the expenditure. ``(B) The notification required under this paragraph shall be in addition to all other reporting requirements under this Act. ``(C) The Commission shall make the information filed under this paragraph available on the Internet immediately upon receipt.''. (2) Internet defined.--Section 301(19) of such Act (2 U.S.C. 431(19)) is amended to read as follows: ``(19) The term `Internet' means the international computer network of both Federal and non-Federal interoperable packet-switched data networks.''. (b) Requiring Reports of Certain Filers to be Transmitted Electronically; Certification of Private Sector Software.--Section 304(a)(11)(A) of such Act (2 U.S.C. 434(a)(11)(A)) is amended by striking the period at the end and inserting the following: ``, except that in the case of a report submitted by a person who reports an aggregate amount of contributions or expenditures (as the case may be) in all reports filed with respect to the election involved (taking into account the period covered by the report) in an amount equal to or greater than $50,000, the Commission shall require the report to be filed and preserved by such means, format, or method. The Commission shall certify (on an ongoing basis) private sector computer software which may be used for filing reports by such means, format, or method.''. (c) Change in Certain Reporting From a Calendar Year Basis to an Election Cycle Basis.--Section 304(b) of such Act (2 U.S.C. 434(b)) is amended by inserting ``(or election cycle, in the case of an authorized committee of a candidate for Federal office)'' after ``calendar year'' each place it appears in paragraphs (2), (3), (4), (6), and (7). SEC. 3. EXPANSION OF TYPE OF INFORMATION REPORTED. (a) Requiring Record Keeping and Report of Secondary Payments by Campaign Committees.-- (1) Reporting.--Section 304(b)(5)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(5)(A)) is amended by striking the semicolon at the end and inserting the following: ``, and, if such person in turn makes expenditures which aggregate $500 or more in an election cycle to other persons (not including employees) who provide goods or services to the candidate or the candidate's authorized committees, the name and address of such other persons, together with the date, amount, and purpose of such expenditures;''. (2) Record keeping.--Section 302 of such Act (2 U.S.C. 432) is amended by adding at the end the following new subsection: ``(j) A person described in section 304(b)(5)(A) who makes expenditures which aggregate $500 or more in an election cycle to other persons (not including employees) who provide goods or services to a candidate or a candidate's authorized committees shall provide to a political committee the information necessary to enable the committee to report the information described in such section.''. (3) No effect on other reports.--Nothing in the amendments made by this subsection may be construed to affect the terms of any other recordkeeping or reporting requirements applicable to candidates or political committees under title III of the Federal Election Campaign Act of 1971. (b) Including Report on Cumulative Contributions and Expenditures in Post Election Reports.--Section 304(a)(7) of such Act (2 U.S.C. 434(a)(7)) is amended-- (1) by striking ``(7)'' and inserting ``(7)(A)''; and (2) by adding at the end the following new subparagraph: ``(B) In the case of any report required to be filed by this subsection which is the first report required to be filed after the date of an election, the report shall include a statement of the total contributions received and expenditures made as of the date of the election.''. (c) Including Information on Aggregate Contributions in Report on Itemized Contributions.--Section 304(b)(3) of such Act (2 U.S.C. 434(b)(3)) is amended-- (1) in subparagraph (A), by inserting after ``such contribution'' the following: ``and the total amount of all such contributions made by such person with respect to the election involved''; and (2) in subparagraph (B), by inserting after ``such contribution'' the following: ``and the total amount of all such contributions made by such committee with respect to the election involved''. SEC. 4. PROMOTING EFFECTIVE ENFORCEMENT BY FEDERAL ELECTION COMMISSION. (a) Requiring FEC to Provide Written Responses to Questions.-- (1) In general.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by inserting after section 308 the following new section: ``other written responses to questions ``Sec. 308A. (a) Permitting Responses.--In addition to issuing advisory opinions under section 308, the Commission shall issue written responses pursuant to this section with respect to a written request concerning the application of this Act, chapter 95 or chapter 96 of the Internal Revenue Code of 1986, a rule or regulation prescribed by the Commission, or an advisory opinion issued by the Commission under section 308, with respect to a specific transaction or activity by the person, if the Commission finds the application of the Act, chapter, rule, regulation, or advisory opinion to the transaction or activity to be clear and unambiguous. ``(b) Procedure for Response.-- ``(1) Analysis by staff.--The staff of the Commission shall analyze each request submitted under this section. If the staff believes that the standard described in subsection (a) is met with respect to the request, the staff shall circulate a statement to that effect together with a draft response to the request to the members of the Commission. ``(2) Issuance of response.--Upon the expiration of the 3- day period beginning on the date the statement and draft response is circulated (excluding weekends or holidays), the Commission shall issue the response, unless during such period any member of the Commission objects to issuing the response. ``(c) Effect of Response.-- ``(1) Safe harbor.--Notwithstanding any other provisions of law, any person who relies upon any provision or finding of a written response issued under this section and who acts in good faith in accordance with the provisions and findings of such response shall not, as a result of any such act, be subject to any sanction provided by this Act or by chapter 95 or chapter 96 of the Internal Revenue Code of 1986. ``(2) No reliance by other parties.--Any written response issued by the Commission under this section may only be relied upon by the person involved in the specific transaction or activity with respect to which such response is issued, and may not be applied by the Commission with respect to any other person or used by the Commission for enforcement or regulatory purposes. ``(d) Publication of Requests and Responses.--The Commission shall make public any request for a written response made, and the responses issued, under this section. In carrying out this subsection, the Commission may not make public the identity of any person submitting a request for a written response unless the person specifically authorizes to Commission to do so. ``(e) Compilation of Index.--The Commission shall compile, publish, and regularly update a complete and detailed index of the responses issued under this section through which responses may be found on the basis of the subjects included in the responses.''. (2) Conforming amendment.--Section 307(a)(7) of such Act (2 U.S.C. 437d(a)(7)) is amended by striking ``of this Act'' and inserting ``and other written responses under section 308A''. (b) Standard for Initiation of Actions by FEC.--Section 309(a)(2) of such Act (2 U.S.C. 437g(a)(2)) is amended by striking ``it has reason to believe'' and all that follows through ``of 1954,'' and inserting the following: ``it has a reason to investigate a possible violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1986 that has occurred or is about to occur (based on the same criteria applicable under this paragraph prior to the enactment of the Campaign Reform and Election Integrity Act of 1998),''. (c) Standard Form for Complaints; Stronger Disclaimer Language.-- (1) Standard form.--Section 309(a)(1) of such Act (2 U.S.C. 437g(a)(1)) is amended by inserting after ``shall be notarized,'' the following: ``shall be in a standard form prescribed by the Commission, shall not include (but may refer to) extraneous materials,''. (2) Disclaimer language.--Section 309(a)(1) of such Act (2 U.S.C. 437g(a)(1)) is amended-- (A) by striking ``(a)(1)'' and inserting ``(a)(1)(A)''; and (B) by adding at the end the following new subparagraph: ``(B) The written notice of a complaint provided by the Commission under subparagraph (A) to a person alleged to have committed a violation referred to in the complaint shall include a cover letter (in a form prescribed by the Commission) and the following statement: `The enclosed complaint has been filed against you with the Federal Election Commission. The Commission has not verified or given official sanction to the complaint. The Commission will make no decision to pursue the complaint for a period of at least 15 days from your receipt of this complaint. You may, if you wish, submit a written statement to the Commission explaining why the Commission should take no action against you based on this complaint. If the Commission should decide to investigate, you will be notified and be given further opportunity to respond.'''. SEC. 5. BANNING ACCEPTANCE OF CASH CONTRIBUTIONS GREATER THAN $100. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i) No candidate or political committee may accept any contributions of currency of the United States or currency of any foreign country from any person which, in the aggregate, exceed $100.''. SEC. 6. EFFECTIVE DATE. Except as otherwise specifically provided, this Act and the amendments made by this Act shall apply with respect to elections occurring after January 1999. Passed the House of Representatives March 30, 1998. Attest: ROBIN H. CARLE, Clerk.

Campaign Reporting and Disclosure Act of 1998 - Amends the Federal Election Campaign Act of 1971 (FECA) to require each political committee to notify the Federal Election Commission or the Secretary of the Senate, and the Secretary of State, as appropriate, in writing, of any contribution received and expenditure made by the committee within 90 days of an election. Requires the notification to be made within 24 hours after the receipt of such contribution or the making of such expenditure and to include the name of the candidate involved, the office sought by the candidate, the identification of the contributor or the person to whom the expenditure is made, and the date of receipt and the amount of the contribution or the date of disbursement and the amount of the expenditure. Requires the Commission to make such filed information available on the Internet immediately upon receipt. Revises FECA reporting requirements to: (1) require reports submitted by persons who report contributions or expenditures in all reports filed in the election involved (taking into account the period covered by the report) in an amount equal to or greater than $50,000 to be filed electronically; and (2) change certain reporting from a calendar year basis to an election cycle basis. Requires that a political committee report expenditures made for personal and consulting services by certain individuals other than employees and prescribes that such individuals maintain records of such services and report the information to the political committee. Provides for the first report required to be filed after an election by political committees to include a statement of the total contributions received and expenditures made as of the date of the election. Requires FECA reports on itemized contributions made by persons or political committees to include information on the total amount of all such contributions made by such person or committee in the election involved. Requires the Commission, in addition to issuing advisory opinions with respect to a specific transaction or activity by a person, to provide written responses to questions concerning the application of FECA, the Presidential Election Campaign Fund Act, the Presidential Primary Matching Payment Account Act, a rule or regulation, or an advisory opinion of the Commission with respect to the transaction or activity by the person if the Commission finds the application of the Act, chapter, rule, regulation, or advisory opinion to the transaction or activity to be clear and unambiguous. Sets forth a "safe harbor" rule. Directs the Commission to: (1) make public any request for a written response made, and the responses issued, but may not make public the identity of any person submitting a request for a written response unless the person specifically authorizes the Commission to do so; and (2) compile, publish, and regularly update a complete and detailed index of the responses issued. Prohibits acceptance by candidates and political committees of U.S. and foreign cash contributions greater than $100.

Campaign Reporting and Disclosure Act of 1998

SECTION 1. SHORT TITLE, REFERENCES, AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Clean Air Act Amendments of 1996''. (b) References.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Clean Air Act. (c) Table of Contents.--The table of contents is as follows: Sec. 1. Short title, references, and table of contents. Sec. 2. Operating permits. Sec. 3. Enhanced monitoring. Sec. 4. Recognition of effective controls. Sec. 5. Sanctions. Sec. 6. Hazardous air pollutants. Sec. 7. Voluntary controls adopted prior to nonattainment. Sec. 8. Attainment date determinations. Sec. 9. Attainment redesignations. Sec. 10. Credit for episodic controls. Sec. 11. Opt-in reformulated gas areas. Sec. 12. NOx reductions for reformulated gas. Sec. 13. Establishing national primary ambient air quality standards. Sec. 14. Transportation conformity. Sec. 15. Overwhelming transport. Sec. 16. Automobile inspection and maintenance. Sec. 17. Emissions trading. SEC. 2. OPERATING PERMITS. (a) Definition of Applicable Requirement.--Section 501 (42 U.S.C. 7661) is amended by adding the following new paragraph after paragraph (4): ``(5) Applicable requirement.--The term `applicable requirement' means any requirement promulgated by the Administrator pursuant to section 111 (42 U.S.C. 7411), section 112 (42 U.S.C. 7412) with the exception of section 112(r), section 129 (42 U.S.C. 7429), Section 165 (42 U.S.C. 7475), subsections (e) and (f) of section 183 (42 U.S.C. 7511b), section 328 (42 U.S.C. 7627), title IV or title VI (unless the permitting authority determines that a requirement imposed pursuant to title VI need not be contained in a permit issued under this title) and any limitation on emissions or operations contained in a construction permit issued pursuant to Parts C or D of title I. The term `applicable requirement' also includes any other requirement provided for in an applicable state implementation plan, except that a requirement imposed pursuant to a State minor new source review program under section 110(a)(2) (42 U.S.C. 7410(a)(2)) shall not be considered an applicable requirement for purposes of this title. Notwithstanding this paragraph, any permitting authority may provide for the terms of permits issued under its minor new source review to be appended to or incorporated in an operating permit issued under this subchapter. Nothing in this paragraph shall affect the authority of any person to enforce any requirement imposed under any rule, permit, or implementation plan under this Act.''. (b) Assurance of Operating Flexibility.--(1) Section 502 (b)(10) (42 U.S.C. 766la(b)(10)), is amended to read as follows: ``(10) The permitting authority may not require any source to obtain or modify a permit issued under this title for any physical or operational change at the source or for taking any other action prior to the date 7 days after the physical or operational change or other action is initiated. Nothing in this title shall be construed to alter the requirements of any other title of this Act that a permit be obtained before construction or modification of a source. Nothing in this paragraph shall preclude any State from continuing to impose any requirement or employ any procedure separate and apart from the program required under this title, provided that such requirements and procedures shall not be applicable requirements under this title.''. (2) Section 502(b) (42 U.S.C. 766la(b)) is amended by adding the following paragraph after paragraph (10): ``(11) A provision giving major stationary sources the option of obtaining permits that would allow emissions increases and decreases at various units within the major stationary source without permit revisions if overall emissions limits for the major stationary source are not exceeded and preconstruction review is not required under title I. Nothing in this paragraph shall preclude any State from continuing to impose any requirement or employ any procedure separate and apart from the program required under this title, provided that such requirements and procedures shall not be applicable requirements under this title.''. (c) Sanctions and Federal Implementation.--Section 502(d) (42 U.S.C. 7661a(d)) is amended by inserting before the period at the end of subparagraphs (A) and (B) of paragraph (2) and before the period at the end of (3) the following: ``in any case in which the Administrator determines that such failure will cause the State to fail to attain a national primary ambient air quality standard by the applicable attainment date''. (d) Permit Term.--Section 502(b)(5)(B) is amended by striking out ``5 years'' and inserting ``10 years''. SEC. 3. ENHANCED MONITORING. Section 114(a) (42 U.S.C. 7414(a)(3)) is amended by striking paragraph (3) and inserting the following: ``(3) The Administrator shall in the case of any person which is the owner or operator of a major source, and may, in the case of any other person, require submission of compliance certifications. Compliance certifications shall include (A) identification of the applicable requirement that is the basis of the certification, (B) the method used for determining the compliance status of the source, and (C) its compliance status. Compliance certifications and monitoring data shall be subject to subsection (c) of this section. Submission of a compliance certification shall in no way limit the Administrator's authorities to investigate or otherwise implement this Act. ``(4) Nothing in this section or in title V shall authorize the Administrator to revise significantly, or to require significant revision of, an existing compliance method without employing procedures, such as a rulemaking, to allow meaningful comment on that revision and to assess the effect of the revision on the stringency of the underlying emission standard or limitation. Nothing in this section or section 113 (42 U.S.C. 7413) shall authorize the use of evidence other than the applicable compliance method or test method to establish a violation of the numerical component of an emission limitation or standard. For purposes of this paragraph, compliance method as test method shall meet the requirements contained in a regulation or permit for monitoring or testing to determine compliance with the applicable emission standard or limitation. Nothing in this subparagraph shall limit the authority of the Administrator to increase the stringency of controls or to impose new controls, as required under any other section of this Act. SEC. 4. RECOGNITION OF EFFECTIVE CONTROLS. Section 302 (42 U.S.C. 7602) is amended by adding the following at the end thereof: ``(aa) Potential To Emit.--The term `potential to emit' means the maximum capacity of a stationary source to emit any regulated air pollutant under its physical and operational design. Any physical or operational limit on the capacity of a source to emit any regulated air pollutant, including any limit enforceable under Federal, State, or local law and including any pollution control equipment and restrictions on hours of operation or on the type or amount of material used, produced, stored, combusted or processed at such source shall be treated as part of its design if the limitation is effective.''. SEC. 5. SANCTIONS. The first sentence of section 179(a) (42 U.S.C. 7509(a)) is amended by striking ``one of the sanctions referred to in subsection (b) shall apply, as selected by the Administrator'' and all that follows down through the period at the end thereof and inserting ``the Administrator may apply one of the sanction referred to in subsection (b) if the Administrator finds that such deficiency is likely to result in a failure by the State to attain a national primary ambient air quality standard by the applicable attainment date.''. SEC. 6. HAZARDOUS AIR POLLUTANTS. Section 112(j)(6) is amended in the second sentence by striking all after ``the Administrator shall revise such permit'' and inserting ``to comply with such standard and such revision shall take effect on the date 10 years after the date such standard is promulgated.''. SEC. 7. VOLUNTARY CONTROLS ADOPTED PRIOR TO NONATTAINMENT. Section 182(b)(1)(C) is amended by adding the following at the end thereof: ``Any measures that were not expressly required by this Act, but that were voluntarily implemented, prior to the designation of the area as a nonattainment area shall be credited as additional reductions for purposes of any revised plan adopted for the area pursuant to this part following designation of the area as an ozone nonattainment area.''. SEC. 8. ATTAINMENT DATE DETERMINATIONS. (a) Paragraph (5) Extensions.--Section 181(a)(5)(B) is amended to read as follows: ``(B)(i) no more than one exceedance of the national ambient air quality standard for ozone has occurred in the area in the year preceding the Extension Year, ``(ii) the design value of the area (based on data from the year preceding the extension year) does not exceed the design value for the current classification of the area as specified in table 1 of paragraph (1), or ``(iii) the Administrator determines that infrequent episodic variations in air pollution levels caused by weather impact an area's ability to demonstrate attainment.''. (b) Additional Extension for Certain Areas.--Section 181(a) is amended by adding the following at the end thereof: ``(6) Attainment followed by violation.--Upon application by any State, the Administrator may extend, for up to an additional 3 years, the date specified in Table I of paragraph (1) of this subsection and the dates specified in section 182(b) regarding reasonable further progress, if-- ``(A) the area has in a 3-year period prior to the attainment date, qualified for redesignation as attainment for ozone, but ``(B) subsequent to such 3-year period, the area has violated the ozone standard. No more than one extension may be issued under this paragraph for a single nonattainment area.''. SEC. 9. ATTAINMENT REDESIGNATIONS. Section 107(d)(3) is amended as follows: (1) By amending the second sentence of subparagraph (D) to read as follows: ``The Administrator shall publish notice in the Federal Register of the Administrator's receipt of a request for redesignation. The Administrator shall also publish notice in the Federal Register of the Administrator's proposed approval or denial within 90 days after receipt of a complete State redesignation submittal and approve or deny such redesignation within 90 days thereafter.''. (2) By adding the following at the end of subparagraph (E): ``If a State requests the Administrator to redesignate an area as attainment and submits information to the Administrator regarding such area adequate to demonstrate compliance with clauses (ii) through (v) and compliance (for a period of 3 years prior to the submission) with clause (i) and if the Administrator fails to publish notice in the Federal Register of the Administrator's proposed approval or denial of such request within 90 days after receipt of a complete State redesignation request or fails to approve or deny such request within 90 days thereafter, the area shall be deemed to be redesignated as an attainment area by operation of law on the date 180 days after the Administrator's receipt of a complete State redesignation request.''. SEC. 10. CREDIT FOR EPISODIC CONTROLS. Section 110(a) is amended by inserting the following new subparagraph immediately after paragraph (3): ``(4) In determining whether the provisions of any plan or plan revision submitted under this Act are adequate to attain and maintain any national primary or secondary ambient air quality standard, the Administrator shall provide appropriate credits for plan provisions which are designed to control air pollution only during certain periods when levels of one or more air pollutants are, or are likely to be, at higher levels than at other periods.''. SEC. 11. OPT-IN REFORMULATED GAS AREAS. Section 211(k)(6)(A) of the Clean Air Act is amended as follows: (1) By inserting the following after the second sentence: ``No area included in the coverage of the prohibition set forth in paragraph (5) pursuant to an application under this paragraph may continue to be included in such prohibition after December 31, 1999, unless the Governor of the State in which such area is located has notified the Administrator of such continued inclusion prior to December 31, 1997, and the Administrator has published such notice in the Federal Register.''. (2) By adding the following at the end thereof: ``An area that has been included in the coverage of the prohibition set forth in paragraph (5) pursuant to an application under this paragraph may subsequently be excluded from such coverage pursuant to an application by the Governor to the Administrator, but such exclusion shall not take effect for a period of 1-year after the application is approved (in the case of Phase I Reformulated Gas Regulations) or 8-years after the date on which the area was first included in the coverage of such prohibition (in the case of Phase II Reformulated Gas Regulations). After an area is excluded from coverage pursuant to the preceding sentence, any subsequent inclusion (or subsequent exclusion) of the area from such coverage shall not take effect for a period of 1-year after the Governor's application is approved. A Governor's application shall be treated as approved under this subparagraph on the date on which the Administrator publishes notice of such approval in the Federal Register.''. SEC. 12. NO<greek-KH> REDUCTIONS FOR REFORMULATED GAS. Section 211(k)(2)(A) of the Clean Air Act is amended by adding the following at the end thereof: ``The Administrator may not require that emissions of oxides of nitrogen (NO<greek-KH>) from baseline vehicles when using the reformulated gasoline be less than emissions from such vehicles when using baseline gasoline.''. SEC. 13. ESTABLISHING NATIONAL PRIMARY AMBIENT AIR QUALITY STANDARDS. Section 109 of the Clean Air Act is amended as follows: (1) At the end of subsection (a) add the following: ``(3) Within two years after the enactment of this paragraph the Administrator shall promulgate national primary ambient air quality goals and revised national primary ambient air quality standards.''. (2) In subsection (b)(1), strike ``prescribed, under subsection (a)'' and insert ``prescribed under subsection (a)(1)''. (3) Strike the last sentence of subsection (a)(1) and insert ``The national primary ambient air quality goals promulgated under subsection (a)(3) shall set forth a level of ambient air quality, based on such criteria and allowing an adequate margin of safety, that is requisite to protect the public health. In establishing such level the Administrator shall not take into account infrequent episodic variations in air pollution levels that are caused by weather. The revised national primary ambient air quality standards promulgated under subsection (a)(3) shall be as close to such national primary ambient air quality goals as feasible such that the incremental costs of attaining such standard do not exceed the incremental benefits of attaining the standard.''. SEC. 14. TRANSPORTATION CONFORMITY. Section 176 is amended to read as follows: ``SEC. 176. TRANSPORTATION CONFORMITY. ``Beginning on November 15, 1996, and at 4-year intervals thereafter, each State shall submit a revised inventory and performance plan for review by the Administrator. Such plan shall include a certification by the State that the plan has been developed so as to meet air quality goals. The applicability of a State approved implementation plan shall become effective for the purposes of this section upon signature of the Governor and shall continue unless disapproved by the Administrator within 30 days. The form and content of the inventory and performance plan shall solely be within the purview of each State and the Administrator shall not disapprove such plan unless the Administrator determines that a State has developed an inventory and plan without adhering to such State's own processes and procedures. If not disapproved within 30 days, such inventories and plans shall be considered approved. Nothing in this section shall require the submission of an inventory or plan more than once every 4 years.''. SEC. 15. OVERWHELMING TRANSPORT. Section 181 is amended by adding the following at the end thereof: ``(d) Overwhelming Transport.--If, based on photochemical grid modeling demonstrations or any other analytical method determined by the Administrator to be as effective, the Administrator determines that the area is a downwind nonattainment area receiving ozone or ozone precursor transport from outside the area and control of ozone concentrations is beyond the ability of the area to control because volatile organic compounds and oxides of nitrogen from sources within such area do not make a significant contribution to ozone concentrations in such area (or in any other ozone nonattainment area), the Administrator may redesignate the area as attainment or as having a lower classification.''. SEC. 16. AUTOMOBILE INSPECTION AND MAINTENANCE. Section 182(c)(3)(C)(iv) is amended by inserting ``safety inspection approval or'' after ``denial of''. SEC. 17. EMISSIONS TRADING. Section 110 is amended by inserting the following new subsection immediately before subsection (f): ``(e) Emissions Trading Programs.--The Administrator shall approve any emissions trading program submitted under this section as part of an applicable implementation plan or implementation plan revision for any area unless the Administrator determines that such program would result in the failure of a nonattainment area to attain the national primary or secondary ambient air quality standards by the applicable attainment date or in the failure of an area that has been designated as attainment to maintain such standards. The Administrator shall not be required to approve any plan which will result in increased emissions (beyond the maintenance plan level) of the criteria pollutant for which the area is classified as nonattainment.''.

Clean Air Act Amendments of 1996 - Amends the Clean Air Act to define permit program "applicable requirements." Revises Environmental Protection Agency (EPA) standards for permit programs regarding: (1) permitting authorities' requirements that a source obtain or modify a permit for a physical or operational change or another action prior to a date seven days after the change or action has begun; and (2) major stationary source permits that allow emissions increases and decreases at various units within the source without permit revision if certain overall emissions standards are met. Doubles the allowable term of a permit. Requires, before permit program-related sanctions are imposed, a determination by the EPA Administrator that such failure will cause the State to fail to attain a national primary ambient air quality standard by the applicable date. (Sec. 3) Repeals the authority of the Administrator to require enhanced monitoring of major stationary sources and revises compliance certification and method requirements. (Sec. 4) Adds a definition of "potential to emit" to treat physical or operational limits on a source's capacity to emit regulated air pollutants as part of the source's design if the limitation is effective. (Sec. 5) Requires, before sanctions are imposed for non-submittal, disapproval, or failure to implement requirements of a plan for a nonattainment area, a determination that the deficiency is likely to result in a failure by the State to attain a national primary ambient air quality standard by the applicable date. Makes the imposition of sanctions discretionary. (Sec. 6) Modifies the procedure for permit revision where the Administrator promulgates a hazardous air pollutant emission standard, after the permit's issuance, that would be applicable to the source in lieu of the limitation established by permit. (Sec. 7) Provides, with respect to plans for Moderate ozone nonattainment areas, for the crediting as reductions of certain voluntary measures implemented before designation as a nonattainment area. (Sec. 8) Expands the factors allowing extension, upon State application, of the primary standard attainment date for ozone. Allows extension for certain areas that qualified for attainment designation but subsequently violated the ozone standard. (Sec. 9) Shortens the time period and modifies the procedure for redesignation, upon State application, of an air quality control region. (Sec. 10) Requires the Administrator, when evaluating the adequacy of State implementation plans for national primary and secondary ambient air quality standards, to credit provisions designed to control air pollution only during certain periods during which pollutant levels are elevated. (Sec. 11) Imposes limitations on the inclusion, at a State's option, of ozone nonattainment areas in the prohibition requiring the sale of reformulated gasoline. (Sec. 12) Prohibits the Administrator from requiring that nitrogen oxide emissions from baseline (representative) vehicles using reformulated gasoline be less than emissions from such vehicles using "baseline" gasoline. (Sec. 13) Requires the promulgation of: (1) national primary ambient air quality goals that discount certain episodic weather-related variations; and (2) revised standards, using a cost-benefit analysis, as close to the air quality goals as is feasible. (Sec. 14) Removes limitations on Federal assistance for transportation activities not conforming to a State implementation plan. Considers the form and content of a State inventory and performance plan solely within the purview of a State and declares such a plan effective upon the Governor's approval unless disapproved by EPA within 30 days. Makes the standard for approval the plan's adherence to the State's own processes and procedures. (Sec. 15) Allows the upgrading of an ozone nonattainment area if the Administrator makes a specified determination concerning the inability of the area to control ozone concentrations resulting from downwind transport of ozone or precursors from another area. (Sec. 16) Requires inclusion, in an enhanced vehicle inspection and maintenance program for a Serious ozone nonattainment area, of enforcement through denial of safety inspection approval (as an alternative to denial of registration, as under current law). (Sec. 17) Requires the Administrator to approve an emissions trading program as part of an implementation plan unless certain attainment failures would result.

Clean Air Act Amendments of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal States Extension Act of 2013''. SEC. 2. FINDINGS. The Congress finds as follows: (1) In Executive Proclamation 5928, issued on December 27, 1988, the President extended the boundaries of the territorial sea of the United States from 3 nautical miles to 12 nautical miles in accordance with international law. However, the Proclamation did not adequately address the effect of the extension on the territorial jurisdiction of the States. (2) The coastal States have, with few exceptions, jurisdiction over the land, air, water, and resources within their boundaries, which in most cases extend out into the oceans 3 nautical miles. (3) The Great Lake States have jurisdiction over the land, air, water, and resources of their offshore areas up to the border with Canada, which can range from 11 to 80 nautical miles from the coast line. (4) Some Gulf of Mexico States have jurisdiction over the land, air, water, and resources of their offshore areas out to 10.4 nautical miles from their coast line. (5) The coastal States-- (A) have consistently demonstrated an ability to manage ocean resources within their jurisdiction in a manner consistent with the interests of both the Nation and the coastal States; (B) have demonstrated both experience and skill at balancing protection, conservation, and utilization of the living and nonliving resources of the ocean; and (C) are better equipped than the Federal Government, in terms of fiscal resources and administrative abilities, to manage oil and natural gas resources within 12 nautical miles of their coast line. SEC. 3. EXTENSION OF STATE JURISDICTION OVER SUBMERGED LANDS. The Submerged Lands Act is amended-- (1) in section 2(a)(2) (43 U.S.C. 1301(a)(2)) by striking out ``three geographical miles'' the first place it appears and all that follows through ``beyond three geographical miles,'' and inserting ``12 nautical miles distant from the coast line of each such State;''; (2) in section 2(b) (43 U.S.C. 1301(b))-- (A) by striking out ``they existed'' and all that follows through ``extended or'' and inserting in lieu thereof ``approved and''; and (B) by striking out ``three geographical'' and all that follows through ``Mexico'' and inserting ``12 nautical miles or, in the case of the Great Lakes, farther than to the international boundary''; and (3) in section 4 (43 U.S.C. 1312)-- (A) in the first sentence-- (i) by striking out ``original coastal State'' and inserting ``coastal State admitted to the Union before the date of enactment of the Coastal States Extension Act of 2013''; and (ii) by striking out ``three geographical'' and inserting ``12 nautical''; and (B) in the second sentence by striking ``formation'' and all that follows through the end of the section and inserting ``date of enactment of the Coastal States Extension Act of 2013 may assert its seaward boundaries to a line 12 nautical miles distant from its coast line.''. SEC. 4. DISPOSITION OF CERTAIN OIL AND NATURAL GAS LEASES IN STATE SUBMERGED LANDS. (a) In General.--Any oil lease and natural gas lease executed by the Secretary of the Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 and following) that is in effect on the date of the enactment of this Act covering an area within lands transferred to States under section 3 shall remain in full force and effect until it expires pursuant to its terms or is cancelled pursuant to the Outer Continental Shelf Lands Act. Subject to subsection (b), upon the expiration or cancellation of such a lease, the State in whose territory the leased area is situated shall have the authority to grant oil and natural leases in such area. (b) Prohibition on Use of Lease Proceeds for Coastal Zone Development.--A State may not grant a lease in the area transferred to the State under that section until the Secretary of Commerce determines that the State has an approved program or is making satisfactory progress in developing a program under section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455). (c) Definitions.--As used in this section-- (1) the term ``lease'' has the meaning given that term in section 2(c) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(c)); and (2) the term ``coastal zone'' has the meaning given that term in section 304(1) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(1)).

Coastal States Extension Act of 2013 - Amends the Submerged Lands Act to extend state jurisdiction over submerged lands from 3 geographical miles to 12 nautical miles distant from the coast line of a state. Authorizes a state admitted subsequent to the date of enactment of this Act to assert its seaward boundaries to a line 12 nautical miles distant from its coast line. States that any oil lease and natural gas lease executed by the Secretary of the Interior that is in effect on the date of the enactment of this Act, and which covers an area within lands transferred to states under this Act, shall remain in full force and effect until it either expires pursuant to its terms or is cancelled pursuant to the Outer Continental Shelf Lands Act (OCSLA). Authorizes a state in whose territory the leased area is situated to grant oil and natural leases in such area. Prohibits a state from granting a lease in an area transferred to it under OCSLA until the Secretary of Commerce determines that the state has either an approved management program, or is making satisfactory progress in developing such a program, pursuant to certain administrative grant requirements of the Coastal Zone Management Act of 1972.

Coastal States Extension Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Executive Agency Simplification and Efficiency Act'' or the ``EASE Act''. SEC. 2. REQUIREMENT FOR COMPTROLLER GENERAL TO SUBMIT LEGISLATIVE PROPOSAL TO REORGANIZE EXECUTIVE BRANCH AGENCIES. (a) Legislative Proposal Requirement.--The Comptroller General of the United States shall submit one legislative proposal to Congress, with a copy transmitted to the President at the same time, to reorganize executive branch agencies in order to achieve the following: (1) A decrease in the total number of Federal agencies that promote American competitiveness, exports, and businesses, in order to improve and simplify support and services for American businesses. (2) Cost savings in the performance by the Federal Government of support and services for American businesses. (b) Deadline.--The Comptroller General shall submit the legislative proposal required by subsection (a) not later than one year after the date of the enactment of this Act. (c) Agency Defined.--In this Act, the term ``agency'' has the meaning provided in section 551(1) of title 5, United States Code. SEC. 3. EXPEDITED CONGRESSIONAL CONSIDERATION OF GAO LEGISLATIVE PROPOSAL. (a) Definition.--In this section, the term ``bill'' means only a bill that implements the legislative proposal submitted to Congress under section 2(a) and that is introduced within the 90-day period beginning on the date on which the Comptroller General submits the legislative proposal to Congress under section 2(a). (b) Referral.--A bill described in subsection (a) that is introduced in the House of Representatives shall be referred to the committee with jurisdiction over the subject matter concerned. A bill described in subsection (a) introduced in the Senate shall be referred to the committee with jurisdiction over the subject matter concerned. An amendment to the bill is not in order in the committee in either House. (c) Discharge.--If the committee to which a bill described in subsection (a) is referred has not reported such a bill (or an identical bill) by the end of the 20-day period beginning on the date on which the Comptroller General submits the proposal to the Congress under section 2, such committee shall be, at the end of such period, discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved. (d) Consideration.--(1) On or after the third day after the date on which the committee to which such a bill is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a bill, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the 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. All points of order against the bill (and against consideration of the bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the 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 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, or 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) Immediately following the conclusion of the debate on a bill described in subsection (a) 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 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 a bill described in subsection (a) shall be decided without debate. (e) Consideration by Other House.--(1) If, before the passage by one House of a bill of that House described in subsection (a), that House receives from the other House a bill described in subsection (a), then the following procedures shall apply: (A) The bill of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a bill described in subsection (a) of the House receiving the bill-- (i) the procedure in that House shall be the same as if no bill had been received from the other House; but (ii) the vote on final passage shall be on the bill of the other House. (2) Upon disposition of the bill received from the other House, it shall no longer be in order to consider the bill that originated in the receiving House. (f) Computation of Period.--For purposes of subsections (a) and (c), the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain shall be excluded in the computation of a period. (g) Rules of the Senate and House.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a bill described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

Executive Agency Simplification and Efficiency Act or the EASE Act -  Directs the Comptroller General (GAO) to submit one legislative proposal to Congress, with a copy to the President at the same time, to reorganize executive branch agencies to: (1) decrease the total number of agencies that promote American competitiveness, exports, and businesses in order to improve and simplify support and services for American businesses; and (2) achieve cost savings in the performance of support and services for American businesses by the federal government. Provides for expedited consideration of such proposal by the House of Representatives and the Senate.

EASE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthcare Accessibility for Seniors Act of 2002''. SEC. 2. REQUIRING MEDICAID HEALTH MAINTENANCE ORGANIZATIONS TO MAKE PAYMENTS FOR SERVICES PROVIDED BY HEALTH CENTERS IN FEDERALLY-ASSISTED HOUSING FOR THE ELDERLY. (a) In General.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 1396b(m)(2)(A)) is amended-- (1) by striking ``and'' at the end of clause (xi); (2) by striking the period at the end of clause (xii) and inserting ``; and''; and (3) by adding at the end the following new clause: ``(xiii) such contract provides that-- ``(I) the entity's network of participating providers of such services shall include at least one health center in Federally-assisted housing for the elderly (as defined in section 1905(t)), or ``(II) the entity shall enter into a contract for the provision of such services to such individuals with each such center (as so defined) located in the entity's service area, under terms and conditions (including terms and conditions relating to patient referrals and the sharing of patient records) similar to those applicable to a contract between the entity and a similar provider of such services in the area (in accordance with standards established by the Secretary).''. (b) Health Center in Federally-Assisted Housing for the Elderly Described.--Section 1905 of such Act (42 U.S.C. 1396d) is amended by adding at the end the following new subsection: ``(t) The term `health center in Federally-assisted housing for the elderly' means a clinic which is located at an Federally-assisted housing project (which may be receiving assistance under section 202 of the Housing Act of 1959) in which elderly persons (as defined in section 3(b)(3)(D) of the United States Housing Act of 1937) constitute a minimum of 25 percent of its residents and which-- ``(1) provides physical examinations, injury treatment, primary health services, mental health services, and other services (to the extent permitted under the laws or regulations of the State in which it is located) on an on-site basis to residents of the housing project (without regard to whether or not the residents are enrolled in the State plan under this title); ``(2) refers such residents to other providers of health care services for services which the center does not provide on-site; ``(3) has entered into arrangements with other providers of health care services providing services on a 24-hour, emergency basis; ``(4) has on its staff at least one physician (whether employed on a part-time or full-time basis); at least one physician assistant, nurse practitioner, or clinical nurse specialist; and at least one mental health professional; and ``(5) is approved or certified as such a clinic by the State in which it is located.''. (c) Prohibition Against Waiver of Requirement.--The Secretary of Health and Human Services may not waive (pursuant to section 1115 or section 1915 of the Social Security Act or otherwise) the application of section 1903(m)(2)(A)(xii) of the Social Security Act (as added by subsection (a)) with respect to any State. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to contracts between a State and a medicaid managed care entity for contract years or periods that begin on or after 180 days after the date of the enactment of this Act. SEC. 3. ESTABLISHMENT OF CLEARINGHOUSE FOR INFORMATION AND TECHNICAL ASSISTANCE ON HEALTH CENTERS IN FEDERALLY-ASSISTED HOUSING FOR THE ELDERLY. Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a clearinghouse through which interested parties may receive information and technical assistance on the establishment and operation of health centers in Federally-assisted housing for the elderly. SEC. 4. GRANTS FOR HEALTH CENTERS IN FEDERALLY-ASSISTED HOUSING FOR THE ELDERLY. (a) In General.--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 subpart: ``Subpart X--Health Centers in Federally-Assisted Housing for the Elderly ``health centers in federally-assisted housing for the elderly ``Sec. 340F. (a) In General.-- ``(1) In general.--The Secretary may make grants to public and nonprofit private entities for the purpose of making available to elderly persons health services specified in subsection (d) at sites that are on or in close proximity to Federally-assisted housing projects for the elderly (or at such other sites as the Secretary determines to be appropriate to provide residents of such housing projects with access to the services). ``(2) Elderly person.--For purposes of this section, the term `elderly person' has the meaning given such term in section 3(b)(3)(D) of the United States Housing Act of 1937 (42 U.S.C. 1437(b)(3)(D)). ``(3) Federally-assisted housing projects for the elderly.--The term `Federally-assisted housing projects for the elderly' is a Federally-assistance housing project in which the elderly person constitute at least 25 percent of the residents of the project. ``(b) Minimum Qualifications for Grantees.-- ``(1) Status as medicaid provider.-- ``(A) Except as provided in subparagraph (B), the Secretary may make a grant under subsection (a) only if the applicant for the grant is a provider of services under the State plan approved for the State involved under title XIX of the Social Security Act. ``(B) The requirements established in subparagraph (A) do not apply to an applicant that provides health services without charge and does not receive reimbursement for the services from any third-party payors. ``(2) Required consultations.--The Secretary may make a grant under subsection (a) only if the applicant involved, in preparing the application under subsection (j), has consulted with elderly persons in the community in which services under the grant are to be provided, with administrators at Federally- assisted housing projects for the elderly in the community, and with the area agencies on aging in the community. ``(c) Preferences in Making Grants.--In making grants under subsection (a), the Secretary shall give preference to qualified applicants that are experienced in delivering health care services to medically underserved populations or in areas in which a significant number of elderly persons are at risk for health problems. ``(d) Authorized Services.-- ``(1) In general.--The Secretary may make a grant under subsection (a) only if the applicant involved agrees as follows: ``(A) Each of the following services will be made available under the grant (as medically appropriate for the child involved): ``(i) Comprehensive health examinations. ``(ii) Health education and prevention services. ``(iii) Follow-up care and referrals regarding routine health problems. ``(B) Services under subparagraph (A) will include screenings, follow-up care, and referrals (including referrals for specialty care) regarding dental, vision, and hearing services, and regarding sexually- transmitted diseases and other communicable diseases. ``(2) Other services.--In addition to services specified in paragraph (1), the Secretary may authorize a grantee under subsection (a) to expend the grant for such additional health or health-related services for elderly persons as the Secretary determines to be appropriate. ``(e) Cultural Context of Services.--The Secretary may make a grant under subsection (a) only if the applicant involved agrees that services under the grant will be provided in the language and cultural context most appropriate for the individuals to whom the services are provided. ``(f) Limitation on Imposition of Fees for Services.--The Secretary may make a grant under subsection (a) only if the applicant involved agrees that, if a fee is imposed for the provision of services under the grant, such fee-- ``(1) will be made according to a schedule of fees that is made available to the public; ``(2) will be adjusted to reflect the income and resources of the elderly persons involved; and ``(3) will not be imposed on any elderly person with an income of less than 150 percent of the applicable official poverty line (established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981). ``(g) Matching Funds.-- ``(1) In general.--With respect to the costs of the program to be carried out under subsection (a) by an applicant, the Secretary, subject to paragraph (3), may make a grant under such subsection only if the applicant agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is-- ``(A) for the first fiscal year for which the applicant receives such a grant, 10 percent of such costs; ``(B) for any second such fiscal year, 25 percent of such costs; and ``(C) for any subsequent such fiscal year, 50 percent of such costs. ``(2) Determination of amount contributed.--Non-Federal contributions required in paragraph (1) 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. ``(3) Waiver.--The Secretary may for an applicant waive the requirement of paragraph (1) for a fiscal year if the Secretary determines that the applicant will be unable to carry out a program under subsection (a) otherwise. If the Secretary provides a waiver under the preceding sentence for a grantee under subsection (a) for a fiscal year, the Secretary may make a grant to the applicant for the following fiscal year only if the Secretary reviews the waiver to determine whether the waiver should remain in effect. ``(h) Additional Agreements.--The Secretary may make a grant under subsection (a) only if the applicant involved agrees as follows: ``(1) The applicant will maintain the confidentiality of patient records. ``(2) The applicant will establish an ongoing quality assurance program regarding services provided under the grant. ``(3) The applicant will not expend more than 10 percent of the grant for administrative expenses regarding the grant. ``(i) Reports to Secretary.--The Secretary may make a grant under subsection (a) only if the applicant agrees that, not later than February 1 of the fiscal year following the fiscal year for which the grant is to be made, the applicant will submit to the Secretary a report describing the program carried out by the applicant under the grant, including provisions on the utilization, cost, and outcome of services provided under the grant. ``(j) Application for Grant; Plan.--The Secretary may make a grant under subsection (a) only if an application for the grant is submitted to the Secretary; the application contains a plan describing the proposal of the applicant for a program under subsection (a); 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. ``(k) Evaluation of Programs.--The Secretary, directly or through grants or contracts, shall provide for evaluations of programs carried out under subsection (a), including the cost-effectiveness and health- effectiveness of the programs. ``(l) Reports to Congress.--Not later than May 31 of each fiscal year, the Secretary shall submit to the Congress a report on the programs carried out under subsection (a). The report shall include a summary of the evaluations carried out under subsection (k) for the preceding fiscal year. ``(m) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $500,000,000 for fiscal year 2003, $550,000,000 for fiscal year 2004, $600,000,000 for fiscal year 2005, $650,000,000 for fiscal year 2006, and $700,000,000 for fiscal year 2007.''.

Healthcare Accessibility for Seniors Act of 2002 - Amends title XIX (Medicaid) of the Social Security Act to require that, in order for States to receive payment under Medicaid, health maintenance organizations (HMOs) and other managed care plans providing medical assistance to Medicaid beneficiaries must provide in their contracts with the State for payment of specifically authorized services by certain health centers in Federally-assisted housing for the elderly.Directs the Secretary of Health and Human Services to establish a clearinghouse through which interested parties may receive information and technical assistance on the establishment and operation of such centers.Amends the Public Health Service Act to provide for grants to public and nonprofit private entities for health centers in Federally-assisted housing for the elderly.

To amend title XIX of the Social Security Act to require health maintenance organizations and other managed care plans providing medical assistance to Medicaid beneficiaries to make payments for assistance provided to such beneficiaries by health centers in Federally-assisted housing for the elderly, and for other purposes.

SECTION 1. NATIONAL TRANSPORTATION SYSTEM. Section 103 of title 23, United States Code, is amended by adding the following: ``(j) National Transportation System.-- ``(1) Purpose.--The purpose of the National Transportation System is to provide a unified and interconnected system of transportation facilities that will move people and goods efficiently to promote mobility, economic productivity, congestion relief, energy conservation, and air quality improvement. ``(2) Components.--The National Transportation System shall consist of the following: ``(A) Public transportation corridors and systems. ``(B) Intercity public and private transportation corridors and systems. ``(C) Major bus corridors. ``(D) Major rail systems. ``(E) The National Highway System. ``(F) Airports. ``(G) Ports and inland waterways. ``(H) Passenger terminals. ``(I) Ferry systems. ``(J) Other major intermodal transportation facilities. ``(3) Designation.-- ``(A) By secretary.--Not later than 2 years after the date of the enactment of this subsection, the Secretary shall submit to Congress the designation of the National Transportation System. The submitted designation shall be the National Transportation System unless modified in accordance with this subsection or by law. ``(B) Basis.--The proposed system submitted by the Secretary shall be based on designations submitted to the Secretary by the States and the metropolitan planning organizations under sections 134(g)(2) and 135(e) of this title. ``(C) Limitations.-- ``(i) Nonattainment areas.--No proposed new route or facility shall be included on the National Transportation System in any area that is in nonattainment area for ozone or carbon monoxide under the Clean Air Act until it has been included in a metropolitan or State long- range plan and transportation improvement program that has been demonstrated to be in conformity with a State implementation plan developed pursuant to the Clean Air Act. ``(ii) NHS segment.--A segment of the National Highway System shall not be a part of the National Transportation System until it has been included in a metropolitan or State long- range plan and transportation improvement program that has been demonstrated to be in conformity with a State implementation plan developed pursuant to the Clean Air Act. ``(D) Modification.--States or metropolitan planning organizations may request the addition or deletion of National Transportation System components. The Secretary shall make such modifications at least once every 2 years unless they are determined not to be in the public interest or promote the goals of the National Transportation System. ``(4) Grants.--The Secretary is authorized to make grants to pay 80 percent of the costs of development and implementation of processes and procedures that facilitate the goals of the National Transportation System, including operating agreements, public-private partnerships, information technologies such as traveler information systems, and intelligent vehicle highway and transit systems.''. SEC. 2. METROPOLITAN PLANNING. Section 134(g)(2)(A) of title 23, United States Code, is amended-- (1) by inserting after ``transit,'' the following: ``airport, port, inland waterway, railroad,''; and (2) by inserting after the first sentence the following: ``Such transportation system shall serve as the National Transportation System in that metropolitan area, unless the Secretary determines that designating all or any portion of such identified system as a part of the National Transportation System would not be in the public interest or promote the goals of the National Transportation System.''. SEC. 3. STATEWIDE PLANNING. Section 135(e) of title 23, United States Code, is amended by inserting after the first sentence the following: ``The plan shall, at a minimum, identify transportation facilities (including major roadways, transit, airport, port, inland waterway, railroad, and multimodal and intermodal facilities) that should function as an integrated State transportation system, giving emphasis to those facilities that serve important national and regional transportation functions. Such transportation system shall serve as the National Transportation System in that State, unless the Secretary determines that designating all or any portion of such identified system as a part of the National Transportation System would not be in the public interest or promote the goals of the National Transportation System.''. SEC. 4. FUNDING FROM NHS APPORTIONMENTS. Section 104(c) of title 23, United States Code, is amended to read as follows: ``(c) Set-asides and Transferability of NHS Apportionments.-- ``(1) Set-aside for grant program.--On October 1 of each fiscal year, the Secretary, after making the deduction authorized by subsection (a) of this section, shall set aside, for the purpose of making grants under section 103(j)(4), not to exceed 1 percent of the remaining funds authorized to be appropriated for expenditure upon the National Highway System. ``(2) Set-aside for connections to nts.-- ``(A) General rule.--Except if the Secretary provides otherwise, each State shall set-aside 10 percent of each apportionment made to the State under section 104(b)(1) for the National Highway System to provide intermodal connections to the National Highway System or connections between the National Highway System and other components of the National Transportation System. ``(B) New capacity for single-occupant passenger vehicles.--No funds set-aside by a State pursuant to this paragraph may be obligated for any project which adds new capacity for single-occupant passenger vehicles (other than for facilities which are part of a system to reduce the use of such vehicles). ``(3) Transferability.--Subject to paragraphs (4) and (5), a State may transfer not to exceed 50 percent of the State's apportionment under subsection (b)(1) to the apportionment of the State under subsection (b)(3). A State may transfer not to exceed 90 percent of the State's apportionment under subsection (b)(1) to the apportionment of the State under subsection (b)(3) if the State requests to make such transfer and the Secretary approves such transfer as being in the public interest, after providing notice and sufficient opportunity for public comment. ``(4) Division between urbanized areas of over 50,000 population and other areas.-- ``(A) General rule.--Except as provided in subparagraph (C), after the set-aside under paragraph (2), at least 75 percent of the remaining 90 percent of the funds apportioned to a State under section 104(b)(1) for a fiscal year shall be obligated-- ``(i) in the urbanized areas of the State with an urbanized area population of more than 50,000 that are transportation management areas designated under section 134(i) of this title or areas that are in nonattainment for ozone or carbon monoxide under the Clean Air Act; and ``(ii) the other areas of the State; in proportion to their relative share of the State's population. The remaining 25 percent may be obligated in any area of the State. ``(B) Special rule for rural areas.--Of the amounts required to be obligated under subparagraph (A)(ii), the State shall obligate in areas of the State (other than urban areas with a population greater than 5,000) an amount which is not less than 110 percent of the funds apportioned to the State for the Federal-aid secondary system for fiscal year 1991. ``(C) Nonapplicability to nonattainment areas.-- Subparagraph (A) shall not apply to any State for which the entire geographic area of the State is in nonattainment for ozone or carbon monoxide under the Clean Air Act. ``(D) Limitation on expanding capacity.--No funds apportioned under section 104(b)(1) for the National Highway System may be obligated for any project which expands capacity by adding one or more new travel lanes, other than auxiliary lanes or high occupancy vehicle lanes, if any National Highway System facility in that State is maintained in poor condition as defined in the most recent report to Congress under section 307(h) of this title unless the Governor certifies that such obligation is in the public interest and the Secretary approves. ``(5) Allocation of obligation authority.--A State which is required to obligate in an urbanized area with an urbanized area population of over 200,000 under paragraph (4) funds apportioned to it under section 104(b)(1) shall allocate during the 3-fiscal-year period 1995 through 1997 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction for use in such area determined by multiplying-- ``(A) the aggregate amount of funds which the State is required to obligate in such area under paragraph (4) during such period; by ``(B) the ratio of the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction during such period to the total sums apportioned to the State for Federal-aid highways and highway safety construction (excluding sums not subject to an obligation limitation) during such period.''.

Amends Federal transportation law to establish a National Transportation System (NTS) that will move people and goods in a way that promotes mobility, economic productivity, congestion relief, energy conservation, and air quality improvement. Directs the Secretary of Transportation to submit to the Congress the designation of the NTS. Prohibits proposed new routes or facilities that are in nonattainment areas for ozone or carbon monoxide, or segments of the National Highway System (NHS), from being included in the NTS until they have been included in a metropolitan or State long-range plan transportation improvement program conforming to a State implementation plan developed pursuant to the Clean Air Act. Authorizes the Secretary to make grants to pay 80 percent of the development and implementation costs of the NTS. Requires a metropolitan or State long-range plan to identify, at a minimum, transportation facilities, including, among others, airport, port, inland waterway, and railroad, that function as an integrated metropolitan or State transportation system, giving emphasis to facilities that serve important national and regional transportation functions. Requires such transportation systems to serve as the NTS in such metropolitan area or State, unless the Secretary determines it would not be in the public interest or promote the goals of the NTS. Directs the Secretary to set-aside a specified percentage of NHS funds for grants for the developmental costs of the NTS. Directs States to set-aside a specified percentage of their NHS apportionment to provide intermodal connections to the NHS or connections between the NHS and the NTS. Prohibits the use of State set-asides for projects that add new capacity for single-occupant passenger vehicles (other than for facilities which are part of a system that reduces their use). Sets forth formulae for the apportionment of NHS funds to certain urbanized and rural areas.

To amend title 23, United States Code, relating to establishment of the National Transportation System.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Entrepreneurship and Benefits Improvement Act of 2003''. SEC. 2. AUTHORIZATION FOR STATE APPROVING AGENCIES TO APPROVE CERTAIN ENTREPRENEURSHIP COURSES. (a) Approval of Entrepreneurship Courses.--Section 3675 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c)(1) A State approving agency may approve the entrepreneurship courses offered by a qualified provider of entrepreneurship courses. ``(2) For purposes of this subsection, the term `entrepreneurship course' means a non-degree, non-credit course of business education that enables or assists a person to start or enhance a small business enterprise. ``(3) Subsection (a) and paragraphs (1) and (2) of subsection (b) do not apply to-- ``(A) an entrepreneurship course offered by a qualified provider of entrepreneurship courses; and ``(B) a qualified provider of entrepreneurship courses by reason of such provider offering one or more entrepreneurship courses.''. (b) Business Owners Not Treated as Already Qualified.--Section 3471 of such title is amended by inserting before the last sentence the following: ``The Secretary shall not treat a person as already qualified for the objective of a program of education offered by a qualified provider of entrepreneurship courses solely because such person is the owner or operator of a business.''. (c) Inclusion of Entrepreneurship Courses in Definition of Program of Education.--Subsection (b) of section 3452 of such title is amended by adding at the end the following: ``Such term also includes any course, or combination of courses, offered by a qualified provider of entrepreneurship courses.''. (d) Inclusion of Qualified Provider of Entrepreneurship Courses in Definition of Educational Institution.--Subsection (c) of section 3452 of such title is amended by adding at the end the following: ``Such term also includes any qualified provider of entrepreneurship courses.''. (e) Definition of Qualified Provider of Entrepreneurship Courses.-- Section 3452 of such title is further amended by adding at the end the following new subsection: ``(h) The term `qualified provider of entrepreneurship courses' means-- ``(1) a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648), and ``(2) the National Veterans Business Development Corporation (established under section 33 of such Act (15 U.S.C. 657c)) insofar as the Corporation offers or sponsors an entrepreneurship course (as defined in section 3675(c)(2) of this title).''. (f) Effective Date.--The amendments made by this section shall apply to courses approved by State approving agencies after the date of the enactment of this Act. SEC. 3. PROCUREMENT PROGRAM FOR CERTIFIED SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY QUALIFIED SERVICE-DISABLED VETERANS, ETC. (a) Establishment of Program.--The Small Business Act (15 U.S.C. 631 et seq.) is amended by redesignating section 36 as section 38 and by inserting after section 35 the following new sections: ``SEC. 36. PROCUREMENT PROGRAM FOR CERTIFIED SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY QUALIFIED SERVICE-DISABLED VETERANS. ``(a) Sole Source Contracts.--In accordance with this section, a contracting officer may award a sole source contract to any certified small business concern owned and controlled by qualified service- disabled veterans if-- ``(1) such concern is determined to be a responsible contractor with respect to performance of such contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more certified small business concerns owned and controlled by qualified service-disabled veterans will submit offers for the contracting opportunity; ``(2) the anticipated award price of the contract (including options) will not exceed-- ``(A) $5,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or ``(B) $3,000,000, in the case of any other contract opportunity; and ``(3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price. ``(b) Restricted Competition.--In accordance with this section, a contracting officer may award contracts on the basis of competition restricted to certified small business concerns owned and controlled by qualified service-disabled veterans if the contracting officer has a reasonable expectation that not less than 2 certified small business concerns owned and controlled by qualified service-disabled veterans will submit offers and that the award can be made at a fair market price. ``(c) Enforcement; Penalties.--Rules similar to the rules of section 31(c) shall apply for purposes of this section. ``(d) Collection of Data Regarding Small Business Concerns Owned and Controlled by Service-Disabled Veterans.-- ``(1) Survey.--Not later than 2 years after the date of the enactment of this section and each 3 years thereafter, the Administrator, in consultation with the Secretary of Veterans Affairs, shall complete a survey of service-disabled veterans receiving benefits under title 38, United States Code, to determine the number, identity, and primary industry classification of small business concerns owned and controlled by service-disabled veterans. ``(2) Report to Congress.--The Administrator, in consultation with the Secretary of Veterans Affairs, shall report to Congress on the results of each survey conducted under paragraph (1). Such report shall include the total number of small business concerns owned and controlled by service- disabled veterans. ``(e) Contracting Officer.--For purposes of this section and section 37, the term `contracting officer' has the meaning given such term in section 27(f)(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(f)(5)). ``SEC. 37. PRIORITY OF SMALL BUSINESS PROCUREMENT PREFERENCES. ``(a) In General.--A contracting officer may not make a procurement from a source on the basis of a preference provided under any provision of this Act referred to in subsection (b) unless the contracting officer has determined that such procurement cannot be made on the basis of a preference provided under another provision of this Act with a higher priority under such subsection. ``(b) Order of Priority.--For purposes of this section, the following provisions of this Act are listed in order of priority from highest to lowest: ``(1) Section 8(a). ``(2) Section 36(b). ``(3) Section 36(a). ``(4) Section 31(b)(2)(B). ``(5) Section 31(b)(2)(A). ``(6) Section 8(m). ``(c) Priority of Certain Other Procurement Preferences.--A procurement may not be made from a source on the basis of a preference provided under any provision of this Act referred to in subsection (b) if the procurement would otherwise by made from a different source under section 4124 or 4125 of title 18, United States Code, or the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).''. (b) Certified Small Business Concern Owned and Controlled by Service-Disabled Veterans.--Subsection (q) of section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following new paragraph: ``(5) Certified small business concern owned and controlled by qualified service-disabled veterans.-- ``(A) Qualified service-disabled veteran.--The term `qualified service-disabled veteran' means any veteran who-- ``(i) has one or more disabilities that are service-connected (as defined in section 101(16) of title 38, United States Code) and rated at 10 percent or more by the Secretary of Veterans Affairs; or ``(ii) is entitled to benefits under section 1151 of title 38, United States Code. ``(B) Small business concern owned and controlled by qualified service-disabled veterans.--The term `small business concern owned and controlled by qualified service-disabled veterans' means a small business concern-- ``(i) not less than 51 percent of which is owned by one or more qualified service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more qualified service-disabled veterans; and ``(ii) the management and daily business operations of which are controlled by one or more qualified service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. ``(C) Certified small business concern owned and controlled by qualified service-disabled veterans.--The term `certified small business concern owned and controlled by qualified service-disabled veterans' means any small business concern owned and controlled by qualified service-disabled veterans that is certified by the Administrator as being such a concern.''. (c) Conforming Amendments.--Paragraph (2) of section 31(b) of the Small Business Act (15 U.S.C. 657a(b)) is amended-- (1) by striking ``Notwithstanding any other provision of law'' and inserting ``In accordance with this section''; (2) in subparagraph (B)-- (A) by striking ``a contract opportunity shall be awarded pursuant to this section'' and inserting ``a contracting officer may award contracts''; and (B) by striking ``; and'' at the end and inserting a period; and (3) by striking subparagraph (C). (d) Department of Veterans Affairs Pilot Program.-- (1) In general.--In the case of a contracting officer of the Department of Veterans Affairs, the provisions of the Small Business Act referred to in paragraphs (1), (2), and (3) of section 37(b) of such Act shall be treated as being equal in priority for purposes of applying section 37 of such Act. (2) Termination.--Paragraph (1) shall not apply with respect to procurements made after September 30, 2007. SEC. 4. AUTHORIZATION TO PROVIDE ADAPTED HOUSING ASSISTANCE TO CERTAIN DISABLED MEMBERS OF THE ARMED FORCES WHO REMAIN ON ACTIVE DUTY. Section 2101 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c)(1) The Secretary may provide assistance under subsection (a) to a member of the Armed Forces serving on active duty who is suffering from a disability described in paragraph (1), (2), or (3) of that subsection if such disability is the result of an injury incurred or disease contracted in or aggravated in line of duty in the active military, naval, or air service. Such assistance shall be provided to the same extent as assistance is provided under that subsection to veterans eligible for assistance under that subsection and subject to the requirements of the second sentence of that subsection. ``(2) The Secretary may provide assistance under subsection (b) to a member of the Armed Forces serving on active duty who is suffering from a disability described in subparagraph (A) or (B) of paragraph (1) of that subsection if such disability is the result of an injury incurred or disease contracted in or aggravated in line of duty in the active military, naval, or air service. Such assistance shall be provided to the same extent as assistance is provided under such subsection to veterans eligible for assistance under that subsection and subject to the requirements of paragraph (2) of that subsection.''. SEC. 5. REINSTATEMENT OF MINIMUM REQUIREMENTS FOR SALE OF VENDEE LOANS. (a) In General.--Section 3733(a) of title 38, United States Code, is amended-- (1) by striking paragraph (2) and redesignating paragraphs (3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5), respectively; and (2) in subparagraph (B)(i) of paragraph (3), as so redesignated, by striking ``paragraph (5) of this subsection'' and inserting ``paragraph (4)''. (b) Increase in Maximum Percentage.--Section 3733(a)(1) of such title is amended-- (1) by striking ``65 percent'' in the first sentence and inserting ``85 percent''; and (2) by striking the second sentence. (c) Stylistic Amendment.--Section 3733 of such title is amended by striking ``paragraph (1) of this subsection'' each place it appears and inserting ``paragraph (1)''. SEC. 6. PAYMENT OF ACCRUED BENEFITS. (a) Repeal of Limitation on Payment.--Subsection (a) of section 5121 of title 38, United States Code, is amended by striking ``for a period not to exceed two years'' in the matter preceding paragraph (1). (b) Effective Date.--The amendment made by subsection (a) shall take effect with respect to deaths occurring on or after the date of the enactment of this Act. Passed the House of Representatives June 24, 2003. Attest: JEFF TRANDAHL, Clerk.

Veterans Entrepreneurship and Benefits Improvement Act of 2003 - Authorizes a State agency to approve entrepreneurship (business education) courses for attendance by veterans using veterans' basic educational assistance provided through the Department of Veterans Affairs. Prohibits the Secretary of Veterans Affairs from treating a business owner as already qualified for such purposes. Includes entrepreneurship courses within authorized programs of veterans' education assistance. Amends the Small Business Act to authorize a Federal contracting officer to award a sole source contract to any certified small business (one owned and controlled by service-disabled (qualified) veterans) if: (1) the certified business is determined to be responsible with respect to the performance of the contract opportunity and the contracting officer does not expect two or more such businesses to submit offers for such contract; (2) the anticipated award price of the contract will not exceed a specified amount; and (3) the contract award can be made at a fair and reasonable price. Allows a contracting officer to restrict contract competition to such businesses if the officer can reasonably expect two or more such businesses to submit offers. Directs the Administrator of the Small Business Administration (SBA), at least every three years, to: (1) complete a survey of qualified veterans receiving such benefits; and (2) report survey results to Congress. Prohibits a contracting officer from making a procurement under this Act: (1) unless the officer has determined that such procurement cannot be made on the basis of a preference provided under another provision of the Small Business Act; or (2) if the procurement would otherwise be made from a different source under provisions of the Federal criminal code governing Government procurement of prisoner products or services or of the Javits-Wagner-O'Day Act. Outlines the appropriate order of priority, with the highest priority under small business start-up loans guaranteed by the SBA. Provides priority requirements with respect to a contracting officer of the Department of Veterans Affairs. Terminates that priority with respect to Department procurements after FY 2007. Authorizes the Secretary to provide adapted housing assistance to certain categories of disabled military personnel (having suffered loss of limbs, organs, partial blindness or deafness, etc.) serving on active duty if the disability is the result of an injury or disease contracted or aggravated during such duty.Increases from 65 to 85 the percentage of the number of purchases during a fiscal year of real property acquired by the Secretary as a result of default on guaranteed loans for the purchase or construction of homes for veterans that may be financed by a loan made by the Secretary.Requires the payment of all accrued monetary benefits (currently limited to two years' worth) of a deceased veteran's beneficiary to the veteran or any other surviving dependent.

To amend title 38, United States Code, to improve education and entrepreneurship benefits, housing benefits, and certain other benefits for veterans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Relief Tax Check-Off for Our Armed Forces Act of 2007''. SEC. 2. ABOVE-THE-LINE DEDUCTION FOR CERTAIN CONTRIBUTIONS TO THE ARMED FORCES RELIEF TRUST. Section 62(a) of the Internal Revenue Code of 1986 (defining adjusted gross income) is amended by inserting after paragraph (21) the following new paragraph: ``(22) Certain contributions to armed forces relief trust.--In the case of an individual, the deduction allowed by section 170 to the extent it does not exceed the lesser of-- ``(A) the amount contributed by the taxpayer pursuant to the designation procedure under section 6097, or ``(B) $1,000 ($2,000 in the case of a joint return).''. SEC. 3. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE ARMED FORCES RELIEF TRUST. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE ARMED FORCES RELIEF TRUST ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--In the case of an individual, with respect to each taxpayer's return for the taxable year of the tax imposed by chapter 1, such taxpayer may designate that-- ``(1) a specified portion (but not less than $1) of any overpayment of tax for such taxable year, and ``(2) any cash contribution which the taxpayer includes with such return, shall be contributed to the Armed Forces Relief Trust. ``(b) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year only at the time of filing the return of the tax imposed by chapter 1 for such taxable year. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed. ``(d) Explanation.--The Secretary shall include in the general instructions for filing returns by individuals of the tax imposed by chapter 1-- ``(1) a description of the deduction under section 62(a)(22) and the designation procedure under this section, ``(2) an explanation that charitable contributions to the Armed Forces Relief Trust that are not described in section 62(a)(22) are still allowable as a deduction to taxpayers who itemize deductions, and ``(3) a notice that the use of funds contributed to the Armed Forces Relief Trust under this section shall be determined by the Advisory Board established under subsection (e). ``(e) Advisory Board.-- ``(1) Appointment.-- ``(A) In general.--There is established an advisory board for the Armed Forces Relief Trust. The members of such board shall be appointed as follows: ``(i) One individual appointed by the Chairman of the Committee on Finance of the Senate. ``(ii) One individual appointed by the Chairman of the Committee on Armed Services of the Senate. ``(iii) One individual appointed by the Chairman of the Committee on Veterans' Affairs of the Senate. ``(iv) One individual appointed by the Chairman of the Committee on Appropriations of the Senate. ``(v) One individual appointed by the Chairman of the Joint Committee on Taxation. ``(vi) One individual appointed by the Chairman of the Committee on Armed Services of the House of Representatives. ``(vii) One individual appointed by the Chairman of the Committee on Veterans' Affairs of the House of Representatives. ``(viii) One individual appointed by the Chairman of the Committee on Appropriations of the House of Representatives. ``(ix) One individual appointed by the President from each of the following: the Army Emergency Relief Society, the Navy Marine Corps Relief Society, the Air Force Aid Society, and the Coast Guard Mutual Assistance Relief Society. ``(x) Two individuals appointed by the President from 2 veterans service organizations. ``(B) Term.--The term of each member of the advisory board shall be 3 years, except that any member whose term of office has expired shall continue to serve until such member's successor is appointed. No member shall serve more than 2 3-year terms. ``(C) Appointment of successors.--The appointment of any successor member shall be made in the same manner as the original appointment. If a member dies or resigns before the expiration of the member's term, a successor shall be appointed for the unexpired portion of the term in the same manner as the original appointment. ``(D) Prohibition.--No member of the advisory board may be an employee of the Federal Government. ``(2) Chairman; vice chairman.-- ``(A) Designation.--The President shall designate a chairman for the advisory board. The advisory board shall not later than its second meeting, by majority vote, designate a vice chairman, who shall perform the duties of the chairman in the absence of the chairman. ``(B) Duties of chairman.--The chairman shall call the meetings of the advisory board, propose meeting agendas, chair the meetings, and establish, with the approval of a majority of the members, the rules and procedures for such meetings. ``(3) Operations of board.--The advisory board shall meet semi-annually, for the purpose of providing ongoing advice to the Armed Forces Relief Trust regarding the distribution of contributed funds, policies governing said distribution, and the administrative costs and operations of the Armed Forces Relief Trust. A majority of the members shall constitute a quorum. Advisory board members shall serve without compensation. While performing duties as a member of the advisory board, each member shall be reimbursed under Federal Government travel regulations for travel expenses. Such reimbursements and any other reasonable expenses of the advisory board shall be provided by the budget of the Executive Office of the President. ``(4) Control over designated funds.--Amounts contributed to the Armed Forces Relief Trust pursuant to this section may be used by such Trust only as provided by the advisory board. ``(5) Audit.--The General Accountability Office shall audit the distribution and management of funds of the Armed Forces Relief Trust on an annual basis to ensure compliance with statutory and administrative directives. The Comptroller General of the United States shall report to the advisory board and Congress on the results of such audit. ``(6) Reports.--Within 60 days after its semi-annual meeting, the advisory board shall submit a written report to the President of its action, and of its views and recommendations. Any report other than the semi-annual report, shall, if approved by a majority of the members of the advisory board, be submitted to the President within 60 days after such approval.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX. Designation of Overpayments and Contributions for the Armed Forces Relief Trust.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 2006.

Emergency Relief Tax Check-Off for Our Armed Forces Act of 2007 - Amends the Internal Revenue Code to allow a tax deduction (available to taxpayers who do not itemize their tax deductions) for charitable contributions of up to $1,000 ($2,000 in the case of a joint return) to the Armed Forces Relief Trust. Allows taxpayers to designate on their tax returns a portion of any overpayment of tax as a contribution to the Trust or to make a cash contribution to the Trust with their tax returns. Establishes an advisory board to advise the Trust on its operation and on the distribution of contributed funds.

To amend the Internal Revenue Code of 1986 to allow individuals an above-the-line deduction for contributions made to the Armed Forces Relief Trust as part of filing their income tax returns.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Help Separated Families Act of 2013''. SEC. 2. IMMIGRATION STATUS ALONE NOT A DISQUALIFICATION FROM BEING A PLACEMENT FOR A FOSTER CHILD. Section 471(a)(19) of the Social Security Act (42 U.S.C. 671(a)(19)) is amended-- (1) by striking ``(19) provides that the State'' and inserting the following: ``(19) provides that-- ``(A) the State''; and (2) by adding after and below the end the following: ``(B) such standards shall ensure that the immigration status alone of a parent, legal guardian, or relative shall not disqualify the parent, legal guardian, or relative from being a placement for a child;''. SEC. 3. STATE PLAN REQUIREMENT TO ACCEPT CERTAIN DOCUMENTS ISSUED BY FOREIGN ENTITIES AS SUFFICIENT IDENTIFICATION FOR PURPOSES OF INITIATING A CRIMINAL RECORDS CHECK OR A FINGERPRINT-BASED CHECK. Section 471(a)(20) of the Social Security Act (42 U.S.C. 671(a)(20)) is amended-- (1) in subparagraph (A), by inserting ``which procedures shall require the State (including the State agency, the child welfare agency of any county or other political subdivision of the State, and caseworkers and supervisors of any such agency) to accept a foreign consulate identification card, a foreign passport, or such other foreign identification document as may be allowed in regulations prescribed by the Secretary, as sufficient identification for purposes of initiating a criminal records check or a fingerprint-based check,'' before ``including procedures''; and (2) in subparagraph (C), by inserting ``, which procedures shall require the State (including the State agency, the child welfare agency of any county or other political subdivision of the State, and caseworkers and supervisors of any such agency) to accept a foreign consulate identification card, a foreign passport, or such other foreign identification document as may be allowed in regulations prescribed by the Secretary, as sufficient identification for purposes of initiating a criminal records check or a fingerprint-based check'' before the semicolon. SEC. 4. STATE PLAN REQUIREMENT TO NOTIFY RELATIVES SEEKING PLACEMENT OF A CHILD THAT THEIR IMMIGRATION STATUS WILL NOT BE QUESTIONED. Section 471(a)(29) of the Social Security Act (42 U.S.C. 671(a)(29)) is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by adding ``and'' at the end of subparagraph (D); and (3) by adding at the end the following: ``(E) the immigration status of any such relative seeking placement of the child with the relative shall not be questioned, except to the extent necessary in determining eligibility for relevant services or programs;''. SEC. 5. AUTHORIZE STATE DISCRETION TO DELAY FILING FOR TERMINATION OF PARENTAL RIGHTS IN FOSTER CARE CASES IN WHICH OTHERWISE FIT AND WILLING PARENT OR RELATIVE HAS BEEN REMOVED OR IS INVOLVED IN AN IMMIGRATION PROCEEDING, UNLESS CERTAIN CONDITIONS HAVE BEEN MET. Section 475(5)(E) of the Social Security Act (42 U.S.C. 675(5)(E)) is amended by striking ``; or'' and inserting the following: ``and a compelling reason in section 475(5)(E) for the State to not file (or join in the filing of such a petition) shall include the removal of the parent from the United States or the involvement of the parent in (including detention pursuant to) an immigration proceeding, unless the parent is unfit or unwilling to be a parent of the child. Before a State may file to terminate the parental rights under such section 475(5)(E), the State (or the county or other political subdivision of the State, as the case may be) shall make reasonable efforts--'' ``(I) to identify, locate, and contact (including, if appropriate, through the diplomatic or consular offices of the country to which the parent was removed or a parent or relative resides) any parent of the child, who has been removed from the United States, and where possible, any potential adult relative of the child (as described in section 471(a)(29)); ``(II) to notify such a parent or relative of the intent of the State (or the county or other political subdivision of the State, as applicable) to file (or join in the filing of) such a petition; ``(III) to reunify the child with any such parent or relative; and ``(IV) provide and document appropriate services to the parent or relative; or''. SEC. 6. REQUIREMENT OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PROVIDE GUIDANCE ON BEST PRACTICES FOR ESTABLISHING MEMORANDUM OF UNDERSTANDING OR AGREEMENTS WITH FOREIGN CONSULATES IN JUVENILE COURT CASES INVOLVING IMMIGRANT CHILDREN OR CHILDREN OF IMMIGRANTS IN FOSTER CARE AND FOR OTHER PURPOSES. The Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, the Secretary of State, and immigration, international law, and child welfare experts, shall develop and disseminate to State, county, and local child welfare agencies best practice guidance that takes into account the best interest of the child, including a preference for family unity whenever appropriate, on the following: (1) Establishing memoranda of understanding or agreements with foreign consulates in juvenile and family court cases, including procedures for contacting a consulate and protections affording foreign nationals the right to refuse contact with, or the sharing of personal or identifying information with, the government of their country of origin. (2) Facilitating collection of children's necessary legal documents prior to reunification with a parent, legal guardian, or relative caregiver abroad, including but not limited to passports and apostilled birth certificates, health, and school records. (3) Locating and notifying a detained parent, legal guardian, or appropriate relative caregiver, and assisting in family reunification efforts prior to or after a parent's removal. (4) Aiding the safe transfer of a child to the parent's, legal guardian's, or relative caregiver's country of residence. (5) Communicating with relevant departments and service providers in a parent's, legal guardian's, or relative caregiver's country of origin to arrange necessary placement and reunification services, including but not limited to home studies, background checks, and collection of necessary legal documents. (6) Assisting a detained or deported parent, legal guardian, or relative caregiver in meeting child welfare case plan requirements, facilitating their participation in family court hearings, and arranging supervised visitations within the United States, abroad, and at border facilities when appropriate. SEC. 7. CHILD WELFARE SERVICES FOR CHILDREN SEPARATED FROM PARENTS DETAINED OR REMOVED FROM THE UNITED STATES FOR IMMIGRATION VIOLATIONS. (a) State Plan Requirements.--Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (1) by striking ``and'' at the end of paragraph (32); (2) by striking the period at the end of paragraph (33) and inserting ``; and''; and (3) by adding at the end the following: ``(34) provides that the State shall-- ``(A) ensure that the case manager for a separated child is capable of communicating in the native language of such child and of the family of such child, or an interpreter who is so capable is provided to communicate with such child and the family of such child at no cost to the child or the family of such child; ``(B) coordinate with the Department of Homeland Security to make every effort to ensure that parents who wish for their child to accompany them to their country of origin are given adequate time and assistance to obtain a passport and visa, and to collect all relevant vital documents such as birth certificate, health, and educational records, and other information; ``(C) preserve, to the greatest extent possible, the privacy and confidentiality of all information gathered in the course of administering the care, custody, and placement of, and follow-up services provided to, a separated child, consistent with the best interest of such child, by not disclosing such information to other government agencies or persons (other than a parent, legal guardian, or relative caregiver or such child), except that the head of the State agency (or the county or other political subdivision of the State, as applicable) may disclose such information, after placing a written record of the disclosure in the file of the child-- ``(i) to a consular official for the purpose of reunification of a child with a parent, legal guardian, or relative caregiver who has been removed or is involved in an immigration proceeding, unless the child has refused contact with, or the sharing of personal or identifying information with, the government of their country of origin; ``(ii) when authorized to do so by the child (if the child has attained 18 years of age) if the disclosure is consistent with the best interest of the child; or ``(iii) to a law enforcement agency if the disclosure would prevent imminent and serious harm to another individual; and ``(D) not less frequently than annually, compile, update, and publish a list of entities in the State that are qualified to provide legal representation services for a separated child, in a language such that a child can read and understand.''. (b) Additional Information To Be Included in Case Plan.--Section 475(1) of such Act (42 U.S.C. 675(1)) is amended by adding at the end the following: ``(H) In the case of a separated child with respect to whom the State plan requires the State to provide services pursuant to section 16 471(a)(34)-- ``(i) the location of the parent or legal guardian referred to in paragraph (9)(A) of this subsection from whom the child has been separated; and ``(ii) a written record of each disclosure to a government agency or person (other than such a parent or legal guardian) of information gathered in the course of tracking the care, custody, and placement of, and follow-up services provided to, the child.''. (c) Separated Child Defined.--Section 475 of such Act (42 U.S.C. 675) is amended by adding at the end the following: ``(9) The term `separated child' means an individual who-- ``(A) has a parent or legal guardian who has been detained by a Federal, State, or local law enforcement agency in the enforcement of an immigration law, or removed from the United States as a result of a violation of such a law; and ``(B) is in the care or supervision of a State.''. (d) Effective Date.--The amendments made by this section shall take effect on the first day of the first calendar quarter that begins after the 1-year period that begins with the date of the enactment of this Act. SEC. 8. EFFECTIVE DATE. (a) In General.--Except as otherwise provided in this Act, the amendments made by this Act shall take effect on the first day of the first fiscal year beginning on or after the date of the enactment of this Act, and shall apply to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date. (b) Delay Permitted if State Legislation Required.--If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan approved under part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the first day of the first calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

Help Separated Families Act of 2013 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to: (1) require state child protection standards to ensure that the immigration status alone of a parent, legal guardian, or relative shall not disqualify the parent, legal guardian, or relative from being a placement for a child; and (2) require the state procedures for criminal records checks to require the state to accept foreign identification documents as sufficient identification for purposes of initiating a criminal records check or a fingerprint-based check. Requires the state plan for foster care and adoption assistance to notify relatives seeking placement of a child that their immigration status will not be questioned, except to the extent necessary in determining eligibility for relevant services or programs. Includes as a compelling reason for a state not to file for termination of parental rights in foster care cases the removal of an otherwise fit and willing parent from the United States or the parent's involvement in an immigration proceeding (including detention). Requires a state (or local agency), before filing to terminate parental rights, to make reasonable efforts to notify any parent of the child who has been removed from the United States, and any adult relative of the child, including through the diplomatic or consular offices of the country to which the parent was removed, and to reunify the child with any such parent or relative. Directs the Secretary of Health and Human Services (HHS) to develop and disseminate to state, county, and local child welfare agencies best practice guidance on specified activities that takes into account the best interest of the child, including a preference for family unity whenever appropriate. Requires a state plan for foster care and adoption assistance to require the state to: (1) ensure that the case manager for a separated child is capable of communicating in the native language of the child and the family, or that an interpreter is provided at no cost; (2) coordinate with the Department of Homeland Security (DHS) to make every effort to ensure that parents who wish for their child to accompany them to their country of origin are given adequate time and assistance to obtain a passport, visa, and all relevant documents and other information; and (3) preserve the privacy and confidentiality of certain information in specified ways.

Help Separated Families Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recreational Shooting Protection Act''. SEC. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Bureau of Land Management. (2) Federal public land.--The term ``Federal public land'' means any Federal land that is-- (A) publicly accessible; (B) under the jurisdiction of and administered by the Bureau of Land Management; and (C) managed for purposes that include the conservation of natural resources. (3) Range technical advisor.--The term ``Range Technical Advisor'' means a person designated by the Director who has experience as a technical advisor for shooting range development, design, or operations. (4) Recreational shooting.--The term ``recreational shooting'' means any form of shooting sport or pastime, formal or informal, by whatever name known, including (but not limited to) target and practical rifle, pistol and shotgun shooting, archery, trap, skeet, and sporting clays. SEC. 3. RECREATIONAL SHOOTING. (a) In General.--Subject to valid existing rights, Federal public land shall be open to access and use for recreational shooting except as limited by the Director for one or more of the following: (1) Reasons of national security. (2) Reasons of public safety, based on the written recommendation of a Range Technical Advisor. (3) To comply with applicable Federal law. (4) To comply with a law (including regulations) of the State in which the Federal public land is located that is applicable to recreational shooting. (b) Management.--Consistent with subsection (a), the Director shall manage Federal public land-- (1) in a manner that supports, promotes, and enhances recreational shooting opportunities; (2) to the extent authorized under State law (including regulations); and (3) in accordance with applicable Federal law (including regulations). (c) No Net Loss.-- (1) In general.--Federal public land management decisions and actions shall, to the maximum extent practicable, result in no net loss of land area available for recreational shooting on Federal public land. If any Federal public land is permanently closed to recreational shooting, new acres of Federal public land of comparable size and a reasonable distance from the closed location shall be designated for recreational shooting and be opened for a number of user-days equal to those available at the closed area. (2) Annual report.--Not later than October 1 of each year, the Director shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (A) any Federal public land that was closed to recreational shooting at any time during the preceding year; (B) the reason for the closure; and (C) Federal public land that was opened to recreational hunting to compensate for the closure of the areas described in subparagraph (A). (3) Closures.--The withdrawal, change of classification, or change of management status that effectively permanently closes Federal public land to access or use for recreational shooting shall take effect only if, before the date of withdrawal or change, the Director submits to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the withdrawal or change, unless such closure is necessary immediately for reasons of public safety, as certified by the Range Technical Advisor, or national security. (d) No Priority.--Nothing in this Act requires the Director to give preference to recreational shooting over other uses of Federal public land or over land or water management priorities established by Federal law. (e) Authority of the States.-- (1) Savings.--Nothing in this Act affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under State law (including regulations) on land or water in the State, including Federal public land. (2) Federal licenses.--Nothing in this Act authorizes the Director to require a license for recreational shooting on land or water in a State, including on Federal public land in the State. (3) State right of action.-- (A) In general.--Any State aggrieved by the failure of the Director to comply with this Act may bring a civil action in the United States District Court for the district in which the failure occurs for a permanent injunction. (B) Preliminary injunction.--If the district court determines, based on the facts, that a preliminary injunction is appropriate, the district court may grant a preliminary injunction. (C) Court costs.--If the district court issues an injunction under this paragraph or otherwise finds in favor of the State, the district court shall award to the State any reasonable costs of bringing the civil action (including an attorney's fee).

Recreational Shooting Protection Act - Declares that, federal public land shall be open to access and use for recreational shooting, except as limited by the Director of the Bureau of Land Management (BLM) for one or more of the following: (1) reasons of national security; (2) reasons of public safety; (3) to comply with applicable federal law; or (4) to comply with a law (including regulations) of the state in which the land is located that is applicable to recreational shooting. Requires management of federal public land in a manner that supports, promotes, and enhances recreational shooting opportunities. Provides that, federal public land management decisions and actions, shall to the maximum extent practicable, result in no net loss of land area available for recreational shooting on federal public land. Requires that, if any federal public land is permanently closed to recreational shooting, new acres of federal public land of comparable size and a reasonable distance from the closed location be designated for recreational shooting and be opened for the number of user-days equal to those available at the closed area. Requires the Director to submit annual reports describing: (1) any federal public land that was closed to recreational shooting; (2) the reason for the closure; and (3) federal public land that was opened to recreational hunting so as to compensate for the closure of such land. Permits states a right of action for failure of the Director to comply with this Act.

To provide opportunities for continued recreational shooting on certain Federal public land.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Opal Creek Forest Preserve Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) Old-growth forests are unique ecosystems that serve as critical wildlife habitat for hundreds of vertebrate and invertebrate animals, plants, and fungi. (2) Old-growth forests provide clean and plentiful water and support streams and rivers where wild runs of anadromous and resident cold water fish are wholly dependent on high quantity and quality water for migration, spawning, rearing, and cover that can only be maintained by protecting the watersheds of these steams and rivers. (3) Old-growth forests provide unique and outstanding opportunities for educational study, scientific research, and recreation. (4) The establishment of a forest preserve to protect areas of old-growth forests can contribute significantly to the quality of life for the residents of the State of Oregon through recreation, education, and a protected water supply. (5) The area containing what is known as the Opal Creek forest is one of the largest remaining intact low-elevation old-growth forest ecosystems in the Western Oregon Cascades with trees up to 1,000 years of age. (6) The Opal Creek forest area contains outstanding geological and botanical features and is significant to the aboriginal and early mining history of Oregon. (7) The Opal Creek forest area provides recreational opportunities for over 12,000 visitors annually and such recreational use is increasing at a rate of over 50 percent a year. (8) The Opal Creek forest area, which includes 4 lakes, 45 miles of free-flowing streams, and over 50 waterfalls, continues to be threatened by additional logging, an activity which will cause irreparable harm to the outstanding ecological, scientific, educational, and recreational values of the area. (9) Preservation of the Opal Creek forest area provides outstanding opportunities for scientists to conduct nondestructive old-growth forest research and for educators to provide scientifically credible information to the public. SEC. 3. OPAL CREEK FOREST PRESERVE. (a) Establishment of Preserve.--There is hereby established the Opal Creek Forest Preserve (in this Act referred to as the ``Preserve'') for the purpose developing and maintaining the research, educational, and recreational values of the Preserve. (b) Description of Preserve.--The Preserve shall consist of those Federal lands located in the Detroit Ranger District of the Willamette National Forest in the State of Oregon that are generally depicted on the map dated June 18, 1992, and entitled the ``Opal Creek Preserve Area''. The Preserve shall also include such additions to the Preserve as may be added under section 5. SEC. 4. MANAGEMENT OF THE PRESERVE. (a) Development of Cooperative Management Plan.--The Secretary of Agriculture shall develop, in consultation with the nonprofit organization known as the Friends of Opal Creek (or its successors in interest), a cooperative management plan for the Preserve to address suitable research, recreational, and educational uses for each drainage and subdrainage within the Preserve. Development of the management plan shall be consistent with the standards and guidelines specified in subsections (b) and (c). (b) Standards.--The standards by which the Secretary of Agriculture shall manage the Preserve are as follows: (1) Timber harvesting.--The Secretary shall prohibit timber harvesting in the Preserve, except to the extent such harvesting is determined by the Secretary to be necessary for the subsistence use of dead and downed timber for firewood and other purposes in research and educational facilities located within the Preserve or is conducted pursuant to a special use permit issued by the Secretary. The Secretary shall immediately terminate further planning regarding the Cedar and Elkhorn Creek timber sales. (2) Nonmotorized recreation.--The Secretary shall permit nonmotorized recreation in the area that does not conflict with or adversely affect the old-growth forest ecosystem or research or educational activities conducted in the Preserve. (3) Road construction.--Except to the extent authorized pursuant to paragraph (5), the Secretary shall prohibit the construction of new roads in the area. (4) Special use permits.--Special use permits regarding the Preserve in existence on the date of the enactment of this Act shall continue pursuant to the terms of the permits, except that the Secretary-- (A) shall convert the applicable parts of the plan of operation of the Shiny Rock Mining Company to special use permits for use by the Friends of Opal Creek (or its successors in interest); (B) may issue special use permits after such date to the Friends of Opal Creek (or its successors in interest) for activities consistent with the management plan developed under subsection (a); and (C) may issue special use permits after such date in connection with exploration, mining, and mining- related activities in the Bornite Project Area, as depicted on the map described in section 3(a). (5) Roads, structures, and utilities.--Roads, structures, and utilities (including power lines, telephone lines, and water lines) shall be allowed inside the Preserve to serve activities conducted on land outside the Preserve pursuant to special use permits issued before the date of the enactment of this Act or pursuant to the exceptions contained in paragraph (4). (c) Guidelines.--The guidelines by which the Secretary shall manage the Preserve are as follows: (1) Research.--The Secretary shall promote nondestructive research in the Preserve regarding old-growth forests. (2) Education.--The Secretary shall conduct educational programs in the Preserve for the public regarding old-growth forests. (3) Preservation of historic assets.--The Secretary shall preserve historic assets in the Preserve. (d) Withdrawal.--Subject to valid existing rights, Federal lands in the Preserve are withdrawn from disposition under the public land laws and from location, entry, and patent under the mining laws of the United States, from the operation of the mineral leasing laws of the United States, and from operation of the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.). The withdrawal provided by this subsection shall also apply to any Federal lands added to the Preserve after the date of the enactment of this Act, including lands in the Bornite Project Area added to the Preserve pursuant to section 5(e), except that the withdrawal shall apply to such lands only after they have been added to the Preserve. (e) Support for Private Inholdings.--The Secretary may support the management by a nonprofit organization of a private inholding in the special management area that is held by the organization if the organization agrees to manage the inholding in compliance with the standards and guidelines specified in this section. SEC. 5. ACCESS TO AND ACQUISITION OF NON-FEDERAL LAND. (a) Inventory of Non-Federal Lands.--The Secretary of Agriculture shall conduct an inventory of non-Federal lands and interests in lands, including severed mineral estates, situated within the Preserve. (b) Land Consolidation Program.--Using the inventory required by subsection (a), the Secretary of Agriculture shall pursue a land consolidation program to acquire (through purchase or the exchange of Federal lands or interests in lands under the jurisdiction of the Secretary) lands and interests in lands identified in the inventory that would be suitable for inclusion in the Preserve. In pursuing such land consolidation program, the Secretary may not acquire lands or interests in lands by condemnation proceedings for inclusion in the Preserve. (c) Purchase of Certain Parcels Required.--The Secretary shall endeavor to purchase at fair market value (and not by condemnation proceedings) the following parcels of real property for inclusion in the Preserve: (1) 60 acres on Stoney Ridge owned by the Friends of Opal Creek (or its sucessors in interest) (Mineral Survey Number 887 Black Prince, Princess, and King #4 patented mining claims). (2) 80 acres in Gold Creek owned by the Times Mirror Corporation (Mineral Survey Number 905 Eureka #6, #7, #8, and #13 patented mining claims). (d) Report on Additional Acquisition.--The Secretary shall submit an annual report on the status of the land consolidation program required by subsection (b) to the Committee on Agriculture and the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate. As part of the first such report, the Secretary shall evaluate the practicality of acquiring for the Preserve 640 acres in the Cedar Creek area owned by the Rosboro Lumber Company. (e) Addition of Bornite Project Area.-- (1) Addition under certain circumstances.--Lands that are located within the Bornite Project Area and excluded from the Preserve as depicted on the map described in section 3(b) shall be added to the Preserve upon the occurrence of either of the following events: (A) The determination by the Director of the Bureau of Land Management, including the conclusion of all appeals, if any, resulting from the determination, that the mining claims on the lands are no longer valid. (B) The completion of all exploration, mining, and reclamation activities, including the release of all reclamation bonds, on the mining claims on the lands. (2) Mining claims.--Mining claims on lands located in the Bornite Project Area may be patented in accordance with applicable Federal law for mining purposes only. Upon the cessation of exploration, mining, and reclamation activities on the lands as provided in paragraph (1)(B), the patented lands shall be reconveyed to the Federal Government or, at the option of the patentee, be conveyed to the Friends of Opal Creek (or its successors in interest). (f) Access to Inholdings.--The use of access roads to inholdings within the Preserve that are in use as of the date of the enactment of this Act shall be allowed to continue. These access roads may be maintained in substantially the same condition as the roads were in on such date, but shall not be enhanced or subject to materially intensified use except to serve the Bornite Project Area in accordance with special use permits issued under section 4(b)(4)(C). SEC. 6. GRANDFATHER CLAUSE. Nothing in this Act shall affect the operation of any timber sale contract entered into, or interfere with any activity for which a special use permit has been issued (and not revoked), before the date of the enactment of this Act, subject to the terms of the contract or permit. In addition, nothing in this Act shall interfere with any activity for which a special use permit is issued under section 4(b)(4) pursuant to an environmental assessment or final environmental impact statement and record of decision issued before such date.

Opal Creek Forest Preserve Act of 1993 - Establishes the Opal Creek Forest Preserve, consisting of specified Federal lands in the Detroit Ranger District of the Willamette National Forest, Oregon. Directs the Secretary of Agriculture to develop a cooperative management plan for the Preserve to address suitable research, recreational, and educational uses for each drainage and subdrainage within the Preserve, consistent with specified standards (for timber harvesting, nonmotorized recreation, road construction, special use permits, and roads, structures, and utilities) and guidelines (for research, education, and preservation of historic assets). Sets forth provisions regarding: (1) withdrawal of lands from disposition under the public land, mining, and mineral leasing laws and from operation of the Geothermal Steam Act of 1970; and (2) management of private inholdings. Directs the Secretary of Agriculture to conduct an inventory of non-Federal lands and interests in the Preserve and acquire those that would be suitable for inclusion in it. Sets forth provisions regarding: (1) the addition of lands within the Bornite Project Area to the Preserve; and (2) the use of access roads to inholdings within the Preserve.

Opal Creek Forest Preserve Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Curb Opioid Misuse By Advancing Technology Act of 2016''. SEC. 2. EXTENDED EXCLUSIVITY FOR CERTAIN DRUG PRODUCTS TO PROTECT THE PUBLIC HEALTH. (a) New Drug Applications.--Section 505(c)(3)(E) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)(3)(E)) is amended by adding at the end the following: ``(vi) With respect to an application described in clause (iii) or a supplement to an application described in clause (iv), if such application or supplement is approved on or after the date of enactment of the Curb Opioid Misuse By Advancing Technology Act of 2016, the 3-year period specified in each such clause shall be extended for an additional period of 12 months if the person submitting such application or supplement provides documentation to the Secretary demonstrating that the drug that is the subject of the application or supplement-- ``(I) is approved, in whole or in part, on the basis of one or more new clinical abuse potential studies; and ``(II) is approved with labeling that characterizes the abuse-deterrent properties of the drug product.''. (b) Abbreviated New Drug Applications.--Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)) is amended-- (1) in subparagraph (B), by adding at the end the following: ``(v) With respect to an abbreviated application described in clause (iv), if such application is approved on or after the date of enactment of the Curb Opioid Misuse By Advancing Technology Act of 2016, the 180-day period specified in such clause shall be extended for an additional period of 60 days if the first applicant submitting the abbreviated application provides documentation to the Secretary demonstrating that the listed drug referred to paragraph (2)(A)(i) and referenced in the abbreviated application-- ``(I) is approved, in whole or in part, on the basis of one or more new clinical abuse potential studies; and ``(II) is approved with labeling that characterizes the abuse-deterrent properties of the drug product.''; and (2) in subparagraph (F), by adding at the end the following: ``(vi) With respect to an application described in clause (iii) or a supplement to an application described in clause (iv), if such application or supplement is approved on or after the date of enactment of the Curb Opioid Misuse By Advancing Technology Act of 2016, the 3-year period specified in each such clause shall be extended for an additional period of 12 months if the person submitting such application or supplement provides documentation to the Secretary demonstrating that the drug that is the subject of the application or supplement-- ``(I) is approved, in whole or in part, on the basis of one or more new clinical abuse potential studies; and ``(II) is approved with labeling that characterizes the abuse-deterrent properties of that drug product.''. (c) Regulations.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this section as ``the Secretary'') shall adopt final regulations, which shall have been promulgated in accordance with section 553 of title 5, United States Code, to carry out the amendments made by this section. (2) Restrictions.--Notwithstanding any other provision of law, the Secretary shall promulgate regulations implementing this section only as described in paragraph (1), except that the Secretary may issue interim guidance for persons claiming eligibility for the extension provided by clause (vi) of subsection (c)(3)(E) or (j)(5)(F) of section 505 of the Federal Food, Drug, and Cosmetic Act (as added by subsections (a) and (b)) prior to the promulgation of such regulations. (3) Exclusivity prior to regulations.--The Secretary shall award the extensions provided by clause (vi) of subsection (c)(3)(E) or (j)(5)(F) and by clause (v) of subsection (j)(5)(B) of section 505 of the Federal Food, Drug, and Cosmetic Act (as added by subsections (a) and (b)) prior to the promulgation of regulations under this subsection, if an application, supplement, or abbreviated application meets the requirements for the applicable extension. (d) Definitions.-- (1) The term ``new clinical investigations'' in subsections (c)(3)(E)(iii), (c)(3)(E)(iv), (j)(5)(F)(iii), and (j)(5)(F)(iv) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) shall include new clinical abuse potential studies intended to assess the impact of potentially abuse-deterrent properties of drug products in human subjects. (2) The terms ``conditions of approval'' and ``change approved in the supplement'' in subsections (c)(3)(E)(iii) and (c)(3)(E)(iv) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) shall include any abuse-deterrent properties of a drug product subject to the extension provided by subsection (c)(3)(E)(vi) of such section 505 (as added by subsection (a)), such that the Secretary may not make the approval of an application submitted under subsection (b)(2) of such section 505 effective before the expiration of 4 years from the date of the approval of the application or supplement under subsection (b) of such section 505, including the extension under subsection (c)(3)(E)(vi) of such section 505, unless the application submitted under subsection (b)(2) of such section 505-- (A) is approved, in whole or in part, on the basis of one or more new clinical abuse potential studies; and (B) is approved with labeling that characterizes the abuse-deterrent properties of the drug product. (3) The terms ``conditions of approval'' and ``change approved in the supplement'' in subsections (j)(5)(F)(iii) and (j)(5)(F)(iv) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) shall include any abuse-deterrent properties of a drug product subject to the extension provided by subsection (j)(5)(F)(vi) of such section 505 (as added by subsection (b)), such that the Secretary may not make the approval of an abbreviated application for a drug product submitted under subsection (j) of such section 505 effective before the expiration of 4 years from the date of the approval of the application or supplement under subsection (b) of such section 505, including the extension under subsection (j)(5)(F)(vi) of such section 505. (e) Relation to Other Exclusivity Periods.--Any extension under clause (vi) in subsection (c)(3)(E) or (j)(5)(F) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) (as added by subsections (a) and (b)) shall be in addition to any extensions under section 505A or 505E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a; 21 U.S.C. 355f) with respect to the drug.

Curb Opioid Misuse By Advancing Technology Act of 2016 This bill amends the Federal Food, Drug, and Cosmetic Act to extend the marketing exclusivity period for certain brand name drugs that the Food and Drug Administration approves: (1) on the basis of new clinical abuse potential studies, and (2) with labeling that characterizes the drug's abuse-deterrent properties. This extension does not apply to the marketing exclusivity period for new chemical entities. The bill also extends the marketing exclusivity period for generics of these drugs.

Curb Opioid Misuse By Advancing Technology Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Falls Preservation and Redevelopment Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Great Falls Historic District in the State of New Jersey is an area of historical significance as an early site of planned industrial development, and has remained largely intact, including architecturally significant structures; (2) the Great Falls Historic District is listed on the National Register of Historic Places and has been designated a National Historic Landmark; (3) the Great Falls Historic District is situated within a one-half hour's drive from New York City and a 2 hour's drive from Philadelphia, Hartford, New Haven, and Wilmington; (4) the District was developed by the Society of Useful Manufactures, an organization whose leaders included a number of historically renowned individuals, including Alexander Hamilton; and (5) the Great Falls Historic District has been the subject of a number of studies that have shown that the District possesses a combination of historic significance and natural beauty worthy of and uniquely situated for preservation and redevelopment. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to preserve and interpret, for the educational and inspirational benefit of the public, the contribution to our national heritage of certain historic and cultural lands and edifices of the Great Falls Historic District, with emphasis on harnessing this unique urban environment for its educational and recreational value; and (2) to enhance economic and cultural redevelopment within the District. SEC. 4. DEFINITIONS. In this Act: (1) District.--The term ``District'' means the Great Falls Historic District established by section 5. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. GREAT FALLS HISTORIC DISTRICT. (a) Establishment.--There is established the Great Falls Historic District in the city of Paterson, in Passaic County, New Jersey. (b) Boundaries.--The boundaries of the District shall be the boundaries specified for the Great Falls Historic District listed on the National Register of Historic Places. SEC. 6. DEVELOPMENT PLAN. (a) Grants and Cooperative Agreements.--The Secretary may make grants and enter into cooperative agreements with the State of New Jersey, local governments, and private nonprofit entities under which the Secretary agrees to pay not more than 50 percent of the costs of-- (1) preparation of a plan for the development of historic, architectural, natural, cultural, and interpretive resources within the District; and (2) implementation of projects approved by the Secretary under the development plan. (b) Contents of Plan.--The development plan shall include-- (1) an evaluation of-- (A) the physical condition of historic and architectural resources; and (B) the environmental and flood hazard conditions within the District; and (2) recommendations for-- (A) rehabilitating, reconstructing, and adaptively reusing the historic and architectural resources; (B) preserving viewsheds, focal points, and streetscapes; (C) establishing gateways to the District; (D) establishing and maintaining parks and public spaces; (E) developing public parking areas; (F) improving pedestrian and vehicular circulation within the District; (G) improving security within the District, with an emphasis on preserving historically significant structures from arson; and (H) establishing a visitors' center. SEC. 7. RESTORATION, PRESERVATION, AND INTERPRETATION OF PROPERTIES. (a) Cooperative Agreements.--The Secretary may enter into cooperative agreements with the owners of properties within the District that the Secretary determines to be of historical or cultural significance, under which the Secretary may-- (1) pay not more than 50 percent of the cost of restoring and improving the properties; (2) provide technical assistance with respect to the preservation and interpretation of the properties; and (3) mark and provide interpretation of the properties. (b) Provisions.--A cooperative agreement under subsection (a) shall provide that-- (1) the Secretary shall have the right of access at reasonable times to public portions of the property for interpretive and other purposes; (2) no change or alteration may be made in the property except with the agreement of the property owner, the Secretary, and any Federal agency that may have regulatory jurisdiction over the property; and (3) if at any time the property is converted, used, or disposed of in a manner that is contrary to the purposes of this Act, as determined by the Secretary, the property owner shall be liable to the Secretary for the greater of-- (A) the amount of assistance provided by the Secretary for the property; or (B) the portion of the increased value of the property that is attributable to that assistance, determined as of the date of the conversion, use, or disposal. (c) Applications.-- (1) In general.--A property owner that desires to enter into a cooperative agreement under subsection (a) shall submit to the Secretary an application describing how the project proposed to be funded will further the purposes of the District. (2) Consideration.--In making such funds available under this section, the Secretary shall give consideration to projects that provide a greater leverage of Federal funds. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out this Act-- (1) $250,000 for grants and cooperative agreements for the development plan under section 6; and (2) $50,000 for the provision of technical assistance and $3,000,000 for the provision of other assistance under cooperative agreements under section 7.

Great Falls Preservation and Redevelopment Act - Establishes the Great Falls Historic District in Paterson, New Jersey. Authorizes the Secretary of the Interior to make grants and enter into cooperative agreements with the State of New Jersey, local governments, and private nonprofit entities under which the Secretary agrees to pay up to 50 percent of the costs of: (1) preparation of a plan for the development of historic, architectural, natural, cultural, and interpretive resources within the District; and (2) implementation of projects approved under the plan. Permits the Secretary to enter into cooperative agreements with the owners of property within the District that the Secretary determines are of historical or cultural significance under which the Secretary may: (1) pay up to 50 percent of the costs of restoring and improving the properties; (2) provide technical assistance with respect to the preservation and interpretation of the properties; and (3) mark and provide interpretation of the properties. Lists additional conditions for such agreements. Requires the Secretary, in making funds available for such purposes, to give consideration to projects that provide a greater leverage of Federal funds. Authorizes appropriations.

Great Falls Preservation and Redevelopment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``King Cove Health and Safety Act of 1997''. SEC. 2. LAND EXCHANGE. (a) In General.--If, not later than 6 months after the date of the enactment of this Act, the King Cove Corporation transfers to the United States all right, title, and interest of the Corporation in and to the land described in subsection (b), and any improvements thereon, the Secretary of the Interior shall, not later than 30 days after such transfer, grant the Aleutians East Borough a perpetual right-of-way of 100 feet in width through the lands described in section 3(b), for the construction, operation, and maintenance of certain utility-related fixtures and of a public road between the city of Cold Bay, Alaska, and the city of King Cove, Alaska. (b) Land Description.--The Corporation land referred to in subsection (a) is the land owned by the Corporation in sections 5, 6, and 7 of T 57 S, R 88 W, Seward Meridian, Alaska. (c) Management of Exchanged Corporation Lands.--Upon transfer to the United States of the Corporation land referred to in subsection (a), such lands shall be managed in accordance with section 1302(i) of the Alaska National Interest Lands Conservation Act. SEC. 3. RIGHT-OF-WAY. (a) Scope.--Unless otherwise agreed to by the Secretary and the Aleutians East Borough, the right-of-way granted under section 2 shall-- (1) include sufficient lands for logistical staging areas and construction material sites used for the construction and maintenance of a public road on the right-of-way; (2) meet all requirements for a public highway right-of-way under the laws of the State of Alaska; and (3) include the right for the Aleutians East Borough, or its assignees, to construct, operate, and maintain electrical, telephone, or other utility facilities and structures within the right-of-way. (b) Location.--Unless otherwise agreed to by the Secretary and the Aleutians East Borough, the right-of-way granted under section 2 shall be located within-- (1) sections 2, 3, 10, and 11 of T 59 S, R 86 W, Seward Meridian, Alaska; (2) sections 27, 28, 29, 30, 31, 32, 33, 34, and 35 of T 59 S, R 86 W, Seward Meridian, Alaska; (3) sections 3, 4, 9, 10, 13, 14, 15, 16, 23, 24, 25, 26, and 36 of T 58 S, R 87 W, Seward Meridian, Alaska; (4) sections 5, 6, 7, 8, 9, 16, 17, 20, 21, 27, 28, 29, 32, 33, and 34 of T 57 S, R 87 W, Seward Meridian, Alaska; (5) sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 35, and 36 of T 56 S, R 87 W, Seward Meridian, Alaska; (6) sections 23, 24, 25, 26, 27, 34, 35, and 36 of T 56 S, R 88 W, Seward Meridian, Alaska; (7) section 6 of T 57 S, R 88 W, Seward Meridian, Alaska; and (8) sections 1, 2, 11, and 12 of T 57 S, R 89 W, Seward Meridian, Alaska. (c) Center Line.--The center line of the right-of-way referred to in subsection (b) shall be determined by mutual agreement between the Secretary and the Aleutians East Borough. SEC. 4. MISCELLANEOUS PROVISIONS. (a) Definitions.--As used in this Act: (1) The term ``Secretary'' means the Secretary of the Interior. (2) The term ``Corporation'' means the King Cove Corporation. (b) Protection of Resources.--The Secretary and the Aleutians East Borough-- (1) shall, prior to any improvement to the right-of-way, jointly develop and agree to reasonable terms and conditions for the use of the right-of-way, including the construction, operation, and maintenance of the public road and utility- related fixtures, which will protect the Federal lands, interest in lands, and resources beneath and adjacent to the right-of-way without imposing undue costs on either party; and (2) may make mutually agreed upon modifications to an agreement reached pursuant to paragraph (1). (c) Provisions Not Applicable.--The following provisions of law shall not be applicable to any right-of-way granted pursuant to this Act or to any road constructed on such right-of-way: (1) Section 22(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(g)). (2) Title XI of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3161 et seq.), except for the procedures set forth in section 1104 of that title (16 U.S.C. 3164). (3) Section 303(c) of title 49, United States Code. (d) Administration.--The Secretary is authorized to implement and administer the rights and obligations of the Federal Government under any agreement reached pursuant to subsection (b). (e) Savings Provisions.--Implementation of any agreement reached pursuant to subsection (b) shall not be deemed to be a major Federal action significantly affecting the quality of the human environment, nor shall such implementation require further consideration pursuant to the National Historic Preservation Act (16 U.S.C. 470 et seq.), title VIII of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3118 et seq.), or any other law.

King Cove Health and Safety Act of 1997 - Directs the Secretary of the Interior to grant the Aleutians East Borough a perpetual right-of- way of 100 feet in width through specified land in Seward Meridian, Alaska, for the construction, operation, and maintenance of certain utility-related fixtures and of a public road between the cities of Cold Bay and King Cove, Alaska, if the King Cove Corporation transfers specified lands to the United States within six months after enactment of this Act. Requires the lands transferred to the United States to be managed in accordance with the Alaska National Lands Conservation Act. Deems such transferred land interests to be of equal value. Directs the Secretary of the Interior and the Aleutians East Borough to jointly develop and agree to reasonable terms and conditions for the use of such right of way which will protect the Federal lands, interest in lands, and resources beneath and adjacent to the right-of-way without imposing undue costs on either party.

King Cove Health and Safety Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Yellowstone Protection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The January 22, 2001, rule phasing out snowmobile use in Yellowstone National Park, Grand Teton National Park, and the John D. Rockefeller, Jr. Memorial Parkway was made by professionals in the National Park Service who based their decision on law, 10 years of scientific study, and extensive public process. (2) An environmental impact statement that formed the basis for the rule concluded that snowmobile use is impairing or adversely impacting air quality, natural soundscapes, wildlife, public and employee health and safety, and visitor enjoyment. According to the Environmental Protection Agency, the environmental impact statement had ``among the most thorough and substantial science base that we have seen supporting a NEPA document''. (3) The National Park Service concluded that snowmobile use is violating the mission given to the agency by Congress--to manage the parks ``in such manner and by such means as will leave them unimpaired for the enjoyment of future generations''. The National Park Service also found that snowmobile use is ``inconsistent with the requirements of the Clean Air Act, Executive Orders 11644 and 11989 [by Presidents Nixon and Carter, relating to off-road vehicle use on public lands], the NPS's general snowmobile regulations and NPS management objectives for the parks''. (4) In order to maintain winter visitor access, the Park Service outlined a plan to use the already existing mode of winter transportation known as snowcoaches, which are mass transit, oversnow vehicles similar to vans. The final rule states that a snowcoach transit system ``would reduce adverse impacts on park resources and values, better provide for public safety, and provide for public enjoyment of the park in winter''. (5) The National Park Service Air Resources Division determined that despite being outnumbered by automobiles 16 to 1 during the course of a year, snowmobiles produce up to 68 percent of Yellowstone's carbon monoxide pollution and up to 90 percent of the park's annual hydrocarbon emissions. (6) Noise from snowmobiles routinely disrupts natural sounds and natural quiet at popular Yellowstone attractions. A February 2000 ``percent time audible'' study found snowmobile noise present more than 90 percent of the time at 8 of 13 sites. (7) In Yellowstone's severe winter climate, snowmobile traffic regularly disturbs and harasses wildlife. In October 2001, 18 eminent scientists warned the Secretary of the Interior that ``ignoring this information would not be consistent with the original vision intended to keep our national parks unimpaired for future generations. National Park Service regulations allow snowmobile use only when that use will not disturb wildlife . . .'' (36 CFR 2.18(c)). (8) At Yellowstone's west entrance, park rangers and fee collectors suffer from symptoms of carbon monoxide poisoning due to snowmobile exhaust. According to National Park Service records, in December 2000, a dozen park employees filed medical complaints citing sore throats, headaches, lethargy, eye irritation, and tightness in the lungs. Their supervisor requested more staff at the west entrance, not because of a need for additional personnel to cover the work there, but so the supervisor could begin rotating employees more frequently out of the ``fume cloud'' for the sake of their health. In 2002, for the first time in national park history, rangers were issued respirators to wear while performing their duties. (9) The public opportunity to engage in the environmental impact study process was extensive and comprehensive. During the 3-year environmental impact study process and rulemaking, there were 4 opportunities for public consideration and comment. The Park Service held 22 public hearings in regional communities such as West Yellowstone, Cody, Jackson, and Idaho Falls, and across the Nation. The agency received over 70,000 individual comments. At each stage of the input process, support for phasing out snowmobiles grew, culminating in a 4- to-1 majority in favor of the rule in early 2001. More recently, 82 percent of those commenting wrote in favor of the National Park Service decision to phase out snowmobile use in the parks. SEC. 3. FINAL RULE CODIFIED. Beginning on the date of the enactment of this Act, the Secretary of the Interior shall implement the final rule to phase out snowmobile use in Yellowstone National Park, the John D. Rockefeller Jr. Memorial Parkway, and Grand Teton National Park, and snowplane use in Grand Teton National Park, as published in the Federal Register on January 22, 2001 (66 Fed. Reg. 7260-7268). The Secretary shall not have the authority to modify or supersede any provision of that final rule.

Yellowstone Protection Act - Directs the Secretary of the Interior to implement the final rule to phase out snowplane use in Grand Teton National Park and snowmobile use in Yellowstone National Park, the John. D. Rockefeller Jr. Memorial Parkway, and Grand Teton National Park. Prohibits the Secretary from modifying or superseding any provisions of that final rule.

To require the Secretary of the Interior to implement the final rule to phase out snowmobile use in Yellowstone National Park, John D. Rockefeller Jr. Memorial Parkway, and Grand Teton National Park, and snowplane use in Grand Teton National Park.

SECTION 1. PARTICIPATION OF TAIWAN IN THE WORLD HEALTH ORGANIZATION. (a) Findings.--Congress makes the following findings: (1) The World Health Organization (WHO) is a specialized agency of the United Nations, charged with coordinating health efforts within the United Nations system. The World Health Assembly (WHA) is the decision-making body of the WHO, which convenes annually in May to set the policies and priorities of the organization. Statehood is not a requirement for attendance at the WHA, and numerous observers, including non-members and non-governmental organizations, attended the most recent WHA in May 2017. (2) Taiwan began seeking to participate in the WHO as an observer in 1997. In 2009, with strong support from successive United States Administrations, Congress, and like-minded WHO Member States, and during a period of improved Cross-Strait relations, Taiwan received an invitation to attend the WHA as an observer under the name ``Chinese Taipei''. Taiwan received the same invitation each year until 2016, when following the election of President Tsai-Ing Wen of the Democratic Progressive Party, Taiwan's engagement in the international community began facing increased resistance from the People's Republic of China (PRC). Taiwan's invitation to the 2016 WHA was received late and included new language conditioning Taiwan's participation on the PRC's ``one China principle''. In 2017, Taiwan did not receive an invitation to the WHA. (3) Taiwan remains a model contributor to world health, having provided financial and technical assistance to respond to numerous global health challenges. Taiwan has invested over $6 billion in international medical and humanitarian aid efforts impacting over 80 countries since 1996. In 2014, Taiwan responded to the Ebola crisis by donating $1 million and providing 100,000 sets of personal protective equipment. Through the Global Cooperation and Training Framework, the United States and Taiwan have jointly conducted training programs for experts to combat MERS, Dengue Fever, and Zika. These diseases know no borders, and Taiwan's needless exclusion from global health cooperation increases the dangers presented by global pandemics. (4) Taiwan's international engagement has faced increased resistance from the PRC. Taiwan was not invited to the 2016 Assembly of the International Civil Aviation Organization (ICAO), despite participating as a guest at the organization's prior summit in 2013. Taiwan's request to participate in the 2016 General Assembly of the International Criminal Police Organization (INTERPOL) was also rejected. In May 2017, PRC delegates disrupted a meeting of the Kimberley Process on conflict diamonds held in Perth, Australia, until delegates from Taiwan were asked to leave. In June 2017, the Republic of Panama granted diplomatic recognition to the PRC, terminating a longstanding diplomatic relationship with Taiwan. (5) Congress has established a policy of support for Taiwan's participation in international bodies that address shared transnational challenges, particularly in the WHO. Congress passed H.R. 1794 in the 106th Congress, H.R. 428 in the 107th Congress, and S. 2092 in the 108th Congress to direct the Secretary of State to establish a strategy for, and to report annually to Congress on, efforts to obtain observer status for Taiwan at the WHA. Congress also passed H.R. 1151 in the 113th Congress, directing the Secretary to report on a strategy to gain observer status for Taiwan at the ICAO Assembly, and H.R. 1853 in the 114th Congress, directing the Secretary to report on a strategy to gain observer status for Taiwan at the INTERPOL Assembly. However, in 2016 Taiwan did not receive invitations to attend any of these events as an observer. (b) Augmentation of Report Concerning the Participation of Taiwan in the World Health Organization.-- (1) In general.--Subsection (c) of section 1 of Public Law 108-235 (118 Stat. 656) is amended by adding at the end the following new paragraph: ``(3) An account of the changes and improvements the Secretary of State has made to the United States plan to endorse and obtain observer status for Taiwan at the World Health Assembly, following any annual meetings of the World Health Assembly at which Taiwan did not obtain observer status.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect and apply beginning with the first report required under subsection (c) of section 1 of Public Law 108-235 that is submitted after the date of the enactment of this Act. Passed the House of Representatives January 9, 2018. Attest: KAREN L. HAAS, Clerk.

(Sec. 1) This bill requires the annual reports submitted by the Department of State to Congress concerning the U.S. plan to endorse and obtain observer status for Taiwan at the annual summit of the World Health Assembly (WHA) held by the World Health Organization in Geneva, Switzerland, to include an account of the changes and improvements that the State Department has made to such plan following any annual meetings of the WHA at which Taiwan did not obtain such status.

To direct the Secretary of State to develop a strategy to regain observer status for Taiwan in the World Health Organization, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Finance Reform Act of 1995''. SEC. 2. ESTABLISHMENT AND PURPOSE OF COMMISSION. There is established a commission to be known as the ``Campaign Finance Reform Commission'' (hereinafter in this Act referred to as the ``Commission''). The purposes of the Commission are to study the laws relating to elections for Federal office and to recommend reforms in those laws. SEC. 3. MEMBERSHIP OF COMMISSION. (a) Appointment.--The Commission shall be composed of 13 members appointed from among individuals who are not officers or employees of any government and who are specially qualified to serve on the Commission by reason of education, training, or experience. Of the members of the Commission-- (1) 3 members shall be appointed by the majority leader of the House of Representatives, and one of those members shall be an independent; (2) 3 members shall be appointed by the majority leader of the Senate, and one of those members shall be an independent; (3) 3 members shall be appointed by the minority leader of the House of Representatives, and one of those members shall be an independent; (4) 3 members shall be appointed by the minority leader of the Senate, and one of those members shall be an independent; and (5) 1 member, who shall be designated as Chairman of the Commission, shall be jointly appointed by the President and the Speaker of the House of Representatives. (b) Independent Defined.--An independent member of the Commission shall not have registered in or declared officially his affiliation with a political party or voted in the primary election of a political party in the last 7 years, and shall never have held appointed or elected public or party office. (c) Terms.--The members of the Commission shall serve for the life of the Commission. (d) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Political Affiliation.--Not more than 4 members of the Commission may be of the same political party. SEC. 4. POWERS OF COMMISSION. (a) Hearings.--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) Quorum.--Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. Any member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this section. SEC. 5. REPORT AND RECOMMENDED LEGISLATION. Not later than 10 months after the date of the enactment of this Act, the Commission shall submit to the Congress a report of the activities of the Commission, together with a draft of legislation (including technical and conforming provisions) recommended by the Commission to reform the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) and any other laws relating to elections for Federal office. SEC. 6. MATTERS TO BE CONSIDERED BY THE COMMISSION. In formulating its draft of legislation under section 5, the Commission shall consider ways to-- (1) increase confidence in the Federal electoral system; (2) increase voter participation; (3) create a more equitable electoral system for challengers and incumbents; and (4) remove the negative and insidious aspects of campaign financing. SEC. 7. FAST-TRACK PROCEDURES. (a) Rules of House of Representatives and Senate.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (b) Definitions.--As used in this section, the term ``Federal election bill'' means only a bill of either House of Congress which is introduced as provided in subsection (c) to carry out the recommendations of the Commission as set forth in the draft of legislation referred to in section 5. (c) Introduction and Referral.--Within 3 days after the Commission submits its draft legislation under section 5, a Federal election bill shall be introduced (by request) in the House by the majority leader of the House or his designee and shall be introduced (by request) in the Senate by the majority leader of the Senate or his designee. Such bills shall be referred to the appropriate committees. (d) Amendments Prohibited.--No amendment to a Federal election bill shall be in order in either the House of Representatives or the Senate; and no motion to suspend the application of this subsection shall be in order in either House; nor shall it be in order in either House to entertain a request to suspend the application of this subsection by unanimous consent. (e) Period for Committee and Floor Consideration.-- (1) If the committee of either House to which a Federal election bill has been referred has not reported it at the close of the 20th day after its introduction, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. If prior to the passage by one House of a Federal election bill of that House, that House receives the same Federal election bill from the other House, then-- (A) the procedure in that House shall be the same as if no Federal election bill had been received from the other House; but (B) the vote on final passage shall be on the Federal election bill of the other House. (2) For purposes of paragraph (1), in computing a number of days in either House, there shall be excluded the days on which that House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die. (f) Floor Consideration in the House.-- (1) A motion in the House of Representatives to proceed to the consideration of a Federal election bill shall be highly privileged except that a motion to proceed to consider may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his intention to do so. The motion to proceed to consider is not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Consideration of a Federal election bill in the House of Representatives shall be in the House with debate limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the bill. The previous question on the Federal election bill shall be considered as ordered to final passage without intervening motion. It shall not be in order to move to reconsider the vote by which a Federal election bill is agreed to or disagreed to. (g) Floor Consideration in the Senate.-- (1) A motion in the Senate to proceed to the consideration of a Federal election bill shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate in the Senate on a Federal election bill, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (3) Debate in the Senate on any debatable motion or appeal in connection with a Federal election bill shall be limited to not more than one hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a Federal election bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. SEC. 8. TERMINATION. The Commission shall cease to exist 3 months after the date of the submission of its report under section 5.

Campaign Finance Reform Act of 1995 - Establishes the Campaign Finance Reform Commission to study and recommend Federal election law reforms. Terminates the Commission after a specified reporting date.

Campaign Finance Reform Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Cargo Security Improvement Act of 2018''. SEC. 2. ESTABLISHMENT OF AIR CARGO SECURITY DIVISION. (a) In General.--Subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 44947. Air cargo security division ``(a) Establishment.--Not later than 90 days after the date of the enactment of this section, the Administrator of the Transportation Security Administration shall establish an air cargo security division to carry out all policy and engagement with air cargo security stakeholders. ``(b) Leadership; Staffing.--The air cargo security division established pursuant to subsection (a) shall be headed by an individual in the executive service within the Transportation Security Administration and be staffed by not fewer than four full-time equivalents, including the head of the division. ``(c) Staffing.--The Administrator of the Transportation Security Administration shall staff the air cargo security division with existing Transportation Security Administration personnel.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 449 of title 49, United States Code, is amended by inserting after the item related to section 44946 the following new item: ``44947. Air cargo security division.''. SEC. 3. FEASIBILITY STUDY AND PILOT PROGRAM FOR EMERGING TECHNOLOGIES. (a) Study.--Not later than 120 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration, in coordination with the Under Secretary for Science and Technology of the Department of Homeland Security, shall submit to Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a feasibility study regarding expanding the use of computed tomography technology for the screening of air cargo transported on passenger aircraft operated by an air carrier or foreign air carrier in air transportation, interstate air transportation, or interstate air commerce. Such study shall consider the following: (1) Opportunities to leverage computed tomography systems used for screening passengers and baggage. (2) Costs and benefits of using computed tomography technology for screening air cargo. (3) An analysis of emerging computed tomography systems that may have potential to enhance the screening of air cargo, including systems that may address aperture challenges associated with screening certain categories of air cargo. (4) An analysis of emerging screening technologies, in addition to computed tomography, that may be used to enhance the screening of air cargo. (b) Pilot Program.--Not later than 120 days after submission of the feasibility study required under subsection (a), the Administrator of the Transportation Security Administration shall initiate a 2-year pilot program to achieve enhanced air cargo security screening outcomes through the use of new or emerging screening technologies, such as computed tomography technology, as identified through such study. (c) Updates.--Not later than 60 days after the initiation of the pilot program under subsection (b) and every 6 months thereafter for 2 years, the Administrator of the Transportation Security Administration shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the progress of implementation of such pilot program. (d) Definitions.--In this section: (1) Air carrier.--The term ``air carrier'' has the meaning given such term in section 40102 of title 49, United States Code. (2) Air transportation.--The term ``air transportation'' has the meaning given such term in section 40102 of title 49, United States Code. (3) Foreign air carrier.--The term ``foreign air carrier'' has the meaning given such term in section 40102 of title 49, United States Code. (4) Interstate air commerce.--The term ``interstate air commerce'' has the meaning given such term in section 40102 of title 49, United States Code. (5) Interstate air transportation.--The term ``interstate air transportation'' has the meaning given such term in section 40102 of title 49, United States Code. SEC. 4. AIR CARGO REGULATION REVIEW. (a) Review.--Not later than 150 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on actions to improve the Certified Cargo Screening Program as established by the Administrator in September 2009. The report shall-- (1) review the degree to which the Program is effective at fully addressing evolving threats to air cargo, particularly as air cargo volumes fluctuate; (2) review any vulnerabilities in the Program and effectiveness of information sharing with air cargo security stakeholders; and (3) include information on actions to be taken to address findings in paragraphs (1) and (2), including information on plans to issue new rulemaking, if necessary. SEC. 5. COMPTROLLER GENERAL REVIEW. (a) In General.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall-- (1) review the Department of Homeland Security's analysis and intelligence pre-screening processes and procedures for air cargo entering the United States; (2) review the pilot program conducted pursuant to section 3; (3) assess the effectiveness of the Department's risk-based strategy for examining air cargo and ensuring compliance with air cargo security rules and regulations; and (4) review the Department's information sharing procedures and practices for disseminating information to relevant stakeholders on preventing, mitigating, and responding to air cargo related threats. SEC. 6. KNOWN SHIPPER PROGRAM REVIEW. The Administrator shall request the Air Cargo Subcommittee of Aviation Security Advisory Committee (established under section 44946 of title 49, United States Code) to-- (1) conduct a comprehensive review and security assessment of the known shipper program under sections 1546.215 and 1548.17 of title 49, Code of Federal Regulations; (2) recommend whether the Known Shipper Program should be modified or eliminated considering the full implementation of 100 percent screening under section 44901(g) of title 49, United States Code; and (3) report its findings and recommendations to the Administrator of the Transportation Security Administration. Passed the House of Representatives March 19, 2018. Attest: KAREN L. HAAS, Clerk.

Air Cargo Security Improvement Act of 2018 (Sec. 2) This bill directs the Transportation Security Administration (TSA) to: (1) establish an air cargo security division, (2) submit to Congress a feasibility study regarding the use of computed tomography technology for the screening of air cargo transported on passenger aircraft operated by air carrier or foreign air carrier in air transportation, interstate air transportation, or interstate air commerce; (3) initiate a two-year pilot program to achieve enhanced air cargo security screening outcomes through the use of new or emerging screening technologies, such as computed tomography technology; and (4) report to Congress on actions to improve the Certified Cargo Screening Program. (Sec. 5) The Government Accountability Office must review the TSA's screening processes and procedures for air cargo entering the United States and assess its risk-based strategy for examining such cargo. (Sec. 6) The TSA must request the Air Cargo Subcommittee of the Aviation Security Advisory Committee to conduct a comprehensive review and security assessment of the known shipper program and recommend whether the program should be modified or eliminated in light of the full implementation of required 100% screening of air cargo carried on passenger aircraft.

Air Cargo Security Improvement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers' Health Insurance Protection Act of 2005''. SEC. 2. LIMITATION ON PREMIUM INCREASES FOR REINSTATED HEALTH INSURANCE OF SERVICEMEMBERS RELEASED FROM ACTIVE MILITARY SERVICE. (a) Premium Protection.--Section 704 of the Servicemembers Civil Relief Act (50 U.S.C. App. 594) is amended by adding at the end the following new subsection: ``(e) Limitation on Premium Increases.-- ``(1) Premium protection.--The amount of the premium for health insurance coverage that was terminated by a servicemember and required to be reinstated under subsection (a) may not be increased, for the balance of the period for which coverage would have been continued had the coverage not been terminated, to an amount greater than the amount chargeable for such coverage before the termination. ``(2) Increases of general applicability not precluded.-- Paragraph (1) does not prevent an increase in premium to the extent of any general increase in the premiums charged by the carrier of the health care insurance for the same health insurance coverage for persons similarly covered by such insurance during the period between the termination and the reinstatement.''. (b) Technical Amendment.--Subsection (b)(3) of such section is amended by striking ``if the'' and inserting ``in a case in which the''. SEC. 3. PRESERVATION OF EMPLOYER-SPONSORED HEALTH PLAN COVERAGE FOR CERTAIN RESERVE-COMPONENT MEMBERS WHO ACQUIRE TRICARE ELIGIBILITY. (a) Continuation of Coverage.--Subsection (a)(1) of section 4317 of title 38, United States Code, is amended by inserting after ``by reason of service in the uniformed services,'' the following: ``or such person becomes eligible for medical and dental care under chapter 55 of title 10 by reason of subsection (d) of section 1074 of that title,''. (b) Reinstatement of Coverage.--Subsection (b) of such section is amended-- (1) in paragraph (1)-- (A) by inserting after ``by reason of service in the uniformed services,'' the following: ``or by reason of the person's having become eligible for medical and dental care under chapter 55 of title 10 by reason of subsection (d) of section 1074 of that title,''; and (B) by inserting ``or eligibility'' before the period at the end of the first sentence; and (2) by adding at the end the following new paragraph: ``(3) In the case of a person whose coverage under a health plan is terminated by reason of the person having become eligible for medical and dental care under chapter 55 of title 10 by reason of subsection (d) of section 1074 of that title but who subsequently does not commence a period of active duty under the order to active duty that established such eligibility because the order is canceled before such active duty commences, the provisions of paragraph (1) relating to any exclusion or waiting period in connection with the reinstatement of coverage under a health plan shall apply to such person's continued employment, upon the termination of such eligibility for medical and dental care under chapter 55 of title 10 that is incident to the cancellation of such order, in the same manner as if the person had become reemployed upon such termination of eligibility.''. SEC. 4. TECHNICAL CORRECTIONS TO VETERANS BENEFITS IMPROVEMENT ACT OF 2004. (a) Corrections.--Section 2101 of title 38, United States Code, as amended by section 401 of the Veterans Benefits Improvement Act of 2004 (Public Law 108-454; 118 Stat. 3614), is amended-- (1) by redesignating subsection (c) as subsection (d); (2) by inserting after subsection (b) a new subsection (c) consisting of the text of subsection (c) of such section 2101 as in effect immediately before the enactment of such Act, modified-- (A) in paragraph (1)-- (i) in the first sentence, by striking ``paragraph (1), (2), or (3)'' and inserting ``subparagraph (A), (B), (C), or (D) of paragraph (2)''; and (ii) in the second sentence, by striking ``the second sentence'' and inserting ``paragraph (3)''; and (B) in paragraph (2)-- (i) in the first sentence, by striking ``paragraph (1)'' and inserting ``paragraph (2)''; and (ii) in the second sentence, by striking ``paragraph (2)'' and inserting ``paragraph (3)''; and (3) in subsection (a)(3), by striking ``subsection (c)'' in the matter preceding subparagraph (A) and inserting ``subsection (d)''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as of December 10, 2004, as if enacted immediately after the enactment of the Veterans Benefits Improvement Act of 2004 on that date. SEC. 5. NOTIFICATION TO MEMBER'S SPOUSE OR NEXT OF KIN OF CERTAIN ELECTIONS UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE PROGRAM. (a) Repeal.--Subsections (f) and (g) of section 1012 of division A of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief Act, 2005 (Public Law 109-13), and the amendments made by those subsections, are repealed, and sections 1967 and 1970 of title 38, United States Code, shall be applied as if those subsections had not been enacted. (b) Notification Required.--Section 1967 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f)(1)(A) Whenever a member who is eligible for insurance under this subchapter executes a life insurance option specified in subparagraph (B), the Secretary concerned shall notify the member's spouse or, if the member is unmarried, the member's next of kin, in writing, of the execution of that option. ``(B) A life insurance option referred to in subparagraph (A) is any of the following: ``(i) An election under subsection (a)(2)(A) not to be insured under this subchapter. ``(ii) An election under subsection (a)(3)(B) for insurance of the member in an amount that is less than the maximum amount provided under subsection (a)(3)(A)(i). ``(iii) An application under subsection (c) for insurance coverage under this subchapter or for a change in the amount of such insurance coverage. ``(iv) In the case of a married member, a designation under section 1970(a) of this title of any person other than the spouse or a child of the member as the beneficiary of the member for any amount of insurance under this subchapter. ``(2) Whenever an unmarried member who is eligible for insurance under this subchapter marries, the Secretary concerned shall notify the member's spouse in writing as to whether the member is insured under this subchapter. In the case of a member who is so insured, the Secretary shall include with such notification-- ``(A) if the member has made an election described in paragraph (1)(B)(ii), notice that the amount of such insurance is less than the maximum amount provided under subsection (a)(3)(A)(i); and ``(B) if the member has designated a beneficiary other than the spouse or a child of the member for any amount of such insurance, notice that such a designation has been made. ``(3)(A) Notification of a spouse under paragraph (1) or (2), or of any other person under paragraph (1), for purposes of this subsection shall consist of a good faith effort to provide information to the spouse or other person at the last address of the spouse or other person known to the Secretary concerned. ``(B) Failure to provide such notification, or to provide such notification in a timely manner, does not affect the validity of any life insurance option referred to in paragraph (1)(B).''. Passed the House of Representatives May 23, 2005. Attest: JEFF TRANDAHL, Clerk.

Servicemembers' Health Insurance Protection Act of 2005 - Amends the Servicemembers Civil Relief Act to entitle a servicemember ordered to active duty, upon release from active duty, to reinstatement of health insurance in effect on the day before service commenced without any premium increase for the balance of the period for which there would have been coverage had it not been terminated. Permits a health care insurance carrier to increase a servicemember's premium if there was general premium increase for similarly covered individuals during the period between the termination and the reinstatement. Amends the Uniformed Services Employment and Reemployment Rights Act (USERRA) to preserve employer-sponsored health plan reinstatement rights for certain Reserve-component members who prior to entering active duty acquire TRICARE (a Department of Defense managed health care program) eligibility. Makes technical corrections to the Veterans Benefits Improvement Act of 2004. Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief Act, 2005 to repeal provisions revising codified law concerning elections of members to reduce or decline insurance, and the redesignation of beneficiaries, under the Servicemembers' Group Life Insurance (SGLI) program. Reinstates the codified provisions as if such amendments had not been enacted. Requires that, whenever a member eligible for SGLI insurance executes a life insurance option (an option not to be insured, to be insured for less than the maximum coverage amount, or to designate a person other than a spouse or child as a beneficiary), the Secretary of the military department concerned shall notify the member's spouse or (if not married) next of kin of the execution of such option. Requires that, whenever an unmarried member who is eligible for such insurance marries, the Secretary concerned shall notify the member's spouse as to whether the member is insured under SGLI, what insurance coverage elections the member has made, and whether the member has designated a beneficiary other that the spouse or a child of such member.

To amend the Servicemembers Civil Relief Act to limit premium increases on reinstated health insurance on servicemembers who are released from active military service, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Undetectable Firearms Modernization Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) according to data from the Federal Bureau of Investigation, 8,583 of the 12,664 murders in the United States in 2011 were committed using a firearm, and more than 57 percent of the murders that occurred in New York State were perpetrated with a firearm; (2) the ability to produce a receiver for a firearm in the home would circumvent a number of laws, because the receiver is the component of the firearm that bears its serial number, as required by regulations; (3) digital manufacturing technologies, including but not limited to computer numerical control mills (``CNC mills''), 3- dimensional printers (``3D printers''), and laser cutting machines, are quickly advancing to a point where it will soon be possible to fabricate fully operational firearm components; and (4) some commercially available products that utilize digital manufacturing technologies to manufacture objects are able to manufacture these objects using materials that are unable to be detected by traditional metal detectors, and may not present an accurate image on an x-ray. SEC. 3. REAUTHORIZATION OF BAN ON UNDETECTABLE FIREARMS. Section 2(f)(2) of the Undetectable Firearms Act of 1988 (18 U.S.C. 922 note) is amended by striking ``25'' and inserting ``35''. SEC. 4. BAN EXTENDED TO UNDETECTABLE FIREARM RECEIVERS MADE BY INDIVIDUALS. Section 922(p) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``It shall be unlawful'' and all that follows and inserting ``It shall be unlawful--''; and (B) by striking subparagraphs (A) and (B) and inserting the following: ``(A) for any person to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm-- ``(i) that, after removal of grips, stocks, and magazines, is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar; or ``(ii) any major component of which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component, except that barium sulfate or other compounds may be used in the fabrication of the component; and ``(B) for any person-- ``(i) to import, sell, ship, deliver, possess, transfer, or receive any receiver for a rifle, or receiver for a handgun, manufactured by a person who is not a licensed manufacturer-- ``(I) that is not as detectable as the Receiver Security Exemplar for a rifle or for a handgun, as the case may be, by walk-through metal detectors calibrated and operated to detect that Receiver Security Exemplar; or ``(II) which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the receiver, except that barium sulfate or other compounds may be used in the fabrication of the receiver; or ``(ii) who is not a licensed manufacturer to manufacture any receiver for a rifle, or receiver for a handgun, described in subclause (I) or (II) of clause (i).''; (2) in paragraph (2)-- (A) by striking ``and'' at the end of subparagraph (B); (B) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (C) by adding at the end the following: ``(D) the term `Receiver Security Exemplar' means, with respect to a rifle or a handgun, an object, to be fabricated at the direction of the Attorney General, that is-- ``(i) constructed of, during the 12-month period beginning on the date of the enactment of this subparagraph, 3.7 ounces of material type 17-4 PH stainless steel in a shape resembling the lower receiver for a rifle or for a handgun, as the case may be; and ``(ii) suitable for testing and calibrating metal detectors: Provided, however, That at the close of such 12-month period, and at appropriate times thereafter the Attorney General shall promulgate regulations to permit the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of receivers for a rifle or receivers for a handgun, that were previously prohibited under this subparagraph that are as detectable as the `Receiver Security Exemplar' for a rifle or for a handgun, as the case may be, which contains 3.7 ounces of material type 17-4 PH stainless steel, in a shape resembling the lower receiver for a rifle or for a handgun, as the case may be, or such lesser amount as is detectable in view of advances in state-of-the-art developments in weapons detection technology.''; (3) in paragraph (3)-- (A) by inserting ``or receiver'' after ``firearm'' each place it appears; and (B) by inserting ``or receivers'' after ``firearms''; (4) in each of paragraphs (4) and (5), by inserting ``or receiver'' after ``firearm'' each place it appears; and (5) in paragraph (6)-- (A) by striking ``with respect to any firearm'' and inserting the following: ``with respect to-- ``(A) any firearm''; (B) by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(B) any receiver manufactured in, imported into, or possessed in the United States before the date of the enactment of the Undetectable Firearms Modernization Act.''. SEC. 5. BAN EXTENDED TO UNDETECTABLE AMMUNITION MAGAZINES MADE BY INDIVIDUALS. Section 922(p) of title 18, United States Code, as amended by section 4 of this Act, is amended-- (1) in paragraph (1)-- (A) by striking ``and'' at the end of subparagraph (A)(ii); (B) by striking the period at the end of subparagraph (B)(ii) and inserting ``; and''; and (C) by adding at the end the following: ``(C) for any person-- ``(i) to import, sell, ship, deliver, possess, transfer, or receive any ammunition magazine, manufactured by a person who is not a licensed manufacturer-- ``(I) that, after removal of the spring and follower, is not as detectable as the Magazine Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Magazine Security Exemplar; or ``(II) which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the magazine; or ``(ii) who is not a licensed manufacturer to manufacture any ammunition magazine described in subclause (I) or (II) of clause (i).''; (2) in paragraph (2)-- (A) by striking ``and'' at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (C) by adding at the end the following: ``(E) the term `Magazine Security Exemplar' means an object, to be fabricated at the direction of the Attorney General, that is-- ``(i) constructed of, during the 12-month period beginning on the date of the enactment of this subparagraph, 1 ounce of material type 17-4 PH stainless steel in a shape resembling an ammunition magazine; and ``(ii) suitable for testing and calibrating metal detectors: Provided, however, That at the close of such 12-month period, and at appropriate times thereafter the Attorney General shall promulgate regulations to permit the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of ammunition magazines previously prohibited under this subparagraph that are as detectable as a `Magazine Security Exemplar' which contains 1 ounce of material type 17-4 PH stainless steel, in a shape resembling an ammunition magazine, or such lesser amount as is detectable in view of advances in state-of-the-art developments in weapons detection technology.''; (3) in paragraph (3)-- (A) by striking ``firearm or receiver'' each place it appears and inserting ``firearm, receiver, or ammunition magazine''; and (B) by striking ``firearms or receivers'' and inserting ``firearms, receivers, or ammunition magazines''; (4) in each of paragraphs (4) and (5), by striking ``firearm or receiver'' each place it appears and inserting ``firearm, receiver, or ammunition magazine''; and (5) in paragraph (6)(B), by inserting ``or ammunition magazine'' after ``receiver''.

Undetectable Firearms Modernization Act - Amends the Undetectable Firearms Act of 1988 to: (1) delay the repeal date of such Act for 10 years, and (2) extend the prohibitions against undetectable firearms in such Act to specified firearm receivers and ammunition magazines. Prohibits the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of any receiver for a rifle or handgun, or of any ammunition magazine, that: (1) is manufactured by a person who is not a licensed manufacturer, (2) is not as detectable as the Receiver Security Exemplar or the Magazine Security Exemplar by walk-through metal detectors, or (3) does not generate an image that accurately depicts the shape of a receiver or an ammunition magazine when subjected to inspection by airport x-ray machines. Defines "Receiver Security Exemplar" and "Magazine Security Exemplar" as objects fabricated at the direction of the Attorney General that are: (1) constructed, respectively, of 3.7 ounces of material type 17-4 PH stainless steel in a shape resembling the lower receiver for a rifle or handgun, or of 1 ounce of material type 17-4 PH stainless steel in a shape resembling an ammunition magazine; and (2) suitable for testing and calibrating metal detectors. Directs the Attorney General to promulgate regulations to permit the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of receivers or magazines that were previously prohibited but that become as detectable as their respective Exemplars in view of advances in weapons detection technology.

Undetectable Firearms Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice Exists for All of Us Act of 2013''. SEC. 2. STATE ``STAND YOUR GROUND'' LAWS AND NEIGHBORHOOD WATCH REGISTRATION. (a) In General.--For each fiscal year after the expiration of the period of implementation specified in subsection (b), a State shall-- (1) not have in effect throughout the State any law or policy that allows a person to use deadly force when such person is threatened that does not impose a duty to retreat before using such force in any place where such person is lawfully present (commonly known as ``stand your ground laws''), except that a State may have in place a law or policy that permits a victim of domestic violence to use deadly force when such victim is threatened and does not impose a duty on the victim to retreat before using such force in any place where such victim is lawfully present; and (2) have in effect throughout the State laws and policies that make it unlawful to establish, organize, operate, or participate in a neighborhood watch program unless such program is registered with-- (A) the local law enforcement agency that has jurisdiction over the neighborhood in which the program is located; and (B) the Department of Justice, in accordance with regulations promulgated by the Attorney General. (b) Period for Implementation by States.-- (1) Deadline.--Each State shall implement this section before 3 years after the date of the enactment of this Act. (2) Extensions.--The Attorney General may authorize up to two 1-year extensions of the deadline in paragraph (1). (c) Failure of State To Comply.-- (1) In general.--For any fiscal year after the end of the period for implementation under subsection (b), a State that fails, as determined by the Attorney General, to substantially implement this section shall not receive 20 percent of the funds that would otherwise be allocated for that fiscal year to the State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.). (2) State constitutionality.-- (A) In general.--When evaluating whether a State has substantially implemented this section, the Attorney General shall consider whether the State is unable to substantially implement this section because of a demonstrated inability to implement certain provisions that would place the State in violation of its constitution, as determined by a ruling of the State's highest court. (B) Efforts.--If the circumstances arise under subparagraph (A), then the Attorney General and the State shall make good faith efforts to accomplish substantial implementation of this section and to reconcile any conflicts between this section and the State's constitution. In considering whether compliance with the requirements of this section would likely violate the State's constitution or an interpretation thereof by the State's highest court, the Attorney General shall consult with the chief executive and chief legal officer of the State concerning the State's interpretation of the State's constitution and rulings thereon by the State's highest court. (C) Alternative procedures.--If the State is unable to substantially implement this section because of a limitation imposed by the State's constitution, the Attorney General may determine that the State is in compliance with this Act if the State has implemented, or is in the process of implementing, reasonable alternative procedures or accommodations that are consistent with the purposes of this Act. (D) Funding reduction.--If a State does not comply with subparagraph (C), then the State shall be subject to a funding reduction as specified in paragraph (1). (3) Reallocation.--Amounts not allocated under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) to a State for failure to substantially implement this section shall be reallocated under such subpart to States that have not failed to substantially implement this section or may be reallocated to a State from which they were withheld to be used solely for the purpose of implementing this section. (d) Definition of State.--In this section the term ``State'' shall have the meaning given such term in section 901(a) of Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a) et seq.). SEC. 3. STUDY ON ``STAND YOUR GROUND'' LAWS. (a) Authority.--Not later than one year after the date of enactment of this Act, the Attorney General shall conduct a study of State laws that allow a person to use deadly force when such person is threatened and do not impose a duty to retreat before using such force in any place where such person is lawfully present (commonly known as ``stand your ground laws''). (b) Contents of Study.--In conducting the study under subsection (a), the Attorney General shall examine each of the following: (1) The effect that stand your ground laws have on rates of violent deaths, including determining whether States that have stand your ground laws have higher rates of violent deaths than States that do not have such laws. (2) Whether women and minorities are targets of the force authorized by stand your ground laws at a higher rate than the general population. (c) Report.--Not later than 180 days after completing the study conducted under subsection (a), the Attorney General shall report the findings of such study to Congress.

Justice Exists for All of Us Act of 2013 - Prohibits a state, for each fiscal year beginning three years after enactment of this Act, from having in effect a law or policy that: (1) allows a person to use deadly force when such person is threatened and that does not impose a duty to retreat before using such force in any place where that person is lawfully present (commonly known as a "stand your ground law"), except where the person is a victim of domestic violence; or (2) allows the establishment, organization, or operation of, or participation in, a Neighborhood Watch program that is not registered with the local law enforcement agency and the Department of Justice (DOJ). Allows the Attorney General to authorize up to two one-year extensions of such deadline. Provides that a state that fails to substantially implement this Act for any fiscal year shall not receive 20% of the funds that would otherwise be allocated to it under the Edward Byrne Memorial Justice Assistance Grant program. Provides for alternative procedures for compliance by a state that is unable to substantially implement this Act because of a conflict with the state's constitution. Directs the Attorney General to conduct a study of state stand your ground laws, including by examining: (1) the effect that such laws have on rates of violent deaths, and (2) whether women and minorities are targets of the force authorized by such laws at a higher rate than the general population.

Justice Exists for All of Us Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Compact-Impact Reimbursement Act of 2011''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) In approving the Compact of Free Association it was not the intent of Congress to cause adverse consequences for Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the State of Hawaii. (2) Congress declared that if any adverse consequences to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the State of Hawaii resulted from implementation of the Compact of Free Association, Congress would act sympathetically and expeditiously to redress those adverse consequences. (3) The Government Accountability Office has reported that migration from the Freely Associated States has had a significant impact on Guam, the Commonwealth of the Northern Mariana Islands, and the State of Hawaii. (4) By placing demands on local governments for health, educational, and other social services, migration under the Compact has adversely affected the budgetary resources of Guam, the Commonwealth of the Northern Mariana Islands, and the State of Hawaii. (5) Insufficient sums have been appropriated to cover the costs incurred by Guam, the Commonwealth of the Northern Mariana Islands, and the State of Hawaii, resulting from increased demands placed on health, educational, and other social services by individuals from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. (b) Purpose.--It is the purpose of this Act to address the unfunded mandate and adverse financial consequences resulting from the Compact by meeting the obligations set forth in the Compact. SEC. 3. ENSURING MANDATORY APPROPRIATIONS AND HEALTH SERVICES REIMBURSEMENT AS PART OF COMPACT-IMPACT AID. (a) In General.--Section 104(e)(6) of the Compact of Free Association Act of 1985 (48 U.S.C. 1904(e)(6)) is amended to read as follows: ``(6) Impact costs.-- ``(A) Authorization and continuing appropriations.-- ``(i) In general.--There is hereby authorized and appropriated to the Secretary of the Interior, for each fiscal year from 2012 through 2024, $185,000,000 for grants to Guam, the State of Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa to aid in defraying costs incurred by their governments as a result of increased demands placed on health, educational, social, or public safety services, or infrastructure related to such services due to the residence of qualified nonimmigrants. ``(ii) Awarding.--The grants under clause (i) shall be-- ``(I) awarded and administered by the Department of the Interior, Office of Insular Affairs, or any successor thereto, in accordance with regulations, policies and procedures applicable to grants so awarded and administered; and ``(II) used only for health, educational, social, or public safety services, or infrastructure related to such services, specially affected by qualified nonimmigrants. ``(iii) Enumeration.--For purposes of carrying out this subparagraph, the Secretary of the Interior shall provide for periodic enumerations of qualified nonimmigrants in Guam, the State of Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa. The enumerations-- ``(I) shall be conducted at such intervals as the Secretary of the Interior shall determine, but not less frequently than once every five years, beginning in fiscal year 2012; and ``(II) shall be supervised by the United States Bureau of the Census or any other organization that the Secretary of the Interior selects. ``(iv) Allocation.--The Secretary of the Interior shall allocate to each of the governments of Guam, the State of Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa, grants under clause (i) for a fiscal year on the basis of the ratio of the number of qualified immigrants (as most recently enumerated under clause (iii)) in the respective jurisdiction to the total of such numbers for all the jurisdictions. ``(B) Treatment of certain health care impact costs.--Notwithstanding any other provision of law, for purposes of providing medical assistance for qualified nonimmigrants under title XIX of the Social Security Act in the case of a State or territory referred to in subparagraph (A)(i)-- ``(i) such individuals shall be treated in the same manner as an individual described in section 402(a)(2)(G) of Public Law 104-193, as amended; ``(ii) the Federal medical assistance percentage shall be the same percentage as is applied to medical assistance for services which are received through an Indian Health Service Facility; and ``(iii) payments under such title for medical assistance for such individuals shall not be taken into account in applying any limitations under section 1108 of the Social Security Act. ``(C) Qualified nonimmigrant defined.--In this paragraph, term `qualified nonimmigrant' means a person admitted to the United States pursuant to-- ``(i) section 141 of the Compact of Free Association set forth in title II; or ``(ii) section 141 of the Compact of Free Association between the United States and the Government of Palau.''. (b) Effective Date.--Section 104(e)(6)(B) of the Compact of Free Association Act of 1985, as amended by subsection (a), shall apply to medical assistance for items and services furnished during or after fiscal year 2012.

Compact-Impact Reimbursement Act of 2011 - Amends the Compact of Free Association Act of 1985 to authorize and appropriate FY2012-FY2014 funds to the Secretary of the Interior for grants to Guam, Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa for the costs of increased demands placed on health, educational, social, or public safety services, or infrastructure related to such services due to the residence of qualified nonimmigrants. Directs the Secretary to provide for periodic enumerations of qualified nonimmigrants in Guam, Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa. Defines "qualified nonimmigrant" as a person admitted to the United States pursuant to: (1) section 141 of the Compact of Free Association set forth in title II, or (2) section 141 of the Compact of Free Association between the United States and the government of Palau.

To amend the Compact of Free Association of 1985 to provide for adequate Compact-impact aid to affected States and territories, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``______ of 1993''. SEC. 2. REDUCTION IN INDIVIDUAL CAPITAL GAINS RATE. (a) General Rule.--Subsection (h) of section 1 of the Internal Revenue Code of 1986 (relating to maximum capital gains rate) is amended to read as follows: ``(h) Maximum Capital Gains Rate.-- ``(1) In general.--If a taxpayer has a net capital gain for any taxable year, then the tax imposed by this section shall not exceed the sum of-- ``(A) a tax computed at the rates and in the same manner as if this subsection had not been enacted on the taxable income reduced by the net capital gain, plus ``(B) a tax equal to the sum of-- ``(i) 7.5 percent of so much of the net capital gain as does not exceed-- ``(I) the maximum amount of taxable income to which the 15-percent rate applies under the table applicable to the taxpayer, reduced by ``(II) the taxable income to which subparagraph (A) applies, plus ``(ii) 15 percent of the net capital gain in excess of the net capital gain to which clause (i) applies. ``(2) Transitional rule.--In the case of a taxable year which begins before January 1, 1993, and ends after December 31, 1992, the amount of the net capital gain for purposes of paragraph (1) shall not exceed the net capital gain determined by only taking into account gains and losses properly taken into account for the portion of the taxable year after December 31, 1992.'' (b) Technical Amendments.-- (1) Paragraph (1) of section 170(e) of such Code is amended by striking ``the amount of gain'' in the material following subparagraph (B)(ii) and inserting ``\13/28\ (\19/34\ in the case of a corporation) of the amount of gain''. (2)(A) The second sentence of section 7518(g)(6)(A) of such Code is amended by striking ``28 percent (34 percent in the case of a corporation)'' and inserting ``15 percent''. (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936, is amended by striking ``28 percent (34 percent in the case of a corporation)'' and inserting ``15 percent''. SEC. 3. REDUCTION IN CORPORATE CAPITAL GAINS RATE. (a) General Rule.--Section 1201 of the Internal Revenue Code of 1986 (relating to alternative tax for corporations) is amended by redesignating subsection (b) as subsection (c), and by striking subsection (a) and inserting the following: ``(a) General Rule.--If for any taxable year a corporation has a net capital gain, then, in lieu of the tax imposed by section 11, 511, or 831(a) (whichever applies), there is hereby imposed a tax (if such tax is less than the tax imposed by such section) which shall consist of the sum of-- ``(1) a tax computed on the taxable income reduced by the net capital gain, at the same rates and in the same manner as if this subsection had not been enacted, plus ``(2) a tax of 15 percent of the net capital gain. ``(b) Transitional Rule.--In the case of a taxable year which begins before January 1, 1993, and ends after December 31, 1992, the amount of the net capital gain for purposes of subsection (a) shall not exceed the net capital gain determined by only taking into account gains and losses properly taken into account for the portion of the taxable year after December 31, 1992.'' (b) Technical Amendments.-- (1) Clause (iii) of section 852(b)(3)(D) of such Code is amended by striking ``66 percent'' and inserting ``85 percent''. (2) Paragraphs (1) and (2) of section 1445(e) of such Code are each amended by striking ``34 percent'' and inserting ``15 percent''. SEC. 4. REDUCTION OF MINIMUM TAX RATE ON CAPITAL GAINS. Subparagraph (A) of section 55(b)(1) of the Internal Revenue Code of 1986 (relating to tentative minimum tax) is amended to read as follows: ``(A) the sum of-- ``(i) 15 percent of the lesser of-- ``(I) the net capital gain (determined with the adjustments provided in this part and (to the extent applicable) the limitations of sections 1(h)(2) and 1201(b)), or ``(II) so much of the alternative minimum taxable income for the taxable year as exceeds the exemption amount, plus ``(ii) 20 percent (24 percent in the case of a taxpayer other than a corporation) of the amount (if any) by which the excess referred to in clause (i)(II) exceeds the net capital gain (as so determined), reduced by''. SEC. 5. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. (a) In General.--Part II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to basic rules of general application) is amended by inserting after section 1021 the following new section: ``SEC. 1022. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. ``(a) General Rule.-- ``(1) Indexed basis substituted for adjusted basis.--Except as provided in paragraph (2), if an indexed asset which has been held for more than 1 year is sold or otherwise disposed of, for purposes of this title the indexed basis of the asset shall be substituted for its adjusted basis. ``(2) Exception for depreciation, etc.--The deduction for depreciation, depletion, and amortization shall be determined without regard to the application of paragraph (1) to the taxpayer or any other person. ``(b) Indexed Asset.-- ``(1) In general.--For purposes of this section, the term `indexed asset' means-- ``(A) stock in a corporation, and ``(B) tangible property (or any interest therein), which is a capital asset of property used in the trade or business (as defined in section 1231(b)). ``(2) Certain property excluded.--For purposes of this section, the term `indexed asset' does not include-- ``(A) Creditor's interest.--Any interest in property which is in the nature of a creditor's interest. ``(B) Options.--Any option or other right to acquire an interest in property. ``(C) Net lease property.--In the case of a lessor, net lease property (within the meaning of subsection (h)(1)). ``(D) Certain preferred stock.--Stock which is fixed and preferred as to dividends and does not participate in corporate growth to any significant extent. ``(E) Stock in certain corporations.--Stock in-- ``(i) an S corporation (within the meaning of section 1361), ``(ii) a personal holding company (as defined in section 542), and ``(iii) a foreign corporation. ``(3) Exception for stock in foreign corporation which is regularly traded on national or regional exchange.--Clause (iii) of paragraph (2)(E) shall not apply to stock in a foreign corporation the stock of which is listed on the New York Stock Exchange, the American Stock Exchange, or any domestic regional exchange for which quotations are published on a regular basis other than-- ``(A) stock of a foreign investment company (within the meaning of section 1246(b)), and ``(B) stock in a foreign corporation held by a United States person who meets the requirements of section 1248(a)(2). ``(c) Indexed Basis.--For purposes of this section-- ``(1) Indexed basis.--The indexed basis for any asset is-- ``(A) the adjusted basis of the asset, multiplied by ``(B) the applicable inflation ratio. ``(2) Applicable inflation ratio.--The applicable inflation ratio for any asset is the percentage arrived at by dividing-- ``(A) the gross national product deflator for the calendar quarter in which the disposition takes place, by ``(B) the gross national product deflator for the calendar quarter in which the asset was acquired by the taxpayer (or, if later, the calendar quarter ending December 31, 1992). The applicable inflation ratio shall not be taken into account unless it is greater than 1. The applicable inflation ratio for any asset shall be rounded to the nearest one-tenth of 1 percent. ``(3) Gross national product deflator.--The gross national product deflator for any calendar quarter is the implicit price deflator for the gross national product for such quarter (as shown in the first revision thereof). ``(4) Secretary to publish tables.--The Secretary shall publish tables specifying the applicable inflation ratios for each calendar quarter. ``(d) Special Rules.--For purposes of this section-- ``(1) Treatment as separate asset.--In the case of any asset, the following shall be treated as a separate asset: ``(A) a substantial improvement to property, ``(B) in the case of stock of a corporation, a substantial contribution to capital, and ``(C) any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. ``(2) Assets which are not indexed assets throughout holding period.-- ``(A) In general.--The applicable inflation ratio shall be appropriately reduced for calendar months at any time during which the asset was not an indexed asset. ``(B) Certain short sales.--For purposes of applying subparagraph (A), an asset shall be treated as not an indexed asset for any short sale period during which the taxpayer or the taxpayer's spouse sells short property substantially identical to the asset. For purposes of the preceding sentence, the short sale period begins on the day after the substantially identical property is sold and ends on the closing date for the sale. ``(3) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. ``(4) Section cannot increase ordinary loss.--To the extent that (but for this paragraph) this section would create or increase a net ordinary loss to which section 1231(a)(2) applies or an ordinary loss to which any other provision of this title applies, such provision shall not apply. The taxpayer shall be treated as having a long-term capital loss in an amount equal to the amount of the ordinary loss to which the preceding sentence applies. ``(5) Acquisition date where there has been prior application of subsection (a)(1) with respect to the taxpayer.--If there has been a prior application of subsection (a)(1) to an asset while such asset was held by the taxpayer, the date of acquisition of such asset by the taxpayer shall be treated as not earlier than the date of the most recent such prior application. ``(6) Collapsible corporations.--The application of section 341(a) (relating to collapsible corporations) shall be determined without regard to this section. ``(e) Certain Conduit Entities.-- ``(1) Regulated investment companies; real estate investment trusts; common trust funds.-- ``(A) In general.--Stock in a qualified investment entity shall be an indexed asset for any calendar month in the same ratio as the fair market value of the assets held by such entity at the close of such month which are indexed assets bears to the fair market value of all assets of such entity at the close of such month. ``(B) Ratio of 90 percent or more.--If the ratio for any calendar month determined under subparagraph (A) would (but for this subparagraph) be 90 percent or more, such ratio for such month shall be 100 percent. ``(C) Ratio of 10 percent or less.--If the ratio for any calendar month determined under subparagraph (A) would (but for this subparagraph) be 10 percent or less, such ratio for such month shall be zero. ``(D) Valuation of assets in case of real estate investment trusts.--Nothing in this paragraph shall require a real estate investment trust to value its assets more frequently than once each 36 months (except where such trust ceases to exist). The ratio under subparagraph (A) for any calendar month for which there is no valuation shall be the trustee's good faith judgment as to such valuation. ``(E) Qualified investment entity.--For purposes of this paragraph, the term `qualified investment entity' means-- ``(i) a regulated investment company (within the meaning of section 851), ``(ii) a real estate investment trust (within the meaning of section 856), and ``(iii) a common trust fund (within the meaning of section 584). ``(2) Partnerships.--In the case of a partnership, the adjustment made under subsection (a) at the partnership level shall be passed through to the partners. ``(3) Subchapter s corporations.--In the case of an electing small business corporation, the adjustment under subsection (a) at the corporate level shall be passed through to the shareholders. ``(f) Dispositions Between Related Persons.-- ``(1) In general.--This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. ``(2) Related persons defined.--For purposes of this section, the term `related persons' means-- ``(A) persons bearing a relationship set forth in section 267(b), and ``(B) persons treated as single employer under subsection (b) or (c) of section 414. ``(g) Transfers to Increase Indexing Adjustment or Depreciation Allowance.--If any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is-- ``(1) to secure or increase an adjustment under subsection (a), or ``(2) to increase (by reason of an adjustment under subsection (a)) a deduction for depreciation, depletion, or amortization, the Secretary may disallow part or all of such adjustment or increase. ``(h) Definitions.--For purposes of this section-- ``(1) Net lease property defined.--The term `net lease property' means leased real property where-- ``(A) the term of the lease (taking into account options to renew) was 50 percent or more of the useful life of the property, and ``(B) for the period of the lease, the sum of the deductions with respect to such property which are allowable to the lessor solely by reason of section 162 (other than rents and reimbursed amounts with respect to such property) is 15 percent or less of the rental income produced by such property. ``(2) Stock includes interest in common trust fund.--The term `stock in a corporation' includes any interest in a common trust fund (as defined in section 584(a)). ``(i) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.'' (b) Clerical Amendment.--The table of sections for part II of subchapter O of such chapter 1 of such Code is amended by inserting after the item relating to section 1021 the following new item: ``Sec. 1022. Indexing of certain assets for purposes of determining gain or loss.'' (c) Adjustment to Apply for Purposes of Determining Earnings and Profits.--Subsection (f) of section 312 of such Code (relating to effect on earnings and profits of gain or loss and of receipt of tax- free distributions) is amended by adding at the end thereof the following new paragraph: ``(3) Effect on earnings and profits of indexed basis.-- ``For substitution of indexed basis for adjusted basis in the case of the disposition of certain assets after December 31, 1992, see section 1022(a)(1).''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply to sales and exchanges occurring after December 31, 1992, in taxable years ending after such date. HR 777 IH----2

Amends the Internal Revenue Code to reduce the individual and corporate capital gains rate from 28 percent and 34 percent to 15 percent. Reduces the minimum tax rate accordingly. Reduces such tax to 7.5 percent for low- and middle-income taxpayers. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss.

To amend the Internal Revenue Code of 1986 to provide for a maximum long-term capital gains rate of 15 percent and indexing the basis of certain capital assets.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Diabetes Clinical Care Commission Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Centers for Disease Control and Prevention report that nearly 29,000,000 Americans have diabetes in addition to an estimated 86,000,000 American adults that have pre-diabetes, an increase of 3,000,000 Americans with diabetes and 7,000,000 American adults with pre-diabetes since 2011. (2) Diabetes affects 9.3 percent of Americans of all ages and 12.3 percent of adults age 20 and older. Adults age 20 and older of racial and ethnic minorities continue to have higher rates of diabetes than individuals not of such minorities, as demonstrated by the following: 15.9 percent of all adult American Indians and Alaskan Natives have diabetes; 13.2 percent of all adult African-Americans have diabetes; 12.8 percent of all adult Hispanics have diabetes; and 9.0 percent of all adult Asian-Americans have diabetes, while 7.6 percent of all non-Hispanic Whites have diabetes. (3) Diabetes is the seventh leading cause of death in the United States. (4) People with diabetes are more likely than people without diabetes to also have chronic diseases and conditions that are complications of diabetes, including cardiovascular disease, strokes, high blood pressure, kidney disease, including dialysis, blindness, neuropathy, and leg and feet amputations. (5) Adults with diabetes have an elevated risk of heart disease and stroke. Adults with diabetes have death rates from heart disease that are nearly twice as high as adults without the disease. (6) Diabetes is the leading cause of kidney failure. Each year, nearly 100,000 individuals in the United States are diagnosed with kidney failure, and diabetes accounts for 44 percent of these new cases. (7) Diabetic neuropathies are a family of nerve disorders caused by diabetes and are prevalent in nearly 60 to 70 percent of individuals with diabetes. (8) Diabetes is the leading cause of new cases of blindness among adults aged 20 to 74. (9) About 60 percent of all non-traumatic lower limb amputations in the United States occur in individuals with diabetes. (10) Total national costs associated with diabetes in 2012 exceeded $245,000,000,000, according to the Centers for Disease Control and Prevention. (11) One in three Medicare dollars is currently spent on people with diabetes. (12) The Centers for Disease Control and Prevention projects that as many as 1 in 3 American adults could have diabetes by 2050 if current trends continue. (13) There are 35 Federal departments, agencies, and offices involved in the implementation of Federal diabetes activities. SEC. 3. ESTABLISHMENT OF THE NATIONAL DIABETES CLINICAL CARE COMMISSION. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following new section: ``SEC. 399V-6. NATIONAL DIABETES CLINICAL CARE COMMISSION. ``(a) Establishment.--There is hereby established within the Department of Health and Human Services a National Diabetes Clinical Care Commission (in this section referred to as the `Commission') to evaluate and recommend solutions regarding better coordination and the leveraging of programs within the Department of Health and Human Services and other Federal agencies that relate in any way to supporting appropriate clinical care (such as any interactions between physicians and other health care providers and their patients) related to the treatment and care management for people with pre-diabetes, diabetes, and the chronic diseases and conditions that are complications of or caused by diabetes. ``(b) Membership.-- ``(1) In general.--The Commission shall be composed of the following voting members: ``(A) The heads (or their designees) of the following Federal agencies and departments that conduct programs that could impact the clinical care of people with pre-diabetes, diabetes, and the chronic diseases and conditions that are complications of or caused by diabetes: ``(i) The Centers for Medicare and Medicaid Services. ``(ii) The Agency for Healthcare Research and Quality. ``(iii) The Centers for Disease Control and Prevention. ``(iv) The Indian Health Service. ``(v) The Department of Veterans Affairs. ``(vi) The National Institutes of Health. ``(vii) The Food and Drug Administration. ``(viii) The Health Resources and Services Administration. ``(ix) The Department of Defense. ``(x) Other governmental or nongovernmental agency heads, at the discretion of the agency, that impact clinical care of individuals with pre-diabetes and diabetes. ``(B) Twelve additional voting members appointed under paragraph (2). ``(2) Additional members.--The Commission shall include additional voting members appointed by the Comptroller General of the United States, in consultation with national medical societies and patient advocate organizations with expertise in diabetes and the care of patients with diabetes and the diseases it causes, including one or more from each of the following categories: ``(A) Clinical endocrinologists. ``(B) Physician specialties (other than as described in subparagraph (A)) that play a role in diabetes care, such as cardiologists, nephrologists, and eye care professionals. ``(C) Primary care physicians. ``(D) Non-physician health care professionals, such as certified diabetes educators, registered dieticians and nutrition professionals, nurses, nurse practitioners, and physician assistants. ``(E) Patient advocates. ``(F) National experts in the duties listed under subsection (c). ``(3) Chairperson.--The voting members of the Commission shall select a chairperson from the members described in paragraph (2)(A). ``(4) Meetings.--The Commission shall meet at least twice, and not more than 4 times, a year. ``(5) Board terms.--Members of the Commission, including the chairperson, shall serve for a 3-year term. A vacancy on the Commission shall be filled in the same manner as the original appointments. ``(c) Duties.--The Commission shall-- ``(1) evaluate programs of the Department of Health and Human Services regarding the utilization of diabetes screening benefits, annual wellness visits, and other preventive health benefits that may reduce the risk of diabetes and the chronic diseases and conditions that are complications of diabetes, addressing any existing problems regarding such utilization and related data collection mechanisms; ``(2) identify current activities and critical gaps in Federal efforts to support clinicians in providing integrated, high-quality care to people with pre-diabetes, diabetes, and the chronic diseases and conditions that are complications of diabetes; ``(3) make recommendations regarding the coordination of clinically based activities that are being supported by the Federal Government; ``(4) make recommendations regarding the development and coordination of federally funded clinical practice support tools for physicians and other health care professionals in caring for and managing the care of people with pre-diabetes, diabetes, and the chronic diseases and conditions that are complications of diabetes, specifically with regard to the implementation of new treatments and technologies; ``(5) evaluate programs in existence as of the date of the enactment of this section and determine if such programs are meeting the needs identified in paragraph (2) and, if such programs are determined to not be meeting such needs, recommend programs that would be more appropriate; ``(6) recommend clinical pathways for new technologies and treatments, including future data collection activities, and how they may be developed and then used to evaluate and develop various care models and methods and the impact of such models and methods on quality of care and diabetes management as measured by appropriate care parameters (such as A1C, blood pressure, and cholesterol levels); ``(7) evaluate and expand education and awareness to physicians and other health care professionals regarding clinical practices for the prevention of diabetes and the chronic diseases and conditions that are complications of diabetes; ``(8) review and recommend appropriate methods for outreach and dissemination of educational resources that regard diabetes prevention and treatments, are funded by the Federal Government, and are intended for health care professionals and the public; and ``(9) include other activities, such as those relating to the areas of public health and nutrition, that the Commission deems appropriate. ``(d) Operating Plan.-- ``(1) Initial plan.--Not later than 90 days after its first meeting, the Commission shall submit to the Secretary and the Congress an operating plan for carrying out the activities of the Commission as described in subsection (c). Such operating plan may include-- ``(A) a list of specific activities that the Commission plans to conduct for purposes of carrying out the duties described in each of the paragraphs in subsection (c); ``(B) a plan for completing the activities; ``(C) a list of members of the Commission and other individuals who are not members of the Commission who will need to be involved to conduct such activities; ``(D) an explanation of Federal agency involvement and coordination needed to conduct such activities; ``(E) a budget for conducting such activities; ``(F) a plan for evaluating the value and potential impact of the Commission's work and recommendations, including the possible continuation of the Commission for the purposes of overseeing their implementation; and ``(G) other information that the Commission deems appropriate. ``(2) Updates.--The Commission shall periodically update the operating plan under paragraph (1) and submit such updates to the Secretary and the Congress. ``(e) Final Report and Sunset of the Commission.--By not later than 3 years after the date of the Commission's first meeting, the Commission shall submit a report containing all of the findings and recommended actions of the Commission to the Secretary and Congress. Not later than 120 days after the submission of the final report, the Secretary shall review the evaluation required under subsection (d)(1)(F) to determine the continuation of the Commission. ``(f) Authorization of Appropriations.--Appropriations are authorized to be made available to the Commission for each of fiscal years 2016, 2017, and 2018, from amounts otherwise made available to the Department of Health and Human Services for such fiscal years, to carry out this section.''.

National Diabetes Clinical Care Commission Act This bill amends the Public Health Service Act to establish within the Department of Health and Human Services (HHS) the National Diabetes Clinical Care Commission to evaluate and recommend solutions regarding better coordination and leveraging of federal programs that relate to supporting appropriate clinical care for people with pre-diabetes, diabetes, and the chronic diseases and conditions that are complications of or caused by diabetes. The duties of the Commission include: evaluating HHS programs regarding the utilization of preventive health benefits, identifying current activities and critical gaps in federal efforts to support clinicians in providing integrated care, making recommendations regarding the development and coordination of federally funded clinical practice support tools, recommending clinical pathways for new technologies and treatments, evaluating and expanding education and awareness to health care professionals regarding prevention of diabetes, and reviewing and recommending appropriate methods for outreach and dissemination of educational resources. The Commission must submit an operating plan to HHS and Congress within 90 days of its first meeting.

National Diabetes Clinical Care Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Windstorm Impact Reduction Act Reauthorization of 2011''. SEC. 2. DEFINITIONS. 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''. 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 engineering and the atmospheric sciences to improve the understanding of the behavior of windstorms and their impact on buildings, structures, and lifelines. ``(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 support the development of risk assessment tools and effective mitigation techniques, windstorm-related data collection and analysis, public outreach, information dissemination, and implementation of mitigation measures consistent with the Agency's all-hazards approach.''; (2) by redesignating subsection (d) as subsection (c); (3) by inserting after subsection (c), as so redesignated, the following new subsection: ``(d) 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 2011, 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 2011, 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.''; and (4) by striking subsections (e) and (f). 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 and engineering 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, 2014.''. 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) $4,000,000 for fiscal year 2012; ``(2) $4,000,000 for fiscal year 2013; and ``(3) $4,000,000 for fiscal year 2014. ``(b) National Science Foundation.--There are authorized to be appropriated to the National Science Foundation for carrying out this title-- ``(1) $9,400,000 for fiscal year 2012; ``(2) $9,400,000 for fiscal year 2013; and ``(3) $9,400,000 for fiscal year 2014. ``(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) $5,300,000 for fiscal year 2012; ``(2) $5,300,000 for fiscal year 2013; and ``(3) $5,300,000 for fiscal year 2014. ``(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) $2,700,000 for fiscal year 2012; ``(2) $2,700,000 for fiscal year 2013; and ``(3) $2,700,000 for fiscal year 2014.''.

National Windstorm Impact Reduction Reauthorization Act of 2011 - Amends the National Windstorm Impact Reduction Act of 2004 to revise provisions governing the National Windstorm Impact Reduction Program. Designates the National Institute of Standards and Technology (NIST) as the entity with primary responsibility for Program planning and coordination. Replaces provisions establishing an Interagency Working Group with provisions establishing the Interagency Coordinating Committee on Windstorm Impact Reduction. Directs the Committee to submit a Strategic Plan for the Program that includes: (1) prioritized goals that will mitigate against the loss of life and property from future windstorms; (2) research objectives to achieve those goals; (3) a description of the role of each Program agency in achieving such goals; (4) the methods by which progress will be assessed; and (5) an explanation of how the Program will foster the transfer of research results into outcomes, such as improved model building codes. Requires the Committee to submit a progress report and to develop a coordinated budget for the Program, to be submitted at the time of the President's annual budget submission. Revises provisions providing for the establishment of an Advisory Committee on Windstorm Impact Reduction (currently, the National Advisory Committee on Windstorm Impact Reduction) to offer assessments of the Program, including assessments of the priorities of the Strategic Plan. Terminates the Committee on September 30, 2014. Authorizes appropriations to the agencies carrying out the Program for FY2012-FY2014.

To reauthorize the National Windstorm Impact Reduction Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Compete for the Future Act of 2018''. SEC. 2. ESTABLISHMENT OF PRIZE COMPETITION. (a) Prize Competition.-- (1) In general.--From the amounts appropriated under subsection (d), the Secretary of Education, in consultation with the Secretary of Labor, shall establish a prize competition for eligible programs designed to prepare high school students to enter and succeed in an in-demand industry sector or occupation. Such competition shall meet the requirements of section 24 of the Stevenson-Wylder Technology Innovation Act of 1980 (15 U.S.C. 3719). (2) Selection.--In selecting a winner for each prize, the Secretary shall evaluate how successfully an eligible program provides high school students with the rigorous and challenging academic and technical knowledge and skills such students need to prepare for careers in in-demand industry sectors or occupations, including by earning an industry-recognized certificate or credential or by entering a postsecondary apprenticeship. (3) Priority.--In evaluating eligible programs for each prize, the Secretary shall give priority to applications from eligible programs that are located in or adjacent to a census tract that is certified and designated as a qualified opportunity zone (as defined in section 1400Z-1 of the Internal Revenue Code of 1986). (b) Eligible Program.--The term ``eligible program'' means a program or set of strategies, including a pre-apprenticeship program, a registered youth apprenticeship program, or other similar secondary school program, that-- (1) prepares high school students to enter and succeed in an in-demand industry sector or occupation by-- (A) entering an apprenticeship program upon completion of the eligible program; or (B) earning a recognized credential upon completion of the eligible program; (2) has a documented industry partnership; and (3) incorporates training and curriculum based on industry standards and approved by the documented industry partnership that will prepare individuals with the skills and competencies needed to enter an in-demand industry sector or occupation. (c) Report.--Not later than 120 days after the conclusion of a prize competition under subsection (a), the Secretary of Education, in consultation with the Secretary of Labor, shall report to Congress recommendations on best practices for creating and developing pre- apprenticeship and other programs designed to prepare high school students to enter and succeed in an in-demand industry sector or occupation. (d) Other Definitions.--In this Act: (1) Apprenticeship.--The term ``apprenticeship'' refers to an apprenticeship registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (2) Documented industry partnership.--The term ``documented industry partnership'' means a workforce collaborative, acting in partnership with a program that is designed to prepare high school students to enter and succeed in an in-demand industry sector or occupation, that organizes key stakeholders in an industry into a working group that focuses on the shared goals and human resources needs of the industry and that includes representatives of multiple businesses or other employers in the industry, including small and medium-sized employers when practicable, and at the appropriate stage of development of the partnership, may include representatives of-- (A) State or local government; (B) State or local economic development agencies; (C) a recognized State labor organization or central labor council, or another labor representative, as appropriate; (D) State boards or local boards, as appropriate; (E) a State workforce agency or other entity providing employment services; (F) an institution of higher education with, or another provider of, education or training programs that support the industry; (G) business or trade associations; (H) economic development organizations; (I) nonprofit organizations, community-based organizations, or intermediaries; (J) industry associations; and (K) other organizations, as determined to be necessary by the members comprising the documented industry partnership. (3) High school.--The term ``high school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) In-demand industry sector or occupation.--The term ``in-demand industry sector or occupation'' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (5) Recognized credential.--The term ``recognized credential'' means a credential consisting of an industry- recognized certificate or certification, or a certificate of completion of an apprenticeship. (e) Authorization of Appropriations.--There are authorized to be appropriated $2,000,000 to carry out this Act.

Compete for the Future Act of 2018 This bill directs the Department of Education to establish a prize competition for certain programs designed to prepare high school students to enter and succeed in an in-demand industry sector or occupation. Such programs are those that: (1) prepare students to enter and succeed in such sector or occupation by entering an apprenticeship program, or by earning a recognized credential, upon completion; (2) have a documented industry partnership; and (3) incorporate training and curriculum based on industry standards and approved by the partnership that will prepare individuals with the skills and competencies needed to enter an in-demand industry sector or occupation.

Compete for the Future Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Prostate Cancer Coverage Act of 2006''. SEC. 2. OPTIONAL MEDICAID COVERAGE OF CERTAIN PROSTATE CANCER PATIENTS. (a) Coverage as Optional Categorically Needy Group.-- (1) In general.--Section 1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended-- (A) in subclause (XVIII), by striking ``or'' at the end; (B) in subclause (XIX), by adding ``or'' at the end; and (C) by adding at the end the following: ``(XX) who are described in subsection (dd) (relating to certain prostate cancer patients);''. (2) Group described.--Section 1902 of such Act (42 U.S.C. 1396a) is amended by adding at the end the following: ``(dd) Individuals described in this paragraph are individuals who-- ``(1) are not described in subsection (a)(10)(A)(i); ``(2) have not attained age 65; ``(3) have been screened for prostate cancer under section 317D of the Public Health Service Act (42 U.S.C. 247b-5), or any other prostate cancer screening program supported with Federal funds, and need treatment for prostate cancer; ``(4) are in families whose income does not exceed 250 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved; and ``(5) are not otherwise covered under creditable coverage, as defined in section 2701(c) of the Public Health Service Act (45 U.S.C. 300gg(c)).''. (3) Limitation on benefits.--Section 1902(a)(10) of such Act (42 U.S.C. 1396a(a)(10)) is amended in the matter following subparagraph (G)-- (A) by striking ``and (XIV)'' and inserting ``(XIV)''; and (B) by inserting ``, and (XV) the medical assistance made available to an individual described in subsection (aa) who is eligible for medical assistance only because of subparagraph (A)(10)(ii)(XX) shall be limited to medical assistance provided during the period in which such an individual requires treatment for prostate cancer'' before the semicolon. (4) Conforming amendments.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended in the matter preceding paragraph (1)-- (A) in clause (xii), by striking ``or'' at the end; (B) in clause (xiii), by adding ``or'' at the end; and (C) by inserting after clause (xiii) the following: ``(xiv) individuals described in section 1902(dd),''. (b) Presumptive Eligibility.-- (1) In general.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by inserting after section 1920B the following: ``presumptive eligibility for certain prostate cancer patients ``Sec. 1920C. (a) State Option.--A State plan approved under section 1902 may provide for making medical assistance available to an individual described in section 1902(dd) (relating to certain prostate cancer patients) during a presumptive eligibility period. ``(b) Definitions.--For purposes of this section: ``(1) Presumptive eligibility period.--The term `presumptive eligibility period' means, with respect to an individual described in subsection (a), the period that-- ``(A) begins with the date on which a qualified entity determines, on the basis of preliminary information, that the individual is described in section 1902(dd); and ``(B) ends with (and includes) the earlier of-- ``(i) the day on which a determination is made with respect to the eligibility of such individual for services under the State plan; or ``(ii) in the case of such an individual who does not file an application by the last day of the month following the month during which the entity makes the determination referred to in subparagraph (A), such last day. ``(2) Qualified entity.-- ``(A) In general.--Subject to subparagraph (B), the term `qualified entity' means any entity that-- ``(i) is eligible for payments under a State plan approved under this title; and ``(ii) is determined by the State agency to be capable of making determinations of the type described in paragraph (1)(A). ``(B) Regulations.--The Secretary may issue regulations further limiting those entities that may become qualified entities in order to prevent fraud and abuse and for other reasons. ``(C) Rule of construction.--Nothing in this paragraph shall be construed as preventing a State from limiting the classes of entities that may become qualified entities, consistent with any limitations imposed under subparagraph (B). ``(c) Administration.-- ``(1) In general.--The State agency shall provide qualified entities with-- ``(A) such forms as are necessary for an application to be made by an individual described in subsection (a) for medical assistance under the State plan; and ``(B) information on how to assist such individuals in completing and filing such forms. ``(2) Notification requirements.--A qualified entity that determines under subsection (b)(1)(A) that an individual described in subsection (a) is presumptively eligible for medical assistance under a State plan shall-- ``(A) notify the State agency of the determination within 5 working days after the date on which determination is made; and ``(B) inform such individual at the time the determination is made that an application for medical assistance under the State plan is required to be made by not later than the last day of the month following the month during which the determination is made. ``(3) Application for medical assistance.--In the case of an individual described in subsection (a) who is determined by a qualified entity to be presumptively eligible for medical assistance under a State plan, the individual shall apply for medical assistance under such plan by not later than the last day of the month following the month during which the determination is made. ``(d) Payment.--Notwithstanding any other provision of this title, medical assistance that-- ``(1) is furnished to an individual described in subsection (a)-- ``(A) during a presumptive eligibility period; ``(B) by a entity that is eligible for payments under the State plan; and ``(2) is included in the care and services covered by the State plan; shall be treated as medical assistance provided by such plan for purposes of section 1903(a)(5)(B).''. (2) Conforming amendments.-- (A) Section 1902(a)(47) of the Social Security Act (42 U.S.C. 1396a(a)(47)) is amended-- (i) by striking ``and provide'' and inserting ``, provide''; and (ii) by inserting before the semicolon at the end the following: ``, and provide for making medical assistance available to individuals described in subsection (a) of section 1920C during a presumptive eligibility period in accordance with such section''. (B) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C. 1396b(u)(1)(D)(v)) is amended-- (i) by striking ``or for'' and inserting ``, for''; and (ii) by inserting before the period the following: ``, or for medical assistance provided to an individual described in subsection (a) of section 1920C during a presumptive eligibility period under such section''. (c) Enhanced Match.--Section 1903(a)(5) of the Social Security Act (42 U.S.C. 1396b(a)(5)) is amended-- (1) by striking ``an'' and inserting ``(A) an''; (2) by adding ``plus'' after the semicolon; and (3) by adding at the end the following: ``(B) an amount equal to 75 percent of the sums expended during such quarter which are attributable to the offering, arranging, and furnishing (directly or on a contract basis) of prostate cancer-related treatment services; plus''. (d) Effective Date.--The amendments made by this section apply to medical assistance furnished on or after the date of the enactment of this Act, without regard to whether final regulations to carry out such amendments have been promulgated by such date.

Medicaid Prostate Cancer Coverage Act of 2006 - Amends title XIX (Medicaid) of the Social Security Act to provide for optional Medicaid coverage of certain prostate cancer patients.

To amend title XIX of the Social Security Act to provide medical assistance for certain men screened and found to have prostate cancer under a Federally funded screening program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Our Homeless Veterans Act of 2011''. SEC. 2. COLLABORATION IN PROVISION OF CASE MANAGEMENT SERVICES TO VETERANS IN SUPPORTED HOUSING PROGRAM. (a) Collaboration Authorized.-- (1) In general.--Subchapter V of chapter 20 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 2045. Collaboration in provision of case management services to veterans in supported housing program ``(a) In General.--The Secretary may enter into agreements with eligible entities to collaborate in the provision of case management services as part of the supported housing program carried out under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) to expand and improve the provision of supported housing services and related outreach to veterans, including veterans who live in rural areas or underserved veterans who live in metropolitan areas or on Indian lands. ``(b) Eligible Entities.--For purposes of this section, an eligible entity is any entity that-- ``(1) is-- ``(A) a State or local government agency; ``(B) a tribal organization (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); or ``(C) a nonprofit organization; ``(2) has the capacity (as determined by the Secretary) to collaborate in the provision of case management services as described in subsection (a); and ``(3) agrees-- ``(A) to ensure access to case management services to veterans described in subsection (a) on an as-needed basis; ``(B) to maintain referral networks for homeless veterans for purposes of assisting such veterans in demonstrating eligibility for assistance and additional services under entitlement and assistance programs available for such veterans, and to otherwise aid such veterans in obtaining such assistance and services; ``(C) to ensure the confidentiality of records maintained by the entity on veterans receiving services through the supported housing program described in subsection (a); ``(D) to establish such procedures for fiscal control and fund accounting as the Secretary considers appropriate to ensure proper disbursement and accounting of funds under the agreement entered into by the entity under this section; ``(E) to submit to the Secretary each year, in such form and such manner as the Secretary may require, a report on the collaboration undertaken by the entity under this section, including a description of-- ``(i) the services and assistance provided to veterans as part of such collaboration; and ``(ii) the specific goals set by the entity for the provision of such services and assistance and whether the entity achieved such goals; and ``(F) to meet such other requirements as the Secretary considers appropriate for purposes of this section. ``(c) Selection of Eligible Entities.--(1) Not later than one year after the date of the enactment of this section, the Secretary shall establish a process for the receipt and consideration of proposals submitted under paragraph (2), including the appropriate form, manner, and time for submittal of such proposals. ``(2) An eligible entity seeking to enter into an agreement under this section shall submit to the Secretary a proposal therefor in accordance with the process established by the Secretary pursuant to paragraph (1). ``(3) Each proposal submitted under paragraph (2) shall set forth a description of the collaboration proposed to be undertaken by the entity concerned, including the following: ``(A) A description of the region in which the entity proposes to collaborate in the provision of case management services described in subsection (a), including a description of resources and services already available to veterans described in such subsection in such region and a description of any gaps in such resources and services available to veterans in such region. ``(B) A description of the veterans described in subsection (a) in the region described in subparagraph (A) and the needs of such veterans for supported housing services. ``(C) A description of the capacity of the entity to provide services to veterans described in subparagraph (B) to meet their needs for the services described in such subparagraph. ``(D) Plans, specifications, and a schedule for the provision of case management services under subsection (a). ``(d) Case Management Services.--For purposes of this section, case management services include the following: ``(1) Personal health and development assistance, including such assistance relating to the following: ``(A) Health care and referrals for health care. ``(B) Mental health. ``(C) Substance abuse. ``(D) Counseling. ``(E) Family support. ``(F) Benefits and employment counseling. ``(G) Job training and placement. ``(H) Education on personal finance. ``(I) Hygiene facilities. ``(J) Meals. ``(K) Transportation. ``(2) Housing assistance for veterans, including: ``(A) Assistance locating affordable housing, assistance with scheduling appointments to view available housing, accompanying veterans when viewing available housing, assistance with negotiating leases, and assistance with reviewing tenant leases. ``(B) Rental and rent subsidies. ``(C) Assistance in working with public housing agencies. ``(D) Assistance in understanding lease terms and landlord and tenant laws. ``(E) Assistance in understanding fair housing laws. ``(F) Assistance in the resolution or prevention of mortgage delinquency, including assistance with matters relating to default, foreclosure, loss mitigation, budgeting, and credit. ``(G) Assistance with home maintenance and financial management. ``(H) Such other assistance in connection with locating housing and maintaining housing stability as the Secretary considers appropriate. ``(3) Such other case management services, outreach, and other services as the Secretary considers appropriate.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 20 of such title is amended by inserting after the item relating to section 2044 the following new item: ``2045. Collaboration in provision of case management services to veterans in supported housing program.''. (b) Report.-- (1) In general.--Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the collaboration of the Secretary in the provision of case management services under section 2045 of title 38, United States Code (as added by subsection (a)). (2) Elements.--The report under paragraph (1) shall include the following: (A) The number of eligible entities with whom the Secretary has entered into an agreement under section 2045 of title 38, United States Code (as so added). (B) A description of the geographic regions in which such eligible entities provide services under such section. (C) The number of veterans who received case management services from eligible entities under such section, disaggregated by-- (i) underserved veterans in metropolitan areas; (ii) underserved veterans who live on Indian lands; and (iii) veterans in rural areas. (D) An assessment of the feasibility and advisability of entering into agreements with eligible entities under such section. (E) Such recommendations for legislative or administrative action as the Secretary considers appropriate for the improvement of the authorities on collaboration in the provision of case management services under such section. SEC. 3. DISTRIBUTION OF RENTAL VOUCHERS TO VETERANS IN RURAL AREAS AND UNDERSERVED VETERANS IN METROPOLITAN AREAS. (a) In General.--Subchapter V of chapter 20 of title 38, United States Code, as amended by section 2(a)(1), is further amended by adding at the end the following new section: ``Sec. 2046. Distribution of rental vouchers to veterans in rural areas and underserved veterans in metropolitan areas ``(a) In General.--The Secretary shall, in consultation with the Secretary of Housing and Urban Development, ensure that the distribution of vouchers to veterans under the supported housing program carried out under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) meets the needs of veterans in rural areas and underserved veterans in metropolitan areas or on Indian lands in each region of the United States by using-- ``(1) statistical data and analysis; ``(2) recommendations from any recipients of grants under the Continuum of Care Program set forth under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.); or ``(3) such other means as Secretary considers appropriate. ``(b) Agreements With Nonprofit and State and Local Government Agencies.--The Secretary shall consider how agreements under section 2045(a) of this title can be used to ensure the distribution of vouchers as described in subsection (a) of this section.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 20 of such title is amended by inserting after the item relating to section 2045, as added by section 2(a)(2), the following new item: ``2046. Distribution of rental vouchers to veterans in rural areas and underserved veterans in metropolitan areas.''.

Helping Our Homeless Veterans Act of 2011 - Authorizes the Secretary of Veterans Affairs (VA) to enter into agreements with state or local government agencies, tribal organizations, and nonprofit organizations to collaborate in the provision of case management services to expand and improve the provision of supported housing services and related outreach to veterans, including veterans in rural areas or underserved veterans who live in metropolitan areas or on Indian lands. Outlines support services to be provided, including the maintenance of referral networks for homeless veterans. Requires each entity chosen to report annually to the Secretary on collaborative services undertaken. Includes within case management services personal health and development assistance and housing assistance for veterans.

A bill to amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to enter into agreements with States and nonprofit organizations to collaborate in the provision of case management services associated with certain supported housing programs for veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydroelectric Licensing and Incentives Act of 2001''. SEC. 2. IMPROVEMENTS TO HYDROPOWER RELICENSING PROCESS. (a) In General.--Part I of the Federal Power Act (16 U.S.C. 791a and following) is amended by adding at the end the following: ``SEC. 32. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO LICENSES. ``(a) Definitions.--In this section: ``(1) Condition.--The term `condition' means-- ``(A) a condition to a license for a project on a Federal reservation determined by a consulting agency for the purpose of the first proviso of section 4(e); or ``(B) a prescription relating to the construction, maintenance, or operation of a fishway determined by a consulting agency for the purpose of the first sentence of section 18. ``(2) Consulting agency.--The term `consulting agency' means-- ``(A) in relation to a condition described in paragraph (1)(A), the Federal agency with responsibility for supervising the reservation; and ``(B) in relation to a condition described in paragraph (1)(B), the Secretary of the Interior or the Secretary of Commerce, as appropriate. ``(b) Factors To Be Considered.--In determining a condition, a consulting agency shall-- ``(1) consider the economic effects (including power cost impacts) of the condition; ``(2) consider the effect on other beneficial public uses (including irrigation, flood control, water supply, and recreation) of the condition; ``(3) consider compatibility with other conditions to be included in the license, including mandatory conditions of other agencies, when available; ``(4) consider compatibility with conditions existing at the project site, including, where applicable, joint operation of a facility by two or more sovereign nations, operation of a facility on a waterway that is an international boundary, and conditions mandated by international treaty; ``(5) prescribe a condition only when necessary to address direct project-related effects; and ``(6) in selecting among conditions that are equally effective for purposes of the first proviso of section 4(e) and the first sentence of section 18, prescribe the least costly alternative. ``(c) Documentation.-- ``(1) In general.--A consulting agency shall assemble a record detailing, among other pertinent matters, all proposals made, comments received from public notice of draft conditions, facts considered, and analyses made sufficient to demonstrate compliance with subsection (b). ``(2) Submission to the commission.--A consulting agency shall include the documentation under paragraph (1) in it, submission of a condition to the Commission. ``(d) Public Comment.--Before submitting to the Commission a condition, and at least 90 days before a license applicant is required to file a license application with the Commission, a consulting agency shall provide notice of draft conditions and an opportunity for a hearing on the record. The consulting agency shall take into consideration all comments received and include in the documentation submitted to the Commission evidence thereof. ``(e) Submission of Final Condition.-- ``(1) In general.--After an applicant files with the Commission an application for a license, the Commission shall set a date by which a consulting agency shall submit to the Commission a final condition. ``(2) Limitation.--Except as provided in paragraph (4), the date for submission of a final condition shall be not later than one year after the date on which the Commission gives the consulting agency notice that a license application is ready for environmental review. ``(3) Default.--If a consulting agency does not submit a final condition to a license by the date set under paragraph (1)-- ``(A) the consulting agency shall not thereafter have authority to recommend or establish a condition to the license; and ``(B) the Commission may, but shall not be required to, recommend or establish an appropriate condition to the license that-- ``(i) furthers the interest sought to be protected by the provision of law that authorizes the consulting agency to propose or establish a condition to the license; and ``(ii) conforms to the requirements of this Act. ``(4) Extension.--The Commission may extend for good cause a deadline set under paragraph (2).''. (b) Conforming and Technical Amendments.--(1) Section 3(17)(E)(ii) of the Federal Power Act (16 U.S.C. 796(17)(E)(ii)) is amended by striking the period at the end thereof and inserting a semicolon. (2) The first proviso of the first sentence of section 4(e) of such Act (16 U.S.C. 797(e)) is amended by inserting after ``conditions'' the following: ``, determined in accordance with section 32,'' and by striking the period at the end of the proviso and inserting a colon. (3) Section 14(b) of such Act (16 U.S.C. 807(b)) is amended by striking ``its'' and inserting ``it'' in the second sentence. (4) Section 18 of such Act (16 U.S.C. 811) is amended in the first sentence by striking ``prescribed by the Secretary of Commerce'' and inserting ``prescribed, in accordance with section 32, by the Secretary of the Interior or the Secretary of Commerce, as appropriate''. (5) Section 21 of such Act (16 U.S.C. 814) is amended by inserting a colon after ``$3,000''. (6) Section 30(c)(1) of such Act (16 U.S.C. 823a(c)(1)) is amended by inserting a comma after ``Service'' each place it appears. SEC. 3. HYDROELECTRIC PRODUCTION INCENTIVES. (a) Incentive Payments.--For electric energy generated and sold by a qualified hydroelectric facility during the incentive period, the Secretary of Energy (referred to in this section as the ``Secretary'') shall make, subject to the availability of appropriations, incentive payments to the owner or operator of such facility. The amount of such payment made to any such owner or operator shall be as determined under subsection (e) of this section. Payments under this section may only be made upon receipt by the Secretary of an incentive payment application which establishes that the applicant is eligible to receive such payment and which satisfies such other requirements as the Secretary deems necessary. Such application shall be in such form, and shall be submitted at such time, as the Secretary shall establish. (b) Definitions.--For purposes of this section: (1) Qualified hydroelectric facility.--The term ``qualified hydroelectric facility'' means a turbine or other generating device owned or solely operated by a non-Federal entity which generates hydroelectric energy for sale and which is added to an existing dam or conduit. (2) Existing dam or conduit.--The term ``existing dam or conduit'' means any dam or conduit the construction of which was completed before the date of the enactment of this section and which does not require any construction or enlargement of impoundment or diversion structures (other than repair or reconstruction) in connection with the installation of a turbine or other generating device. (3) Conduit.--The term ``conduit'' has the same meaning as when used in section 30(a)(2) of the Federal Power Act. The terms defined in this subsection shall apply without regard to the hydroelectric kilowatt capacity of the facility concerned, without regard to whether the facility uses a dam owned by a governmental or nongovernmental entity, and without regard to whether the facility begins operation on or after the date of the enactment of this section. (c) Eligibility Window.--Payments may be made under this section only for electric energy generated from a qualified hydroelectric facility which begins operation during the period of 10 fiscal years beginning with the first full fiscal year occurring after the date of enactment of this Act. (d) Incentive Period.--A qualified hydroelectric facility may receive payments under this section for a period of 10 fiscal years (referred to in this section as the ``incentive period''). Such period shall begin with the fiscal year in which electric energy generated from the facility is first eligible for such payments. (e) Amount of Payment.-- (1) In general.--Payments made by the Secretary under this section to the owner or operator of a qualified hydroelectric facility shall be based on the number of kilowatt hours of hydroelectric energy generated by the facility during the incentive period. For any such facility, the amount of such payment shall be 1.5 cents per kilowatt hour (adjusted as provided in paragraph (2)), subject to the availability of appropriations under subsection (g), except that no facility may receive more than $1,000,000 in one calendar year. (2) Adjustments.--The amount of the payment made to any person under this section as provided in paragraph (1) shall be adjusted for inflation for each fiscal year beginning after calendar year 2001 in the same manner as provided in the provisions of section 29(d)(2)(B) of the Internal Revenue Code of 1986, except that in applying such provisions the calendar year 2001 shall be substituted for calendar year 1979. (f) Sunset.--No payment may be made under this section to any qualified hydroelectric facility after the expiration of the period of 20 fiscal years beginning with the first full fiscal year occurring after the date of enactment of this Act, and no payment may be made under this section to any such facility after a payment has been made with respect to such facility for a period of 10 fiscal years. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out the purposes of this section $50,000,000 for each of the fiscal years 2002 through 2011. SEC. 4. HYDROELECTRIC EFFICIENCY IMPROVEMENT. (a) Incentive Payments.--The Secretary of Energy shall make incentive payments to the owners or operators of hydroelectric facilities at existing dams to be used to make capital improvements in the facilities that are directly related to improving the efficiency of such facilities by at least 3 percent. (b) Limitations.--Incentive payments under this section shall not exceed 10 percent of the costs of the capital improvement concerned and not more than one payment may be made with respect to improvements at a single facility. No payment in excess of $1,000,000 may be made with respect to improvements at a single facility. (c) Authorization.--There is authorized to be appropriated to carry out this section not more than $50,000,000 in each fiscal year after the fiscal year 2001. SEC. 5. SMALL HYDROELECTRIC POWER PROJECTS. Section 408(a)(6) of the Public Utility Regulatory Policies Act of 1978 is amended by striking ``April 20, 1977'' and inserting ``May 16, 2001''. SEC. 6. INCREASED HYDROELECTRIC GENERATION AT EXISTING FEDERAL FACILITIES. (a) In General.--The Secretary of Energy, in consultation with the Secretary of the Interior and Secretary of the Army, shall conduct studies of the cost-effective opportunities to increase hydropower generation at existing federally-owned or operated water regulation, storage, and conveyance facilities. Such studies shall be completed within two years after the date of enactment of this Act and transmitted to the Committee on Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. An individual study shall be prepared for each of the Nation's principal river basins. Each such study shall identify and describe with specificity the following matters: (1) Opportunities to improve the efficiency of hydropower generation at such facilities through, but not limited to, mechanical, structural, or operational changes. (2) Opportunities to improve the efficiency of the use of water supplied or regulated by Federal projects where such improvement could, in the absence of legal or administrative constraints, make additional water supplies available for hydropower generation or reduce project energy use. (3) Opportunities to create additional hydropower generating capacity at existing facilities through, but not limited to, the construction of additional generating facilities, the uprating of generators and turbines, and the construction of pumped storage facilities. (4) Preliminary assessment of the costs and the economic and environmental consequences of such measures. (b) Previous Studies.--If studies of the type required by subsection (a) have been prepared by any agency of the United States and published within the five years prior to the date of enactment of this Act, the Secretary of Energy may choose not to perform new studies and incorporate the information in such studies into the studies required by subsection (a). (c) Authorization.--There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.

Hydroelectric Licensing and Incentives Act of 2001 - Amends the Federal Power Act to prescribe procedural guidelines for the consideration of hydroelectric power licensing by Federal agencies and the Secretaries of the Interior and of Commerce.Instructs the Secretary of Energy to make incentive payments: (1) for a period of ten fiscal years to the owner or operator of electric energy generated and sold by a qualified hydroelectric facility; and (2) to the owner or operator of hydroelectric facilities at existing dams for capital improvements directly related to specified facility efficiency improvements.Amends the Public Utility Regulatory Policies Act of 1978 to redefine "an existing dam" for purposes of small hydroelectric power projects as one whose construction was completed on or before May 16, 2001 (currently, on or before April 20, 1977).Instructs the Secretary of Energy to study and report to certain congressional committees on cost-effective opportunities to increase hydropower generation at existing federally-owned or operated water regulation, storage, and conveyance facilities.

To improve the Federal licensing process for hydroelectric projects.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ESOP Promotion Act of 1997''. SEC. 2. PROVISIONS RELATING TO S CORPORATIONS ESTABLISHING EMPLOYEE STOCK OWNERSHIP PLANS. (a) Repeal of Provision Making Certain ESOP Benefits Inapplicable to S Corporations.--Section 1316(d) of the Small Business Job Protection Act of 1996 is repealed, and the Internal Revenue Code of 1986 shall be applied and administered as if the amendments made by such section had not been enacted. (b) Repeal of Application of Unrelated Business Income Tax.-- Section 512(e) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``described in section 1361(c)(7)'' in paragraph (1) and inserting ``described in section 501(c)(3) and exempt from taxation under section 501(a)'', and (2) by inserting ``Charitable Organizations Holding Stock in'' after ``Applicable to'' in the heading. (c) ESOPs Allowed To Distribute Cash Rather Than Stock.-- (1) In general.--Section 409(h)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(8) Plan maintained by s corporation.--In the case of a plan established and maintained by an S corporation which otherwise meets the requirements of this subsection or section 4975(e)(7), such plan shall not be treated as failing to meet the requirements of this subsection or section 401(a) merely because it does not permit a participant to exercise the right described in paragraph (1)(A) if such plan provides that the participant entitled to a distribution from the plan shall have a right to receive the distribution in cash.'' (2) Conforming amendments.--Section 409(h)(2) of such Code is amended-- (A) by striking ``A plan'' and inserting: ``(A) In general.--A plan'', and (B) by striking ``In the case of an employer'' and inserting: ``(B) Plans restricted by charter or bylaws.--In the case of an employer''. (d) Exemptions From Prohibited Transaction Rules Available to ESOPs and Shareholder Employees.--The last sentence of section 408(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(d)) is amended by striking all that precedes ``a participant or beneficiary'' and inserting ``For purposes of this subsection,''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997. SEC. 3. AMENDMENTS RELATED TO SECTION 1042. (a) Extension of Section 1042 Principles to Stock Received as Compensation for Services.-- (1) In general.--Section 83 of the Internal Revenue Code of 1986 (relating to property transferred in connection with performance of services) is amended by adding at the end the following new subsection: ``(i) Exception for Transfers of Qualified Securities Sold to Employee Stock Ownership Plans.-- ``(1) Exclusion from income.--Subsections (a) and (b) shall not apply to, and no amount shall be includible in gross income with respect to, the transfer of any qualified security (as defined in section 1042(c)(1)) in connection with the performance of services if, and to the extent that, within 60 days after the event which would cause the recognition of income pursuant to subsection (a) or (b) but for this subsection, the transferee sells such qualified security to an employee stock ownership plan (as defined in section 4975(e)(7)) and the requirements of section 1042(a) are met with respect to such sale. ``(2) No deduction by employer.--Notwithstanding the provisions of subsection (h), the person for whom the services were performed in connection with which any qualified security is transferred shall not be entitled to a deduction with respect to such transfer if, and to the extent that, paragraph (1) applies to such transfer.'' (2) Conforming amendments.-- (A) Section 424(c)(1) of such Code is amended by striking ``or'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(D) a sale to which section 1042 applies.'' (B) Section 1042(a) of such Code is amended-- (i) by striking ``which would be recognized as long-term capital gain'' from the first sentence thereof, and (ii) by adding at the end the following new sentence: ``Any gain which is recognized after the application of the preceding sentence shall be treated as ordinary income to the extent of the lesser of the amount of such gain or the amount which would have been treated as ordinary income but for this section.'' (C) Section 1042(b)(4) of such Code is amended by adding at the end the following new sentence: ``The requirements of the preceding sentence shall not apply to qualified securities received by the taxpayer in a transfer to which section 83 or 422 applied (or to which section 422 or 424 (as in effect on the day before the date of enactment of the Revenue Reconciliation Act of 1990) applied).'' (D) Section 1042(c)(1)(B) of such Code is amended to read as follows: ``(B) were not received by the taxpayer in-- ``(i) a distribution from a plan described in section 401(a), or ``(ii) a transfer pursuant to a right to acquire stock to which section 423 applied.'' (E) The first sentence of section 1042(d) of such Code is amended to read as follows: ``The basis of the taxpayer in qualified replacement property purchased by the taxpayer during the replacement period shall be reduced by the amount of gain not recognized by virtue of such purchase, taking into account the application of subsection (a) and, if applicable, the application of section 83(i) or section 424(c)(1)(D).'' (F) Section 1042(e)(1) of such Code is amended to read as follows: ``(1) In general.--If a taxpayer disposes of any qualified replacement property, then, notwithstanding any other provision of this title, gain (if any) shall be recognized to the extent of the gain which was not recognized by reason of the acquisition by such taxpayer of such qualified replacement property, taking into account the application of subsection (a) and, if applicable, the application of section 83(i) or 424(c)(1)(D). Such gain shall be treated as ordinary income to the extent of the excess (if any) of the amount which would have been treated as ordinary income but for the application of such sections over the amount treated as ordinary income under the last sentence of subsection (a).'' (3) Effective date.--The amendments made by this subsection shall apply to sales of qualified securities on or after the date of the enactment of this Act. (b) Modification to 25-Percent Shareholder Rule.-- (1) In general.--Section 409(n)(1)(B) of such Code is amended to read as follows: ``(B) for the benefit of any other person who owns (after the application of section 318(a)) more than 25 percent of-- ``(i) the total combined voting power of all classes of stock of the corporation which issued such employer securities or of any corporation which is a member of the same controlled group of corporations (within the meaning of subsection (l)(4)) as such corporation, or ``(ii) the total value of all classes of stock of any such corporation.'' (2) Effective date.--The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. SEC. 4. ESOP DIVIDENDS MAY BE REINVESTED WITHOUT LOSS OF DIVIDEND DEDUCTION. (a) In General.--Section 404(k)(2)(A) of the Internal Revenue Code of 1986 (defining applicable dividends) is amended by striking ``or'' at the end of clause (ii), by redesignating clause (iii) as clause (iv), and by inserting after clause (ii) the following new clause: ``(iii) is, at the election of such participants or their beneficiaries-- ``(I) payable as provided in clause (i) or (ii), or ``(II) paid to the plan and reinvested in qualifying employer securities, or''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997.

ESOP Promotion Act of 1997 - Repeals provisions of the Small Business Job Protection Act of 1996 which made certain employee stock ownership plan (ESOP) benefits inapplicable to S corporations (certain small business corporations). Excludes from gross income transfers of qualified securities in connection with the performance of services if such securities are sold to an ESOP within 60 days of the taxable event. Permits ESOP dividends to be reinvested without losing the dividend deduction.

ESOP Promotion Act of 1997

SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES OF ARTIFICIAL FOLIAGE. (a) In General.--Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520) or any other provision of law, U.S. Customs and Border Protection shall, not later than 90 days after the date of the enactment of this Act-- (1) liquidate or reliquidate as free of duty the entries listed in subsection (b); and (2) refund to the importer of record any duties paid on such entries, with interest. (b) Affected Entries.--The entries referred to in subsection (a) are the following: ------------------------------------------------------------------------ Entry number Import date Port Code ------------------------------------------------------------------------ BRL-0006512-4 04/11/2007 2704 ------------------------------------------------------------------------ BRL-0006513-2 04/11/2007 2704 ------------------------------------------------------------------------ BRL-0006929-0 05/04/2007 2704 ------------------------------------------------------------------------ BRL-0007040-5 05/12/2007 2704 ------------------------------------------------------------------------ BRL-0007042-1 05/12/2007 2704 ------------------------------------------------------------------------ BRL-0007162-7 05/15/2007 2704 ------------------------------------------------------------------------ BRL-0007456-3 06/05/2007 2704 ------------------------------------------------------------------------ BRL-0007457-1 06/05/2007 2704 ------------------------------------------------------------------------ BRL-0007458-9 06/01/2007 2704 ------------------------------------------------------------------------ BRL-0007459-7 06/05/2007 2704 ------------------------------------------------------------------------ BRL-0007564-4 06/14/2007 2704 ------------------------------------------------------------------------ BRL-0007602-2 06/17/2007 2704 ------------------------------------------------------------------------ BRL-0007654-3 06/20/2007 2704 ------------------------------------------------------------------------ BRL-0007655-0 06/20/2007 2704 ------------------------------------------------------------------------ BRL-0007657-6 06/20/2007 2704 ------------------------------------------------------------------------ BRL-0007775-6 06/28/2007 2704 ------------------------------------------------------------------------ BRL-0007776-4 06/28/2007 2704 ------------------------------------------------------------------------ BRL-0007917-4 07/07/2007 2704 ------------------------------------------------------------------------ BRL-0008333-3 07/29/2007 2704 ------------------------------------------------------------------------ BRL-0008908-2 08/26/2007 2704 ------------------------------------------------------------------------ BRL-0009051-0 09/05/2007 2704 ------------------------------------------------------------------------ BRL-0009052-8 09/05/2007 2704 ------------------------------------------------------------------------ BRL-0009088-2 08/25/2007 2704 ------------------------------------------------------------------------ BRL-0010234-9 11/21/2007 2704 ------------------------------------------------------------------------ BRL-0010235-6 11/21/2007 2704 ------------------------------------------------------------------------ BRL-0010236-4 11/21/2007 2704 ------------------------------------------------------------------------ BRL-0010237-2 11/21/2007 2704 ------------------------------------------------------------------------ BRL-0010561-5 12/09/2007 2704 ------------------------------------------------------------------------ BRL-0010562-3 12/09/2007 2704 ------------------------------------------------------------------------ BRL-0010563-1 12/09/2007 2704 ------------------------------------------------------------------------ BRL-0010790-0 12/28/2007 2704 ------------------------------------------------------------------------ BRL-0010791-8 12/28/2007 2704 ------------------------------------------------------------------------ BRL-0010792-6 12/28/2007 2704 ------------------------------------------------------------------------ BRL-0011314-8 02/08/2008 2704 ------------------------------------------------------------------------ BRL-0011315-5 02/08/2008 2704 ------------------------------------------------------------------------ BRL-0011316-3 02/08/2008 2704 ------------------------------------------------------------------------ BRL-0011407-0 02/08/2008 2704 ------------------------------------------------------------------------ BRL-0011408-8 02/08/2008 2704 ------------------------------------------------------------------------ BRL-0011409-6 02/08/2008 2704 ------------------------------------------------------------------------ BRL-0011410-4 02/08/2008 2704 ------------------------------------------------------------------------ BRL-0011492-2 02/20/2008 2704 ------------------------------------------------------------------------ BRL-0011551-5 02/17/2008 2704 ------------------------------------------------------------------------ BRL-0011552-3 02/17/2008 2704 ------------------------------------------------------------------------ BRL-0011553-1 02/17/2008 2704 ------------------------------------------------------------------------ JN4-0048839-9 02/06/2007 2704 ------------------------------------------------------------------------ JN4-0048840-7 02/06/2007 2704 ------------------------------------------------------------------------ JN4-0048841-5 02/06/2007 2704 ------------------------------------------------------------------------ JN4-0048842-3 02/06/2007 2704 ------------------------------------------------------------------------ JN4-0048843-1 02/06/2007 2704 ------------------------------------------------------------------------ WU6-1038788-4 02/07/2007 1703 ------------------------------------------------------------------------ WU6-1038801-5 02/08/2007 1703 ------------------------------------------------------------------------ WU6-1039210-8 02/25/2007 1703 ------------------------------------------------------------------------ WU6-1039373-4 03/04/2007 1703 ------------------------------------------------------------------------ WU6-1039558-0 03/18/2007 1703 ------------------------------------------------------------------------ WU6-1039970-7 04/29/2007 1703 ------------------------------------------------------------------------ WU6-1040073-7 05/09/2007 1703 ------------------------------------------------------------------------ WU6-1040226-1 05/10/2007 1703 ------------------------------------------------------------------------ WU6-1040407-7 05/19/2007 1703 ------------------------------------------------------------------------ WU6-1040667-6 06/03/2007 1703 ------------------------------------------------------------------------ WU6-1040732-8 05/30/2007 1703 ------------------------------------------------------------------------ WU6-1040773-2 06/06/2007 1703 ------------------------------------------------------------------------ WU6-1040861-5 06/17/2007 1703 ------------------------------------------------------------------------ WU6-1041102-3 06/30/2007 1703 ------------------------------------------------------------------------ WU6-1041343-3 07/14/2007 1703 ------------------------------------------------------------------------ WU6-1041369-8 07/15/2007 1703 ------------------------------------------------------------------------ WU6-1041537-0 07/25/2007 1703 ------------------------------------------------------------------------ WU6-1041540-4 07/25/2007 1703 ------------------------------------------------------------------------ WU6-1041541-2 07/25/2007 1703 ------------------------------------------------------------------------ WU6-1041580-0 07/28/2007 1703 ------------------------------------------------------------------------ WU6-1041751-7 08/01/2007 1703 ------------------------------------------------------------------------ WU6-1041847-3 08/12/2007 1703 ------------------------------------------------------------------------ WU6-1041905-9 08/19/2007 1703 ------------------------------------------------------------------------ WU6-1041932-3 08/20/2007 1703 ------------------------------------------------------------------------ WU6-1041983-6 08/26/2007 1703 ------------------------------------------------------------------------ WU6-1042085-9 08/29/2007 1703 ------------------------------------------------------------------------ WU6-1043514-7 11/14/2007 1703 ------------------------------------------------------------------------ WU6-1044249-9 12/26/2007 1703 ------------------------------------------------------------------------ WU6-1044940-3 01/30/2008 1703 ------------------------------------------------------------------------

Provides for the liquidation or reliquidation of, and refund of any duties and interest paid on, certain entries of artificial foliage.

A bill to provide for the liquidation or reliquidation of certain entries of artificial foliage.

SECTION 1. SHORT TITLE. This Act may be cited as the ``African Elephant Conservation and Legal Ivory Possession Act''. SEC. 2. REFERENCES. Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a provision of the African Elephant Conservation Act (16 U.S.C. 4201 et seq.). SEC. 3. LIMITED EXEMPTION FOR CERTAIN AFRICAN ELEPHANT IVORY. Section 2203 (16 U.S.C. 4223) is amended-- (1) by inserting ``(a) In General.--'' before the first sentence; (2) by inserting ``and subsection (b) of this section'' after ``2202(e)''; and (3) by adding at the end the following: ``(b) Exemption.--Nothing in this Act or subsection (a) or (d) of section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) shall be construed to prohibit importation or exportation, or to require permission of the Secretary for importation or exportation, of-- ``(1) any raw ivory or worked ivory-- ``(A) imported solely for purposes of becoming part of a museum's permanent collection, return to a lending museum, or display in a museum; or ``(B) exported solely for purposes of-- ``(i) display in a foreign museum; or ``(ii) return to a foreign person who lent such ivory to a museum in the United States; ``(2) any raw ivory or worked ivory that was lawfully importable into the United States on February 24, 2014, regardless of when acquired; or ``(3) any worked ivory that was previously lawfully possessed in the United States.''. SEC. 4. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW ENFORCEMENT OFFICER IN EACH AFRICAN ELEPHANT RANGE COUNTRY. Part I (16 U.S.C. 4211 et seq.) is amended by adding at the end the following: ``SEC. 2105. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW ENFORCEMENT OFFICER IN EACH AFRICAN ELEPHANT RANGE COUNTRY. ``The Secretary, in coordination with the Secretary of State, may station one United States Fish and Wildlife Service law enforcement officer in the primary United States diplomatic or consular post in each African country that has a significant population of African elephants, who shall assist local wildlife rangers in the protection of African elephants and facilitate the apprehension of individuals who illegally kill, or assist the illegal killing of, African elephants.''. SEC. 5. CERTIFICATION FOR THE PURPOSES OF THE FISHERMEN'S PROTECTIVE ACT OF 1967. Section 2202 of the African Elephant Conservation Act (16 U.S.C. 4222) is amended by adding at the end the following: ``(g) Certification.--When the Secretary of the Interior finds that a country, directly or indirectly, is a significant transit or destination point for illegal ivory trade, the Secretary shall certify such fact to the President with respect to the country for the purposes of section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).''. SEC. 6. TREATMENT OF ELEPHANT IVORY. Section 2203 (16 U.S.C. 4223) is further amended by adding at the end the following: ``(c) Treatment of Elephant Ivory.--Nothing in this Act or the Endangered Species Act of 1973 (16 U.S.C. 1538) shall be construed-- ``(1) to prohibit, or to authorize prohibiting, the possession, sale, delivery, receipt, shipment, or transportation of African elephant ivory, or any product containing African elephant ivory, that has been lawfully imported or crafted in the United States; or ``(2) to authorize using any means of determining for purposes of this Act or the Endangered Species Act of 1973 whether African elephant ivory has been lawfully imported, including any presumption or burden of proof applied in such determination, other than such means used by the Secretary as of February 24, 2014.''. SEC. 7. SPORT-HUNTED ELEPHANT TROPHIES. Section 2203 (16 U.S.C. 4223) is further amended by adding at the end the following: ``(d) Sport-Hunted Elephant Trophies.--Nothing in this Act or subsection (a) or (d) of section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) shall be construed to prohibit any citizen or legal resident of the United States, or an agent of such an individual, from importing a sport-hunted African elephant trophy under section 2202(e) of this Act, if the country in which the elephant was taken had an elephant population on appendix II of CITES at the time the trophy elephant was taken. ``(e) Relationship to the Convention.--Nothing in this section shall be construed as modifying or repealing the Secretary's duties to implement CITES and the appendices thereto, or as modifying or repealing section 8A or 9(c) of the Endangered Species Act of 1973 (16 U.S.C. 1537a and 1538(c)).''. SEC. 8. AFRICAN ELEPHANT CONSERVATION ACT FINANCIAL ASSISTANCE PRIORITY AND REAUTHORIZATION. (a) Financial Assistance Priority.--Section 2101 of the African Elephant Conservation Act (16 U.S.C. 4211) is amended by redesignating subsections (e) and (f) as subsections (f) and (g), respectively, and by inserting after subsection (d) the following: ``(e) Priority.--In providing financial assistance under this section, the Secretary shall give priority to projects designed to facilitate the acquisition of equipment and training of wildlife officials in ivory producing countries to be used in anti-poaching efforts.''. (b) Reauthorization.--Section 2306(a) of the African Elephant Conservation Act (16 U.S.C. 4245(a)) is amended by striking ``2007 through 2012'' and inserting ``2018 through 2022''.

African Elephant Conservation and Legal Ivory Possession Act This bill reauthorizes the African Elephant Conservation Act (AECA) through FY2022. Ivory may be imported or exported under the AECA and the Endangered Species Act of 1973 if: (1) the raw ivory or worked ivory is solely for a museum; (2) the raw ivory or worked ivory was lawfully importable into the United States on February 24, 2014, regardless of when it was acquired; or (3) the worked ivory was previously lawfully possessed in the United States. The Department of the Interior may station one U.S. Fish and Wildlife Service law enforcement officer in the primary U.S. diplomatic or consular post in each African country that has significant population of African elephants to assist local wildlife rangers in protecting the elephants and facilitating the apprehension of individuals who illegally kill them or assist in killing them. The President may embargo any products from a country if it is a significant transit or destination point for illegal ivory trade. This bill authorizes: (1) commerce in African elephant ivory or in products containing African elephant ivory that have been lawfully imported or crafted in the United States; and (2) the importation of a sport-hunted African elephant trophy if the trophy was taken from certain elephants populations that at the time were not necessarily threatened with extinction, but may have become so unless trade was closely controlled.

African Elephant Conservation and Legal Ivory Possession Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Satellite Radio Freedom Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Customer.--The term ``customer'' means-- (A) a person or entity that contracts with a provider of satellite digital audio radio service; or (B) if the end user of such satellite digital audio radio service is not such contracting party, the end user of such satellite digital audio radio service, but only for purposes of determining the place of primary use; but does not include a reseller of satellite digital audio radio services. (2) Local taxing jurisdiction.--The term ``local taxing jurisdiction'' means any municipality, city, county, township, parish, transportation district, or assessment jurisdiction, or any other local jurisdiction in the territorial jurisdiction of the United States with the authority to impose a tax or fee, but does not include a State. (3) Place of primary use.--The term ``place of primary use'' means the residential street address or the primary business street address representative of where the customer's use of the satellite digital audio radio service primarily occurs. (4) Provider of satellite digital audio radio service.--The term ``provider of satellite digital audio radio service'' means a person who transmits, broadcasts, sells, or distributes satellite digital audio radio service. (5) Satellite digital audio radio service.--The term ``satellite digital audio radio service'' means any radio communication service provided in the 2320-2345 MHz frequency band pursuant to a license from the Federal Communications Commission. (6) State.--The term ``State'' means any of the several States, the District of Columbia, or any territory or possession of the United States. (7) Supplemental terrestrial repeater.--The term ``supplemental terrestrial repeater'' means a complementary terrestrial transmitter used to retransmit signals received from one or more satellites used to provide satellite digital audio radio service. (8) Tax or fee.--The terms ``tax'' and ``fee'' mean any local sales tax, local use tax, local intangible tax, local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, telecommunications tax, communications tax, or any other tax, license, or fee that is imposed for the privilege of doing business, regulating, or raising revenue for a local taxing jurisdiction, other than ad valorem property taxes. SEC. 3. PREEMPTION OF LOCAL TAXATION WITH RESPECT TO DIGITAL AUDIO RADIO SATELLITE SERVICE. (a) Preemption.-- (1) Exemption from local taxation.--No tax or fee shall be imposed by a local taxing jurisdiction on the provision, purchase, or use of satellite digital audio radio service, or on a provider of satellite digital audio radio service. (2) Exception.--Subsection (a)(1) shall not apply to any tax or fee imposed by any local taxing jurisdiction on satellite digital audio radio service to the extent that a provider of satellite digital audio radio service owns, leases, or otherwise uses a supplemental terrestrial transmitter that is physically located in such jurisdiction. (b) Preservation of State Authority.--This section shall not be construed to prevent taxation of a provider of satellite digital audio radio service by a State or to prevent a local taxing jurisdiction from receiving revenue derived from a tax or fee imposed and collected by a State. SEC. 4. STATE TAXATION OF SATELLITE DIGITAL AUDIO RADIO SERVICES. (a) Limitation.--This section does not provide the authority for a State to impose a tax or fee unless all of the following circumstances exist: (1) The place of primary use is physically located within the physical boundaries of the State. (2) The law of such State authorizes the imposition of such taxes or fees. (b) Charges.-- (1) Sourcing for purposes of state taxes and fees.--All charges for satellite digital audio radio services subject to imposition of taxes or fees by a State shall be sourced to the customer's place of primary use as defined in section 2, regardless of where the satellite digital audio radio service transmission services originate, terminate, or pass through. (2) Sourcing for other purposes.--Notwithstanding the law of any State, all charges for satellite digital audio radio service shall be sourced to the customer's applicable residential street address or the primary business street address of the customer.

Satellite Radio Freedom Act - Prohibits any tax or fee from being imposed by a local taxing jurisdiction on the provision, purchase, or use of satellite digital audio radio service or on a provider of such service. Makes an exception to the extent that a provider of such service owns, leases, or otherwise uses a supplemental terrestrial (land-based) transmitter that is physically located in such jurisdiction.Authorizes State taxation on such service only if: (1) the place of primary use is physically located within the boundaries of the State; and (2) the law of such State authorizes the imposition of such taxes or fees. Requires the charging: (1) of such taxes or fees to be sourced (based) on the customer's place of primary use, regardless of where the services originate, terminate, or pass through; and (2) for such service to be based on the customer's residential street address or primary business address.

To preempt of local taxation with respect to satellite digital audio radio services and to provide for determining State authority for taxation of satellite digital audio radio service.

50, Seventy-ninth Congress. Such regulations shall also grant the option to deduct as expenses intangible drilling and development costs in the case of wells drilled for any geothermal deposit (as defined in section 613(e)(2)) to the same extent and in the same manner as such expenses are deductible in the case of oil and gas wells. This subsection shall not apply with respect to any costs to which any deduction is allowed under section 59(e) or 291. ``(2) Exclusion.-- ``(A) In general.--This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (within the meaning of section 167(h)(5)). ``(B) Amortization of amounts not allowable as deductions under subparagraph (a).--The amount not allowable as a deduction for any taxable year by reason of subparagraph (A) shall be allowable as a deduction ratably over the 60-month period beginning with the month in which the costs are paid or incurred. For purposes of section 1254, any deduction under this subparagraph shall be treated as a deduction under this subsection.''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2015. SEC. 5064. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS WELLS. (a) In General.--Section 613A is amended by adding at the end the following new subsection: ``(f) Application With Respect to Major Integrated Oil Companies.-- In the case of any taxable year in which the taxpayer is a major integrated oil company (within the meaning of section 167(h)(5)), the allowance for percentage depletion shall be zero.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2015. SEC. 5065. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS. (a) In General.--Section 193 is amended by adding at the end the following new subsection: ``(d) Application With Respect to Major Integrated Oil Companies.-- ``(1) In general.--This section shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (within the meaning of section 167(h)(5)). ``(2) Amortization of amounts not allowable as deductions under paragraph (1).--The amount not allowable as a deduction for any taxable year by reason of paragraph (1) shall be allowable as a deduction ratably over the 60-month period beginning with the month in which the costs are paid or incurred.''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2015. TITLE VI--CONSERVATION REAUTHORIZATION SEC. 6001. NATIONAL PARK SERVICE CENTENNIAL FUND. (a) In General.--Chapter 1049 of title 54, United States Code, is amended by adding at the end the following: ``Sec. 104908. National Park Service Centennial Fund ``(a) In General.--There is established in the Treasury a fund, to be known as the `National Park Service Centennial Fund' (referred to in this section as the `Fund'). ``(b) Deposits to Fund.--Notwithstanding any provision of law providing that the proceeds shall be credited to miscellaneous receipts of the Treasury, for each fiscal year, there shall be deposited in the Fund, from revenues due and payable to the United States under section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), $150,000,000. ``(c) Availability.--Amounts deposited in the Fund shall be made available for expenditure, without further appropriation or fiscal year limitation, in accordance with this section. ``(d) Use of Fund.--The Secretary shall use amounts in the Fund for critical National Park System maintenance and infrastructure needs and other projects and programs that will better enable the National Park Service to protect park resources and provide improved visitor services. ``(e) Land Acquisition Prohibition.--Amounts in the Fund shall not be used for land acquisition.''. (b) Clerical Amendment.--The table of sections for chapter 1049 of title 54, United States Code, is amended by inserting after the item relating to section 104907 the following: ``Sec. 104908. National Park Service Centennial Fund.''. SEC. 6002. LAND AND WATER CONSERVATION FUND. (a) Permanent Authorization.--Section 200302 of title 54, United States Code, is amended-- (1) in subsection (b), in the matter preceding paragraph (1), by striking ``During the period ending September 30, 2015, there'' and inserting ``There''; and (2) in subsection (c)-- (A) in paragraph (1), by striking ``through September 30, 2015''; and (3) by striking paragraph (3). (b) Full Funding.--Section 200303 of title 54, United States Code, is amended to read as follows: ``Sec. 200303. Availability of funds ``(a) In General.--Amounts deposited in the Fund under section 200302 on or after the date of enactment of the American Energy Innovation Act shall be made available for expenditure, without further appropriation or fiscal year limitation, to carry out the purposes of the Fund (including accounts and programs made available from the Fund under the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235)). ``(b) Additional Amounts.--Amounts made available under subsection (a) shall be in addition to amounts made available to the Fund under section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) or otherwise appropriated from the Fund. ``(c) Allocation Authority.-- ``(1) Submission of cost estimates.--The President shall submit to Congress detailed account, program, and project allocations to be funded under subsection (a) as part of the annual budget submission of the President. ``(2) Alternate allocation.-- ``(A) In general.--Appropriations Acts may provide for alternate allocation of amounts made available under subsection (a), including allocations by account and program. ``(B) Allocation by president.-- ``(i) No alternate allocations.--If Congress has not enacted legislation establishing alternate allocations by the date that is 120 days after the date on which the applicable fiscal year begins, amounts made available under subsection (a) shall be allocated by the President. ``(ii) Insufficient alternate allocation.-- If Congress enacts legislation establishing alternate allocations for amounts made available under subsection (a) that are less than the full amount appropriated under that subsection, the difference between the amount appropriated and the alternate allocation shall be allocated by the President. ``(3) Annual report.--The President shall submit to Congress an annual report that describes the final allocation by account, program, and project of amounts made available under subsection (a), including a description of the status of obligations and expenditures.''. (c) Clerical Amendment.--The table of sections for title 54 is amended by striking the item relating to section 200303 and inserting the following: ``Sec. 200303. Availability of funds.''. (d) Public Access.--Section 200306 of title 54, United States Code, is amended by adding at the end the following: ``(c) Public Access.--Not less than 1.5 percent of the annual authorized funding amount shall be made available each year for projects that secure recreational public access to existing Federal public land for hunting, fishing, or other recreational purposes.''. SEC. 6003. HISTORIC PRESERVATION FUND. (a) Authorization.--Section 303102 of title 54, United States Code, is amended by striking ``of fiscal years 2012 to 2015'' and inserting ``fiscal year''. (b) Use and Availability.--Section 303103 of title 54, United States Code, is amended by striking the first sentence and inserting the following: ``Amounts deposited in the Historic Preservation Fund on or after the date of enactment of the American Energy Innovation Act shall only be used to carry out this division and shall be available for expenditure without further appropriation.''.

American Energy Innovation Act This bill encourages and establishes requirements concerning: energy efficiency in the electricity grid, the manufacturing sector, certain vehicles and trucks, buildings, homes, and the federal government; protection of the bulk-power system from cybersecurity threats; the security and resiliency of the energy network and applications, including electric, natural gas, and oil exploration, transmission, and delivery; the modernization of energy infrastructure at the federal and state level; the development or deployment of alternative energies; and water conservation measures. The bill establishes: (1) a nonbinding goal to reduce greenhouse gas emissions 2% per year on average through 2025, and (2) a federal energy efficiency resource standard for retail electricity and natural gas suppliers. The bill repeals royalty relief for leases in the Outer Continental Shelf with respect to the production of oil or gas from deep water production or ultra deep wells in shallow waters. The Department of Interior must: (1) prevent venting and flaring of gases in oil and natural gas production operations on federal land, and (2) promote the capture of beneficial use or reinjection of gas in those operations. Interior must establish an annual production incentive fee with respect to public land that is subject to a lease for production of oil or natural gas under which production is not occurring. The bill reauthorizes through FY2020 the Department of Energy's: (1) Weatherization Assistance Program, (2) State Energy Program, (3) basic research, and (4) the Advanced Research Projects Agency-Energy. The bill also revises and reauthorizes the Water Desalination Act of 1996. The bill amends the Internal Revenue Code to: (1) provide tax incentives for producing clean energy and for reducing energy use in homes or commercial buildings, (2) extend through 2017 energy-related tax credits, (3) subject oil derived from tar sands to an excise tax, and (4) repeal certain oil and gas tax subsidies for major integrated oil companies. The bill: (1) establishes the National Park Service Centennial Fund, and (2) permanently reauthorizes the Land and Water Conservation Fund and the Historic Preservation Fund.

American Energy Innovation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Accounting Act of 2006''. SEC. 2. PREPARATION OF NET PRESENT VALUE CALCULATION OF MAJOR LIABILITIES AND COMMITMENTS OF THE FEDERAL GOVERNMENT. (a) In General.--Section 331(e) of title 31, United States Code, is amended by adding at the end the following: ``(3) Net present value calculation and other calculations.-- ``(A) Matters covered.--The financial statement shall include a calculation under policies in effect during the fiscal year covered by the statement of the net present value of the overall liabilities and commitments of the United States Government. The calculation shall include-- ``(i) the outstanding debt held by the public; ``(ii) calculations of the net present value of commitments and receipts of the Federal Old-Age and Survivors Insurance (OASI) Trust Fund, the Federal Disability Insurance (DI) Trust Fund, the Federal Hospital Insurance (HI) Trust Fund, and the Federal Supplementary Medical Insurance (SMI) Trust Fund using the most recent available long-term, intermediate projections by the Trustees of such Trust Funds of revenues, expenditures, and discount factors, as represented in such annual reports; ``(iii) calculations of the net present value of commitments and receipts of the Railroad Retirement and Black Lung (part C) programs; ``(iv) calculations of the net present value of commitments and receipts of the Federal retirement and health insurance systems, both civil and military. ``(B) Time horizon.--(i) For each calculation under subparagraph (A), calculations shall be provided for-- ``(I) a 75-year horizon; and ``(II) an indefinite time horizon. ``(ii) For the 75-year horizon under clause (i)(I), each calculation shall take each year's projected expenditures minus revenues, divide this difference by the projected discount factor for that year, and add the resulting 75 annual discounted flows to obtain the program's net present value imbalance. The long-term discount and growth rates used in these calculations shall be discussed in the financial statement and shall be consistent with those used by the Department of Treasury and other Government agencies with regard to other long-term financial calculations. For purposes of the calculations in clauses (ii), (iii), and (iv) of subparagraph (A), revenues shall include payroll taxes as allocated by law to the respective Trust Funds (currently the case for OASI, DI, and HI), participant premiums and State transfer income (for SMI), general revenue receipts from the taxation of benefits, as currently allocated by law to the OASI, DI, and HI Trust Funds, and funding for the Federal retirement and health insurance systems, both civil and military. For purposes of this calculation, revenues shall not include interest income on Trust Fund and transfers of general revenue to SMI, Social Security, or Medicare. ``(iii) For the indefinite time horizon under clause (i)(II), the calculations shall follow the procedures provided in clause (ii), but shall be based on extended projections for a number of years sufficiently beyond 75 years that would result in the present value sum increasing by less than 0.05 percent if an additional year were added to the projection. ``(C) Generational imbalance calculation.--The financial statement shall include a program-by-program calculation under policies in effect during the fiscal year covered by the statement of the net present value of benefits and projected benefits to current participants of the programs described in clauses (ii), (iii), and (iv) of subparagraph (A), including the present value of projected benefits to current participants, less the present value of projected contributions and earmarked taxes paid by, or on behalf of, current participants less the current trust fund balances. ``(D) Fiscal imbalance calculation.--The financial statement shall include a program-by-program calculation under policies in effect during the fiscal year covered by the statement of the net present value of benefits and projected benefits to current and future participants of the programs described in clauses (ii), (iii), and (iv) of subparagraph (A), including the present value of projected benefits to current and future participants over the indefinite horizon, less the present value of projected contributions and earmarked taxes paid by, or on behalf of, current and future participants over the indefinite horizon, less the current trust fund balances. ``(E) Presentation of public debt.--The financial statement shall include the total amount of outstanding public debt (included in the statement pursuant to subparagraph (A)(i)), plus the total amount of fiscal imbalance calculations (included in the statement pursuant to subparagraph (D)), set forth separately by amount of debt per person, per fulltime worker, and per household. ``(F) Methods used.--The financial statement shall include the assumptions and details of the methods used in making the calculations required under subparagraph (A). It shall separately identify and provide a detailed description of the methods and assumptions used in making projections of tax revenues, premiums, other receipts from all sources, including inter-fund transfers and interest income on securities held in trust funds, benefit outlays distinguished by the type of benefit, and administrative expenses. The financial statement shall also provide details regarding demographic assumptions (such as fertility, mortality, immigration, and labor-force participation rates), dependency ratios, and economic assumptions (such as trust fund interest rates, discount rates, revenue and benefit growth rates, health-care expenditure growth rates, productivity growth rates, and inflation rates). The information should include a description of all other intermediate steps and variables used and projected in making the calculations.''. (b) Effective Date.--The information required under paragraph (3) of section 331(e) of title 31, United States Code, as added by subsection (a), shall be included in the first financial statement required under that section after the date of the enactment of this Act.

Truth in Accounting Act of 2006 - Amends federal law to require the Secretary of the Treasury to include in his audited financial statement of the previous year a calculation of the net present value of the overall liabilities and commitments of the U.S. government.

To amend title 31, United States Code, to require certain additional calculations to be included in the annual financial statement submitted under section 331(e) of that title.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Insular Areas Consolidation Act of 1996''. SEC. 2. DEFINITIONS. In this Act: (1) Baker island.--The term ``Baker Island'' means all of the islands and appurtenant reefs at the parallel of 0 degrees, 11 to 13 minutes, of latitude north of the Equator and at the meridian of 176 degrees, 27 to 30 minutes, of longitude west of Greenwich, England, and the territorial waters of the islands and reefs. (2) Howland island.--The term ``Howland Island'' means all of the islands and appurtenant reefs at the parallel of 0 degrees, 46 to 50 minutes, of latitude north of the Equator and at the meridian of 176 degrees, 37 to 39 minutes, of longitude west of Greenwich, England, and the territorial waters of the islands and reefs. (3) Included area.--The term ``included area'' means the area included in the State of Hawaii under section 3(a). (4) Jarvis island.--The term ``Jarvis Island'' means all of the islands and appurtenant reefs at the parallel of 0 degrees, 22 to 24 minutes, of latitude south of the Equator and at the meridian of 160 degrees, 0 to 3 minutes, of longitude west of Greenwich, England, and the territorial waters of the islands and reefs. (5) Johnston atoll.--The term ``Johnston Atoll'' means all of the islands and appurtenant reefs at the parallel of 16 degrees, 40 to 48 minutes, of latitude north of the Equator and at the meridian of 169 degrees, 24 to 36 minutes, of longitude west of Greenwich, England, and the territorial waters of the islands and reefs. (6) Kingman reef.--The term ``Kingman Reef'' means all of the territory and appurtenant reefs at the parallel of 6 degrees, 22 to 27 minutes, of latitude north of the Equator and at the meridian of 162 degrees, 22 to 25 minutes, of longitude west of Greenwich, England, and the territorial waters of the islands and reefs. (7) Midway islands.--The term ``Midway Islands'' means all of the islands and appurtenant reefs at the parallel of 28 degrees, 10 to 18 minutes, of latitude north of the Equator and at the meridian of 177 degrees, 16 to 28 minutes, of longitude west of Greenwich, England, and the territorial waters of the islands and reefs. (8) Palmyra atoll.--The term ``Palmyra Atoll'' means all of the islands and appurtenant reefs at the parallel of 5 degrees, 51 to 54 minutes, of latitude north of the Equator and at the meridian of 162 degrees, 0 to 11 minutes, of longitude west of Greenwich, England, and the territorial waters of the islands and reefs. SEC. 3. ADDITIONS TO STATE OF HAWAII. (a) In General.--The State of Hawaii shall include Baker Island, Jarvis Island, Howland Island, Johnston Atoll, Kingman Reef, the Midway Islands, and Palmyra Atoll. (b) Jurisdiction.--The included area shall be subject to the jurisdiction of the State of Hawaii to the same extent as and in the same manner that the jurisdiction of the State applies to all other areas within the State. (c) Rights of United States.--The inclusion of the included area in the State of Hawaii under this section shall be subject to all rights of use, ownership, management, and operation by the Government of the United States that exist on the date of enactment of this Act. SEC. 4. CONFORMING AMENDMENTS. (a) Hawaii Statehood Act.--Section 2 of 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; 48 U.S.C. prec. 491), is amended by striking all that follows ``enactment of this Act'' and inserting a period. (b) Exemption From Provisions Relating to the Guano Islands.--Title LXXII of the Revised Statutes (48 U.S.C. 1411 et seq.) shall not apply to the included area. SEC. 5. ACCEPTANCE BY STATE OF HAWAII. (a) Acceptance by State of Hawaii.--Sections 3 and 4 shall not take effect unless not later than 1 year after the date of enactment of this Act (unless the Secretary of the Interior and the Governor of the State of Hawaii agree to an extension), the Governor of the State of Hawaii certifies to the President that the State of Hawaii accepts all or part of the included area. (b) Proclamation by the President.--Not later than 30 days after receiving the certification described in subsection (a), the President shall issue a proclamation of the new geographical jurisdiction of the State of Hawaii. (c) Effective Date.--Sections 3 and 4 shall take effect on the issuance of the proclamation described in subsection (b). SEC. 6. USE OF INCLUDED AREA. Nothing in this Act authorizes, approves, or suggests the appropriateness of any change in the use that is being made on the date of enactment of this Act of any of the included area. SEC. 7. INDEMNITY. The United States shall indemnify, defend, and hold harmless the State of Hawaii from any claim arising from the ownership of lands and waters in the included area (including structures and other improvements) or the operation by the United States of any facilities or equipment in the included area before the date of issuance of the proclamation described in subsection (b).

Insular Areas Consolidation Act of 1996 - Includes named areas as additions to the State of Hawaii.

Insular Areas Consolidation Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Workplace and Community Transition Training for Incarcerated Youth Offenders Act of 2005''. SEC. 2. GRANTS TO STATES FOR IMPROVED WORKPLACE AND COMMUNITY TRANSITION TRAINING FOR INCARCERATED YOUTH OFFENDERS. Section 821 of the Higher Education Amendments of 1998 (20 U.S.C. 1151) is amended to read as follows: ``SEC. 821. GRANTS TO STATES FOR IMPROVED WORKPLACE AND COMMUNITY TRANSITION TRAINING FOR INCARCERATED YOUTH OFFENDERS. ``(a) Findings.--Congress makes the following findings: ``(1) Almost 60 percent of the prison population in 2002 was less than 35 years old. ``(2) Less than 32 percent of State prison inmates have a high school diploma or a higher level of education, compared to 82 percent of the general population. ``(3) Approximately 38 percent of inmates who completed 11 years or less of school were not working before entry into prison. ``(4) The percentage of State prisoners participating in educational programs has decreased by more than 8 percent over the period 1991-1997, despite growing evidence of how educational programming while incarcerated reduces recidivism. ``(5) Among inmates released from prison in 1999, the average time served in prison for the current offense was 29 months, compared with 22 months served by those released from prison in 1990. Time spent in prison provides a unique opportunity for education and training. ``(6) At least 95 percent of all State prisoners will be released from prison at some point. ``(7) In 2001, 592,000 offenders were released from State prison, a 46 percent increase over the 405,400 offenders that were released in 1990. ``(8) The average age of prisoners released to parole increased from 31 years in 1990 to 34 years in 1999. ``(9) Approximately 62 percent of State prisoners will be rearrested within 3 years, with 41 percent returning to prison or jail. ``(10) The recidivism rate for those inmates that participate in education programs while incarcerated is approximately 10 percent lower than non-participants. ``(11) Even with quality education and training provided during incarceration, a period of intense supervision, support, and counseling is needed upon release to ensure effective reintegration of youth offenders into society. ``(b) Definition.--For purposes of this section, the term `youth offender' means a male or female offender under the age of 35, who is incarcerated in a State prison, including a prerelease facility. ``(c) Grant Program.--The Secretary of Education (in this section referred to as the `Secretary')-- ``(1) shall establish a program in accordance with this section to provide grants to the State correctional education agencies in the States, from allocations for the States under subsection (i), to assist and encourage youth offenders to acquire functional literacy, life, and job skills, through-- ``(A) the pursuit of a postsecondary education certificate, or an associate or bachelor's degree while in prison; and ``(B) employment counseling and other related services which start during incarceration and end not later than 1 year after release from confinement; and ``(2) may establish such performance objectives and reporting requirements for State correctional education agencies receiving grants under this section as the Secretary determines are necessary to assess the effectiveness of the program under this section. ``(d) Application.--To be eligible for a grant under this section, a State correctional education agency shall submit to the Secretary a proposal for a youth offender program that-- ``(1) identifies the scope of the problem, including the number of youth offenders in need of postsecondary education and vocational training; ``(2) lists the accredited public or private educational institution or institutions that will provide postsecondary educational services; ``(3) lists the cooperating agencies, public and private, or businesses that will provide related services, such as counseling in the areas of career development, substance abuse, health, and parenting skills; ``(4) describes specific performance objectives and evaluation methods (in addition to, and consistent with, any objectives established by the Secretary under subsection (c)(2)) that the State correctional education agency will use in carrying out its proposal, including-- ``(A) specific and quantified student outcome measures that are referenced to outcomes for non- program participants with similar demographic characteristics; and ``(B) measures, consistent with the data elements and definitions described in subsection (e)(1)(A), of-- ``(i) program completion, including an explicit definition of what constitutes a program completion within the proposal; ``(ii) knowledge and skill attainment, including specification of instruments that will measure knowledge and skill attainment; ``(iii) attainment of employment both prior to and subsequent to release; ``(iv) success in employment indicated by job retention and advancement; and ``(v) recidivism, including such subindicators as time before subsequent offense and severity of offense; ``(5) describes how the proposed programs are to be integrated with existing State correctional education programs (such as adult education, graduate education degree programs, and vocational training) and State industry programs; ``(6) describes how the proposed programs will have considered or will utilize technology to deliver the services under this section; and ``(7) describes how students will be selected so that only youth offenders eligible under subsection (f) will be enrolled in postsecondary programs. ``(e) Program Requirements.--Each State correctional education agency receiving a grant under this section shall-- ``(1) annually report to the Secretary regarding-- ``(A) the results of the evaluations conducted using data elements and definitions provided by the Secretary for the use of State correctional education programs; ``(B) any objectives or requirements established by the Secretary pursuant to subsection (c)(2); and ``(C) the additional performance objectives and evaluation methods contained in the proposal described in subsection (d)(4) as necessary to document the attainment of project performance objectives; and ``(2) expend on each participating eligible student for an academic year, not more than the maximum Federal Pell Grant funded under section 401 of the Higher Education Act of 1965 for such academic year, which shall be used for-- ``(A) tuition, books, and essential materials; and ``(B) related services such as career development, substance abuse counseling, parenting skills training, and health education. ``(f) Student Eligibility.--A youth offender shall be eligible for participation in a program receiving a grant under this section if the youth offender-- ``(1) is eligible to be released within 5 years (including a youth offender who is eligible for parole within such time); and ``(2) is 35 years of age or younger. ``(g) Length of Participation.--A State correctional education agency receiving a grant under this section shall provide educational and related services to each participating youth offender for a period not to exceed 5 years, 1 year of which may be devoted to study in a graduate education degree program or to remedial education services for students who have obtained a secondary school diploma or its recognized equivalent. Educational and related services shall start during the period of incarceration in prison or prerelease, and the related services may continue for not more than 1 year after release from confinement. ``(h) Education Delivery Systems.--State correctional education agencies and cooperating institutions shall, to the extent practicable, use high-tech applications in developing programs to meet the requirements and goals of this section. ``(i) Allocation of Funds.--From the funds appropriated pursuant to subsection (j) for each fiscal year, the Secretary shall allot to each State an amount that bears the same relationship to such funds as the total number of students eligible under subsection (f) in such State bears to the total number of such students in all States. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for fiscal year 2006 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Improved Workplace and Community Transition Training for Incarcerated Youth Offenders Act of 2005 - Amends the Higher Education Amendments of 1998 to authorize the Secretary of Education to establish performance objectives and reporting requirements necessary to assess program effectiveness for state correctional education agencies receiving grants for transition training for incarcerated youth offenders. Requires grant applications to describe specific performance objectives and evaluation methods that the state agency will use, including: (1) specific and quantified student outcome measures that are referenced to outcomes for non-program participants with similar demographic characteristics; and (2) measures of program completion, knowledge and skill attainment, attainment of and success in employment, and recidivism. Requires descriptions of how the proposed programs will consider or utilize technology. Directs each state agency receiving a grant to: (1) report annually to the Secretary on the results of the evaluations and additional performance objectives and on evaluation methods as necessary to document the attainment of performance objectives; and (2) expend on each participating eligible student for an academic year not more than the maximum federal Pell grant for such year, which shall be used for tuition, books, essential materials, and related services such as career development, substance abuse counseling, parenting skills training, and health education. Makes youth offenders age 35 (currently, 25) or younger eligible for participation. Allows related services to continue for up to one year after release from confinement.

A bill to provide grants to States for improved workplace and community transition training for incarcerated youth offenders.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Qualifying Renewable Chemical Production or Investment Tax Credit Act of 2015''. SEC. 2. CREDITS FOR PRODUCTION OF RENEWABLE CHEMICALS AND INVESTMENTS IN RENEWABLE CHEMICAL PRODUCTION FACILITIES. (a) Production of Renewable Chemicals.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CREDIT FOR PRODUCTION OF RENEWABLE CHEMICALS. ``(a) In General.--For purposes of section 38, the production credit for renewable chemicals for any taxable year is an amount (determined separately for each renewable chemical produced by the taxpayer) equal to $0.15 per pound of biobased content of renewable chemical produced by the taxpayer during the taxable year. ``(b) Limitation.--The amount of the credit determined under subsection (a) with respect to a renewable chemical produced by the taxpayer during any taxable year shall not exceed the credit amount allocated for purposes of this section by the Secretary to the taxpayer with respect to such chemical for such taxable year under section 48E(e). ``(c) Biobased Content.--For purposes of this section, the term `biobased content' means, with respect to any renewable chemical, the biobased content of the total mass of organic carbon in such chemical (expressed as a percentage), determined by testing representative samples using the American Society for Testing and Materials (ASTM) D6866. ``(d) Renewable Chemical.--For purposes of this section-- ``(1) In general.--The term `renewable chemical' means any chemical which-- ``(A) is produced by the taxpayer in the United States (or in a territory or possession of the United States) from renewable biomass. For purposes of this section, the term `renewable biomass' has the meaning given such term in section 9001(13) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101(13)); ``(B) is sold, or used, by the taxpayer-- ``(i) for the production of chemical products, polymers, plastics, or formulated products, or ``(ii) as chemicals, polymers, plastics, or formulated products; ``(C) the biobased content percentage of which is 95 percent or higher; ``(D) is the product of, or reliant upon, biological conversion, thermal conversion, or a combination of biological and thermal conversion, of renewable biomass; ``(E) is not sold or used for the production of any food, feed, or fuel; ``(F) is not a combination of renewable chemicals on the list under subparagraph (G) (or added to the list under paragraph (2)) for which a credit has been taken under this section or section 48E; and ``(G) is included on the following list of renewable chemicals eligible for credit: acetic acid; acrylic acid; acyl glutamate; adipic acid; algae oils; algae sugars; aromatics; 1,4-butanediol (BDO); iso- butanol; n-butanol; carboxylic acids; cellulosic sugar; diethyl methylene malonate; ethyl acetate; farnesene; gamma-butyrolactone; hexamethylenediamine (HMD); 3- hydroxy propionic acid; glucaric acid; C10 hydrocarbons; isoprene; itaconic acid; ketals; levulinic acid; olefins; polyhydroxyalkonate (PHA); polylactic acid (PLA); polyitaconic acid; polyols from vegetable oils; poly(xylitan levulinate ketal); 1,3- propanediol; 1,2-propanediol; succinic acid; terpenes; thiols; p-xylene. ``(2) Additional renewable chemicals.--The Secretary may add chemicals to the list of renewable chemicals established in paragraph (1)(G). Not later than 180 days after the enactment of this section, the Secretary, in consultation with the Secretary of Agriculture, shall establish a program to consider applications from taxpayers to add renewable chemicals to the list. Any chemical added to the list must meet the requirements set forth in subparagraphs (A) through (F) of paragraph (1). ``(e) Coordination With Investment Credit for Renewable Chemical Production Facilities.--See section 48E(f) for rules coordinating section 48E with this section. ``(f) Termination.--Notwithstanding any other provision of this section, the Secretary may not allocate any credit amount under this section to any taxable year which begins more than 5 years after the date of the enactment of this section.''. (2) Credit to be part of general business credit.-- Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the renewable chemicals production credit determined under section 45S(a).''. (b) Investment Credit in Lieu of Production Credit.-- (1) In general.--Section 46 of such Code is amended by striking ``and'' at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting ``, and'', and by adding at the end the following new paragraph: ``(6) the renewable chemical production facilities credit.''. (2) Renewable chemical production facilities credit.-- Subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after section 48D the following: ``SEC. 48E. INVESTMENT CREDIT FOR RENEWABLE CHEMICAL PRODUCTION FACILITIES. ``(a) In General.--For purposes of section 46, the renewable chemical production facilities credit for any taxable year is an amount equal to 30 percent of the basis of any eligible property which is a part of a renewable chemical production facility placed in service by the taxpayer during such taxable year. ``(b) Limitation.--The amount of the credit determined under subsection (a) with respect to a renewable chemical production facility of the taxpayer during any taxable year shall not exceed the credit amount allocated for purposes of this section by the Secretary to the taxpayer for such taxable year under subsection (e). ``(c) Renewable Chemical Production Facility.--For purposes of this section-- ``(1) In general.--The term `renewable chemical production facility' means a facility used to produce renewable chemicals-- ``(A) which is owned by the taxpayer, ``(B) which is originally placed after the date of the enactment of this section and before the first day of the taxable year which begins 6 years after the date of the enactment of this section, and ``(C) with respect to which-- ``(i) no credit has been allowed under section 45S, and ``(ii) the taxpayer makes an irrevocable election to have this section apply to such facility. ``(2) Eligible property.--The term `eligible property' means any property-- ``(A) which is-- ``(i) tangible personal property, or ``(ii) other tangible property (not including a building or its structural components), but only if such property is used as an integral part of the renewable chemical production facility, and ``(B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable. ``(3) Renewable chemical.--The term `renewable chemical' has the meaning given such term by section 45S(d). ``(d) Special Rules.-- ``(1) Denial of production credit.--No credit shall be allowed under section 45S for any taxable year with respect to any renewable chemical production facility. ``(2) Certain qualified progress expenditures rules made applicable.--Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990 shall apply for purposes of this section. ``(e) National Limitation on Credits for Renewable Chemicals.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Agriculture, shall establish a program to allocate credit amounts under this section and section 45S to applicants for taxable years. ``(2) Limitations.-- ``(A) Aggregate limitation.--The total amount of credits that may be allocated under such program shall not exceed $500,000,000. ``(B) Taxpayer limitation.--The amount of credits that may be allocated to any taxpayer for any taxable year under such program shall not exceed $25,000,000. For purposes of the preceding sentence, 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 one person. ``(3) Selection criteria.--In determining which taxpayers to make allocations of credit amount under such program, the Secretary shall take into consideration-- ``(A) the number of jobs created and maintained (directly and indirectly) in the United States (including territories and possessions of the United States) as result of such allocation during the credit period and thereafter, ``(B) the degree to which the production of the renewable chemical demonstrates reduced dependence on imported feedstocks, petroleum, non-renewable resources, or other fossil fuels, ``(C) the technological innovation involved in the production method of the renewable chemical, ``(D) the energy efficiency and reduction in lifecycle greenhouse gases of the renewable chemical or of the production method of the renewable chemical, and ``(E) whether there is a reasonable expectation of commercial viability. ``(4) Redistribution.--If a credit amount allocated to a taxpayer for a taxable year with respect to any renewable chemical or renewable chemical production facility (determined without regard to this paragraph) exceeds the amount of the credit with respect to such chemical determined under this section on the taxpayer's return for such taxable year-- ``(A) the credit amount allocated to such taxpayer for such taxable year with respect to such renewable chemical shall be treated as being the amount so determined on the taxpayer's return, and ``(B) such excess may, subject to subsection (e), be reallocated by the Secretary consistent with the requirements of paragraphs (2)(B) and (3). ``(5) Disclosure of allocations.--The Secretary shall, upon making an allocation of credit amount under this section, publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant. ``(f) Coordination With Production Credit for Renewable Chemicals.-- ``(1) In general.--If a taxpayer makes an election under paragraph (2) with respect to a renewable chemical production facility, a credit shall not be allowed under section 45S for any renewable chemical produced by such facility. ``(2) Election.--If no credit has been allowed under section 45S with respect to a renewable chemical produced by a renewable chemical production facility, a taxpayer may make an irrevocable election to have this section apply with respect to such facility in lieu of section 45S with respect to such renewable chemical. ``(g) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary to carry out this section and section 45S. ``(h) Termination.--The Secretary may not allocate any credit amount under this section to any taxable year which begins more than 5 years after the date of the enactment of this section.''. (c) Credits Allowable Against Alternative Minimum Tax.-- Subparagraph (B) of section 38(c)(4) of such Code is amended by redesignating clauses (vii) through (ix) as clauses (ix) through (xi), respectively, and by inserting after clause (vi) the following new clauses: ``(vii) the credit determined under section 45S, ``(viii) the credit determined under section 46 to the extent that such credit is attributable to the renewable chemical production facilities credit under section 48E,''. (d) Clerical Amendments.-- (1) 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. 45S. Credit for production of renewable chemicals.''. (2) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 48E. Investment credit for renewable chemical production facilities.''. (e) Effective Dates.-- (1) Production credit.--The amendments made by subsection (a) shall apply to renewable chemicals produced after the date of the enactment of this Act, in taxable years ending after such date. (2) Investment credit.--The amendments made by subsection (b) shall apply to renewable chemical production facilities placed in service after the date of the enactment of this Act, in taxable years ending after such date.

Qualifying Renewable Chemical Production or Investment Tax Credit Act of 2015 This bill amends the Internal Revenue Code to allow a business-related tax credit for the production of renewable chemicals. The bill defines "renewable chemical" as any chemical that: (1) is produced in the United States from renewable biomass; (2) is sold or used for the production of chemical products, polymers, plastics, or formulated products or as chemicals, polymers, plastics, or formulated products; (3) has a biobased content of 95% or higher; (4) is the product of, or reliant upon, biological or thermal conversion of renewable biomass; (5) is not sold or used for the production of any food, feed, or fuel; and (6) is not a combination of certain specified renewable chemicals. The bill also allows a tax credit for investment in renewable chemical production facilities. The bill requires the Department of the Treasury to establish a program to allocate renewable chemical tax credit amounts to eligible taxpayers and imposes an aggregate limit on the amount of credits that may be allocated to not more than $500 million during the 5-year period after enactment of this Act.

Qualifying Renewable Chemical Production or Investment Tax Credit Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Safety and Toxicology Modernization Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Preclinical testing serves a fundamental role in characterizing the potential risks and benefits associated with regulated medicines and products. (2) Critical gaps remain in the understanding of the relationship between patient response and preclinical findings. (3) Serious, rare, and unexpected adverse events may be observed in clinical trials or postapproval, particularly toxicology effects not identified in animals that may harm human organs. (4) Patient efficacy, safety, dosage information, and speedier access to new medicines will benefit from models that are more predictive than animals and that mimic key elements of human organs. (5) A 2011 report by the Food and Drug Administration, entitled ``Advancing Regulatory Science at FDA'', prioritized toxicology testing and the development of models of human adverse response as one of the areas of regulatory science where new or enhanced engagement by the agency is essential to the continued success of the public health and regulatory mission of the Food and Drug Administration. (6) The Food and Drug Administration's 2016 draft commitment letter concerning the reauthorization of fees relating to drugs under part 2 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379g et seq.) proposes a process to add new preclinical models that will not be finalized until at least 2021. (7) Peer-reviewed data is readily available to illustrate the benefits of commercially available human tissue models to improve the drug discovery process by replicating key elements of living human tissue. (8) The Food and Drug Administration should take immediate steps to validate new models, including three-dimensional human tissue models, that improve regulatory decisionmaking in preclinical, clinical, labeling, and postmarket safety and efficacy testing, or other uses by product sponsors. SEC. 3. GUIDANCE WITH RESPECT TO THREE-DIMENSIONAL HUMAN TISSUE MODELS. (a) In General.--Not later than December 31, 2018, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue guidance addressing-- (1) the development and use of novel tools for toxicology and efficacy testing, including three-dimensional human tissue models; and (2) the use of three-dimensional human tissue models for preclinical, clinical, and postmarket safety and efficacy testing, labeling, or other uses by product sponsors. (b) Periodic Updates.--The Secretary shall periodically update the guidance issued under subsection (a). SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to prohibit or limit the use of three-dimensional human tissue models by product sponsors with respect to-- (1) obtaining approval or licensure of a drug or biological product, including a combination product, under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351 of the Public Health Service Act (42 U.S.C. 262); or (2) meeting the requirements of a regulatory decision issued by the Secretary of Health and Human Services. SEC. 5. DEFINITIONS. In this Act: (1) Biological product.--The term ``biological product'' has the meaning given such term in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (2) Combination product.--The term ``combination product'' means a combination product described in section 503(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(g)). (3) Drug.--The term ``drug'' has the meaning given such term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (4) Three-dimensional human tissue model.--The term ``three-dimensional human tissue model'' means a three- dimensional model that-- (A) approximates human tissue composition and physiology using spatially controlled deposition of adult human cells or cell-containing materials in user- defined, geometric patterns; (B) can be used to detect toxicity that is not identifiable in animal models; (C) can be used to test the efficacy of a drug that is not possible or not able to be sufficiently tested in an animal model; and (D) can predict toxicity in clinical testing or detect toxicity in known clinical failures.

Patient Safety and Toxicology Modernization Act of 2016 This bill requires the Food and Drug Administration to issue and periodically update guidance on: (1) novel tools for testing the toxicology and efficacy of medications, and (2) three-dimensional human tissue models.

Patient Safety and Toxicology Modernization Act of 2016

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Department of Energy Laboratory Modernization and Technology Transfer Act of 2014''. (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. Savings clause. TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY Sec. 101. Under Secretary for Science and Energy. Sec. 102. Technology transfer assessment. Sec. 103. Sense of Congress. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS Sec. 201. Agreements for Commercializing Technology pilot program. Sec. 202. Public-private partnerships for commercialization. Sec. 203. Inclusion of early-stage technology demonstration in authorized technology transfer activities. Sec. 204. Funding competitiveness for institutions of higher education and other nonprofit institutions. Sec. 205. Participation in the Innovation Corps program. TITLE III--ASSESSMENT OF IMPACT Sec. 301. Report by Government Accountability Office. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Energy. (2) National laboratories.--The term ``National Laboratory'' means a Department of Energy nonmilitary national laboratory, including-- (A) Ames Laboratory; (B) Argonne National Laboratory; (C) Brookhaven National Laboratory; (D) Fermi National Accelerator Laboratory; (E) Idaho National Laboratory; (F) Lawrence Berkeley National Laboratory; (G) National Energy Technology Laboratory; (H) National Renewable Energy Laboratory; (I) Oak Ridge National Laboratory; (J) Pacific Northwest National Laboratory; (K) Princeton Plasma Physics Laboratory; (L) Savannah River National Laboratory; (M) Stanford Linear Accelerator Center; (N) Thomas Jefferson National Accelerator Facility; and (O) any laboratory operated by the National Nuclear Security Administration, but only with respect to the civilian energy activities thereof. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. SAVINGS CLAUSE. Nothing in this Act or an amendment made by this Act abrogates or otherwise affects the primary responsibilities of any National Laboratory to the Department. TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY SEC. 101. UNDER SECRETARY FOR SCIENCE AND ENERGY. (a) In General.--Section 202(b) of the Department of Energy Organization Act (42 U.S.C. 7132(b)) is amended-- (1) by striking ``Under Secretary for Science'' each place it appears and inserting ``Under Secretary for Science and Energy''; and (2) in paragraph (4)-- (A) in subparagraph (F), by striking ``and'' at the end; (B) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (C) by inserting after subparagraph (G) the following: ``(H) establish appropriate linkages between offices under the jurisdiction of the Under Secretary; and ``(I) perform such functions and duties as the Secretary shall prescribe, consistent with this section.''. (b) Conforming Amendments.-- (1) Section 3164(b)(1) of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381a(b)(1)) is amended by striking ``Under Secretary for Science'' and inserting ``Under Secretary for Science and Energy''. (2) Section 641(h)(2) of the United States Energy Storage Competitiveness Act of 2007 (42 U.S.C. 17231(h)(2)) is amended by striking ``Under Secretary for Science'' and inserting ``Under Secretary for Science and Energy''. SEC. 102. TECHNOLOGY TRANSFER ASSESSMENT. Not later than 180 days after the date of enactment of this Act, the Secretary shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report which shall include-- (1) an assessment of the Department's current ability to carry out the goals of section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391), including an assessment of the role and effectiveness of the Technology Transfer Coordinator position; and (2) recommended departmental policy changes and legislative changes to section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) to improve the Department's ability to successfully transfer new energy technologies to the private sector. SEC. 103. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) the establishment of the independent Commission to Review the Effectiveness of the National Energy Laboratories under section 319 of title III of division D of the Consolidated Appropriations Act, 2014, is an important step towards developing a coordinated strategy for the National Laboratories in the 21st century; (2) Congress looks forward to-- (A) receiving the findings and conclusions of the Commission; and (B) engaging with the Administration-- (i) in strengthening the mission of the National Laboratories; and (ii) to reform and modernize the operations and management of the National Laboratories; and (3) the Secretary should encourage the National Laboratories and federally funded research and development centers to inform small businesses of the opportunities and resources that exist pursuant to this Act. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS SEC. 201. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM. (a) In General.--The Secretary shall carry out the Agreements for Commercializing Technology pilot program of the Department, as announced by the Secretary on December 8, 2011, in accordance with this section. (b) Terms.--Each agreement entered into pursuant to the pilot program referred to in subsection (a) shall provide to the contractor of the applicable National Laboratory, to the maximum extent determined to be appropriate by the Secretary, increased authority to negotiate contract terms, such as intellectual property rights, payment structures, performance guarantees, and multiparty collaborations. (c) Eligibility.-- (1) In general.--Any director of a National Laboratory may enter into an agreement pursuant to the pilot program referred to in subsection (a). (2) Agreements with non-federal entities.--To carry out paragraph (1) and subject to paragraph (3), the Secretary shall permit the directors of the National Laboratories to execute agreements with a non-Federal entity, including a non-Federal entity already receiving Federal funding that will be used to support activities under agreements executed pursuant to paragraph (1), provided that such funding is solely used to carry out the purposes of the Federal award. (3) Restriction.--The requirements of chapter 18 of title 35, United States Code (commonly known as the ``Bayh-Dole Act'') shall apply if-- (A) the agreement is a funding agreement (as that term is defined in section 201 of that title); and (B) at least 1 of the parties to the funding agreement is eligible to receive rights under that chapter. (d) Submission to Secretary.--Each affected director of a National Laboratory shall submit to the Secretary, with respect to each agreement entered into under this section-- (1) a summary of information relating to the relevant project; (2) the total estimated costs of the project; (3) estimated commencement and completion dates of the project; and (4) other documentation determined to be appropriate by the Secretary. (e) Certification.--The Secretary shall require the contractor of the affected National Laboratory to certify that each activity carried out under a project for which an agreement is entered into under this section-- (1) is not in direct competition with the private sector; and (2) does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (f) Extension.--The pilot program referred to in subsection (a) shall be extended for a term of 2 years after the date of enactment of this Act. (g) Reports.-- (1) Overall assessment.--Not later than 60 days after the date described in subsection (f), the Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that-- (A) assesses the overall effectiveness of the pilot program referred to in subsection (a); (B) identifies opportunities to improve the effectiveness of the pilot program; (C) assesses the potential for program activities to interfere with the responsibilities of the National Laboratories to the Department; and (D) provides a recommendation regarding the future of the pilot program. (2) Transparency.--The Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report that accounts for all incidences of, and provides a justification for, non-Federal entities using funds derived from a Federal contract or award to carry out agreements pursuant to this section. SEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION. (a) In General.--Subject to subsections (b) and (c), the Secretary shall delegate to directors of the National Laboratories signature authority with respect to any agreement described in subsection (b) the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $1,000,000. (b) Agreements.--Subsection (a) applies to-- (1) a cooperative research and development agreement; (2) a non-Federal work-for-others agreement; and (3) any other agreement determined to be appropriate by the Secretary, in collaboration with the directors of the National Laboratories. (c) Administration.-- (1) Accountability.--The director of the affected National Laboratory and the affected contractor shall carry out an agreement under this section in accordance with applicable policies of the Department, including by ensuring that the agreement does not compromise any national security, economic, or environmental interest of the United States. (2) Certification.--The director of the affected National Laboratory and the affected contractor shall certify that each activity carried out under a project for which an agreement is entered into under this section does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (3) Availability of records.--On entering an agreement under this section, the director of a National Laboratory shall submit to the Secretary for monitoring and review all records of the National Laboratory relating to the agreement. (4) Rates.--The director of a National Laboratory may charge higher rates for services performed under a partnership agreement entered into pursuant to this section, regardless of the full cost of recovery, if such funds are used exclusively to support further research and development activities at the respective National Laboratory. (d) Conforming Amendment.--Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; (B) by striking ``Each Federal agency'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), each Federal agency''; and (C) by adding at the end the following: ``(2) Exception.--Notwithstanding paragraph (1), in accordance with section 202(a) of the Department of Energy Laboratory Modernization and Technology Transfer Act of 2014, approval by the Secretary of Energy shall not be required for any technology transfer agreement proposed to be entered into by a National Laboratory of the Department of Energy, the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $1,000,000.''; and (2) in subsection (b), by striking ``subsection (a)(1)'' each place it appears and inserting ``subsection (a)(1)(A)''. SEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION IN AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES. Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is amended by-- (1) redesignating subsection (g) as subsection (h); and (2) inserting after subsection (f) the following: ``(g) Early-Stage Technology Demonstration.--The Secretary shall permit the directors of the National Laboratories to use funds authorized to support technology transfer within the Department to carry out early-stage and pre-commercial technology demonstration activities to remove technology barriers that limit private sector interest and demonstrate potential commercial applications of any research and technologies arising from National Laboratory activities.''. SEC. 204. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER EDUCATION AND OTHER NONPROFIT INSTITUTIONS. Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C. 16352(b)) is amended-- (1) in paragraph (1), by striking ``Except as provided in paragraphs (2) and (3)'' and inserting ``Except as provided in paragraphs (2), (3), and (4)''; and (2) by adding at the end the following: ``(4) Exemption for institutions of higher education and other nonprofit institutions.-- ``(A) In general.--Paragraph (1) shall not apply to a research or development activity performed by an institution of higher education or nonprofit institution (as defined in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703)). ``(B) Termination date.--The exemption under subparagraph (A) shall apply during the 6-year period beginning on the date of enactment of this paragraph.''. SEC. 205. PARTICIPATION IN THE INNOVATION CORPS PROGRAM. The Secretary may enter into an agreement with the Director of the National Science Foundation to enable researchers funded by the Department to participate in the National Science Foundation Innovation Corps program. TITLE III--ASSESSMENT OF IMPACT SEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE. Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report-- (1) describing the results of the projects developed under sections 201, 202, and 203, including information regarding-- (A) partnerships initiated as a result of those projects and the potential linkages presented by those partnerships with respect to national priorities and other taxpayer-funded research; and (B) whether the activities carried out under those projects result in-- (i) fiscal savings; (ii) expansion of National Laboratory capabilities; (iii) increased efficiency of technology transfers; or (iv) an increase in general efficiency of the National Laboratory system; and (2) assess the scale, scope, efficacy, and impact of the Department's efforts to promote technology transfer and private sector engagement at the National Laboratories, and make recommendations on how the Department can improve these activities. Passed the House of Representatives July 22, 2014. Attest: KAREN L. HAAS, Clerk.

Department of Energy Laboratory Modernization and Technology Transfer Act of 2014 - Title I: Innovation Management At Department of Energy - (Sec. 101) Amends the Department of Energy Organization Act to rename the Under Secretary for Science as the Under Secretary for Science and Energy and expand the functions of the position to include establishment of appropriate linkages between offices under such official's jurisdiction. (Sec. 102) Directs the Department of Energy (DOE) to: (1) report on its ability to improve the technology transfer and commercialization of energy technologies, including an assessment of the role and effectiveness of the Technology Transfer Coordinator position; and (2) recommend changes to improve the ability to successfully transfer new energy technologies to the private sector. (Sec. 103) Expresses the sense of Congress regarding the development of a coordinated strategy for DOE nonmilitary national laboratories in the 21st century. Title II: Cross-Sector Partnerships and Grant Competitiveness - (Sec. 201) Directs DOE to carry out the Agreements for Commercializing Technology pilot program in accordance with this Act, including by giving the contractors of the DOE nonmilitary national laboratories (national laboratories) increased authority to negotiate contract terms and making every such facility eligible for the program. Permits the directors of the national laboratories to execute agreements with non-federal entities, provided that such funding is only used to carry out the purposes of the federal award. Subjects agreements that are funding agreements to the requirements of the Bayh-Dole Act (concerning patent rights to inventions arising from federally-supported research and development). Imposes contractor certification requirements for the avoidance of direct competition with the private sector and conflicts of interest. Extends the pilot program for two years. Requires DOE to report to Congress on the overall effectiveness of the pilot program and to annually account for, and justify, incidences of use by non-federal entities of funds derived from a federal contract or award to carry out agreements pursuant to the pilot program. (Sec. 202) Requires the Secretary of Energy to delegate to the directors of the national laboratories signature authority with respect to certain agreements the total cost of which is less than $1 million. (Sec. 203) Permits the directors of national laboratories to use funds authorized to support technology transfer within DOE to carry out early-stage and pre-commercial technology demonstration activities to: (1) remove technology barriers that limit private sector interest, and (2) demonstrate potential commercial applications of any research and technologies arising from national laboratory activities. (Sec. 204) Amends the Energy Policy Act of 2005 to exempt institutions of higher education and nonprofit institutions from the cost-sharing requirements for research and development for six years. (Sec. 205) Authorizes DOE to enter into an agreement with the National Science Foundation (NSF) to enable the participation of DOE researchers in the National Science Foundation Innovation Corps program. Title III: Assessment of Impact - (Sec. 301) Requires the Government Accountability Office (GAO) to report to Congress on the results of projects developed under this Act and on DOE efforts to promote technology transfer and private sector engagement at the national laboratories.

Department of Energy Laboratory Modernization and Technology Transfer Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Next Generation Radiation Screening Act of 2008''. SEC. 2. MEMORANDUM OF UNDERSTANDING REGARDING ADVANCED SPECTROSCOPIC PORTAL MONITORS. (a) In General.--Title XIX of the Homeland Security Act of 2002 is amended by adding at the end the following new sections: ``SEC. 1908. ADVANCED SPECTROSCOPIC PORTAL MONITORS. ``(a) Findings.--Congress finds the following: ``(1) The consequences of radiological or nuclear terrorism would be catastrophic. ``(2) A system such as the Advanced Spectroscopic Portal (ASP) is intended to improve the process of screening passengers and cargo to prevent the illicit transport of radiological and nuclear material. ``(3) A system such as the ASP can always be improved, even after it is deployed. ``(4) There is no upper limit to the functionality that can be incorporated into an engineering project of this magnitude. ``(5) Delaying deployment of the ASP to increase functionality beyond what is minimally required for deployment may limit the ability of the United States to screen passengers and cargo for radiological and nuclear material. ``(6) There are operational differences between primary and secondary screening procedures. Consideration should be given to the implication these differences have on the minimum functionality for systems deployed for use in primary and secondary screening procedures. ``(b) Agreement on Functionality of Advanced Spectroscopic Portal Monitors.--The Director of the Domestic Nuclear Detection Office and the Commissioner of Customs and Border Protection shall enter into an agreement regarding the minimum required functionality for the deployment of ASP by United States Customs and Border Protection (CBP). ``(c) Report to Congress.--Not later than 60 days after the date of the enactment of this section, the Secretary shall provide Congress with the signed memorandum of understanding between the Office and CBP. ``SEC. 1909. CRITERIA FOR CERTIFICATION. ``(a) Findings.--Congress finds the following: ``(1) In developing criteria for Advanced Spectroscopic Portal (ASP) performance, special consideration should be given to the unique challenges associated with detecting the presence of illicit radiological or nuclear material that may be masked by the presence of radiation from naturally occurring radioactive material or legitimate radioactive sources such as those associated with medical or industrial use of radiation. ``(2) Title IV of division E of the Consolidated Appropriations Act, 2008 (Public Law 110-161) requires the Secretary to submit to Congress a report certifying that `a significant increase in operational effectiveness will be achieved' with the ASP before `funds appropriated under this heading shall be obligated for full-scale procurement of Advanced Spectroscopic Portal Monitors', and requires that `the Secretary shall submit separate and distinct certifications prior to the procurement of Advanced Spectroscopic Portal Monitors for primary and secondary deployment that address the unique requirements for operational effectiveness of each type of deployment.'. ``(b) Specification of Significant Increase in Operational Effectiveness.-- ``(1) In general.--The Secretary shall, in accordance with the requirements of title IV of division E of the Consolidated Appropriations Act, 2008, and in consultation with the National Academies, develop quantitative metrics that demonstrate any significant increased operational effectiveness (or lack thereof) of deploying the ASP in Primary and Secondary Screening sites, as determined by United States Customs and Border Protection (CBP). ``(2) Metrics.--The metrics referred to in paragraph (1) shall include the following: ``(A) A quantitative definition of `significant increase in operational effectiveness'. ``(B) All relevant threat materials. ``(C) All relevant masking scenarios. ``(D) Cost benefit analysis in accordance with the Federal Accounting Standards Advisory Board Generally Accepted Accounting Principles. ``(E) Any other measure the Director and the Commissioner determine appropriate. ``(c) Consideration of External Reviews in the Decision To Certify.--In determining whether or not to certify that the ASP shows a significant increase in operational effectiveness, the Secretary may consider the following: ``(1) Relevant reports on the ASP from the Government Accountability Office. ``(2) An assessment of the ASP by the Independent Review Team led by the Homeland Security Institute. ``(3) An assessment of the ASP in consultation with the National Academies. ``(4) Any other information the Secretary determines relevant. ``SEC. 1910. AUTHORIZATION OF SECURING THE CITIES INITIATIVE. ``(a) Findings.--Congress finds the following: ``(1) The Securing the Cities Initiative of the Department uses next generation radiation detection technology to detect the transport of nuclear and radiological material in urban areas by terrorists or other unauthorized individuals. ``(2) The technology used by partners in the Securing the Cities Initiative leverages Advanced Spectroscopic Portal (ASP) technology used at ports of entry. ``(3) The Securing the Cities Initiative has fostered unprecedented collaboration and coordination among its Federal, State, and local partners. ``(b) Authorization of Appropriations.--There is authorized to be appropriated to the Director of the Domestic Nuclear Detection Office of the Department $40,000,000 for fiscal year 2009 and such sums as may be necessary for each subsequent fiscal year for the Securing the Cities Initiative.''. (b) Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 1907 the following new items: ``Sec. 1908. Advanced spectroscopic portal monitors. ``Sec. 1909. Criteria for certification. ``Sec. 1910. Authorization of Securing the Cities Initiative.''. Passed the House of Representatives July 30, 2008. Attest: LORRAINE C. MILLER, Clerk.

Next Generation Radiation Screening Act of 2008 - Amends the Homeland Security Act of 2002 to require: (1) the Director of the Domestic Nuclear Detection Office and the Commissioner of Customs and Border Protection (CBP) to enter into an agreement regarding the minimum required functionality for the deployment of Advanced Spectroscopic Portal monitors (ASP) by CBP; and (2) the Secretary of Homeland Security to provide Congress with the signed memorandum of understanding between the Office and CBP. Directs the Secretary to develop quantitative metrics that demonstrate any significant increased operational effectiveness of deploying ASP in primary and secondary screening sites. Requires such metrics to include: (1) a quantitative definition of "significant increase in operational effectiveness"; (2) all relevant threat materials; (3) all relevant masking scenarios; and (4) cost-benefit analysis in accordance with the Federal Accounting Standards Advisory Board Generally Accepted Accounting Principles. Permits the Secretary, in determining whether to certify that ASP shows a significant increase in operational effectiveness, to consider: (1) relevant reports on ASP from the Government Accountability Office (GAO); and (2) assessments of ASP by the Independent Review Team led by the Homeland Security Institute in consultation with the National Archives. Authorizes appropriations to the Director for FY2009 and for each subsequent fiscal year for the Securing the Cities Initiative.

To amend the Homeland Security Act of 2002 to clarify criteria for certification relating to Advanced Spectroscopic Portal monitors, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Commuter Benefits Act of 2005''. SEC. 2. TRANSIT PASS TRANSPORTATION FRINGE BENEFITS. (a) In General.--Effective as of the first day of the next fiscal year beginning after the date of the enactment of this Act, each covered agency shall implement a program under which all qualified Federal employees serving in or under such agency shall be offered transit pass transportation fringe benefits, as described in subsection (b). (b) Benefits Described.--The benefits described in this subsection are the transit pass transportation fringe benefits which, under section 2 of Executive Order 13150, are required to be offered by Federal agencies in the National Capital Region on the date of enactment of this Act. (c) Definitions.--In this section-- (1) the term ``covered agency'' means any agency, to the extent of its facilities in the National Capital Region; (2) the term ``agency'' means any agency (as defined by 7905(a)(2) of title 5, United States Code), the United States Postal Service, the Postal Rate Commission, and the Smithsonian Institution; (3) the term ``National Capital Region'' includes the District of Columbia and every county or other geographic area covered by section 2 of Executive Order 13150; (4) the term ``Executive Order 13150'' refers to Executive Order 13150 (5 U.S.C. 7905 note); (5) the term ``Federal agency'' is used in the same way as under section 2 of Executive Order 13150; and (6) any determination as to whether or not one is a ``qualified Federal employee'' shall be made applying the same criteria as would apply under section 2 of Executive Order 13150. (d) Rule of Construction.--Nothing in this section shall be considered to require that a covered agency-- (1) terminate any program or benefits in existence on the date of the enactment of this Act, or postpone any plans to implement (before the effective date referred to in subsection (a)) any program or benefits permitted or required under any other provision of law; or (2) discontinue (on or after the effective date referred to in subsection (a)) any program or benefits referred to in paragraph (1), so long as such program or benefits satisfy the requirements of subsections (a) through (c). SEC. 3. AUTHORITY TO USE GOVERNMENT VEHICLES TO TRANSPORT FEDERAL EMPLOYEES BETWEEN THEIR PLACE OF EMPLOYMENT AND MASS TRANSIT FACILITIES. (a) In General.--Section 1344 of title 31, United States Code, is amended-- (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (2) by inserting after subsection (f) the following: ``(g)(1) A passenger carrier may be used to transport an officer or employee of a Federal agency between the officer's or employee's place of employment and a mass transit facility (whether or not publicly owned) in accordance with succeeding provisions of this subsection. ``(2) Notwithstanding section 1343, a Federal agency that provides transportation services under this subsection (including by passenger carrier) shall absorb the costs of such services using any funds available to such agency, whether by appropriation or otherwise. ``(3) In carrying out this subsection, a Federal agency shall-- ``(A) to the maximum extent practicable, use alternative fuel vehicles to provide transportation services; ``(B) to the extent consistent with the purposes of this subsection, provide transportation services in a manner that does not result in additional gross income for Federal income tax purposes; and ``(C) coordinate with other Federal agencies to share, and otherwise avoid duplication of, transportation services provided under this subsection. ``(4) For purposes of any determination under chapter 81 of title 5, an individual shall not be considered to be in the `performance of duty' by virtue of the fact that such individual is receiving transportation services under this subsection. ``(5)(A) The Administrator of General Services, after consultation with the National Capital Planning Commission and other appropriate agencies, shall prescribe any regulations necessary to carry out this subsection. ``(B) Transportation services under this subsection shall be subject neither to the last sentence of subsection (d)(3) nor to any regulations under the last sentence of subsection (e)(1). ``(6) In this subsection, the term `passenger carrier' means a passenger motor vehicle, aircraft, boat, ship, or other similar means of transportation that is owned or leased by the United States Government or the government of the District of Columbia.''. (b) Funds for Maintenance, Repair, Etc.--Subsection (a) of section 1344 of title 31, United States Code, is amended by adding at the end the following: ``(3) For purposes of paragraph (1), the transportation of an individual between such individual's place of employment and a mass transit facility pursuant to subsection (g) is transportation for an official purpose.''. (c) Coordination.--The authority to provide transportation services under section 1344(g) of title 31, United States Code (as amended by subsection (a)) shall be in addition to any authority otherwise available to the agency involved.

Federal Employee Commuter Benefits Act of 2005 - Requires each Federal agency in the National Capital Region to implement a program under which all qualified Federal employees serving in or under such agency shall be offered transit pass transportation fringe benefits as required under Executive Order 13150. Authorizes the use of a passenger carrier to transport a Federal officer or employee between his or her place of employment and a mass transit facility. Requires a Federal agency that provides such service to: (1) absorb the cost; (2) when possible, use alternative fuel vehicles; and (3) coordinate such transportation with other Federal agencies.

A bill to provide that transit pass transportation fringe benefits be made available to all qualified Federal employees in the National Capital Region; to allow passenger carriers which are owned or leased by the Government to be used to transport Government employees between their place of employment and mass transit facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Preventive Health Care Act of 1997''. SEC. 2. REQUIRING COVERAGE OF SCREENING MAMMOGRAPHY AND PAP SMEARS UNDER HEALTH PLANS. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act, as amended by section 703(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY AND PAP SMEARS. ``(a) Requirements for Coverage of Screening Mammography and Pap Smears.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall include (consistent with this section)-- ``(A) coverage for screening pap smears, and ``(B) coverage for low-dose screening mammography. ``(b) Definitions Relating to Coverage.--In this section: ``(1) Low-dose screening mammography.--The term `low-dose screening mammography' means a radiologic procedure for the early detection of breast cancer provided to an asymptomatic women using equipment dedicated specifically for mammography and at a facility which meets mammography accreditation standards established by the Secretary of Health and Human Services for coverage of screening mammography under the medicare program under title XVIII of the Social Security Act. Such term also includes a physician's interpretation of the results of the procedure. ``(2) Screening pap smear.--The term `screening pap smear' means a diagnostic laboratory test consisting of a routine exfoliative cytology test (Papanicolaou test) provided to a woman for the purpose of early detection of cervical cancer and includes the examination, the laboratory test itself, and a physician's interpretation of the results of the test. If the Secretary of Health and Human Services establishes qualify standards for facilities furnishing screening pap smears, such term shall only include a test if the test is performed in a facility that has been determined to meet such standards. ``(c) Restrictions on Cost-Sharing.--The coverage under this section shall not provide for the application of deductibles, coinsurance, or other limitations for low-dose screening mammography or screening pap smears that are greater than the deductibles, coinsurance, and limitations that are applied to similar services under the health insurance coverage or group health plan. ``(d) Frequency of Coverage of Screening Mammography.-- ``(1) In general.--Coverage of low-dose screening mammography is consistent with this section only if it is provided consistent with the following periodicity schedule: ``(A) Coverage is made available for one baseline low-dose screening mammography for any woman between 35 and 40 years of age. ``(B) Coverage is made available for such mammography on an annual basis to any woman who is 50 years of age or older or who is determined by a physician to be at-risk of breast cancer (as defined in paragraph (2)). ``(C) Coverage is made available for such mammography for a woman at least once every other year. ``(2) At-risk of breast cancer.--For purposes of paragraph (1)(B), a woman is considered to be `at-risk of breast cancer' if any of the following is true: ``(A) The woman has a personal history of breast cancer. ``(B) The woman has a personal history of biopsy- proven benign breast disease. ``(C) The woman's mother, sister, or daughter has or has had breast cancer. ``(D) The woman has not given birth prior to the age of 30. ``(e) Frequency of Coverage of Screening Pap Smears.--Coverage of screening pap smears is consistent with this section only if it is provided not more often than once every year (or more frequently if recommended by a physician). ``(f) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny to a woman eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) provide monetary payments or rebates to women to encourage such women to accept less than the minimum protections available under this section; ``(3) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided care to an individual participant or beneficiary in accordance with this section; or ``(4) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. ``(g) Rule of Construction.--Nothing in this section shall be construed to require a woman who is a participant or beneficiary to undergo a screening mammograph or screening pap smear. ``(h) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(i) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(j) Preemption.-- ``(1) In general.--The provisions of this section do not preempt State law relating to health insurance coverage to the extent such State law provides greater protection to women in relation to the benefits provided under this section. ``(2) Construction.--Section 2723(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as amended by section 604(b)(2) of Public Law 104-204, is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by section 702(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 713. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY AND PAP SMEARS. ``(a) Requirements for Coverage of Screening Mammography and Pap Smears.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall include (consistent with this section)-- ``(A) coverage for screening pap smears, and ``(B) coverage for low-dose screening mammography. ``(b) Definitions Relating to Coverage.--In this section: ``(1) Low-dose screening mammography.--The term `low-dose screening mammography' means a radiologic procedure for the early detection of breast cancer provided to an asymptomatic women using equipment dedicated specifically for mammography and at a facility which meets mammography accreditation standards established by the Secretary of Health and Human Services for coverage of screening mammography under the medicare program under title XVIII of the Social Security Act. Such term also includes a physician's interpretation of the results of the procedure. ``(2) Screening pap smear.--The term `screening pap smear' means a diagnostic laboratory test consisting of a routine exfoliative cytology test (Papanicolaou test) provided to a woman for the purpose of early detection of cervical cancer and includes the examination, the laboratory test itself, and a physician's interpretation of the results of the test. If the Secretary of Health and Human Services establishes qualify standards for facilities furnishing screening pap smears, such term shall only include a test if the test is performed in a facility that has been determined to meet such standards. ``(c) Restrictions on Cost-Sharing.--The coverage under this section shall not provide for the application of deductibles, coinsurance, or other limitations for low-dose screening mammography or screening pap smears that are greater than the deductibles, coinsurance, and limitations that are applied to similar services under the health insurance coverage or group health plan. ``(d) Frequency of Coverage of Screening Mammography.-- ``(1) In general.--Coverage of low-dose screening mammography is consistent with this section only if it is provided consistent with the following periodicity schedule: ``(A) Coverage is made available for one baseline low-dose screening mammography for any woman between 35 and 40 years of age. ``(B) Coverage is made available for such mammography on an annual basis to any woman who is 50 years of age or older or who is determined by a physician to be at-risk of breast cancer (as defined in paragraph (2)). ``(C) Coverage is made available for such mammography for a woman at least once every other year. ``(2) At-risk of breast cancer.--For purposes of paragraph (1)(B), a woman is considered to be `at-risk of breast cancer' if any of the following is true: ``(A) The woman has a personal history of breast cancer. ``(B) The woman has a personal history of biopsy- proven benign breast disease. ``(C) The woman's mother, sister, or daughter has or has had breast cancer. ``(D) The woman has not given birth prior to the age of 30. ``(e) Frequency of Coverage of Screening Pap Smears.--Coverage of screening pap smears is consistent with this section only if it is provided not more often than once every year (or more frequently if recommended by a physician). ``(f) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny to a woman eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) provide monetary payments or rebates to women to encourage such women to accept less than the minimum protections available under this section; ``(3) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided care to an individual participant or beneficiary in accordance with this section; or ``(4) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. ``(g) Rule of Construction.--Nothing in this section shall be construed to require a woman who is a participant or beneficiary to undergo a screening mammograph or screening pap smear. ``(h) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply. ``(i) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(j) Preemption.-- ``(1) In general.--The provisions of this section do not preempt State law relating to health insurance coverage to the extent such State law provides greater protection to women in relation to the benefits provided under this section. ``(2) Construction.--Section 731(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)), as amended by section 603(b)(1) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as amended by section 603(b)(2) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Standards relating to benefits for screening mammography and pap smears. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act, as amended by section 605(a) of Public Law 104-204, is amended by inserting after section 2751 the following new section: ``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY AND PAP SMEARS. ``(a) In General.--The provisions of section 2706 (other than subsection (h)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 713(h) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan. ``(c) Preemption.-- ``(1) In general.--The provisions of this section do not preempt State law relating to health insurance coverage to the extent such State law provides greater protection to women in relation to the benefits provided under this section. ``(2) Construction.--Section 2762(a) shall not be construed as superseding a State law described in paragraph (1).''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)), as added by section 605(b)(3)(B) of Public Law 104-204, is amended by striking ``section 2751'' and inserting ``sections 2751 and 2752''. (c) Effective Dates.--(1) The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 1998. (2) The amendment made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date.

Women's Preventive Health Care Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and a health insurance issuer offering group coverage, to include coverage for screening pap smears and low-dose screening mammography. Prohibits cost sharing or other limitations higher than those applied to similar services. Regulates coverage frequency. Prohibits related enrollment or coverage discrimination, monetary incentives to women, and penalties against or incentives to providers. Allows State laws providing greater protection to women. Amends the Public Health Service Act to apply these requirements to health insurance issuers in the individual market.

Women's Preventive Health Care Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Global Health Technology Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States has committed to the United Nations Millennium Development Goals of-- (A) reducing child mortality; (B) improving maternal health; and (C) combating HIV/AIDS, malaria, and other diseases. (2) The goals described in paragraph (1) cannot be reached without health technologies and devices to diagnose infectious diseases and reduce disease transmission. (3) The development, advancement, and introduction of affordable and appropriate technologies are essential to efforts by the United States to reduce deaths among the world's most vulnerable populations, particularly children and women in the developing world. (4) A recent report by the Institute of Medicine on the commitment of the United States to global health-- (A) recommends that United States institutions share existing knowledge to address prevalent health problems in low- and middle-income countries; (B) recommends continued support for partnerships between the public and private sectors to develop and deliver health products in low- and middle-income countries; and (C) urges the United States Government to continue its support for innovative research models to address unmet health needs in poor countries. (5) Investments by the United States in affordable, appropriate health technologies, such as medical devices for maternal and child care, vaccine delivery tools, safe injection devices, diagnostic tests for infectious diseases, and innovative disease prevention strategies-- (A) reduce the risk of disease transmission; and (B) accelerate access to life-saving global health interventions for the world's poor. (6) Through a cooperative agreement, known as the Technologies for Health program (referred to in this section as ``HealthTech''), USAID supports the development of technologies that-- (A) maximize the limited resources available for global health; and (B) ensure that products and medicines developed for use in low-resource settings reach the people that need such products and medicines. (7) The HealthTech cooperative agreement-- (A) facilitates public-private collaboration in the development of global health technologies; (B) leverages public sector support for early stage research and development of health technologies to encourage private sector investment in late-stage technology development and product introduction in developing countries; (C) benefits the United States economy by investing in the growing United States global health technology sector, which-- (i) provides skilled jobs for American workers; and (ii) enhances United States competitiveness in the increasingly technological and knowledge-based global economy; and (D) enhances United States national security by-- (i) reducing the risk of pandemic disease; and (ii) contributing to economic development and stability in developing countries. SEC. 3. PURPOSE. The purpose of this Act is to authorize a health technology development program that supports coordinated, long-term research and development of appropriate global health technologies-- (1) to improve global health; (2) to reduce maternal and child mortality rates; and (3) to reverse the incidence of HIV/AIDS, malaria, and other diseases. SEC. 4. ESTABLISHMENT OF THE HEALTH TECHNOLOGY PROGRAM. Section 107 the Foreign Assistance Act of 1961 (22 U.S.C. 2151e) is amended by adding at the end the following: ``(c) Health Technology Program.--(1) There is established in the United States Agency for International Development (referred to in this section as `USAID') the Health Technology Program, which shall-- ``(A) coordinate and lead research and development efforts; ``(B) be funded by USAID on a competitive basis; and ``(C) serve as a national laboratory and technology development program for global health. ``(2) The Health Technology Program shall develop, advance, and introduce affordable, available, and appropriate technologies specifically designed-- ``(A) to improve the health and nutrition of developing country populations; ``(B) to reduce maternal and child mortality; and ``(C) to improve the diagnosis, prevention and reduction of disease, especially HIV/AIDS, malaria, tuberculosis, and other major diseases. ``(3) The Health Technology Program shall be located at an institution with a successful record of-- ``(A) advancing the technologies described in paragraph (2); and ``(B) integrating practical field experience into the research and development process in order to introduce the most appropriate technologies. ``(4) The Administrator of USAID, in collaboration with the Health Technology Program, shall submit an annual report to Congress and all relevant Federal agencies that describes-- ``(A) the relevant activities of the Health Technology Program that are in the incubation phase; ``(B) the progress made on such activities and on other projects carried out through the Health Technology Program; and ``(C) the outlook for future health technology efforts evaluated by the Health Technology Program to have significant growth potential. ``(5) There are authorized to be appropriated $5,000,000 for each of the fiscal years 2010 through 2014 to carry out the Health Technology Program under this subsection.''.

21st Century Global Health Technology Act - Amends the Foreign Assistance Act of 1961 to establish in the United States Agency for International Development (USAID) the Health Technology Program which shall: (1) coordinate and lead research and development efforts; (2) be funded by USAID on a competitive basis; and (3) serve as a national laboratory and technology development program for global health.

To amend the Foreign Assistance Act of 1961, to establish the Health Technology Program in the United States Agency for International Development to research and develop technologies to improve global health, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Interstate Commerce Efficiency and Safety Improvement Act of 1993''. SEC. 2. PURPOSE. The purpose of this Act is to promote fiscal responsibility by transferring the functions of the Interstate Commerce Commission to the Department of Transportation and to advance safety on the highways of the United States by consolidating the regulation of motor carrier safety in the Department of Transportation. SEC. 3. DEFINITIONS. In this Act, the term-- (1) ``Commission'' means the Interstate Commerce Commission; (2) ``function'' means a function, power, or duty; and (3) ``Secretary'' means the Secretary of Transportation. SEC. 4. TRANSFER OF AUTHORITY TO SECRETARY OF TRANSPORTATION. (a) In General.--There are transferred to the Secretary, effective October 1, 1993, all functions of the Commission. (b) Authority of Office of Management and Budget.--The Director of the Office of Management and Budget, in consultation with the Commission and the Secretary, may make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of assets, liabilities, contracts, property, and records, as may be necessary to carry out the provisions of this Act. The unobligated funds of the Commission shall not be transferred to the Department of Transportation in order to carry out the transfer of functions under this Act, and the number of fulltime employee positions within the Department of Transportation shall not be increased as a result of such transfer of functions. (c) Joint Planning for Transfer.--The Chairman of the Commission and the Secretary shall, beginning as soon as practicable after the date of enactment of this Act, jointly plan for the orderly transfer of functions under this Act. (d) Interim Use of Interstate Commerce Commission Personnel.--Prior to October 1, 1993, and with the consent of the Commission, the Secretary may use the services of officers, employees, and other personnel of the Commission under such terms and conditions as will reasonably facilitate the orderly transfer of functions under this Act. SEC. 5. SAVINGS PROVISIONS. (a) In General.--All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges-- (1) which have been issued, made, granted, or allowed to become effective by any agency or official thereof, or by a court of competent jurisdiction, in the performance of any function which is transferred by this Act to the Secretary from the Commission; and (2) which are in effect immediately before the transfer of functions by this Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Secretary or any other duly authorized official, by any court of competent jurisdiction, or by operation of law. (b) Continuation of Proceedings.--The transfer of functions by this Act shall not affect any proceedings, including rulemaking proceedings, or any application for any license, permit, or certificate, pending before the Commission immediately before the transfer takes effect. Such proceedings and applications shall be continued at the Department of Transportation. Orders shall be issued in such proceedings, and appeals shall be taken therefrom, 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 Secretary of Transportation, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Effect on Pending Civil Actions.--Except as provided in subsection (e)-- (1) the transfer of any function under this Act shall not affect any civil action relating to such function which is commenced prior to the date the transfer takes effect; and (2) in all such actions, proceedings shall be had, appeals taken, and judgments rendered, in the same manner and effect as if this Act had not been enacted. (d) Nonabatement of Actions.--No action or other proceeding commenced by or against any officer in that officer's official capacity as an officer of the Commission shall abate by reason of the transfer of any function under this Act. No cause of action by or against the Commission, or by or against any officer thereof in that officer's official capacity, shall abate by reason of the transfer of any function under this Act. (e) Judicial Administrative Provision.--If immediately before the transfer of functions by this Act the Commission or any officer thereof in that officer's official capacity is a party to an action relating to a function transfer by this Act, then such action shall be continued with the Secretary or other appropriate official of the Department of Transportation substituted or added as a party. (f) References.--With respect to any function transferred by this Act and performed on or after the effective date of the transfer, reference in any Federal law to the Interstate Commerce Commission or the Commission (insofar as such term refers to the Interstate Commerce Commission), or to any officer or office thereof, shall be deemed to refer to the Department of Transportation, or other official or component of the Department of Transportation in which such function vests. (g) Exercise of Functions by Secretary.--In the exercise of any function transferred by this Act, the Secretary shall have the same authority as that vested in the Commission with respect to such function immediately preceding its transfer, and actions of the Secretary shall have the same force and effect as when exercised by the Commission. Orders and actions of the Secretary in the exercise of the functions transferred under this Act shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been by the Commission in the exercise of such functions immediately preceding their transfer. Any statutory requirements relating to notice, hearings, actions upon the record, or administrative review that apply to any functions transferred by this Act shall apply to the exercise of such functions by the Secretary. SEC. 6. REPORT TO CONGRESS. No later than March 31, 1994, the Secretary shall submit to the appropriate committees of Congress a report on the functions transferred from the Commission to the Department of Transportation under this Act. The report shall include-- (1) an assessment of benefits compared to costs associated with each of these functions, both with respect to persons affected directly and to the public generally; (2) recommendations for the elimination of functions identified as redundant, or substantially the same as functions or services which are performed by the Department of Transportation or other public or private organizations prior to the transfer of functions under this Act; and (3) recommendations to modify or eliminate those functions that do not provide substantial economic or safety benefits to the general public. SEC. 7. CONFORMING AMENDMENTS. (a) Executive Level Pay Rates.--(1) Section 5314 of title 5, United States Code, is amended by striking ``Chairman, Interstate Commerce Commission.''. (2) Section 5315 of title 5, United States Code, is amended by striking ``Members, Interstate Commerce Commission.''. (b) Termination of Commission.--Sections 10301 through 10308 of title 49, United States Code, are repealed. (c) Effective Date.--The amendments made by this section shall become effective on October 1, 1993.

Interstate Commerce Efficiency and Safety Improvement Act of 1993 - Transfers all functions of the Interstate Commerce Commission to the Secretary of Transportation.

Interstate Commerce Efficiency and Safety Improvement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial and Economic Literacy Improvement Act of 2009''. SEC. 2. FINANCIAL AND ECONOMIC LITERACY EDUCATION GRANTS. (a) In General.--Part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241 et seq.) is amended by inserting after section 5537 the following: ``Subpart 13A--Financial and Economic Literacy Education ``SEC. 5538. FINANCIAL AND ECONOMIC LITERACY EDUCATION GRANTS. ``(a) Authorization.--The Secretary shall award grants to eligible entities to enable such entities-- ``(1) to award subgrants to local entities to provide financial and economic literacy education; and ``(2) to carry out activities designed to promote financial and economic literacy education. ``(b) Eligible Entities.--In this section, the term `eligible entity' means-- ``(1) a State educational agency; or ``(2) a State partnership consisting of-- ``(A) a State educational agency; ``(B) a nonprofit organization with experience and a proven quality track record in financial and economic literacy or personal finance education programs; and ``(C) a nonprofit organization with experience and a proven track record in quality professional development for teachers leading to higher student achievement in skills and subjects integral to financial and economic literacy or personal finance education. ``(c) Application.--An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(d) Formula.--From the total amount appropriated under subsection (g) for a fiscal year, the Secretary shall allot to each State for such fiscal year an amount that bears the same relation to such total amount as the amount such State received under part A of title I for such fiscal year bears to the total amount received by all States under part A of title I for such fiscal year. ``(e) Use of Funds.-- ``(1) Subgrants to eligible local entities.-- ``(A) Eligible local entity.--In this section, the term `eligible local entity' means-- ``(i) a local educational agency; or ``(ii) a local partnership consisting of-- ``(I) a local educational agency; and ``(II) not less than 1 of the following: ``(aa) A nonprofit organization with experience and a proven track record in quality financial and economic literacy or personal finance education programs. ``(bb) A nonprofit organization with experience and a proven track record in quality professional development for teachers leading to higher student achievement in skills and subjects integral to financial and economic literacy or personal finance education. ``(cc) An educational service agency. ``(dd) A recipient of an Excellence in Economic Education grant under subpart 13. ``(ee) An institution of higher education. ``(ff) A community organization. ``(gg) A representative of local business. ``(B) Authorization of subgrants.--An eligible entity that receives a grant under this section shall use 75 percent of such grant funds to award subgrants to eligible local entities. ``(C) Applications.-- ``(i) In general.--An eligible local entity that desires to receive a subgrant under this paragraph shall submit an application to the eligible entity at such time, in such manner, and accompanied by such information as the eligible entity may require. ``(ii) Review of applications.--The eligible entity shall review applications submitted under clause (i) in the same manner as applications are reviewed under section 5534(b). ``(D) Use of funds.--An eligible local entity that receives a subgrant under this paragraph-- ``(i) shall use the subgrant funds to-- ``(I) implement teacher training programs to embed financial and economic literacy and personal finance education into core academic subjects or to effectively coordinate the teaching of core academic subjects with teaching of financial and economic literacy and personal finance education; ``(II) administer financial and economic literacy assessments on not less than an annual basis in, at a minimum, the grade levels selected by the State pursuant to paragraph (2)(A); and ``(III) implement financial and economic literacy activities and sequences of study within, or coordinated with, core academic subjects; and ``(ii) may use the subgrant funds to implement school-based activities, including after school activities, to enhance student understanding and experiential learning with consumer, economic, and personal finance concepts. ``(E) Report.--An eligible local entity that receives a subgrant under this paragraph shall include in the annual report card under section 1111(h)(2) the same information on student achievement on the financial and economic literacy assessments, administered pursuant to subparagraph (D), as required, pursuant to section 1111(h)(2), of the other State academic assessments described in section 1111(b)(3). ``(2) State activities.--An eligible entity that receives a grant under this section shall use 25 percent of such grant funds to carry out the following: ``(A) The development of financial and economic literacy standards in not less than 3 grade levels, including not less than 1 grade level in elementary school, not less than 1 grade level in middle school, and not less than 1 grade level in high school. ``(B) The development of appropriate financial and economic literacy assessments in the grade levels determined under subparagraph (A) that are valid, reliable, and comparable across the State. ``(C) Teacher professional development programs to embed financial and economic literacy or personal finance education into core academic subjects. ``(D) An evaluation of the impact of financial and economic literacy or personal finance education on students' understanding of financial and economic literacy concepts. ``(f) Matching Funds.--An eligible entity that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 25 percent of the amount of the grant award to carry out activities required under this section. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $125,000,000 for each of fiscal years 2010 through 2015. ``SEC. 5539. FINANCIAL AND ECONOMIC LITERACY AND ECONOMIC EDUCATION CLEARINGHOUSE. ``(a) Clearinghouse.--The Secretary shall maintain a clearinghouse of best practices, tools, and instructional materials for financial and economic literacy and personal finance instruction, aligned with voluntary nationally recognized curriculum standards in such areas, for students of elementary school, secondary school, and postsecondary school age (to be known as the `Financial and Economic Literacy and Economic Education Clearinghouse'). ``(b) Activities.--The Financial and Economic Literacy and Economic Education Clearinghouse shall collect and disseminate high-quality materials on financial and economic literacy, including best practices, professional development, and teaching tools that are aligned with voluntary nationally recognized curriculum standards in such areas. ``(c) Accessibility.--The information of the Financial and Economic Literacy and Economic Education Clearinghouse shall-- ``(1) be housed in a centrally accessible and user-friendly format and location; and ``(2) be easily accessible from the Department of Education website. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2010 through 2015.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 5537 the following: ``Subpart 13A--Financial and Economic Literacy Education ``Sec. 5538. Financial and economic literacy education grants. ``Sec. 5539. Financial and Economic Literacy and Economic Education Clearinghouse.''. SEC. 3. GRANTS TO PROMOTE POSTSECONDARY FINANCIAL AND ECONOMIC LITERACY. Part A of title III of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.) is amended by adding at the end the following: ``SEC. 318. GRANTS TO PROMOTE POSTSECONDARY FINANCIAL AND ECONOMIC LITERACY. ``(a) Authorization of Grant Awards.--The Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to provide financial and economic literacy courses or course components to students. ``(b) Definition of Eligible Entity.--In this section, the term `eligible entity' means-- ``(1) an institution of higher education; or ``(2) a partnership consisting of-- ``(A) an institution of higher education; ``(B) a nonprofit organization with experience and a proven track record in quality financial and economic literacy or personal finance education programs; and ``(C) a nonprofit organization with experience and a proven track record in quality professional development for teachers leading to higher student achievement in skills and subjects integral to financial and economic literacy or personal financial education. ``(c) Application.--An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(d) Minimum Grant Amount.--The Secretary shall award grants under this section in amounts of not less than $500,000. ``(e) Use of Funds.--An eligible entity that receives a grant under this section shall use the grant funds to develop and implement financial and economic literacy education, activities, student organizations, or counseling that increase student knowledge in consumer, economic, and personal financial concepts. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $125,000,000 for each of the fiscal years 2010 through 2015.''.

Financial and Economic Literacy Improvement Act of 2009 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award formula matching grants to states or partnerships between states, experienced nonprofit providers of financial and economic literacy education, and experienced nonprofit providers of teacher training in such fields. Requires grantees to use 25% of the grant funds to: (1) develop financial and economic literacy standards and assessments for at least three grade levels; (2) create teacher training programs to embed financial and economic literacy education into core academic subjects; and (3) evaluate the impact such education has on students' financial and economic literacy. Requires the remaining grant funds to be used for subgrants to local educational agencies (LEAs) or partnerships between LEAs and community organizations, local businesses, or other educational entities to implement such financial literacy activities, including student assessments and teacher training. Directs the Secretary to maintain a Financial and Economic Literacy and Economic Education Clearinghouse of best practices, tools, and instructional materials that are aligned with voluntary nationally recognized curriculum standards in such areas. Amends the Higher Education Act of 1965 to direct the Secretary to award competitive grants to institutions of higher education (IHEs) or partnerships between IHEs, experienced nonprofit providers of financial and economic literacy education, and experienced nonprofit providers of teacher training in such fields for activities that increase student knowledge in consumer, economic, and personal financial concepts.

To provide grants to promote financial and economic literacy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``FHA Multifamily Housing Emergency Disposition Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) the Department of Housing and Urban Development has a large and growing inventory of multifamily housing projects owned by the Department and multifamily housing projects subject to mortgages in foreclosure that are held by the Department; (2) the total number of such housing projects in the inventory of the Department at the beginning of fiscal year 1993 was 444 and is likely to increase to 742 by the end of fiscal year 1998; (3) the Secretary of Housing and Urban Development has estimated that the Department will lose as much as $11,900,000,000 as a result of mortgage foreclosures on multifamily housing projects insured by the Department, which is equivalent to 25 percent of the value of all mortgages insured under the General Insurance Fund; (4) the Department is not prepared to manage an inventory of multifamily housing projects as large as the inventory expected by the end of fiscal year 1993, resulting in increased holding and disposition costs for such projects; and (5) existing laws would require the attachment of $7,000,000,000 of rental assistance in the form of 15-year contracts under section 8 of the United States Housing Act of 1937 to eliminate the backlog of multifamily housing projects in the inventory of the Department. (b) Purpose.--The purpose of this Act, therefore, is-- (1) to declare that an emergency exists with respect to the disposition of multifamily housing projects in the inventory of the Department; (2) to provide for flexibility in disposing of such projects by removing some of the statutory requirements that impede the sale of such projects; (3) to encourage assistance for residents of such projects through means other than rental assistance under section 8 of the United States Housing Act of 1937; and (4) to maintain, to the maximum extent possible, the low- income character of such projects while disposing of such projects in an economical and expeditious manner. SEC. 3. EMERGENCY PROVISIONS. (a) Authority.--During the period in which the property disposition emergency under this Act is in effect pursuant to section 4, the Secretary of Housing and Urban Development may dispose of any multifamily housing project in accordance with the provisions this Act. (b) Applicability of Section 203 Requirements.--The provisions of section 203 of the Housing and Community Development Amendments of 1978 shall apply to the disposition of multifamily housing projects under this Act, except to the extent that-- (1) any such provision is waived pursuant to section 5 of this Act; or (2) any such provision is inconsistent with any provision of this Act, and then only to the extent of such inconsistency. The Secretary may determine whether inconsistencies referred to in paragraph (2) exist. (c) Requirements.--In disposing of any subsidized or formerly subsidized multifamily housing project under this Act, the Secretary shall, to the extent that budget authority is available-- (1) enter into-- (A) a nonrenewable contract under section 8 of the United States Housing Act of 1937 having a term of not less than 60 months and not more than 180 months that provides project-based assistance for units in the project; or (B) annual contributions contracts with the appropriate public housing agency to provide tenant- based rental assistance under section 8 of the United States Housing Act of 1937 for a total term, including renewals, of not more than 180 months; and (2) provide the assistance under paragraph (1) on behalf of all of the very low-income families occupying the project on the date the project is sold by the Secretary (or such other prior date as the Secretary may determine appropriate), except that the Secretary may in addition provide such assistance to other eligible low-income families occupying such a project on such date if the Secretary determines that such assistance is appropriate under market conditions in the area in which the project is located. (d) Alternative Requirements.--In lieu of, or in addition to, the actions required under subsection (c), the Secretary shall-- (1) seek to ensure, through means other than assistance under such section 8, that rent charges for units in the project remain affordable (as such term is defined by the Secretary) for a reasonable period of time determined by the Secretary; (2) encourage the provision of assistance from non-Federal sources to maintain the affordability of rent charges for units in the project; and (3) encourage the sale of the project to a local nonprofit organization. (e) Unsubsidized Projects.--In connection with the disposition under this Act of a multifamily housing project that is not a subsidized or formerly subsidized project, the Secretary is not required to provide assistance under section 8 of the United States Housing Act of 1937, but the Secretary may take any of the actions specified in subsection (d). (f) Additional Assistance.--In order to facilitate the disposition of a multifamily housing project under this Act, the Secretary may provide project-based assistance under section 8 of the United States Housing Act of 1937 with respect to units for which such assistance is not required by this Act. (g) Nonrental Uses of Projects.--In disposing of any multifamily housing project under this Act, the Secretary may make the project or units in project available-- (1) for uses related to low-income housing other than rental or cooperative use, such as low-income homeownership opportunities, shelters for the homeless, and office space for resident or housing-related social services providers; and (2) for any other use, if the Secretary, in consultation with the local area-wide governing body, determines that such use will assist efforts to reduce the geographic concentration of low-income housing opportunities. SEC. 4. DURATION OF EMERGENCY. A property disposition emergency under this Act shall be in effect during the period that-- (1) begins upon the enactment of this Act; and (2) ends upon the conclusion of the third fiscal year that begins after the date of the enactment of this Act. SEC. 5. WAIVER OF DISPOSITION PLAN REQUIREMENTS. The Secretary may waive any of the provisions of section 203(e) of the Housing and Community Development Amendments of 1978 with respect to the disposition of any multifamily housing project under this Act, as the Secretary determines appropriate to expedite such disposition of multifamily housing projects. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Multifamily housing project.--The term ``multifamily housing project'' has the meaning given the term in section 203(i) of the Housing and Community Development Amendments of 1978. (2) Subsidized project and formerly subsidized project.-- The terms ``subsidized project'' and ``formerly subsidized project'' have the meanings given the terms in section 203(i)(2) of the Housing and Community Development Amendments of 1978, except that, notwithstanding subparagraph (E) of such section, such terms include multifamily housing projects receiving project-based housing assistance payments under section 8 of the United States Housing Act of 1937 or under section 23 of the United States Housing Act of 1937 (as in effect before January 1, 1975) for 50 percent or fewer of the units in the project immediately prior to the assignment of the mortgage on such project to, or acquisition of such mortgage by, the Secretary. (3) Low-income and very low-income.--The terms ``low- income'' and ``very low-income'' have the meanings given such terms in section 3(b) of the United States Housing Act of 1937. SEC. 7. CONFORMING AMENDMENT. Section 203(i)(2)(E) of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1701z-11(i)(2)(E)) is amended by inserting ``tenant-based'' before ``certificates''.

FHA Multifamily Housing Emergency Disposition Act of 1993 - Authorizes the Secretary of Housing and Urban Development (HUD) to dispose of HUD-held or -foreclosed multifamily housing projects without regard to specified provisions of the Housing and Community Development Amendments of 1978 during a three-year emergency period.

FHA Multifamily Housing Emergency Disposition Act of 1993