FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Substitute for Quality Teaching Demonstration Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Each day about 5 million children walk into 274,000 classrooms nationwide and find a substitute teacher. Students will spend the equivalent of one full year with a substitute teacher before they graduate from high school. (2) Virtually every State in the country is facing a substitute teacher shortage, a problem that has been exacerbated by increased demand for professional development opportunities for teachers. (3) In 73 percent of school districts, there is an immediate, urgent need for substitute teachers. (4) Nationwide, substitute teacher salaries average only $65 per day. In rural areas, rates are often as low as $40. Rarely do substitutes receive benefits. (5) This shortage is likely to grow to a crisis level within the next 10 years, as an acute shortage of substitute teachers develops because an unprecedented number of children will enter our schools. (6) The substitute teacher shortage has lead schools to relax their requirements and hire substitute teachers that are often underqualified. In all but one State, substitute teachers need no teaching certification. (7) In 28 States, principals may hire anyone with a high school diploma or a general equivalency diploma (GED) who is age 18 years or older. (8) Nearly 12 percent of districts do not require substitute teachers to fill out a job application. (9) Over half (56 percent) of school districts never have a face-to-face interview with potential substitutes. (10) In 30 percent of all school districts, no background checks are conducted on applicants for substitute teaching positions, and only half the districts check applicants' references. (11) Poorly trained substitute teachers have a negative impact on student academic performance. (12) States with lower academic achievement are twice as likely to allow less qualified substitutes in the classroom. Nine out of the ten lowest-ranked States in National Assessment of Educational Progress (NAEP) testing allowed substitute teachers with only a high school diploma to teach in their schools. In each of those States, education spending is thousands of dollars below the national average. (13) Of the top 25 States in education spending, 9 require at least a college degree for substitute teachers. (14) In 77 percent of school districts across the country, substitute teachers are given no training at all. (15) Alleviating the substitute teacher crisis would free up precious time for other teachers to spend in professional development programs. SEC. 3. DEMONSTRATION GRANT PROGRAM AUTHORIZED. Subject to the availability of appropriations, the Secretary of Education shall establish a competitive demonstration grant program to provide grants for a single academic year directly to not fewer than 50 nor more than 100 local educational agencies (as that term is defined in section 9101 of the Elementary and Secondary Education Act of 1965), or to regional consortia of such agencies acting together, that vary geographically and socioeconomically, to enable such agencies or consortia to experiment with ways to alleviate the substitute teacher shortage described in section 2. SEC. 4. SELECTION OF GRANT RECIPIENTS. In selecting grant recipients under section 3, the Secretary of Education shall select applicants that, collectively, will explore a range of options for addressing the substitute teacher shortage, such as-- (1) developing a public relations campaign targeted at likely substitute teacher candidates (such as retired teachers); (2) establishing permanent substitute teacher pools; (3) addressing issues that hinder the ability of administrators to find qualified substitute teachers; or (4) increasing the availability of content and skills training for substitute teachers. SEC. 5. REPORT TO CONGRESS. Not later than 1 year after the date the last grant made under section 3 expires, the Secretary of Education shall submit a report to the Congress describing the findings and results of the demonstration program under this Act, including-- (1) the programs or methods that best alleviated the substitute teacher shortage, and where those programs or methods worked best; and (2) the impact of economic conditions on the quality and availability of substitute teachers. SEC. 6. RULEMAKING AUTHORITY. The Secretary of Education may prescribe rules to carry out this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $5,000,000 for fiscal year 2003.

No Substitute for Quality Teaching Demonstration Act - Directs the Secretary of Education to establish a competitive demonstration grant program to provide grants for a single academic year directly to between 50 and 100 local educational agencies, or to regional consortia of such agencies acting together, that vary geographically and socioeconomically, to enable them to experiment with ways to alleviate the substitute teacher shortage.

To direct the Secretary of Education to establish a competitive demonstration grant program to provide funds for local educational agencies to experiment with ways to alleviate the substitute teacher shortage, and for other purposes.

SECTION 1. ESTABLISHMENT OF NONDEDUCTIBLE TAX-FREE INDIVIDUAL RETIREMENT ACCOUNTS. (a) In General.--Subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 (relating to pension, profit- sharing, stock bonus plans, etc.) is amended by inserting after section 408 the following new section: ``SEC. 408A. SPECIAL INDIVIDUAL RETIREMENT ACCOUNTS. ``(a) General Rule.--Except as provided in this section, a special individual retirement account shall be treated for purposes of this title in the same manner as an individual retirement plan. ``(b) Special Individual Retirement Account.--For purposes of this title, the term `special individual retirement account' means an individual retirement plan which is designated at the time of establishment of the plan as a special individual retirement account. ``(c) Treatment of Contributions.-- ``(1) No deduction allowed.--No deduction shall be allowed under section 219 for a contribution to a special individual retirement account. ``(2) Contribution limit.--The aggregate amount of contributions for any taxable year to all special individual retirement accounts maintained for the benefit of an individual shall not exceed the excess (if any) of-- ``(A) the maximum amount allowable as a deduction under section 219 with respect to such individual for such taxable year (determined without regard to section 219(g)), over ``(B) the amount so allowed. ``(3) Special rules for qualified transfers.-- ``(A) In general.--No rollover contribution may be made to a special individual retirement account unless it is a qualified transfer. ``(B) Limit not to apply.--The limitation under paragraph (2) shall not apply to a qualified transfer to a special individual retirement account. ``(d) Tax Treatment of Distributions.-- ``(1) In general.--Except as provided in this subsection, any amount paid or distributed out of a special individual retirement account shall not be included in the gross income of the distributee. ``(2) Exception for earnings on contributions held less than 5 years.-- ``(A) In general.--Any amount distributed out of a special individual retirement account which consists of earnings allocable to contributions made to the account during the 5-year period ending on the day before such distribution shall be included in the gross income of the distributee for the taxable year in which the distribution occurs. ``(B) Ordering rule.-- ``(i) First-in, first-out rule.-- Distributions from a special individual retirement account shall be treated as having been made-- ``(I) first from the earliest contribution (and earnings allocable thereto) remaining in the account at the time of the distribution, and ``(II) then from other contributions (and earnings allocable thereto) in the order in which made. ``(ii) Allocations between contributions and earnings.--Any portion of a distribution allocated to a contribution (and earnings allocable thereto) shall be treated as allocated first to the earnings and then to the contribution. ``(iii) Allocation of earnings.--Earnings shall be allocated to a contribution in such manner as the Secretary may by regulations prescribe. ``(iv) Contributions in same year.--Except as provided in regulations, all contributions made during the same taxable year may be treated as 1 contribution for purposes of this subparagraph. ``(C) Cross reference.-- ``For additional tax for early withdrawal, see section 72(t). ``(3) Qualified transfer.-- ``(A) In general.--Paragraph (2) shall not apply to any distribution which is transferred in a qualified transfer to another special individual retirement account. ``(B) Contribution period.--For purposes of paragraph (2), the special individual retirement account to which any contributions are transferred shall be treated as having held such contributions during any period such contributions were held (or are treated as held under this subparagraph) by the special individual retirement account from which transferred. ``(4) Special rules relating to certain transfers.-- ``(A) In general.--Notwithstanding any other provision of law, in the case of a qualified transfer to a special individual retirement account from an individual retirement plan which is not a special individual retirement account-- ``(i) there shall be included in gross income any amount which, but for the qualified transfer, would be includible in gross income, but ``(ii) section 72(t) shall not apply to such amount. ``(B) Time for inclusion.--In the case of any qualified transfer which occurs before January 1, 1994, any amount includible in gross income under subparagraph (A) with respect to such contribution shall be includible ratably over the 4-taxable year period beginning in the taxable year in which the amount was paid or distributed out of the individual retirement plan. ``(e) Qualified Transfer.--For purposes of this section-- ``(1) In general.--The term `qualified transfer' means a transfer to a special individual retirement account from another such account or from an individual retirement plan but only if such transfer meets the requirements of section 408(d)(3). ``(2) Limitation.--A transfer otherwise described in paragraph (1) shall not be treated as a qualified transfer if the taxpayer's adjusted gross income for the taxable year of the transfer exceeds the sum of the applicable dollar amount plus $10,000. This paragraph shall not apply to a transfer from a special individual retirement account to another special individual retirement account. ``(3) Definitions.--For purposes of this subsection, the terms `adjusted gross income' and `applicable dollar amount' have the meanings given such terms by section 219(g)(3), except subparagraph (A)(ii) thereof shall be applied without regard to the phrase `or the deduction allowable under this section'.'' (b) Early Withdrawal Penalty.--Section 72(t) of such Code is amended by adding at the end thereof the following new paragraph: ``(6) Rules relating to special individual retirement accounts.--In the case of a special individual retirement account under section 408A-- ``(A) this subsection shall only apply to distributions out of such account which consist of earnings allocable to contributions made to the account during the 5-year period ending on the day before such distribution, and ``(B) paragraph (2)(A)(i) shall not apply to any distribution described in subparagraph (A).'' (c) Excess Contributions.--Section 4973(b) of such Code is amended by adding at the end thereof the following new sentence: ``For purposes of paragraphs (1)(B) and (2)(C), the amount allowable as a deduction under section 219 shall be computed without regard to section 408A.'' (d) Conforming Amendment.--The table of sections for subpart A of part I of subchapter D of chapter 1 of such Code is amended by inserting after the item relating to section 408 the following new item: ``Sec. 408A. Special individual retirement accounts.'' (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 1993. (2) Qualified transfers in 1993.--The amendments made by this section shall apply to any qualified transfer during any taxable year beginning in 1993.

Amends the Internal Revenue Code to establish special individual retirement accounts that are nondeductible. Makes such accounts nontaxable if earnings on contributions are held for at least five years. Applies the early withdrawal penalty to distributions made before the end of the five year-period.

To amend the Internal Revenue Code of 1986 to permit nondeductible tax-free individual retirement accounts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community-Supported Agriculture Promotion Act''. SEC. 2. COMMUNITY-SUPPORTED AGRICULTURE PROMOTION PROGRAM. Subtitle A of title X of the Food, Conservation, and Energy Act of 2008 (122 Stat. 2097; Public Law 110-246) is amended by adding at the end the following: ``SEC. 10110. COMMUNITY-SUPPORTED AGRICULTURE PROMOTION PROGRAM. ``(a) Definitions.--In this section: ``(1) CSA.--The term `CSA' means a farm operated in a manner consistent with community-supported agriculture, as defined by the Secretary. ``(2) Nonprofit organization.--The term `nonprofit organization' means an organization, group, institute, or institution that qualifies as an organization described in section 501(c) of the Internal Revenue Code of 1986, and is exempt from taxation under section 501(a) of that Code. ``(3) Program.--The term `Program' means the Community- Supported Agriculture Promotion Program established under subsection (b). ``(4) Underserved community.--The term `underserved community' means a community (including an urban or rural community or an Indian tribe) that, as determined by the Secretary, has-- ``(A) limited access to affordable, healthy foods, including fresh fruits and vegetables; ``(B) a high incidence of a diet-related disease (including obesity) as compared to the national average; ``(C) a high rate of hunger or food insecurity; or ``(D) severe or persistent poverty. ``(b) Establishment.--The Secretary shall carry out a program, to be known as the `Community-Supported Agriculture Promotion Program', to promote community-supported agriculture. ``(c) Program Purposes.--The purposes of the Program are-- ``(1) to assist in the improvement or expansion of existing CSAs; ``(2) to assist in the development of new CSAs; ``(3) to enhance the economic viability of agricultural producers; ``(4) to enhance the relationship between consumers and agricultural producers; ``(5) to encourage outreach and education activities that develop consumer interest in CSA participation; ``(6) to assist in the development, improvement, or expansion of innovative delivery and distribution programs that stimulate consumer interest in CSA participation; and ``(7) to assist in the development, improvement, and expansion of multifarm CSAs that-- ``(A) allow agricultural producers to concentrate on the production of a few crops or the development of value-added products; and ``(B) stimulate consumer interest in CSA participation by offering an increased variety of products. ``(d) Eligible Entities.--An entity shall be eligible to receive a grant under the Program if the entity is-- ``(1) a nonprofit organization; ``(2) an extension service program operated through an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); ``(3) an agricultural producer; ``(4) a State or local government; ``(5) a public benefit corporation; or ``(6) such other entity as the Secretary may designate. ``(e) Criteria and Guidelines.-- ``(1) In general.--The Secretary shall establish criteria to evaluate and rank proposed projects under the Program. ``(2) Preference.--In developing the criteria, the Secretary shall emphasize support for-- ``(A) public entities and nonprofit organizations that propose in an application to provide substantial financial and technical assistance directly to CSAs from individual- or family-operated farms; ``(B) CSAs from individual- or family-operated farms; ``(C) the expansion of CSAs into underserved communities; ``(D) CSAs operated by or employing veterans (as defined in section 101 of title 38, United States Code); and ``(E) the development, improvement, or expansion of innovative delivery and distribution programs that stimulate consumer interest in CSA participation. ``(f) Funding.-- ``(1) In general.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section-- ``(A) $10,000,000 for fiscal year 2012; ``(B) $12,000,000 for each of fiscal years 2013 through 2015; and ``(C) $15,000,000 for each fiscal years 2016 through 2018. ``(2) Interdepartmental coordination.--In carrying out this subsection, the Secretary shall ensure, to the maximum extent practicable, coordination between the applicable agencies.''. SEC. 3. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Community-Supported Agriculture Promotion Act - Amends the Food, Conservation, and Energy Act of 2008 to direct the Secretary of Agriculture (USDA) to carry out a Community-Supported Agriculture Promotion program to promote community-supported agriculture. Provides Commodity Credit Corporation (CCC) funding for the program through FY2018.

A bill to amend the Food, Conservation, and Energy Act of 2008 to establish a community-supported agriculture promotion program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Shortage Prevention Act of 2012''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Actions by Food and Drug Administration To Address Critical Drug Shortages. Sec. 4. Actions by Attorney General To Address Critical Drug Shortages. SEC. 3. ACTIONS BY FOOD AND DRUG ADMINISTRATION TO ADDRESS CRITICAL DRUG SHORTAGES. Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 506C (21 U.S.C. 356c) the following: ``SEC. 506D. ADDRESSING CRITICAL DRUG SHORTAGES. ``(a) Definitions.--In this section: ``(1) The term `biological product' has the meaning given to such term in section 351(i) of the Public Health Service Act. ``(2) The term `critical drug' has the meaning given to such term by the Secretary pursuant to subsection (b)(2). ``(3) The term `critical drug shortage' has the meaning given to such term by the Secretary pursuant to subsection (c)(2). ``(4) The term `relevant stakeholders' includes-- ``(A) with respect to drugs and biological products, manufacturers, distributors, and group purchasing organizations; and ``(B) health care providers. ``(b) National Critical Drug List.-- ``(1) List.--The Secretary shall-- ``(A) not later than 180 days after the date of the enactment of this section, establish a list identifying each critical drug; ``(B) promptly remove any drug or biological product from such list if the drug or biological product no longer meets the definition of a critical drug established pursuant to paragraph (2); ``(C) consider for inclusion in such list-- ``(i) each drug and biological product that is-- ``(I) approved or licensed under section 505 of this Act or section 351 of the Public Health Service Act; or ``(II) otherwise marketed pursuant to regulation by the Food and Drug Administration; and ``(ii) each such drug or biological product for which a new indication is approved; ``(D) include in such list, with respect to each listed critical drug, information concerning the number and identity of the manufacturers of such drug; ``(E) make such list publicly available; and ``(F) review and update such list semiannually. ``(2) Definition.--Not later than 90 days after the date of the enactment of this section, the Secretary shall define the term `critical drug' for purposes of this section. In defining such term, the Secretary shall-- ``(A) solicit input from relevant stakeholders through a public hearing or an opportunity to provide written comments; ``(B) take into account the medical necessity of a drug or biological product and exclude any drug or biological product that is not medically necessary; and ``(C) take into account the vulnerability of a drug or biological product to shortage, including because of the number of manufacturers and sources of active ingredients involved. ``(3) Request for removal.-- ``(A) In general.--The manufacturer of a drug or biological product on the list established under paragraph (1) may request that the Secretary remove the drug or biological product from the list on the basis that the drug or biological product does not satisfy the definition of a critical drug. ``(B) Action by the secretary.--Not later than 45 days after receipt of such a request, the Secretary shall review the determination that the drug or biological product is a critical drug and-- ``(i) remove the drug or biological product from the list established under paragraph (1) if the Secretary determines that the drug is not a critical drug; or ``(ii) provide to the manufacturer submitting such request an explanation of why the drug or biological product was properly determined to be a critical drug. ``(c) National Critical Drug Shortage List.-- ``(1) List.--The Secretary shall-- ``(A) not later than 1 year after the date of the enactment of this section, establish and make publicly available a list identifying each critical drug that is in a critical drug shortage; and ``(B) not less than monthly, review and, as appropriate, update such list. ``(2) Definition.--Not later than 180 days after the date of the enactment of this section, the Secretary shall define the term `critical drug shortage' for purposes of this section. In defining such term, the Secretary shall-- ``(A) solicit input from relevant stakeholders through a public hearing or an opportunity to provide written comments; and ``(B) limit the definition to actual shortages in the United States of critical drugs. ``(3) Contents.--The list established under paragraph (1) shall, with respect to each listed critical drug shortage, include at a minimum access to the following information: ``(A) Indication of the severity of the shortage. ``(B) Each reason for the shortage. ``(C) An estimated date by which the critical drug involved will begin reaching providers in quantities sufficient to meet demand. ``(D) Identification of alternate therapies. ``(E) Identification of specific regions of the country particularly affected or specifically not affected by the shortage. ``(4) Request for removal.-- ``(A) In general.--The manufacturer of a critical drug included on the list established under paragraph (1) may request that the Secretary remove the critical drug from the list on the basis that the drug is not in a critical drug shortage. ``(B) Action by the secretary.--Not later than 45 days after receipt of such a request, the Secretary shall review the determination that a critical drug shortage exists and-- ``(i) remove the critical drug from the list if the Secretary determines that the drug is not in a critical drug shortage; or ``(ii) provide to the manufacturer submitting such request an explanation of why the critical drug was properly determined to be in a critical drug shortage. ``(d) Supply Chain Communication Infrastructure.-- ``(1) Notifications to public.-- ``(A) In general.--The Secretary shall establish and implement a proactive system for giving notice to the public concerning additions and other modifications to the list under subsection (c)(1) regarding critical drug shortages. ``(B) System requirements.--The system under subparagraph (A) shall provide such notices-- ``(i) to any member of the public on an opt-in basis; and ``(ii) in written form comprehensible to a lay reader. ``(C) Initial implementation.--The Secretary shall begin implementation of the system under subparagraph (A) not later than 1 year after the date of the enactment of this section. ``(2) Notifications to manufacturers and distributors.-- ``(A) In general.--The Secretary shall establish and implement a system for giving notice of any imminent critical drug shortage to-- ``(i) any manufacturer of the critical drug registered under section 510; ``(ii) any manufacturer so registered with capacity to manufacture the critical drug or an alternate therapy to the critical drug; and ``(iii) subject to subparagraph (B) and at the Secretary's discretion, any wholesale distributor of the critical drug that has a contractual relationship with-- ``(I) the manufacturer of the critical drug; or ``(II) an authorized distributor of record (as such term is defined in section 503(e)(3)) of the critical drug. ``(B) Wholesale distributors participating in unlawful activities.--If the Attorney General determines that a wholesale distributor of a critical drug is participating in stockpiling, price gouging, or other unlawful activities related to the distribution of a critical drug, the Secretary shall withhold any notification that would otherwise be made to the distributor under subparagraph (A) with respect to the critical drug until the Attorney General determines that the distributor is no longer participating in such activities. ``(C) Initial implementation.--The Secretary shall begin implementation of the system under subparagraph (A) not later than 180 days after the date of the enactment of this section. ``(3) Notifications to attorney general.--The Secretary shall-- ``(A) give notice to the Attorney General of any critical drug shortage listed under subsection (c); and ``(B) provide such information to the Attorney General as may be necessary to determine the extent to which it is appropriate to increase one or more production quotas under section 306(h) of the Controlled Substances Act in order to address such shortage. ``(e) Study on Feasibility of National Contingency Plan.-- ``(1) Study.--The Secretary shall conduct a study on the feasibility of creating a national contingency plan addressing critical drug shortages, including with respect to-- ``(A) the creation of a Federal stockpile of critical drugs for the purpose of responding to potential critical drug shortages; or ``(B) the expansion of an existing Federal stockpile of drugs to include critical drugs for such purpose. ``(2) Consultation.--In conducting the study under paragraph (1), the Secretary shall consult with relevant stakeholders. ``(3) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall complete the study required by paragraph (1) and submit to the Congress a report on the results of such study. ``(f) Approval of Drugs.-- ``(1) Expedited review.--The Secretary shall expedite the review of-- ``(A) any application seeking approval of a critical drug under subsection (c) or (j) of section 505 of this Act or licensing of a critical drug under section 351 of the Public Health Service Act; and ``(B) any request by the sponsor of a critical drug to approve-- ``(i) a change to the manufacturing process for a critical drug, including any change in the facilities used for such process; or ``(ii) an alternate supplier of any active ingredient in a critical drug. ``(2) No delay of other applications.--In expediting the review of applications and requests under paragraph (1), the Secretary shall not unnecessarily delay the review of applications and requests for drugs and biological products that are not critical drugs. ``(3) Establishment of procedures and timeframes.--Not later than 90 days after the date of the enactment of this section, the Secretary, with input from relevant stakeholders, shall establish procedures and timeframes for providing expedited review under paragraph (1). ``(g) Improved Regulation.--The Secretary shall review and improve the process for regulating critical drugs so as to-- ``(1) ensure that, at each stage of such process, the status of such drugs as critical drugs is taken into consideration; ``(2) improve communications between the offices and officials of the Food and Drug Administration responsible for approving and regulating critical drugs and the offices and officials of the Food and Drug Administration responsible for identifying and addressing critical drug shortages; and ``(3) ensure that any new regulatory concern about a critical drug identified by Food and Drug Administration personnel is communicated-- ``(A) within 1 business day to the office of the Food and Drug Administration responsible for identifying and addressing critical drug shortages; and ``(B) within 5 business days to the manufacturer of the critical drug. ``(h) Confidentiality.-- ``(1) In general.--Except as described in paragraph (2), in carrying out this section, the Secretary shall not disclose-- ``(A) any trade secret or other matter that is referred to in section 1905 of title 18 of the United States Code, or ``(B) any trade secret or other commercial or financial information that is exempt from disclosure under section 552(b)(4) of title 5 of the United States Code. ``(2) Disclosure to federal officers and employees.--The Secretary may disclose such matter or information to an officer or employee of the Federal Government, but only if-- ``(A) such disclosure is for the purpose of carrying out this section or section 306(h) of the Controlled Substances Act; and ``(B) any further disclosure of such matter or information by the officer and employee is restricted to the same extent as disclosure of such matter or information by the Secretary. ``(i) Sense of Congress Regarding Increase in Personnel.--It is the sense of the Congress that the Food and Drug Administration should increase the number of personnel responsible for identifying and addressing critical drug shortages.''. SEC. 4. ACTIONS BY ATTORNEY GENERAL TO ADDRESS CRITICAL DRUG SHORTAGES. Section 306 of the Controlled Substances Act (21 U.S.C. 826) is amended by adding at the end the following: ``(h) If the Secretary of Health and Human Services lists a critical drug shortage under section 506D(c) of the Federal Food, Drug, and Cosmetic Act, and the drug involved or any ingredient therein is a controlled substance subject to a quota under this section, then the Attorney General shall increase such quota to the extent determined by the Attorney General, in consultation with the Secretary of Health and Human Services, to be appropriate to address the critical drug shortage.''.

Drug Shortage Prevention Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services (HHS) to: (1) define the term "critical drug" based on the medical necessity and vulnerability to shortage of a drug or biological product; (2) establish, make publicly available, and update semiannually a list identifying each critical drug and its manufacturers; (3) promptly remove from such list any drug or biological product that no longer meets such definition; and (4) establish, make publicly available, and update monthly a list identifying each critical drug that is in a critical drug shortage in the United States, the severity of and reason for the shortage, alternate therapies and regions particularly affected, and an estimated date by which the necessary quantities of the drug will begin reaching providers. Allows manufacturers to request removal of a drug from such lists on the basis that it doesn't meet the definition of "critical drug" or is not in a critical drug shortage. Directs the Secretary to: (1) establish a proactive system for giving notice to the public concerning modifications to the critical drug shortage list, (2) establish a system for giving notice of any imminent critical drug shortage to critical drug manufacturers and wholesale distributors and manufacturers of alternative therapies, (3) notify the Attorney General of any critical drug shortage, (4) study the feasibility of creating a national contingency plan addressing critical drug shortages, (5) expedite the review of applications for approval of critical drugs and requests by sponsors of such drugs to approve manufacturing process changes or alternate suppliers of active ingredients, and (6) improve the process for regulating critical drugs. Express the sense of Congress that the Food and Drug Administration (FDA) should increase the number of personnel responsible for identifying and addressing critical drug shortages. Amends the Controlled Substances Act to direct the Attorney General to increase a quota as appropriate for a drug listed in a critical drug shortage that is or contains a controlled substance.

To address critical drug shortages.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mountains to Sound Greenway National Heritage Act''. SEC. 2. PURPOSES. The purposes of this Act include-- (1) to recognize the national importance of the natural and cultural legacies of the area, as demonstrated in the study entitled ``Mountains to Sound Greenway National Heritage Area Feasibility Study'' dated April 2012; (2) to recognize the heritage of natural resource conservation in the Pacific Northwest and in the Mountains to Sound Greenway; (3) to preserve, support, conserve, and interpret the legacy of natural resource conservation and community stewardship, passed from generation-to-generation within the Heritage Area; (4) to promote heritage, cultural, and recreational tourism and to develop educational and cultural programs for visitors and the general public; (5) to recognize and interpret important events and geographic locations representing key developments in the creation of America, particularly the settlement of the American West and the stories of diverse ethnic groups, including Indians and others; (6) to enhance a cooperative management framework to assist Federal, State, local, and tribal governments, the private sector, and citizens residing in the Heritage Area in conserving, supporting, managing, enhancing, natural, and recreational sites in the Heritage Area; (7) to recognize and interpret the relationship between land and people, representing broad American ideals demonstrated through the integrity of existing resources within the Heritage Area; and (8) to support working relationships between public land managers and the community by creating relevant linkages between the National Park Service, the Forest Service, other relevant Federal agencies, Indian tribes, State and local governments and agencies, and community stakeholders within and surrounding the Heritage Area in order to protect, enhance, and interpret cultural and natural resources within the Heritage area. SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Mountains to Sound Greenway National Heritage Area established in this Act. (2) Local coordinating entity.--The term ``local coordinating entity'' means the entity selected by the Secretary under this Act. (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area required under section 4. (4) Map.--The term ``Map'' means the map titled ``Mountains to Sound Greenway National Heritage Area Proposed Boundary'' numbered 584/125,484, and dated August 2014. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Washington. (7) Tribal.--The term ``tribal'' means the federally recognized Indian tribes with usual and accustomed places in the Heritage Area, including the Snoqualmie, Yakama, Tulalip, Muckleshoot, and Colville Indian tribes. SEC. 4. DESIGNATION OF THE MOUNTAINS TO SOUND GREENWAY NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State the Mountains to Sound Greenway National Heritage Area. (b) Boundaries.--The Heritage Area shall consist of land located in King and Kittitas Counties in the State, as generally depicted on the map. (c) Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service, the United States Forest Service, and the local coordinating entity. (d) Local Coordinating Entity.--The Secretary shall designate a willing local unit of government or a non-profit organization to serve as the coordinating entity for the Heritage Area within 120 days of the enactment of this Act. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of the enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b) Requirements.--The management plan shall-- (1) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area; (2) take into consideration Federal, State, and local plans; (3) include-- (A) an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area which relate to the national importance and themes of the Heritage Area that should be conserved and enhanced; (B) a description of strategies and recommendations for conservation, funding, management, and development of the Heritage Area; (C) a description of the actions that governments, private organizations, and individuals have agreed to take to protect the natural, cultural, historical, scenic, and recreational resources of the Heritage Area; (D) a program of implementation for the management plan by the local coordinating entity, including-- (i) performance goals; and (ii) commitments for implementation made by partners; (E) the identification of sources of funding for carrying out the management plan; (F) analysis and recommendations for means by which Federal, State, and local programs may best be coordinated to carry out this section; (G) an interpretive plan for the Heritage Area; (H) recommended policies and strategies for resource management, including the development of intergovernmental and interagency cooperative agreements to protect the natural, cultural, historical, scenic, and recreational resources of the Heritage Area; and (I) a definition of the roles of the National Park Service, the Forest Service and other Federal agencies in the coordination of the Heritage Area and in otherwise furthering the purposes of this Act. (c) Deadline.--If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of the enactment of this Act, the local coordinating entity shall be ineligible to receive additional funding under this Act until the date on which the Secretary receives and approves the management plan. (d) Approval or Disapproval of Management Plan.-- (1) In general.--Not later than 180 days after the date of receipt of the proposed management plan, the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Criteria for approval.--In determining whether to approve the management plan, the Secretary shall consider whether-- (A) the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (B) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, cultural, historical, scenic, and recreational resources of the Heritage Area. (e) Action Following Disapproval.--If the Secretary disapproves the management plan, the Secretary shall-- (1) advise the local coordinating entity in writing of the reasons for the disapproval; (2) make recommendations to the local coordinating entity for revisions to the management plan; and (3) not later than 180 days after the receipt of any revised management plan from the local coordinating entity, approve or disapprove the revised management plan. (f) Amendments.--The Secretary shall review and approve or disapprove in the same manner as the original management plan, each amendment to the management plan that makes a substantial change to the management plan, as determined by the Secretary. The local coordinating entity shall not carry out any amendment to the management plan until the date on which the Secretary has approved the amendment. SEC. 6. ADMINISTRATION. (a) Authorities.--For purposes of implementing the management plan, the Secretary and Forest Service may-- (1) provide technical assistance for the implementation of the management plan; (2) enter into cooperative agreements with the local coordinating entity, State and local agencies, and other interested parties to carry out this Act, including cooperation and cost sharing as appropriate to provide more cost-effective and coordinated public land management; and (3) the authority of the Secretary to provide technical assistance under this Act terminates on the date that is 15 years after the date of the enactment of this Act. (b) Local Coordinating Entity Authorities.--For purposes of implementing the management plan, the local coordinating entity may-- (1) make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons; (2) enter into cooperative agreements with, or provide technical assistance to, Federal agencies, the State or political subdivisions of the State, nonprofit organizations, and other interested parties; (3) hire and compensate staff, including individuals with expertise in natural, cultural, historical, scenic, and recreational resource protection and heritage programming; (4) obtain money or services from any source, including any money or services that are provided under any other Federal law or program; (5) contract for goods or services; and (6) undertake to be a catalyst for other activities that-- (A) further the purposes of the Heritage Area; and (B) are consistent with the management plan. (c) Local Coordinating Entity Duties.--The local coordinating entity shall-- (1) in accordance with section 4, prepare and submit a management plan to the Secretary; (2) assist units of Federal, State, and local government, regional planning organizations, non-profit organizations, and other interested parties in carrying out the approved management plan by-- (A) carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area; (B) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (C) developing recreational and educational opportunities in the Heritage Area; and (D) increasing public awareness of, and appreciation for, the natural, cultural, historical, scenic, and recreational resources of the Heritage Area; (3) consider the interests of diverse units of government, business, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (4) conduct meetings open the public at least semiannually regarding the development and implementation of the management plan; (5) encourage, by appropriate means, economic viability that is consistent with the Heritage Area; (6) submit a report to the Secretary every five years after the Secretary has approved the management plan, specifying-- (A) the expenses and income of the local coordinating entity; and (B) significant grants or contracts made by the local coordinating entity to any other entity over the 5-year period that describes the activities, expenses, and income of the local coordinating entity (including grants from the local coordinating entity to any other entity during the year that the report is made). (7) Prohibition on acquisition of real property.--The local coordinating entity may not acquire real property or interest in real property through condemnation. (d) Use of Federal Funds.--Nothing in this Act shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized. SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and Coordination.--Any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the local coordinating entity to the maximum extent practicable. (c) Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner-- (A) to allow public access (including access by Federal, State, or local agencies) to the property of the property owner; or (B) to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory of any Federal, State, tribal, or local agency; (4) conveys any land use or other regulatory authority to the local coordinating entity, including but not necessarily limited to development and management of energy or water or water-related infrastructure; (5) authorizes or implies the reservation or appropriation of water or water rights; (6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; (7) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property; (8) affects current or future grazing permits, leases, or allotment on Federal lands; or (9) affects the construction, operation, maintenance or expansion of current or future water projects, including water storage, hydro-electric facilities, or delivery systems. SEC. 9. EVALUATION AND REPORT. (a) In General.--Not later than 15 years after the date of the enactment of this Act, the Secretary shall-- (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation.--An evaluation conducted under subsection (a)(1) shall-- (1) assess the progress of the local coordinating entity with respect to-- (A) accomplishing the purposes of the Heritage Area; and (B) achieving the goals and objectives of the management plan; (2) analyze the investments of Federal, State, tribal, and local governments and private entities in the Heritage Area to determine the impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report.--Based on the evaluation conducted under subsection (a)(1), the Secretary 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 includes recommendations for the future role of the National Park Service with respect to the Heritage Area.

Mountains to Sound Greenway National Heritage Act Establishes the Mountains to Sound Greenway National Heritage Area in the state of Washington. Directs the Department of the Interior to designate a willing local unit of government or a nonprofit organization to serve as the coordinating entity for the Heritage Area, which shall prepare and submit a management plan for it.

Mountains to Sound Greenway National Heritage Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Steve Grissom Relief Fund Act of 2005''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--RELIEF FUND Sec. 101. Steve Grissom relief fund. Sec. 102. Compassionate payments. Sec. 103. Determination and payment. Sec. 104. Limitation on transfer of rights and number of petitions. Sec. 105. Time limitation. Sec. 106. Certain claims not affected by payment. Sec. 107. Definitions. TITLE II--TREATMENT OF CERTAIN PAYMENTS UNDER THE SSI PROGRAM Sec. 201. Treatment of certain payments under the SSI program. TITLE I--RELIEF FUND SEC. 101. STEVE GRISSOM RELIEF FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the ``Steve Grissom Relief Fund'', which shall be administered by the Secretary of the Treasury. (b) Investment of Amounts in Fund.--Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on and proceeds from any such investment shall be credited to and become part of the Fund. (c) Availability of Fund.--Amounts in the Fund shall be available only for disbursement by the Secretary of Health and Human Services under section 103. (d) Termination.--The Fund shall terminate upon the expiration of the 5-year period beginning on the date of the enactment of this Act. If all of the amounts in the Fund have not been expended by the end of the 5-year period, investments of amounts in the Fund shall be liquidated, the receipts of such liquidation shall be deposited in the Fund, and all funds remaining in the Fund shall be deposited in the miscellaneous receipts account in the Treasury of the United States. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Fund such sums as may be necessary to carry out this title. SEC. 102. COMPASSIONATE PAYMENTS. (a) In General.--If the conditions described in subsection (b) are met and if there are sufficient amounts in the Fund to make each payment, the Secretary shall make a single payment of $100,000 from the Fund to any individual who has an HIV infection, or who is diagnosed with AIDS, and who is described in one of the following paragraphs: (1) The individual was treated with HIV contaminated blood transfusion, HIV contaminated blood components, HIV contaminated human tissue, or HIV contaminated organs (excluding anti-hemophiliac factor) in the United States. (2) The individual-- (A) is the lawful spouse of an individual described in paragraph (1); or (B) is the former lawful spouse of an individual described in paragraph (1), was the lawful spouse of the individual at any time after the individual described in paragraph (1) was treated as described in such paragraph, and through medical documentation can assert reasonable certainty of transmission of HIV from the individual described in paragraph (1). (3) The individual acquired the HIV infection through perinatal transmission from a parent who is an individual described in paragraph (1) or (2). (b) Conditions.--The conditions described in this subsection are, with respect to an individual, as follows: (1) Submission of medical documentation of hiv infection.-- (A) In general.--The individual submits to the Secretary written medical documentation that demonstrates that-- (i) the individual has (or had) an HIV infection; (ii) in the case of an individual described in subsection (a)(1), the individual was treated with a blood transfusion, blood components, human tissue, or organs (excluding anti-hemophiliac factor) provided by a medical professional in the United States; (iii) prior to the treatment described in clause (ii), there was no evidence of HIV infection with respect to the individual involved; and (iv) a comprehensive physical examination, or HIV testing, was conducted after the treatment described in clause (ii) and reveals evidence of HIV infection, and that evidence, together with other medical records, indicates the probable transmission of the HIV to the individual through such treatment. (B) Waivers.--The Secretary may waive the requirements of subparagraph (A) with respect to an individual if the Secretary determines that the individual is unable to provide the documentation required under such subparagraph because the documents involved were destroyed or otherwise made unavailable as a result of the occurrence of a natural disaster or other circumstance beyond the control of the individual. (2) Petition.--A petition for the payment is filed with the Secretary by or on behalf of the individual. (3) Determination.--The Secretary determines, in accordance with section 103(b), that the petition meets the requirements of this title. (c) Fraud.--Any individual who-- (1) knowingly and willfully makes or causes to be made any false statement or representation of a material fact in connection with any documentation provided under this subsection; or (2) having knowledge of the occurrence of any event affecting his or her initial or continued right to any payment under this title conceals or fails to disclose such event with an intent fraudulently to secure such payment; shall be fined not more than $100,000 or imprisoned for not more than 5 years, or both. SEC. 103. DETERMINATION AND PAYMENT. (a) Establishment of Filing Procedures.--The Secretary shall establish procedures under which individuals may submit petitions for payment under this title. The procedures shall include a requirement that each petition filed under this title include written medical documentation that the relevant individual described in section 102(a)(1) received the treatment described in such section. (b) Determination.--For each petition filed under this title, the Secretary shall determine whether the petition meets the requirements of this title. (c) Payment.-- (1) In general.--To the extent there are sufficient amounts in the Fund to cover each payment, the Secretary shall pay, from the Fund, each petition that the Secretary determines meets the requirements of this title in the order received. (2) Payments in case of deceased individuals.-- (A) In general.--In the case of an individual referred to in section 102(a) who was diagnosed with AIDS and who is deceased at the time that payment is made under this section on a petition filed by or on behalf of the individual, the payment shall be made as follows: (i) If the individual is survived by a spouse who is living at the time of payment, the payment shall be made to such surviving spouse. (ii) If the individual is not survived by a spouse described in clause (i), the payment shall be made in equal shares to all children of the individual who are living at the time of the payment. (iii) If the individual is not survived by a person described in clause (i) or (ii), the payment shall be made in equal shares to the parents of the individual who are living at the time of the payment. (iv) If the individual is not survived by a person described in clause (i), (ii), or (iii), the payment shall revert back to the Fund. (B) Filing of petition by survivor.--If an individual eligible for payment under section 102(a) dies before filing a petition under this title, a survivor of the individual may file a petition for payment under this title on behalf of the individual if the survivor may receive payment under subparagraph (A). (C) Definitions.--For purposes of this paragraph: (i) Spouse.--The term ``spouse'' means an individual who was lawfully married to the relevant individual at the time of death. (ii) Child.--The term ``child'' includes a recognized natural child, a stepchild who lived with the relevant individual in a regular parent-child relationship, and an adopted child. (iii) Parent.--The term ``parent'' includes fathers and mothers through adoption. (3) Timing of payment.--The Secretary may not make a payment on a petition under this title before the expiration of the 120-day period beginning on the date of the enactment of this Act or after the expiration of the 5-year period beginning on the date of the enactment of this Act. (d) Action on Petitions.--The Secretary shall complete the determination required by subsection (b) regarding a petition not later than 120 days after the date the petition is filed under this title. (e) Humanitarian Nature of Payment.--This title does not create or admit any claim of or on behalf of the individual against the United States or against any officer, employee, or agent thereof acting within the scope of employment or agency that relates to an HIV infection arising from a treatment described in section 102(a)(1). A payment under this title shall, however, when accepted by or on behalf of the individual, be in full satisfaction of all such claims by or on behalf of that individual. (f) Termination of Duties of Secretary.--The duties of the Secretary under this section shall cease when the Fund terminates. (g) Treatment of Payments Under Other Laws.--A payment under subsection (c)(1) to an individual-- (1) shall be treated for purposes of the Internal Revenue Code of 1986 as damages described in section 104(a)(2) of such Code; (2) shall not be included as income or resources for purposes of determining the eligibility of the individual to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits, and such benefits shall not be secondary to, conditioned upon reimbursement from, or subject to any reduction because of receipt of, any such payment; and (3) shall not be treated as a third party payment or payment in relation to a legal liability with respect to such benefits and shall not be subject (whether by subrogation or otherwise) to recovery, recoupment, reimbursement, or collection with respect to such benefits (including the Federal or State governments or any entity that provides such benefits under a contract). (h) Regulatory Authority.--The Secretary may issue regulations necessary to carry out this title. (i) Time of Issuance of Procedures.--The Secretary shall, through the promulgation of appropriate regulations, guidelines, or otherwise, first establish the procedures to carry out this title not later than 120 days after the date of the enactment of this Act. SEC. 104. LIMITATION ON TRANSFER OF RIGHTS AND NUMBER OF PETITIONS. (a) Rights not Assignable or Transferable.--Any right under this title shall not be assignable or transferable. (b) One Petition With Respect to Each Victim.--With respect to each individual described in paragraph (1), (2), or (3) of section 102(a), the Secretary may not make payment with respect to more than one petition filed in respect to an individual. SEC. 105. TIME LIMITATION. The Secretary may not make any payment with respect to any petition filed under this title unless the petition is filed within 5 years after the date of the enactment of this Act. SEC. 106. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT. A payment made under section 103(c)(1) shall not be considered as any form of compensation, or reimbursement for a loss, for purposes of imposing liability on the individual receiving the payment, on the basis of such receipt, to repay any insurance carrier for insurance payments or to repay any person on account of worker's compensation payments. A payment under this title shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to worker's compensation. SEC. 107. DEFINITIONS. For purposes of this title: (1) AIDS.--The term ``AIDS'' means acquired immune deficiency syndrome. (2) Fund.--The term ``Fund'' means the Steve Grissom Relief Fund. (3) HIV.--The term ``HIV'' means human immunodeficiency virus. (4) Secretary.--Unless otherwise provided, the term ``Secretary'' means the Secretary of Health and Human Services. TITLE II--TREATMENT OF CERTAIN PAYMENTS UNDER THE SSI PROGRAM SEC. 201. TREATMENT OF CERTAIN PAYMENTS UNDER THE SSI PROGRAM. (a) In General.--Notwithstanding any other provision of law, the payments described in subsection (b) shall not be considered income or resources in determining eligibility for, or the amount of supplemental security income benefits under, title XVI of the Social Security Act. (b) Government Payments Described.--The payments described in this subsection are payments made from the Fund established pursuant to section 101 of this Act.

Steve Grissom Relief Fund Act of 2005 - Establishes the Steve Grissom Relief Fund in the Treasury. Directs the Secretary of Health and Human Services to make a single payment from the Fund to any individual infected with HIV or diagnosed with AIDS who: (1) was treated with HIV-contaminated blood, blood components, human tissue, or organs; (2) is the lawful spouse of an individual so treated; (3) is a former spouse of such an individual and can assert reasonable certainty of transmission of HIV from such individual; and (4) acquired HIV through perinatal transmission from such an individual or individual's spouse. Sets forth documentation, petition, determination, and payment procedures. States that such payments do not create or admit any claim, but do constitute full satisfaction of all claims by or on behalf of such an individual. Provides that such payments do not constitute income for tax, benefits, or other purposes. Prohibits the assignment or transfer of rights under this Act. Limits petitions to one per victim. Terminates the program after five years. Excludes payments from consideration as: (1) compensation or reimbursement in determining repayment for insurance or worker's compensation benefits; or (2) income or resources in determining eligibility for social security income benefits.

To provide for compassionate payments with regard to individuals who contracted human immunodeficiency virus due to the provision of a contaminated blood transfusion, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unborn Victims of Violence Act of 2001''. SEC. 2. PROTECTION OF UNBORN CHILDREN. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 90 the following: ``CHAPTER 90A--PROTECTION OF UNBORN CHILDREN ``Sec. ``1841. Causing death of or bodily injury to unborn child. ``Sec. 1841. Causing death of or bodily injury to unborn child ``(a)(1) Any person who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365 of this title) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section. ``(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided for that conduct under Federal law had that injury or death occurred to the unborn child's mother. ``(B) An offense under this section does not require proof that-- ``(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or ``(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child. ``(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall be punished as provided under section 1111, 1112, or 1113 of this title, as applicable, for intentionally killing or attempting to kill a human being, instead of the penalties that would otherwise apply under subparagraph (A). ``(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. ``(b) The provisions referred to in subsection (a) are the following: ``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), 844(f), 844(h)(1), 844(i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952(a)(1)(B), 1952(a)(2)(B), 1952(a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this title. ``(2) Section 408(e) of the Controlled Substances Act of 1970 (21 U.S.C. 848(e)). ``(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283). ``(c) Subsection (a) does not permit prosecution-- ``(1) for conduct relating to an abortion for which the consent of the pregnant woman has been obtained or for which such consent is implied by law in a medical emergency; ``(2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or ``(3) of any woman with respect to her unborn child. ``(d) In this section-- ``(1) the terms `child in utero' and `child, who is in utero' mean a member of the species homo sapiens, at any stage of development, who is carried in the womb; and ``(2) the term `unborn child' means a child in utero.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 90 the following: ``90A. Causing death of or bodily injury to unborn child.... 1841''. SEC. 3. MILITARY JUSTICE SYSTEM. (a) Protection of Unborn Children.--Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 919 (article 119) the following: ``Sec. 919a. Art. 119a. Causing death of or bodily injury to unborn child ``(a)(1) Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365 of title 18) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section. ``(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment for that conduct under this chapter had that injury or death occurred to the unborn child's mother. ``(B) An offense under this section does not require proof that-- ``(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or ``(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child. ``(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall be punished as provided under section 918, 919, or 880 of this title (article 118, 119, or 80), as applicable, for intentionally killing or attempting to kill a human being, instead of the penalties that would otherwise apply under subparagraph (A). ``(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. ``(b) The provisions referred to in subsection (a) are sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title (articles 111, 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128). ``(c) Subsection (a) does not permit prosecution-- ``(1) for conduct relating to an abortion for which the consent of the pregnant woman has been obtained or for which such consent is implied by law in a medical emergency; ``(2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or ``(3) of any woman with respect to her unborn child. ``(d) In this section-- ``(1) the terms `child in utero' and `child, who is in utero' mean a member of the species homo sapiens, at any stage of development, who is carried in the womb; and ``(2) the term `unborn child' means a child in utero.''. (b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 919 the following: ``919a. 119a. Causing death of or bodily injury to unborn child.''.

Unborn Victims of Violence Act of 2001 - Provides that: (1) any person who engages in conduct that violates specified provisions of the Federal criminal code, the Controlled Substances Act of 1970, or the Atomic Energy Act of 1954, or specified articles of the Uniform Code of Military Justice (conduct constituting certain Federal violent crimes), and thereby causes the death of, or bodily injury to, a child who is in utero, shall be guilty of a separate offense (but prohibits imposition of the death penalty for such offense); and (2) the punishment for that separate offense shall be the same as that provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother.Directs that if the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall be punished as provided under the Federal criminal code for intentionally killing or attempting to kill a human being.Bars prosecution under this Act: (1) for conduct relating to an abortion for which the consent of the pregnant woman has been obtained or for which such consent is implied by law in a medical emergency; (2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (3) of any woman with respect to her unborn child.

A bill to amend titles 10 and 18, United States Code, to protect unborn victims of violence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crane Tithe Tax Act of 1993''. SEC. 2. REPEAL OF TAXATION OF CORPORATIONS. The following provisions of the Internal Revenue Code of 1986 are hereby repealed: (1) section 11 (relating to corporate income tax), (2) section 55 (relating to alternative minimum tax) insofar as it applies to corporations, (3) section 511 (relating to unrelated business income tax), (4) section 531 (relating to accumulated earnings tax), (5) section 541 (relating to personal holding company tax), (6) section 594 (relating to alternative tax for certain mutual savings banks), (7) section 801 (relating to tax imposed on life insurance companies), (8) section 821 (relating to tax imposed on certain mutual insurance companies), (9) section 831 (relating to tax on certain other insurance companies), (10) section 852 (relating to tax on regulated investment companies), (11) section 857 (relating to tax on real estate investment trusts), and (12) section 882 (relating to tax on income of foreign corporations connected with United States business). SEC. 3. 10 PERCENT INCOME TAX RATE FOR INDIVIDUALS. Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed on individuals) is amended to read as follows: ``SECTION 1. TAX IMPOSED. ``(a) In General.--There is hereby imposed on the income of every individual a tax equal to 10 percent of the excess of the earned income of such individual for the taxable year over the exemption amount for such year. ``(b) Definitions.--For purposes of this section-- ``(1) Exemption amount.-- ``(A) In general.--The term `exemption amount' means, for any taxable year, $10,000 increased (for taxable years beginning after December 31, 1993) by an amount equal to $10,000 multiplied by the cost-of- living adjustment for the calendar year in which the taxable year begins. ``(B) Cost-of-living adjustment.--For purposes of this paragraph-- ``(i) In general.--The cost-of-living adjustment for any calendar year is the percentage (if any) by which-- ``(I) the CPI for October of the preceding calendar year, exceeds ``(II) the CPI for October of 1992. ``(ii) CPI.--The term `CPI' means the last Consumer Price Index for all-urban consumers published by the Department of Labor. ``(C) Rounding.--If the increase determined under this paragraph is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10 (or if such increase is a multiple of $5, such increase shall be increased to the next highest multiple of $10). ``(2) Earned income.-- ``(A) In general.--Except as provided in subparagraph (B), the term `earned income' means-- ``(i) wages, salaries, and other employee compensation, ``(ii) the amount of the taxpayer's net earnings from self-employment for the taxable year, and ``(iii) the amount of dividends which are from a personal service corporation or which are otherwise directly or indirectly compensation for services. ``(B) Exceptions.--The term `earned income' does not include-- ``(i) any amount received as a pension or annuity, or ``(ii) any tip unless the amount of the tip is not within the discretion of the service- recipient. ``(C) Fringe benefits valued at employer cost.--The amount of any fringe benefit which is included as earned income shall be the cost to the employer of such benefit.'' SEC. 4. AMNESTY FOR ALL PRIOR TAX LIABILITY. (a) In General.--No person shall be liable for any tax imposed by chapter 1 of the Internal Revenue Code of 1986 (or for penalties and interest with respect to such tax) for any taxable year ending on or before January 1992. (b) Exceptions.-- (1) Amounts paid.--Subsection (a) shall not apply to amounts paid before the date of the enactment of this Act. (2) Tax attributable to illegal activities.--Subsection (a) shall not apply to any tax (including penalties and interest with respect to such tax) attributable to any business activity which is in violation of any Federal, State, or local law. SEC. 5. REPEAL OF SPECIAL DEDUCTIONS, CREDITS, AND EXCLUSIONS FROM INCOME FOR INDIVIDUALS. Chapter 1 of the Internal Revenue Code of 1986 is amended by striking out all specific exclusions from gross income, all deductions, and all credits against income tax to the extent related to the computation of individual income tax liability. SEC. 6. REPEAL OF ESTATE AND GIFT TAXES. Subtitle B of the Internal Revenue Code of 1986 (relating to estate, gift, and generation-skipping taxes) is hereby repealed. SEC. 7. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall apply to taxable years beginning after the date of the enactment of this Act. (b) Repeal of Estate and Gift Taxes.--The repeal made by section 6 shall apply to estates of decedents dying, and transfers made, after the date of the enactment of this Act. (c) Technical and Conforming Changes.--The Secretary of the Treasury or his delegate shall, as soon as practicable but in any event not later than 90 days after the date of the enactment of this Act, submit to the Committee on Ways and Means of the House of Representatives a draft of any technical and conforming changes in the Internal Revenue Code of 1986 which are necessary to reflect throughout such Code the changes in the substantive provisions of law made by this Act.

Crane Tithe Tax Act of 1993 - Amends the Internal Revenue Code to repeal the following taxes: (1) the corporate income tax; (2) the alternative minimum tax as it applies to corporations; (3) the tax on the unrelated business income of tax-exempt organizations; (4) the tax on the accumulated earnings of certain corporations; (5) the tax applied to personal holding companies; (6) the alternative tax for certain mutual savings banks; (7) income taxes imposed on insurance companies, regulated investment companies, and real estate investment trusts; and (8) the tax on the income of foreign corporations connected with U.S. business. Revises the individual income tax to impose a ten percent tax on an individual's earned income that exceeds $10,000 (adjusted annually based on the Consumer Price Index). Includes as earned income: (1) wages, salaries, and other employee compensation; (2) net earnings from self-employment; and (3) dividends from a personal service corporation or other direct or indirect compensation for services. Exempts tips and amounts received as a pension or annuity. Declares tax amnesty with respect to income tax liability and associated penalties and interest for pre-1992 taxable years. Repeals all tax exclusions, tax deductions, and tax credits currently used to determine individual income tax liability. Repeals the estate tax, the gift tax, and the tax on certain generation-skipping transfers.

Crane Tithe Tax Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mothers and Newborns Health Insurance Act of 2001''. SEC. 2. OPTIONAL COVERAGE OF LOW-INCOME, UNINSURED PREGNANT WOMEN UNDER A STATE CHILD HEALTH PLAN. (a) In General.--Title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) is amended by adding at the end the following: ``SEC. 2111. OPTIONAL COVERAGE OF LOW-INCOME, UNINSURED PREGNANT WOMEN. ``(a) Optional Coverage.--Notwithstanding any other provision of this title, a State child health plan may provide for coverage of pregnancy-related assistance for targeted low-income pregnant women in accordance with this section. ``(b) Definitions.--For purposes of this section: ``(1) Pregnancy-related assistance.--The term `pregnancy- related assistance' has the meaning given the term `child health assistance' in section 2110(a) as if any reference to targeted low-income children were a reference to targeted low- income pregnant women, except that the assistance shall be limited to pregnancy-related services (as defined in regulation for purposes of title XIX). ``(2) Targeted low-income pregnant woman.--The term `targeted low-income pregnant woman' has the meaning given the term `targeted low-income child' in section 2110(b) as if any reference to a child were deemed a reference to a woman during pregnancy and through the end of the month in which the 60-day period (beginning on the last day of her pregnancy) ends. ``(c) References to Terms and Special Rules.--In the case of, and with respect to, a State providing for coverage of pregnancy-related assistance to targeted low-income pregnant women under subsection (a), the following special rules apply: ``(1) Any reference in this title (other than subsection (b)) to a targeted low-income child is deemed to include a reference to a targeted low-income pregnant woman. ``(2) Any such reference to child health assistance with respect to such women is deemed a reference to pregnancy- related assistance. ``(3) Any such reference to a child is deemed a reference to a woman during pregnancy and the period described in subsection (b)(2). ``(4) The reference in section 2107(e)(1)(D) to section 1920A (relating to presumptive eligibility for children) is deemed a reference to section 1920 (relating to presumptive eligibility for pregnant women). ``(5) The medicaid applicable income level is deemed a reference to the income level established under section 1902(l)(2)(A). ``(6) Subsection (a) of section 2103 (relating to required scope of health insurance coverage) shall not apply insofar as a State limits coverage to services described in subsection (b)(1) and the reference to such section in section 2105(a)(1) is deemed not to require, in such case, compliance with the requirements of section 2103(a). ``(7) There shall be no exclusion of benefits for services described in subsection (b)(1) based on any pre-existing condition, and no waiting period (including a waiting period to carry out section 2102(b)(3)(C)) shall apply. ``(d) No Impact on Allotments.--Nothing in this section shall be construed as affecting the amount of any initial allotment provided to a State under section 2104(b). ``(e) Application of Funding Restrictions.--The coverage under this section (and the funding of such coverage) is subject to the restrictions of section 2105(c).''. (b) Application of Qualified Entities to Presumptive Eligibility for Pregnant Women Under Medicaid.--Section 1920(b) of the Social Security Act (42 U.S.C. 1396r-1(b)) is amended by adding at the end after and below paragraph (2) the following flush sentence: ``The term `qualified provider' includes a qualified entity as defined in section 1920A(b)(3).''. (c) Conforming Amendments.--Section 2102(b)(1)(B) of the Social Security Act (42 U.S.C. 1397bb(b)(1)(B)) is amended-- (1) by striking ``and'' at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting ``, and''; and (3) by adding at the end the following: ``(iii) may not apply a waiting period (including a waiting period to carry out paragraph (3)(C)) in the case of a targeted low-income child who is pregnant, if the State provides for coverage of pregnancy-related assistance for targeted low-income pregnant women in accordance with section 2111.''. (d) Effective Date.--The amendments made by this section take effect on the date of enactment of this Act and apply to allotments under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) for all fiscal years. SEC. 3. AUTOMATIC ENROLLMENT FOR CHILDREN BORN TO WOMEN RECEIVING PREGNANCY-RELATED ASSISTANCE. (a) In General.--Section 2111 of the Social Security Act, as added by section 2, is amended by adding at the end the following: ``(f) Automatic Enrollment for Children Born to Women Receiving Pregnancy-Related Assistance.--Notwithstanding any other provision of this title or title XIX, if a child is born to a targeted low-income pregnant woman who was receiving pregnancy-related assistance under this section on the date of the child's birth, the child shall be deemed to have applied for child health assistance under the State child health plan on the date of such birth, to have been found eligible for such assistance under such plan (or, in the case of a State that provides such assistance through the provision of medical assistance under a plan under title XIX to have applied for medical assistance under such title and to have been found eligible for such assistance under such title on the date of such birth) and to remain eligible for such assistance until the child attains 1 year of age, so long as the child is a member of the woman's household.''. (b) Effective Date.--The amendment made by subsection (a) takes effect on the date of enactment of this Act and applies to allotments under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) for all fiscal years. SEC. 4. EXPANDED AVAILABILITY OF FUNDING FOR ADMINISTRATIVE COSTS RELATED TO OUTREACH AND ELIGIBILITY DETERMINATIONS. Section 1931(h) of the Social Security Act (42 U.S.C. 1396u-1(h)) is amended-- (1) by striking the subsection heading and inserting ``Increased Federal Matching Rate for Administrative Costs Related to Outreach and Eligibility Determinations''; and (2) in paragraph (2), by striking ``eligibility determinations'' and all that follows and inserting ``determinations of the eligibility of children and pregnant women for benefits under the State plan under this title or title XXI, outreach to children and pregnant women likely to be eligible for such benefits, and such other outreach- and eligibility-related activities as the Secretary may approve.''.

Mothers and Newborns Health Insurance Act of 2001 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA) to give States, subject to specified guidelines, the authority to provide for: (1) optional coverage of pregnancy-related assistance for targeted low-income, uninsured pregnant women under the State's SCHIP plan; and (2) automatic eligibility and enrollment for child health assistance under such plan for children born to targeted low-income pregnant women receiving such assistance when the child is born until it attains one year of age, so long as the child is a member of the woman's household.Amends SSA title XIX (Medicaid) with respect to the transitional increased Federal matching rate for increased administrative costs related to Medicaid-eligibility determinations of individuals receiving aid or assistance under SSA title IV part A (Temporary Assistance for Needy Families) (TANF).

To amend title XXI of the Social Security Act to provide for coverage of pregnancy-related assistance for targeted low-income pregnant women.

SECTION 1. SHORT TITLE. This Act shall be known as the ``Internet Gambling Study Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds as follows: (1) Gambling is regulated primarily by State and tribal governments and Federal statutes governing the interstate placement of wagers are outdated. (2) Over the past decade, the number of Americans gambling on the Internet has risen dramatically to several million, accounting for over half of a multibillion dollar worldwide market. (3) Many observers and industry analysts believe that it is impossible to stop the sale of most products or services over the Internet. (4) Congress recently approved the Unlawful Internet Gambling Enforcement Act, which imposes civil and criminal penalties for the acceptance of any financial instrument by those engaged in the business of unlawful Internet gambling. (5) Congress must focus on establishing safeguards against gambling by minors, compulsive gambling, fraud, money laundering, and other forms of abuse. (6) Although interpretations of a recent ruling of the World Trade Organization's appellate body differ, legal experts agree that it calls into question whether certain of Federal and State gambling laws violate the commitments of the United States under the General Agreement on Trade and Services. (7) While only the United States and Antigua and Barbuda are parties to that dispute, the ruling could have ramifications for all interested parties, from the European Union to Australia. (b) Purpose.--The purpose of this Act is to provide for a detailed examination by the National Research Council of the National Academy of Sciences of the issues posed by the continued spread and growth of interstate commerce with respect to Internet gambling, as well as the impact of the Unlawful Internet Gambling Enforcement Act on Internet gambling in the United States. SEC. 3. COMPREHENSIVE STUDY OF INTERNET GAMBLING. (a) Study Required.-- (1) In general.--The National Research Council of the National Academy of Sciences shall enter into a contract to conduct a comprehensive study of Internet gambling, including the existing legal framework that governs such activities and transactions and the impact of the Unlawful Internet Gambling Enforcement Act on Internet gambling in the United States. (2) Issues to be considered.--The study conducted under paragraph (1) shall include-- (A) a review of existing Federal, State, tribal, local, and international laws governing various forms of wagering over the Internet, the effectiveness of such laws, and the extent to which such provisions of law conform or do not conform with each other; (B) an assessment of the proliferation of Internet gambling, including an analysis of its availability and use within the United States; (C) a determination of the impact of Internet gambling on minors and compulsive gamblers and the availability of regulatory and technological safeguards to prevent or mitigate these impacts; (D) a determination of the extent to which terrorists and criminal enterprises are utilizing Internet gambling for fraud and money laundering purposes and the availability of regulatory and technological safeguards to prevent or mitigate these impacts; (E) an assessment of the impact of the Unlawful Internet Gambling Enforcement Act on the availability and use within the United States of Internet gambling, and on the adverse effects of Internet gambling identified in subparagraphs (C) and (D); (F) an assessment of recent technological innovations and the practices of other nations and international bodies that license and regulate Internet gambling, and the practicality of using similar systems to establish a legal framework in the United States; (G) an analysis of the issues of federalism that are presented by legislative and administrative proposals designed to address the proliferation of illegal Internet gambling, given the interstate and international character of the Internet as a medium, and the potential for State and tribal governments to create a legal and regulatory framework for online gambling within their jurisdictions or among those jurisdictions where online gambling is legal; (H) an assessment of the problems posed by unregulated international Internet gambling to United States interests and the potential means, if any, by which the Federal Government may seek international cooperation in addressing these concerns; (I) an analysis of the potential impact of recent World Trade Organization rulings regarding Internet gambling and the long-term impact on existing and future United States trade agreements under the General Agreement on Trade and Services; and (J) an analysis of the potential tax revenue that could be generated by a legal, licensed, regulated Internet gambling industry in the United States. (b) Final Report.--The contract entered into under subsection (a) shall require that the National Research Council submit to the President, the Congress, State Governors, and Native American tribal governments a comprehensive report on the Council's findings and conclusions not later than 12 months after the date upon which the contract is entered into.

Internet Gambling Study Act - Requires the National Research Council of the National Academy of Sciences to conduct a comprehensive study of Internet gambling, including the existing legal framework that governs such activities and transactions and the impact of the Unlawful Internet Gambling Enforcement Act on Internet gambling in the United States.

To provide for a study by the National Academy of Sciences to identify the proper response of the United States to the growth of Internet gambling.

TITLE IX--MEDICAID, PUBLIC HEALTH, AND OTHER HEALTH PROVISIONS Subtitle A--Medicaid Provisions SEC. 901. NATIONAL BIPARTISAN COMMISSION ON THE FUTURE OF MEDICAID. (a) Establishment.--There is established a commission to be known as the National Bipartisan Commission on the Future of Medicaid (in this section referred to as the ``Commission''). (b) Duties of the Commission.--The Commission shall-- (1) review and analyze the long-term financial condition of the medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); (2) identify the factors that are causing, and the consequences of, increases in costs under the medicaid program, including-- (A) the impact of these cost increases upon State budgets, funding for other State programs, and levels of State taxes necessary to fund growing expenditures under the medicaid program; (B) the financial obligations of the Federal government arising from the Federal matching requirement for expenditures under the medicaid program; and (C) the size and scope of the current program and how the program has evolved over time; (3) analyze potential policies that will ensure both the financial integrity of the medicaid program and the provision of appropriate benefits under such program; (4) make recommendations for establishing incentives and structures to promote enhanced efficiencies and ways of encouraging innovative State policies under the medicaid program; (5) make recommendations for establishing the appropriate balance between benefits covered, payments to providers, State and Federal contributions and, where appropriate, recipient cost-sharing obligations; (6) make recommendations on the impact of promoting increased utilization of competitive, private enterprise models to contain program cost growth, through enhanced utilization of private plans, pharmacy benefit managers, and other methods currently being used to contain private sector health-care costs; (7) make recommendations on the financing of prescription drug benefits currently covered under medicaid programs, including analysis of the current Federal manufacturer rebate program, its impact upon both private market prices as well as those paid by other government purchasers, recent State efforts to negotiate additional supplemental manufacturer rebates and the ability of pharmacy benefit managers to lower drug costs; (8) review and analyze such other matters relating to the medicaid program as the Commission deems appropriate; and (9) analyze the impact of impending demographic changes upon medicaid benefits, including long term care services, and make recommendations for how best to appropriately divide State and Federal responsibilities for funding these benefits. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 17 members, of whom-- (A) four shall be appointed by the President; (B) six shall be appointed by the Majority Leader of the Senate, in consultation with the Minority Leader of the Senate, of whom not more than 4 shall be of the same political party; (C) six shall be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, of whom not more than 4 shall be of the same political party; and (D) one, who shall serve as Chairman of the Commission, appointed jointly by the President, Majority Leader of the Senate, and the Speaker of the House of Representatives. (2) Deadline for appointment.--Members of the Commission shall be appointed by not later than December 1, 2002. (3) Terms of appointment.--The term of any appointment under paragraph (1) to the Commission shall be for the life of the Commission. (4) Meetings.--The Commission shall meet at the call of its Chairman or a majority of its members. (5) Quorum.--A quorum shall consist of 8 members of the Commission, except that 4 members may conduct a hearing under subsection (e). (6) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made not later than 30 days after the Commission is given notice of the vacancy and shall not affect the power of the remaining members to execute the duties of the Commission. (7) Compensation.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. (8) Expenses.--Each member of the Commission shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (d) Staff and Support Services.-- (1) Executive director.-- (A) Appointment.--The Chairman shall appoint an executive director of the Commission. (B) Compensation.--The executive director shall be paid the rate of basic pay for level V of the Executive Schedule. (2) Staff.--With the approval of the Commission, the executive director may appoint such personnel as the executive director considers appropriate. (3) Applicability of civil service laws.--The staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates). (4) Experts and consultants.--With the approval of the Commission, the executive director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (5) Physical facilities.--The Administrator of the General Services Administration shall locate suitable office space for the operation of the Commission. The facilities shall serve as the headquarters of the Commission and shall include all necessary equipment and incidentals required for the proper functioning of the Commission. (e) Powers of Commission.-- (1) Hearings and other activities.--For the purpose of carrying out its duties, the Commission may hold such hearings and undertake such other activities as the Commission determines to be necessary to carry out its duties. (2) Studies by gao.--Upon the request of the Commission, the Comptroller General shall conduct such studies or investigations as the Commission determines to be necessary to carry out its duties. (3) Cost estimates by congressional budget office and office of the chief actuary of hcfa.-- (A) The Director of the Congressional Budget Office or the Chief Actuary of the Centers for Medicare & Medicaid Services, or both, shall provide to the Commission, upon the request of the Commission, such cost estimates as the Commission determines to be necessary to carry out its duties. (B) The Commission shall reimburse the Director of the Congressional Budget Office for expenses relating to the employment in the office of the Director of such additional staff as may be necessary for the Director to comply with requests by the Commission under subparagraph (A). (4) Detail of federal employees.--Upon the request of the Commission, the head of any Federal agency is authorized to detail, without reimbursement, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (5) Technical assistance.--Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties. (6) Use of mails.--The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (7) Obtaining information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out its duties, if the information may be disclosed under section 552 of title 5, United States Code. Upon request of the Chairman of the Commission, the head of such agency shall furnish such information to the Commission. (8) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (9) Printing.--For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of the Congress. (f) Report.--Not later than March 1, 2004, the Commission shall submit a report to the President and Congress which shall contain a detailed statement of only those recommendations, findings, and conclusions of the Commission. (g) Termination.--The Commission shall terminate 30 days after the date of submission of the report required in subsection (f). (h) Authorization of Appropriations.--There are authorized to be appropriated $1,500,000 to carry out this section.

Title IX (sic): Medicaid, Public Health, and Other Health Provisions - Subtitle A: Medicaid Provisions - Establishes the National Bipartisan Commission on the Future of Medicaid to: (1) review and analyze the long-term financial condition of the Medicaid program under title XIX of the Social Security Act (SSA); (2) identify the factors that are causing, and the consequences of, increases in costs under the Medicaid program; (3) analyze potential policies that will ensure both the financial integrity of the Medicaid program and the provision of appropriate benefits; (4) make recommendations for establishing incentives and structures to promote enhanced efficiencies and ways of encouraging innovative State policies; (5) make recommendations for establishing the appropriate balance between benefits covered, payments to providers, State and Federal contributions and, where appropriate, recipient cost-sharing obligations; (6) make recommendations on the impact of promoting increased utilization of competitive, private enterprise models to contain program cost growth, through enhanced utilization of private plans, pharmacy benefit managers, and other methods currently being used to contain private sector health-care costs; (7) make recommendations on the financing of prescription drug benefits currently covered under Medicaid programs, including analysis of the current Federal manufacturer rebate program, its impact upon both private market prices as well as those paid by other government purchasers, recent State efforts to negotiate additional supplemental manufacturer rebates and the ability of pharmacy benefit managers to lower drug costs; (8) review and analyze such other matters relating to the Medicaid program as the Commission deems appropriate; and (9) analyze the impact of impending demographic changes upon Medicaid benefits, including long term care services, making recommendations for how best to appropriately divide State and Federal responsibilities for funding these benefits.

To establish a National Bipartisan Commission on the Future of Medicaid.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Timber Tax Act of 2005''. SEC. 2. DEDUCTION FOR QUALIFIED TIMBER GAIN. (a) In General.--Part I of subchapter P of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 1203. DEDUCTION FOR QUALIFIED TIMBER GAIN. ``(a) In General.--In the case of a taxpayer which elects the application of this section for a taxable year, there shall be allowed a deduction against gross income equal to 60 percent of the lesser of-- ``(1) the taxpayer's qualified timber gain for such year, or ``(2) the taxpayer's net capital gain for such year. ``(b) Qualified Timber Gain.--For purposes of this section, the term `qualified timber gain' means, with respect to any taxpayer for any taxable year, the excess (if any) of-- ``(1) the sum of the taxpayer's gains described in subsections (a) and (b) of section 631 for such year, over ``(2) the sum of the taxpayer's losses described in such subsections for such year. ``(c) Special Rules for Pass-Thru Entities.--In the case of any qualified timber gain of a pass-thru entity (as defined in section 1(h)(10)), the election under this section shall be made separately by each taxpayer subject to tax on such gain.''. (b) Coordination With Maximum Capital Gains Rates.-- (1) Taxpayers other than corporations.--Paragraph (2) of section 1(h) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Reduction of net capital gain.--For purposes of this subsection, the net capital gain for any taxable year shall be reduced (but not below zero) by the sum of-- ``(A) the amount which the taxpayer takes into account as investment income under section 163(d)(4)(B)(iii), and ``(B) the lesser of-- ``(i) the amount described in paragraph (1) of section 1203(a), or ``(ii) the amount described in paragraph (2) of such section.''. (2) Corporations.--Section 1201 of such Code is amended by redesignating subsection (b) as subsection (c) and inserting after subsection (a) the following new subsection: ``(b) Qualified Timber Gain Not Taken Into Account.--For purposes of this section, in the case of a corporation with respect to which an election is in effect under section 1203, the net capital gain for any any taxable year shall be reduced (but not below zero) by the corporation's qualified timber gain (as defined in section 1203(b)).''. (c) Deduction Allowed Whether or Not Individual Itemizes Other Deductions.--Subsection (a) of section 62 of the Internal Revenue Code of 1986 is amended by inserting before the last sentence the following new paragraph: ``(21) Qualified timber gains.--The deduction allowed by section 1203.''. (d) Deduction Allowed in Computing Adjusted Current Earnings.-- Subparagraph (C) of section 56(g)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ``(vii) Deduction for qualified timber gain.--Clause (i) shall not apply to any deduction allowed under section 1203.''. (e) Deduction Allowed in Computing Taxable Income of Electing Small Business Trusts.--Subparagraph (C) of section 641(c)(2) of the Internal Revenue Code of 1986 is amended by inserting after clause (iii) the following new clause: ``(iv) The deduction allowed under section 1203.''. (f) Conforming Amendments.-- (1) Subparagraph (B) of section 172(d)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) the exclusion under section 1202 and the deduction under section 1203 shall not be allowed.''. (2) Paragraph (4) of section 642(c) of such Code is amended by striking the first sentence and inserting the following: ``To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain described in section 1202(a) or qualified timber gain (as defined in section 1203(b)), proper adjustment shall be made for any exclusion allowable to the estate or trust under section 1202 and for any deduction allowable to the estate or trust under section 1203.'' (3) Paragraph (3) of section 643(a) of such Code is amended by striking the last sentence and inserting the following: ``The exclusion under section 1202 and the deduction under section 1203 shall not be taken into account.'' (4) Subparagraph (C) of section 643(a)(6) of such Code is amended to read as follows: ``(C) Paragraph (3) shall not apply to a foreign trust. In the case of such a trust-- ``(i) there shall be included gains from the sale or exchange of capital assets, reduced by losses from such sales or exchanges to the extent such losses do not exceed gains from such sales or exchanges, and ``(ii) the deduction under section 1203 shall not be taken into account.''. (5) Paragraph (4) of section 691(c) of such Code is amended by inserting ``1203,'' after ``1202,''. (6) Paragraph (2) of section 871(a) of such Code is amended by inserting ``and 1203'' after ``section 1202''. (7) The table of sections for part I of subchapter P of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1203. Deduction for qualified timber gain.''. (g) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (2) Taxable years which include date of enactment.--In the case of any taxable year which includes the date of the enactment of this Act, for purposes of the Internal Revenue Code of 1986, the taxpayer's qualified timber gain shall not exceed the excess that would be described in section 1203(b) of such Code, as added by this section, if only dispositions of timber after such date were taken into account.

Timber Tax Act of 2005 - Amends the Internal Revenue Code to allow a tax deduction (available to taxpayers whether or not they itemize deductions) for up to 60% of gains from certain sales or exchanges of timber.

A bill to amend the Internal Revenue Code of 1986 to allow a deduction for qualified timber gains.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Salmon Planning Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds and declares that-- (1) certain species of salmon and steelhead in the Columbia and Snake River basin are on the brink of extinction as a consequence of various factors, including hydroelectric projects, harvest management practices, habitat degradation, altered in-stream flow, and unsound hatchery practices; (2) these salmon and steelhead have major economic, ecological, educational, recreational, scientific, cultural, and spiritual significance to the Nation and its people; (3) salmon and steelhead are a symbol of the Northwest, support thousands of jobs in coastal and inland communities, and serve as an indicator of the health of Northwest river ecosystems; (4) the United States Government has signed treaties with Indian tribes of Oregon, Washington, and Idaho and with the Government of Canada creating a legally enforceable trust responsibility to restore salmon populations to sustainable, harvestable levels; (5) since the construction of 4 Federal dams on the lower Snake River in Washington, salmon and steelhead populations in the Snake River have plummeted, and all salmon and steelhead in the Snake River are extinct or listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (6) recent studies indicate that the time to protect remaining Snake River salmon and steelhead is short, with scientists estimating that, if changes do not occur, remaining Snake River salmon will be extinct in our lifetime; (7) salmon and steelhead extinction could cost taxpayers billions of dollars; (8) a federally funded group of State, tribal, Federal, and independent scientists found that partially removing the 4 lower Snake River dams in Washington is the surest way to protect and recover Snake River salmon and steelhead; (9) several communities that rely on the 4 lower Snake River dams would be affected by partial dam removal; (10) a Federal court has found that the 4 lower Snake River dams violate water quality standards under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and (11) energy production in the Northwest is heavily dependent upon hydropower and thus, the prospects for salmon recovery and Northwest energy production are inextricably linked. (b) Purposes.--The purposes of this Act are-- (1) to ensure the protection of Columbia and Snake River salmon and steelhead while providing for reliable, reasonably priced energy in the Northwest, an economically sustainable salmon recovery program, and effective mitigation of potential economic impacts to communities from potential dam removal; and (2) to ensure that the Northwest and the Nation have completed the necessary planning and evaluation to respond rapidly if major new actions are necessary to protect and recover salmon and steelhead in the Columbia and Snake River basin. SEC. 3. SCIENTIFIC ANALYSIS OF FEDERAL SALMON RECOVERY EFFORTS. (a) In General.--Not later than 3 months after the date of enactment of this Act, the Secretary of Commerce shall enter into an arrangement with the National Academy of Sciences providing for scientific analysis of Federal salmon recovery efforts and submission of a report on the results of the analysis in accordance with subsection (c). (b) Contents.--For purposes of this section, scientific analysis shall include, at a minimum, review of the effectiveness of Federal salmon recovery actions, anticipated Federal salmon recovery actions, and the timelines for, and feasibility of, implementing these actions. These actions and anticipated actions shall be evaluated in terms of whether they are likely to achieve recovery of salmon and steelhead populations listed under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533). (c) Report.--Not later than 9 months after the date of enactment of this Act, the National Academy of Sciences shall submit to the Secretary of Commerce, the Secretary of the Army, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency a report on the results of the scientific analysis conducted under this section. SEC. 4. GAO STUDY OF PARTIAL REMOVAL OF LOWER SNAKE RIVER DAMS. (a) In General.--The Comptroller General of the United States shall conduct a study of the potential effects of partially removing the 4 lower Snake River dams. (b) Contents.--The study shall include examination of and recommendation for addressing, at a minimum, the following: (1) The economic effects of partial dam removal for communities near the dams, upstream from the dams, and for downstream and coastal communities, including downstream and coastal communities located within the boundaries of Alaska and Canada, including employment gains or losses that would result from dam removal. (2) The effects of partial dam removal on transportation by water, including-- (A) the feasibility, costs, and sufficiency of alternative transportation by railroad, highway, and other means; (B) the economic benefits and costs of such alternatives; (C) the environmental impact of shifting to such alternatives; (D) the means for mitigating any environmental harm that might be caused by the use of such alternatives; and (E) any development or expansion of such alternatives that would be required to continue moving the same amount of cargo that is currently transported by water. (3) The effects of partial dam removal on irrigation, including the availability of or need for alternatives to replace irrigation water or to extend irrigation pumps. (4) The effects of partial dam removal on energy production, including the regional effects of any changes in energy production, identification of renewable energy sources or energy efficiency measures that could replace any loss in energy production, and the benefits and costs of such alternatives. (5) The effects, including economic effects, of the extinction of salmon and steelhead populations in the Snake River. (c) Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to each of the Secretary of the Army, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency a report on the results of the study conducted under this section. SEC. 5. AUTHORIZATION AND PLANNING OF SALMON RECOVERY. (a) Partial Dam Removal Authorization.--The Secretary of the Army, acting through the Corps of Engineers, is authorized to partially remove the 4 lower Snake River dams if-- (1) the Secretary of Commerce finds that such action is necessary to restore Snake River salmon and steelhead populations to meet obligations under the Endangered Species Act of 1973 (33 U.S.C. 1531 et seq.); (2) the Secretary of the Interior finds that such action is necessary to meet treaty obligations to Indian tribes or other sovereign nations; or (3) the Administrator of the Environmental Protection Agency finds that such action is necessary to meet requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (b) Preliminary Planning Work.--The Secretary of the Army shall undertake such preliminary engineering, design, construction, and other activities as may be necessary to remove the 4 lower Snake River dams pursuant to subsection (a). This work shall be completed within 12 months after the date of the enactment of this Act. (c) Funding.--There is authorized to be appropriated to the Secretary of the Army $4,000,000 for fiscal year beginning after September 30, 2004, to carry out this section. Such sums shall remain available until expended. SEC. 6. DEFINITIONS. In this Act, the following definitions apply: (1) Federal salmon recovery actions.--The term ``Federal salmon recovery actions'' means Federal actions required to protect and restore salmon and steelhead in the Columbia and Snake River basin that are listed under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)). (2) Lower snake river dams.--The term ``4 lower Snake River dams'' means the following dams on the Snake River, Washington: (A) The Ice Harbor dam. (B) The Lower Monumental dam. (C) The Little Goose dam. (D) The Lower Granite dam. (3) Populations.--The term ``populations'' means the 12 evolutionarily significant units of salmon and steelhead in the Columbia and Snake River basin that are listed under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)).

Salmon Planning Act - Requires the Secretary of Commerce (Secretary) to enter into an arrangement with the National Academy of Sciences providing for scientific analysis of Federal salmon and steelhead recovery efforts.Requires the Comptroller General of the United States to study the potential effects of partially removing the four lower Snake River dams, including those on: (1) the economy of surrounding communities; (2) water transportation; (3) irrigation; (4) energy production; and (5) the extinction of salmon and steelhead populations in Snake River.Authorizes the Secretary of the Army, acting through the Corps of Engineers, to partially remove the dams if found necessary by: (1) the Secretary to restore Snake River salmon and steelhead populations to meet obligations under the Endangered Species Act of 1973; (2) the Secretary of the Interior to meet treaty obligations to Indian tribes or other sovereign nations; or (3) the Administrator of the Environmental Protection Agency to meet requirements of the Federal Water Pollution Control Act.

To ensure that proper planning is undertaken to secure the preservation and recovery of the salmon and steelhead of the Columbia River basin and the maintenance of reasonably priced, reliable power, to direct the Secretary of Commerce to seek scientific analysis of Federal efforts to restore salmon and steelhead listed under the Endangered Species Act of 1973, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reenergize America Loan Program Act of 2009''. SEC. 2. REENERGIZE AMERICA LOAN PROGRAM. (a) Definitions.--In this section: (1) Fund.--The term ``Fund'' means the Reenergize America Loan Program Fund established by subsection (g). (2) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (3) Program.--The term ``Program'' means the Green America Loan Program established by subsection (b). (4) Qualified person.--The term ``qualified person'' means an individual or entity that is determined to be capable of meeting all terms and conditions of a loan provided under this section based on the criteria and procedures approved by the Secretary in a plan submitted under subsection (d). (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. (6) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) any other territory or possession of the United States; and (E) an Indian tribe. (b) Establishment.--There is established within the Department of Energy a revolving loan program to be known as the ``Reenergize America Loan Program''. (c) Allocations to States.-- (1) In general.--In carrying out the Program, the Secretary shall allocate funds to States for use in providing zero- interest loans to qualified persons to carry out residential, commercial, industrial, and transportation energy efficiency and renewable generation projects contained in State energy conservation plans submitted and approved under sections 362 and 363 of the Energy Policy and Conservation Act (42 U.S.C. 6322, 6323), respectively. (2) Administrative expenses.--A State that receives an allocation of funds under this subsection may impose on each qualified person that receives a loan from the allocated funds of the State administrative fees to cover the costs incurred by the State in administering the loan. (3) Repayment and return of principal.--Return of principal from loans provided by a State may be retained by the State for the purpose of making additional loans pursuant to-- (A) a plan approved by the Secretary under subsection (d); and (B) such terms and conditions as the Secretary considers appropriate to ensure the financial integrity of the Program. (d) Application.--A State that seeks to receive an allocation under this section shall-- (1) submit to the Secretary for review and approval a 5- year plan for the administration and distribution by the State of funds from the allocation, including a description of criteria that the State will use to determine the qualifications of potential borrowers for loans made from the allocated funds; (2) agree to submit to annual audits with respect to any allocated funds received and distributed by the State; and (3) reapply for a subsequent allocation at the end of the 5-year period covered by the plan. (e) Allocation.--In approving plans submitted by the States under subsection (d) and allocating funds among States under this section, the Secretary shall consider-- (1) the likely energy savings and renewable energy potential of the plans; (2) regional energy needs; and (3) the equitable distribution of funds among regions of the United States. (f) Maximum Amount; Term.--A loan provided by a State using funds allocated under this section shall be-- (1) in an amount not to exceed $5,000,000; and (2) for a term of not to exceed 4 years. (g) Reenergize America Loan Program Fund.-- (1) Establishment.--There is established in the Treasury of the United States a revolving fund, to be known as the ``Reenergize America Loan Program Fund'', consisting of such amounts as are transferred to the Fund under paragraph (2). (2) Transfers to fund.--From any Federal royalties, rents, and bonuses derived from Federal onshore and offshore oil, gas, coal, or alternative energy leases issued under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or the Mineral Leasing Act (30 U.S.C. 181 et seq.) that are deposited in the Treasury, and after distribution of any funds described in paragraph (3), there shall be transferred to the Fund $1,000,000,000 for each of fiscal years 2010 through 2020. (3) Prior distributions.--The distributions referred to in paragraph (2) are those required by law-- (A) to States and to the Reclamation Fund under the Mineral Leasing Act (30 U.S.C. 191(a)); and (B) to other funds receiving amounts from Federal oil and gas leasing programs, including-- (i) any recipients pursuant to section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)); (ii) the Land and Water Conservation Fund, pursuant to section 2(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l- 5(c)); (iii) the Historic Preservation Fund, pursuant to section 108 of the National Historic Preservation Act (16 U.S.C. 470h); and (iv) the coastal impact assistance program established under section 31 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a). (4) Expenditures from fund.-- (A) In general.--Subject to subparagraph (B), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines to be necessary to provide allocations to States under subsection (c). (B) Administrative expenses.--An amount not exceeding 5 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this subsection. (5) Transfers of amounts.-- (A) In general.--The amounts required to be transferred to the Fund under this subsection shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (B) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (h) Funding.--Notwithstanding any other provision of law, for each of fiscal years 2010 through 2020, the Secretary shall use to carry out the Program such amounts as are available in the Fund.

Reenergize America Loan Program Act of 2009 - Establishes: (1) within the Department of Energy (DOE) the Reenergize America Loan Program, under which the Secretary of Energy shall allocate funds to states for use in providing zero-interest loans to qualified persons to carry out residential, commercial, industrial, and transportation energy efficiency and renewable generation projects contained in approved state energy conservation plans; and (2) the Reenergize America Loan Program Fund. Requires the Secretary, in allocating funds, to consider: (1) the likely energy savings and renewable energy potential of the plans; (2) regional energy needs; and (3) the equitable distribution of funds among regions. Requires states that seek to receive allocations to: (1) submit to the Secretary a five-year plan for the administration and distribution of funds; (2) agree to annual audits; and (3) reapply for a subsequent allocation at the end of the five-year period. Limits the amount of a loan provided by a state to $5 million and the term of a loan to four years. Authorizes states that receive allocations to: (1) impose on loan recipients a fee to cover the costs incurred by the state in administering the loan; and (2) retain the return of principal from loans for the purpose of making additional loans.

A bill to establish a program to provide loans for use in carrying out residential, commercial, industrial, and transportation energy efficiency and renewable generation projects.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Cost and Tax Relief Act''. SEC. 2. TAX CREDIT FOR ENERGY CONSERVATION EXPENDITURES IN RESIDENCES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits against tax) is amended by inserting after section 25B the following new section: ``SEC. 25C. ENERGY CONSERVATION PROPERTY IN RESIDENCES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the expenditures made by the taxpayer for qualified energy conservation property during such taxable year. ``(b) Limitation.--The credit allowed under subsection (a) with respect to each dwelling unit for any taxable year shall not exceed $2,500. ``(c) Qualified Energy Conservation Property.--For purposes of this section-- ``(1) In general.--The term `qualified energy conservation property' means energy conservation property described in paragraph (2) if-- ``(A) the property is certified by the Secretary of Energy to equal or exceed energy conservation standards for such property or for the installation of such property, and ``(B) the property is installed on or in connection with a dwelling unit which is located in the United States and which is used by the taxpayer as a residence. ``(2) Description of energy conservation property.--For purposes of paragraph (1), energy conservation property described in this paragraph is the following: ``(A) Ceiling insulation. ``(B) Weatherstripping. ``(C) Water heater insulation blankets. ``(D) Low-flow showerheads. ``(E) Caulking in ceilings. ``(F) Insulation of plenums and ducts. ``(G) Storm windows with a U-value of 0.45 or less. ``(H) Thermal doors and windows. ``(I) Duty cyclers. ``(J) Clock thermostats. ``(K) Evaporative coolers. ``(L) Whole house fans. ``(M) External shading devices. ``(N) Thermal energy storage devices with central control systems. ``(O) Controls and automatic switching devices between natural and electric lighting. ``(P) Any other property that the Secretary of Energy determines to be an effective device for the conservation of energy. ``(d) Certification.--For purposes of subsection (c)(1)(A)-- ``(1) Products.--A certification with respect to qualified energy conservation property shall be made by the manufacturer of such property. ``(2) Installation.--A certification with respect to the installation of qualified energy conservation property shall be made by the person who sold or installed the property. ``(3) Form.--Certifications referred to in this subsection shall be in such form as the Secretary shall prescribe, and, except in the case of a certification by a representative of a local building regulatory authority, shall include the taxpayer identification number of the person making the certification. ``(e) Special Rules.--For purposes of this section-- ``(1) Dollar amounts in case of joint occupancy.--In the case of any dwelling unit which if jointly occupied and used during any calendar year as a residence by 2 or more individuals the following shall apply: ``(A) The amount of the credit allowable under subsection (a) by reason of expenditures (as the case may be) made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. ``(B) There shall be allowable with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. ``(2) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. ``(3) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having made his proportionate share of any expenditures of such association. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. ``(4) Joint ownership of energy items.-- ``(A) In general.--Any expenditure otherwise qualifying as an expenditure for qualified energy conservation property shall not be treated as failing to so qualify merely because such expenditure was made with respect to 2 or more dwelling units. ``(B) Limits applied separately.--In the case of any expenditure described in subparagraph (A), the amount of the credit allowable under subsection (a) shall (subject to paragraph (1)) be computed separately with respect to the amount of the expenditure made for each dwelling unit. ``(5) Allocation in certain cases.--If less than 80 percent of the use of an item is for nonbusiness residential purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness residential purposes shall be taken into account. ``(6) When expenditure made; amount of expenditure.-- ``(A) In general.--Except as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. ``(B) Expenditures part of building construction.-- In the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. ``(C) Amount.--The amount of any expenditure shall be the cost thereof. ``(7) Other applicable rules.--Rules similar to the rules of paragraphs (4) and (5) of section 48(a) shall apply for purposes of this section. ``(f) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(g) Denial of Double Benefit.--No deduction or other credit shall be allowed under this chapter for any expenditure for which credit is allowed under this section. ``(h) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year. ``(i) Application of Section.--This section shall apply to expenditures with respect to property placed in service after December 31, 2000.''. (b) Conforming Amendment.--Subsection (a) of section 1016 of such Code (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) in the case of a residence with respect to which a credit was allowed under section 25C, to the extent provided in section 25C(f).''. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Energy conservation property in residences.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. TAX CREDIT FOR PURCHASES OF ENERGY EFFICIENT APPLIANCES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits against tax), as amended by section 2, is amended by inserting after section 25C the following new section: ``SEC. 25D. ENERGY EFFICIENT APPLIANCES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to 50 percent of the amount paid by the taxpayer for the purchase of any qualified appliance. ``(b) Limitation.--The credit allowed under subsection (a) for any taxable year shall not exceed $2,500. ``(c) Qualified Appliance.--For purposes of this section-- ``(1) In general.--The term `qualified appliance' means any appliance listed in paragraph (2) if it meets the standards in the Appliance Standards Program of the Department of Energy (in part 430 of chapter II of title 10 of the Code of Federal Regulations). ``(2) List of appliances.--For purposes of paragraph (1), the appliances listed in this paragraph are the following: ``(A) Air conditioners--central air and heat pumps. ``(B) Air conditioners--room. ``(C) Clothes dryers. ``(D) Clothes washers. ``(E) Heating equipment--furnaces and boilers. ``(F) Kitchen ranges and ovens. ``(G) Refrigerators, refrigerator-freezers, and freezers. ``(H) Showerheads and faucets. ``(I) Water closets and urinals. ``(J) Water heaters.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code, as amended by section 2, is amended by inserting after the item relating to section 25C the following new item: ``25D. Energy efficient appliances.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.

Energy Cost and Tax Relief Act- Amends the Internal Code to provide, for an individual, tax credits equal to 50 percent of: (1) the expenditures (up to a limit of $2,500 annually for each dwelling unit) for qualified energy conservation property during a year; and (2) the expenditures (up to a limit of $2,500 annually) for the purchase of any qualified appliance.

To amend the Internal Revenue Code of 1986 to allow individuals a credit against income tax for energy conservation expenditures in residences and for purchases of energy efficient appliances.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Caribbean Basin Trade Enhancement Act of 2005''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--CENTER FOR CARIBBEAN BASIN TRADE Sec. 101. Findings. Sec. 102. Establishment. Sec. 103. Activities. Sec. 104. Administrative provisions. Sec. 105. Sense of Congress. TITLE II--CARIBBEAN BASIN SKILLS-BASED TRAINING PROGRAM Sec. 201. Findings. Sec. 202. Establishment. Sec. 203. Activities. Sec. 204. Sense of Congress. TITLE III--GENERAL PROVISIONS Sec. 301. Report. Sec. 302. Definitions. Sec. 303. Authorization of appropriations. TITLE I--CENTER FOR CARIBBEAN BASIN TRADE SEC. 101. FINDINGS. Congress finds the following: (1) Increased globalization and economic integration are requiring countries throughout the world to rethink their competitiveness strategies and to take affirmative steps to improve their trade capacities. (2) Countries of the Caribbean Basin can benefit from assistance to improve their trade capacities. (3) The Organization of American States (OAS) has relevant experience in developing trade capacity initiatives and programs of countries of the Western Hemisphere. In particular, the Office for Trade, Growth and Competitiveness of the OAS has successfully trained trade negotiators, particularly within the context of negotiations to conclude a Free Trade Area of the Americas (FTAA). SEC. 102. ESTABLISHMENT. The Secretary of State is authorized to make a voluntary contribution on a grant basis to the Organization of American States to establish a Center for Caribbean Basin Trade (hereinafter in this title referred to as the ``Center'') in accordance with the provisions of this title. SEC. 103. ACTIVITIES. The Center shall carry out the following activities: (1) Provide government officials of Caribbean Basin countries, including trade negotiators, with technical assistance in developing and implementing trade agreements. (2) Assist government officials and private sector representatives of Caribbean Basin countries to further assist firms in developing export readiness, such as developing firms' commitment, identifying primary target markets, selecting market entry strategies, developing an international market plan, and developing distribution networks in other countries. (3) Provide training and consulting services to Caribbean Basin countries to upgrade port facilities, strengthen security measures, upgrade customs procedures, and modernize other infrastructure critical to trade. (4) Provide training and consulting services to government officials and private sector representatives of Caribbean Basin countries on import requirements of major trading countries for the Caribbean Basin region, including the United States, as well as financing mechanisms. SEC. 104. ADMINISTRATIVE PROVISIONS. The Secretary of State, acting through the Assistant Secretary of State for Western Hemisphere Affairs and the United States Permanent Representative to the Organization of American States, shall work with the Organization of American States to determine the location, staffing requirements, programs, and working methodology of the Center. SEC. 105. SENSE OF CONGRESS. It is the sense of Congress that a thorough study and analysis should be undertaken to determine a permanent location of the Center. TITLE II--CARIBBEAN BASIN SKILLS-BASED TRAINING PROGRAM SEC. 201. FINDINGS. Congress finds the following: (1) Studies demonstrate that greater emphasis needs to be given to secondary education in countries of the Western Hemisphere, including Caribbean Basin countries, in order to bridge the widening educational and technology gap in such countries, which ultimately hinders job growth. (2) Access to education is fundamental in helping to eradicate the poverty which limits economic growth in the countries of the Caribbean Basin. (3) Countries of the Western Hemisphere have consistently lagged behind the countries of Asia and other regions, suffering a self-perpetuating cycle of low-growth and increasing poverty. (4) The community college system in the United States provides skills-based training for United States workers and is a useful model for a skills-based training system for Caribbean Basin countries. (5) A skills-based training program established under the management of the Organization of American States (OAS) would be an effective means of addressing the needs of individuals and economic concerns in the Caribbean Basin region. (6) Such a program would provide individuals with the skills required to improve their standard of living and, together with employers, would further facilitate the economic integration of the countries of the Western Hemisphere. SEC. 202. ESTABLISHMENT. The Secretary of State is authorized to make a voluntary contribution on a grant basis to the Organization of American States to establish a skills-based training program for Caribbean Basin countries (hereinafter in this title referred to as the ``program'') in accordance with the provisions of this title. SEC. 203. ACTIVITIES. The program shall carry out activities to support a productive workforce in Caribbean Basin countries. SEC. 204. SENSE OF CONGRESS. It is the sense of Congress that the program should focus on mid- level technical education and training for the workforce in Caribbean Basin countries, utilizing existing educational facilities, cooperative private sector and government entities, and Internet-based training. TITLE III--GENERAL PROVISIONS SEC. 301. REPORT. Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on the implementation of this Act. SEC. 302. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Caribbean basin countries; countries of the caribbean basin.--The term ``Caribbean Basin countries'' or ``countries of the Caribbean Basin'' means the countries and territories specified in the matter preceding paragraph (1) of section 212(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(b)). (3) OAS.--The term ``OAS'' means the Organization of American States. SEC. 303. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of State to carry out this Act such sums as may be necessary for fiscal year 2006. (b) Sense of Congress.--Of the amount appropriated pursuant to the authorization of appropriations under subsection (a), it is the sense of Congress that up to $10,000,000 should be available to carry out title I of this Act and up to $10,000,000 should be available to carry out title II of this Act.

Caribbean Basin Trade Enhancement Act of 2005 - Authorizes the Secretary of State to make a voluntary contribution (on a grant basis) to the Organization of American States to establish a: (1) Center for Caribbean Basin Trade; and (2) a skills-based training program for Caribbean Basin countries. Expresses the sense of Congress that: (1) a thorough study and analysis should be undertaken to determine a permanent location of the Center; and (2) the skills-based program should focus on mid-level technical education and training for the workforce in Caribbean Basin countries, utilizing existing educational facilities, cooperative private sector and government entities, and Internet-based training.

To authorize appropriations for fiscal year 2006 for voluntary contributions on a grant basis to the Organization of American States (OAS) to establish a Center for Caribbean Basin Trade and to establish a skills-based training program for Caribbean Basin countries.

SECTION 1. CHILD SUPPORT AUDIT ADVISORY COMMITTEE. (a) Establishment.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall establish a committee which shall be known as the Child Support Audit Advisory Committee (in this Act referred to as the ``Committee''). (b) Duties.--The Committee shall assist the Secretary in-- (1) developing revised audit criteria and standards to be used pursuant to section 452(a)(4) of the Social Security Act based on-- (A) common data elements which are defined, collected, and reported in a uniform manner from each State; (B) numeric measures of the outcomes of the child support enforcement program under part D of title IV of such Act; and (C) numeric measures for assessing compliance with the regulations issued by the Secretary pursuant to subsections (h) and (i) of section 452 of such Act; (2) formulating a definition of substantial compliance that is based on such revised audit criteria and standards; (3) determining the period of time after interim or final Federal regulations are issued implementing such revised audit criteria and standards after which a State may be audited to determine compliance with such regulations; and (4) recommending to the Congress such legislation as may be necessary, with respect to the financing of State child support programs under part D of title IV of such Act, to enhance the effectiveness of audits required to be conducted under section 452(a)(4) of such Act and the associated penalty process under section 403(h) of such Act. (c) Membership.--The Committee shall be composed of not less than 6 members appointed by the Secretary, including-- (1) at least 1 director of a State child support enforcement program operating under part D of title IV of the Social Security Act; (2) at least 1 commissioner of a State human services agency; (3) individuals who have demonstrated expertise in the development of quantitative and qualitative measures for performance-based audits; and (4) at least 2 representatives of recipients of child support enforcement services. (d) Procedure.-- (1) Participation of the secretary.--The Secretary (or a designee of the Secretary) shall be an ex officio member of the Committee, and shall not vote on matters before the Committee. (2) Meetings.--The Committee shall meet at the call of the Secretary or a designee of the Secretary. (e) Compensation.-- (1) In general.--No member of the Committee may receive compensation for service on the Committee. (2) Travel expenses.--Each member of the Committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (f) Administrative Support.--Upon request of the Committee, the Secretary shall provide to the Committee the administrative support services necessary for the Committee to carry out its duties under this Act. (g) Inapplicability of the Federal Advisory Committee Act.--The Federal Advisory Committee Act shall not apply to the Committee. (h) Report.--Within 180 days after the date of the enactment of this Act, the Committee shall submit to the Secretary a report that contains proposed criteria and standards for conducting audits under section 452(a)(4) of the Social Security Act, which emphasize program outcomes. SEC. 2. NEW CHILD SUPPORT AUDIT PROCESS. (a) In General.--After consultation with the Committee, the Secretary shall-- (1) in accordance with subsection (b), promulgate new criteria and standards for conducting audits under section 452(a)(4) of the Social Security Act, which emphasize program outcomes; and (2) not later than the 1st day of the 12th calendar month beginning after the date of the enactment of this Act, recommend to the Congress such legislation as may be necessary, with respect to the financing of State child support programs under part D of title IV of the Social Security Act, to enhance the effectiveness of such audits and the associated penalty process under section 403(h) of the Social Security Act. (b) Timing.-- (1) Notice of proposed rulemaking.--Not later than 270 days after the date of the enactment of this Act, the Secretary shall issue a notice of proposed rulemaking with respect to the audit criteria and standards required by subsection (a)(1). (2) Final regulations.--Not later than the first day of the 12th calendar month beginning after the date of the enactment of this Act, and after allowing not less than 45 days for public comment on the proposed rulemaking required by paragraph (1) of this subsection, the Secretary shall issue final regulations with respect to the audit criteria and standards required by subsection (a)(1).

Directs the Secretary of Health and Human Services to: (1) establish the Child Support Audit Advisory Committee to assist in developing new criteria and standards for audits of State child support agencies which emphasize program outcomes; and (2) issue final regulations to implement such criteria and standards.

To provide for the establishment of a committee to assist the Secretary of Health and Human Services in developing new criteria and standards for audits of State child support programs, and to require the Secretary to promulgate regulations to modify such audits to emphasize program outcomes.

SECTION 1. FINDINGS. Congress finds the following: (1) The United States District Court for the Western District of Texas (in this Act referred to as the ``Western District'') has jurisdiction over Federal criminal matters involving a majority of the Texas-Mexico border region. United States-Mexico border-related criminal activities pose an enormous challenge to the Western District, where the caseload involving border-related crimes has crowded the docket in recent years. These challenges are confronted by the judiciary at the John H. Wood, Jr. U.S. Courthouse, in San Antonio (in this Act referred to as the ``Wood Courthouse''), a building which was not designed to serve as a courthouse, is not equipped with adequate security features, and has fallen into disrepair to a degree that places human health and safety in jeopardy. (2) The Wood Courthouse was originally designed and constructed to serve as a temporary pavilion for the 1968 World's Fair. Consistently one of the busiest courts in the Nation, the courthouse has been remodeled several times over the last 45 years to accommodate the ever increasing number of judges and staff--expanding from an initial 2 United States District Court Judges and a staffing level of 24, to the current 7 judges and over 280 staff. The workload of the Western District has grown significantly over the years, in large part due to an increased number of criminal cases, including those related to drug trafficking and gang activity along the border region. (3) The Wood Courthouse's inadequate security features lead to judges, United States Marshals, judicial staff, and jurors routinely facing defendants charged with violent crimes in corridors, elevators, and entryways. The courthouse has no security sally port. Judges, employees, and prisoners all use the same entrance to access the courthouse. (4) Other Wood Courthouse security-related concerns include the following: The current building has inadequate vehicle gates. Cell block doors and walls are not built to institution standards. There is little to no fencing surrounding the property, and nearly the complete circumference of the building is easily accessible by foot. There are no barriers surrounding the property. The facility's intrusion detection system fails to meet minimum standards. Cooperating prisoners and other prisoners or gang members in protective custody cannot be adequately segregated. There is only one room available for attorneys to meet with their clients--a room that is also used by pretrial officers and probation officers for interviews. Conversations can be overhead by others, including conversations addressing becoming a cooperating witness in the prosecution of others. The operations area for the deputy marshals to conduct their work is insufficient and the control room (providing audiovisual control of the building and exterior) is both inadequate and contains obsolete equipment. Judges, staff, and jurors very often encounter criminal defendants in the corridors because of these serious security lapses. (5) Even if some of the problems identified above were remedied, the 1968 theatre design of the building cannot be reconfigured to address the security problems inherent in the structure. (6) Environmental contamination, as well as aging, deteriorated drinking water facilities, pose urgent public health concerns in the Wood Courthouse. Water sampling conducted in the courthouse building in July and August 2015 found high levels of lead and bacteria in 9 of the building's sources of drinking water, including 5 water fountains and 2 break room sinks. Health regulations classify lead concentrations of more than 15 parts per billion as unacceptable; the testing found levels ranging from 2 to 6 times higher than 15 parts per billion. An August 25, 2015, water sampling revealed that 7 of 25 samples contained unacceptable levels of lead. Two of the 25 samples tested unacceptable for high levels of iron. Three of the 25 samples tested unacceptable for high levels of bacteria. The Federal Occupational Health office within the Department of Health and Human Services has confirmed that 8 water fountains or faucets test unacceptable because of high levels of lead, iron, or both. Lead is highly toxic and can cause kidney and blood pressure problems in adults. In children, lead can lead to delays in physical and mental development. The source of contamination in the Wood Courthouse is currently undetermined. Tests indicate that drinking water piped into the Wood Courthouse is not contaminated. Contamination could be related to pipes within the building, or to pipes that connect to the underground water main. (7) The Wood Courthouse has serious HVAC deficiencies. There are a total of 14 air handlers in the building. One of the air handlers is broken and out of service. Two other air handlers are original 1968 or 1975 equipment. They all are rotten and leak. The thermostats that are supposed to electronically control the building's HVAC system have not worked for over 4 years. Louvers in the building are manually adjusted to balance the air sent to the courtrooms or offices which cause wild temperature fluctuations. In the crawl space located below the courthouse, the pipes leak. When it rains, water accumulates. The building's fresh air passes through the crawl space and then flows into the building and the air is impacted by the mold in the air handlers and duct systems. Additionally, electrical wires in the crawl space are exposed to the mold and water accumulation. There is no separate prisoner elevator, separate prisoner circulation, and concomitant secure air exhaust or germicidal systems. Any prisoner with a communicable airborne disease can infect the entire building. (8) There is consensus among the Federal judicial and executive branches, including the Administrative Office of the United States Courts and the General Services Administration, that the Wood Courthouse needs to be replaced by a new courthouse to be constructed on available land to be conveyed to the General Services Administration by the City of San Antonio. The Wood Courthouse must be replaced with a modern building to allow for justice to be properly served, and to protect the safety and health of all those who are involved in Federal judicial matters. SEC. 2. EMERGENCY APPROPRIATIONS. There is hereby appropriated for the fiscal year ending September 30, 2016, out of any money in the Treasury not otherwise appropriated or obligated, $135,000,000 for the construction of a new courthouse for the United States District Court for the Western District of Texas: Provided, That such amount, or any portion of such amount, may be derived from the Assets Forfeiture Fund and the Federal Buildings Fund: Provided further, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 3. REAL PROPERTY EXCHANGE. The courthouse construction to be funded pursuant to section 2 shall include an exchange of titles to real property, on terms to be negotiated between the Administrator of General Services and the City of San Antonio. The property exchange shall involve federally owned land including the Wood Courthouse and Spears Judicial Training Center, located at 655 and 643, respectively, East Cesar E. Chavez Boulevard, San Antonio, Texas, and city-owned land commonly known as the San Antonio Police Headquarters Site, 214 West Nueva Street, at the corner of West Nueva and Santa Rosa Streets, San Antonio, Texas. SEC. 4. REPORT TO CONGRESS. Not later than 6 months after the date of enactment of this Act, the Administrator of General Services shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate, a report on progress of the implementation of sections 2 and 3 of this Act.

This bill provides $135 million in FY2016 emergency appropriations for the construction of a new courthouse for the U.S. District Court for the Western District of Texas. The bill designates the funds as an emergency requirement, which exempts the funds from limits on discretionary spending and other budget enforcement rules. The construction of the courthouse must include a real property exchange between the city of San Antonio, Texas, and the General Services Administration (GSA) involving: (1) federally owned land including the Wood Courthouse and Spears Judicial Training Center, and (2) city-owned land commonly known as the San Antonio Police Headquarters Site. Within six months of enactment of this bill, the GSA must provide a progress report to Congress.

Making emergency appropriations for the fiscal year ending September 30, 2016, to address needs of the Federal judiciary serving the border region between the United States and Mexico, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``529 and ABLE Account Improvement Act of 2016''. SEC. 2. EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS AND QUALIFIED ABLE PROGRAMS. (a) In General.--Subsection (a) of section 132 of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``, or'', and by adding at the end the following new paragraph: ``(9) qualified tuition program and qualified ABLE program contributions.''. (b) Qualified Tuition Program and Qualified ABLE Program Contributions Defined.--Section 132 of such Code is amended by redesignating subsection (o) as subsection (p) and inserting after subsection (n) the following new subsection: ``(o) Qualified Tuition Program and Qualified ABLE Program Contributions Defined.-- ``(1) In general.--For purposes of this section, the term `qualified tuition and qualified ABLE program contributions' means contributions (including matching contributions) made by an employer directly to a qualified tuition program (as described in section 529) or qualified ABLE program (as described in section 529A) designated by an employee if-- ``(A) such contribution is made to an account under such program for which the designated beneficiary is the employee or a member of the family of the employee (within the meaning of section 529(e)(2)), and ``(B) such contribution is made in connection with a qualified payroll deduction contribution program established by the employer. ``(2) Qualified payroll deduction contribution program.-- For purposes of this subsection, the term `qualified payroll deduction contribution program' means a program established by an employer-- ``(A) under which employees may elect to make contributions to accounts described in paragraph (1)(A) which reduce the amount of wages received directly by such employee by the amount of such contribution, and ``(B) which is made available on substantially the same terms to each member of a group of employees which is defined under a reasonable classification set up by the employer which does not discriminate in favor of highly compensated employees (as defined in section 414(q)). ``(3) Limitation on exclusion.--The amount of qualified tuition and qualified ABLE program contributions which may be excluded from gross income under subsection (a)(9) with respect to any employee shall not exceed $100 in any calendar year. ``(4) Nondiscrimination rule for employer contributions.-- Subsection (a)(9) shall only apply to contributions provided with respect to a highly compensated employee if such contributions meet the requirements of paragraph (2)(B). ``(5) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2016, the $100 amount contained in paragraph (3) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2015' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $25.''. (c) Effective Date.--The amendments made by this section shall apply to contributions made after December 31, 2016. SEC. 3. TAX CREDIT FOR SMALL EMPLOYER COSTS OF ESTABLISHING DIRECT PAYROLL DEDUCTION INTO QUALIFIED TUITION PROGRAMS AND QUALIFIED ABLE PROGRAMS. (a) In General.--Section 45E of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Application to Programs for Payroll Deduction Contributions to Qualified Tuition Programs and Qualified ABLE Programs.--In the case of a qualified payroll deduction contribution program (as defined in section 132(o)(2)) established by an employer-- ``(1) such program shall be treated as an eligible employer plan for purposes of this section, ``(2) this section (including the limitation of subsection (b)) shall be applied separately with respect to such programs and any other eligible employer plans of the employer, and ``(3) subsection (d)(1)(A)(ii) shall be applied by substituting `education' for `retirement-related education'.''. (b) Clerical Amendments.-- (1) The heading for section 45E of such Code is amended by striking ``pension''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 45E and inserting the following new item: ``Sec. 45E. Small employer plan startup costs.''. (c) Effective Date.--The amendments made by this section shall apply to costs paid or incurred in taxable years beginning after the date of the enactment of this Act. SEC. 4. EXEMPTIONS FROM ADDITIONAL TAX FOR CERTAIN DISTRIBUTIONS FROM QUALIFIED TUITION PROGRAMS. (a) In General.--Section 529(c)(6) of the Internal Revenue Code of 1986 is amended by striking the last sentence and inserting the following: ``This paragraph shall not apply to the extent that-- ``(A) a payment or distribution is contributed to an individual retirement plan of the account owner or the designated beneficiary with respect to the calendar year in which the payment or distribution is received, ``(B) a payment or distribution is used (within 90 days of the payment or distribution) to make a payment of interest or principal on a qualified education loan (as defined in section 222(d)(1)) on behalf of the designated beneficiary or a member of the family of such designated beneficiary within the meaning of section 529(e)(2)), or ``(C) the recipient of a payment or distribution makes (within 90 days of the receipt of the payment or distribution) a contribution to an organization described in section 170(b)(1)(A) (other than any organization described in section 509(a)(3) or any fund or account described in section 4966(d)(2)), but only if-- ``(i) a deduction for the entire payment or distribution is allowable under section 170, and ``(ii) the total payments and distributions taken into account under this subparagraph with respect to such recipient for any taxable year does not exceed $1,000.''. (b) Effective Date.--The amendments made by this section shall apply to distributions after the date of the enactment of this Act. SEC. 5. CLARIFICATION REGARDING INVESTMENT DIRECTION IN QUALIFIED TUITION PROGRAMS AND QUALIFIED ABLE PROGRAMS. (a) Investment Direction in Qualified Tuition Programs.--Paragraph (4) of section 529(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``For purposes of this paragraph, rebalancing investments among broad-based investment strategies established under the program shall not be treated as investment direction by a contributor or designated beneficiary unless the specific investments within those broad-based strategies are directed by the contributor or designated beneficiary.''. (b) Investment Direction in Qualified ABLE Programs.--Paragraph (4) of section 529A(b) of such Code is amended by adding at the end the following: ``For purposes of this paragraph, rebalancing investments among broad-based investment strategies established under the program shall not be treated as investment direction by a designated beneficiary unless the specific investments within those broad-based strategies are directed by the designated beneficiary.''. (c) Effective Date.--The amendments made by this section shall apply with respect to calendar years beginning after the date of the enactment of this Act. SEC. 6. ROLLOVERS BETWEEN QUALIFIED TUITION PROGRAMS AND QUALIFIED ABLE PROGRAMS. (a) Rollovers From Qualified Tuition Programs to Qualified ABLE Programs.--Clause (i) of section 529(c)(3)(C) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subclause (I), by striking the period at the end of subclause (II) and inserting ``, or'', and by adding at the end the following new subclause: ``(III) to an ABLE account (as defined in section 529A(e)(6)) of the designated beneficiary or a member of the family of the designated beneficiary. Subclause (III) shall not apply to so much of a distribution which, when added to all other contributions made to the ABLE account for the taxable year, exceeds the limitation under section 529A(b)(2)(B).''. (b) Rollovers From Qualified ABLE Programs to Qualified Tuition Programs.--Clause (i) of section 529A(c)(1)(C) of such Code is amended-- (1) by striking ``such payment or distribution, into another'' and inserting ``such payment or distribution-- ``(I) into another''; (2) by striking the period at the end and inserting ``, or'', and (3) by adding at the end the following new subclause: ``(II) to a qualified tuition program (as described in section 529) for the benefit of the same designated beneficiary or a member of the family of such designated beneficiary.''. (c) Effective Date.--The amendments made by this section shall apply to distributions after the date of the enactment of this Act.

529 and ABLE Account Improvement Act of 2016 This bill amends the Internal Revenue Code to modify the tax treatment of qualified tuition programs (known as 529 plans) and ABLE accounts. (Tax-favored ABLE [Achieving a Better Life Experience] accounts are designed to enable individuals with disabilities to save for and pay for disability-related expenses.) The bill excludes from gross income a fringe benefit consisting of up to $100 per year (adjusted for inflation after 2016) of employer contributions to an employee's 529 or ABLE account. The employer contribution must be made: (1) to an account for which the designated beneficiary is the employee or a member of the employee's family, and (2) in connection with a payroll deduction contribution program established by the employer. The bill also: (1) expands the tax credit for small employer pension plan startup costs to include the costs of establishing a payroll deduction contribution program for 529 plans and ABLE accounts;(2) permits 529 funds to be used for transfers to an Individual Retirement Account (IRA), education loan payments, or charitable contributions without being subject to the additional tax for distributions that are not used for qualified higher education expenses; and (3) permits tax-free rollovers of funds between 529 and ABLE accounts for the benefit of the same beneficiary or a family member of the beneficiary. For the purpose of current law restrictions on the frequency of investment directions that a beneficiary or contributor may provide for a 529 or ABLE account, rebalancing investments among broad-based investment strategies established under the program is not an investment direction unless the beneficiary or contributor directs the specific investments within the strategies.

529 and ABLE Account Improvement Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Quality Improvement Act''. SEC. 2. MEDICARE HEALTH CARE QUALITY DEMONSTRATION PROGRAMS. Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by inserting after section 1866B the following: ``health care quality demonstration program ``Sec. 1866C. (a) Definitions.--In this section: ``(1) Beneficiary.--The term `beneficiary' means a beneficiary who is enrolled in the traditional fee-for-service program under parts A and B or a beneficiary in a staff model or dedicated group model health maintenance organization under the Medicare+Choice program under part C. ``(2) Health care group.-- ``(A) In general.--The term `health care group' means-- ``(i) a group of physicians that is organized at least in part for the purpose of providing physician's services under this title; ``(ii) an integrated health care delivery system that delivers care through coordinated hospitals, clinics, home health agencies, ambulatory surgery centers, skilled nursing facilities, and employed or contracted physicians; or ``(iii) an organization representing regional coalitions of groups or systems described in clause (i) or (ii). ``(B) Inclusion.--As the Secretary determines appropriate, a health care group may include a hospital or any other individual or entity furnishing items or services for which payment may be made under this title that is affiliated with the health care group under an arrangement structured so that such individual or entity participates in a demonstration project under this section. ``(3) Physician.--Except as otherwise provided for by the Secretary, the term `physician' means any individual who furnishes services that may be paid for as physicians' services under this title. ``(b) Demonstration Projects.--The Secretary shall establish a 5- year demonstration program under which the Secretary shall approve demonstration projects that examine health delivery factors that encourage the delivery of improved quality in patient care, including-- ``(1) the provision of incentives to improve the safety of care provided to beneficiaries; ``(2) the appropriate use of best practice guidelines by providers and services by beneficiaries; ``(3) reduced scientific uncertainty in the delivery of care through the examination of variations in the utilization and allocation of services, and outcomes measurement and research; ``(4) encourage shared decision-making between providers and patients; ``(5) the provision of incentives for improving the quality and safety of care and achieving the efficient allocation of resources; ``(6) the appropriate use of culturally and ethnically sensitive health care delivery; and ``(7) the financial effects on the health care marketplace of altering the incentives for care delivery and changing the allocation of resources. ``(c) Administration by Contract.-- ``(1) In general.--Except as otherwise provided in this section, the Secretary may administer the demonstration program established under this section in the same manner as a demonstration program established under section 1866A is administered in accordance with section 1866B. ``(2) Alternative payment systems.--A health care group that receives assistance under this section may, with respect to the demonstration project to be carried out with such assistance, include proposals for the use of alternative payment systems for items and services provided to beneficiaries by the group that are designed to-- ``(A) encourage the delivery of high quality care while accomplishing the objectives described in subsection (b); and ``(B) streamline documentation and reporting requirements otherwise required under this title. ``(3) Benefits.--A health care group that receives assistance under this section may, with respect to the demonstration project to be carried out with such assistance, include modifications to the package of benefits available under the traditional fee-for-service program under parts A and B or the package of benefits available through a staff model or a dedicated group model health maintenance organization under part C. The criteria employed under the demonstration program under this section to evaluate outcomes and determine best practice guidelines and incentives shall not be used as a basis for the denial of medicare benefits under the demonstration program to patients against their wishes (or if the patient is incompetent, against the wishes of the patient's surrogate) on the basis of the patient's age or expected length of life or of the patient's present or predicted disability, degree of medical dependency, or quality of life. ``(d) Eligibility Criteria.--To be eligible to receive assistance under this section, an entity shall-- ``(1) be a health care group; ``(2) meet quality standards established by the Secretary, including-- ``(A) the implementation of continuous quality improvement mechanisms that are aimed at integrating community-based support services, primary care, and referral care; ``(B) the implementation of activities to increase the delivery of effective care to beneficiaries; ``(C) encouraging patient participation in preference-based decisions; ``(D) the implementation of activities to encourage the coordination and integration of medical service delivery; and ``(E) the implementation of activities to measure and document the financial impact of altering the incentives of health care delivery and changing the allocation of resources, on the health care marketplace; and ``(3) meet such other requirements as the Secretary may establish. ``(e) Waiver Authority.--The Secretary may waive such requirements of titles XI and XVIII as may be necessary to carry out the purposes of the demonstration program established under this section. ``(f) Budget Neutrality.--With respect to the 5-year period of the demonstration program under subsection (b), the aggregate expenditures under this title for such period shall not exceed the aggregate expenditures that would have been expended under this title if the program established under this section had not been implemented. ``(g) Notice Requirements.--In the case of an individual that receives health care items or services under a demonstration program carried out under this section, the Secretary shall ensure that such individual is notified of any waivers of coverage or payment rules that are applicable to such individual under this title as a result of the participation of the individual in such program. ``(h) Participation and Support by Federal Agencies.--In carrying out the demonstration program under this section, the Secretary may direct-- ``(1) the Director of the National Institutes of Health to expand the efforts of the Institutes to evaluate current medical technologies and improve the foundation for evidence- based practice; ``(2) the Administrator of the Agency for Healthcare Research and Quality to, where possible and appropriate, use the program under this section as a laboratory for the study of quality improvement strategies and to evaluate, monitor, and disseminate information relevant to such program; and ``(3) the Administrator of the Centers for Medicare & Medicaid Services to support linkages of relevant medicare data to registry information from participating health care groups for the beneficiary populations served by the participating groups, for analysis supporting the purposes of the demonstration program, consistent with the applicable provisions of the Health Insurance Portability and Accountability Act. ``(i) National Steering Committee for Medicare Quality and Safety Demonstration Programs.-- ``(1) Establishment.--The Secretary shall establish within the Department of Health and Human Services a national steering committee for medical excellence demonstration programs to carry out the duties described in paragraph (3). ``(2) Membership.--The membership of the steering committee established under paragraph (1) shall be appointed by the Secretary and shall include-- ``(A) at least 1 representative from-- ``(i) the Assistant Secretary for Planning and Evaluation; ``(ii) the Agency for Healthcare Research and Quality; ``(iii) the National Institutes of Health; and ``(iv) the Centers for Medicare & Medicaid Services; ``(B) a nationally recognized leader from the field of health care quality improvement; ``(C) an employer that provides employer-based health care; ``(D) a health care consumer; ``(E) a representative from the disability community; ``(F) at least 2 health care providers; and ``(G) an expert in quality of health care monitoring or in the evaluation of patient safety standards. ``(3) Duties.--The steering committee shall make recommendations to the Secretary regarding the design, evaluation, and participation criteria of the program established under this section.''.

Medicare Quality Improvement Act - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for a health care quality demonstration program under which the Secretary of Health and Human Services (HHS) shall approve demonstration projects that examine health delivery factors that encourage the delivery of improved quality in patient care. Directs the Secretary to establish within HHS a national steering committee for medical excellence demonstration programs to make recommendations to the Secretary regarding program design, evaluation, and participation criteria.

A bill to amend title XVIII of the Social Security Act to provide for the establishment of medicare demonstration programs to improve health care quality.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Terrorism Insurance Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Congressional findings. Sec. 3. Submission of premium information to Secretary of Commerce. Sec. 4. Individual company retention. Sec. 5. Federal cost-sharing for commercial insurers. Sec. 6. Terrorism loss repayment surcharge. Sec. 7. Administration of surcharges. Sec. 8. State preemption. Sec. 9. Consistent State guidelines for coverage for acts of terrorism. Sec. 10. Consultation with State insurance regulators and NAIC. Sec. 11. Limitation on punitive damages. Sec. 12. Definitions. Sec. 13. Regulations. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the terrorist attacks on the World Trade Center and the Pentagon of September 11, 2001, resulted in a large number of deaths and injuries, the destruction and damage to buildings, and interruption of business operations; (2) the attacks have inflicted the largest losses for a man-made event ever incurred by insurers and reinsurers; (3) while the insurance and reinsurance industries have committed to pay the losses arising from the September 11 attacks, the resulting disruption has created widespread market uncertainties with regard to the risk of losses arising from possible future terrorist attacks; (4) such uncertainty threatens the continued availability of United States commercial property casualty insurance for terrorism risk at meaningful coverage levels; (5) the unavailability of affordable commercial property and casualty insurance for terrorist acts threatens the growth and stability of the United States economy, by, among other things, impeding the ability of financial services providers to finance commercial property acquisitions and new construction; (6) in the past, the private insurance markets have shown a remarkable resiliency in adapting to changed circumstances, and, given time, the private markets will diversify and develop risk spreading mechanisms to increase capacity and guard against possible future losses incurred by terrorist attacks; (7) it is necessary in the short-term, however, to provide Federal assistance and to create a temporary industry risk sharing program to ensure the continued availability of commercial property and casualty insurance and reinsurance for terrorism-related risks; (8) such action is necessary to limit immediate market disruptions, encourage economic stabilization, and facilitate a transition to a viable market for private terrorism risk insurance; and (9) Federal involvement in the provision of commercial terrorism insurance should be short-term and should provide appropriate incentives for insurance companies and the commercial property insurance industry to continue providing terrorism insurance while minimizing terrorism risk and protecting American taxpayers. SEC. 3. SUBMISSION OF PREMIUM INFORMATION TO THE SECRETARY. To the extent such information is not otherwise available to the Secretary, the Secretary may require each insurer to submit, to the Secretary or to the NAIC, a statement specifying the aggregate premium amount of coverage written by such insurer for properties and persons in the United States under each line of commercial property and casualty insurance sold by such insurer during such periods as the Secretary may provide. SEC. 4. INDIVIDUAL COMPANY RETENTION. (a) In General.--For purposes of this Act, a ``triggering determination'' is a determination by the Secretary that a commercial insurer's annual insured losses for covered lines resulting from acts of terrorism occurring in calendar year 2002 or 2003 exceed the greater of-- (1) $10,000,000; or (2) 5 percent of the commercial insurer's gross direct written premiums on covered lines for the preceding calendar year. (b) Determinations Regarding Events.--For purposes of subsection (a), the Secretary shall have the sole authority to determine whether-- (1) an act of terrorism occurred; and (2) it occurred during calendar year 2002 or 2003. SEC. 5. FEDERAL COST-SHARING FOR COMMERCIAL INSURERS. (a) In General.--The Secretary shall provide financial assistance, pursuant to a triggering determination, to commercial insurers in accordance with this section to cover insured losses resulting from acts of terrorism, which shall be repaid in accordance with subsection (e). (b) Amount.--Subject to subsection (c), with respect to a triggering determination, the amount of financial assistance made available under this section to each commercial insurer shall be equal to 80 percent of the amount of the covered losses of the insurer as a result of the acts of terrorism. (c) Aggregate Limitation.--The aggregate amount of financial assistance provided pursuant to this section may not exceed $100,000,000,000. (d) Limitations.--The Secretary may establish limitations to ensure that payments under this section in connection with a triggering determination are made only to commercial insurers that are not in default of any obligation under section 6 to collect surcharges. (e) Repayment.--Financial assistance made available under this section shall be repaid through surcharges collected by commercial insurers under section 6 and remitted to the Secretary. Any such amounts collected or remitted shall be deposited into the general fund of the Treasury. The aggregate amount of financial assistance repaid pursuant to this subsection may not exceed-- (1) $50,000,000,000, plus market rate interest for assistance provided for acts of terrorism occurring in calendar year 2002; and (2) $50,000,000,000 for acts of terrorism occurring in calendar year 2003. (f) Emergency Designation.--Congress designates the amount of new budget authority and outlays in all fiscal years resulting from this section as an emergency requirement pursuant to section 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(e)). Such amount shall be available only to the extent that a request, that includes designation of such amount as an emergency requirement as defined in such Act, is transmitted by the President to Congress. SEC. 6. TERRORISM LOSS REPAYMENT SURCHARGE. (a) Imposition and Collection.--If, pursuant to a triggering determination, the Secretary Provides Federal assistance to commercial insurers under this Act, the Secretary shall-- (1) establish and impose a policyholder premium surcharge, as provided under this section, on commercial insurers' covered lines of insurance written after such determination, for the purpose of repaying financial assistance made available under section 5 in connection with such triggering determination; and (2) provide for commercial insurers to collect such surcharge and remit amounts collected to the Secretary. (b) Amount and Duration.--The surcharge under this section shall be established in such amount, and shall apply to covered lines of insurance written during such period, as the Secretary determines is necessary to recover the aggregate amount of financial assistance provided under section 5 subject to the limitation in section 5(e). (c) Limitation on Surcharge.--The surcharge applied to any policyholder under this section-- (1) may not exceed 6 percent of the policyholder's annual premium for covered lines of insurance; and (2) shall be imposed with respect to all covered lines of insurance written during the period referred to in subsection (b). SEC. 7. ADMINISTRATION OF ASSESSMENTS AND SURCHARGES. (a) Manner and Method.--The Secretary shall provide for the manner and method of imposing, collecting, and remitting surcharges under section 6, including the timing and procedures of making such surcharges, notifying commercial insurers of surcharge requirements, collecting surcharges through commercial insurers, and refunding or crediting of any excess amounts remitted. (b) Effect of Surcharges on Urban and Smaller Commercial and Rural Areas and Different Lines of Insurance.--In determining the method and manner of imposing surcharges under section 6, and the amount thereof, the Secretary shall take into consideration-- (1) the economic impact of any such surcharges on commercial centers of urban areas, including the effect on commercial rents and commercial insurance premiums, particularly rents and premiums charged to small businesses, and the availability of lease space and commercial insurance within urban areas; (2) the risk factors related to rural areas and smaller commercial centers, including the potential exposure to loss and the likely magnitude of such loss, as well as any resulting cross-subsidization that might result; and (3) the various exposures to terrorism risk for different lines of commercial property and casualty insurance. (c) Timing of Coverages and Assessments.--The Secretary may adjust the timing of coverages and assessments provided under this Act to provide for equivalent application of the provisions of this Act to commercial insurers and policies that are not based on a calendar year. (d) Application to Self-Insurance Arrangements.--The Secretary may, in consultation with the NAIC, apply the provisions of this Act, as appropriate, to self-insurance arrangements by municipalities and other public entities, but only if such application is determined before the occurrence of a triggering event and all of the provisions of this Act are applied uniformly to such entities. SEC. 8. STATE PREEMPTION. (a) Covered Perils.--A commercial insurer shall be considered to have complied with any State law that requires or regulates the provision of insurance coverage for acts of terrorism if the insurer provides coverage in accordance with the definitions regarding acts of terrorism under the regulations issued by the Secretary. (b) File and Use.--With respect only to covered lines of insurance covering acts of terrorism, any provision of State law that requires, as a condition precedent to the effectiveness of rates or policies for such insurance that is made available by an insurer licensed to transact such business in the State, any action (including prior approval by the State insurance regulator for such State) other than filing of such rates and policies and related information with such State insurance regulator is preempted to the extent such law requires such additional actions for such insurance coverage. This subsection shall not be considered to preempt a provision of State law solely because the law provides that rates and policies for such insurance coverage are, upon such filing, subject to subsequent review and action, which may include actions to disapprove or discontinue use of such rates or policies, by the State insurance regulator. SEC. 9. CONSISTENT STATE GUIDELINES FOR COVERAGE FOR ACTS OF TERRORISM. (a) Sense of Congress Regarding Covered Perils.--It is the sense of the Congress that-- (1) the NAIC, in consultation with the Secretary, should develop appropriate definitions for acts of terrorism and appropriate standards for making determinations regarding events or occurrences of acts of terrorism; (2) each State should adopt the definitions and standards developed by the NAIC for purposes of regulating insurance coverage made available in that State; (3) in consulting with the NAIC, the Secretary should advocate and promote the development of definitions and standards that are appropriate for purposes of this Act; and (4) after consultation with the NAIC, the Secretary should adopt definitions for acts of terrorism and standards for determinations that are appropriate for this Act. (b) Guidelines Regarding Disclosure of Pricing and Terms of Coverage.-- (1) Sense of congress.--It is the sense of the Congress that the States should require, by laws or regulations governing the provision of commercial property and casualty insurance that includes coverage for acts of terrorism, that the price of any such terrorism coverage, including the costs of any terrorism related assessments or surcharges under this Act, be separately disclosed. (2) Adoption of national guidelines.--If the Secretary determines that the States have not enacted laws or adopted regulations adequately providing for the disclosures described in paragraph (1) within a reasonable period of time after the date of the enactment of this Act, the Secretary shall, after consultation with the NAIC, adopt guidelines on a national basis requiring such disclosure in a manner that supersedes any State law regarding such disclosure. SEC. 10. CONSULTATION WITH STATE INSURANCE REGULATORS AND NAIC. The Secretary shall consult with the State insurance regulators and the NAIC in carrying out this Act. The Secretary may take such actions, including entering into such agreements and providing such technical and organizational assistance to insurers and State insurance regulators, as may be necessary to provide for the distribution of financial assistance under section 5 and the collection and remitting of surcharges under section 6. SEC. 11. LIMITATION ON PUNITIVE DAMAGES. (a) In General.--In any claim brought in any court for damages arising from an act of terrorism, as determined by the Secretary, no punitive damages may be awarded. (b) Exception.--The preceding sentence does not apply to a defendant who committed the act of terrorism or knowingly conspired to commit that act. SEC. 12. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Act of terrorism.-- (A) In general.--The term ``act of terrorism'' means any act that the Secretary determines meets the requirements under subparagraph (B), as such requirements are further defined and specified by the Secretary in consultation with the NAIC. (B) Requirements.--An act meets the requirements of this subparagraph if the act-- (i) is unlawful; (ii) causes harm to a person, property, or entity, in the United States; (iii) is committed by a group of persons or associations who-- (I) are not a government of a foreign country or the de facto government of a foreign country; and (II) are recognized by the Department of State or the Secretary as a terrorist group or have conspired with such a group or the group's agents or surrogates; and (iv) has as its purpose to overthrow or destabilize the government of any country or to influence the policy or affect the conduct of the government of the United States by coercion. (2) Covered line.--The term ``covered line'' means any one or a combination of the following, written on a direct basis, as reported by property and casualty insurers in required financial reports on Statutory Page 14 of the NAIC Annual Statement Blank: (A) Fire. (B) Allied lines. (C) Commercial multiple peril. (D) Ocean marine. (E) Inland marine. (F) Workers compensation. (G) Products liability. (H) Commercial auto no-fault (personal injury protection), other commercial auto liability, or commercial auto physical damage. (I) Aircraft (all peril). (J) Fidelity and surety. (K) Burglary and theft. (L) Boiler and machinery. (3) Covered losses.--The term ``covered losses'' means direct incurred losses from an act of terrorism for covered lines in excess of the participating insurer's retention, defense, and cost containment expenses. (4) NAIC.--The term ``NAIC'' means the National Association of Insurance Commissioners. (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (6) State.--The term ``State'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. (7) State insurance regulator.--The term ``State insurance regulator'' means, with respect to a State, the principal insurance regulatory authority of the State. SEC. 13. REGULATIONS. The Secretary shall issue any regulations necessary to carry out this Act.

Terrorism Insurance Act - Authorizes the Secretary of Commerce to require each commercial insurer to submit to the Secretary or the National Association of Insurance Commissioners (NAIC) a statement specifying the aggregate premium amount of coverage written for properties and persons in the United States under each line of commercial property and casualty insurance sold during specified periods.Directs the Secretary to provide financial assistance to commercial insurers to cover insured losses resulting from acts of terrorism, conditioned upon payment of a terrorism loss repayment surcharge collected by such insurers and remitted to the Secretary.Permits extension of this Act to self-insurance arrangements by municipalities and other public entities.Expresses the sense of Congress that: (1) NAIC, in consultation with the Secretary, should develop appropriate definitions for acts of terrorism and appropriate standards for making determinations regarding such acts; (2) each State should adopt those definitions and standards for purposes of regulating insurance coverage; and (3) after consultation with the NAIC, the Secretary should adopt definitions for acts of terrorism and standards for determinations appropriate for this Act.Expresses the sense of Congress that the States should require separate disclosure by insurance companies of the price of any terrorism coverage, including the costs of any terrorism related assessments or surcharges under this Act.

A bill to ensure the continued financial capacity of insurers to provide coverage for risks from terrorism.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Gift Card Act''. SEC. 2. DEFINITIONS. In this Act: (1) Gift certificate, store gift card, other prepaid cards.--The terms ``gift certificate'', ``store gift card'', and ``general-use prepaid card'' have the following meanings: (A) Gift certificate.--The term ``gift certificate'' means a written promise that is-- (i) usable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; (ii) issued in a specified amount and cannot be increased; (iii) purchased on a prepaid basis in exchange for payment; and (iv) honored upon presentation by such single merchant or affiliated group of merchants for goods or services. (B) Store gift card.--The term ``store gift card'' means a plastic card or other electronic payment device that is-- (i) usable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; (ii) issued in a specified amount and may or may not be increased in value or reloaded; (iii) purchased on a prepaid basis in exchange for payment; and (iv) honored upon presentation by such single merchant or affiliated group of merchants for goods or services. (C) General-use prepaid card.-- (i) In general.--The term ``general-use prepaid card'' means a card or other electronic payment device issued by a bank or financial institution, or by a licensed money transmitter that is-- (I) usable at multiple, unaffiliated merchants or service providers, or at automated teller machines; (II) issued in a requested amount whether or not that amount may be, at the option of the issuer, increased in value or reloaded if requested by the holder; (III) purchased or loaded on a prepaid basis; and (IV) honored, upon presentation, by merchants for goods or services, or at automated teller machines. (ii) Exception.--The term ``general-use prepaid card'' does not include a debit card that is linked to a demand deposit or share draft account. (D) Exclusion.--The terms ``gift certificate'', ``store gift card'', and ``general-use prepaid card'' do not include a written promise, plastic card, or other electronic device that is-- (i) used solely for telephone services; or (ii) associated with a demand deposit, checking, savings or similar account in the name of the individual at a bank or financial institution, and that provides payment solely by debiting such account. (2) Debit card.--The term ``debit card'' has the meaning given that term under section 603(r)(3) of the Fair Credit Reporting Act (15 U.S.C. 1681a(r)(3)). (3) Financial institution.--The term ``financial institution'' has the meaning given that term under section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)). (4) Dormancy fee; inactivity charge or fee.--The terms ``dormancy fee'' and ``inactivity charge or fee'' mean a fee, charge, or penalty for non use or inactivity of a gift certificate, store gift card, or prepaid general-use card. (5) Service fee.--The term ``service fee'' means a periodic fee, charge, or penalty for holding or use of a gift certificate, store card, or prepaid general use card. (6) Licensed money transmitter.--The term ``licensed money transmitter'' means a person who sells or issues payment instruments or engages in the business of receiving money for transmission or transmitting money within the United States or to locations abroad by any and all means, including but not limited to payment instrument, wire, facsimile or electronic transfer. SEC. 3. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH GIFT CARDS. (a) Imposition of Fees or Charges.-- (1) In general.--Except as provided for in paragraphs (2), (3), and (4) it is unlawful for any person to impose with respect to a gift certificate, store gift card, or general-use prepaid card a dormancy fee, inactivity charge or fee or a service fee. (2) Exception.--A dormancy fee, inactivity charge or fee, or service fee described in paragraph (1) may be charged with respect to a gift certificate, store gift card, or general-use prepaid card if-- (A) at the time the charge or fee is assessed the certificate or card has a remaining value of $5 or less; (B) the charge or fee does not exceed $1; (C) there has been no activity with respect to the certificate or the card for at least 24 consecutive months; (D) the holder of the certificate or the card may reload or add value to the certificate or the card; and (E) the requirements of paragraph (3) are met. (3) Requirements.--The requirements of this paragraph are that-- (A) the certificate or card clearly and conspicuously states in 10-point font-- (i) that a charge or fee described in paragraph (1) may be charged; and (ii) the amount of the charge or fee, how often the charge or fee may be assessed, and that the charge or fee may be assessed for inactivity; and (B) the issuer of the certificate or card informs the purchaser of the charge or the fee before the certificate or card is purchased, regardless of whether the certificate or card is purchased in person, over the Internet, or by telephone. (4) Exclusion.--The prohibitions and requirements contained in this subsection shall not apply to gift certificates that-- (A) are distributed pursuant to an award, loyalty, or promotional program and with respect to which there is no money or other value exchanged; or (B) expire not later than 30 days after the date they are sold and are sold below the face value of the certificate to an employer, or to a nonprofit or charitable organization for fundraising purposes. (b) Limitations on Expiration Date.-- (1) In general.--Except as provided in paragraph (2), it is unlawful for any person to sell or issue a gift certificate, store gift card, or general-use prepaid card that is subject to an expiration date. (2) Exceptions.--A gift certificate, store gift card, or general-use prepaid card may contain an expiration date if the expiration date is not less than 5 years from the date the card is purchased. Expiration terms must be prominently disclosed in at least 10-point font and in all capital letters. SEC. 4. RELATION TO STATE LAWS. The Act and any regulations or standards established pursuant to this Act shall not supersede any State law or regulation with respect to charges, fees, and expiration dates of gift certificates, store gift card, or general-use prepaid cards. SEC. 5. ENFORCEMENT. (a) Unfair or Deceptive Act or Practice.--A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Actions by the Commission.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (c) Individual Cause of Action.--Nothing in this Act shall be construed to limit an individual's rights to enforce a State law relating to unfair or deceptive acts or practices.

Fair Gift Card Act - States it is unlawful for any person to impose a dormancy fee, inactivity charge or fee, or a service fee with respect to a gift certificate, store gift card, or general-use prepaid card. Exempts from this prohibition any such charge or fee if: (1) the certificate or card has a remaining value of $5 or less at the time the charge or fee is assessed; (2) the charge or fee does not exceed $1; (3) there has been no activity with respect to the certificate or card for at least the last 24 months; (4) the holder of the certificate or the card may reload or add value to the certificate or the card; and (5) specified charge or fee disclosure requirements have been met. Declares it is unlawful to sell or issue a gift certificate, store gift card, or general-use prepaid card that is subject to an expiration date unless the date is not less than five years from the date the card is purchased and the expiration terms are prominently disclosed in specified font size and in all capital letters. States that a violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act.

A bill entitled the "Fair Gift Card Act".

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring the Doctors of Our Country through Scholarships Veterans Affairs Act of 2014'' or the ``RDOCS-VA Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) Medical facilities of the Department of Veterans Affairs are in dire need of more physicians, with a particular need for doctors trained in primary care specialties. (2) The Health Professionals Educational Assistance Program established by chapter 76 of title 38, United States Code, provides educational assistance through scholarships and loan forgiveness for a range of health professionals, however, it does not specifically encourage a commitment to primary care by physicians employed by the Department of Veterans Affairs. (3) The Reserve Officers' Training Corps (ROTC) model of education and training is a respected and effective way of meeting the need of the United States for educated and trained officers in the Armed Forces, and it can be applied to train and educate physicians to provide primary care services. (4) Congress can build off of the Health Professionals Educational Assistance Program and the ROTC model to solve the primary care shortage by providing full-tuition scholarships to students committed to serving the United States as primary care doctors at the Department of Veterans Affairs. SEC. 3. ESTABLISHMENT OF RESTORING THE DOCTORS OF OUR COUNTRY THROUGH SCHOLARSHIPS--VETERANS AFFAIRS PROGRAM. (a) In General.--Chapter 76 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER VIII--RESTORING THE DOCTORS OF OUR COUNTRY THROUGH SCHOLARSHIPS--VETERANS AFFAIRS ``Sec. 7691. Authority for program ``As part of the Educational Assistance Program, the Secretary shall carry out a scholarship program under this subchapter in order to provide for the increased availability of physicians who provide primary health care services at medical facilities of the Department of Veterans Affairs. The program shall be known as the Restoring the Doctors of Our Country through Scholarships-Veterans Affairs program (in this subchapter referred to as the `RDOCS-VA program'). ``Sec. 7692. Scholarship program ``(a) In General.--In carrying out the RDOCS-VA program, the Secretary shall award not less than 400 RDOCS-VA scholarships to individuals who are selected by the Secretary and enter into an agreement under subsection (b). Under such scholarships, the Secretary shall pay-- ``(1) to the participating undergraduate medical program all tuition and costs for the undergraduate medical education of an RDOCS-VA scholar for a period of study not exceeding 48 consecutive months; and ``(2) to the RDOCS-VA scholar a cost-of-living stipend, in an amount determined by the Secretary. ``(b) Agreement.--To participate in the RDOCS-VA program, an RDOCS- VA scholar shall agree to-- ``(1) be admitted into and maintain enrollment in a participating undergraduate medical program in the State of residence of the scholar (or if such State of residence operates no such program, in a participating undergraduate medical program in a State within an associated region); ``(2) when enrolled in such program, maintain a minimum level of academic standing (to be determined by the Secretary); ``(3) complete an accredited residency training program in a primary care specialty; ``(4) become licensed to practice medicine in the State of residence of the scholar; ``(5) receive and maintain board certification in a primary care specialty; and ``(6) complete a five-year post-graduate period of employment by the Department of Veterans Affairs performing primary care services. ``(c) Priority in Awarding Scholarships.--In selecting RDOCS-VA scholars and awarding scholarships under subsection (a), the Secretary shall give preference to applicants who-- ``(1) are enrolled in an accelerated track family-medicine program; or ``(2) elect to complete the period of employment described in subsection (b)(6) at a facility of the Department that the Secretary designates as having an urgent need for primary care physicians. ``(d) Ineligibility for Other Educational Assistance.--An RDOCS-VA scholar shall not be eligible for other assistance under this chapter in connection with the education received under the RDOCS-VA program. ``Sec. 7693. Breach of agreement: liability ``(a) In General.--An RDOCS-VA scholar (other than a scholar described in subsection (b)) who fails to accept payment, or instructs the participating undergraduate medical program in which the scholar is enrolled not to accept payment, in whole or in part, of a scholarship under the agreement entered into under section 7692(b) of this title shall be liable to the United States for liquidated damages in the amount of $1,500. Such liability is in addition to any period of obligated service or other obligation or liability under the agreement. ``(b) Liability.--(1) An RDOCS-VA scholar shall be liable to the United States for the amount which has been paid to or on behalf of the scholar under the agreement entered into under section 7692(b) of this title if any of the following occurs: ``(A) The scholar fails to maintain an acceptable level of academic standing described in paragraph (2) of such section 7692(b). ``(B) The scholar is dismissed from the participating undergraduate medical program for disciplinary reasons. ``(C) The scholar voluntarily terminates the course of training in such program before the completion of such program. ``(D) The scholar fails to become licensed to practice medicine in the State of residence of the scholar during a period of time determined under regulations prescribed by the Secretary. ``(2) Liability under this subsection is in lieu of any service obligation arising under the agreement of the RDOCS-VA scholar. ``(c) Recovery.--(1) If an RDOCS-VA officer breaches the agreement by failing (for any reason) to complete the period of obligated service of the officer, the United States shall be entitled to recover from the officer an amount determined in accordance with the formula described in section 7617(c)(1) of this title. ``(2) Any amount of damages which the United States is entitled to recover under this section shall be paid to the United States within the one-year period beginning on the date of the breach of the agreement. ``Sec. 7694. Reports ``The Secretary shall annually submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the physician workforce of the Department. Such report shall include-- ``(1) the number of scholarships awarded under this subchapter during the year covered by the report; ``(2) data on the physician shortage of the Department, if any, disaggregated by the medical facility of the Department; and ``(3) a gap analysis of the primary care practitioners needed in each medical facility of the Department, and a five- and ten-year estimates of the funding needed to close the gap through the RDOCS-VA program. ``Sec. 7695. Definitions ``In this subchapter: ``(1) The term `accelerated track family-medicine program' means an appropriately accredited, integrated course of study in which a candidate can complete undergraduate medical education and graduate medical education in six years. ``(2) The term `associated region' means-- ``(A) the area encompassing the boundaries of Washington, Wyoming, Alaska, Montana, and Idaho; ``(B) the area encompassing the boundaries of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, and Vermont; ``(C) the area encompassing the boundaries of Delaware and Pennsylvania; or ``(D) the area encompassing the boundaries of Maryland, the District of Columbia, and Virginia. ``(3) The term `board certification' means a certification to practice medicine in a specialty, by an appropriate medical specialty board. ``(4) The term `participating undergraduate medical program' means an allopathic or osteopathic undergraduate medical program operated by a State. ``(5) The term `primary care specialty' means geriatrics, gerontology, family medicine, or general internal medicine. ``(6) The term `RDOCS-VA officer' means an RDOCS-VA program participant who has completed undergraduate medical training, but has not yet fulfilled the remaining requirements of the scholarship agreement entered into under section 7692(b) of this title. ``(7) The term `RDOCS-VA scholar' means an individual participating in an RDOCS-VA program pursuant to a scholarship agreement entered into under section 7692(b) of this title, but has not yet completed undergraduate medical education. ``(8) State.--The term `State' means each of the several States and the District of Columbia.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 7684 the following new items: ``subchapter viii--restoring the doctors of our country through scholarships--veterans affairs ``7691. Authority for program. ``7692. Scholarship program. ``7693. Breach of agreement: liability. ``7694. Reports. ``7695. Definitions.''.

Restoring the Doctors of Our Country through Scholarships Veterans Affairs Act of 2014 or the RDOCS-VA Act of 2014 - Directs the Secretary of Veterans Affairs, as part of the Department of Veterans Affairs (VA) Health Professionals Educational Assistance Program, to carry out a scholarship program to provide for the increased availability of physicians who provide primary health care services at VA medical facilities, which shall be known as the Restoring the Doctors of Our Country through Scholarships-Veterans Affairs (RDOCS-VA) program. Directs the Secretary, under such program, to award not less than 400 scholarships covering all tuition and costs for an undergraduate medical education for a period of study not exceeding 48 consecutive months, and a cost-of-living stipend, to selected individuals who agree to: be admitted into and maintain enrollment in a participating undergraduate medical program in the scholar's state of residence, maintain a minimum level of academic standing, complete an accredited residency training program in a primary care specialty, become licensed to practice medicine in the scholar's state of residence, receive and maintain board certification in a primary care specialty, and complete a five-year post-graduate period of employment by the VA performing primary care services. Directs the Secretary to give preference to applicants who: (1) are enrolled in an accelerated track family-medicine program, or (2) elect to complete the five-year period of employment at a VA facility that the Secretary designates as having an urgent need for primary care physicians. Sets forth provisions regarding such scholar's liability for breach of agreement.

RDOCS-VA Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Executive Service Reform Act of 2003''. SEC. 2. LOCALITY PAY ADJUSTMENT LIMITATION. Section 5304(g) of title 5, United States Code, is amended-- (1) in paragraph (2)(A), by striking ``subparagraphs (A) to (E)'' and inserting ``subparagraphs (A), (D), and (E)''; and (2) by adding at the end the following: ``(3) The applicable maximum under this subsection shall be level II of the Executive Schedule for positions under subsection (h)(1) (B) and (C).''. SEC. 3. RATES OF PAY FOR SENIOR EXECUTIVE SERVICE. (a) In General.--Chapter 53 of title 5, United States Code, is amended-- (1) by striking section 5382 and inserting the following: ``Sec. 5382. Establishment of rates of pay for the Senior Executive Service ``(a) Subject to regulations prescribed by the Office of Personnel Management, there shall be established a range of rates of basic pay for the Senior Executive Service, and each senior executive shall be paid at 1 of the rates within the range, based on individual performance, contribution to the agency's performance, or both. ``(b) The lowest rate of the range shall not be less than the minimum rate of basic pay payable under section 5376, and the highest rate shall not exceed the rate for level III of the Executive Schedule. Comparability payments under section 5304 or 5304a may be paid in addition to the highest rate under this subsection. ``(c) The payment of the rates under this section shall not be subject to the pay limitation of section 5306(e) or 5373.''. (b) Technical and Conforming Amendments.-- (1) Table of sections.--The table of sections for chapter 53 of title 5, United States Code, is amended by striking the item relating to section 5382 and inserting the following: ``5382. Establishment of rates of pay for the Senior Executive Service.''. (2) Setting and adjustment of senior executive service pay.--Section 5383 of title 5, United States Code, is amended-- (A) in subsection (a), by striking ``which of the rates established under section 5382 of this title'' and inserting ``which of the rates within the range established under section 5382''; and (B) in subsection (c), by striking ``for any pay adjustment under section 5382 of this title'' and inserting ``as provided in regulations prescribed by the Office under section 5385''. (3) Limitations on pay fixed by administrative actions.-- Chapter 53 of title 5, United States Code, is amended-- (A) in section 5306(e)-- (i) by inserting ``(1)'' after ``(e)''; and (ii) by adding at the end the following: ``(2) This subsection shall not apply to any authority under section 5376 or 5382.''; and (B) in section 5373(a), by striking paragraph (4) and inserting the following: ``(4) section 4802, 5376, or 5382.''. SEC. 4. RATES OF PAY FOR ADMINISTRATIVE LAW JUDGES. Section 5372(b)(1)(C) of title 5, United States Code, is amended-- (1) by striking ``level IV'' each place it appears and inserting ``level III''; and (2) by adding after the period the following: ``Comparability payments under section 5304 or 5304a may be paid in addition to the highest rate under this subparagraph.''. SEC. 5. RATES OF PAY FOR CONTRACT APPEALS BOARD MEMBERS. Section 5372a of title 5, United States Code, is amended-- (1) in subsection (b)(1), by striking ``level IV'' and inserting ``level III''; and (2) by redesignating subsection (c) as subsection (d) and inserting after subsection (b) the following: ``(c) Comparability payments under section 5304 or 5304a may be paid in addition to the rates under subsection (b).''. SEC. 6. RATES OF PAY FOR CERTAIN SENIOR LEVEL POSITIONS. Section 5376(b)(1) of title 5, United States Code, is amended-- (1) in subparagraph (B), by striking ``level IV'' and inserting ``level III''; and (2) by adding after the sentence following subparagraph (B) the following: ``Comparability payments under section 5304 or 5304a may be paid in addition to the highest rate under subparagraph (B).''. SEC. 7. EXPANDED SENIOR EXECUTIVE SERVICE LIMITED APPOINTMENT AUTHORITY. (a) Definitions.--Section 3132 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) by striking paragraph (5), and inserting the following: ``(5) `limited appointee' means an individual appointed to a Senior Executive Service position to meet a short-term staffing need, as determined by the Office of Personnel Management;''; (B) by striking paragraph (6) and redesignating paragraphs (7), (8), and (9) as paragraphs (6), (7), and (8), respectively; and (C) by amending paragraph (7) as so redesignated to read as follows: ``(7) `career reserved position' means a position designated under subsection (b) which may be filled only by-- ``(A) a career appointee; or ``(B) a limited appointee who, immediately before entering the career reserved position, was serving under a career or career-conditional appointment outside the Senior Executive Service (or an appointment of equivalent tenure, as determined by the Office of Personnel Management), or whose limited appointment to a career reserved position is approved in advance by the Office of Personnel Management;''; and (2) in subsection (b)(1), by striking ``For the purpose of paragraph (8) of subsection (a) of this section,'' and inserting ``For the purpose of paragraph (7) of subsection (a),''. (b) Noncareer and Limited Appointments.--Section 3394 of title 5, United States Code, is amended to read as follows: ``Sec. 3394. Noncareer and limited appointments ``(a) Each noncareer appointee and limited appointee shall meet the qualifications of the position to which appointed, as determined in writing by the appointing authority. ``(b) An individual may not be appointed as a limited appointee without the prior approval of the exercise of such appointment authority by the Office of Personnel Management. ``(c) The duration of a limited appointment shall be-- ``(1) 4 years or less to a Senior Executive Service position the duties of which will expire at the end of such term; or ``(2) 12 months or less to a Senior Executive Service position the duties of which are continuing. ``(d) In rare circumstances, the Office of Personnel Management may authorize an extension of a limited appointment under-- ``(1) subsection (c)(1) for a period not to exceed 2 years; and ``(2) subsection (c)(2) for a period not to exceed 12 months. ``(e) A limited appointee who has been appointed from a career or career-conditional appointment outside the Senior Executive Service shall have reemployment rights in the agency from which appointed, or in another agency, under requirements and conditions established by the Office of Personnel Management. The Office shall have the authority to direct such placement in any agency.''. (c) Reassignment and Transfer.--Section 3395 of title 5, United States Code, is amended by striking subsections (b) and (c) and inserting the following: ``(b) Notwithstanding section 3394(b)-- ``(1) a limited appointee serving under a term prescribed under section 3394(c)(1) may be reassigned to another Senior Executive Service position in the same agency, the duties of which will expire at the end of a term of 4 years or less, except that the appointee may not serve in 1 or more positions in such agency under such appointment in excess of 4 years, unless an extension has been approved by the Office; and ``(2) a limited appointee serving under a term prescribed under section 3394(c)(2) may be reassigned to another continuing Senior Executive Service position in the same agency, except that the appointee may not serve in 1 or more positions in such agency under such appointment in excess of 12 months, unless an extension has been approved by the Office. ``(c) A limited appointee may not serve more than 7 consecutive years under any combination of limited appointments.''. SEC. 8. ANNUAL LEAVE ENHANCEMENTS. (a) In General.--Section 6303(a) of title 5, United States Code, is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding after paragraph (3) the following: ``(4) one day for each full biweekly pay period for an employee in a position paid under section 5376 or 5383, or for an employee in an equivalent category for which the minimum rate of basic pay is greater than the rate payable at GS-15, step 10.''. (b) Regulations.--Not later than 120 days after the date of enactment of this Act, the Office of Personnel Management shall prescribe regulations to carry out the amendments made by this subsection. SEC. 9. EFFECTIVE DATE. This Act shall take effect 90 days after the date of enactment of this Act.

Senior Executive Service Reform Act of 2003 - Establishes level II of the Executive Schedule as the maximum annual rate of pay, including comparability pay adjustments, for Senior Executive Service (SES) positions, including positions in the Federal Bureau of Investigation and the Drug Enforcement Administration.Requires establishment of a range of rates of basic pay for the SES, requiring each senior executive to be paid at one of such rates based on individual performance, contribution to the agency's performance, or both. Provides a minimum and maximum rates.Provides pay rate increases for administrative law judges, Contract Appeals Board members, and certain senior level positions by raising the Executive Schedule level on which their pay is based.Removes the authority for the appointment of limited emergency appointees. Sets duration limits for limited appointees, allowing the Office of Personnel Management to exceed such limits in rare circumstances. Outlines reemployment rights and reassignment and transfer authority for limited appointees.Provides one day of annual leave for each full biweekly pay period for positions classified above GS-15, senior executives, and any employee with a minimum rate of basic pay greater than the GS-15, step 10 rate.

A bill to provide for reform of the Senior Executive Service, adjustment in the rates of pay of certain positions, and for other purposes.

SECTION 1. MEDICARE TREATMENT FOR CERTAIN CANCER HOSPITALS. (a) In General.--Section 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)) is amended-- (1) by striking ``or'' at the end of clause (iv); (2) by striking the semicolon at the end of clause (v) and inserting ``, or''; and (3) by inserting after clause (v) the following new clause: ``(vi) a hospital that-- ``(I) is located in a State which ranks (according to the National Cancer Institute's statistics published in May 2005 for 2001 and 2002) first among all States in the incidence of prostate cancer, third in the incidence rate for non-Hodgkins lymphoma, fourth in the incidence rates for thyroid cancer and ovarian cancer, and third in the highest death rates from uterine cancer and breast cancer; ``(II) is located in a State that, as of December 31, 2005, had only one center under section 414 of the Public Health Service Act that has been designated by the National Cancer Institute as a comprehensive center currently serving all 21 counties in the most densely populated State in the nation, serving more than 70,000 patient visits annually; ``(III) as of December 31, 2005, served as the teaching and clinical care, research and training hospital for the Center described in subclause (II), providing significant financial and operational support to such Center; ``(IV) as of December 31, 2005, served as a core and essential element in such Center which conducts more than 130 clinical trial activities, national cooperative group studies, investigator-initiated and peer review studies and received during 2003 at least $80,000,000 in research grant awards; ``(V) as of December 31, 2005, can demonstrate that it has been a unique and an integral component of such Center since such Center's inception; ``(VI) as of December 31, 2005, includes dedicated patient care units organized primarily for the treatment of and research on cancer with approximately 125 beds, 75 percent of which are dedicated to cancer patients, and contains a radiation oncology department as well as specialized emergency services for oncology patients; ``(VII) as of December 31, 2003, is identified as the focus of the Center's inpatient activities in the Center's application as an NCI-designated comprehensive cancer center and shares the NCI comprehensive cancer designation with the Center; and ``(VIII) as of December 31, 2005, has been recognized with a certificate of approval by the American College of Surgeons Commission on Cancer;''. (b) Conforming Amendment.--Section 1886(d)(3)(E) of such Act (42 U.S.C. 1395ww(d)(3)(E)) is amended by striking ``clause (v)'' and inserting ``clauses (v) and (vi)''. (c) Payment.-- (1) Application to cost reporting periods.--Any classification by reason of section 1886(d)(1)(B)(vi) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(vi)) (as added by subsection (a)) shall apply to all cost reporting periods beginning on or after January 1, 2005. (2) Base target amount.--Notwithstanding section 1886(b)(3)(E) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(E), in the case of a hospital described in section 1886(d)(1)(B)(vi) of the Social Security Act, as added by subsection (a), such hospital shall be permitted to resubmit the 2005 Medicare 2552 cost report incorporating a cancer hospital sub-provider number, and apply the Medicare ratio-of- cost-to-charge settlement methodology for outpatient cancer services. In the case of such hospital the PPS cancer exemption under section 1886(b)(3)(E)(i) of such Act for the first cost reporting period beginning on or after January 1, 2005, shall be the allowable operating costs of inpatient hospital services (referred to in subclause (I) of such section) for such first cost reporting period. (3) Deadline for payments.--Any payments owed to a hospital as a result of this section for periods occurring before the date of the enactment of this Act shall be made expeditiously, but in no event later than 1 year after such date of enactment. (d) Maintenance of Exemption.--Once admitted as a PPS cancer-exempt hospital, a hospital described in section 1886(d)(1)(B)(vi) of the Social Security Act shall retain that status as long as the Center referred to in such section remains a comprehensive cancer center.

Amends title XVIII (Medicare) of the Social Security Act, with respect to inpatient hospital service payments to certain hospitals (subsection (d) hospitals) on the basis of prospective rates, to exclude certain cancer hospitals from the meaning of subsection (d) hospital.

To amend title XVIII of the Social Security Act to provide special treatment of certain cancer hospitals under the Medicare Program.

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 Alaska Native Settlement Trusts.--Section 501 of the Internal Revenue Code of 1986 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Special Rules for Taxation of Alaska Native Settlement Trusts.-- ``(1) In general.--For purposes of this title, the following rules shall apply in the case of a Settlement Trust: ``(A) Electing trust.--If an election under paragraph (2) is in effect for any taxable year-- ``(i) 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 made during such taxable year, and ``(ii) 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 for such taxable year. ``(B) 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 for such taxable year. ``(2) One-time 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 of the Settlement Trust ending after the date of the enactment of this subsection, 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 paragraph (3), an election under subparagraph (A)-- ``(i) shall apply to the 1st taxable year described in subparagraph (B)(i) and all subsequent taxable years, and ``(ii) may not be revoked once it is made. ``(3) Special rules where transfer restrictions modified.-- ``(A) Transfer of beneficial interests.--If, at any time, a beneficial interest in a Settlement Trust may be disposed of in a manner which would not be permitted by section 7(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(h)) if the interest were Settlement Common Stock-- ``(i) no election may be made under paragraph (2)(A) with respect to such trust, and ``(ii) if an election under paragraph (2)(A) is in effect as of such time-- ``(I) such election is revoked as of the 1st day of the taxable year following the taxable year in which such disposition is first permitted, and ``(II) there is hereby imposed on such trust a tax equal to the product of the fair market value of the assets held by the trust as of the close of the taxable year in which such disposition is first permitted and the highest rate of tax under section 1(e) for such taxable year. The tax imposed by clause (ii)(II) shall be in lieu of any other tax imposed by this chapter for the taxable year. ``(B) Stock in corporation.--If-- ``(i) the Settlement Common Stock in any Native Corporation which transferred assets to a Settlement Trust making an election under paragraph (2)(A) may be disposed of in a manner not permitted by section 7(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(h)), and ``(ii) at any time after such disposition of stock is first permitted, such corporation transfers assets to such trust, clause (ii) of subparagraph (A) shall be applied to such trust on and after the date of the transfer in the same manner as if the trust permitted dispositions of beneficial interests in the trust in a manner not permitted by such section 7(h). ``(C) Administrative provisions.--For purposes of subtitle F, any tax imposed by subparagraph (A)(ii)(II) shall be treated as an excise tax with respect to which the deficiency procedures of such subtitle apply. ``(4) 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 65-day 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. ``(5) 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) Nonelecting trusts.--Any distribution to a beneficiary from a Settlement Trust not described in subparagraph (A) shall be includible in income as provided under subchapter J. ``(6) Definitions.--For purposes of this subsection-- ``(A) Native corporation.--The term `Native Corporation' has the meaning given such term by section 3(m) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)). ``(B) Settlement trust.--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) Withholding on Distributions by Electing ANCSA Settlement Trusts.--Section 3402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(t) Tax Withholding on Distributions by Electing ANCSA Settlement Trusts.-- ``(1) In general.--Any Settlement Trust (as defined in section 501(p)(6)(B)) which is exempt from income tax under section 501(c)(28) (in this subsection referred to as an `electing trust') and which makes a payment to any beneficiary shall deduct and withhold from such payment a tax in an amount equal to such payment's proportionate share of the annualized tax. ``(2) Exception.--The tax imposed by paragraph (1) shall not apply to any payment to the extent that such payment, when annualized, does not exceed an amount equal to the amount in effect under section 6012(a)(1)(A)(i) for taxable years beginning in the calendar year in which the payment is made. ``(3) Annualized tax.--For purposes of paragraph (1), the term `annualized tax' means, with respect to any payment, the amount of tax which would be imposed by section 1(c) (determined without regard to any rate of tax in excess of 31 percent) on an amount of taxable income equal to the excess of-- ``(A) the annualized amount of such payment, over ``(B) the amount determined under paragraph (2). ``(4) Annualization.--For purposes of this subsection, amounts shall be annualized in the manner prescribed by the Secretary. ``(5) No application to third party payments.--This subsection shall not apply in the case of a payment made, pursuant to the written terms of the trust agreement governing an electing trust, directly to third parties to provide educational, funeral, or medical benefits. ``(6) Alternate withholding procedures.--At the election of an electing trust, the tax imposed by this subsection on any payment made by such trust shall be determined in accordance with such tables or computational procedures as may be specified in regulations prescribed by the Secretary (in lieu of in accordance with paragraphs (2) and (3)). ``(7) Coordination with other sections.--For purposes of this chapter and so much of subtitle F as relates to this chapter, payments which are subject to withholding under this subsection shall be treated as if they were wages paid by an employer to an employee.'' (d) Reporting.--Section 6041 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Application to Alaska Native Settlement Trusts.--In the case of any distribution from a Settlement Trust (as defined in section 501(p)(6)(B)) 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 which has been 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 to be included with the trust's tax return).'' (e) Effective Date.--The amendments made by this section shall apply to taxable years of Settlement Trusts ending after the date of the enactment of this Act and to contributions to such trusts after such date.

Amends the Internal Revenue Code with respect to the tax treatment of Settlement Trusts established under the Alaska Native Claims Settlement Act. Exempts from income taxation any such Settlement Trust electing coverage by this Act. Declares that for an electing trust: (1) no amount shall be includible in the gross income of a Settlement Trust beneficiary by reason of a contribution to the Settlement Trust during such taxable year; and (2) the ordinary requirements for taxation of trusts and beneficiaries shall not apply. Requires an electing trust to distribute at least 55 percent of its adjusted taxable income each taxable year. Imposes a tax on a trust, in the amount of the failure, if the distribution is insufficient. Includes in the beneficiary's gross income, as ordinary income, any distribution from an electing trust (only when the actual distribution is received). Provides that distributions from the trust will be taxable as ordinary income even if the distribution represents a return of capital. Requires tax withholding on trust distributions over a certain amount.

A bill 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. RECOURSE LOANS FOR PROCESSORS OF SUGARCANE AND SUGAR BEETS AND REDUCTION IN LOAN RATES. (a) Gradual Reduction in Loan Rates.-- (1) Sugarcane processor loans.--Section 156(a) of the Agricultural Market Transition Act (7 U.S.C. 7272(a)) is amended by striking ``equal to 18 cents per pound for raw cane sugar.'' and inserting the following: ``, per pound for raw cane sugar, equal to the following: ``(1) In the case of raw cane sugar processed from the 1996, 1997, or 1998 crop, $0.18. ``(2) In the case of raw cane sugar processed from the 1999 crop, $0.17. ``(3) In the case of raw cane sugar processed from the 2000 crop, $0.16. ``(4) In the case of raw cane sugar processed from the 2001 crop, $0.15. ``(5) In the case of raw cane sugar processed from the 2002 crop, $0.14.''. (2) Sugar beet processor loans.--Section 156(b) of the Agricultural Market Transition Act (7 U.S.C. 7272(b)) is amended by striking ``equal to 22.9 cents per pound for refined beet sugar.'' and inserting the following: ``, per pound of refined beet sugar, that reflects-- ``(1) an amount that bears the same relation to the loan rate in effect under subsection (a) for a crop as the weighted average of producer returns for sugar beets bears to the weighted average of producer returns for sugarcane, expressed on a cents per pound basis for refined beet sugar and raw cane sugar, for the most recent 5-year period for which data are available; and ``(2) an amount that covers sugar beet processor fixed marketing expenses.''. (b) Conversion to Recourse Loans.--Section 156(e) of the Agricultural Market Transition Act (7 U.S.C. 7272(e)) is amended-- (1) in paragraph (1), by inserting ``only'' after ``this section''; and (2) by striking paragraphs (2) and (3) and inserting the following: ``(2) National loan rates.--Recourse loans under this section shall be made available at all locations nationally at the rates specified in this section, without adjustment to provide regional differentials.''. (c) Conversion to Private Sector Financing.--Section 156 of the Agricultural Market Transition Act (7 U.S.C. 7272) is amended-- (1) by redesignating subsection (i) as subsection (j); (2) by inserting after subsection (h) the following: ``(i) Conversion to Private Sector Financing.--Notwithstanding any other provision of law-- ``(1) no processor of any of the 2003 or subsequent crops of sugarcane or sugar beets shall be eligible for a loan under this section with respect to the crops; and ``(2) the Secretary may not make price support available, whether in the form of loans, payments, purchases, or other operations, for any of the 2003 and subsequent crops of sugar beets and sugarcane by using the funds of the Commodity Credit Corporation or other funds available to the Secretary.''; and (3) in subsection (j) (as redesignated by paragraph (1)) by striking ``subsection (f)'' and inserting ``subsections (f) and (i)''. (d) Termination of Marketing Quotas and Allotments.-- (1) Termination.--Part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) is repealed. (2) Conforming amendment.--Section 344(f)(2) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(2)) is amended by striking ``sugar cane for sugar, sugar beets for sugar,''. (e) Other Conforming Amendments.-- (1) Price support for nonbasic agricultural commodities.-- (A) Designated nonbasic agricultural commodities.-- Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended by striking ``milk, sugar beets, and sugarcane'' and inserting ``, and milk''. (B) Other nonbasic agricultural commodities.-- Section 301 of the Agricultural Act of 1949 (7 U.S.C. 1447) is amended by inserting ``(other than sugarcane and sugar beets)'' after ``title II''. (2) Powers of commodity credit corporation.--Section 5(a) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c(a)) is amended by inserting ``(except for the 2003 and subsequent crops of sugarcane and sugar beets)'' after ``agricultural commodities''. (3) Section 32 activities.--Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), is amended in the second sentence of the first paragraph by inserting ``(other than sugarcane and sugar beets)'' after ``commodity'' the last place it appears. (f) Assurance of Adequate Supplies of Sugar.--Section 902 of the Food Security Act of 1985 (7 U.S.C. 1446g note; Public Law 99-198) is amended by striking subsection (a) and inserting the following: ``(a) In General.--Beginning with the quota year for sugar imports that begins after the 1998/1999 quota year, the President shall use all authorities available to the President as may be necessary to enable the Secretary of Agriculture to ensure that adequate supplies of raw cane sugar are made available to the United States market at prices that are not greater than the higher of-- ``(1) the world sugar price (adjusted to a delivered basis); or ``(2) the raw cane sugar loan rate in effect under section 156 of the Agricultural Market Transition Act (7 U.S.C. 7272), plus interest.''.

Amends the Agricultural Market Transition Act with respect to the sugar program to: (1) reduce sugarcane loan rates through crop year 2002; (2) revise the sugar beet loan rate; (3) eliminate nonrecourse loans; and (4) eliminate sugar price supports after crop year 2002. Amends the Agricultural Adjustment Act of 1938 to repeal sugar and crystalline fructose marketing quota and allotment provisions. Amends the Food Security Act of 1985, beginning after the 1998- 1999 quota year, to direct the President to use all available authority to ensure that U.S. market raw sugar shall be available at not more than the higher of the world sugar price or the U.S. loan rate.

A bill to amend the Agricultural Market Transition Act to convert the price support program for sugarcane and sugar beets into a system of solely recourse loans to provide for the gradual elimination of the program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Stamp Program Improvements Act of 1994''. TITLE I_REPORTING AND STAGGERED ISSUANCE FOR HOUSEHOLDS ON RESERVATIONS SEC. 101. BUDGETING AND MONTHLY REPORTING ON RESERVATIONS. (a) In General._Section 6(c)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2015(c)(1)) is amended_ (1) in subparagraph (A)_ (A) by striking clause (ii); and (B) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; and (2) by adding at the end the following new subparagraph: ``(C) A State agency may require periodic reporting on a monthly basis by households residing on a reservation only if_ ``(i) the State agency reinstates benefits, without requiring a new application, for any household residing on a reservation that submits a report not later than 1 month after the end of the month in which benefits would otherwise be provided; ``(ii) the State agency does not delay, reduce, suspend, or terminate the allotment of a household that submits a report not later than 1 month after the end of the month in which the report is due; ``(iii) on the date of enactment of this subparagraph, the State agency requires households residing on a reservation to file periodic reports on a monthly basis; and ``(iv) the certification period for households residing on a reservation that are required to file periodic reports on a monthly basis is 2 years, unless the State demonstrates just cause to the Secretary for a shorter certification period.''. (b) Conforming Amendments._ (1) The second sentence of section 3(c) of such Act (7 U.S.C. 2012(c)) is amended by striking ``For'' and inserting ``Except as provided in section 6(c)(1)(C), for''. (2) Section 5(f)(2)(C) of such Act (7 U.S.C. 2014(f)(2)(C)) is amended by striking ``clauses (i), (ii), (iii), and (iv)'' and inserting ``clauses (i), (ii), and (iii)''. SEC. 102. STAGGERED ISSUANCES ON RESERVATIONS. Section 7(h)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2016(h)(1)) is amended by striking the second sentence and inserting the following new sentence: ``Upon the request of the tribal organization that exercises governmental jurisdiction over the reservation, the State agency shall stagger the issuance of benefits for eligible households located on reservations for at least 15 days of a month.''. SEC. 103. GAO STUDY AND REPORT ON ADMINISTRATION OF FOOD STAMP PROGRAM BY TRIBAL ORGANIZATIONS. (a) Study._The Comptroller General of the United States shall conduct a study of the feasibility and desirability of_ (1) increasing the opportunity for a tribal organization of an Indian tribe to administer the food stamp program established under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) in connection with members of the tribe by_ (A) modifying the requirements established under sections 3(n)(2) and 11(d) of such Act (7 U.S.C. 2012(n)(2) and 2020(d)); (B) modifying or eliminating the cost-sharing requirements established for the tribal organization under section 16(a) of such Act (7 U.S.C. 2025); and (C) taking such other actions as the Comptroller General considers appropriate; and (2) permitting the tribal organization to establish reasonable and appropriate requirements with respect to issuance, reporting, and certification requirements under the food stamp program for members of the tribe. (b) Report._Not later than December 1, 1994, the Comptroller General shall report the results of the study required under subsection (a) to the Committee on Agriculture, and the Subcommittee on Native American Affairs of the Committee on Natural Resources, of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Indian Affairs, of the Senate, so that the results of the study may be considered by the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate during the reauthorization of the food stamp program during 1995. SEC. 104. CONFORMING AMENDMENTS. (a) Section 908 of the Food, Agriculture, Conservation, and Trade Act Amendments of 1991 (Public Law 102-237; 7 U.S.C. 2015 note) is repealed. (b) Section 6(c)(4) of the Food Stamp Act of 1977 (7 U.S.C. 2015(c)(4)) is amended by striking ``Any'' and inserting ``Except as provided in paragraph (1)(C), any''. TITLE II_ACCESS TO RETAIL FOOD STORES BY FOOD STAMP HOUSEHOLDS SEC. 201. FOOD STAMP ACT DEFINITIONS. Section 3 of the Food Stamp Act of 1977 (7 U.S.C. 2012) is amended_ (1) in subsection (k)_ (A) by striking ``means (1) an establishment'' and all that follows through ``spices, (2) an establishment'' and inserting the following: ``means_ ``(1) an establishment or house-to-house trade route that sells food for home preparation and consumption and_ ``(A) offers for sale, on a continuous basis, a variety of foods in each of the 4 categories of staple foods specified in subsection (u)(1), including perishable foods in at least 2 of the categories; or ``(B) has over 50 percent of the total sales of the establishment or route in staple foods, as determined by visual inspection, sales records, purchase records, counting of stockkeeping units, or other inventory or accounting recordkeeping methods that are customary or reasonable in the retail food industry; ``(2) an establishment''; (B) by striking ``section, (3) a store'' and inserting the following: ``section; ``(3) a store''; and (C) by striking ``section, and (4) any private'' and inserting the following: ``section; and ``(4) any private''; and (2) by adding at the end the following new subsection: ``(u)(1) Except as provided in paragraph (2), `staple foods' means foods (as defined in subsection (g)) in the following categories: ``(A) Meat, poultry, or fish. ``(B) Bread or cereals. ``(C) Vegetables or fruits. ``(D) Dairy products. ``(2) `Staple foods' do not include accessory food items, such as coffee, tea, cocoa, carbonated and uncarbonated drinks, candy, condiments, and spices.''. SEC. 202. PERIODIC NOTICE. Paragraph (2) of section 9(a) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)(2)) is amended to read as follows: ``(2) The Secretary shall issue regulations providing for_ ``(A) the periodic reauthorization of retail food stores and wholesale food concerns; and ``(B) periodic notice to participating retail food stores and wholesale food concerns of the definitions of `retail food store', `staple foods', `eligible foods', and `perishable foods'.''. SEC. 203. USE AND DISCLOSURE OF INFORMATION PROVIDED BY RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS. Section 9(c) of the Food Stamp Act of 1977 (7 U.S.C. 2018(c)) is amended_ (1) in the second sentence, by inserting after ``disclosed to and used by'' the following: ``Federal law enforcement and investigative agencies and law enforcement and investigative agencies of a State government for the purposes of administering or enforcing this Act or any other Federal or State law and the regulations issued under this Act or such law, and''; (2) by inserting after the second sentence the following new sentence: ``Any person who publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by Federal law (including a regulation) any information obtained under this subsection shall be fined not more than $1,000 or imprisoned not more than 1 year, or both.''; and (3) in the last sentence, by striking ``Such purposes shall not exclude'' and inserting the following: ``The regulations shall establish the criteria to be used by the Secretary to determine whether the information is needed. The regulations shall not prohibit''. SEC. 204. DEMONSTRATION PROJECTS TESTING ACTIVITIES DIRECTED AT TRAFFICKING IN COUPONS. Section 17 of the Food Stamp Act of 1977 (7 U.S.C. 2026) is amended by adding at the end the following new subsection: ``(l) The Secretary shall use up to $4,000,000 of the funds provided in advance in appropriations Acts for projects authorized by this section to conduct demonstration projects in which State or local food stamp agencies test innovative ideas for working with State or local law enforcement agencies to investigate and prosecute coupon trafficking.''. SEC. 205. CONTINUING ELIGIBILITY. An establishment or house-to-house trade route that is otherwise authorized to accept and redeem coupons under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) on the day before the date of enactment of this Act shall be considered to meet the definition of ``retail food store'' in section 3(k) of such Act (7 U.S.C. 2012(k)) (as amended by section 201) until the earlier of_ (1) the periodic reauthorization of the establishment or route; or (2) such time as the eligibility of the establishment or route for continued participation in the food stamp program is evaluated for any reason. SEC. 206. REPORT ON IMPACT ON RETAIL FOOD STORES. Not later than 18 months after the date of enactment of this Act, the Secretary of Agriculture shall prepare and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the impact of the amendments made by sections 201 and 202 on the involvement of retail food stores in the food stamp program established under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), including a description of_ (1) the numbers and types of stores that were newly authorized to participate in the food stamp program after implementation of the amendments; (2) the numbers and types of stores that were withdrawn from the food stamp program after implementation of the amendments; (3) the procedures used by the Secretary, and the adequacy of the procedures used, to determine the eligibility of stores to participate in the food stamp program and to authorize and reauthorize the stores to participate in the food stamp program; (4) the adequacy of the guidance provided by the Secretary to retail food stores concerning_ (A) the definitions of ``retail food store'', ``staple foods'', ``eligible foods'', and ``perishable foods'' for purposes of the food stamp program; and (B) eligibility criteria for stores to participate in the food stamp program; and (5) an assessment of whether the amendment to the definition of ``retail food store'' under section 3(k) of such Act (as amended by section 201(1)) has had an adverse effect on the integrity of the food stamp program. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Reporting and Staggered Issuance for Households on Reservations Title II: Access to Retail Food Stores by Food Stamp Households Food Stamp Program Improvements Act of 1994 - Title I: Reporting and Staggered Issuance for Households on Reservations - Amends the Food Stamp Act of 1977 to: (1) permit a State to require periodic reporting by migrant or seasonal farmworker households; and (2) set forth conditions under which a State may require such reporting for reservation households. Provides for staggered food stamp issuances on reservations. Requires a General Accounting Office study and report on tribal organization administration of the food stamp program. Title II: Access to Retail Food Stores by Food Stamp Households - Amends the Food Stamp Act of 1977 to: (1) redefine "retail food store"; and (2) define "staple foods." Expands the use and disclosure of information provided by retail and wholesale food concerns to include Federal and State law enforcement and investigative agencies. Requires demonstration projects to test innovative activities directed at coupon trafficking. Continues program eligibility for establishments or house-to-house trade routes currently authorized to accept food stamps. Requires a report on the impact of this Act on retail store program participation.

Food Stamp Program Improvements Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Red Snapper Regulatory Reform Act''. SEC. 2. REPEAL OF CATCH LIMITS REQUIREMENT FOR GULF OF MEXICO RED SNAPPER FISHERY. Subsection (d) of section 407 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1883) is repealed. SEC. 3. STATE JURISDICTION OVER FISHERIES IN THE GULF OF MEXICO. Section 306(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1856(b)) is amended by adding at the end the following: ``(3) Notwithstanding section 3(11) and subsection (a) of this section, for purposes of managing fisheries in the Gulf of Mexico, the seaward boundary of a coastal State in the Gulf of Mexico is a line 9 nautical miles seaward from the baseline from which the territorial sea of the United States is measured.''. SEC. 4. STOCK ASSESSMENTS USED FOR FISHERIES MANAGED UNDER GULF OF MEXICO COUNCIL'S REEF FISH MANAGEMENT PLAN. (a) In General.--Title IV of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1884) is amended by adding at the end the following: ``SEC. 409. STOCK ASSESSMENTS USED FOR FISHERIES MANAGED UNDER GULF OF MEXICO COUNCIL'S REEF FISH MANAGEMENT PLAN. ``(a) In General.--The Gulf States Marine Fisheries Commission shall conduct all fishery stock assessments used for management purposes by the Gulf of Mexico Fishery Management Council for the fisheries managed under the Council's Reef Fish Management Plan. ``(b) Use of Other Information and Assets.-- ``(1) In general.--Such fishery assessments shall-- ``(A) incorporate fisheries survey information collected by university researchers; and ``(B) to the extent practicable, use State, university, and private assets to conduct fisheries surveys. ``(2) Surveys at artificial reefs.--Any such fishery stock assessment conducted after the date of the enactment of the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act shall incorporate fishery surveys conducted, and other relevant fisheries information collected, on and around natural and artificial reefs. ``(c) Constituent and Stakeholder Participation.--Each such fishery assessment shall-- ``(1) emphasize constituent and stakeholder participation in the development of the assessment; ``(2) contain all of the raw data used in the assessment and a description of the methods used to collect that data; and ``(3) employ an assessment process that is transparent and includes-- ``(A) both dependent and independent data collection methods; ``(B) a rigorous and independent scientific review of the completed fishery stock assessment; and ``(C) a panel of independent experts to review the data and assessment and make recommendations on the most appropriate values of critical population and management quantities. ``(d) Funding.-- ``(1) In general.--The Secretary, subject to the availability of appropriations, shall provide to the Gulf of Mexico Marine Fisheries Commission appropriate funding for all necessary stock assessments concerning the Gulf of Mexico red snapper fishery. ``(2) No additional appropriations authorized.--This subsection shall not be construed to increase the amount that is authorized to be appropriated for any fiscal year.''. SEC. 5. DATA COLLECTION. Section 401(g)(3)(C) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881(g)(3)(G)) is amended by striking ``and'' after the semicolon at the end of clause (iv), by striking the period at the end of clause (v) and inserting ``; and'', and by adding at the end the following: ``(vi) in the case of each fishery in the Gulf of Mexico, taking into consideration all data collection activities related to fishery effort that are undertaken by the marine resources division of each relevant State of the Gulf of Mexico Fishery Management Council.''. SEC. 6. MEMBERSHIP OF GULF OF MEXICO FISHERY MANAGEMENT COUNCIL. Section 302 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852) is amended-- (1) in subsection (a)(1), by striking subparagraph (E) and inserting the following: ``(E) Gulf of mexico council.-- ``(i) The Gulf of Mexico Fishery Management Council shall consist of the States of Texas, Louisiana, Mississippi, Alabama, and Florida and shall have authority over the fisheries in the Gulf of Mexico seaward of such States (except as provided in paragraph (3)). The Gulf Council shall have 16 voting members, including-- ``(I) 2 members appointed by the Governor of each such State in accordance with the requirements that apply under subsection (b)(2) with respect to appointments by the Secretary; ``(II) the principal State official of each such State with marine fishery management responsibility and expertise in such State; ``(III) the regional director of the National Marine Fisheries Service for the Gulf of Mexico geographic area, or the regional director's designee; and ``(IV) 1 at-large member who shall be appointed, on a rotating basis, by the Governor of a State on the Council, except that no governor may make consecutive appointments under this subclause. ``(ii) Except as provided in clauses (iii), (iv), (v), and (vi), a governor shall make appointments under this subparagraph in accordance with the requirements that apply under subparagraph (C) of this paragraph, paragraphs (2) and (3) of this subsection, and subsection (b) with respect to appointments by the Secretary. ``(iii) The following provisions of subsection (b)(2) shall not apply with respect to appointments under this subparagraph: ``(I) The last sentence of subparagraph (A). ``(II) Subparagraphs (C) and (E), but a governor may not appoint an individual who would not be eligible to be included in a list submitted to the Secretary under those subparagraphs. ``(iv)(I) In making appointments under this subparagraph, each Governor must consider-- ``(aa) at least 1 nominee each from the commercial, recreational, and charter fishing sectors; and ``(bb) at least 1 other individual who is knowledgeable regarding the conservation and management of fisheries resources in the jurisdiction of the Gulf of Mexico Fishery Management Council. ``(II) For purposes of clause (i) an individual who owns or operates a fish farm outside of the United States shall not be considered to be a representative of the commercial or recreational fishing sector. ``(v) A governor shall notify the Secretary before making each appointment under this subparagraph. The Secretary shall publish notice of such appointment by not later than 45 days before the first day on which the appointee takes office as a member of the Council. ``(vi) Subsection (b)(3) shall be applied with respect to the Gulf of Mexico Fishery Management Council by substituting `a Governor in accordance with subsection (a)(1)(E)' for `the Secretary in accordance with paragraphs (2) and (5)'.''; and (2) in subsection (b)(2)-- (A) in subparagraph (B)(iii), by inserting ``(other than the Gulf of Mexico Fishery Management Council)'' after ``each Council''; and (B) in subparagraph (C), in the first sentence, by inserting ``(other than the Gulf of Mexico Fishery Management Council)'' after ``each Council''.

Red Snapper Regulatory Reform Act This bill amends the Magnuson-Stevens Fishery Conservation and Management Act to revise requirements on fishing and fisheries in the Gulf of Mexico. The bill repeals a requirement that red snapper fishery management plans, plan amendments, or regulation submitted by the Gulf of Mexico Fishery Management Council contain catch limits. State jurisdiction over fisheries in the Gulf of Mexico is expanded to nine nautical miles. The Gulf States Marine Fisheries Commission must conduct all fishery stock assessments for fisheries managed under the Council's Reef Fish Management Plan. Stock assessments must: (1) incorporate fisheries survey information collected by universities; (2) use state, university, and private assets to conduct surveys; (3) incorporate surveys conducted on natural and artificial reefs; and (4) emphasize constituent and stakeholder participation in the development of the assessment. The program created to improve the quality and accuracy of information generated by the Marine Recreational Fishery Statistics Survey must take into consideration all fishery effort data collection activities undertaken by the marine resources division of each relevant state of the Council. Members of the Council are no longer appointed by the National Oceanic and Atmospheric Administration.

Red Snapper Regulatory Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consistency, Accuracy, Responsibility, and Excellence in Medical Imaging and Radiation Therapy Act of 2012''. SEC. 2. PURPOSE. The purpose of this Act is to improve the quality and value of health care by increasing the safety and accuracy of medical imaging examinations and radiation therapy procedures, thereby reducing duplication of services and decreasing costs. SEC. 3. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY. Part F of title III of the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by adding at the end the following: ``Subpart 4--Medical Imaging and Radiation Therapy ``SEC. 355. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY. ``(a) Qualified Personnel.-- ``(1) In general.--Effective 42 months after the date of enactment of this section, personnel who perform or plan the technical component of either medical imaging examinations or radiation therapy procedures for medical purposes shall be fully qualified under this section to perform or plan such services. ``(2) Qualifications.--Individuals qualified to perform or plan the technical component of medical imaging examinations or radiation therapy procedures shall-- ``(A) possess current certification in the medical imaging or radiation therapy modality or service they plan or perform from a certification organization designated under subsection (b); and ``(B) if a State requires the possession of licensure, certification, or registration, possess current State licensure or certifications where such services and modalities are within the scope of practice as defined by the State for such profession. ``(3) State licensure, certification, or registration.-- ``(A) In general.--Nothing in this section shall be construed to diminish the authority of a State to define requirements for licensure, certification, or registration, the requirements for practice, or the scope of practice of personnel. ``(B) Limitation.--The Secretary shall not take any action under this section that would require licensure by a State of personnel who perform or plan the technical component of medical imaging examinations or radiation therapy procedures. ``(4) Exemptions.-- ``(A) In general.--The qualification standards described in this subsection and the payment provisions in section 1848(b)(4)(E) of the Social Security Act shall not apply to physicians (as defined in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r))) or to nurse practitioners and physician assistants (each as defined in section 1861(aa)(5) of the Social Security Act (42 U.S.C. 1395x(aa)(5))). Such practitioners shall not be included under the terms `personnel' or `qualified personnel' for purposes of this section. ``(B) Individuals currently enrolled.--Individuals currently enrolled in a nuclear medicine, radiation therapy, or medical physicist training or certification program as of the date the Secretary publishes the list of approved certification organizations shall have 6 months from the date of completion of the training program to become fully qualified as required under subsection (a). ``(b) Designation of Certification Organizations.-- ``(1) In general.--The Secretary shall establish a program for designating medical imaging or radiation therapy certification organizations that the Secretary determines have established appropriate procedures and programs for certifying personnel as qualified to furnish medical imaging or radiation therapy services. In establishing such program, the Secretary shall consult with professional organizations and recognized experts in the technical component of medical imaging and radiation therapy services. ``(2) Factors.-- ``(A) In general.--When designating certification organizations under this subsection, and when reviewing or modifying the list of designated organizations for the purposes of paragraph (4)(B), the Secretary-- ``(i) shall consider-- ``(I) whether the certification organization has established a process for the timely integration of new medical imaging or radiation therapy services into the organization's certification program; ``(II) whether the certification organization has established education and continuing education requirements for individuals certified by the organization; ``(III) whether the certification organization is a nonprofit organization; ``(IV) whether the certification organization requires completion of a certification examination as a prerequisite for certification; and ``(V) whether the certification organization has been accredited by an accrediting body (as defined in subparagraph (B)) that is approved by the Secretary; and ``(ii) may consider-- ``(I) whether the certification organization has established reasonable fees to be charged to those applying for certification; and ``(II) the ability of the certification organization to review applications for certification in a timely manner. ``(B) Accrediting body.--For purposes of this section, the term `accrediting body' means and organization that-- ``(i) is a nonprofit organization; ``(ii) is a national or international organization with accreditation programs for examinations leading to certification by certification organizations; and ``(iii) has established standards for recordkeeping and to minimize the possibility of conflicts of interest. ``(3) Equivalent education, training, and experience.-- ``(A) In general.--For purposes of this section, the Secretary shall, through regulation, provide a process for individuals whose training or experience are determined to be equal to, or in excess of, those of a graduate of an accredited educational program in that specialty to demonstrate their experience meets the educational standards for qualified personnel in their imaging modality or radiation therapy procedures. Such process may include documentation of items such as-- ``(i) years and type of experience; ``(ii) a list of settings where experience was obtained; and ``(iii) verification of experience by supervising physicians or clinically qualified hospital personnel. ``(B) Eligibility.--The Secretary shall not recognize any individual as having met the educational standards applicable under this paragraph based on experience pursuant to the authority of subparagraph (A) unless such individual was performing or planning the technical component of medical imaging examinations or radiation therapy treatments prior to the date of enactment of this section. ``(4) Process.-- ``(A) Regulations.--Not later than 12 months after the date of enactment of this section, the Secretary shall promulgate regulations for designating certification organizations pursuant to this subsection. ``(B) Designations and list.--Not later than 18 months after the date of enactment of this section, the Secretary shall make determinations regarding all certification organizations that have applied for designation pursuant to the regulations promulgated under subparagraph (A), and shall publish a list of all certification organizations that have received a designation. ``(C) Periodic review and revision.--The Secretary shall periodically review the list under subparagraph (B), taking into account the factors established under paragraph (2). After such review, the Secretary may, by regulation, modify the list of certification organizations that have received such designation. ``(D) Withdrawal of approval.--The Secretary may withdraw the approval of a certification organization listed under subparagraph (B) if the Secretary determines that the body no longer meets the requirements of subsection (b). ``(E) Certifications prior to removal from list.-- If the Secretary removes a certification organization from the list of certification organizations designated under subparagraph (B), any individual who was certified by the certification organization during or before the period beginning on the date on which the certification organization was designated as a certification organization under such subparagraph, and ending 12 months from the date on which the certification organization is removed from such list, shall be considered to have been certified by a certification organization designated by the Secretary under such subparagraph for the remaining period that such certification is in effect. ``(c) Alternative Standards for Rural and Underserved Areas.--The chief executive officer of a State may submit to the Secretary a statement declaring that the requirements described in subsection (a) are inappropriate for application for medical imaging examinations or radiation therapy procedures that are performed and planned in a geographic area that is determined by the Medicare Geographic Classification Review Board to be a `rural area' or that is designated as a health professional shortage area. Upon receipt of such statement, if the Secretary deems it appropriate, the Secretary may waive the standards described in subsection (a) or develop alternative standards for such rural areas or health professional shortage areas. ``(d) Rule of Construction.--Notwithstanding any other provision of this section, individuals who provide medical imaging examinations relating to mammograms shall continue to meet the regulations applicable under the Mammography Quality Standards Act of 1992. ``(e) Definition.--As used in this section: ``(1) Medical imaging.--The term `medical imaging' means any examination or procedure used to visualize tissues, organs, or physiologic processes in humans for the purpose of detecting, diagnosing, treating, or impacting the progression of disease or illness. For purposes of this section, such term does not include routine dental or ophthalmologic diagnostic procedures or ultrasound guidance of vascular access procedures. ``(2) Perform.--The term `perform', with respect to medical imaging or radiation therapy, means-- ``(A) the act of directly exposing a patient to radiation, including ionizing or radio frequency radiation, to ultrasound, or to a magnetic field for purposes of medical imaging or for purposes of radiation therapy; and ``(B) the act of positioning a patient to receive such an exposure. ``(3) Plan.--The term `plan', with respect to medical imaging or radiation therapy, means the act of preparing for the performance of such a procedure on a patient by evaluating site-specific information, based on measurement and verification of radiation dose distribution, computer analysis, or direct measurement of dose, in order to customize the procedure for the patient. ``(4) Radiation therapy.--The term `radiation therapy' means any procedure or article intended for use in the cure, mitigation, treatment, or prevention of disease in humans that achieves its intended purpose through the emission of ionizing or non-ionizing radiation.''. SEC. 4. STANDARDS FOR MEDICAL IMAGING AND RADIATION THERAPY. Section 1848(b)(4) of the Social Security Act (42 U.S.C. 1395w- 4(b)(4)) is amended by adding at the end the following new subparagraph: ``(E) Standards for medical imaging and radiation therapy.--With respect to expenses incurred for the planning and performing of the technical component of medical imaging examinations or radiation therapy procedures (as defined in subsection (f) of section 355 of the Public Health Service Act) furnished on or after 42 months after date of enactment of the Consistency, Accuracy, Responsibility, and Excellence in Medical Imaging and Radiation Therapy Act of 2012, payment shall be made under this section only if the examination or procedure is planned or performed by an individual who meets the standards established by the Secretary under such section 355.''. SEC. 5. REPORT ON THE EFFECTS OF THIS ACT. (a) In General.--Not later than 5 years after the date of enactment of this Act, the Secretary of Health and Human Services, shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Finance of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a report on the effects of this Act. (b) Requirements.--The report under subsection (a) shall include the types and numbers of individuals qualified to perform or plan the technical component of medical imaging or radiation therapy services for whom standards have been developed, the impact of such standards on diagnostic accuracy and patient safety, and the availability and cost of services. Entities reimbursed for technical services through programs operating under the authority of the Secretary of Health and Human Services shall be required to contribute data to such report.

Consistency, Accuracy, Responsibility, and Excellence in Medical Imaging and Radiation Therapy Act of 2012 - Amends the Public Health Service Act to require personnel who perform or plan the technical component of either medical imaging examinations or radiation therapy procedures for medical purposes to possess, effective 42 months after enactment of this Act: (1) certification in each medical imaging or radiation therapy modality and service they plan or perform from a certification organization designated under this Act; and (2) state licensure or certification where such services and modalities are within the scope of practice as defined by the state for such profession, if the state requires licensure, certification, or registration. Exempts physicians, nurse practitioners, and physician assistants from the requirements of this Act. Gives individuals who are enrolled in specified training or certification programs when the Secretary of Health and Human Services (HHS) publishes the list of approved certification organizations an additional six months from the date of completion of the training program to become fully qualified under this Act. Directs the Secretary to: (1) establish a program for designating certification organizations after consideration of specified criteria; (2) provide a process for individuals whose training or experience is determined to be equal to, or in excess of, that of a graduate of an accredited educational program in that specialty to demonstrate that their experience meets the educational standards for qualified personnel in their imaging modality or radiation therapy procedures; and (3) publish a list of designated certification organizations. Authorizes the Secretary to waive standards under this Act or to develop alternative standards for rural or health professional shortage areas as appropriate. Amends title XVIII (Medicare) of the Social Security Act to allow Medicare payment for medical imaging and radiation therapy services furnished on or after 42 months after enactment of this Act, only if the examination or procedure is planned or performed by an individual who meets this Act's requirements.

A bill to amend the Public Health Service Act and title XVIII of the Social Security Act to make the provision of technical services for medical imaging examinations and radiation therapy treatments safer, more accurate, and less costly.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Housing Discrimination Against Servicemembers and Veterans Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) Servicemembers and veterans have given the United States the ultimate commitment to preserve freedom and national security. (2) Those who are serving or have served in the Armed Forces deserve the maximum protection possible from discrimination based upon their military service. (3) Veterans have historically suffered from homelessness at a higher rate than the general population and ending this disgrace should be a national priority. (4) Those who are wearing or have worn the uniform of the United States should be entitled to Federal protection from housing discrimination. SEC. 3. ENDING HOUSING DISCRIMINATION AGAINST SERVICEMEMBERS AND VETERANS. (a) Definitions.--Section 802 of the Fair Housing Act (42 U.S.C. 3602) is amended by adding at the end the following: ``(p) `Servicemember or veteran' means an individual who serves or served in the Armed Forces, including in the National Guard or the Reserves (or in the National Guard in State status under title 32, United States Code), except that such term does not include an individual who was discharged or released from service under dishonorable conditions.''. (b) Discrimination in the Sale or Rental of Housing and Other Prohibited Practices.--Section 804 of the Fair Housing Act (42 U.S.C. 3604) is amended-- (1) in subsection (a), by inserting ``or because the person is a servicemember or veteran'' after ``national origin''; (2) in subsection (b), by inserting ``or because the person is a servicemember or veteran'' after ``national origin''; (3) in subsection (c), by inserting ``or because a person is a servicemember or veteran,'' after ``national origin,''; and (4) in subsection (d), by inserting ``, or because the person is a servicemember or veteran,'' after ``national origin''. (c) Discrimination in Residential Real Estate-Related Transactions.--Section 805 of the Fair Housing Act (42 U.S.C. 3605) is amended-- (1) in subsection (a), by inserting ``or because the person is a servicemember or veteran'' after ``national origin''; and (2) in subsection (c), by striking ``, or familial status'' and inserting ``familial status, or whether a person is a servicemember or veteran''. (d) Discrimination in the Provision of Brokerage Services.--Section 806 of the Fair Housing Act (42 U.S.C. 3606) is amended by inserting ``or because a person is a servicemember or veteran'' after ``national origin''. (e) Religious Organization or Private Club Exemption.--Section 807(a) of the Fair Housing Act (42 U.S.C. 3607(a)) is amended, in the first sentence by inserting ``or to persons who are not servicemembers or veterans'' after ``national origin''. (f) Administration.--Section 808(e)(6) of the Fair Housing Act (42 U.S.C. 3608(e)(6)) is amended, in the first sentence, by inserting ``(including whether such persons and households are or include servicemembers or veterans)'' after ``persons and households''. (g) Prevention of Discrimination.--Section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended-- (1) in subsection (a), by inserting ``, or because the person is a servicemember or veteran (as such term is defined in section 802 of this Act),'' after ``national origin''; (2) in subsection (b)(1), by inserting ``or because a person is a servicemember or veteran (as such term is defined in section 802 of this Act),'' after ``national origin,''; and (3) in subsection (c), by inserting ``or because a person is a servicemember or veteran (as such term is defined in section 802 of this Act),'' after ``national origin,''. (h) Rule of Construction.--The Fair Housing Act (42 U.S.C. 3601 et seq.) is amended by adding at the end the following: ``SEC. 821. RULE OF CONSTRUCTION RELATING TO THE TREATMENT OF SERVICEMEMBERS AND VETERANS. ``(a) Rule of Construction.--Nothing in this Act may be construed to prohibit any person from-- ``(1) making available to an individual a benefit with respect to a dwelling, a residential real estate-related transaction (as defined in section 805 of this Act), or a service described in section 806 of this Act because the individual is a servicemember or veteran; or ``(2) selling or renting a dwelling only to servicemembers or veterans. ``(b) Definition.--For purposes of this section, the term `benefit' includes a term, condition, privilege, promotion, discount, or other favorable treatment (including an advertisement for such treatment) having the purpose or effect of providing an advantage to a servicemember or veteran.''.

Ending Housing Discrimination Against Servicemembers and Veterans Act of 2012 - Amends the Fair Housing Act to prohibit housing discrimination against servicemembers or veterans with respect to: (1) the sale or rental of housing, (2) residential real estate-related transactions, and (3) the provision of brokerage services. Prohibits religious organizations engaging in housing transactions from giving preferences to persons of the same religion in cases where membership in such religion is restricted to persons who are not members of the uniformed services. Amends the Civil Rights Act of 1968 to impose a fine, imprisonment, or both on persons who violate prohibitions on housing discrimination under such Act against members of the uniformed services.

A bill to amend the Fair Housing Act to protect servicemembers and veterans from housing discrimination, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Child Left Behind Fairness Act of 2004''. SEC. 2. REVIEW OF ADEQUATE YEARLY PROGRESS DETERMINATIONS FOR SCHOOLS FOR THE 2002-2003 SCHOOL YEAR. (a) In General.--The Secretary shall require each local educational agency to provide each school served by the agency with an opportunity to request a review of a determination by the agency that the school did not make adequate yearly progress for the 2002-2003 school year. (b) Final Determination.--Not later than 30 days after receipt of a request by a school for a review under this section, a local educational agency shall issue and make publicly available a final determination on whether the school made adequate yearly progress for the 2002-2003 school year. (c) Evidence.--In conducting a review under this section, a local educational agency shall-- (1) allow the principal of the school involved to submit evidence on whether the school made adequate yearly progress for the 2002-2003 school year; and (2) consider that evidence before making a final determination under subsection (b). (d) Standard of Review.--In conducting a review under this section, a local educational agency shall revise, consistent with the applicable State plan under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311), the local educational agency's original determination that a school did not make adequate yearly progress for the 2002-2003 school year if the agency finds that the school made such progress taking into consideration-- (1) the amendments made to part 200 of title 34 of the Code of Federal Regulations on December 9, 2003 (68 Fed. Reg. 68698) (relating to accountability for the academic achievement of students with the most significant cognitive disabilities); or (2) any regulation or guidance that, subsequent to the date of such original determination, was issued by the Secretary relating to-- (A) the assessment of limited English proficient children; (B) the inclusion of limited English proficient children as part of the subgroup described in section 1111(b)(2)(C)(v)(II)(dd) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)(dd)) after such children have obtained English proficiency; or (C) any requirement under section 1111(b)(2)(I)(ii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(I)(ii)). (e) Effect of Revised Determination.-- (1) In general.--If pursuant to a review under this section a local educational agency determines that a school made adequate yearly progress for the 2002-2003 school year, upon such determination-- (A) any action by the Secretary, the State educational agency, or the local educational agency that was taken because of a prior determination that the school did not make such progress shall be terminated; and (B) any obligations or actions required of the local educational agency or the school because of the prior determination shall cease to be required. (2) Exceptions.--Notwithstanding paragraph (1), a determination under this section shall not affect any obligation or action required of a local educational agency or school under the following: (A) Section 1116(b)(13) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(13)) (requiring a local educational agency to continue to permit a child who transferred to another school under such section to remain in that school until completion of the highest grade in the school). (B) Section 1116(e)(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(e)(8)) (requiring a local educational agency to continue to provide supplemental educational services under such section until the end of the school year). (3) Subsequent determinations.--In determining whether a school is subject to school improvement, corrective action, or restructuring as a result of not making adequate yearly progress, the Secretary, a State educational agency, or a local educational agency may not take into account a determination that the school did not make adequate yearly progress for the 2002-2003 school year if such determination was revised under this section and the school received a final determination of having made adequate yearly progress for the 2002-2003 school year. (f) Notification.--The Secretary-- (1) shall require each State educational agency to notify each school served by the agency of the school's ability to request a review under this section; and (2) not later than 30 days after the date of the enactment of this section, shall notify the public by means of the Department of Education's website of the review process established under this section. SEC. 3. REVIEW OF ADEQUATE YEARLY PROGRESS DETERMINATIONS FOR LOCAL EDUCATIONAL AGENCIES FOR THE 2002-2003 SCHOOL YEAR. (a) In General.--The Secretary shall require each State educational agency to provide each local educational agency in the State with an opportunity to request a review of a determination by the State educational agency that the local educational agency did not make adequate yearly progress for the 2002-2003 school year. (b) Application of Certain Provisions.--Except as inconsistent with, or inapplicable to, this section, the provisions of section 2 shall apply to review by a State educational agency of a determination described in subsection (a) in the same manner and to the same extent as such provisions apply to review by a local educational agency of a determination described in section 2(a). SEC. 4. DEFINITIONS. In this Act: (1) The term ``adequate yearly progress'' has the meaning given to that term in section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)). (2) The term ``local educational agency'' means a local educational agency (as that term is defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) receiving funds under part A of title I of such Act (20 U.S.C. 6311 et seq.). (3) The term ``Secretary'' means the Secretary of Education. (4) The term ``school'' means an elementary school or a secondary school (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) served under part A of title I of such Act (20 U.S.C. 6311 et seq.). (5) The term ``State educational agency'' means a State educational agency (as that term is defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) receiving funds under part A of title I of such Act (20 U.S.C. 6311 et seq.).

No Child Left Behind Fairness Act of 2004 - Directs the Secretary of Education to require local educational agencies (LEAs) and State educational agencies (SEAs) to give schools and LEAs, respectively, an opportunity to request a review of a determination that they did not make adequate yearly progress (AYP) for the 2002-2003 school year. Sets forth standards for such reviews, providing for consideration of subsequent regulations and guidance applicable to AYP determinations under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001. Prohibits the Secretary, an SEA, or an LEA, with respect to subsequent determinations of whether a school is subject to school improvement, corrective action, or restructuring as a result of not making AYP, from taking into account a 2002-2003 non-AYP determination that was revised under this Act if the school received a final determination of AYP for such school year.

A bill to provide for review of determinations on whether schools and local educational agencies made adequate yearly progress for the 2002-2003 school year taking into consideration subsequent regulations and guidance applicable to those determinations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Haitian Educational Empowerment Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Haiti is the poorest country in the Western Hemisphere. (2) Eighty percent of the population lives below the poverty line and approximately 45 percent of the population is illiterate. (3) On January 12, 2010, a 7.0 magnitude earthquake struck the country of Haiti. (4) The earthquake caused massive devastation across Haiti, destroying government buildings, hospitals, schools, and vital aid offices including the headquarters of the United Nations mission to Haiti. (5) An estimated 3,000,000 people have been directly affected by the earthquake in Haiti, nearly one-third of the country's population, and many are currently at risk of long- term displacement and vulnerability. (6) Many universities suffered significant structural damage, including the State University of Haiti, the nation's main public university, which had 80 percent of its buildings destroyed. (7) The earthquake claimed the lives of many students and several prominent academics. (8) Before the earthquake, at least 85 percent of Haitians with a university degree left the island. (9) A more highly educated population is vital to Haiti's long-term development. SEC. 3. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR CERTAIN HAITIAN STUDENTS. (a) In General.--From the amounts appropriated to carry out this section, the Secretary of State, acting through the Assistant Secretary of State for Educational and Cultural Affairs, shall establish a scholarship program for Haitian students whose studies were interrupted as a result of the January 12, 2010, earthquake. (b) Eligibility.--To be eligible to receive a scholarship under this section, a Haitian undergraduate or graduate student shall-- (1) have been enrolled as a full-time student in a Haitian university at the time of the January 12, 2010, earthquake; and (2) submit to the Assistant Secretary of State for Educational and Cultural Affairs an application at such time, in such manner, and containing such information as the Assistant Secretary may require. (c) Duration.--A scholarship under this section shall be awarded to a Haitian student for 1 academic year and may be renewed in accordance with subsection (d). (d) Renewal.-- (1) In general.--A scholarship awarded under this section may be renewed for an additional academic year upon demonstration to the Secretary of State of satisfactory academic achievement in the prior academic year. (2) Maximum renewals.--A scholarship awarded under this section may not be renewed for more than 6 academic years. (e) Preference.--Preference in the awarding of scholarships shall be given to the following categories of Haitian students: (1) Haitian students who are studying subjects of importance to Haiti's long-term social, economic, or political development. (2) Haitian students who were enrolled in programs that were forced to cease operations as a result of the January 12, 2010, earthquake. (f) Return.--Upon completion of an undergraduate or graduate degree at an institution of higher education, a Haitian student who has received a scholarship under this section shall return to Haiti. (g) Scholarship Defined.--In this section, the term ``scholarship'' means an amount awarded to a Haitian student under this section that shall only be used to pay costs related to the tuition and fees at the institution of higher education in which the student is enrolled as a full-time student. (h) Scholarship Amount.--A scholarship awarded to a Haitian student under this section may not exceed an amount equal to the total costs related to the tuition and fees for 1 academic year at an institution of higher education in which the student is enrolled as a full-time student. SEC. 4. GRANTS TO UNITED STATES COLLEGES AND UNIVERSITIES. The Secretary of State, acting through the Assistant Secretary of State for Educational and Cultural Affairs, may make grants to institutions of higher education that have enrolled a significant number of Haitian students who have been enrolled as full-time students in a Haitian university at the time of the January 12, 2010, earthquake. Such grants shall be used to provide social and educational support services to such students. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Fees.--The term ``fees'' means-- (A) fees normally assessed a full-time student, as determined by an institution of higher education, including-- (i) costs for the rental or purchase of any equipment, materials, or supplies required of all students in the same course of study; and (ii) an allowance for room and board at the institution; and (B) travel expenses to the institution from Haiti and, upon the completion of a degree at such institution, from the institution to Haiti. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

Haitian Educational Empowerment Act of 2010 - Directs the Secretary of State, through the Assistant Secretary of State for Educational and Cultural Affairs, to establish a scholarship program for qualifying Haitian undergraduate or graduate students whose studies were interrupted as a result of the January 12, 2010, earthquake.

To establish a scholarship program in the Department of State for Haitian students whose studies were interrupted as a result of the January 12, 2010, earthquake, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drinking Water Protection Act''. SEC. 2. AMENDMENT TO THE SAFE DRINKING WATER ACT. (a) Amendment.--Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following new section: ``SEC. 1459. ALGAL TOXIN RISK ASSESSMENT AND MANAGEMENT. ``(a) Strategic Plan.-- ``(1) Development.--Not later than 90 days after the date of enactment of this section, the Administrator shall develop and submit to Congress a strategic plan for assessing and managing risks associated with algal toxins in drinking water provided by public water systems. The strategic plan shall include steps and timelines to-- ``(A) evaluate the risk to human health from drinking water provided by public water systems contaminated with algal toxins; ``(B) establish, publish, and update a comprehensive list of algal toxins which the Administrator determines may have an adverse effect on human health when present in drinking water provided by public water systems, taking into account likely exposure levels; ``(C) summarize-- ``(i) the known adverse human health effects of algal toxins included on the list published under subparagraph (B) when present in drinking water provided by public water systems; and ``(ii) factors that cause toxin-producing cyanobacteria and algae to proliferate and express toxins; ``(D) with respect to algal toxins included on the list published under subparagraph (B), determine whether to-- ``(i) publish health advisories pursuant to section 1412(b)(1)(F) for such algal toxins in drinking water provided by public water systems; ``(ii) establish guidance regarding feasible analytical methods to quantify the presence of algal toxins; and ``(iii) establish guidance regarding the frequency of monitoring necessary to determine if such algal toxins are present in drinking water provided by public water systems; ``(E) recommend feasible treatment options, including procedures, equipment, and source water protection practices, to mitigate any adverse public health effects of algal toxins included on the list published under subparagraph (B); and ``(F) enter into cooperative agreements with, and provide technical assistance to, affected States and public water systems, as identified by the Administrator, for the purpose of managing risks associated with algal toxins included on the list published under subparagraph (B). ``(2) Updates.--The Administrator shall, as appropriate, update and submit to Congress the strategic plan developed under paragraph (1). ``(b) Information Coordination.--In carrying out this section the Administrator shall-- ``(1) identify gaps in the Agency's understanding of algal toxins, including-- ``(A) the human health effects of algal toxins included on the list published under subsection (a)(1)(B); and ``(B) methods and means of testing and monitoring for the presence of harmful algal toxins in source water of, or drinking water provided by, public water systems; ``(2) as appropriate, consult with-- ``(A) other Federal agencies that-- ``(i) examine or analyze cyanobacteria or algal toxins; or ``(ii) address public health concerns related to harmful algal blooms; ``(B) States; ``(C) operators of public water systems; ``(D) multinational agencies; ``(E) foreign governments; ``(F) research and academic institutions; and ``(G) companies that provide relevant drinking water treatment options; and ``(3) assemble and publish information from each Federal agency that has-- ``(A) examined or analyzed cyanobacteria or algal toxins; or ``(B) addressed public health concerns related to harmful algal blooms. ``(c) Use of Science.--The Administrator shall carry out this section in accordance with the requirements described in section 1412(b)(3)(A), as applicable. ``(d) Feasible.--For purposes of this section, the term `feasible' has the meaning given such term in section 1412(b)(4)(D).''. (b) Report to Congress.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to Congress a report that includes-- (1) an inventory of funds-- (A) expended by the United States, for each of fiscal years 2010 through 2014, to examine or analyze toxin-producing cyanobacteria and algae or address public health concerns related to harmful algal blooms; and (B) that includes the specific purpose for which the funds were made available, the law under which the funds were authorized, and the Federal agency that received or spent the funds; and (2) recommended steps to reduce any duplication, and improve interagency coordination, of such expenditures. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the House on February 24, 2015. Drinking Water Protection Act (Sec. 2) This bill amends the Safe Drinking Water Act to direct the Environmental Protection Agency (EPA) to develop and submit to Congress a strategic plan for assessing and managing risks associated with algal toxins in drinking water provided by public water systems. Cyanobacteria, also known as blue-green algae, have the ability to produce cyanotoxins, or algal toxins. When certain conditions are favorable, algae can rapidly multiply causing blooms, or dense surface scums, that may be toxic. The plan must include steps and time lines to: evaluate the risk to human health from drinking water contaminated with algal toxins; establish, publish, and update a comprehensive list of algal toxins that may have an adverse effect on human health, taking into account likely exposure levels; summarize the known adverse human health effects of algal toxins and the factors that cause toxin-producing cyanobacteria and algae to grow rapidly and make toxins; determine whether to publish health advisories for algal toxins and establish guidance regarding feasible analytical methods to quantify the presence of algal toxins and guidance regarding the frequency of monitoring necessary to determine if the algal toxins are present; recommend feasible treatment options, including procedures, equipment, and source water protection practices; and enter into cooperative agreements with, and provide technical assistance to, affected states and public water systems to manage risks associated with algal toxins. The EPA must update and resubmit the plan as appropriate. The EPA must identify gaps in its understanding of algal toxins. It must also assemble and publish information from each agency that has examined or analyzed cyanobacteria or algal toxins or addressed public health concerns related to harmful algal blooms. The Government Accountability Office must submit to Congress an inventory of funds expended by the United States for each of FY2010 through 2014 to examine or analyze toxin-producing cyanobacteria and algae or address public health concerns related to harmful algal blooms. The inventory must include the specific purpose for which the funds were made available, the law under which the funds were authorized, and the agency that received or spent the funds.

To amend the Safe Drinking Water Act to provide for the assessment and management of the risk of algal toxins in drinking water, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guardsmen and Reservist Employer Tax Act of 2003''. SEC. 2. CREDIT FOR EMPLOYMENT OF RESERVE COMPONENT PERSONNEL. (a) In General.--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. RESERVE COMPONENT EMPLOYMENT CREDIT. ``(a) General Rule.--For purposes of section 38, the reserve component employment credit determined under this section is an amount equal to the sum of-- ``(1) the employment credit with respect to all qualified employees of the taxpayer, plus ``(2) the self-employment credit of a qualified self- employed taxpayer. ``(b) Employment Credit.--For purposes of this section-- ``(1) In general.--The employment credit with respect to a qualified employee of the taxpayer for any taxable year is equal to the excess, if any, of-- ``(A) the qualified employee's average daily qualified compensation for the taxable year, over ``(B) the average daily military pay and allowances received by the qualified employee during the taxable year, while participating in qualified reserve component duty to the exclusion of the qualified employee's normal employment duties for the number of days the qualified employee participates in qualified reserve component duty during the taxable year, including time spent in a travel status. The employment credit, with respect to all qualified employees, is equal to the sum of the employment credits for each qualified employee under this subsection. ``(2) Average daily qualified compensation and average daily military pay and allowances.--As used with respect to a qualified employee-- ``(A) the term `average daily qualified compensation' means the qualified compensation of the qualified employee for the taxable year divided by the difference between-- ``(i) 365, and ``(ii) the number of days the qualified employee participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and ``(B) the term `average daily military pay and allowances' means-- ``(i) the amount paid to the qualified employee during the taxable year as military pay and allowances on account of the qualified employee's participation in qualified reserve component duty, divided by ``(ii) the total number of days the qualified employee participates in qualified reserve component duty, including time spent in travel status. ``(3) Qualified compensation.--When used with respect to the compensation paid or that would have been paid to a qualified employee for any period during which the qualified employee participates in qualified reserve component duty, the term `qualified compensation' means-- ``(A) compensation which is normally contingent on the qualified employee's presence for work and which would be deductible from the taxpayer's gross income under section 162(a)(1) if the qualified employee were present and receiving such compensation, ``(B) compensation which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and with respect to which the number of days the qualified employee participates in qualified reserve component duty does not result in any reduction in the amount of vacation time, sick leave, or other nonspecific leave previously credited to or earned by the qualified employee, and ``(C) group health plan costs (if any) with respect to the qualified employee. ``(4) Qualified employee.--The term `qualified employee' means a person who-- ``(A) has been an employee of the taxpayer for the 21-day period immediately preceding the period during which the employee participates in qualified reserve component duty, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as defined in sections 10142 and 10101 of title 10, United States Code. ``(c) Self-Employment Credit.-- ``(1) In general.--The self-employment credit of a qualified self-employed taxpayer for any taxable year is equal to the excess, if any, of-- ``(A) the self-employed taxpayer's average daily self-employment income for the taxable year over, and ``(B) the average daily military pay and allowances received by the taxpayer during the taxable year, while participating in qualified reserve component duty to the exclusion of the taxpayer's normal self-employment duties for the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status. ``(2) Average daily self-employment income and average daily military pay and allowances.--As used with respect to a self-employed taxpayer-- ``(A) the term `average daily self-employment income' means the self-employment income (as defined in section 1402) of the taxpayer for the taxable year plus the amount paid for insurance which constitutes medical care for the taxpayer for such year (within the meaning of section 162(l)) divided by the difference between-- ``(i) 365, and ``(ii) the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and ``(B) the term `average daily military pay and allowances' means-- ``(i) the amount paid to the taxpayer during the taxable year as military pay and allowances on account of the taxpayer's participation in qualified reserve component duty, divided by ``(ii) the total number of days the taxpayer participates in qualified reserve component duty, including time spent in travel status. ``(3) Qualified self-employed taxpayer.--The term `qualified self-employed taxpayer' means a taxpayer who-- ``(A) has net earnings from self-employment (as defined in section 1402) for the taxable year, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. ``(d) Credit in Addition to Deduction.--The employment credit provided in this section is in addition to any deduction otherwise allowable with respect to compensation actually paid to a qualified employee during any period the qualified employee participates in qualified reserve component duty to the exclusion of normal employment duties. ``(e) Limitations.-- ``(1) Maximum credit.-- ``(A) In general.--The credit allowed by subsection (a) for the taxable year shall not exceed $25,000 with respect to each qualified employee. ``(B) Controlled groups.--For purposes of applying the limitation in subparagraph (A)-- ``(i) all members of a controlled group shall be treated as one taxpayer, and ``(ii) such limitations shall be allocated among the members of such group in such manner as the Secretary may prescribe. For purposes of this subparagraph, 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 members of a controlled group. ``(2) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states.--No credit shall be allowed under subsection (a) to a taxpayer for-- ``(A) any taxable year in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and ``(B) the 2 succeeding taxable years. ``(3) Disallowance with respect to persons ordered to active duty for training.--No credit shall be allowed under subsection (a) to a taxpayer with respect to any period for which the person on whose behalf the credit would otherwise be allowable is called or ordered to active duty for any of the following types of duty: ``(A) active duty for training under any provision of title 10, United States Code, ``(B) training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code, or ``(C) full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code. ``(f) General Definitions and Special Rules.-- ``(1) Military pay and allowances.--The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. ``(2) Qualified reserve component duty.--The term `qualified reserve component duty' includes only active duty performed, as designated in the reservist's military orders, in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code. ``(3) Normal employment and self-employment duties.--A person shall be deemed to be participating in qualified reserve component duty to the exclusion of normal employment or self- employment duties if the person does not engage in or undertake any substantial activity related to the person's normal employment or self-employment duties while participating in qualified reserve component duty unless in an authorized leave status or other authorized absence from military duties. If a person engages in or undertakes any substantial activity related to the person's normal employment or self-employment duties at any time while participating in a period of qualified reserve component duty, unless during a period of authorized leave or other authorized absence from military duties, the person shall be deemed to have engaged in or undertaken such activity for the entire period of qualified reserve component duty. ``(4) Certain rules to apply.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply for purposes of this section.''. (b) Conforming Amendment.--Section 38(b) (relating to general business credit) is amended-- (1) by striking ``plus'' at the end of paragraph (14), (2) by striking the period at the end of paragraph (15) and inserting ``, plus'', and (3) by adding at the end the following new paragraph: ``(16) the reserve component employment credit determined under section 45G(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 45F the following new item: `` 45G. Reserve component employment credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Guardsmen and Reservist Employer Tax Act of 2003 - Amends the Internal Revenue Code to provide a reserve component employment credit equal to the sum of the employment credit with respect to all qualified employees of the taxpayer and the self-employment credit of a qualified self-employed taxpayer. Limits the credit to $25,000 for each qualified employee. Disallows the credit for failure to comply with reserve member employment or reemployment rights, or when a reserve member is called or ordered to active duty for training.

To amend the Internal Revenue Code of 1986 to allow employers a credit against income tax with respect to employees who participate in the military reserve components and to allow a comparable credit for participating reserve component self-employed individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Access to Timely Medical Appointments Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Secretary of Veterans Affairs is statutorily obligated to provide eligible individuals who served in the Armed Forces with access to health care and benefits provided by the Department of Veterans Affairs related to such service. (2) The Secretary has given the Department the goal of scheduling a primary care medical appointment within seven days of the date requested by the patient and or the provider and scheduling a specialty care medical appointment within fourteen days of the date requested by the patient and or the provider. (3) The ability of the Secretary to accurately schedule and provide timely access to medical appointments is critical to ensure the health care needs of veterans are met and medical conditions do not worsen because of delays in receiving medical treatment. (4) An audit by the Comptroller General of the United States found that medical appointment wait times reported by the Veterans Health Administration of the Department are unreliable. (5) The Comptroller General found that without reliable measurement of how long patients are waiting for medical appointments, the Secretary is not able to identify areas that need improvement and therefore cannot mitigate problems that contribute to wait times. (6) The Comptroller General found that the unreliable data and measures for wait times create a discrepancy between the positive results the Department publishes and what veterans actually experience. (7) The Comptroller General found that the Veterans Health Administration inconsistently implements its scheduling policy across medical centers of the Department, which impedes scheduling timely medical appointments. (8) The Comptroller General found that oversight of compliance with such scheduling policy, such as ensuring the completion of required scheduler training, was inconsistent across facilities. (9) The Comptroller General found that the management by the Secretary of telephone service, including lack of staff dedicated to answering phones and unreturned phone calls, impede veterans' access to timely medical appointments. (10) Among the four medical centers of the Department reviewed by the Comptroller General, patient complaints regarding unreturned phone calls ranked among the top two categories of complaints during fiscal year 2012. (11) The Comptroller General found that in January 2012, the Veterans Health Administration distributed best practices for telephone access that, if implemented, could help improve telephone access to clinical care. (12) The Secretary is not meeting the statutory obligations of the Secretary to provide veterans with timely access to medical appointments so that such veterans can receive benefits and health care by the Department in a timely manner. SEC. 3. IMPROVEMENT OF MEDICAL APPOINTMENT SCHEDULING POLICY FOR VETERANS. (a) Standardized Scheduling Policy.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement a standardized policy to ensure that a veteran enrolled in the health care system established under section 1705(a) of title 38, United States Code, is able to schedule-- (A) primary care medical appointments within seven days of the date requested by the veteran or the health care provider on behalf of the veteran; and (B) specialty care medical appointments within 14 days of the date requested by the veteran or the health care provider on behalf of the veteran. (2) Implementation.--In implementing the policy under paragraph (1), the Secretary shall-- (A) ensure that such policy-- (i) will not be subject to interpretation or prone to scheduler error; and (ii) provides the Secretary with reliable data regarding the length of time that veterans are waiting for appointments described in paragraph (1) that the Secretary can use to accurately report the performance of the policy as compared to the goals of the policy; (B) ensure that the Veterans Health Administration carries out uniform procedures with respect to such policy; (C) issue detailed guidance to the directors of the Veterans Integrated Service Networks to ensure the consistent implementation of such policy at each medical center and other related facilities of the Department; (D) ensure that only employees of the Department who have completed required training are allowed to schedule medical appointments; and (E) make public annual performance reports for each Veterans Integrated Service Network with respect to such policy. (b) Resource Allocation.-- (1) Assessment.--Not later than 180 days after the date of the enactment of this Act, and each 180-day period thereafter, the Secretary shall assess the resources of each Veterans Integrated Service Network to determine the ability of the Network to meet the scheduling requirements described in subsection (a)(1). (2) Allocation.--The Secretary may reprogram funds and allocate or transfer staff and other resources within the Veterans Health Administration and the Veterans Integrated Service Network to ensure that each Network meets the scheduling requirements described in subsection (a)(1). (3) Notification.--The Secretary shall notify Congress of any reprogramming made pursuant to paragraph (2). (c) Phone Access.--The Secretary shall direct each medical center of the Department to provide oversight of telephone access and implement the best practices outlined in the telephone systems improvement guide of the Veterans Health Administration, including, at a minimum, practices to ensure that-- (1) calls are answered in a timely manner and the messages of patients will have a return call not later than 24 hours after the patient leaves the message; and (2) a call center at each such medical center is properly staffed to meet the needs of the veteran population served by the medical center. (d) Inspector General Report.--The Inspector General of the Department of Veterans Affairs, in consultation with veterans service organizations, shall submit to Congress an annual report on the progress of the Secretary of Veterans Affairs in implementing this Act. Each such report shall include, for the time period covered by the report, each of the following: (1) An assessment of the reliability of data regarding the wait times for appointments described in paragraph (1) of subsection (a) as required by paragraph (2)(A)(ii) of such subsection. (2) An assessment of the extent to which the Secretary met the telephone call timeframes as required by subsection (c). (3) An assessment of the extent to which medical appointments scheduled at Department medical facilities reflect the date that the veteran (or health care provider on behalf of the veteran) requests for such appoint. (4) As assessment of the extent to which medical appointments scheduled at Department medical facilities were not changed within the scheduling system of the Veterans Health Administration unless such changes were requested by the veteran (or health care provider on behalf of the veteran).

Veterans Access to Timely Medical Appointments Act - Directs the Secretary of Veterans Affairs to implement a standardized policy to ensure that veterans enrolled in the Department of Veterans Affairs (VA) health care system are able to schedule: (1) primary care medical appointments within 7 days of the date requested, and (2) specialty care medical appointments within 14 days of the date requested. Directs the Secretary to: (1) ensure that such policy will provide reliable data regarding the length of time that veterans are waiting for such appointments, (2) issue detailed guidance to the directors of the Veterans Integrated Service Networks to ensure the consistent implementation of such policy, (3) ensure that only VA employees who have completed required training are allowed to schedule medical appointments, and (4) assess the resources of each Network every 180 days to determine the Network's ability to meet such scheduling requirements. Requires the Secretary to direct each VA medical center to provide oversight of telephone access and implement the best practices outlined in the VA telephone systems improvement guide, including practices to ensure that: (1) calls are answered in a timely manner and patient messages will have a return call within 24 hours, and (2) a call center at each such center is properly staffed to meet the needs of the veteran population served. Directs the Inspector General of the VA to submit an annual report on the Secretary's progress in implementing this Act.

Veterans Access to Timely Medical Appointments Act

SECTION 1. CONVEYANCE OF PROPERTY. (a) Conveyance.--Upon the tendering of $500,100 on behalf of the State of California and the release of the United States by the State of California from any liability for claims relating to the property described in subsection (b), all right, title, and interest of the United States in and to such property and improvements thereon are conveyed to the Department of Health Services of the State of California, except that the property shall revert to the United States if the property is not used as a low-level radioactive waste disposal facility. (b) Legal Description.--The lands conveyed are: San Bernardino Meridian, Township 9 North, Range 19 East-- Section 26, the southwest quarter of the southwest quarter; Section 27, the south half of the south half; Section 34, all; Section 35, the west half of the west half. (c) Title.--The Secretary of the Interior shall issue evidence of title pursuant to this Act notwithstanding any other provision of law. The Southwestern Low-Level Radioactive Waste Disposal Compact's Ward Valley regional disposal facility and transfer of property under subsection (a) are in compliance with any applicable provisions of section 1713 of title 43, United States Code, section 4332 of title 42, United States Code, and section 1536 of title 16, United States Code. (d) Deposit of Funds.--Sums received pursuant to subsection (a) shall be deposited as miscellaneous receipts in the Treasury of the United States. (e) Termination of Authority.--The authority to make the conveyance described in subsection (a) expires October 1, 2010. SEC. 2. CONVEYANCE OF EASEMENTS. (a) In General.--Concurrent with the conveyance of the property described in section 1(b) to the Department of Health Services of the State of California, all necessary easements for utilities and ingress and egress to such property and the right to improve those easements, are also conveyed to the Department of Health Services of the State of California, except that the Department of Health Services right-of-way easements shall revert to the United States if the property is not licensed and used as a low-level radioactive waste disposal facility. (b) Legal Description.--The legal description of the property subject to the easements described in subsection (a) is as follows: A parcel of land lying within the NE\1/4\ of section 34, the SE\1/4\ of section 27 and the W\1/2\ of section 26, township 9 north, range 19 east of the San Bernardino meridian, San Bernardino County, California, being more particularly described as follows: Commencing at the northeast corner of said section 34; thence south 88 degrees 02 minutes 29 seconds west along the north line of said section 34 a distance of 758.5 feet; thence south 01 degrees, 57 minutes, 31 seconds east a distance of 25.00 feet; thence south 09 degrees, 05 minutes, 35 seconds east a distance of 131.67 feet to the point of beginning; thence continuing south 09 degrees 05 minutes 35 seconds east a distance of 60.75 feet; thence south 90 degrees 00 minutes 00 seconds east a distance of 285.52 feet, to a point of curve; thence along said curve to the right, having a radius of 32.00 feet and a central angle of 98 degrees 59 minutes 49 seconds, an arc distance of 55.26 feet to a point of tangent; thence south 08 degrees 56 minutes 49 seconds west along said tangent a distance of 30.00 feet; thence south 81 degrees 03 minutes 11 seconds east a distance of 60.00 feet; thence north 08 degrees 56 minutes 49 seconds east a distance of 308.02 feet to a point on the south line of said section 27; thence continuing north 08 degrees 56 minutes 49 seconds east a distance of 1,948.10 feet to a point on the west line of said section 26; thence continuing north 08 degrees 56 minutes 49 seconds east a distance of 2,101.87 feet to a point on the southerly right-of-way line of a frontage road for Interstate 40; thence south 69 degrees 25 minutes 11 seconds west along said southerly right-of-way line a distance of 209.58 feet, to a point of curve; thence easterly along said curve to the right the center of which bears south 20 degrees 33 minutes 49 seconds east, having a radius of 82.00 feet and a central angle of 119 degrees 30 minutes 38 seconds an arc distance of 171.04 feet to a point of tangent; thence south 08 degrees 56 minutes 49 seconds west a distance of 1,615.36 feet to a point on the east line of said section 27; thence continuing south 08 degrees 56 minutes 49 seconds west a distance of 2271.35 feet to a point on the north line of said section 34; thence continuing south 08 degrees 56 minutes 49 seconds west a distance of 111.02 feet to a point of curve; thence south along said curve to the right, having a radius of 67.00 feet and a central angle of 81 degrees 03 minutes 11 seconds, an arc distance of 94.78 feet to a point of tangent; thence north 90 degrees 00 minutes 00 seconds west along said tangent a distance of 265.52 feet to the point of beginning, containing an area of 6.55 acres more or less.

Conveys all right, title, and interest of the United States to specified property in San Bernardino County, California, to the Department of Health Services of such State for use as a low-level radioactive waste disposal facility, upon the tendering of $500,100 on behalf of California and the release of the United States from any liability for claims relating to such property. Terminates the authority to make such conveyance on October 1, 2010. Conveys concurrently to the Department necessary easements for utilities and ingress and egress to such property and the right to improve them.

To convey 1,000 acres of Federal land in San Bernardino County, California, for use as the site of the Southwestern Low-Level Radioactive Waste Disposal Compact's regional disposal facility.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonprofit Athletic Organization Protection Act of 2003''. SEC. 2. DEFINITIONS. In this Act: (1) Economic loss.--The term ``economic loss'' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (2) Harm.--The term ``harm'' includes physical, nonphysical, economic, and noneconomic losses. (3) Noneconomic loss.--The term ``noneconomic loss'' means any loss resulting from physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. (4) Nonprofit organization.--The term ``nonprofit organization'' means-- (A) any organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or (B) any not-for-profit organization which is organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes. (5) Nonprofit athletic organization.--The term ``nonprofit athletic organization'' means a nonprofit organization that has as one of its primary functions the adoption of rules for sanctioned or approved athletic competitions and practices. The term includes the employees, agents, and volunteers of such organization, provided such individuals are acting within the scope of their duties with the nonprofit athletic organization. (6) State.--The term ``State'' includes the District of Columbia, and any commonwealth, territory, or possession of the United States. SEC. 3. LIMITATION ON LIABILITY FOR NONPROFIT ATHLETIC ORGANIZATIONS. (a) Liability Protection for Nonprofit Athletic Organizations.-- Except as provided in subsections (b) and (c), a nonprofit athletic organization shall not be liable for harm caused by an act or omission of the nonprofit athletic organization in the adoption of rules for sanctioned or approved athletic competitions or practices if-- (1) the nonprofit athletic organization was acting within the scope of the organization's duties at the time of the adoption of the rules at issue; (2) the nonprofit athletic organization was, if required, properly licensed, certified, or authorized by the appropriate authorities for the competition or practice in the State in which the harm occurred or where the competition or practice was undertaken; and (3) the harm was not caused by willful or criminal misconduct, gross negligence, or reckless misconduct on the part of the nonprofit athletic organization. (b) Responsibility of Employees, Agents, and Volunteers to Nonprofit Athletic Organizations.--Nothing in this section shall be construed to affect any civil action brought by any nonprofit athletic organization against any employee, agent, or volunteer of such organization. (c) Exceptions to Nonprofit Athletic Organization Liability Protection.--If the laws of a State limit nonprofit athletic organization liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this section: (1) A State law that requires a nonprofit athletic organization to adhere to risk management procedures, including mandatory training of its employees, agents, or volunteers. (2) A State law that makes the nonprofit athletic organization liable for the acts or omissions of its employees, agents, and volunteers to the same extent as an employer is liable for the acts or omissions of its employees. (3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law. SEC. 4. PREEMPTION. This Act preempts the laws of any State to the extent that such laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability relating to the rule-making activities of nonprofit athletic organizations. SEC. 5. EFFECTIVE DATE. (a) In General.--This Act shall take effect on the date of enactment of this Act. (b) Application.--This Act applies to any claim for harm caused by an act or omission of a nonprofit athletic organization that is filed on or after the effective date of this Act but only if the harm that is the subject of the claim or the conduct that caused the harm occurred on or after such effective date.

Nonprofit Athletic Organization Protection Act of 2003 - Exempts a nonprofit athletic organization from liability for harm caused by an act or omission in the adoption of rules for sanctioned or approved athletic competitions or practices if: (1) the organization was acting within the scope of its duties; (2) the organization was properly licensed, certified, or authorized for the competition or practice; and (3) the harm was not caused by the organization's willful or criminal misconduct, gross negligence, or reckless misconduct. States that this exemption shall not be construed to affect civil actions brought by nonprofit athletic organizations against their employees, agents, or volunteers. Makes exceptions where State law: (1) requires such an organization to adhere to risk management procedures, including mandatory training; (2) makes the organization liable for the acts or omissions of its employees, agents, and volunteers to the same extent as an employer is liable for its employees; and (3) makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government. Preempts inconsistent State laws except for those that provide additional protections from liability relating to the rule-making activities of nonprofit athletic organizations.

To provide immunity for nonprofit athletic organizations in lawsuits arising from claims of ordinary negligence relating to the passage or adoption of rules for athletic competitions and practices.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Acquired Bone Marrow Failure Disease Research and Treatment Act of 2010''. SEC. 2. ACQUIRED BONE MARROW FAILURE DISEASE RESEARCH. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. ACQUIRED BONE MARROW FAILURE DISEASE RESEARCH. ``(a) In General.--The Secretary may conduct research on acquired bone marrow failure diseases. Such research may address factors including-- ``(1) trends in the characteristics of individuals who are diagnosed with acquired bone marrow failure diseases, including age, race and ethnicity, general geographic location, sex, family history, and any other characteristics determined appropriate by the Secretary; ``(2) the genetic and environmental factors, including exposure to toxins, that may be associated with developing acquired bone marrow failure diseases; ``(3) approaches to treating acquired bone marrow failure diseases; ``(4) outcomes for individuals treated for acquired bone marrow failure diseases, including outcomes for recipients of stem cell therapeutic products; and ``(5) any other factors pertaining to acquired bone marrow failure diseases determined appropriate by the Secretary. ``(b) Collaboration With the Radiation Injury Treatment Network.-- In carrying out subsection (a), the Secretary may collaborate with the Radiation Injury Treatment Network of the C.W. Bill Young Cell Transplantation Program established pursuant to section 379 to-- ``(1) augment data for the studies under such subsection; ``(2) access technical assistance that may be provided by the Radiation Injury Treatment Network; or ``(3) perform joint research projects. ``(c) Definition.--In this section, the term `acquired bone marrow failure disease' means-- ``(1) myelodysplastic syndromes (MDS); ``(2) aplastic anemia; ``(3) paroxysmal nocturnal hemoglobinuria (PNH); ``(4) pure red cell aplasia; ``(5) acute myeloid leukemia that has progressed from myelodysplastic syndromes; ``(6) large granular lymphocytic leukemia; or ``(7) any other bone marrow failure disease specified by the Secretary, to the extent such disease is acquired and not inherited, as determined by the Secretary.''. SEC. 3. MINORITY-FOCUSED PROGRAMS ON ACQUIRED BONE MARROW FAILURE DISEASES. Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by inserting after section 1707A the following: ``SEC. 1707B. MINORITY-FOCUSED PROGRAMS ON ACQUIRED BONE MARROW FAILURE DISEASES. ``(a) Information and Referral Services.-- ``(1) In general.--The Secretary may establish and coordinate outreach and informational programs targeted to minority populations, including Hispanic, Asian-American, Native Hawaiian, and Pacific Islander populations, that are affected by acquired bone marrow failure diseases. ``(2) Program activities.--Programs under subsection (a) may carry out activities that include-- ``(A) making information about treatment options and clinical trials for acquired bone marrow failure diseases publicly available; and ``(B) providing referral services for treatment options and clinical trials. ``(b) Definition.--In this section, the term `acquired bone marrow failure disease' has the meaning given such term in section 317U(c).''. SEC. 4. BEST PRACTICES FOR DIAGNOSIS OF AND CARE FOR INDIVIDUALS WITH ACQUIRED BONE MARROW FAILURE DISEASES. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by section 2, is further amended by inserting after section 317U the following: ``SEC. 317V. BEST PRACTICES FOR DIAGNOSIS OF AND CARE FOR INDIVIDUALS WITH ACQUIRED BONE MARROW FAILURE DISEASES. ``(a) Grants.--The Secretary, acting through the Director of the Agency for Healthcare Research and Quality, may award grants to researchers to study best practices with respect to diagnosing acquired bone marrow failure diseases and providing care to individuals with such diseases. ``(b) Definition.--In this section, the term `acquired bone marrow failure disease' has the meaning given such term in section 317U(c).''. Passed the House of Representatives September 30 (legislative day September 29), 2010. Attest: LORRAINE C. MILLER, Clerk.

Acquired Bone Marrow Failure Disease Research and Treatment Act of 2010 - (Sec. 2) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services (HHS) to conduct research on acquired bone marrow failure diseases, which may address factors including: (1) trends in the characteristics of individuals who are diagnosed with such diseases, including age, race and ethnicity, general geographic location, sex, and family history; (2) the genetic and environmental factors, including exposure to toxins, that may be associated with developing such diseases; (3) approaches to treating such diseases; and (4) outcomes for individuals treated for such diseases, including outcomes for recipients of stem cell therapeutic products. Authorizes the Secretary to collaborate with the Radiation Injury Treatment Network of the C.W. Bill Young Cell Transplantation Program to: (1) augment data for studies; (2) access technical assistance that may be provided by the Network; or (3) perform joint research projects. (Sec. 3) Authorizes the Secretary to establish and coordinate outreach and informational programs targeted to minority populations, including Hispanic, Asian-American, Native Hawaiian, and Pacific Islander populations, that are affected by acquired bone marrow failure diseases. Includes among program activities: (1) making information about treatment options and clinical trials for such diseases publicly available; and (2) providing referral services for treatment options and clinical trials. (Sec. 4) Authorizes the Secretary, acting through the Director of the Agency for Healthcare Research and Quality, to award grants to researchers to study best practices with respect to diagnosing acquired bone marrow failure diseases and providing care to individuals with such diseases.

To amend the Public Health Service Act to provide for research on acquired bone marrow failure diseases, minority-focused programs on such diseases, and the development of best practices for diagnosis of and care for individuals with such diseases.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety Over Secrecy Act of 2014''. SEC. 2. RESTRICTIONS ON CERTAIN CONFIDENTIALITY AGREEMENTS IN SETTLEMENTS. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1660. Restrictions on certain confidentiality agreements in settlements ``(a) Definition.--In this section, the term `hazard to public safety or health' means an activity, substance, or condition that has a potential to cause harm to the health or safety of the public. ``(b) Disclosure in General.-- ``(1) In general.--Except as provided in paragraph (2), a court may not approve or order the enforcement of any provision in a settlement agreement, or other agreement relating to a settlement, between or among parties in a civil suit if-- ``(A) a pleading filed in the suit alleges facts that are relevant to protecting the public from a hazard to public safety or health; and ``(B) the provision prohibits a party from-- ``(i) disclosing the fact that the settlement was reached; ``(ii) disclosing the terms of the settlement, other than the amount of money, if any, paid under the settlement; ``(iii) discussing the suit or evidence produced in the suit; or ``(iv) otherwise discussing the hazard to public safety or health. ``(2) Balance of interests.-- ``(A) In general.--On a motion by a party to an agreement described in paragraph (1), a court may approve or order the enforcement of a provision described in paragraph (1)(B), despite the fact that a pleading described in paragraph (1)(A) is filed in the suit, if the court, based on an independent finding of fact, determines that-- ``(i) the public interest in the disclosure of facts that are relevant to protecting the public from a hazard to public safety or health is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records that are covered by the provision; and ``(ii) the requested order is no broader than necessary to protect the specific and substantial interest in maintaining confidentiality described in clause (i). ``(B) Considerations.--With respect to the balancing of interests described in subparagraph (A)(i)-- ``(i) there shall be a rebuttable presumption that the interest in protecting financial, medical, or other similar personal information relating to an identifiable individual outweighs the public interest described in subparagraph (A)(i); ``(ii) a general interest in the settlement of disputes may not serve as a specific and substantial interest described in subparagraph (A)(i); and ``(iii) a court may redact language in a settlement agreement, in order to accommodate-- ``(I) the privacy of personal information; and ``(II) the public benefit of awareness of hazards to public safety and health. ``(c) Disclosure to Federal or State Agencies.-- ``(1) In general.--A court may not approve or order the enforcement of any provision of a settlement agreement, or other agreement relating to a settlement, between or among parties in a civil suit if-- ``(A) a pleading filed in the suit alleges facts that are relevant to protecting the public from a hazard to public safety or health; and ``(B) the provision prohibits or otherwise restricts a party from disclosing a fact described in subparagraph (A) to a Federal or State agency with authority to enforce a law or regulate an activity relating to that fact. ``(2) Confidentiality maintained.--The confidentiality of a fact described in paragraph (1)(A) that is disclosed to a Federal or State agency described in paragraph (1)(B) shall be protected to the extent otherwise provided under any other law, regulation, or agreement.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``1660. Restrictions on certain confidentiality agreements in settlements.''.

Safety Over Secrecy Act of 2014 - Amends the federal judicial code to prohibit courts, except when balancing confidentiality interests against public awareness interests in response to a party's motion, from approving or ordering the enforcement of any provision of a settlement agreement in a civil suit if: (1) a pleading in the suit alleges facts relevant to protecting the public from a hazard to public safety or health; and (2) the provision prohibits a party from disclosing settlement terms (other than the amount of any money paid under the settlement) or from discussing the suit, evidence produced in the suit, or the hazard to public safety or health. Defines "hazard to public safety or health" as an activity, substance, or condition that has a potential to cause harm to the health or safety of the public. Authorizes a court, upon a motion by a party to the settlement agreement, to approve or order enforcement of such a provision if: (1) the public interest in disclosure of facts relevant to protecting the public is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records, and (2) the requested order is no broader than necessary to protect such confidentiality. Establishes a rebuttable presumption that the interest in protecting financial, medical, or other similar personal information relating to an identifiable individual outweighs the public interest in disclosure. Permits courts to redact language to accommodate personal privacy and public awareness. Prohibits courts from approving or ordering the enforcement of a settlement agreement provision in a civil suit that includes allegations concerning public safety and health hazards if the provision restricts a party from disclosing such information to a federal or state agency with law enforcement or regulatory authority over related activity. Requires facts disclosed to a federal or state agency to be protected as confidential under any other laws, regulations, or agreements.

Safety Over Secrecy Act of 2014

SECTION 1. FINDINGS. Congress finds the following: (1) Twice since 1989, the northwestern coast of Maui, Hawaii, has been plagued with massive blooms of the green alga, Cladorphora sericea. Blooms of the red alga, Hypnea musciformis, have also occurred in the area and in the Kihei area. (2) The algal blooms have destroyed corals and other reef- building organisms, and have washed up on beaches and severely impeded the recreational use of affected coastal areas. (3) The algal blooms are particularly detrimental to the natural ecological balance of the near-shore reef environment. (4) Although the specific causes of the algal blooms are uncertain, algal growth is stimulated in a proportional manner by concentrations of chemicals such as fertilizers and insecticides, which enter the ocean through freshwater runoff. (5) The Department of Health of the State of Hawaii has indicated that the department does not have the resources at this time to determine the cause of the algal blooms. (6) Extensive research will be required to determine the factors that contribute to algal growth. (7) Potential sources of nutrients that may contribute to algal growth include the near-shore disposal of sewage in injection wells from the Lahaina Wastewater Treatment Plant, surface runoff from agricultural lands and urban resort areas, and subsurface point sources in the areas. (8) The long-term environmental impacts of the algal blooms are unknown, but in the short term, reefs exposed to the algae are being destroyed and the deterioration of the coral has detrimental effects on fish and other wildlife that depend on the reefs for survival. (9) The algal blooms are generating negative economic impacts as well as negative biological impacts, as additional reports indicate that the algae are decreasing the intake of fish caught by local fishermen in the affected marine waters. (10) The Maui Algae Task Force is comprised of community environmental activists and has been assembled to address the problem of algal blooms. (11) The Maui Algae Task Force hopes to work in cooperation with the Department of Health of the State of Hawaii and the Environmental Protection Agency to identify and eradicate the causes of the algal blooms. SEC. 2. STUDY. (a) In General.--The Administrator of the Environmental Protection Agency (hereafter in this Act referred to as the ``Administrator'') shall conduct a study to-- (1) determine the causes of recent algal blooms off the northwestern coast of Maui, Hawaii; and (2) research alternatives for the improved management of chemicals present in wastewater treatment and fresh water runoff. (b) Study Requirements.--In carrying out the study under this section, the Administrator shall-- (1) survey and monitor-- (A) seaweed populations and animals for which the seaweed is a food source; (B) surface water runoff sediments in the study area; and (C) inputs into the study area from subsurface point sources, including any such inputs from the Lahaina wastewater treatment plant; and (2) study the responses of-- (A) the seaweed populations referred to in paragraph (1)(A) to different concentrations of nutrients; and (B) the animals referred to in paragraph (1)(A) to pesticides and other biological toxins. (c) Equipment; Grants.-- (1) Acquisition of equipment.--In carrying out the study under this section, the Administrator is authorized to acquire such monitoring and testing equipment as the Administrator determines necessary. (2) Grants.--In carrying out the study under this section, the Administrator is authorized to establish a grant program to provide grants to eligible entities that submit approved applications to the Administrator. The following entities may submit an application to conduct study activities under this section: (A) The Department of Health of the State of Hawaii. (B) The Maui Algae Task Force. (C) Appropriate Federal, State, or county departments or agencies. (D) Any other entity that the Administrator determines to be appropriate. (d) Demonstration Projects.--In carrying out the study under this section, the Administrator is authorized to establish demonstration projects to identify and implement best management practices for the control of nonpoint source pollution from erosion and agricultural runoff. (e) Reports.-- (1) Interim report.--Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report that includes interim results of the study conducted under this section, and such recommendations as the Administrator determines to be appropriate. (2) Final report.--Not later than January 31, 1996, the Administrator shall submit to Congress a final report that summarizes the results of the study conducted under this section and includes such recommendations as the Administrator determines to be appropriate. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Environmental Protection Agency to carry out this section $500,000 for each of fiscal years 1994 and 1995.

Directs the Administrator of the Environmental Protection Agency to study and report to the Congress on the causes of recent algal blooms off the northwestern coast of Maui, Hawaii, and to research alternatives for the improved management of chemicals present in wastewater treatment and fresh water runoff. Authorizes the Administrator to establish: (1) a grant program to enable eligible entities to conduct study activities; and (2) demonstration projects to implement best management practices for the control of nonpoint source pollution from erosion and agricultural runoff. Authorizes appropriations.

A bill to require the Administrator of the Environmental Protection Agency to conduct a study of algal blooms off the coast of Maui, Hawaii, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air and Health Quality Empowerment Zone Designation Act of 2008''. SEC. 2. PURPOSE. The purpose of this Act is to establish criteria through the use of which specific geographical areas-- (1) shall be designated as air and health quality empowerment zones; and (2) may apply for grants authorized for the purpose of replacing or retrofitting polluting vehicles or engines (or both vehicles and engines) in order to improve the health of the population living in the zones. SEC. 3. FINDINGS. Congress finds that-- (1) the San Joaquin Valley faces serious air quality challenges that impact the development, health, and economy of the Valley; (2) the Valley emits approximately 624 tons of nitrogen oxides per day, and attainment of the federally mandated 8-hour ozone standard under the Clean Air Act requires emissions of not more than 160 tons of oxides of nitrogen per day; (3) the Valley does not attain the federally mandated standard for PM<INF>2.5</INF>; (4) the children of the Valley miss 188,000 school days per year, which translates to 1 in 4 of those children experiencing a day of absence each year due to elevated ozone levels; (5) approximately 460 residents of the Valley die earlier than they otherwise would due to elevated ozone levels, and Valley residents experience 23,300 asthma attacks per year, a rate that equals 3 times the State average and 5 times the national average; (6) 1 in 5 children residing in the Valley have been diagnosed with asthma; (7) nonattainment of Federal air quality standards costs the Valley $3,200,000,000 annually; (8) the Valley experiences chronic double-digit unemployment rates; and (9) the Federal Government must partner with the Valley and the State to address air quality, health, and economic development for the residents of the Valley through the designation of the Valley as air quality empowerment zone that is eligible for Federal grants and technical assistance. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Agency.--The term ``Agency'' means the Environmental Protection Agency. (3) Clean air act.--The term ``Clean Air Act'' means the Clean Air Act (42 U.S.C. 7401 et seq.). (4) PM<INF>2.5</INF>.--The term ``PM<INF>2.5</INF>'' means particulate matter with a diameter that does not exceed 2.5 micrometers. (5) Strategic plan.--The term ``strategic plan'' means, with respect to an area, the plan contained in the application for designation of the area under section 5. (6) Valley.--The term ``Valley'' means the San Joaquin Valley, California. SEC. 5. AIR QUALITY EMPOWERMENT ZONE DESIGNATION PROCEDURES. (a) In General.--From among the areas nominated for designation under this section, the Administrator may designate 1 or more areas as air and health quality empowerment zones. (b) Period for Which Designation Is in Effect.-- (1) In general.--Any designation under this section shall remain in effect during the period beginning on the date of the designation and ending on the earlier of-- (A) the last day of the tenth calendar year beginning on the date of the designation; or (B) the date on which the Administrator revokes the designation. (2) Revocation of designation.--The Administrator may revoke the designation under this section of an area if the Administrator determines that the local air pollution control district in which the designated area is located-- (A) has been designated as being in attainment with the national ambient air quality standard for PM<INF>2.5</INF> and ozone promulgated under the Clean Air Act; or (B) is not complying substantially with, or fails to make progress in achieving the goals of, the strategic plan. (c) Limitations on Designations.--No area may be designated under subsection (a) unless-- (1) the area is nominated for designation by the air pollution control district with jurisdiction over the area; (2) the air pollution control district provides written assurances satisfactory to the Administrator that the strategic plan will be implemented; and (3) the Administrator determines that any information provided is reasonably accurate. (d) Application.--No area may be designated under subsection (a) unless the application for the designation-- (1) demonstrates that the nominated area satisfies the eligibility criteria described in section 6; and (2) includes a strategic plan for accomplishing the purposes of this Act that-- (A) describes-- (i) the process by which the nominated area is a full partner in the process of developing and implementing the plan; and (ii) the extent to which local institutions and organizations have contributed to the planning process; (B) identifies-- (i) the amount of State, local, and private resources that will be available for the nominated area; and (ii) the private/public partnerships to be used (which may include participation by, and cooperation with, institutions of higher education, medical centers, and other private and public entities); (C) identifies the funding requested under any Federal program in support of the purposes of this Act; (D) identifies baselines, methods, and benchmarks for measuring the success of carrying out the strategic plan; and (E) includes such other information as may be required by the Administrator. SEC. 6. ELIGIBILITY CRITERIA. (a) In General.--A nominated area shall be eligible for designation under section 5(a) only if the area meets all of the following criteria: (1) Nonattainment.--The nominated area has been designated as being-- (A) in extreme nonattainment of the 8-hour ozone national ambient air quality standard promulgated by the Administrator under the Clean Air Act; and (B) in nonattainment of national ambient air quality standard for PM<INF>2.5</INF> promulgated by the Administrator under that Act. (2) Agricultural sources.--The nominated area has-- (A) emissions of oxides of nitrogen from farm equipment of at least 30 tons per day in calendar year 2010; or (B) emissions of volatile organic compounds from farming operations of at least 40 tons per day in calendar year 2010. (3) Air-related health effects.--As of the date of nomination, the nominated area-- (A) meets or exceeds the national average per capita incidence of asthma; and (B) meets or exceeds the national average of school days missed due to the health impact of elevated ozone levels. (4) Economic impact.--As of the date of nomination, the nominated area experiences unemployment rates higher than the national average. (5) State matching funds.--The nominated area is located within a State and local area that will match at least \1/2\ of the funds provided by the Federal Government under this Act. SEC. 7. ELIGIBLE GRANT APPLICANTS. Any air pollution control district or other local governmental entity authorized to regulate air quality in a State under the Clean Air Act may apply for a grant under this Act. SEC. 8. AUTHORIZATION OF AIR AND HEALTH EMPOWERMENT GRANTS. (a) Eligibility.-- (1) In general.--Each area designated as an air and health quality empowerment zone under section 5(a) shall be eligible to receive 1 or more grants under this section. (2) Amount of grants.--The amount of each grant awarded to a designated air and health quality empowerment zone shall be determined by the Administrator based upon a review of-- (A) the information contained in the applications required by section 5(d); and (B) the needs set forth in the applications by those designated as beneficiaries. (3) Timing of grants.--With respect to each designated air and health quality empowerment zone, the Administrator shall make-- (A) a grant under this section to each such zone on the date of designation of the zone under section 5(a); and (B) the grant under this section to each such zone available on the first day of the first fiscal year that begins after the date of designation of the zone. (4) Oversight of grants.--The air pollution control district or other local government entity authorized to regulate air quality in an area designated as an air and health safety empowerment zone under section 5(a) shall oversee the use of any grant funds provided to the zone under this section. (b) Use of Grants.--Each air and health safety empowerment zone that receives a grant under this section shall use the grant solely-- (1) to carry out activities that achieve the purposes described in section 2; (2) in accordance with the strategic plan for the zone; and (3) for activities that benefit the residents of the zone for which the grant is made through improved air quality and health. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to provide grants under this section $20,000,000 for each of fiscal years 2009 through 2013.

Air and Health Quality Empowerment Zone Designation Act of 2008 - Authorizes the Administrator of the Environmental Protection Agency (EPA) to designate areas nominated by local air pollution control districts as air and health quality empowerment zones, which shall be eligible for grants for replacing or retrofitting polluting vehicles and/or engines in order to improve the health of the population living in the zones. Sets forth area eligibility requirements, including: (1) being in nonattainment of specified national ambient air quality standards for ozone or PM2.5 (particulate matter with a diameter that does not exceed 2.5 micrometers); (2) having specified emission levels from agricultural sources; (3) meeting or exceeding national averages for asthma, school days missed for ozone levels, and unemployment; and (4) being eligible for state or local matching funds. Prohibits an area from being designated unless the relevant district provides satisfactory assurances that the strategic plan (to be contained in its application) will be implemented. Authorizes the Administrator to revoke the designation if the relevant district: (1) has been designated as being in attainment with the air quality standards; or (2) is failing to comply with, or make progress in achieving the goals of, its strategic plan.

A bill to address the health and economic development impact of nonattainment of federally mandated air quality standards in the San Joaquin Valley, California, by designating air quality empowerment zones.

SECTION 1. EXCLUSION FROM ESTATE TAX FOR HISTORIC PROPERTY SUBJECT TO PRESERVATION EASEMENT. (a) In General.--Part IV of subchapter A of chapter 11 of the Internal Revenue of 1986 (relating to taxable estate) is amended by adding at the end the following new section: ``SEC. 2057. QUALIFIED HISTORIC PROPERTY. ``(a) General Rule.--For purposes of the tax imposed by section 2001, the value of the taxable estate shall be determined by deducting from the value of the gross estate an amount equal to the value of any qualified historic property included in the gross estate. ``(b) Qualified Historic Property.-- ``(1) In general.--For purposes of this section, the term `qualified historic property' means any historic property if-- ``(A) on or before the date on which the return of the tax imposed by section 2001 is filed, a qualified real property interest described in section 170(h)(2)(C) in such property is held by a qualified organization for the purpose described in section 170(h)(4)(A)(iv), and ``(B) such property is covered by an agreement meeting the requirements of paragraph (4) which is entered into on or before such date. Such term includes personal property included within, or associated with, qualified historic property (as defined in the preceding sentence) if such personal property is covered by the agreement referred to in subparagraph (B) which covers such qualified historic property. ``(2) Historic property.--For purposes of paragraph (1), the term `historic property' means-- ``(A) a certified historic structure (as defined in section 170(h)(4)(B)), and ``(B) any other real property to the extent reasonably necessary for public view and visitation of such structure. ``(3) Qualified organization.--For the purposes of paragraph (1), the term `qualified organization' has the meaning given to such term by section 170(h)(3). ``(4) Requirements for agreement.--For the purposes of paragraph (1), an agreement meets the requirements of this paragraph if-- ``(A) such agreement is a written agreement signed by each person in being who has an interest (whether or not in possession) in the historic property (other than the qualified organization), ``(B) such agreement is entered into with a State historic preservation agency (or similar State agency) and filed with the Secretary with the return of the tax imposed by section 2001, ``(C) such agreement provides that the historic property will be open to the public for a period of at least 20 years beginning on the date on which the return of the tax imposed by section 2001 is filed, and ``(D) such agreement provides that any admission fees (if any) shall bear a reasonable relationship to admission fees for other comparable tourist sites and shall be approved by such State historic preservation agency (or similar State agency). The 20-year period referred to in subparagraph (C) shall be suspended during reasonable periods of renovation. ``(5) Open to the public.--For the purposes of paragraph (4)(C), a property shall be treated as being open to the public for any year if a substantial portion of the property is open for public visitation for at least 8 hours per day and 6 days per week during at least any 32 weeks of such year. ``(6) Treatment of qualified historic property held by a corporation.--In the case of a corporation all of the stock in which was held on the date of the decedent's death by the decedent or members of the decedent's family (as defined in section 2032A(e)(2)), stock in such corporation shall be treated for purposes of this section as qualified historic property to the extent that the value of such stock is attributable to qualified historic property held by such corporation. ``(c) Tax Treatment of Dispositions and Failure to Comply With Agreement.-- ``(1) Imposition of additional estate tax.--If, during the 20-year period referred to in subsection (b)(4)(C)-- ``(A) any person signing the written agreement referred to in subsection (b)(4) disposes of any interest in the qualified historic property, or ``(B) there is a violation of any provision of such agreement (as determined under regulations prescribed by the Secretary), then there is hereby imposed an additional estate tax. ``(2) Exception where transferee agrees to be bound by agreement.--No tax shall be imposed under paragraph (1) by reason of any disposition if the person acquiring the property agrees to be bound by the agreement referred to in subsection (b)(4) and to be liable for any tax under this subsection in the same manner as the person disposing such property. ``(3) Amount of additional tax.--The amount of the additional tax imposed by paragraph (1) with respect to any property shall be an amount equal to-- ``(A) the excess of-- ``(i) what would (but for subsection (a)) have been the tax imposed by section 2001 (reduced by the credits allowable), over ``(ii) the tax imposed by section 2001 (as so reduced), multiplied by ``(B) the fraction-- ``(i) the numerator of which is the number of months remaining after the month in which the disposition or violation occurs in the 20- year period referred to in subsection (b)(4)(C), and ``(ii) the denominator of which is 240. ``(4) Due date.--The additional tax imposed by this subsection shall be due and payable on the day which is 6 months after the date of the disposition or violation referred to in paragraph (1). ``(5) Liability for tax.--Any person signing the agreement referred to in subsection (b)(4) (other than the executor) shall be personally liable for the additional tax imposed by this subsection. If more than 1 person is liable under this subsection, all such persons shall be jointly and severally liable. ``(6) Certain other rules to apply.--Rules similar to the rules of sections 2013(f) and 2032A(f) shall apply for purposes of this subsection. ``(d) Coordination With Deduction for Transfer of Easement.-- Section 2055(f) shall not apply to any interest referred to therein with respect to property for which a deduction is allowed under subsection (a).'' (b) Technical Amendments.-- (1) Subparagraph (A) of section 2056A(b)(10) of such Code is amended by inserting ``2057,'' after ``2056,''. (2) The table of sections for part IV of subchapter A of chapter 11 of such Code is amended by adding at the end the following new item: ``Sec. 2057. Qualified historic property.'' (c) Effective Date.--The amendments made by this section shall apply with respect to the estates of decedents dying after the date of the enactment of this Act.

Amends the Internal Revenue Code to provide that for purposes of determining estate tax the value of the taxable estate shall be determined by deducting from the value of the gross estate an amount equal to the value of any qualified historic property. Defines qualified historic property as any certified historic structure and any other real property necessary for public view and visitation that is held by a qualified charitable or governmental organization and is covered by an agreement which, among other things, provides that the historic property will be open to the public for a period of at least 20 years and has a reasonable admission fee.

To amend the Internal Revenue Code of 1986 to provide that the value of qualified historic property shall not be included in determining the taxable estate of a decedent.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firearm Safety and Buyback Grant Act of 2013''. SEC. 2. TAX ON HANDGUN PURCHASES. (a) In General.--Chapter 31 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter D--Concealable Firearms ``Sec. 4056. Imposition of tax. ``SEC. 4056. IMPOSITION OF TAX. ``(a) In General.--There is hereby imposed on any retail sale of any concealable firearms a tax equal to 10 percent of the price for which so sold. ``(b) By Whom Paid.--The tax imposed by subsection (a) shall be paid by the seller of the concealable firearm. ``(c) Exemption for Law Enforcement Uses, etc.--No tax shall be imposed by this section on the sale of any concealable firearm to the Federal Government, or a State or local government. ``(d) Definitions.--For purposes of this section-- ``(1) Concealable firearm.--The term `concealable firearm' has the meaning given the term `any other weapon' by section 5845. ``(2) Retail sale.-- ``(A) In general.--The term `retail sale' means the sale, for a purpose other than resale, after manufacture, production, or importation. ``(B) Use treated as sale.-- ``(i) In general.--If any person uses an article taxable under this section before the first retail sale of such article, then such person shall be liable for tax under this section in the same manner as if such article were sold at retail by him. ``(ii) Exemption for use in further manufacture.--Paragraph (1) shall not apply to use of an article as material in the manufacture or production of, or as a component part of, another article to be manufactured or produced by him. ``(iii) Computation of tax.--In the case of any person made liable for tax by paragraph (1), the tax shall be computed on the price at which similar articles are sold at retail in the ordinary course of trade, as determined by the Secretary. ``(iv) 1st retail sale; determination of price.--For purposes of this section, rules similar to the rules of section 4052 shall apply. ``(e) Coordination.--The tax imposed by subsection (a) is in addition to any tax imposed by sections 4181 and 5811.''. (b) Clarification Relating to Indian Tribal Governments.-- Subparagraph (A) of section 7871(a)(2) of such Code is amended by striking ``relating to tax on special fuels'' and inserting ``relating to retail excise taxes''. (c) Clerical Amendment.--The table of subchapters for chapter 31 of such Code is amended by adding at the end the following new item: ``subchapter d. concealable firearms.''. (d) Effective Date.--The amendments made by this section shall apply to sales on or after the 120th day after the date of the enactment of this Act. SEC. 3. FIREARMS BUYBACK GRANT PROGRAM. (a) In General.--The Attorney General shall establish, in accordance with the provisions of this section, a grant program under which the Attorney General may make grants to eligible entities described in subsection (d)(1) for State, tribal, and local law enforcement agencies to carry out anti-violence campaigns, gun safety campaigns, and firearms buyback programs. (b) Firearms Buyback Program Defined.--For purposes of this section, the term ``firearms buyback program'' means, with respect to a State, tribal, or local law enforcement agency, a program carried out by such agency-- (1) under which the agency purchases firearms from, or accepts firearm donations made by, individuals; (2) the goal of which is to promote anti-violence campaigns, gun safety, and proper disposal of firearms, and to provide a process under which individuals may anonymously turn in firearms to such agency; and (3) under which such agency may take measures to identify if a firearm obtained through such program is lost or stolen and may take measures to return any such firearm so identified to the owner of such firearm. (c) Applications.-- (1) In general.--An eligible entity desiring a grant under this section shall submit to the Attorney General an application for the grant, which shall be in such form and contain, in addition to the information described in paragraph (2), such information as the Attorney General may require. (2) Required information.--An application submitted by an eligible entity for a grant under this section, with respect to a firearms buyback program, shall contain assurances to the satisfaction of the Attorney General that-- (A) in the case of an individual from whom a firearm is obtained under the program-- (i) in the case such firearm is not a donation, such individual shall be provided a reward in an amount that is not less than $50 and not more than $350 for such firearm; and (ii) such individual shall remain anonymous, including by the assurance that the law enforcement agency carrying out such program will not collect or maintain any written record identifying or leading to the identity of the individual as the individual who provided such firearm under the program; (B) firearms obtained under the program shall be disposed of in a timely and appropriate manner, as approved by the Attorney General; and (C) none of the funds provided through the grant will be used for the promotion of firearm sales. (d) Additional Definitions.--For purposes of this section: (1) Eligible entities.--The term ``eligible entity'' means a State, unit of local government, Indian tribal government, or State, tribal, or local law enforcement agency. (2) Firearm.--The term ``firearm'' has the meaning given such term by section 921(a)(3) of title 18, United States Code. (3) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (e) Funding.-- (1) Authorization of appropriations for fiscal year 2013.-- There is authorized to be appropriated $1,000,000 for fiscal year 2013, in addition to amounts made available under paragraph (2) for such fiscal year, to carry out this section. (2) Funds for fiscal year 2013 and subsequent fiscal years from tax on concealable firearms.--For fiscal year 2013 and each subsequent fiscal year, taxes imposed pursuant to section 4056 of the Internal Revenue Code of 1986 shall be available, without further appropriation, to the Attorney General to carry out this section.

Firearm Safety and Buyback Grant Act of 2013 - Amends the Internal Revenue Code to impose upon the seller of any concealable firearm an excise tax equal to 10% of its retail sales price. Exempts sales to federal, state, or local governments. Makes any person who uses a concealable firearm prior to its first retail sale liable for such tax as if such person sold such firearm at retail. Directs the Attorney General to award grants to states, Indian tribal governments, and local governments for their law enforcement agencies to carry out anti-violence and gun safety campaigns and firearms buyback programs.

Firearm Safety and Buyback Grant Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Veteran Academic Counseling Enhancement Act'' or the ``Student Veteran ACE Act''. SEC. 2. EDUCATIONAL COUNSELING FOR VETERANS. (a) In General.--Chapter 36 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3698. Educational counseling ``(a) Provision of Counseling.--(1) The Secretary shall make available educational counseling under this section to covered students in accordance with paragraph (4). ``(2) An institution offering a program of education may only be approved for purposes of this chapter if such institution transmits to the Secretary information necessary for the Secretary to provide educational counseling under this section, including information relating to matriculation requirements, degree information, and enrollment requirements and deadlines. ``(3) In carrying out paragraph (1), the Secretary shall-- ``(A) assign one educational counselor per each 100 covered students in a geographical area as determined by the Secretary; and ``(B) provide covered students who are located in remote areas that are not within a geographical area determined under subparagraph (A) with adequate opportunities to receive counseling under this section. ``(4)(A) A covered student who is a veteran shall automatically receive educational counseling under this section unless the student declines to receive such counseling pursuant to subparagraph (C). ``(B) A covered student who is not a veteran may elect to receive educational counseling under this section. ``(C) The Secretary shall ensure that a covered student may decline or elect to receive educational counseling under this section pursuant to subparagraph (A) or (B), as the case may be, through a streamlined process on the Internet Web site of the Department. ``(b) Scope of Counseling.--In providing educational counseling under this section to covered students enrolled in an institution, an educational counselor shall-- ``(1) answer inquiries by such students regarding educational assistance provided by the Department; ``(2) coordinate with the institution to resolve inquiries described by paragraph (1), including inquiries regarding the payment of such assistance; ``(3) assist such students with applications for such assistance; ``(4) act as a liaison between the Department and the institution; ``(5) provide academic counseling and transition assistance, including-- ``(A) discussing course work, academic goals, degree progress, workload, and other relevant topics; and ``(B) providing guidance on-- ``(i) selecting courses; ``(ii) seeking-- ``(I) additional financial resources; ``(II) student support services; ``(III) tutoring; and ``(IV) job placement counseling; and ``(iii) understanding benefits provided by the Department and the requirements for receiving educational assistance provided by the Department; and ``(6) carry out relevant outreach activities. ``(c) Location of Counselors.--(1) An educational counselor may be located-- ``(A) on the campus or facility of an institution that elects to allow such counselor to be located at the institution; or ``(B) at a facility of the Department, including a Vet Center established under section 1712A of this title or a mobile Vet Center. ``(2) The Secretary shall ensure that an educational counselor is able to provide counseling to covered students through the use of interactive technology, including video conferencing using common Internet applications. ``(d) Preference.--In hiring educational counselors under this section, the Secretary shall apply the principles of preference for the hiring of veterans established in subchapter I of chapter 33 of title 5. ``(e) Periodic Counseling Sessions.--(1) Except as provided by paragraph (3), each covered student assigned an educational counselor under this section shall attend at least one counseling session per quarter, semester, or term, as the case may be, with such counselor. ``(2) Except as provided by paragraph (3), an educational counselor shall notify the Secretary and the relevant institution of any covered student who does not attend a counseling session under paragraph (1). ``(3)(A) The Secretary may waive the periodic counseling sessions under paragraph (1) for a covered student if the Secretary determines that such sessions would place an undue hardship on the student. ``(B) Paragraph (1) and (2) shall not apply to a covered student who declines to receive educational counseling under this section pursuant to subsection (a)(4)(A). ``(f) Annual Report.--The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives an annual report on the educational counseling provided under this section, including the following information listed by each institution: ``(1) The number of covered students who received such counseling during the year covered by the report. ``(2) The number of covered students who declined such counseling under subsection (a)(4) during such year. ``(3) The number of covered students issued a waiver under subsection (e)(3) during such year. ``(4) For each quarter, semester, or term of the institution covered by the report, the number of failing grades earned by covered students receiving such counseling. ``(5) The graduation rate of covered students who received such counseling as compared to the overall graduation rate of students during such year. ``(g) Definitions.--In this section: ``(1) The term `covered student' means an individual pursuing an approved program of education using educational assistance under chapter 30, 32, 33, or 35 of this title or chapter 1606 or 1607 of title 10. ``(2) The term `educational counselor' means an employee of the Department who provides educational counseling under this section. ``(3) The term `institution' means an institution that offers an approved program of education. ``(4) The term `approved program of education' means a program of education that may be pursued using educational assistance under chapter 30, 32, 33, or 35 of this title or chapter 1606 or 1607 of title 10.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 3697A the following new item: ``3698. Educational counseling.''. (c) Effective Date.--The amendments made by this section shall take effect on the date that is 180 days after the date of the enactment of this Act. (d) Use of Current Programs.--The Secretary of Veterans Affairs may-- (1) use a current program of the Department of Veterans Affairs as of the date of the enactment of this Act, including the VetSuccess on Campus program, to carry out section 3698 of title 38, United States Code, as added by subsection (a), if the Secretary determines such program meets the requirements of such section; or (2) expand such a current program to carry out such section 3698. (e) Cooperation and Consultation.--The Secretary of Veterans Affairs shall consult and cooperate with the Secretary of Defense, the Secretary of Education, and any other appropriate head of a Federal department or agency in carrying out the amendments made by this Act. SEC. 3. TRAINING AND COUNSELING SO VETERANS AND MEMBERS OF THE ARMED FORCES CAN MAKE INFORMED DECISIONS ABOUT EDUCATION. (a) In General.--Chapter 36 of title 38, United States Code, is further amended by adding after section 3698, as added by section 2(a), the following new section: ``Sec. 3699. Required one-on-one educational counseling ``(a) Provision of Counseling Required.--(1) The Secretary of Veterans Affairs shall provide individualized, one-on-one educational counseling to an individual considering pursuing a program of education with assistance furnished under this chapter or any of chapters 30 through 35 of this title unless the individual declines to receive such counseling. The Secretary shall ensure that an individual may decline to receive such counseling through a streamlined process on the Internet Web site of the Department of Veterans Affairs. ``(2) The Secretary of Defense shall provide individualized, one- on-one educational counseling to an individual considering pursuing a program of education with assistance furnished under chapter 106A or 1606 of title 10 unless the individual declines to receive such counseling. The Secretary shall ensure that an individual may decline to receive such counseling through a streamlined process on the Internet Web site of the Department of Defense. ``(b) Time and Manner of Counseling.--(1) Counseling provided under subsection (a) to an individual described in such subsection considering a program of education shall be provided at or before the individual enrolls in such program as follows: ``(A) To such individuals who have received fewer than \1/ 3\ of the credits necessary to complete the program of education, a complete version of such counseling. ``(B) To such individuals who have received \1/3\ or more of the credits necessary to complete the program of education, a condensed version of such counseling as the Secretary of Veterans Affairs or the Secretary of Defense, as the case may be, considers appropriate. ``(2) To the extent practicable, counseling provided under subsection (a) to an individual described in paragraph (1)(A) of this subsection shall be provided in person. ``(3) The Secretary of Veterans Affairs and the Secretary of Defense shall each establish, by regulation, procedures by which individuals may receive counseling provided under subsection (a) when receipt of such counseling in person is not practicable. ``(c) Elements.--A complete version of counseling provided under subsection (b)(1) for an individual shall include the following: ``(1) An overview of educational assistance available to the individual under this chapter and chapters 30 through 35 of this title or under chapters 106A and 1606 of title 10, as the case may be. ``(2) Development of a personalized academic and career plan. ``(3) An overview of the information disclosed and made readily available under section 3672(f)(1) of this title relevant to the academic and career plan developed under paragraph (2). ``(4) A discussion of how enrollment in the program of education at the educational institution will affect the individual's academic and career plan and the financial implications for such individual of such enrollment. ``(5) An introduction to the College Navigator Internet Web site of the Department of Education. ``(d) Qualified Counselors.--Counseling provided under subsection (a) may only be provided by properly trained counselors, as determined by the Secretary of Veterans Affairs and the Secretary of Defense. ``(e) Use of Information Disclosed by Educational Institutions.--In providing educational assistance under this section, the Secretary of Veterans Affairs and the Secretary of Defense shall, to the degree practicable, use the information disclosed and made readily available under section 3672(f)(1) of this title. ``(f) Links to College Navigator Internet Web Site of Department of Education.--The Secretary of Veterans Affairs and the Secretary of Defense shall provide links on the Internet Web sites of the Department of Veterans Affairs of the Department of Defense, respectively, to the College Navigator Internet Web site of the Department of Education in such a manner as the Secretary of Veterans Affairs and the Secretary of Defense consider appropriate to inform veterans and members of the Armed Forces of the availability of and the benefits of using the College Navigator Internet Web site.''. (b) Clerical Amendment.--The table of sections for chapter 36 of such title, as amended by section 2(b), is amended by adding at the end the following new item: ``3699. Required one-on-one educational counseling.''. (c) Clarification.-- (1) Heading of section 3697a of title 38.--Section 3697A of such title is amended, in the heading, by adding ``by election'' at the end. (2) Table of sections.--The table of sections for chapter 36 of such title is amended by amending the item relating to section 3697A to read as follows: ``3697A. Educational and vocational counseling by election.''. (d) Effective Date.--Section 3697B of such title, as added by paragraph (1), shall take effect on August 1, 2013, and shall apply with respect to individuals considering pursuing programs of education as described in subsection (a) of such section after such date. SEC. 4. REPEAL OF LIMITATION ON PAYMENTS FOR CONTRACT EDUCATIONAL AND VOCATIONAL COUNSELING PROVIDED BY SECRETARY OF VETERANS AFFAIRS. Section 3697 of title 38, United States Code, is amended-- (1) by striking subsection (b); (2) in subsection (a), by striking ``(a) Subject to subsection (b) of this section, educational'' and inserting ``Educational''; and (3) by striking ``section 3697A'' and inserting ``sections 3697A, 3698, or 3699''. SEC. 5. VETERANS' EDUCATION CONSUMER COMPLAINT TRACKING SYSTEM. (a) In General.--Chapter 36 of title 38, United States Code, is further amended by inserting after section 3693 the following new section: ``Sec. 3693A. Complaint tracking system ``(a) Establishment.--Not later than 180 days after the date of the enactment of this section, the Secretary shall establish a system to collect, process, and track complaints submitted to the Secretary by individuals who are enrolled in programs of education at educational institutions to report instances of fraud, waste, and abuse by such institutions with respect to the benefits and services provided by such institutions to such individuals. ``(b) Requirements.--This system established under subsection (a) shall meet the following requirements: ``(1) The system shall create an individual case number for each complaint processed and tracked in the system. ``(2) The system shall allow for the reporting of complaints, disaggregated by educational institution. ``(3) The system shall allow for the reporting of complaints, disaggregated by topic or subject matter. ``(4) The system shall allow for the submittal of complaints by-- ``(A) Internet Web site; and ``(B) telephone via a toll-free number that is available every day at all hours. ``(5) The system shall allow for the sharing of complaints with the following: ``(A) The educational institutions that are the subjects of the complaints. ``(B) The Secretary of Education. ``(C) The Secretary of Defense. ``(D) State approving agencies. ``(E) Nationally or regionally recognized accrediting agencies and associations. ``(F) Such other Federal agencies as the Secretary of Veterans Affairs considers appropriate. ``(c) Outreach.--The Secretary shall conduct such outreach as may be necessary to inform individuals described in subsection (a) of the system and process established under such subsection. ``(d) Consideration by State Approving Agencies.--Whenever a State approving agency considers whether to approve a course of education of an educational institution under this chapter, the State approving agency shall review and take into consideration the complaints processed and tracked by the system established under subsection (a) regarding the educational institution. ``(e) Privacy.--(1) Whenever a complaint is shared under subsection (b)(5), the complaint shall be anonymized, unless the complainant gives permission to the Secretary to share the complainant's identity. ``(2) The Secretary may not share a complaint under subsection (b)(5) with an educational institution if the complainant requests that such complaint not be shared with an educational institution.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 36 of such title is amended by inserting after the item relating to section 3693 the following new item: ``3693A. Complaint tracking system.''.

Student Veteran Academic Counseling Enhancement Act or Student Veteran ACE Act - Directs the Secretary of Veterans Affairs (Secretary) to make educational counseling available to students pursuing an approved program of education while using educational assistance provided through the Department of Veterans Affairs (VA). Requires the Secretary to: (1) assign one educational counselor per 100 of such students in a geographical area, and (2) provide adequate opportunities for such counseling to such students in remote areas. Requires a student who is a veteran to receive such counseling, unless the student specifically declines, while allowing non-veteran students to elect to receive such counseling. Outlines counselor responsibilities, including assistance with applications for such educational assistance, as well as academic counseling and transition assistance. Requires each student to attend at least one counseling session per quarter, semester, or term, unless such attendance would place an undue hardship on the student. Requires an annual report from the Secretary to the congressional veterans committees on such counseling. Directs the Secretary and the Secretary of Defense to provide individualized, one-on-one educational counseling to an individual considering pursuing a program of education with assistance furnished through the VA or the Department of Defense (DOD), unless such individual declines. Outlines counseling elements. Repeals the fiscal year funding limit ($6 million) for VA contract educational and vocational counseling. Requires the Secretary to establish a system to collect, process, and track complaints submitted by individuals enrolled in VA programs of education and reporting instances of fraud, waste, and abuse by the educational institutions with respect to benefits and services provided.

To amend title 38, United States Code, to improve educational counseling opportunities for veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Interstate Meat Shipment Act''. SEC. 2. FEDERAL AND STATE COOPERATION WITH RESPECT TO MEAT INSPECTION. (a) Waiver of Intrastate Distribution Limitation Under the Federal Meat Inspection Act.--Section 301(a) of the Federal Meat Inspection Act (21 U.S.C. 661(a)) is amended by adding at the end the following new paragraph: ``(5)(A) Upon application of an appropriate State agency with which the Secretary may cooperate under this Act, the Secretary shall verify that the mandatory requirements of the State's meat inspection program are at least equal to the Federal inspection, reinspection, and sanitation requirements under title I of this Act. ``(B) If the Secretary verifies that the mandatory inspection requirements of the State from which a State agency submits an application under subparagraph (A) are at least equal to Federal inspection requirements-- ``(i) the requirement under paragraph (1) that meat and meat food products inspected under such State's meat inspection program be solely for distribution in such State shall not apply; and ``(ii) the Secretary may perform random inspections of State-inspected slaughtering, meat-canning, salting, packing, rendering, or similar establishments in such State to ensure that the State meat inspection program conducted in such State at least meets the Federal inspection requirements under title I. ``(C) If after an inspection performed under subparagraph (B) the Secretary determines that a State- inspected slaughtering, meat-canning, salting, packing, rendering, or similar establishment is not subject to mandatory inspection requirements at least equal to the substantive Federal inspection requirements under title I of this Act, the requirement under paragraph (1) that meat and meat food products inspected under a State meat inspection program be solely for distribution in such State shall apply to such slaughtering, meat- canning, salting, packing, rendering, or similar establishment until a subsequent inspection verifies that the establishment is subject to mandatory inspection requirements at least equal to the Federal inspection requirements under title I.''. (b) Waiver of Intrastate Distribution Limitation Under the Poultry Products Inspection Act.--Section 5(a) of the Poultry Products Inspection Act (21 U.S.C. 454(a)) is amended by adding the following paragraph at the end thereof: ``(5)(A) Upon application of an appropriate State agency with which the Secretary may cooperate under this Act, the Secretary shall verify that the mandatory requirements of the State's poultry product inspection program are at least equal to the Federal inspection, reinspection, and sanitation requirements under this Act. ``(B) If the Secretary verifies that the mandatory inspection requirements of the State from which a State agency submits an application under subparagraph (A) are at least equal to Federal inspection requirements-- ``(i) the requirement under paragraph (1) that poultry products inspected under such State's poultry product inspection program be solely for distribution in such State shall not apply; and ``(ii) the Secretary may perform random inspections of State-inspected official establishments in such State to ensure that the State poultry product inspection program conducted in such State at least meets the Federal inspection requirements under this Act. ``(C) If after an inspection performed under subparagraph (B) the Secretary determines that a State- inspected official establishment is not subject to mandatory inspection requirements at least equal to the substantive Federal inspection requirements under this Act, the requirement under paragraph (1) that poultry and poultry products inspected under a State poultry product inspection program be solely for distribution in such State shall apply to such official establishment until a subsequent inspection verifies that the official establishment is subject to mandatory inspection requirements at least equal to the Federal inspection requirements under this Act.''.

Safe Interstate Meat Shipment Act - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to permit interstate distribution of state-inspected meat and poultry under specified circumstances.

To permit the interstate distribution of State-inspected meat under appropriate circumstances.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Trade in Ideas Act of 1993''. SEC. 2. EXCHANGE OF INFORMATION AND RELATED TRANSACTIONS. (a) International Emergency Economic Powers Act.--Section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is amended to read as follows: ``(3)(A) the importation from or exportation to any country, or the communication or telecommunication or other form of transmission to any country, of information or informational materials which-- ``(i) include, but are not limited to-- ``(I) publications, films, posters, phonograph records, photographs, microfilms, microfiche, audiotapes and videotapes, artworks, telephone conversations, other voice or data communications or telecommunications, telecasts, and news wire feeds, ``(II) other forms of telecommunications, and ``(III) other materials the creation and circulation of which in the United States would be protected by the First Amendment to the United States Constitution, whether those materials are in existence at the time of or are to be created subsequent to or pursuant to a transaction or activity described in this paragraph; and ``(ii) are information and informational materials that are not otherwise controlled for export under section 5 of the Export Administration Act of 1979 and with respect to which no acts are prohibited by chapter 37 of title 18, United States Code; ``(B) travel related to any such importation, exportation, communication, telecommunication, or transmission; ``(C) transactions for the creation or circulation of or otherwise concerning such information or informational materials, or any rights in such information or informational materials, whether commercial or otherwise; or ``(D) other transactions incidental to any activity or transaction described in subparagraph (A), (B), or (C);''. (b) Export Administration Act of 1979.--Section 6 of the Export Administration Act of 1979 (22 U.S.C. 2405) is amended by adding at the end the following new subsection: ``(t) Information and Informational Materials.--(1) This section does not authorize export controls on-- ``(A) information or informational materials; ``(B) transactions for the creation or circulation of or otherwise concerning such information or informational materials, or any rights in such information or informational materials, whether commercial or otherwise; or ``(C) other transactions incidental to the export of any information or informational materials or to any transaction described in subparagraph (B). ``(2) The information and informational materials referred to in paragraph (1) include, but are not limited to-- ``(A) publications, films, posters, phonograph records, photographs, microfilms, microfiche, audiotapes and videotapes, artworks, telephone conversations, other voice or data communications or telecommunications, telecasts, and news wire feeds; ``(B) other forms of telecommunications; and ``(C) other materials the creation and circulation of which in the United States are protected by the First Amendment to the United States Constitution.''. (c) Trading With the Enemy Act.-- (1) Exchange of information and related transactions.-- Section 5(b)(4) of the Trading with the Enemy Act (50 U.S.C. App. section 5(b)) is amended to read as follows: ``(4)(A) The authority granted to the President in this subsection does not include the authority to regulate or prohibit, directly or indirectly-- ``(i) the importation from or exportation to any country, or the communication or telecommunication or other form of transmission to any country, of information or informational materials; ``(ii) travel related to any such importation, exportation, communication, telecommunication, or transmission; ``(iii) transactions for the creation or circulation of or otherwise concerning such information or informational materials, or any rights in such information or informational materials, whether commercial or otherwise, or ``(iv) other transactions incidental to any activity or transaction described in clause (i), (ii), or (iii). ``(B) The information and informational materials referred to in subparagraph (A)-- ``(i) include, but are not limited to-- ``(I) publications, films, posters, phonograph records, photographs, microfilms, microfiche, audiotapes and videotapes, artworks, telephone conversations, other voice or data communications or telecommunications, telecasts, and news wire feeds, ``(II) other forms of telecommunications, and ``(III) other materials the creation and circulation of which in the United States would be protected by the First Amendment to the United States Constitution, whether those materials are in existence at the time of or are to be created subsequent to or pursuant to a transaction or activity described in subparagraph (A); and ``(ii) are information and informational materials that are not otherwise controlled for export under section 5 of the Export Administration Act of 1979 and with respect to which no acts are prohibited by chapter 37 of title 18, United States Code.''. SEC. 3. FREEDOM OF TRAVEL FOR UNITED STATES CITIZENS. (a) International Emergency Economic Powers Act.--Section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is amended-- (1) in paragraph (2) by striking ``or'' after the semicolon; and (2) by adding at the end the following: ``(4) any of the following transactions incident to travel by individuals who are citizens or residents of the United States: ``(A) any transactions ordinarily incident to travel to or from any country, including importation into a country or the United States of accompanied baggage for personal use only; ``(B) any transactions ordinarily incident to travel or maintenance within any country, including the payment of living expenses and the acquisition of goods for personal consumption; ``(C) any transactions ordinarily incident to the arrangement, promotion, or facilitation of travel to, from, or within a country; ``(D) any transactions incident to nonscheduled flights of aircraft, or nonscheduled voyages of vessels to or from any country, except that this subparagraph does not authorize the carriage of articles into a country except accompanied baggage; or ``(E) normal banking transactions involving foreign currency drafts, traveler's checks, or other negotiable instruments incident to travel to or from any country; except that this paragraph does not authorize the importation into the United States of any goods for personal consumption acquired in another country, other than those items described in paragraphs (1) and (3);''. (b) Trading With the Enemy Act.--Section 5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)) is amended by adding at the end the following new paragraph: ``(5) The authority granted to the President in this subsection does not include the authority to regulate or prohibit, directly or indirectly, any of the following transactions incident to travel by individuals who are citizens or residents of the United States: ``(A) Any transactions ordinarily incident to travel to or from any country, including importation into a country or the United States of accompanied baggage for personal use only. ``(B) Any transactions ordinarily incident to travel or maintenance within any country, including the payment of living expenses and the acquisition of goods for personal consumption. ``(C) Any transactions ordinarily incident to the arrangement, promotion, or facilitation of travel to, from, or within a country. ``(D) Any transactions incident to nonscheduled flights of aircraft, or nonscheduled voyages of vessels to or from any country, except that this subparagraph does not authorize the carriage of articles into a country except accompanied baggage. ``(E) Normal banking transactions involving foreign currency drafts, traveler's checks, or other negotiable instruments incident to travel to or from any country. This paragraph does not authorize the importation into the United States of any goods for personal consumption acquired in another country, other than those items described in paragraph (4).''. SEC. 4. EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES AND EXCHANGES. (a) International Emergency Economic Powers Act.--Section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is amended by adding at the end thereof the following: ``(5) financial or other transactions, or travel, incident to-- ``(A) activities of scholars, ``(B) other educational or academic activities, ``(C) exchanges in furtherance of any such activities, ``(D) cultural activities and exchanges, or ``(E) public exhibitions or performances by the nationals of one country in another country, to the extent that any such activities, exchanges, exhibitions, or performances are not otherwise controlled for export under section 5 of the Export Administration Act of 1979 and to the extent that, with respect to such activities, exchanges, exhibitions, or performances, no acts are prohibited by chapter 37 of title 18, United States Code; or''. (b) Trading With the Enemy Act.--Section 5(b) of the Trading With the Enemy Act is amended by adding at the end thereof the following: ``(6) The authority granted to the President in this subsection does not include the authority to regulate or prohibit, directly or indirectly, financial or other transactions, or travel, incident to-- ``(A) activities of scholars, ``(B) other educational or academic activities, ``(C) exchanges in furtherance of any such activities, ``(D) cultural activities and exchanges, or ``(E) public exhibitions or performances by the nationals of one country in another country, to the extent that any such activities, exchanges, exhibitions, or performances are not otherwise controlled for export under section 5 of the Export Administration Act of 1979 and to the extent that, with respect to such activities, exchanges, exhibitions, or performances, no acts are prohibited by chapter 37 of title 18, United States Code.''. SEC. 5. ESTABLISHMENT OF NEWS BUREAUS. (a) International Emergency Economic Powers Act.--Section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is amended by adding at the end thereof the following: ``(6) financial or other transactions related to the establishment of bureaus by United States news organizations in foreign countries, or the establishment of news bureaus in the United States by foreign news organizations.''. (b) Trading With the Enemy Act.--Section 5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)) is amended by adding at the end the following: ``(7) The authority granted to the President in this subsection does not include the authority to regulate or prohibit, directly or indirectly, financial or other transactions related to the establishment of bureaus by United States news organizations in foreign countries, or the establishment of news bureaus in the United States by foreign news organizations.''. SEC. 6. FOREIGN ASSISTANCE ACT OF 1961. Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is amended by adding at the end thereof the following: ``(3) Notwithstanding paragraph (1), the authority granted to the President in such paragraph does not include the authority to regulate or prohibit, directly or indirectly, any activities or transactions which may not be regulated or prohibited under paragraphs (4), (5), (6), or (7) of section 5(b) of the Trading With the Enemy Act.''. SEC. 7. UNITED NATIONS PARTICIPATION ACT. Section 5(a) of the United Nations Participation Act of 1945 (22 U.S.C. 287c) is amended by adding after the first sentence the following: ``The authority granted under this section does not include the authority to regulate or prohibit any of the activities which may not be regulated or prohibited under paragraphs (3), (4), (5), and (6) of section 203(b) of the International Emergency Economic Powers Act.''. SEC. 8. APPLICABILITY. (a) International Emergency Economic Powers Act.--The amendments made by sections 2(a), 3(a), 4(a), and 5(a) apply to actions taken by the President under the International Emergency Economic Powers Act before the date of the enactment of this Act which are in effect on such date of enactment, and to actions taken under such section on or after such date of enactment. (b) Trading With the Enemy Act.--(1) The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act, which were being exercised with respect to a country on July 1, 1977, as a result of a national emergency declared by the President before the date, and are being exercised on the date of the enactment of this Act, do not include the authority to regulate or prohibit, directly or indirectly, any activity which, under paragraph (4), (5), (6), or (7) of section 5(b) of the Trading With the Enemy Act, as amended and added by this Act, may not be regulated or prohibited. (2) The amendments made by sections 2(c), 3(b), 4(b), and 5(b) apply to actions taken by the President under section 5(b) of the Trading With the Enemy Act before the date of the enactment of this Act which are in effect on such date of enactment, and to actions taken under such section on or after such date of enactment. (3) This subsection does not alter the status of assets blocked pursuant to the Trading With the Enemy Act before the date of the enactment of this Act. (c) Export Administration Act of 1979.--The amendment made by section 2(b) shall apply to actions taken by the President under section 6 of the Export Administration Act of 1979 before the date of the enactment of this Act which are in effect on such date of enactment, and to actions taken under such section on or after such date of enactment. (d) Foreign Assistance Act.--(1) The amendment made by section 6 applies to actions taken by the President under section 620(a)(1) of the Foreign Assistance Act of 1961 before the date of the enactment of this Act which are in effect on such date of enactment, and to actions taken under such section on or after such date of enactment. (2) Paragraph (1) does not alter the status of assets blocked pursuant to section 620(a)(1) of the Foreign Assistance Act of 1961 before the date of the enactment of this Act.

Free Trade in Ideas Act of 1993 - Amends the International Emergency Economic Powers Act, the Export Administration Act of 1979, the Trading With the Enemy Act, the Foreign Assistance Act of 1961, and the United Nations Participation Act of 1945 to declare that the authority granted the President under such Acts does not include the authority to regulate or prohibit: (1) the importation from or exportation to any country, or the communication or telecommunication or other form of transmission to any country, of publications, films, posters, phonograph records, photographs, microfilms, microfiche, audiotapes and video tapes, artworks, telephone conversations, other voice or data communications, telecasts, and news wire feeds; (2) other forms of telecommunications; (3) other materials which in the United States would be protected by the First Amendment to the U.S. Constitution; (4) information that is not otherwise controlled under the Export Administration Act of 1979; (5) travel related to importation, exportation, communication, telecommunication, or transmission; (6) transactions for the creation or circulation of such information, or rights to such information, whether commercial or otherwise; (7) other transactions incidental to the above-mentioned activities or transactions; (8) any transactions ordinarily incident to travel to and from any country; (9) any transactions ordinarily incident to travel and maintenance within any country; (10) any transactions incident to the arrangement, promotion, or facilitation of travel to, from, or within a country; (11) any transactions incident to nonscheduled flights or voyages to and from any country; (12) normal banking transactions incident to travel to and from any country; (13) the importation or exportation of publications or other informational materials from any country; (14) financial or other transactions, or travel, incident to activities of scholars, other educational or academic activities, cultural activities and exchanges, or public exhibitions by nationals of one country in another country; or (15) financial or other transactions related to the establishment of U.S. news bureaus in foreign countries, or the establishment of foreign news bureaus in the United States.

Free Trade in Ideas Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport Access Control Security Improvement Act of 2015''. SEC. 2. AVIATION SECURITY. (a) In General.--Subtitle A of title XVI of the Homeland Security Act of 2002 is amended by adding at the end the following new section: ``SEC. 1602. RISK-BASED SCREENING OF EMPLOYEES AT AIRPORTS. ``(a) Screening Model.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Administrator shall establish a risk-based, intelligence-driven model for the screening of employees at airports based on level of access and employment positions at domestic airports. Such screening model shall-- ``(A) ensure that only those individuals authorized to have access to the secure areas of a domestic airport are permitted such access; ``(B) ensure that an individual is immediately denied entry to a secure area when such individual's access authorization for such secure area is withdrawn; and ``(C) provide a means to differentiate between individuals authorized to have access to an entire secure area and individuals authorized access to only a particular portion of a secure area. ``(2) Factors.--The Administrator shall consider the following factors when establishing the screening model described in paragraph (1): ``(A) Whether and how often employees at airports require employment-related access to Secure Identification Display Areas, Airport Operations Areas, or secure areas. ``(B) The ability of each airport operator to reduce employee entry and exit points to a mutually agreed-upon minimum number of such entry and exit points necessary to maintain airport operations. ``(C) In consultation with airport operators, the ability of the Administration to create a randomization plan for screening at the defined operational minimum entry and exit points at airports which maximizes the deterrent effect of screening efforts. ``(b) Disqualifying Offenses.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Administrator, in consultation with the Director of the Federal Bureau of Investigation, labor organizations representing aviation, ground, and cabin crew workers, and the Aviation Security Advisory Committee, shall conduct an aviation security risk- based review of the disqualifying criminal offenses codified in sections 1542.209 and 1544.229 of title 49, Code of Federal Regulations, to determine the appropriateness of such offenses as a basis for denying to an employee a credential that allows unescorted access to Secure Identification Display Areas of airports. Such review shall consider the following: ``(A) The adequacy of codified disqualifying offenses to address the current aviation security threat environment, particularly the terrorism insider threat. ``(B) If such codified disqualifying offenses should be tailored to address the current aviation security threat environment, particularly the terrorism insider threat, by excluding or including other offenses. ``(C) The potential security benefits, drawbacks, and challenges associated with identifying patterns of misdemeanors or of other non-disqualifying offenses that could jeopardize aviation security. ``(D) The feasibility of integrating similar departmental eligibility requirements for access to Secure Identification Display Areas of airports. ``(E) If the 10-year look-back period for disqualifying offenses is appropriate, in light of the current aviation security threat environment, particularly the terrorism insider threat. ``(2) Waiver.--Not later than 180 days after the date of the enactment of this section, the Administrator shall provide an adequate redress process for an employee who is subject to an adverse employment decision, including removal or suspension of such employee, due to a disqualifying offense referred to in paragraph (1), that is consistent with the appeals and waiver process established for applicants for commercial motor vehicle hazardous materials endorsements and transportation workers at ports under section 70105(c) of title 46, United States Code. ``(3) Notice.--Any changes to the Secure Identification Display area badge program, such as changes considered pursuant to subparagraphs (B), (C), (D), and (E) of paragraph (1) shall be subject to notice of proposed rulemaking. ``(4) Briefing to congress.--Upon completion of the aviation security risk-based review required under paragraph (1), the Administrator shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate on the results of such review. ``(c) Credentialing.--Not later than 120 days after the date of the enactment of this section, the Administrator, in consultation with the Aviation Security Advisory Committee, shall review the auditing procedures for all airport-issued identification media. Such review shall determine the following: ``(1) The efficacy of the auditing program requirements at domestic airports to ensure the integrity, accountability, and control of airport-issued identification media. ``(2) The feasibility of including biometrics standards for all airport-issued identification media used for identity verification and badge verification. ``(3) The feasibility of integrating other departmental programs' eligibility requirements for access to secure areas of airports. ``(d) Vetting.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Administrator shall-- ``(A) establish a program to allow airport badging offices to utilize the employment eligibility confirmation system established under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note; commonly referred to as `E-Verify') to determine the eligibility to work in the United States of all applicants seeking access to secure areas of airports; ``(B) establish a process to transmit applicants' biometric fingerprint data to the Office of Biometric Identity Management's (OBIM's) Automated Biometrics Identification System (IDENT) for vetting; and ``(C) conduct a data quality assessment to ensure that credential application data elements received by the Administration are complete and match the data submitted by the airport operators. ``(2) Briefing to congress.--Upon completion of the responsibilities specified in paragraph (1), the Administrator shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate on the results of such completion. ``(e) Reporting of Violations.--Not later than 180 days after the date of the enactment of this section, the Administrator shall establish a nationwide program for the anonymous reporting of violations of airport security. ``(f) Centralized Database.--Not later than 180 days after the date of the enactment of this section, the Administrator, in consultation with the Aviation Security Advisory Committee, shall-- ``(1) establish a national database of employees who have had either their airport or aircraft operator-issued badge revoked for failure to comply with aviation security requirements; ``(2) determine the appropriate reporting mechanisms for airports and airlines to submit data regarding employees described in paragraph (1) and to access the database established pursuant to such paragraph; and ``(3) establish a process that allows individuals whose names were mistakenly entered into such database to have their names removed and have their credentialing restored. ``(g) Updated Review.--Not later than April 8, 2016, the Administrator, in consultation with the Aviation Security Advisory Committee, shall conduct an updated and thorough review of airport access controls. ``(h) Employee Screening Study.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Administrator, in consultation with the Aviation Security Advisory Committee, shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate, and the Comptroller General of the United States a cost and feasibility study of a statistically significant number of Category I, II, and X airports, that ensures that all employee entry and exit points that lead to secure areas of such airports are comprised of the following: ``(A) A secure door utilizing card and pin entry or biometric technology. ``(B) Surveillance video recording, capable of storing video data for at least 30 days. ``(C) Advanced screening technologies, including at least one of the following: ``(i) Magnetometer (walk-through or hand- held). ``(ii) Explosives detection canines. ``(iii) Explosives trace detection swabbing. ``(iv) Advanced imaging technology. ``(v) X-ray bag screening technology. ``(2) Contents.--The study required under paragraph (1) shall include information related to the employee screening costs of those airports which have already implemented practices of screening 100 percent of employees entering secure areas of airports, including the following: ``(A) Costs associated with establishing an operational minimum number of employee entry and exit points. ``(B) A comparison of costs associated with implementing the requirements specified in paragraph (1), based on whether such implementation was carried out by the Administration or airports. ``(3) Comptroller general assessment.-- ``(A) In general.--Upon completion of the study required under paragraph (1), the Comptroller General of the United States shall review such study to assess the quality and reliability of such study. ``(B) Assessment.--Not later than 60 days after the receipt of the study required under paragraph (1), the Comptroller General of the United States shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate on the results of the review required under subparagraph (A).''. (b) Clerical Amendment.--The table of contents of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 1601 the following new item: ``Sec. 1602. Risk-based screening of employees at airports.''. Passed the House of Representatives October 6, 2015. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on October 6, 2015. Airport Access Control Security Improvement Act of 2015 (Sec. 2) This bill amends the Homeland Security Act of 2002 to direct the Transportation Security Administration (TSA) to establish a risk-based, intelligence-driven model for the screening of airport employees based on level of employment-related access to Secure Identification Display Areas, Airport Operations Areas, or secure areas at U.S. airports. TSA shall conduct an aviation security risk-based review of certain federal disqualifying criminal offenses to determine their appropriateness as a basis for denying an employee a credential that allows unescorted access to Secure Identification Display Areas of airports. TSA shall provide a redress process for employees subject to an adverse employment decision (including removal or suspension) due to a disqualifying offense that is consistent with the appeals and waiver process for applicants for commercial motor vehicle hazardous materials endorsements and transportation workers at ports. TSA shall review the auditing procedures for all airport-issued identification media. TSA shall: establish a program to allow airport badging offices to use "E-Verify" to determine eligibility to work in the United States of all applicants seeking access to secure areas of airports, establish a process to transmit applicants' biometric fingerprint data to the Office of Biometric Identity Management's Automated Biometrics Identification System for vetting, assess credential application data received by DHS to ensure it is complete and matches data submitted by airport operators. TSA shall establish a nationwide program for the anonymous reporting of violations of airport security. TSA shall: establish a national database of employees who have had either their airport or aircraft operator-issued badge revoked for failure to comply with aviation requirements, determine the appropriate mechanisms for airports and airlines to submit such data and access the database, and establish a process to allow individuals whose names were mistakenly entered into the database to have them removed and their credentialing restored. The Aviation Security Advisory Committee shall update and review airport access controls. TSA shall conduct a cost and feasibility study of a significant number of Category I, II, and X airports that ensures that all employee entry and exit points that lead to airport secured areas comprise the following: a secure door that uses card and pin entry or biometric technology, surveillance video recording capable of storing video data for at least 30 days, and certain advanced screening technologies (including at least one of the following: magnetometer [walk through or hand-held], explosives detection canines or explosives trace detection swabbing, advanced imaging technology, or X-ray bag screening technology). The Government Accountability Office shall assess the quality and reliability of the study.

Airport Access Control Security Improvement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund for Hurricane Accountability and Recovery Act of 2005''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 established a Federal Superfund trust fund for the purpose of hazardous substance remediation at sites across the Nation; (2) the release of hazardous substances threatens and impairs public health, community infrastructure, the economy, and social well being; (3) the Environmental Protection Agency has evaluated more than 45,900 sites and placed 1,540 Superfund sites on the National Priorities List; (4) more than 70,000,000 Americans live within 4 miles of a Superfund site; (5) the expiration of the crude oil, chemical feedstock, and corporate taxes in 1995 has contributed to a funding shortfall that prevented numerous Superfund sites from receiving new construction funding in fiscal years 2004 and 2005 and slowed the pace of existing cleanups; (6) delayed and slowed Superfund cleanup actions magnify public health risks and increase total remediation costs; (7) the reestablishment of the Superfund tax would have no effect on the liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 of responsible parties or potentially responsible parties for hazardous substance releases; (8) Hurricanes Katrina and Rita caused unprecedented environmental damage in the Gulf Coast States of Alabama, Louisiana, Mississippi, and Texas; (9) Hurricanes Katrina and Rita caused significant new releases of hazardous substances and also damaged, threatened, or otherwise impaired the integrity of 54 sites listed on the National Priorities List and other facilities producing, manufacturing, storing, or releasing hazardous substances; (10) released hazardous substances must be removed, remediated, and otherwise cleaned up to mitigate environmental damage and to protect public health; (11) the current and future removal, remediation, and cleanup efforts in Hurricane-affected areas will incur significant costs; and (12) the costs incurred to remove, remediate, and otherwise clean up hazardous substances, in the Hurricane-impacted areas of the Gulf Coast and nationwide, are most equitably borne by the parties responsible for the manufacture, production, use, storage, and release of such substances. SEC. 3. SUPERFUND TAXES. (a) Permanent Extension.-- (1) Excise taxes.--Section 4611(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Application of Hazardous Substance Superfund Financing Rate.--The Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date of the enactment of this subsection.''. (2) Corporate environmental income tax.--Section 59A(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Application of Tax.--The tax imposed by this section shall apply to taxable years beginning after December 31, 1986, and before January 1, 1996, and to taxable years beginning after the date of the enactment of this subsection.''. (3) Technical amendments.-- (A) Section 4611(b) of the Internal Revenue Code of 1986 is amended-- (i) by striking ``or exported from'' in paragraph (1)(A), (ii) by striking ``or exportation'' in paragraph (1)(B), and (iii) by striking ``and Exportation'' in the heading. (B) Section 4611(d)(3) of such Code is amended-- (i) by striking ``or exporting the crude oil, as the case may be'' in the text and inserting ``the crude oil'', and (ii) by striking ``or exports'' in the heading. (b) Temporary Tax Increase for Cleanup Required by Reason of Hurricanes Katrina and Rita.-- (1) In general.--Subsection (c) of section 4611 of such Code is amended by adding at the end the following new paragraph: ``(3) Temporary rate increase to fund hurricanes katrina and rita toxic waste cleanup.--During the period beginning on January 1, 2006, and ending on December 31, 2008, the rate of tax specified by subparagraph (A) of paragraph (2) shall be increased by the amount equal to 50 percent of such rate.''. (2) Certain chemicals and imported substances.--Section 4661 of such Code (relating to imposition of tax on certain chemicals) is amended by adding at the end the following: ``(c) Temporary Increase to Fund Hurricanes Katrina and Rita Toxic Waste Cleanup.--During the period beginning on January 1, 2006, and ending on December 31, 2008, each amount of tax per ton with respect to a substance specified in subsection (b) shall be increased by an amount equal to 50 percent of such amount.''. (3) Temporary increase in corporate environmental income tax to fund hurricanes katrina and rita toxic waste cleanup.-- Subsection (a) of section 59A of such Code (relating to imposition of tax) is amended by adding at the end the following flush sentence: ``In the case of taxable years beginning on or after January 1, 2006, and ending on or before December 31, 2008, the preceding sentence shall be applied by substituting `0.18 percent' for `0.12 percent'.''. (4) Separate accounting for cleanup funds.--Section 9507 of such Code (relating to Hazardous Substance Superfund) is amended by adding at the end the following new subsection: ``(f) Establishment of Gulf Hurricanes Cleanup Account.-- ``(1) Creation of account.--There is established in the Hazardous Substance Superfund a separate account to be known as the `Gulf Hurricanes Cleanup Account' consisting of such amounts as may be transferred or credited to the Gulf Hurricanes Cleanup Account as provided in this subsection or section 9602(b). ``(2) Transfers to account.--The Secretary shall transfer to the Gulf Hurricanes Cleanup Account from the amounts appropriated to Superfund under subsection (b) amounts equal to-- ``(A) the increase in the tax imposed under section 59A by reason of the last sentence of subsection (a) thereof, ``(B) the increase in the tax imposed under section 4611(c) by reason of paragraph (3) thereof, ``(C) the increase in the tax imposed under section 4661 by reason of subsection (c) thereof, and ``(D) the increase in the tax imposed under section 4671 by reason of the increase in tax under section 4661(c). ``(3) Expenditures from account.--Amounts in the Gulf Hurricanes Cleanup Account shall be available, as provided by appropriation Acts, for making expenditures in accordance with section 4 of the Superfund for Hurricane Accountability and Recovery Act of 2005. ``(4) Reversion of unexpended funds.--Amounts remaining in the Gulf Hurricanes Cleanup Account shall revert to the Hazardous Substance Superfund on the date which is the later of-- ``(A) December 31, 2009, or ``(B) the date as of which the Administrator of the Environmental Protection Agency makes the determination under section 4 of such Act.''. (c) Effective Dates.-- (1) Excise taxes.--The amendments made by subsections (a) (other than paragraph (2) thereof) and (b) (other than paragraph (3) thereof shall take effect on the date of the enactment of this Act. (2) Income tax.--The amendments made by subsections (a)(2) and (b)(3) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. EXPENDITURES FROM TRUST FUND. Amounts in the Gulf Hurricanes Cleanup Account established under subsection (f) of section 9507 of the Internal Revenue Code of 1986 shall be used only for making expenditures in accordance with subsection (c) of such section with respect to sites where hazardous substance releases or threatened releases have been caused or exacerbated by Hurricane Katrina or Hurricane Rita until such time as the Administrator of the Environmental Protection Agency determines by rule that no response actions are necessary to protect human health and the environment with respect to such sites. Before initiating a rulemaking under this section, the Administrator shall notify the Congress of the intention to initiate the rulemaking. SEC. 5. CLEANUP REPORTS. (a) Requirement.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator of the Environmental Protection Agency shall transmit to Congress a report on the progress of cleanup activities with respect to Hurricanes Katrina and Rita. (b) Contents of Report.--Each report required by subsection (a) shall specify the following: (1) The number of full-time equivalent personnel of the Environmental Protection Agency allocated to such cleanup activities. (2) The persons to whom major contracts are awarded for such cleanup activities and the amount of such contracts. (3) The number and location of contaminated sites that have been identified. (4) The number of sites with the following stages of the cleanup process complete: site identification and investigation, remedial investigation/feasibility study, remedial selection, remedial design, and remedial construction. (5) For each identified site referred to in paragraph (3)-- (A) the type of contaminants discovered; (B) the extent of contamination in soil, surface water, and groundwater; (C) the number of emergency removals conducted; (D) the number of long-term remedial actions implemented or planned; (E) the annual expenditure of funds for all necessary response actions; (F) the estimated costs of completing all necessary response actions; and (G) the estimated date of completion of all necessary response actions.

Superfund for Hurricane Accountability and Recovery Act of 2005 - Amends the Internal Revenue Code to make permanent: (1) the Hazardous Substance Superfund financing rate; and (2) the corporate environmental income tax. Increases by 50%, between January 1, 2006, and December 31, 2008: (1) such financing rate; and (2) the excise tax per ton for certain chemicals. Increases the corporate environmental income tax rate from .12% to .18% during the same period. Establishes a Gulf Hurricanes Cleanup Account in the Hazardous Substance Superfund. Directs the Secretary of the Treasury to transfer to such Account the temporary tax increases imposed by this Act. Provides that amounts in such Account shall be made available for remediation of hazardous substance releases (or threatened releases) caused or exacerbated by Hurricanes Katrina or Rita. Requires the Administrator of the Environmental Protection Agency to report to Congress on Hurricane Katrina and Rita cleanup activities.

To amend the Internal Revenue Code of 1986 to extend the financing for Superfund for purposes of cleanup activities with respect to Hurricanes Katrina and Rita, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dangerous Products Warning Act''. SEC. 2. DANGEROUS PRODUCTS. (a) In General.--Part 1 of title 18, United States Code, is amended by inserting after chapter 27 the following: ``CHAPTER 28--DANGEROUS PRODUCTS ``Sec. ``571. Violations. ``572. Relationship to existing law. ``573. Construction. ``574. Definitions for chapter. ``Sec. 571. Violations ``(a) Failure To Inform and Warn.--Whoever-- ``(1) is a business entity or a product supervisor with respect to a product or business practice; ``(2) knows of a serious danger associated with such product (or a component of that product) or business practice; and ``(3) knowingly fails within 15 days after such discovery is made (or if there is imminent risk of serious bodily injury or death, immediately) to do any of the following: ``(A) To inform an appropriate Federal agency in writing, unless such product supervisor has actual knowledge that such an agency has been so informed. ``(B) To warn affected employees in writing, unless such product supervisor has actual knowledge that such employees have been so warned. ``(C) To inform persons other than affected employees at risk if they can reasonably be identified. shall be fined under this title or imprisoned not more than 5 years, or both. ``(b) Retaliation.--Whoever knowingly discriminates against any person in the terms or conditions of employment or in retention in employment or in hiring because of such person having informed a Federal agency or warned employees of a serious danger associated with a product or business practice shall be fined under this title or imprisoned not more than one year, or both. ``(c) Nonpayment by Business Entities.--If a fine is imposed on an individual under this section, such fine shall not be paid, directly or indirectly, out of the assets of any business entity on behalf of that individual. ``Sec. 572. Relationship to existing law ``(a) Rights To Intervene.--Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or group or class of consumers, employees or citizens in any proceeding or activity. ``(b) State Law.--Nothing in this chapter preempts any State law or otherwise affects any State authority to adopt or enforce any State law. ``Sec. 573. Construction ``This chapter shall be construed in such a manner as best to represent and protect the interests of the public. ``Sec. 574. Definitions for chapter ``In this chapter-- ``(1) the term `product supervisor'-- ``(A) means-- ``(i) an officer or director of a corporation or an association; ``(ii) a partner of a partnership; or ``(iii) any employee or other agent of a corporation, association, or partnership having duties such that the conduct of such employee or agent may fairly be assumed to represent the policy of the corporation, association, or partnership; and ``(B) includes persons having management responsibility for-- ``(i) submissions to a Federal agency regarding the development or approval of any product; ``(ii) production, quality assurance, or quality control of any product; or ``(iii) research and development of any product; ``(2) the term `product' means a product or service of a business entity that enters or will enter interstate commerce; ``(3) the term `business entity' means any corporation, company, association, firm, partnership, or other business entity or a sole proprietor; ``(4) the term `business practice' means a method or practice of manufacturing, assembling, designing, researching, importing or distributing a product that enters or will enter interstate commerce, conducting, providing or preparing to provide a service that enters or will enter interstate commerce, or otherwise carrying out business operations related to products or services that enter or will enter interstate commerce; ``(5) the term `serious danger', used with respect to a product or business practice, means a danger, not readily apparent to the average person, that the normal or reasonably foreseeable use of, or the exposure of a human being to, that product or business practice may cause death or serious bodily injury to a human being; ``(6) the term `serious bodily injury' means an impairment of physical condition, including as result of trauma, repetitive motion or disease, that-- ``(A) creates a substantial risk of death; or ``(B) causes-- ``(i) serious permanent disfigurement; ``(ii) unconsciousness; ``(iii) extreme pain; or ``(iv) permanent or protracted loss or impairment of the function of any bodily member, organ, bodily system, or mental faculty; ``(7) the term `appropriate Federal agency' means any agency with jurisdiction over the product or business practice; and ``(8) the term `warn affected employees', used with respect to a serious danger, means take reasonable steps to give sufficient description of the serious danger to all individuals working for or in the business entity who are likely to be subject to the serious danger in the course of that work to make those individuals aware of that danger.''. (b) Clerical Amendment.--The table of chapters for title 18, United States Code, is amended by inserting, after the item relating to chapter 27, the following: ``28. Dangerous products.................................... 571''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act take effect 180 days after the date of enactment of this Act.

Dangerous Products Warning Act - Amends the federal criminal code to impose a fine and/or prison term of up to 5 years on any business entity or product supervisor with respect to a product or business practice who knows of a serious danger associated with such product or business practice and knowingly fails within 15 days after discovering such danger to inform an appropriate federal agency in writing, warn affected employees in writing, and inform other affected individuals.  Imposes a fine and/or prison term of up to 1 year on any individual who intentionally discriminates against an employee who informs a federal agency or warns employees of a serious danger associated with a product or business practice. 

Dangerous Products Warning Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Rivers Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and (B) the Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives. (2) Gathering lines.--The term ``gathering lines'' has the meaning given the term pursuant to section 60101(b) of title 49, United States Code. (3) Hazardous liquid pipeline facility.--The term ``hazardous liquid pipeline facility'' has the meaning given the term in section 60101(a) of title 49, United States Code. (4) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). SEC. 3. REVIEW OF PIPELINE RIVER CROSSINGS. (a) Review Required.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall complete a review of the adequacy of the Administration's regulations with respect to pipelines regulated by the Administration that cross inland bodies of water with a width of at least 100 feet from high water mark to high water mark. (2) Scope.--The review required under paragraph (1) shall include data about the geomorphology of individual rivers, including flood hydraulics, riverbed mobility, and channel migration, with respect to-- (A) existing depth of cover requirements; (B) existing requirements for pipeline operators to inspect the conditions of river crossings during extraordinary events irrespective of periodic inspection requirements; (C) existing requirements for Integrity Management Plans to include evaluations of the probability and consequences of flooding at river crossings; (D) existing requirements for installing crossings with respect to horizontal directional drilling; and (E) issuance by the Administration of emergency orders to address unsafe conditions or practices posing an imminent hazard. (3) Consultation.--In conducting the review required under paragraph (1), the Administrator shall consult with-- (A) Federal entities with relevant data and expertise, including the United States Geological Service, the Army Corps of Engineers, the National Transportation Safety Board, the Bureau of Reclamation, and the Environmental Protection Agency; and (B) regional, state, Tribal, and local entities with relevant data and expertise, including State and regional conservation district councils. (b) Report Required.--Not later than 30 days after completing the review required under subsection (a), the Administrator shall submit to the appropriate congressional committees a report on the findings of the review, including any recommendations for changes in laws or regulations. (c) Regulations.--Not later than one year after submittal of the report required under subsection (b), the Administrator shall prescribe regulations to incorporate the findings of the review conducted under subsection (a) and the recommendations included in the report submitted under subsection (b). SEC. 4. INCREASED TRANSPARENCY. (a) River Crossings Database.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall establish and maintain on a publicly available Internet Web site of the Administration a database of all pipeline water crossings in the United States, searchable nationally, by State, and by pipeline, including, with respect to each crossing-- (1) the pipeline operator; (2) the classification of crossing design; (3) the estimated depth of cover; (4) the date of pipeline installation; (5) the dates of in-line inspections; (6) a summary of past actionable anomalies resulting from in-line inspections; and (7) the operational status of the pipeline during flows higher than 10-percent probability of exceedance. (b) National Statistics.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall establish and maintain on a publicly available Internet Web site of the Administration a listing of national and state statistics on pipeline safety, including-- (1) the percentage of pipeline crossings inspected by in- line inspection within the last 6 months, year, five years, and greater than five years; (2) the percentage of pipeline miles inspected by in-line inspection within the last 6 months, year, five years, and greater than five years; (3) the percentage of pipeline crossings designated High Consequences Areas; (4) the percentage of pipeline miles designated High Consequence Areas; (5) the percentage of total pipelines in compliance as of the last date of in-line inspection; (6) the percentage of pipeline miles in compliance as of the last date of in-line inspection; (7) the percentage of pipeline crossings which are bored crossings; (8) the percentage of pipeline crossings which are cut crossings; (9) the percentage of pipeline crossings which are aerial crossings; and (10) any other relevant statistics the agency determines. (c) Oil Spill Response Plans.--Not later than one year after the date of the enactment of this Act, the Administrator shall post on a publicly available Internet Web site of the Administration the following information about hazardous liquid pipeline response plans required of each pipeline operator under part 194 of title 49, Code of Federal Regulations: (1) A status indication of the review and approval of each plan. (2) A comprehensive description of the requirements for such plans. (3) A detailed summary of each approved plan written by the operator that includes the key elements of the plan, but which may exclude-- (A) proprietary information; (B) security-sensitive information, including as referenced in section 1520.5(a) of title 49, Code of Federal Regulations; (C) specific response resources and tactical deployment plans; and (D) the specific location of worst-case discharges. (d) Consultation on Oil Spill Response Plan.--The Administrator shall prescribe regulations requiring pipeline operators-- (1) in constructing oil spill response plans, to consult with local first responders and emergency services operators; (2) to file approved oil spill response plans with all local first responders and emergency services operators that are listed in the plan; and (3) to provide updated oil spill response plans to local first responders and emergency services operators as necessary. SEC. 5. LEAK DETECTION PERFORMANCE STANDARDS. Not later than one year after the date of the enactment of this Act, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall review the need for performance standards for leak detection systems used by operators of hazardous liquid pipeline facilities, including specific standards with respect to-- (1) determining the size of leak a system is capable of detecting; and (2) the time required for the system to issue an alarm in the event that a leak is detected. SEC. 6. EMERGENCY FLOW RESTRICTING DEVICES. Not later than one year after the date of the enactment of this Act, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall review the adequacy of regulations on the circumstances under which an operator of a hazardous liquid pipeline facility must use an emergency flow restricting device. SEC. 7. ONSHORE GATHERING LINES. Not later than one year after the date of the enactment of this Act, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall submit to the appropriate congressional committees a report summarizing a review of all onshore gas and hazardous liquid gathering lines not regulated by the Administration, including recommendations with respect to-- (1) the sufficiency of existing laws and regulations to ensure pipeline safety; (2) the economical and technical practicability of applying existing regulations to unregulated onshore gathering lines; and (3) the modification or revocation of existing statutory or regulatory exemptions, subject to a risk-based assessment. SEC. 8. EXPANDED LOCAL INVOLVEMENT IN NATIONAL CONTINGENCY PLAN RESPONSE MANAGEMENT STRUCTURE. (a) In General.--The National Contingency Plan for removal of oil and hazardous substances shall be revised to provide for the greater involvement of local authorities in the basic framework for the response management structure. (b) Rule of Construction.--Nothing in this section shall be construed as limiting, reducing, or otherwise modifying the controlling role of the On-Scene Coordinator in the response management structure referred to in subsection (a). SEC. 9. TRIBAL CONSULTATION. (a) In General.--Not later than one year after the date of enactment of this Act, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall establish a protocol for consulting with Indian tribes to provide technical assistance for regulation of pipelines under the jurisdiction of Indian tribes. (b) Requirement for Operators.--The operator of a pipeline that is located, wholly or partially, on land under the jurisdiction of an Indian tribe shall file with the Pipeline and Hazardous Materials Safety Administration a copy of any oil spill response plan required under this Act for the pipeline.

Clean Rivers Act of 2011 - Directs the Administrator of the Pipeline and Hazardous Materials Safety Administration (PHMSA) to review the adequacy of PHMSA regulations with respect to PHMSA-regulated pipelines that cross rivers with a width of at least 100 feet from high water mark to high water mark. Requires the Administrator to establish on a publicly available PHMSA website: (1) a database of all pipeline water crossings in the United States, (2) a listing of national and state statistics on pipeline safety, and (3) certain information regarding pipeline operator hazardous liquid pipeline response plans. Directs the Administrator to review: (1) the need for performance standards for leak detection systems used by hazardous liquid pipeline facility operators, and (2) the adequacy of PHMSA regulations in cases where a hazardous liquid pipeline facility operator must use an emergency flow restricting device. Requires the Administrator to review and report to Congress on all onshore gas and hazardous liquid gathering lines not regulated by PHMSA. Requires revision of the National Contingency Plan for removal of oil and hazardous substances to provide greater involvement of local authorities in the basic framework for the response management structure.

A bill to restore public trust in pipeline safety, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``K-12 Community Participation Act of 1998''. SEC. 2. CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL EXPENSES AND FOR CONTRIBUTIONS TO CHARITABLE ORGANIZATIONS WHICH PROVIDE SCHOLARSHIPS FOR STUDENTS ATTENDING SUCH SCHOOLS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL EXPENSES AND FOR CONTRIBUTIONS TO CHARITABLE ORGANIZATIONS WHICH PROVIDE SCHOLARSHIPS FOR STUDENTS ATTENDING SUCH SCHOOLS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) the qualified elementary and secondary education expenses which are paid or incurred by the taxpayer during such taxable year, and ``(2) the qualified charitable contributions of the taxpayer for the taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed-- ``(1) $100 in the case of taxable years beginning in calendar year 1998, ``(2) $150 in the case of taxable years beginning in calendar year 1999, ``(3) $200 in the case of taxable years beginning in calendar year 2000, and ``(4) $250 in the case of taxable years beginning after calendar year 2000. In the case of a joint return, the limitation under this subsection shall be twice the dollar amount otherwise applicable under the preceding sentence. ``(c) Qualified Elementary and Secondary Education Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified elementary and secondary education expenses' means tuition, fees, tutoring, special needs services, books, supplies, computer equipment (including related software and services) and other equipment, transportation, and supplementary expenses required for the enrollment or attendance of any individual at a public, private, or religious school. ``(2) Special rule for home-schooling.--Such term shall include expenses described in paragraph (1) required for education provided for homeschooling if the requirements of any applicable State or local law are met with respect to such education. ``(3) School.--The term `school' means any school which provides elementary education or secondary education (through grade 12), as determined under State law. ``(d) Qualified Charitable Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified charitable contribution' means, with respect to any taxable year, the amount allowable as a deduction under section 170 for cash contributions to a school tuition organization. ``(2) School tuition organization.-- ``(A) In general.--The term `school tuition organization' means any organization described in section 170(c)(2) if the annual disbursements of the organization for elementary and secondary school scholarship are normally not less than 90 percent of the sum of such organization's annual gross income and contributions and gifts. ``(B) Exceptions.--Such term shall not include any organization if substantially all of its scholarships (by value) may be used to attend only 1 school. ``(C) Elementary and secondary school scholarship.--The term `elementary and secondary school scholarship' means any scholarship excludable from gross income under section 117 for expenses related to education at or below the 12th grade. ``(e) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any contribution for which credit is allowed under this section. ``(2) Application with other credits.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(3) Controlled groups.--All persons who are treated as one employer under subsection (a) or (b) of section 52 shall be treated as 1 taxpayer for purposes of this section. ``(f) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.'' (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Credit for elementary and secondary school expenses and for contributions to charitable organizations which provide scholarships for students attending such schools.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997.

K-12 Community Participation Act of 1998 - Amends the Internal Revenue Code to allow a limited tax credit for the expenses of attending elementary and secondary schools (including home schooling) and for contributions to charitable organizations which provide scholarships for children to attend such schools.

K-12 Community Participation Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Economic Adjustment Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) When a community suffers a significant loss of jobs over a relatively short period of time whether from industrial or corporate restructuring, new requirements in Federal laws or regulations, reduction in defense expenditures, depletion of natural resources, natural disasters, changing trade patterns or other reasons, it can experience sudden economic distress. (2) Federal departments and agencies with existing programs that support workers and communities in States and local areas in their efforts to recover from this economic distress do so in a capacity defined by the mission of the department or agency. (3) Federal departments and agencies providing such assistance include the Department of Agriculture, Department of Commerce, Department of Defense, Department of Education, Department of Labor, Department of Housing and Urban Development, the Department of the Treasury, and the Small Business Administration. (4) To date, no Federal department or agency has unique authority to coordinate these often independent efforts across the Federal Government in the same manner as the Federal Emergency Management Agency is charged to coordinate the Federal response to a disaster or the Department of Defense's Office of Economic Adjustment is charged to coordinate the Federal response for communities experiencing base closures and realignments. (5) There is a recognized need for the Federal Government to be able to coordinate its response to communities experiencing sudden economic distress both at the national level and in the community itself, and to further be able to coordinate the Federal response with State and local efforts. (6) The Office of Economic Adjustment of the Department of Defense has successfully provided such coordination across the Federal Government for communities experiencing defense base closures and is a good model on which to base any government- wide coordination effort with respect to communities experiencing sudden economic distress. (7) The mission of the Economic Development Administration of the Department of Commerce includes helping States and local areas to design and implement strategies for facilitating adjustment to changes in their economic situation that are causing or threaten to cause serious structural damage to the underlying economic base which may occur suddenly, and as a result, is the most appropriate place in the Federal Government to locate an office to coordinate Federal response to communities experiencing sudden economic distress. (b) Purposes.--The purposes of this Act are-- (1) to help communities to adjust to such economic dislocation by providing for targeted and integrated Federal responses by authorizing the Secretary of Commerce to coordinate the Federal response through an Office of Community Economic Adjustment which will employ methods and techniques proven successful by the Defense Department's Office of Economic Adjustment in connection with defense base closures; and (2) to increase authorization of appropriations for community adjustment programs of the Economic Development Administration to provide the Secretary of Commerce with more resources for grant assistance for communities to support the development and implementation of adjustment strategies that are designed to restore vital economic activity and create new jobs. SEC. 3 OFFICE OF COMMUNITY ECONOMIC ADJUSTMENT. Title V of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3191) is amended by adding at the end the following: ``SEC. 508. OFFICE OF COMMUNITY ECONOMIC ADJUSTMENT. ``(a) Establishment.--The Secretary is authorized to establish in the Economic Development Administration an Office of Community Economic Adjustment (hereinafter in this section referred to as the `Office'). The head of the Office shall, not later than 90 days after the date of the enactment of the Community Economic Adjustment Act of 2000, develop an operating plan for the Office. ``(b) Duties.--The Office shall-- ``(1) coordinate the Federal Government's response to communities experiencing sudden economic distress caused by a loss of jobs due to plant closures, significant layoffs, or significant relocation of jobs to other communities for any reason, including shifting patterns in international trade, natural disasters or other problems, by-- ``(A) identifying relevant programs and resources to ensure that communities are aware of all available Federal resources that complement or support state and local resources and programs; and ``(B) working with the Departments of the Treasury, Agriculture, Labor, Housing and Urban Development, and Education, the Small Business Administration, and other agencies to ensure that communities receive Federal assistance in a targeted, integrated manner; ``(C) assigning a project manager as appropriate to work with an affected community to carry out subparagraphs (A) and (B); ``(2) provide technical assistance, planning grants, and other assistance under this Act to help communities organize themselves, develop, and carry out economic adjustment strategies for replacing industry and jobs that have been lost or are threatened by the economic downturn; ``(3) help eligible applicants in completing applications for other assistance that may be useful in alleviating the economic distress in the communities; and ``(4) perform such other duties as the Secretary may deem appropriate.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Title VII of the Public Works and Economic Development Act (42 U.S.C. 3231) is amended by adding at the end the following: ``SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR COMMUNITY ADJUSTMENT ASSISTANCE. ``(a) In General.--In addition to amounts made available under section 701, there is authorized to be appropriated $35,000,000 for each of fiscal years 2001 through 2005 for community adjustment assistance under the economic adjustment program of the Economic Development Administration, of which-- ``(1) $10,000,000 is authorized to be appropriated for each such fiscal year to the Office of Community Economic Adjustment established under section 508(a) for the conduct of the duties of the Office under section 508(b), of which not to exceed $1,500,000 may be made available for salaries and expenses of the Office; and ``(2) $25,000,000 is authorized to be appropriated for each such fiscal year for additional economic development program funds in addition to the amounts available for such purposes for communities successfully completing planning grants (as described in section 508(b)(2)) to implement their approved plans. ``(b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.''.

Authorizes appropriations for FY 2001 through 2005 for community adjustment assistance under the economic adjustment program of the EDA, including specified amounts for such Office and for communities successfully completing planning grants to implement their approved plans.

Community Economic Adjustment Act of 2000

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Lincoln National Forest Act of 2006''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--LAND EXCHANGES Sec. 101. Ranchman's Camp land exchange, Lincoln National Forest, New Mexico. Sec. 102. C Bar X Ranch land exchange, Lincoln National Forest, New Mexico. Sec. 103. Provisions applicable to both land exchanges. TITLE II--BOUNDARY ADJUSTMENT Sec. 201. Proclamation boundary defined. Sec. 202. Lincoln National Forest proclamation boundary adjustment. Sec. 203. Miscellaneous provisions. TITLE I--LAND EXCHANGES SEC. 101. RANCHMAN'S CAMP LAND EXCHANGE, LINCOLN NATIONAL FOREST, NEW MEXICO. (a) Conveyance Authorized.--If the owners of Ranchman's Camp, New Mexico, offer to convey to the United States all right, title, and interest of the owners in and to the non-Federal land depicted for exchange on the map entitled ``Ranchman's Camp Land Exchange'' and dated June 3, 2006, the Secretary of Agriculture may accept title to the land on behalf of the United States and convey in exchange to the owners all right, title, and interest of the United States in and to the Federal land in the Lincoln National Forest depicted for exchange on such map. (b) Easements.--Simultaneously with the exchange of Federal land and non-Federal land under subsection (a), the Secretary and the owners of Ranchman's Camp shall exchange, at no additional consideration, nonexclusive reciprocal easements for access and utilities across, over, and through Forest Road 105, as depicted on the map referred to in such subsection. (c) Treatment of Map.--The map referred to in subsection (a) shall be available for inspection in the Office of the Chief of the Forest Service and the Office of the Supervisor of Lincoln National Forest during the period beginning on the date of the enactment of this Act until one year after completion of the land exchange authorized by such subsection. (d) Completion.--To the extent practicable, the Secretary shall complete the land exchange authorized by subsection (a) not later than 180 days after the date on which the owners of Ranchman's Camp make the offer described in such subsection, unless the Secretary and the owners agree to extend such deadline. SEC. 102. C BAR X RANCH LAND EXCHANGE, LINCOLN NATIONAL FOREST, NEW MEXICO. (a) Conveyance Authorized.--If the owners of C Bar X Ranch, New Mexico, offer to convey to the United States all right, title, and interest of the owners in and to the non-Federal land depicted for exchange on the map entitled ``C Bar X Ranch Land Exchange'' and dated June 3, 2006, the Secretary of Agriculture may accept title to the land on behalf of the United States and convey in exchange to the owners all right, title, and interest of the United States in and to the Federal land in the Lincoln National Forest depicted for exchange on such map. (b) Easements.--Simultaneously with the exchange of Federal land and non-Federal land under subsection (a), the Secretary and the owners of C Bar X Ranch shall exchange, at no additional consideration, nonexclusive reciprocal easements for access and utilities across, over, and through Forest Road 488 and Forest Road 105, as depicted on the map referred to in such subsection. (c) Treatment of Map.--The map referred to in subsection (a) shall be available for inspection in the Office of the Chief of the Forest Service and the Office of the Supervisor of Lincoln National Forest during the period beginning on the date of the enactment of this Act until one year after completion of the land exchange authorized by such subsection. (d) Completion.--To the extent practicable, the Secretary shall complete the land exchange authorized by subsection (a) not later than 180 days after the date on which the owners of C Bar X Ranch make the offer described in such subsection, unless the Secretary and the owners agree to extend such deadline. SEC. 103. PROVISIONS APPLICABLE TO BOTH LAND EXCHANGES. (a) Exchange Processing.--Numerous surveys, clearances, reviews for threatened and endangered species, and reviews of cultural and historical resources have been conducted with regard to the land authorized for exchange under this title. There is no need to conduct additional duplicate studies or surveys to complete the land exchanges. (b) Final Maps and Descriptions.--The exact acreage and legal description of the land authorized to be exchanged under this title shall be more particularly delineated and described by the Secretary of the Interior according to a final boundary map and boundary description, which shall be filed in the Office of the Chief of the Forest Service. (c) Equal Value Exchange.-- (1) Equal value exchange required.--The market value of the Federal land and non-Federal land covered by each land exchange authorized by this title shall be equal or equalized as provided by subsection (d) or by adjusting the acreage to be conveyed in the land exchange, as determined by the Secretary and agreed to by the private land owners. (2) Appraiser qualifications.--The appraisal of the land authorized to be exchanged under this title shall be conducted by an appraiser with the following minimum qualifications: (A) Licensed New Mexico real estate appraiser. (B) Certified New Mexico real estate appraiser. (C) Accredited rural appraiser. (3) Costs of appraisal; other costs.--The owners of the non-Federal land to be exchanged under this title shall cover the costs of the land appraisal. The private land owners and the Secretary shall each pay half of any additional costs. (d) Cash Equalization.-- (1) Authorized amount.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a cash equalization payment in excess of 25 percent of the total value of the Federal land conveyed by the Secretary under section 101 or 102. (2) Deposit and use.--Any cash equalization payment received by the Secretary under this section shall be deposited into a fund established under the Act of December 4, 1967 (commonly known as the Sisk Act; 16 U.S.C. 484a). The deposited amounts shall be available to the Secretary, until expended and without further appropriation, for the acquisition of lands and interest in land in New Mexico and associated administrative costs. Such amounts shall not be subject to transfer or reprogramming for wildland fire management or any other emergency purposes. (e) Title.--Title to the non-Federal land to be acquired by the United States under this title shall be acceptable to the Secretary and in conformity with the title standards of the Attorney General. Title to the Federal land shall be conveyed under this title by patent. (f) Completion.--To the extent practicable, the Secretary shall complete the land exchange authorized by subsection (a) not later than 180 days after the date of enactment, unless the Secretary and the owners of the non-Federal lands, respectively, agree to extend such deadline. (g) Revocations and Withdrawal.-- (1) Revocation.--Any public land orders withdrawing any of the Federal land from appropriation or disposal under the public land laws are revoked to the extent necessary to permit conveyance of the Federal land under this title. (2) Withdrawal.--Subject to valid existing rights, pending the completion of the land exchanges authorized by this title, the Federal land identified for conveyance are withdrawn from all forms of location, entry, and patent under the mining and public land laws, and from disposition under the mineral leasing laws and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.). (h) Valid Existing Rights.--The conveyance of any Federal land under this title shall be subject to valid existing rights, and to such terms and conditions as the Secretary considers are in the public interest and agreed to by the private land owners. (i) Administration.--The Secretary shall manage the land acquired by the United States under this title in accordance with the Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.), and in accordance with the other laws and regulations applicable to the National Forest System. TITLE II--BOUNDARY ADJUSTMENT SEC. 201. PROCLAMATION BOUNDARY DEFINED. In this title, the term ``Proclamation Boundary'' means the exterior limits of the Lincoln National Forest in the State of New Mexico established by Presidential Proclamation 32 (32 Stat. 2018) signed by President Theodore Roosevelt on July 26, 1902, and subsequently modified by Presidential Proclamation 1474 (40 Stat. 1832), signed by President Woodrow Wilson on August 9, 1918. SEC. 202. LINCOLN NATIONAL FOREST PROCLAMATION BOUNDARY ADJUSTMENT. (a) Modification.--The 1902 Proclamation Boundary of the Lincoln National Forest is modified in section 20, township 7 south, range 16 east, New Mexico principal meridian to include only the NE\1/4\NE\1/4\ of such section, thereby excluding all non-National Forest System lands in such section as of the date of the enactment of this Act. (b) Availability.--To reflect the boundary adjustment effected by subsection (a), a legal land description signed and approved by the Regional Forester, Albuquerque, New Mexico, shall be on file and available for public inspection in the Office of the Chief of the Forest Service and the office of the Regional Forester, Albuquerque, New Mexico. (c) Correction Authority.--The Secretary of Agriculture may make minor technical and clerical corrections to the legal description to facilitate the boundary adjustment. SEC. 203. MISCELLANEOUS PROVISIONS. (a) Administration.--Any and all land or interests in land remaining within the boundaries of the Lincoln National Forest shall be managed for National Forest System purposes in accordance with-- (1) the Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.); and (2) the laws and regulations applicable to the National Forest System. (b) Land and Water Conservation Fund.--For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Lincoln National Forest, as adjusted by this title, shall be considered to be the boundaries of the national forest as of January 1, 1965. (c) Effect.--Nothing in this Act limits the authority of the Secretary of Agriculture to adjust the boundaries of the Lincoln National Forest under section 11 of the Act of March 1, 1911 (16 U.S.C. 521).

Lincoln National Forest Act of 2006 - Authorizes exchanges of non-federal land of Ranchman's Camp and the C Bar X Ranch, New Mexico, for Lincoln National Forest land. Modifies the 1902 Proclamation Boundary of the Lincoln National Forest to exclude specified non-National Forest System lands. Provides that such adjusted boundaries shall be considered to be the boundaries of such Forest as of January 1, 1965, for purposes of Land and Water Conservation Fund allocations.

To provide for the exchange of certain land in the Lincoln National Forest, New Mexico, with the owners of Ranchman's Camp and the C Bar X Ranch, to adjust the proclamation boundary of that national forest, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Housing Preservation Tax Relief Act of 2003''. SEC. 2. AFFORDABLE HOUSING PRESERVATION CREDIT. (a) In General.--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 inserting after section 42 the following new section: ``SEC. 42A. AFFORDABLE HOUSING PRESERVATION CREDIT. ``(a) General Rule.--For purposes of section 38, the affordable housing preservation credit determined under this section for the taxable year is an amount equal to the preservation allocation amount for the taxable year. ``(b) Limitations.--The amount allowed as a credit to a taxpayer under subsection (a) with respect to a qualified preservation sale shall not exceed the gain recognized by the taxpayer from such sale. ``(c) Preservation Allocation Amount.--For purposes of subsection (a)-- ``(1) In general.--The term `preservation allocation amount' means the amount allocated to the taxpayer from a qualified preservation sale by a housing credit agency. ``(2) Limitation.--The amount allocated under paragraph (1) shall not exceed the excess of-- ``(A) the product of-- ``(i) the maximum rate tax under section 1 in the case of an individual or section 11 in the case of a corporation, multiplied by ``(ii) the gain recognized by the taxpayer from the qualified preservation sale, over ``(B) the amount of cash or the fair market value of other property received by the taxpayer with respect to the sale. ``(d) Qualified Preservation Sale.--For purposes of this section-- ``(1) In general.--The term `qualified preservation sale' means a sale of eligible multifamily housing property to or an exchange of such property with a preservation entity which agrees to maintain affordability and use restrictions regarding the property that are-- ``(A) for a term of not less than the extended use period, ``(B) legally enforceable, and ``(C) consistent with the long-term physical and financial viability and character of such housing as affordable housing. Such restrictions shall be binding on all successors of the preservation entity and shall be recorded as a restrictive covenant on the property pursuant to State law. ``(2) Eligible multifamily housing property.--The term `eligible multifamily housing property' means-- ``(A) property assisted under section 221(d)(3) or section 236 of the National Housing Act and with respect to which the owner is subject to the restrictions described in section 1039(b)(1)(B) of such Act (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990), ``(B) property described in section 512(2)(B) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note), ``(C) property with respect to which a loan is made or insured under title V of the Housing Act of 1949, and ``(D) property that either received an allocation of low-income housing tax credit pursuant to paragraph (1) of section 42(h) or was exempted from such paragraph by paragraph (4) of such section. ``(3) Affordable housing.--The term `affordable housing' means housing which is a qualified low-income housing project (as defined in section 42(g)). ``(4) Extended use period.--The term `extended use period' means the period beginning on the date of sale and ending on the earlier of-- ``(A) 30 years after the close of the sale, or ``(B) the date that the property is acquired by foreclosure (or instrument in lieu of foreclosure). Subparagraph (B) shall not apply if the Secretary determines that the acquisition described therein is part of an arrangement with the owner a purpose of which is to terminate the extended use period. ``(5) Preservation entity.--The term `preservation entity' means a housing credit agency or an organization approved by a housing credit agency that has the capacity and commitment to successfully acquire and preserve eligible multifamily housing property. Such preservation entity shall be independent from the seller partnership or its affiliates. ``(e) Allocation by Housing Credit Agency.--For purposes of this section-- ``(1) In general.--The aggregate preservation credit dollar amount which a housing credit agency may allocate for any calendar year is the portion of the State preservation credit ceiling allocated under this subsection for such calendar year to such agency. ``(2) State ceiling initially allocated to housing credit agencies.--Except as provided in paragraph (4), the State preservation credit ceiling for each calendar year shall be allocated to the housing credit agency of such State. If there is more than 1 housing credit agency of a State, all such agencies shall be treated as a single agency. ``(3) State preservation credit ceiling.--The State preservation credit ceiling applicable to any State and any calendar year shall be an amount equal to the sum of-- ``(A) the unused State preservation credit ceiling (if any) of such State for the preceding calendar year, ``(B) the sum of-- ``(i) $1.00 multiplied by the State population, ``(ii) $1,000,000, ``(iii) the amount of State preservation credit ceiling returned in the calendar year, plus ``(iv) the amount (if any) allocated under paragraph (4) to such State by the Secretary. For purposes of clause (i), the unused State preservation credit ceiling for any calendar year is the excess (if any) of the sum of the amounts described in clauses (ii) through (iv) over the aggregate preservation credit dollar amount allocated for such year. ``(4) Unallocated credit.-- ``(A) In general.--In the event that a State does not allocate all of its preservation credit, such unallocated credit shall be allocated among qualified States for the succeeding calendar year. ``(B) Qualified state.--For purposes of subparagraph (A), the term `qualified State' means, with respect to a calendar year, any State which allocates its entire State preservation credit from the preceding calendar year and for which a request is made to receive an allocation under subparagraph (C). ``(C) Unused preservation credit carryover.--For purposes of this paragraph, the unused preservation credit carryover of a State for any calendar year is the excess (if any) of-- ``(i) the unused State preservation credit ceiling for the year preceding such year, over ``(ii) the aggregate preservation credit dollar amount allocated for such year. ``(D) Allocated amount.--The amount allocated under this paragraph is the amount determined by the Secretary to bear the same ratio to the aggregate unused preservation credit carryover of all States from the preceding calendar year as the population of the State bears to the population of all qualified States for the calendar year. For purpose of the preceding sentence, population shall be determined in accordance with section 146(j). ``(5) Housing credit agency defined.--The term `housing credit agency' has the meaning given such term by section 42(h)(8)(A). ``(f) Responsibilities of Housing Credit Agency.--The housing credit agency (or an agent or other private contractor of such agency) shall-- ``(1) determine whether the preservation entity's plan for rehabilitation (if any) and operation of the eligible multifamily housing property is viable for no less than 30 years, ``(2) monitor the affordability and use restrictions for the eligible multifamily housing property, and ``(3) notify the Internal Revenue Service as to any portion of such property which is out of compliance. ``(g) Recapture for Noncompliance.--If the Secretary determines that all or a portion of the multifamily housing property is out of compliance with the requirements of this section, the taxpayer's tax under this chapter for the taxable year shall be increased by the sum of-- ``(1) an amount equal to the amount which bears the same ratio to the total credit allowed to the taxpayer under subsection (a) as the taxpayer's share of the portion of such property which is out of compliance bears to the entire property, plus ``(2) interest at the underpayment rate established under section 6621 on the amount determined under paragraph (1) for each prior taxable year for the period beginning on the due date for filing the return for the taxable year for which the credit was allowed under subsection (a). No deduction shall be allowed under this chapter for interest described in paragraph (2).''. (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 affordable housing preservation credit determined under section 42A(a).''. (c) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45F the following new item: ``Sec. 42A. Affordable housing preservation credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003.

Affordable Housing Preservation Tax Relief Act of 2003 - Amends the Internal Revenue Code to establish an affordable housing credit for the qualified preservation sale or exchange of an eligible multifamily property to or with a preservation entity which agrees to maintain specified affordability and use restrictions regarding the property.

To amend the Internal Revenue Code of 1986 to provide an incentive to preserve affordable housing in multifamily housing units which are sold or exchanged.

SECTION 1. SHORT TITLE. This Act may be cited as the ``File Once FAFSA Act of 2016''. SEC. 2. FAFSA SIMPLIFICATION. (a) One-Time FAFSA Filing for Dependent Students.--Section 483(a) of the Higher Education Act of 1965 (20 U.S.C. 1090(a)) is amended by adding at the end the following: ``(13) One-time fafsa filing for dependent students.-- ``(A) In general.--Notwithstanding any other provision of this section and subject to subparagraphs (B) and (C), an applicant who submits a FAFSA for the first time during the period required for the completion of the first undergraduate baccalaureate course of study being pursued by such applicant and is determined to be a dependent student who is eligible to receive a Federal Pell Grant for the academic year for which the applicant submitted such FAFSA-- ``(i) for any succeeding academic year for which the applicant does not submit a FAFSA and for which the applicant submits a certification form described in subparagraph (D) based on which the Secretary confirms that the applicant is a dependent student for such year-- ``(I) shall not be required to submit a FAFSA to receive financial assistance under this title; and ``(II) shall have an expected family contribution for such year that is equal to the expected family contribution of the applicant determined for the academic year for which the applicant submitted a FAFSA during such period, except that an adjustment to such expected family contribution may be made under section 479A; ``(ii) if the applicant submits a FAFSA for any succeeding academic year-- ``(I) shall have an expected family contribution for such year that is determined based on such FAFSA; and ``(II) shall be required to submit a FAFSA for any other academic year for which the applicant seeks financial assistance under this title; and ``(iii) if the applicant is determined to be an independent student for any succeeding academic year or does not submit a certification form described in subparagraph (D), shall submit a FAFSA for such succeeding academic year and any other academic year for which the applicant seeks financial assistance under this title. ``(B) Adjustment of expected family contribution.-- With respect to an applicant described in subparagraph (A)(i) who receives an adjustment under section 479A to the expected family contribution of the applicant for an academic year, for any succeeding academic year after the academic year for which the adjustment was made, subclause (II) of such subparagraph shall be applied to such applicant by substituting `expected family contribution of the applicant as most recently adjusted under section 479A for such applicant' for the `expected family contribution of the applicant determined for the academic year for which the applicant submitted a FAFSA during such period'. ``(C) Rule for certain students.--With respect to an applicant who submits a FAFSA for academic year 2016-2017 and enrolls in an institution of higher education for such year, subparagraph (A) shall be applied-- ``(i) in the matter preceding clause (i), by substituting `academic year 2016-2017' for `the first time'; and ``(ii) in clause (i)(II), by substituting `academic year 2016-2017' for `the academic year for which the applicant submitted a FAFSA during such period'. ``(D) Dependent student certification form.--The Secretary, in cooperation with representatives of agencies and organizations involved in student financial assistance, shall use behavioral science insights to produce, distribute, and process free of charge a short and simple consumer-tested dependent student certification form that uses skip logic to bypass fields that are inapplicable to an applicant. Such form shall not require an applicant to provide data that the Secretary may otherwise obtain with respect to the applicant (such as age or active duty military status), and may only contain the data elements required for purposes of subparagraph (A)(i)-- ``(i) to confirm that the applicant is a dependent student; ``(ii) to allow the applicant to update the contact information of such applicant or the Federal School Code of the institution of higher education in which the applicant is, or will be enrolled, for the academic year for which the applicant submits such form; and ``(iii) to ask whether the applicant's need and eligibility for financial assistance under this title has not changed substantially since the most recent of the following: ``(I) The applicant submitted a FAFSA. ``(II) The applicant received an adjustment under section 479A to the expected family contribution of the applicant. ``(E) Succeeding academic year defined.--In this paragraph, the term `succeeding academic year'-- ``(i) when used with respect to an applicant who submits a FAFSA for the first time for an academic year during the period required for the completion of the first undergraduate baccalaureate course of study being pursued by such applicant, means any academic year during such period that follows the academic year for which the applicant submits such FAFSA; and ``(ii) when used with respect to an applicant described in subparagraph (C), means any academic year after academic year 2016-2017 during the period required for the completion of the first undergraduate baccalaureate course of study being pursued by such applicant.''. (b) Effective Date.--The amendment made by this section shall be effective with respect to determining the expected family contribution of applicants for award year 2017-2018 and each succeeding award year.

File Once FAFSA Act of 2016 This bill amends the Higher Education Act of 1965 to revise the Free Application for Federal Student Aid process for low-income students applying for Federal Pell Grants. Specifically, the bill allows dependent students to apply for aid once. Thus, students who receive Pell Grants need not apply again in subsequent years, unless they become independent of their family.

File Once FAFSA Act of 2016

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Tobacco Health and Safety Act''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Food, Drug, and Cosmetic Act. SEC. 2. FINDINGS. The Congress finds that-- (1) cigarette smoking and the use of smokeless tobacco products continue to represent a major health hazard to the American public, (2) cigarette smoking continues to be the single most preventable cause of death and disability in the United States, (3) tobacco products contain hazardous tobacco additives, gases, and other chemical constituents dangerous to health, (4) the use of tobacco products cost the United States in excess of $60,000,000,000 in lost productivity and health care costs, (5) tobacco products contain nicotine, a poisonous addictive drug, (6) the tobacco industry has maintained that smoking is an adult practice and that smoking and the use of smokeless tobacco is not a practice to be carried out by young people, (7) 60 percent of all new smokers are under the age of 14 years of age, (8) despite the known adverse health effects associated with tobacco, it remains one of the least regulated consumer products, (9) in one year alone, 1990, the tobacco industry spent more than $4,000,000,000 to promote and sell its products, (10) the Congress of the United States has a major policy- setting role in ensuring that the use of tobacco products is discouraged to the maximum extent possible, and (11) creation of a separate chapter for tobacco under the Federal Food, Drug, and Cosmetic Act assures the most effective means of regulating the product without the product being banned. SEC. 3. DEFINITIONS. Section 201 (21 U.S.C. 321) is amended by adding at the end thereof the following new paragraphs: ``(bb) The term `tobacco product' means cigarettes, cigars, little cigars, pipe tobacco, smokeless tobacco, snuff, and chewing tobacco. ``(cc) The term `tobacco additive' means any substance the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any tobacco product. ``(dd) The term `constituent' means any element of cigarette mainstream or sidestream smoke which is present in quantities which represent a potential health hazard or where health effect is unknown. ``(ee) The term `tar' means mainstream total articulate matter minus nicotine and water.''. SEC. 4. ENFORCEMENT. Section 301 (21 U.S.C. 331) is amended by adding at the end thereof the following new subsection: ``(t) The sale or distribution of tobacco products in violation of section 701 and the manufacture, importation, or packaging of tobacco products in violation of section 705.''. SEC. 5. REGULATION. (a) Regulation.--The Federal Food, Drug, and Cosmetic Act is amended by redesignating chapters VII, VIII, and IX as chapters VIII, IX, and X, respectively, and by adding after chapter VI the following: ``CHAPTER VII--TOBACCO PRODUCTS ``prohibited acts ``Sec. 701. (a) It shall be unlawful for a tobacco product intended for use by man which contains nicotine or tobacco additives or, because of its pharmacological and toxicological effects or other potentiality for harmful effects, presents risks to health-- ``(1) to be sold to any person under the age of 18 years or under such other age, greater than 18, as the State in which the sale occurs may by law establish, ``(2) to be distributed if the product is misbranded as prescribed by section 702, ``(3) to be distributed if the product is adulterated as prescribed by section 703, or ``(4) to be distributed as a free sample or to be made available as the result of coupons or other materials which allow for the obtaining of free or discounted tobacco products. ``(b)(1) In carrying out the requirements of subsection (a)(1), States shall enact such laws and promulgate such regulations as may be necessary to ensure compliance. ``(2) If the Secretary finds that-- ``(A) the implementation and enforcement of State laws and regulations is insufficient to require compliance with the requirement of subsection (a)(1), and ``(B) Federal regulation will provide the only reasonable assurance of the inaccessibility of tobacco products to those who are lawfully prohibited from purchasing such products, the Secretary may, to assist in enforcing such requirement, by regulation impose requirements on the form, manner, or location of the sale of tobacco products in such State or on any combination of such aspects of the sale of tobacco products. A tobacco product which is sold or distributed in violation of subsection (a)(1) or (a)(4) shall be considered a misbranded tobacco product. ``misbranded tobacco products ``Sec. 702. (a) A tobacco product shall be deemed to be misbranded-- ``(1) if its labeling is false or misleading in any particular, ``(2) if the labeling fails to contain the statements required by section 4 of the Cigarette Labeling and Advertising Act (15 U.S.C. 1333) and the Comprehensive Smokeless Tobacco Health Education Act (15 U.S.C. 4401 et. seq.), ``(3) if the labeling fails to contain the statement `Federal Law Prohibits Sale to Minors' in a prominent and conspicuous place as prescribed by regulation by the Secretary, ``(4) if in package form, unless it bears a label containing-- ``(A) the name and place of business of the manufacturer, packer, or distributor, and ``(B) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, except that under regulations of the Secretary reasonable variations from the requirements of this paragraph shall be permitted and exemptions from such requirements for small packages shall be established, ``(5) if the manufacturer, importer, or packager of the product does not provide the list of tobacco additives contained in the product in accordance with section 704(a), ``(6) if it does not disclose the tobacco additives contained in the product as required under section 704(b), or ``(7) if it does not disclose tar, nicotine, carbon monoxide, and other constituents as required under section 705. ``(b) The Secretary may by regulation require that the manufacturer of tobacco products provide consumers of tobacco products with additional information, by way of additional labeling of packages, requiring inserts or other means, about the adverse effects of tobacco products, adequate warnings and directions for use, contraindications, adequate warnings against use in pathological conditions, and any information deemed necessary by the Secretary. ``(c)(1) Nothing in this chapter or the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333 et seq.) shall prohibit a manufacturer of tobacco products from providing consumers with information about the adverse effects of tobacco products in addition to the information they are required to provide pursuant to this chapter and the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333 et seq.). ``(2) The Secretary shall have the authority to modify existing warning labels as required by the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act so long as such modifications do not weaken the health message contained in such warnings. ``adulterated tobacco products ``Sec. 703. A tobacco product shall be deemed to be adulterated-- ``(1) if the level of any tobacco additive contained in the product is in violation of a requirement under section 704(b), ``(2) if the nicotine, tar, carbon monoxide, or other harmful constituent level has not been established under section 705, ``(3) if it bears or contains any added poisonous or deleterious substance which may render it injurious to health, ``(4) if it contains in whole or in part any filthy, putrid, or decomposed substance, ``(5) if it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health, or ``(6) if its container or packaging is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health. ``tobacco additives ``Sec. 704. (a) It shall be unlawful for any person to manufacture, import, or package for sale or distribution within the United States any tobacco product unless such person has provided to the Secretary a complete list of each tobacco additive used in the manufacture of such tobacco product and the relative quantity of such additive. ``(b)(1) The Secretary shall by regulation prescribe any disclosure requirements on packages of tobacco products or by any other means in order to adequately inform the public of the tobacco additives contained in tobacco products. ``(2) If the Secretary determines that any tobacco additive in a tobacco product, either by itself or in conjunction with any other additive, is unsafe and presents unnecessary increased risks to health, the Secretary may require that such levels of the tobacco additive in the tobacco product be reduced or that it be prohibited from use. The Secretary may make such a determination only with the advice of experts qualified by scientific training and experience to evaluate the safety of tobacco additives. ``nicotine, tar, carbon monoxide, and other constituents ``Sec. 705. (a) It shall be unlawful for any person to manufacture, import, or package for sale or distribution within the United States any tobacco product unless such person has provided the Secretary with a complete list of all brands of such tobacco products and until such products have been tested by the Secretary to establish the tar, nicotine, carbon monoxide, and other constituent (as determined by the Secretary) levels for each brand. ``(b) The Secretary may by regulation prescribe any disclosure requirements on packages of tobacco products or by any other means to adequately inform the public of the quantities and levels of nicotine, tar, carbon monoxide, or other constituents and initiate and carry out any educational activities to adequately inform the public that any reduced levels of nicotine, tar, carbon monoxide, or other constituents do not necessarily constitute a reduced health risk. ``reports ``Sec. 706. The Secretary shall report annually to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate on-- ``(1) the use of tobacco additives in tobacco products, including a list of tobacco additives which have been prohibited from use in tobacco products, ``(2) the levels of nicotine, tar, carbon monoxide, and other potentially harmful constituents in tobacco products or tobacco smoke and any actions the Secretary has taken to reduce the levels of these constituents, and ``(3) any legislative recommendations that would further reduce the risk to health associated with the use of tobacco products, tobacco additives, nicotine, tar, or other potentially harmful constituents.''. (b) Conforming Amendments.--Sections 701 through 709 are redesignated as sections 801 through 809, respectively, sections 801 and 802 are redesignated as sections 901 and 902, respectively, and sections 901 and 902 are redesignated as sections 1001 and 1002, respectively. SEC. 6. WARNING LABELS. Section 4(a) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333(a)) is amended by striking out in paragraphs (1), (2), and (3) the phrase ``surgeon general's warning: Cigarette Smoke Contains Carbon Monoxide,'' and inserting in lieu thereof the following: ``surgeon general's warning: Smoking is Addictive. Once you start you may not be able to stop.'' SEC. 7. NONTOBACCO NICOTINE CONTAINING PRODUCTS. Any product which contains nicotine but does not meet the definition of tobacco products as contained in section 201(bb) of the Federal Food, Drug, and Cosmetic Act shall be deemed to be a drug under section 201(g)(1)(C) of such Act. SEC. 8. MISCELLANEOUS. (a) Construction.--Nothing in the amendment made by section 5 shall supersede, repeal, or modify any requirement of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333), and the Comprehensive Smokeless Tobacco Health Education Act (15 U.S.C. 4401 et. seq.). (b) Effective Date.--The amendments made by this Act shall be effective 6 months after date of enactment.

Tobacco Health and Safety Act - Amends the Federal Food, Drug, and Cosmetic Act to create a new chapter on tobacco products. Prohibits the distribution of free samples of tobacco products. Restricts sales of such products to minors. Prohibits sales unless there is disclosure of the tobacco additives in the product, as well as of tar, nicotine, carbon monoxide, and other constituents of the product. Revises the Surgeon General's warning message on tobacco products.

Tobacco Health and Safety Act

SEC. 1. SHORT TITLE. This Act may be cited as the ``Las Vegas Wash Wetlands Restoration and Lake Mead Water Quality Improvement Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Las Vegas Wash is a significant ecosystem of desert wetland created by treated effluent return flows, urban runoff, and flood events from the Las Vegas Valley; (2) a healthy wetland ecosystem in the Las Vegas Wash would improve water quality in the Las Vegas Bay, the Lake Mead National Recreation Area, and the lower Colorado River, which is critical habitat for endangered and threatened fish and wildlife populations; (3) the Secretary of the Interior delivers municipal, industrial, and agricultural water from the Colorado River to millions of people in Nevada, Arizona, and California; (4) a significant concern relating to water quality in Lake Mead is the transmission of contaminants to the Colorado River through the Las Vegas Wash from shallow ground water seepage originating at an industrial complex located in the southeast part of the Las Vegas Valley, Nevada; (5) such industrial complex was constructed by the Federal Government during World War II to manufacture products required by the Department of Defense, including perchlorate, which is an essential component of rocket fuel used exclusively by the Federal Government; (6) over the past 20 years the Las Vegas Wash wetland has been significantly eroded and deteriorated by flash floods, increasing treated effluent flows, urban runoff, and polluted shallow groundwater seepage; (7) the loss of the Las Vegas Wash wetland is having an adverse impact on wildlife habitat; (8) the Las Vegas Wash wetland is a unique opportunity to experience a wetland environment providing educational, cultural, environmental, and recreation benefits to the community of southern Nevada; (9) as recommended by a citizens' water quality advisory committee in 1998, the Las Vegas Wash Coordination Committee, including Federal, State, and local agencies, was formed to establish a comprehensive adaptive management plan for the Las Vegas Wash wetland; (10) from 1998 to 1999, the Committee engaged in an extensive public process to evaluate the multifaceted challenges associated with the restoration of the Las Vegas Wash wetland; (11) in October of 1999, the Committee initiated a process for public comment on a comprehensive adaptive management plan; (12) in January 2000, the adaptive management plan was approved by the Board of the Southern Nevada Water Authority, which is the coordinating agency for the Committee; and (13) the adaptive management plan calls for a partnership among Federal, State and local agencies with an interest in Las Vegas Wash wetland. (b) Purposes.--The purposes of this Act are-- (1) to recognize the importance of the restoration of the Las Vegas Wash wetland to water quality in the Colorado River and a desert wetland ecosystem; (2) to direct the affected Federal agencies to participate constructively in the implementation of the Las Vegas Wash Wetland Restoration and Lake Mead Water Quality Improvement Project under the comprehensive adaptive management plan; and (3) to authorize such sums as are necessary for the affected Federal agencies to carry out specific tasks required by the Project in partnership with the authority and other State and local agencies involved in the Las Vegas Wash Coordination Committee. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Authority.--The term ``Authority'' means the Southern Nevada Water Authority, organized under the law of the State of Nevada. (2) Committee.--The term ``Committee'' means the 28-member Las Vegas Wash Coordination Committee, including representatives of-- (A) the Army Corps of Engineers; (B) the Environmental Protection Agency; (C) the United States Fish and Wildlife Service; (D) the National Park Service; (E) the Bureau of Reclamation; (F) the Natural Resources Conservation Service; (G) the Southern Nevada Water Authority; (H) the Nevada Division of Environmental Protection, Clark County, Nevada (including the Clark County Department of Parks and Recreation); (I) the Clark County Sanitation District; (J) the cities of Las Vegas, North Las Vegas, and Henderson, Nevada; (K) the Clark County Regional Flood Control District; (L) other Federal, State, and local agencies; (M) environmental groups; and (N) private citizens. (3) Project.-- (A) In general.--The term ``Project'' means the Las Vegas Wash Wetlands Restoration and Lake Mead Water Quality Improvement Project. (B) Inclusions.--Such term includes the programs, features, components, projects, and activities identified in the Comprehensive Adaptive Management Plan for the Las Vegas Wash developed by the Committee and dated January 20, 2000. SEC. 4. PARTICIPATION IN THE PROJECT. (a) In General.--In addition to any other authority granted under Federal law, the Secretary of the Army, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and the Secretary of the Interior may participate in the continued development and implementation of the Project. (b) Federal Assistance.--The Secretary of the Army, the Administrator of the Environmental Protection Agency, and the Secretary of the Interior shall provide with respect to the Project such technical assistance, interagency coordination, and funding for-- (1) the collection and modeling of hydrologic data for water quality; and (2) the design and construction of-- (A) erosion control facilities; (B) wetland restoration features; (C) ground water interdiction facilities; (D) treated effluent transport diffusion and reuse features; (E) water quality improvement facilities; and (F) any other project features developed under the Las Vegas Wash Comprehensive Adaptive Management Plan. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Directs the Administrator and the Secretaries of the Army and Interior to provide, with respect to the Project, technical assistance, interagency coordination, and funding for: (1) the collection and modeling of hydrologic data for water quality; and (2) the design and construction of erosion control facilities, wetland restoration features, ground water interdiction facilities, treated effluent transport diffusion and reuse features, water quality improvement facilities, and other project features developed under the Las Vegas Wash Comprehensive Adaptive Management Plan. Authorizes appropriations.

Las Vegas Wash Wetlands Restoration and Lake Mead Water Quality Improvement Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Substitute Adult Day Care Services Act of 1998''. SEC. 2. COVERAGE OF SUBSTITUTE ADULT DAY CARE SERVICES UNDER MEDICARE. (a) Substitute Adult Day Care Services Benefit.-- (1) In general.--Section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended-- (A) in the matter preceding paragraph (1), by inserting ``or paragraph (8)'' after ``paragraph (7)''; (B) in paragraph (6), by striking ``and'' at the end; (C) in paragraph (7), by adding ``and'' at the end; and (D) by inserting after paragraph (7), the following new paragraph: ``(8) substitute adult day care services (as defined in subsection (uu));''. (2) Substitute adult day care services defined.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Substitute Adult Day Care Services; Adult Day Care Facility ``(uu)(1)(A) The term `substitute adult day care services' means the items and services described in subparagraph (B) furnished to an individual by an adult day care facility as a part of a plan under subsection (m) substituting such services for a portion of the items and services described in subparagraph (B)(i) furnished by a home health agency under the plan, as determined by the physician establishing the plan. ``(B) The items and services described in this subparagraph are the following items and services: ``(i) Items and services described in paragraphs (1) through (7) of subsection (m). ``(ii) Transportation of the individual to and from the adult day care facility in connection with any such item or service. ``(iii) Meals. ``(iv) A program of supervised activities designed to promote physical and mental health and furnished to the individual by the adult day care facility in a group setting for a period of not fewer than four and not greater than twelve hours per day. ``(2)(A) Except as provided in subparagraph (B), the term `adult day care facility' means a public agency or private organization, or a subdivision of such an agency or organization, that-- ``(i) is engaged in providing skilled nursing services and other therapeutic services; and ``(ii) meets the requirements of paragraphs (2) through (8) of subsection (o). ``(B) The Secretary may waive the requirement of a surety bond under paragraph (7) of subsection (o) in the case of an agency or organization that provides a comparable surety bond under State law. ``(C) For purposes of payment for home health services consisting of substitute adult day care services furnished under this title, any reference to a home health agency is deemed to be a reference to an adult day care facility.''. (3) Conforming amendments.--Sections 1814(a)(2)(C) and 1835(a)(2)(A)(i) of such Act (42 U.S.C. 1395f(a)(2)(C) and 42 U.S.C. 1395f(a)(2)(C)) are each amended by striking ``section 1861(m)(7)'' and inserting ``paragraph (7) or (8) of section 1861(m)''. (b) Payment for Substitute Adult Day Care Services.-- (1) Reasonable cost.--Section 1861(v)(1)(L) of such Act (42 U.S.C. 1395x(v)(1)(L)) is amended by adding at the end the following new clause: ``(viii) In the case home health services consisting of substitute adult day care services, the following rules apply: ``(I) The Secretary shall determine each component (as defined by the Secretary) of substitute adult day care services (under subsection (uu)(1)(B)(i)) furnished to an individual under the plan of care established under subsection (m) with respect to such services. ``(II) The Secretary shall estimate the amount that would otherwise be payable under this subparagraph for all home health services under that plan of care other than substitute adult day care services for a week or other period specified by the Secretary. ``(III) The total amount payable for home health services consisting of substitute adult day care services may not exceed 95 percent of the amount estimated to be payable under subclause (II) furnished under the plan by a home health agency. ``(IV) No payment may be made under this title for home health services consisting of substitute adult day care services described in clauses (ii), (iii), and (iv) of subsection (uu)(1)(B).''. (2) Prospective payment system.--Section 1895 of such Act (42 U.S.C. 1395fff) is amended by adding at the end the following new subsection: ``(e) Payment Rate for Substitue Adult Day Care Services.--In the case home health services consisting of substitute adult day care services, the following rules apply: ``(1) The Secretary shall determine each component (as defined by the Secretary) of substitute adult day care services (under section 1861(uu)(1)(B)(i)) furnished to an individual under the plan of care established under section 1861(m) with respect to such services. ``(2) The Secretary shall estimate the amount that would otherwise be payable under this section for all home health services under that plan of care other than substitute adult day care services for a week or other period specified by the Secretary. ``(3) The total amount payable for home health services consisting of substitute adult day care services may not exceed 95 percent of the amount estimated to be payable under paragraph (2) furnished under the plan by a home health agency. ``(4) No payment may be made under this title for home health services consisting of substitute adult day care services described in clauses (ii), (iii), and (iv) of section 1861(uu)(1)(B).''. (c) Adjustment in Case of Overutilization of Substitute Adult Day Care Services.-- (1) Monitoring expenditures.--The Secretary of Health and Human Services shall monitor the expenditures made under the Medicare Program under title XVIII of the Social Security Act for home health services furnished under section 1861(m) of such Act for a fiscal year beginning with fiscal year 2000, including substitute adult day care services under paragraph (8) of such section (as added by subsection (a)), and compare such expenditures to expenditures that the Secretary estimates would have been made for home health services for that fiscal year if subsection (a) had not been enacted. (2) Required reduction in payment rate.--If the Secretary determines, after making the comparison under paragraph (1) and making such adjustments for changes in demographics and age of the Medicare beneficiary population as the Secretary determines appropriate, that expenditures for home health services including such substitute adult day care services exceed expenditures that would have been made for home health services furnished under section 1861(m) of such Act for a year if subsection (a) had not been enacted, then the Secretary shall adjust the rate of payment so that total expenditures for home health services furnished under such section in a fiscal year does not exceed the Secretary's estimate of such expenditures if subsection (a) had not been enacted. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 1999.

Medicare Substitute Adult Day Care Services Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of substitute adult day care services. Directs the Secretary of Health and Human Services to monitor Medicare expenditures for home health services for a fiscal year, including substitute adult day care services, and compare them to expenditures that the Secretary estimates would have been made for home health services for that fiscal year if there had been no coverage of substitute adult day care services. Requires the Secretary, if home health service expenditures exceed such estimates, to adjust the rate of payment for home health services so that total expenditures do not exceed such estimates.

Medicare Substitute Adult Day Care Services Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Regulatory Risk Assessment Act of 1997''. SEC. 2. RISK ASSESSMENTS. (a) In General.--Chapter 6 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER II--RISK ASSESSMENTS ``Sec. 621. Definitions ``For purposes of this subchapter the definitions under section 551 shall apply and-- ``(1) the term `cost' means the reasonably identifiable significant adverse effects, including social, health, safety, environmental, economic, and distributional effects that are expected to result directly or indirectly from implementation of, or compliance with, a rule; ``(2) the term `Director' means the Director of the Office of Management and Budget, acting through the Administrator of the Office of Information and Regulatory Affairs; ``(3) the term `flexible regulatory options' means regulatory options that permit flexibility to regulated persons in achieving the objective of the statute as addressed by the rule making, including regulatory options that use market-based mechanisms, outcome oriented performance-based standards, or other options that promote flexibility; ``(4) the term `major rule' means a rule or a group of closely related rules that-- ``(A) the agency proposing the rule or the Director reasonably determines is likely to have an annual effect on the economy of $100,000,000 or more in reasonably quantifiable costs; or ``(B) is otherwise designated a major rule by the Director on the ground that the rule is likely to adversely affect, in a material way, the economy, a sector of the economy, including small business, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments, or communities; ``(5) the term `reasonable alternative' means a reasonable regulatory option that would achieve the objective of the statute as addressed by the rule making and that the agency has authority to adopt under the statute granting rule making authority, including flexible regulatory options; ``(6) the term `risk assessment' means the systematic process of organizing hazard and exposure assessments to estimate the potential for specific harm to exposed individuals, populations, or natural resources; ``(7) the term `rule' has the same meaning as in section 551(4), and shall not include-- ``(A) a rule exempt from notice and public comment procedure under section 553; ``(B) a rule that involves the internal revenue laws of the United States, or the assessment and collection of taxes, duties, or other revenue or receipts; ``(C) a rule of particular applicability that approves or prescribes for the future rates, wages, prices, services, corporate or financial structures, reorganizations, mergers, acquisitions, accounting practices, or disclosures bearing on any of the foregoing; ``(D) a rule relating to monetary policy proposed or promulgated by the Board of Governors of the Federal Reserve System or by the Federal Open Market Committee; ``(E) a rule relating to the safety or soundness of federally insured depository institutions or any affiliate of such an institution (as defined in section 2(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(k)); credit unions; the Federal Home Loan Banks; government-sponsored housing enterprises; a Farm Credit System Institution; foreign banks, and their branches, agencies, commercial lending companies or representative offices that operate in the United States and any affiliate of such foreign banks (as those terms are defined in the International Banking Act of 1978 (12 U.S.C. 3101)); or a rule relating to the payments system or the protection of deposit insurance funds or Farm Credit Insurance Fund; ``(F) a rule or order relating to the financial responsibility, recordkeeping, or reporting of brokers and dealers (including Government securities brokers and dealers) or futures commission merchants, the safeguarding of investor securities and funds or commodity future or options customer securities and funds, the clearance and settlement of securities, futures, or options transactions, or the suspension of trading under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) or emergency action taken under the Commodity Exchange Act (7 U.S.C. 1 et seq.), or a rule relating to the protection of the Securities Investor Protection Corporation, that is promulgated under the Securities Investor Protection Act of 1970 (15 U.S.C. 78aaa et seq.), or a rule relating to the custody of Government securities by depository institutions under section 3121 or 9110 of title 31; ``(G) a rule issued by the Federal Election Commission or a rule issued by the Federal Communications Commission under sections 312(a)(7) and 315 of the Communications Act of 1934 (47 U.S.C. 312(a)(7) and 315); ``(H) a rule required to be promulgated at least annually pursuant to statute; or ``(I) a rule or agency action relating to the public debt; and ``(8) the term `substitution risk' means an increased risk to health, safety, or the environment reasonably likely to result from a regulatory option. ``Sec. 622. Applicability ``Except as provided in section 623(d), this subchapter shall apply to all proposed and final major rules the primary purpose of which is to address health, safety, or environmental risk. ``Sec. 623. Risk assessments ``(a)(1) Before publishing a notice of a proposed rule making for any rule, each agency shall determine whether the rule is or is not a major rule covered by this subchapter. ``(2) The Director may designate any rule to be a major rule under section 621(4)(B), if the Director-- ``(A) makes such designation no later than 30 days after the close of the comment period for the rule; and ``(B) publishes such determination in the Federal Register together with a succinct statement of the basis for the determination within 30 days after such determination. ``(b)(1) When an agency publishes a notice of proposed rule making for a major rule to which section 624(a) applies, the agency shall prepare and place in the rule making file an initial risk assessment, and shall include a summary of such assessment in the notice of proposed rule making. ``(2)(A) When the Director has published a determination that a rule is a major rule to which section 624(a) applies, after the publication of the notice of proposed rule making for the rule, the agency shall promptly prepare and place in the rule making file an initial risk assessment for the rule and shall publish in the Federal Register a summary of such assessment. ``(B) Following the issuance of an initial risk assessment under subparagraph (A), the agency shall give interested persons an opportunity to comment under section 553 in the same manner as if the initial risk assessment had been issued with the notice of proposed rule making. ``(c)(1) When the agency publishes a final major rule to which section 624(a) applies, the agency shall also prepare and place in the rule making file a final risk assessment, and shall prepare a summary of the assessment. ``(2) Each final risk assessment shall address each of the requirements for the initial risk assessment under subsection (b), revised to reflect-- ``(A) any material changes made to the proposed rule by the agency after publication of the notice of proposed rule making; ``(B) any material changes made to the risk assessment; and ``(C) agency consideration of significant comments received regarding the proposed rule and the risk assessment. ``(d)(1) A major rule may be adopted without prior compliance with this subchapter if-- ``(A) the agency for good cause finds that conducting the risk assessment under this subchapter is contrary to the public interest due to an emergency, or an imminent threat to health or safety that is likely to result in significant harm to the public or the environment; and ``(B) the agency publishes in the Federal Register, together with such finding, a succinct statement of the basis for the finding. ``(2) If a major rule is adopted under paragraph (1), the agency shall comply with this subchapter as promptly as possible unless compliance would be unreasonable because the rule is, or soon will be, no longer in effect. ``Sec. 624. Principles for risk assessments ``(a)(1) Subject to paragraph (2), each agency shall design and conduct risk assessments in accordance with this subchapter for each proposed and final major rule , or that results in a significant substitution risk, in a manner that promotes rational and informed risk management decisions and informed public input into and understanding of the process of making agency decisions. ``(2) If a risk assessment under this subchapter is otherwise required by this section, but the agency determines that-- ``(A) a final rule subject to this subchapter is substantially similar to the proposed rule with respect to the risk being addressed; ``(B) a risk assessment for the proposed rule has been carried out in a manner consistent with this subchapter; and ``(C) a new risk assessment for the final rule is not required in order to respond to comments received during the period for comment on the proposed rule, the agency may publish such determination along with the final rule in lieu of preparing a new risk assessment for the final rule. ``(b) Each agency shall consider in each risk assessment reliable and reasonably available scientific information and shall describe the basis for selecting such scientific information. ``(c)(1) Each agency may use reasonable assumptions to the extent that relevant and reliable scientific information, including site- specific or substance-specific information, is not reasonably available. ``(2) When a risk assessment involves a choice of assumptions, the agency shall-- ``(A) identify the assumption and its scientific or policy basis, including the extent to which the assumption has been validated by, or conflicts with, empirical data; ``(B) explain the basis for any choices among assumptions and, where applicable, the basis for combining multiple assumptions; and ``(C) describe reasonable alternative assumptions that were considered but not selected by the agency for use in the risk assessment, how such alternative assumptions would have changed the conclusions of the risk assessment, and the rationale for not using such alternatives. ``(d) Each agency shall provide appropriate opportunity for public comment and participation during the development of a risk assessment. ``(e) Each risk assessment supporting a major rule under this subchapter shall include, as appropriate, each of the following: ``(1) A description of the hazard of concern. ``(2) A description of the populations or natural resources that are the subject of the risk assessment. ``(3) An explanation of the exposure scenarios used in the risk assessment, including an estimate of the corresponding population at risk and the likelihood of such exposure scenarios. ``(4) A description of the nature and severity of the harm that could reasonably occur as a result of exposure to the hazard. ``(5) A description of the major uncertainties in each component of the risk assessment and their influence on the results of the assessment. ``(f) To the extent scientifically appropriate, each agency shall-- ``(1) express the overall estimate of risk as a reasonable range or probability distribution that reflects variabilities, uncertainties, and lack of data in the analysis; ``(2) provide the range and distribution of risks and the corresponding exposure scenarios, identifying the range and distribution and likelihood of risk to the general population and, as appropriate, to more highly exposed or sensitive subpopulations, including the most plausible estimates of the risks; and ``(3) where quantitative estimates are not available, describe the qualitative factors influencing the range, distribution, and likelihood of possible risks. ``(g) When scientific information that permits relevant comparisons of risk is reasonably available, each agency shall use the information to place the nature and magnitude of a risk to health, safety, or the environment being analyzed in relationship to other reasonably comparable risks familiar to and routinely encountered by the general public. Such comparisons should consider relevant distinctions among risks, such as the voluntary or involuntary nature of risks. ``(h) When scientifically appropriate information on significant substitution risks to health, safety, or the environment is reasonably available to the agency, the agency shall describe such risks in the risk assessment. ``Sec. 625. Deadlines for rule making ``(a) All deadlines in statutes or imposed by a court of the United States, that require an agency to propose or promulgate any major rule to which section 624(a) applies, during the 2-year period beginning on the effective date of this section shall be suspended until the earlier of-- ``(1) the date on which the requirements of this subchapter are satisfied; or ``(2) the date occurring 6 months after the date of the applicable deadline. ``(b) In any case in which the failure to promulgate a major rule to which section 624(a) applies by a deadline occurring during the 2- year period beginning on the effective date of this section would create an obligation to regulate through individual adjudications, the deadline shall be suspended until the earlier of-- ``(1) the date on which the requirements of this subchapter are satisfied; or ``(2) the date occurring 6 months after the date of the applicable deadline. ``Sec. 626. Judicial review ``(a) Compliance or noncompliance by an agency with the provisions of this subchapter shall only be subject to judicial review in accordance with this section. ``(b) Any determination of an agency whether a rule is or is not a major rule under section 621(4)(A) shall be set aside by a reviewing court only upon a clear and convincing showing that the determination is erroneous in light of the information available to the agency at the time the agency made the determination. ``(c) Any determination by the Director that a rule is a major rule under section 621(4), or any failure to make such determination, shall not be subject to judicial review in any manner. ``(d) Any risk assessment required under this subchapter shall not be subject to judicial review separate from review of the final rule to which the assessment applies. Any risk assessment shall be part of the whole rule making record for purposes of judicial review of the rule and shall be considered by a court in determining whether the final rule is arbitrary or capricious unless the agency can demonstrate that the assessment would not be material to the outcome of the rule. ``(e) If an agency fails to perform the risk assessment, a court shall remand or invalidate the rule.''. (b) Presidential Authority.--Nothing in this Act shall limit the exercise by the President of the authority and responsibility that the President otherwise possesses under the Constitution and other laws of the United States with respect to regulatory policies, procedures, and programs of departments, agencies, and offices. (c) Technical and Conforming Amendments.-- (1) Part I of title 5, United States Code, is amended by striking the chapter heading and table of sections for chapter 6 and inserting the following: ``CHAPTER 6--THE ANALYSIS OF REGULATORY FUNCTIONS ``SUBCHAPTER I--ANALYSIS OF REGULATORY FLEXIBILITY ``Sec. ``601. Definitions. ``602. Regulatory agenda. ``603. Initial regulatory flexibility analysis. ``604. Final regulatory flexibility analysis. ``605. Avoidance of duplicative or unnecessary analyses. ``606. Effect on other law. ``607. Preparation of analysis. ``608. Procedure for waiver or delay of completion. ``609. Procedures for gathering comments. ``610. Periodic review of rules. ``611. Judicial review. ``612. Reports and intervention rights. ``SUBCHAPTER II--RISK ASSESSMENTS ``621. Definitions. ``622. Applicability. ``623. Risk assessments. ``624. Principles for risk assessments. ``625. Deadlines for rule making. ``626. Judicial review.''. (2) Chapter 6 of title 5, United States Code, is amended by inserting immediately before section 601, the following subchapter heading: ``SUBCHAPTER I--ANALYSIS OF REGULATORY FLEXIBILITY''. SEC. 3. EFFECTIVE DATE. Except as otherwise provided in this Act, this Act shall take effect 180 days after the date of enactment of this Act, but shall not apply to any agency rule for which a notice of proposed rulemaking is published on or before August 1, 1997.

Federal Regulatory Risk Assessment Act of 1997 - Amends Federal law concerning Government organization and employees to provide for the risk assessment of major regulatory rules by Federal agencies which address health, safety, or environmental risk. Sets forth provisions regarding: (1) principles for risk assessments; (2) deadlines for rule making; and (3) judicial review.

Federal Regulatory Risk Assessment Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Apprenticeship Improvement Act of 1991''. SEC. 2. ESTABLISHMENT OF INFORMATION COLLECTION SYSTEM. Section 2 of the Act of August 16, 1937 (50 Stat. 664; 29 U.S.C. 50), popularly known as the ``National Apprenticeship Act'', (hereinafter in this Act referred to as the ``Act'') is amended-- (1) by inserting ``(a)'' after ``Sec. 2.'', and (2) by adding at the end thereof the following new subsection: ``(b) The Secretary shall establish and maintain a national information collection system for apprenticeships and apprenticeship programs.''. SEC. 3. OUTREACH PROGRAM. The Act is further amended-- (1) by redesignating section 4 as section 5, and (2) by inserting after section 3 the following new section: ``Sec. 4. The Secretary shall assure that from the amounts appropriated to carry out this Act in each fiscal year, not less than 1 percent of such amounts shall be available to establish outreach recruitment activities to increase the participation of women, minorities, handicapped individuals, displaced workers, and disadvantaged individuals in the apprenticeship programs authorized by this Act.''. SEC. 4. ESTABLISHMENT OF BUREAU OF APPRENTICESHIP AND TRAINING; APPOINTMENT OF EMPLOYEES. (a) Establishment.--There is established in the Department of Labor, the Bureau of Apprenticeship and Training (hereinafter in this Act referred to as the ``Bureau'') which shall carry out the policies and functions of this Act in behalf of the Secretary of Labor (hereinafter in this Act referred to as the ``Secretary''). The Bureau shall be under the direction of an administrator to be known as the Administrator of the Bureau of Apprenticeship and Training. The Administrator shall report directly to the Secretary. (b) Transfer of Functions.--Functions of the Assistant Secretary for Employment and Training Administration of the Department of Labor with respect to the promotion of labor standards of apprenticeship, including research, information, and publications are transferred to the Bureau. Functions related to apprenticeship, including appropriate administrative and program support services, together with personnel necessary to the administration of such functions, and unexpended balances of appropriations and other funds related thereto, are transferred to the Bureau. (c) Appointment of Employees.--The Secretary is authorized to appoint such employees as may be necessary for the administration of this Act in accordance with laws applicable to the appointment and compensation of employees and advisors of the United States. SEC. 5. INCREASE IN FORCE. (a) In General.--The Secretary shall increase the force within the Bureau to 377 full-time employees no later than January 1, 1992. (b) Consideration of Employees Working Less Than Full Time.--In the administration of subsection (a)-- (1) a part-time employee shall be counted as a fraction, the numerator of which is the number corresponding to the average number of hours in such employee's regularly scheduled workweek and the denominator of which is 40; and (2) an individual employed on a temporary or intermittent basis shall not be counted. SEC. 6. LIMITATIONS ON REDUCTION IN FORCE. (a) In General.--A reduction in force may not be conducted within the Bureau if-- (1) the reduction in force would reduce the total number of civilian employees within such Bureau; and (2) such total number, after the reduction in force, would be less than the equivalent of 377 full-time employees. (b) Consideration of Employees Working Less Than Full Time.--In the administration of subsection (a)-- (1) a part-time employee shall be counted as a fraction, the numerator of which is the number corresponding to the average number of hours in such employee's regularly scheduled workweek and the denominator of which is 40; and (2) an individual employed on a temporary or intermittent basis shall not be counted. SEC. 7. REPORT. (a) In General.--The Secretary shall prepare and submit to the Congress, not later than 6 months after the date of enactment of this Act, a detailed report concerning whether the apprenticeship program conducted by the Department of Labor under the Act of August 16, 1937 (50 Stat. 664; 29 U.S.C. 50), complies with regulations governing equal opportunity. (b) Contents of Report.--The report required by this section shall include-- (1) a detailed description of activities carried out by the Department of Labor to ensure compliance; (2) a list of compliance reviews undertaken by the Department; and (3) a description of any sanctions imposed as a result of the compliance reviews.

Apprenticeship Improvement Act of 1991 (sic) - Amends the National Apprenticeship Act to direct the Secretary of Labor to establish and maintain a national information collection system for apprenticeships and apprenticeship programs. Requires the Secretary to reserve at least one percent of appropriations under such Act to establish outreach recruitment activities to increase the participation of women and minorities, handicapped individuals, displaced workers, and disadvantaged individuals in the apprenticeship programs. Establishes the Bureau of Apprenticeship and Training (the Bureau) in the Department of Labor, under the direction of the Administrator of the Bureau of Apprenticeship and Training. Transfers to the Bureau all functions of the Assistant Secretary for Employment and Training Administration with respect to the promotion of labor standards of apprenticeship, including research, information, and publications. Transfers to the Bureau all functions related to apprenticeship, including appropriate administrative and program support services, together with necessary personnel and related funds. Directs the Secretary to increase the force within the Bureau to a specified number of full-time employees. Limits the authority to conduct reductions in force within the Bureau. Directs the Secretary to report to the Congress within six months on whether the apprenticeship program complies with regulations governing equal opportunity.

Apprenticeship Improvement Act of 1991

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Manufacturing Strategy Act of 2010''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States Government should promote policies related to the Nation's manufacturing sector that are intended to promote growth, sustainability, and competitiveness; create well-paying, decent jobs; enable innovation and investment; and support national security; and (2) the President and Congress should act promptly to pursue policies consistent with a National Manufacturing Strategy. SEC. 3. NATIONAL MANUFACTURING STRATEGY. (a) Strategy Required.--Not later than the first day of July of the second year of each Presidential term, the President shall submit to Congress, and publish on a public website, a National Manufacturing Strategy. (b) Deadline for First National Manufacturing Strategy.-- Notwithstanding subsection (a), the President shall issue the first National Manufacturing Strategy not later than the date that is one year after the date of the enactment of this Act. SEC. 4. PRESIDENT'S MANUFACTURING STRATEGY BOARD. (a) In General.--The President shall establish, within the Department of Commerce, the President's Manufacturing Strategy Board. (b) Public Sector Members.--The President's Manufacturing Strategy Board shall include the following individuals: (1) The Secretary or head (or the designee of the Secretary or head) of each of the following organizations: (A) The Department of the Treasury. (B) The Department of Defense. (C) The Department of Commerce. (D) The Department of Labor. (E) The Department of Energy. (F) The Office of the United States Trade Representative. (G) The Office of Management and Budget. (H) The Office of Science and Technology Policy. (I) The Small Business Administration. (J) Other Federal agencies the President determines appropriate. (2) The Governors of two States, from different political parties, appointed by the President in consultation with the National Governors Association. (c) Private Sector Members.-- (1) In general.--The President's Manufacturing Strategy Board shall further include 9 individuals from the private sector, appointed by the President after consultation with industry and labor organizations, including individuals with experience in the areas of-- (A) managing manufacturing companies; (B) managing supply chain providers; (C) managing labor organizations; (D) workforce development; (E) conducting manufacturing-related research and development; and (F) the defense industrial base. (2) Balance in representation.--In making appointments of private sector members to the President's Manufacturing Strategy Board under paragraph (1), the President shall seek to ensure that the individuals appointed represent a balance among and within regions, sizes of firms, and industries of the manufacturing sector. (3) Terms.-- (A) In general.--Each member appointed under this subsection shall be appointed for a term of 6 years, except as provided in subparagraphs (B) and (C). (B) Terms of initial appointees.--As designated by the President at the time of appointment, of the members first appointed-- (i) 3 shall be appointed for a term of 2 years; (ii) 3 shall be appointed for a term of 4 years; and (iii) 3 shall be appointed for a term of 6 years. (C) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a new member has been appointed. (d) Chair and Vice Chair.-- (1) Chair.--The Secretary of Commerce (or the designee of the Secretary) shall serve as the Chair of the President's Manufacturing Strategy Board. (2) Vice chair.--The President shall appoint the Vice Chair of the President's Manufacturing Strategy Board from among the private sector members appointed by the President under subsection (c). (e) Subgroups.--The President's Manufacturing Strategy Board may convene subgroups to address particular industries, policy topics, or other matters. Such subgroups may include members representing any of the following: (1) Such other Federal agencies as the Chair determines appropriate. (2) State, local, tribal, and Territorial governments. (3) The private sector, including labor, industry, academia, trade associations, and other appropriate groups. (f) Meetings.-- (1) Timing of meetings.--The President's Manufacturing Strategy Board shall meet at the call of the Chair. (2) Frequency of meetings.--The President's Manufacturing Strategy Board shall meet not less than 2 times each year, and not less than 4 times in a year preceding the issuance of a National Manufacturing Strategy required under section 3(a). (3) Public meetings required.--The President's Manufacturing Strategy Board shall convene public meetings to solicit views on the Nation's manufacturing sector and recommendations for the National Manufacturing Strategy. (4) Locations of public meetings.--The locations of public meetings convened under paragraph (3) shall ensure the inclusion of multiple regions and industries of the manufacturing sector. (g) Application of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.), other than section 14 of such Act, shall apply to the President's Manufacturing Strategy Board, including any subgroups established pursuant subsection (e). SEC. 5. DUTIES OF THE PRESIDENT'S MANUFACTURING STRATEGY BOARD. (a) In General.--The President's Manufacturing Strategy Board shall-- (1) advise the President and Congress on issues affecting the Nation's manufacturing sector; (2) conduct a comprehensive analysis in accordance with subsection (b); (3) develop a National Manufacturing Strategy in accordance with subsection (c); (4) submit to the President and Congress an annual report under subsection (d); and (5) carry out other activities determined appropriate by the President. (b) Comprehensive Analysis.--In developing each National Manufacturing Strategy under subsection (c), the President's Manufacturing Strategy Board shall conduct a comprehensive analysis of the Nation's manufacturing sector that addresses-- (1) the value and role, both historic and current, of manufacturing in the Nation's economy, security, and global leadership; (2) the current domestic and international environment for the Nation's manufacturing sector, and any relevant subset thereof; (3) Federal, State, local, and Territorial policies, programs, and conditions that affect manufacturing; (4) a comparison of the manufacturing policies and strategies of the United States relative to other nations' policies and strategies; (5) the identification of emerging or evolving markets, technologies, and products for which the Nation's manufacturers could compete; (6) the short- and long-term forecasts for the Nation's manufacturing sector, and forecasts of expected national and international trends and factors likely to affect such sector in the future; and (7) any other matters affecting the competitiveness, growth, stability, and sustainability of the Nation's manufacturing sector, including-- (A) levels of domestic production; (B) productivity; (C) the trade balance; (D) financing and investment; (E) research and development; (F) job creation and employment disparities; (G) workforce skills and development; and (H) adequacy of the industrial base for maintaining national security. (c) National Manufacturing Strategy.-- (1) Development.--The President's Manufacturing Strategy Board shall develop a National Manufacturing Strategy, based on-- (A) the results of the comprehensive analysis conducted under subsection (b); (B) the studies carried out by the National Academy of Sciences pursuant to section 7; and (C) any other information, studies, or perspectives that the President's Manufacturing Strategy Board determines to be appropriate. (2) Goals and recommendations.-- (A) Goals.--The President's Manufacturing Strategy Board shall include in each National Manufacturing Strategy short- and long-term goals for the Nation's manufacturing sector, taking into account the matters addressed in the comprehensive analysis conducted under subsection (b). (B) Recommendations.--The President's Manufacturing Strategy Board shall include in each National Manufacturing Strategy recommendations for achieving the goals provided under subparagraph (A). Such recommendations may propose-- (i) actions to be taken by the President, Congress, State, local, and Territorial governments, the private sector, universities, industry associations, and other stakeholders; and (ii) ways to improve Government policies, coordination among entities developing such policies, and Government interaction with the manufacturing sector. (3) Report.-- (A) Draft.--Not later than 90 days before the date on which the President is required to submit to Congress a report containing a National Manufacturing Strategy under section 3, the President's Manufacturing Strategy Board shall publish in the Federal Register and on a public website a draft report containing a National Manufacturing Strategy. (B) Public comment; review and revision.--A draft report published under subparagraph (A) shall remain available for public comment for a period of 30 days from the date of publication. The President's Manufacturing Strategy Board shall review any comments received regarding such draft report and may revise the draft report based upon those comments. (C) Publication.--Not later than 30 days before the date on which the President is required to submit to Congress a report containing a National Manufacturing Strategy under section 3, the President's Manufacturing Strategy Board shall submit to the President for review and revision a final report containing a National Manufacturing Strategy, and shall publish such final report on a public website. (D) Estimates.--The final report submitted under subparagraph (C) shall include-- (i) when feasible, an estimate of the short- and long-term Federal Government outlays and revenue changes necessary to implement the National Manufacturing Strategy and an estimate of savings that may be derived from implementation of the National Manufacturing Strategy; (ii) a detailed explanation of the methods and analysis used to determine the estimates included under clause (i); and (iii) detailed recommendations regarding how to pay for the cost of implementation estimated under clause (i), when feasible. (d) Annual Report.--Not later than the date that is one year after the date on which the first National Manufacturing Strategy is published under section 3, and annually thereafter, the President's Manufacturing Strategy Board shall submit to the President and Congress a report that includes-- (1) views on the current state of manufacturing in the United States; (2) an assessment of the implementation of previously issued National Manufacturing Strategies; (3) recommendations for furthering the implementation of previously issued National Manufacturing Strategies; and (4) any suggested revisions to the estimate required under section 5(c)(3)(D)(i) to implement the recommendations included under paragraph (3). (e) Consultation.--In order to gain perspectives and avoid duplication of efforts, the President's Manufacturing Strategy Board shall consult on manufacturing issues with the Defense Science Board, the President's Council of Advisors on Science and Technology, the Manufacturing Council established by the Department of Commerce, and the Labor Advisory Committee for Trade Negotiations and Trade Policy, and may consult with other relevant governmental entities or the private sector. SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF NATIONAL MANUFACTURING STRATEGY. Not later than the first day of April in calendar years 2013, 2017, and 2021, the Comptroller General shall submit to Congress a report regarding the National Manufacturing Strategy published under section 3. The report shall include-- (1) an assessment of whether the recommendations from such National Manufacturing Strategy, and any preceding National Manufacturing Strategies, were implemented; (2) an analysis of the impact of such recommendations, to the extent data are available; (3) a review of the process involved in developing such National Manufacturing Strategy and any preceding National Manufacturing Strategies; and (4) recommendations for improvements in developing the next National Manufacturing Strategy. SEC. 7. STUDIES. (a) Quadrennial Study.-- (1) In general.--In developing each National Manufacturing Strategy, the President, acting through the Secretary of Commerce, shall enter into an agreement with the National Academy of Sciences to conduct a study in accordance with this subsection. (2) Elements.--The study shall examine the following: (A) The current state of manufacturing in the United States. (B) Federal programs and activities related to manufacturing systems. (C) The ways in which Federal policies affect manufacturing, and likely future trends in manufacturing if such policies remain unchanged. (D) Various possible approaches for evaluating the implementation of the National Manufacturing Strategy. (E) An assessment of the trends and short- and long-term forecasts of manufacturing. (F) A review of the trends and short- and long-term forecasts of manufacturing relied upon in previous National Manufacturing Strategies as compared with actual events and trends. (3) Report.--The agreement entered into under paragraph (1) shall provide that not later than the first day of April of the first year of each Presidential term, the National Academy of Sciences shall submit to Congress and the President a report containing the findings of the study. (4) Deadline for first report.--Notwithstanding paragraph (3), the first agreement entered into under this subsection shall provide that the National Academy of Sciences shall submit to Congress and the President a report containing the findings of the study not later than 2 years after the date such agreement is entered into. (5) Deadline for subsequent agreements.--After the first agreement entered into under this subsection, all subsequent agreements under this subsection shall be entered into not later than 18 months before the deadline for submission of the corresponding report under paragraph (3). (b) Discretionary Studies.--The President, acting through the Secretary of Commerce, may enter into further agreements with the National Academy of Sciences as necessary to develop studies to provide information for future National Manufacturing Strategies. SEC. 8. REQUIREMENT TO CONSIDER NATIONAL MANUFACTURING STRATEGY IN BUDGET. In preparing the budget for a fiscal year under section 1105(a) of title 31, United States Code, the President shall include information regarding the consistency of the budget with the goals and recommendations included in National Manufacturing Strategy covering that fiscal year. Passed the House of Representatives July 28, 2010. Attest: LORRAINE C. MILLER, Clerk.

National Manufacturing Strategy Act of 2010 - Expresses the sense of Congress that: (1) the U.S. government should promote policies related to the nation's manufacturing sector intended to promote growth, sustainability, and competitiveness, create well-paying jobs, enable innovation and investment, and support national security; and (2) the President and Congress should act promptly to pursue policies consistent with a National Manufacturing Strategy (Strategy). Directs the President, every four years, to submit to Congress, and publish on a public website, a Strategy. Requires the first Strategy to be submitted within one year after enactment of this Act. Directs the President to establish, within the Department of Commerce, the President's Manufacturing Strategy Board (consisting of both public and private sector members) to: (1) advise the President and Congress on issues affecting the nation's manufacturing sector; (2) conduct a comprehensive analysis of such sector; (3) develop a Strategy; and (4) report annually to the President and Congress on the current state of U.S. manufacturing. Directs the Comptroller General, in each of 2013, 2017, and 2021, to submit to Congress an assessment and analysis of the Strategy. Directs the President, in developing each Strategy, to enter into an agreement with the National Academy of Sciences (NAS) to conduct a study concerning U.S. manufacturing and related assessments and reviews. Requires the NAS to report each study's results to Congress and the President. Requires the President, in preparing each annual budget, to include information regarding that budget's consistency with the goals and recommendations included in the latest Strategy.

To require the President to prepare a quadrennial National Manufacturing Strategy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Aviation Administration Extension Act of 2010''. SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND. (a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``March 31, 2010'' and inserting ``July 3, 2010''. (b) Ticket Taxes.-- (1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``March 31, 2010'' and inserting ``July 3, 2010''. (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such Code is amended by striking ``March 31, 2010'' and inserting ``July 3, 2010''. (c) Effective Date.--The amendments made by this section shall take effect on April 1, 2010. SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY. (a) In General.--Paragraph (1) of section 9502(d) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``April 1, 2010'' and inserting ``July 4, 2010''; and (2) by inserting ``or the Federal Aviation Administration Extension Act of 2010'' before the semicolon at the end of subparagraph (A). (b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such Code is amended by striking ``April 1, 2010'' and inserting ``July 4, 2010''. (c) Effective Date.--The amendments made by this section shall take effect on April 1, 2010. SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM. (a) Authorization of Appropriations.-- (1) In general.--Section 48103(7) of title 49, United States Code, is amended to read as follows: ``(7) $3,024,657,534 for the period beginning on October 1, 2009, and ending on July 3, 2010.''. (2) Obligation of amounts.--Sums made available pursuant to the amendment made by paragraph (1) may be obligated at any time through September 30, 2010, and shall remain available until expended. (3) Program implementation.--For purposes of calculating funding apportionments and meeting other requirements under sections 47114, 47115, 47116, and 47117 of title 49, United States Code, for the period beginning on October 1, 2009, and ending on July 3, 2010, the Administrator of the Federal Aviation Administration shall-- (A) first calculate funding apportionments on an annualized basis as if the total amount available under section 48103 of such title for fiscal year 2010 were $4,000,000,000; and (B) then reduce by 11 percent-- (i) all funding apportionments calculated under subparagraph (A); and (ii) amounts available pursuant to sections 47117(b) and 47117(f)(2) of such title. (b) Project Grant Authority.--Section 47104(c) of such title is amended by striking ``March 31, 2010,'' and inserting ``July 3, 2010,''. SEC. 5. EXTENSION OF EXPIRING AUTHORITIES. (a) Section 40117(l)(7) of title 49, United States Code, is amended by striking ``April 1, 2010.'' and inserting ``July 4, 2010.''. (b) Section 44302(f)(1) of such title is amended-- (1) by striking ``March 31, 2010,'' and inserting ``July 3, 2010,''; and (2) by striking ``June 30, 2010,'' and inserting ``September 30, 2010,''. (c) Section 44303(b) of such title is amended by striking ``June 30, 2010,'' and inserting ``September 30, 2010,''. (d) Section 47107(s)(3) of such title is amended by striking ``April 1, 2010.'' and inserting ``July 4, 2010.''. (e) Section 47115(j) of such title is amended by striking ``April 1, 2010,'' and inserting ``July 4, 2010,''. (f) Section 47141(f) of such title is amended by striking ``March 31, 2010.'' and inserting ``July 3, 2010.''. (g) Section 49108 of such title is amended by striking ``March 31, 2010,'' and inserting ``July 3, 2010,''. (h) Section 161 of the Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 47109 note) is amended by striking ``April 1, 2010,'' and inserting ``July 4, 2010,''. (i) Section 186(d) of such Act (117 Stat. 2518) is amended by striking ``April 1, 2010,'' and inserting ``July 4, 2010,''. (j) The amendments made by this section shall take effect on April 1, 2010. SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS. Section 106(k)(1)(F) of title 49, United States Code, is amended to read as follows: ``(F) $7,070,158,159 for the period beginning on October 1, 2009, and ending on July 3, 2010.''. SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT. Section 48101(a)(6) of title 49, United States Code, is amended to read as follows: ``(6) $2,220,252,132 for the period beginning on October 1, 2009, and ending on July 3, 2010.''. SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT. Section 48102(a)(14) of title 49, United States Code, is amended to read as follows: ``(14) $144,049,315 for the period beginning on October 1, 2009, and ending on July 3, 2010.''. SEC. 9. EXTENSION AND FLEXIBILITY FOR CERTAIN ALLOCATED SURFACE TRANSPORTATION PROGRAMS. (a) Short Title.--This section may be cited as the ``Surface Transportation Extension Modification Act of 2010''. (b) Modification of Allocation Rules.--Section 411(d) of the Surface Transportation Extension Act of 2010 is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A)-- (i) by striking ``1301, 1302,''; and (ii) by striking ``1198, 1204,''; and (B) in subparagraph (A)-- (i) in the matter preceding clause (i) by striking ``apportioned under sections 104(b) and 144 of title 23, United States Code,'' and inserting ``specified in section 105(a)(2) of title 23, United States Code (except the high priority projects program),''; and (ii) in clause (ii) by striking ``apportioned under such sections of such Code'' and inserting ``specified in such section 105(a)(2) (except the high priority projects program)''; (2) in paragraph (2)-- (A) in the matter preceding subparagraph (A)-- (i) by striking ``1301, 1302,''; and (ii) by striking ``1198, 1204,''; and (B) in subparagraph (A)-- (i) in the matter preceding clause (i) by striking ``apportioned under sections 104(b) and 144 of title 23, United States Code,'' and inserting ``specified in section 105(a)(2) of title 23, United States Code (except the high priority projects program),''; and (ii) in clause (ii) by striking ``apportioned under such sections of such Code'' and inserting ``specified in such section 105(a)(2) (except the high priority projects program)''; and (3) by adding at the end the following: ``(5) Projects of national and regional significance and national corridor infrastructure improvement programs.-- ``(A) Redistribution among states.--Notwithstanding sections 1301(m) and 1302(e) of SAFETEA-LU (119 Stat. 1202 and 1205), the Secretary shall apportion funds authorized to be appropriated under subsection (b) for the projects of national and regional significance program and the national corridor infrastructure improvement program among all States such that each State's share of the funds so apportioned is equal to the State's share for fiscal year 2009 of funds apportioned or allocated for the programs specified in section 105(a)(2) of title 23, United States Code. ``(B) Distribution among programs.--Funds apportioned to a State pursuant to subparagraph (A) shall be-- ``(i) made available to the State for the programs specified in section 105(a)(2) of title 23, United States Code (except the high priority projects program), and in the same proportion for each such program that-- ``(I) the amount apportioned to the State for that program for fiscal year 2009; bears to ``(II) the amount apportioned to the State for fiscal year 2009 for all such programs; and ``(ii) administered in the same manner and with the same period of availability as funding is administered under programs identified in clause (i).''. (c) Expenditure Authority From Highway Trust Fund.--Paragraph (1) of section 9503(c) of the Internal Revenue Code of 1986, as amended by the Surface Transportation Extension Act of 2010, is amended by striking ``in effect on the date of the enactment of such Act)'' and inserting ``in effect on the later of the date of the enactment of such Act or the date of the enactment of the Surface Transportation Extension Modification Act of 2010)''. (d) Effective Date.--The amendments made by this section shall take effect upon the enactment of the Surface Transportation Extension Act of 2010 and shall be treated as being included in that Act at the time of the enactment of that Act. Passed the House of Representatives March 24, 2010. Attest: LORRAINE C. MILLER, Clerk.

(Sec. 1) Makes technical amendments to the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC), as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 (PACMBPRA), regarding the election to apply specified requirements in an eligible plan year with respect to the shortfall amortization base in minimum funding standards for a single-employer defined benefit pension plan. Treats a plan as eligible for such an election only if: (1) the plan sponsor is not a debtor in a case under bankruptcy law or similar federal or state law, (2) there are no unpaid minimum required contributions with respect to the plan for purposes of the excise tax when minimum required contributions are not paid when due, (3) there are no outstanding liens in favor of the plan for a person's failure to make required contributions, and (4) the plan sponsor has not initiated a distress termination of the plan. (Sec. 2) Amends the Pension Protection Act of 2006 (PPA), as amended by PACMBPRA, with respect to the exemption from certain PPA requirements for and restrictions on the funding of multiple employer plans of eligible charities. Redefines an eligible charity plan as one maintained by one or more employers with employees accruing benefits based on service for the plan year, where: (1) such employees are employed in at least 20 states, (2) more than 98% of them are employed by a tax-exempt charitable organization whose primary exempt purpose is to provide services with respect to children, and (3) the plan sponsor elects to be treated as an eligible charity plan. Applies this redefinition to plan years beginning after December 31, 2010, but allows a plan sponsor to elect to apply it to earlier plan years. (Sec. 3) Amends the Worker, Retiree, and Employer Recovery Act of 2008 to extend through plan years beginning during the period October 1, 2008-December 31, 2011, certain funding-based limits on benefit accruals for single-employer plans with severe funding shortfalls. Revises the adjusted funding target attainment percentage factor in such limits for that period. Amends ERISA and the IRC with respect to the allowance of a one-time prohibited payment by a single-employer plan. Declares that, in the case of payments the annuity starting date for which occurs on or before December 31, 2011, payments under a Social Security leveling option shall be treated as not in excess of the monthly amount paid under a single life annuity (plus an amount not in excess of a Social Security supplement). Permits a plan sponsor to elect to apply such treatment to payments whose annuity starting date occurs before January 1, 2011. Repeals related existing requirements as if they had never been enacted. (Sec. 4) Amends ERISA and the IRC, as amended by PACMBPRA, to revise the threshold date, under rules for special relief from minimum funding standards, for the period during which a solvent multiemployer plan may treat, as an item separate from other experience losses, to be amortized over 30 years, the portion of any experience loss or gain attributable to net investment losses incurred in either or both of certain plan years. Changes the identity of such plan years from the first two plan years ending after August 31, 2008, to the first two plan years ending after June 30, 2008.

An Act to amend the Internal Revenue Code of 1986 to make technical corrections to the pension funding provisions of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pilot Small Business Technology Transfer Program Extension Act of 1996''. SEC. 2. PROGRAM EXTENSION. Section 9(n) of the Small Business Act (15 U.S.C. 638(n)) is amended-- (1) in paragraph (1)-- (A) by striking ``in fiscal year 1994, 1995, or 1996,''; (B) by striking ``and'' at the end of subparagraph (B); (C) by striking the comma at the end of subparagraph (C) and inserting ``; and''; and (D) by inserting after subparagraph (C) the following new subparagraph: ``(D) not less than 0.25 percent of such budget in fiscal year 1997 and each succeeding fiscal year,''; and (2) by adding at the end the following new paragraph: ``(4) Program expiration.--Authorization to carry out the STTR program pursuant to this subsection (and subsections (o) and (p) of this section) shall expire on September 30, 2000.''. SEC. 3. ASSESSMENT BY THE COMPTROLLER GENERAL. (a) Assessment Required.--The Comptroller General of the United States shall conduct an assessment of the ongoing implementation of the Small Business Innovation Research (SBIR) program and the pilot Small Business Technology Transfer (STTR) program. The assessment shall address the following issues with respect to each program: (1) The extent of competition and the quality of proposals submitted for the award of SBIR and STTR agreements, and the quality of subsequent performance by the recipients of such awards. (2) Whether any adverse effects on the research or research and development programs of any sponsoring agency are attributable to the agency's participation in the SBIR program or the pilot STTR program. (3) Whether any awards by a sponsoring agency in each fiscal year represent the applicable percentages of such agency's extramural budget, identifying any systemic management weaknesses contributing to such limitation on implementation. (4) Any management techniques initiated by sponsoring agencies that attempt to minimize delays between the successful completion of a Phase I agreement and the award (and commencement of performance) under a Phase II agreement or ameliorate the adverse effects of such delays. (5) The implementation of Phase III by participating agencies, including awards in support of Phase III and other techniques adopted by the agencies to foster commercialization. (6) The extent to which small business participants in each program, especially recipients of STTR awards, utilize the results of research undertaken for Federal agencies by universities, federally funded research and development centers, and other research institutions, and the extent to which the results were subsequently developed by such small firms to meet the needs of Federal, State, and local government or advanced to use in the commercial marketplace. (7) Whether the required and structured collaboration between a small business and a research institution under the pilot STTR program is necessary in light of the experiences with voluntary collaborations under the SBIR program. (8) Any duplication between the SBIR program and the pilot STTR program. (9) The extent to which each agency participating in the SBIR program has complied with the policy directives to enhance outreach efforts to increase the participation of socially and economically disadvantaged small business concerns and women- owned small business concerns issued under section (9)(j)(2)(F) of the Small Business Act (15 U.S.C. 638(j)(2)(F)) and the extent to which each agency participating in the STTR program has made outreach efforts to increase the participation of such concerns in the agency's STTR program. (10) Any other relevant information as determined by the Comptroller General. (b) Period of Assessment.--The assessment required by subsection (a) shall focus on the implementation of each program during the period beginning October 1, 1995, and ending September 30, 1999. (c) Report.-- (1) Submission of report.--The Comptroller General shall submit a report of the assessment required by subsection (a) to the Committees on Small Business of the Senate and House of Representatives not later than February 1, 2000. (2) Appendices to report.--The report shall include-- (A) an appendix summarizing the findings of previous reports issued by the Comptroller General with respect to the SBIR program and the pilot STTR program; and (B) an appendix listing reports of other assessments of the SBIR program or the pilot STTR program issued by the Small Business Administration, any of the sponsoring agencies, and any other entities determined by the Comptroller General to be useful resources to the Congress in evaluating each program for reauthorization. SEC. 4. INTERAGENCY TASK FORCE ON COMMERCIALIZATION. (a) In General.--The Administrator of the Small Business Administration shall convene and supervise an interagency task force on fostering commercialization of the results of projects being undertaken by small business concerns through the SBIR program and the pilot STTR program. (b) Duties.--The interagency task force shall-- (1) review existing studies and analyses and conduct independent assessments, as may be appropriate, regarding the obstacles faced by small business entrepreneurs seeking to commercialize results of basic research or research and development undertaken through Federal funding; (2) devise recommendations to overcome (or minimize the effects of) such obstacles; and (3) address other matters that the Administrator determines are appropriate to ensure a comprehensive analysis and the development of practical recommendations. (c) Participation.-- (1) Task force membership.--The interagency task shall include participation by representatives of-- (A) the Office of the Chief Counsel for Advocacy of the Small Business Administration; (B) the 5 Executive agencies having the greatest dollar value of awards under the SBIR program in fiscal year 1995; (C) the Executive agencies participating in the pilot STTR program in fiscal year 1995; (D) the Office of Science and Technology Policy, Executive Office of the President; and (E) any other Executive agencies invited by the Administrator. (2) Public participation.--In undertaking its assessments and fashioning its recommendations, the interagency task force shall provide opportunities for consultation with representatives of-- (A) small businesses and other entities that have participated in the SBIR program or the pilot STTR program; (B) organizations representing small business concerns; (C) organizations representing venture capital sources, especially those focusing on the needs of small high-technology entrepreneurs; and (D) any other public or private entities that the Administrator determines are appropriate. (d) Schedule.-- (1) Notice and initial call for public participation.--Not earlier than May 1, 1997, the Administrator shall publish in the Federal Register (and through other means likely to result in broad dissemination) a notice, which at a minimum, announces the existence of the interagency task force, identifies the members of task force, summarizes purposes and objectives of the task force, requests suggestions and recommendations from the public regarding the work of the task force, providing at least 180 days to make a submission in response to such notice, and announces any schedule of meetings of the task force or other public meetings. (2) Ongoing public participation.--In conducting its assessments and fashioning its recommendations the task force shall make every reasonable effort to solicit ideas from the public. (e) Report.--Not later than March 1, 1999, the Administrator shall submit to the Committees on Small Business of the Senate and House of Representatives a report of the work of the interagency task force, including such recommendations for legislative or administrative action. SEC. 5. TECHNICAL CORRECTION. Section 9(e)(4)(A) of the Small Business Act (15 U.S.C. 638(e)(4)(A)) is amended by striking ``(B)(ii)'' and inserting ``(B)''.

Pilot Small Business Technology Transfer Program Extension Act of 1996 - Amends the Small Business Act to: (1) extend through FY 2000 the Small Business Technology Transfer (SBTT) Program under which specified portions of each Federal agency's research and development (R&D) budget are reserved for small business cooperative R&D; and (2) increase for FY 1997 and thereafter the portion reserved for small businesses under such program. Directs the Comptroller General to conduct an assessment of the ongoing implementation of the Small Business Innovation Research (SBIR) Program and the pilot SBTT Program. Outlines issues to be addressed in such assessment, requiring a focus on programs implemented during the period beginning October 1, 1995, and ending September 30, 1999. Requires a report from the Comptroller General to the small business committees. Requires the Administrator of the Small Business Administration to convene and supervise an interagency task force on fostering commercialization of the results of projects being undertaken by small businesses through the SBIR and SBTT programs. Outlines task force duties and membership requirements. Requires: (1) public participation in task force activities; and (2) a notice and initial call for such participation by the Administrator. Directs the Administrator to report to the small business committees on the work of the task force, including recommendations for legislative or administrative action.

Pilot Small Business Technology Transfer Program Extension Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Discovery Trails Act of 1999''. SEC. 2. AUTHORIZATION OF NATIONAL DISCOVERY TRAILS COMPONENT OF NATIONAL TRAILS SYSTEM. (a) Additional Component of System.--Section 3(a) of the National Trails System Act (16 U.S.C. 1242(a)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: ``(4) National discovery trails, established as provided in section 5 and subject to the special requirements of section 7A, which will be extended, continuous, interstate trails so located as to-- ``(A) provide for outstanding outdoor recreation and travel and the conservation and enjoyment of significant natural, cultural, and historic resources associated with the trail; and ``(B) connect representative examples of America's trails and metropolitan, urban, rural, and backcountry regions of the Nation.''. (b) Special Requirements for National Discovery Trails.--The National Trails System Act is amended by inserting after section 7 (16 U.S.C. 1246) the following new section: ``SEC. 7A. SPECIAL ADMINISTRATION AND DEVELOPMENT REQUIREMENTS APPLICABLE TO NATIONAL DISCOVERY TRAILS. ``(a) Cooperative Administration.--The appropriate Secretary for each national discovery trail shall administer the trail in cooperation with a competent trailwide volunteer-based organization. ``(b) Relation to Other Trails.--Where national discovery trails are congruent with other local, State, national scenic, or national historic trails, the designation of the national discovery trail shall not in any way diminish the values and significance for which these trails were established.''. (c) Conditions on Conduct of Feasibility Studies.--Section 5(b) of the National Trails System Act (16 U.S.C. 1244(b)) is amended-- (1) by redesignating paragraphs (1) through (10) as subparagraphs (A) through (J), respectively; (2) by striking ``the'' at the beginning of each of subparagraphs (A) through (J), as so redesignated, and inserting ``The''; (3) by striking the semicolon at the end of each of subparagraphs (A) through (I), as so redesignated, and inserting a period; (4) in subparagraph (J), as so redesignated, by striking ``; and'' and inserting a period; (5) by inserting ``(1)'' after ``(b)'' at the beginning of the subsection; (6) by redesignating paragraph (11) as paragraph (2) and conforming the margins to paragraph (1); and (7) by adding at the end the following new paragraph: ``(3)(A) For purposes of this subsection, a trail shall not be considered feasible and desirable for designation as a national discovery trail unless it meets all of the following criteria: ``(i) The trail must link to one or more areas within the boundaries of a metropolitan area (as those boundaries are determined under section 134(c) of title 23, United States Code), and the trail should also join with other trails, thereby tying the National Trails System to significant recreation and resources areas. ``(ii) The trail must be supported by at least one competent trailwide volunteer-based organization, and must have extensive local and trailwide support by the public, by user groups, and by affected State and local governments. ``(iii) The trail must be extended and pass through more than one State. At a minimum, it should be a continuous, walkable route. ``(B) National discovery trails are specifically exempted from the provisions of sections 7(g) of this Act. ``(C) The appropriate Secretary shall obtain written consent from affected landowners prior to entering nonpublic lands for the purposes of conducting any surveys or studies of nonpublic lands relating to designating or administering national discovery trails.''. (d) Comprehensive National Discovery Trail Plan.--Section 5 of the National Trails System Act (16 U.S.C. 1244) is amended by adding at the end the following new subsection: ``(g) Comprehensive National Discovery Trail Plan.-- ``(1) Preparation and submission.--Within three complete fiscal years after the date of enactment of legislation designating a national discovery trail, the responsible Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a comprehensive plan for the protection, management, development, and use of the Federal portions of the trail and for the provision of technical assistance to States and local units of government and private landowners, as requested, for non-Federal portions of the trail. ``(2) Cooperation and consultation.--In developing a comprehensive management plan for a national discovery trail, the responsible Secretary shall cooperate to the fullest practicable extent with the organizations sponsoring the trail. The responsible Secretary shall ensure that the comprehensive plan does not conflict with existing agency direction and shall consult with the affected land managing agencies, the Governors of the affected States, affected county and local political jurisdictions, and local organizations maintaining components of the trail. ``(3) Special requirements of plan.--Components of the comprehensive management plan for a national discovery trail shall include the following: ``(A) Policies, objectives, and practices to be observed in the administration and management of the trail, including the identification of all significant natural, historical, and cultural resources to be preserved, model agreements necessary for joint trail administration among and between interested parties, and an identified carrying capacity for critical segments of the trail, and procedures for implementation, where appropriate. ``(B) Strategies for trail protection to retain the values for which the trail is being established and recognized by the Federal Government. ``(C) General and site-specific trail-related development, including anticipated costs. ``(D) The process to be followed to implement the trail marking authorities in section 7(c) conforming to approved trail logo or emblem requirements.''. (e) Conforming Amendments to Reflect New Category of National Trail.--The National Trails System Act is amended-- (1) in section 2(b) (16 U.S.C. 1241(b)), by striking ``scenic and historic'' and inserting ``scenic, historic, and discovery''; (2) in section 5 (16 U.S.C. 1244)-- (A) by striking the section heading and ``Sec. 5. (a)'' and inserting the following: ``SEC. 5. NATIONAL SCENIC, NATIONAL HISTORIC, AND NATIONAL DISCOVERY TRAILS. ``(a) Congressionally Authorized Trails.--''; (B) in subsection (a), in the matter preceding paragraph (1)-- (i) by striking ``and national historic'' and inserting ``, national historic, and national discovery''; and (ii) by striking ``and National Historic'' and inserting ``, National Historic, and National Discovery''; and (C) in subsection (b)(1) (as amended by subsection (c) of this section)-- (i) in the matter preceding subparagraph (A), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; and (ii) in subparagraph (C), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; and (3) in section 7 (16 U.S.C. 1246)-- (A) in subsection (a)(2), by striking ``and national historic'' and inserting ``, national historic, and national discovery''; (B) in subsection (b), by striking ``or national historic'' each place such term appears and inserting ``, national historic, or national discovery''; (C) in subsection (c)-- (i) by striking ``scenic or national historic'' each place it appears and inserting ``scenic, national historic, or national discovery''; (ii) in the second proviso, by striking ``scenic, or national historic'' and inserting ``scenic, national historic, or national discovery''; and (iii) by striking ``, and national historic'' and inserting ``, national historic, and national discovery''; (D) in subsection (d), by striking ``or national historic'' and inserting ``national historic, or national discovery''; (E) in subsection (e), by striking ``or national historic'' each place such term appears and inserting ``, national historic, or national discovery''; (F) in subsection (f)(2), by striking ``National Scenic or Historic Trail'' and inserting ``national scenic, historic, or discovery trail''; (G) in subsection (h)(1), by striking ``or national historic'' and inserting ``national historic, or national discovery''; and (H) in subsection (i), by striking ``or national historic'' and inserting ``national historic, or national discovery''. SEC. 3. DESIGNATION OF AMERICAN DISCOVERY TRAIL AS A NATIONAL DISCOVERY TRAIL. (a) Designation.--Section 5(a) of National Trails System Act (16 U.S.C. 1244(a)) is amended by adding at the end the following new paragraph: ``(21) The American Discovery Trail, a trail of approximately 6,000 miles extending from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, extending westward through Delaware, Maryland, the District of Columbia, West Virginia, Ohio, and Kentucky, where near Cincinnati it splits into two routes. The Northern Midwest route traverses Ohio, Indiana, Illinois, Iowa, Nebraska, and Colorado, and the Southern Midwest route traverses Indiana, Illinois, Missouri, Kansas, and Colorado. After the two routes rejoin in Denver, Colorado, the route continues through Colorado, Utah, Nevada, and California. The trail is generally described in Volume 2 of the National Park Service feasibility study dated June 1995 which shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior. The American Discovery Trail shall be administered by the Secretary of the Interior in cooperation with at least one competent trailwide volunteer-based organization, affected land managing agencies and State and local governments as appropriate. No lands or interests outside the exterior boundaries of federally administered areas may be acquired by the Federal Government solely for the American Discovery Trail. The American Discovery Trail is specifically exempted from the provisions of subsection (e), (f), and (g) of section 7.''. (b) Clerical Amendments.--Such section is further amended-- (1) by designating the paragraph relating to the California National Historic Trail as paragraph (18); (2) by designating the paragraph relating to the Pony Express National Historic Trail as paragraph (19); and (3) by designating the paragraph relating to the Selma to Montgomery National Historic Trail as paragraph (20).

Requires the appropriate Secretary for each national discovery trail to administer the trail in cooperation with a competent trailwide nonprofit organization. Prohibits a trail from being considered feasible and desirable for designation as a national discovery trail unless it: (1) links to one or more areas within the boundaries of a metropolitan area and joins with other trails, tying the National Trails System to significant recreation and resources areas; (2) is supported by a competent trailwide volunteer-based organization and has extensive local and trailwide support by the public, user groups, and affected State and local governments; and (3) extends and passes through more than one State and, at a minimum, is a continuous, walkable route. Requires the responsible Secretary, within three complete fiscal years after enactment of legislation designating a national discovery trail, to submit to specified congressional committees a comprehensive plan: (1) for the protection, management, development, and use of the Federal portions of the trail; and (2) for technical assistance to States, local governments, and private landowners, as requested, for non-Federal portions of the trail. Designates as a national discovery trail the 6,000-mile American Discovery Trail which shall extend from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, traveling northern and southern routes from Cincinnati, Ohio, to Denver, Colorado.

National Discovery Trails Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``IRA Preservation Act of 2017''. SEC. 2. EDUCATION AND OUTREACH. (a) Information Made Available.--The Secretary shall make available to the public the following information: (1) An overview of the laws and regulations related to individual retirement arrangements, including-- (A) limits on contributions; (B) limits on deductions for contributions; (C) rollovers; (D) minimum required distributions; (E) non-exempt prohibited transactions; and (F) tax consequences for early distributions. (2) Examples of common errors by taxpayers with respect to the laws and regulations described in paragraph (1) and instructions on how to avoid such errors. (b) Targeted Advance Notices.--Based on the information on common errors identified under subsection (a)(2), the Secretary shall identify critical failure points and cause notices to be issued to individual taxpayers in advance of their reaching such critical failure points, with advice on how to avoid such failures. (c) Soft Notice Program.-- (1) In general.--The Secretary shall, at such time as the Secretary considers appropriate, cause a notice under this subsection to be issued to a taxpayer if the Secretary detects a material inconsistency between or among any tax returns or reports filed under the Internal Revenue Code of 1986, including an individual tax return and a third-party information return, that could represent tax liability incurred by the taxpayer because of-- (A) an excess contribution to an individual retirement arrangement as described in section 4973 of the Internal Revenue Code of 1986; (B) an excess accumulation in an individual retirement arrangement as described in section 4974 of such Code; or (C) any other error associated with an individual retirement arrangement that the Secretary has the capability to detect automatically because of inconsistencies in returns filed or reports made under such Code. (2) Exceptions.--The Secretary is not required to issue a notice under paragraph (1) with respect to an individual retirement arrangement in any case in which the Secretary-- (A) intends to initiate an audit of the individual retirement arrangement; (B) has reason to believe there is no outstanding tax liability attributable to an excess contribution, excess accumulation, or other error described in subparagraph (A), (B), or (C) of paragraph (1); or (C) has other good cause consistent with the purposes of this Act. (3) Content.--A notice issued under paragraph (1) to a taxpayer with respect to an individual retirement arrangement shall include-- (A) an explanation of taxes that could be owed, as of the date of the notice, because of an excess contribution, excess accumulation, or other error described in subparagraph (A), (B), or (C) of paragraph (1), including, if applicable, an explanation of the reduced rates of tax available under section 4973(i) or 4974(e), as the case may be, of the Internal Revenue Code of 1986 for voluntary correction of an excess contribution or excess accumulation described in subparagraph (A) or (B) of paragraph (1) if voluntary correction is made within the correction window applicable under section 4973(i) or 4974(e), as the case may be, of such Code; (B) a statement that any failure to remit any taxes owed may result in an audit; (C) in the case of an excess contribution or excess accumulation described in subparagraph (A) or (B) of paragraph (1), an explanation of taxes that could be owed because of such excess contribution or excess accumulation, if voluntary correction is not made within the correction window applicable under section 4973(i) or 4974(e), as the case may be, of the Internal Revenue Code of 1986; and (D) a copy of the applicable form to be used by the taxpayer to remit taxes owed with respect to the individual retirement arrangement because of the potential excess contribution, excess accumulation, or other error described in the notice. (4) Coordination with self-correction procedures.--A notice issued under this paragraph may not be considered as initiating an audit or otherwise demanding payment for purposes of section 4973(i) or 4974(e) of the Internal Revenue Code of 1986. SEC. 3. REDUCTION OF EXCISE TAXES FOR VOLUNTARY CORRECTION OF COMMON IRA ERRORS. (a) Reduction in Excise Tax on Excess Contributions.--Section 4973 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(i) Reduction of Tax in Certain Cases.-- ``(1) Reduction.--In the case of a taxpayer who-- ``(A) corrects, during the correction window, an excess contribution that was made to an individual retirement arrangement and that resulted in imposition of a tax under paragraph (1) or (3) of subsection (a), and ``(B) submits a return, during the correction window, reflecting such tax (as modified by this subsection), the first and second sentences of subsection (a) shall be applied by substituting `3 percent' for `6 percent' each place it appears. ``(2) Correction window defined.--For purposes of this subsection, the term `correction window' means the period beginning on the date on which the tax under subsection (a) is imposed with respect to an excess contribution, and ending on the earlier of-- ``(A) the date on which the Secretary initiates an audit, or otherwise demands payment, with respect to the excess contribution, or ``(B) the last day of the second tax year that begins after the end of the tax year in which the tax under subsection (a) is imposed.''. (b) Reduction in Excise Tax on Failures To Take Required Minimum Distributions.-- (1) In general.--Section 4974 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Reduction of Tax in Certain Cases.-- ``(1) Reduction.--In the case of a taxpayer who-- ``(A) corrects, during the correction window, a shortfall of distributions from an individual retirement arrangement that resulted in imposition of a tax under subsection (a), and ``(B) submits a return, during the correction window, reflecting such tax (as modified by this subsection), the first sentence of subsection (a) shall be applied by substituting `5 percent' for `50 percent'. ``(2) Correction window defined.--For purposes of this subsection, the term `correction window' means the period of time beginning on the date on which the tax under subsection (a) is imposed with respect to a shortfall of distributions from an individual retirement arrangement, and ending on the earlier of-- ``(A) the date on which the Secretary initiates an audit, or otherwise demands payment, with respect to the shortfall of distributions, or ``(B) the last day of the second tax year that begins after the end of the tax year in which the tax under subsection (a) is imposed.''. (2) Coordination with waiver provisions.-- (A) In general.--Subsection (d) of section 4974 of the Internal Revenue Code of 1986 is amended-- (i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (ii) by striking ``If the taxpayer'' and inserting: ``(1) Waiver.--Subject to paragraph (2), if the taxpayer''; and (iii) by adding at the end the following: ``(2) Exception.--The Secretary may not waive the tax imposed by subsection (a) with respect to an individual retirement arrangement.''. (B) Authority to compromise.--The amendments made by subparagraph (A) shall not limit the authority of the Secretary of the Treasury under section 7121 or any other provision of the Internal Revenue Code of 1986 to compromise the amount of any tax due under section 4974 of such Code, except that, in determining the amount of any such compromise, the Secretary may take into account the availability, under section 4974(e) of such Code, of voluntary correction during the correction window (as defined in section 4974(e)(2) of such Code). SEC. 4. HARMONIZATION OF TREATMENT OF IRAS WITH EMPLOYER PLANS. (a) Elimination of Additional Tax on Certain Distributions.-- Subparagraph (A) of section 72(t)(2) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``or'' at the end of clause (vii); (2) by striking the period at the end of clause (viii) and inserting ``, or''; and (3) by adding at the end the following new clause: ``(ix) attributable to withdrawal of interest or other income earned on excess contributions to an individual retirement arrangement.''. (b) Repeal of Tax Disqualification Penalty.-- (1) In general.--Paragraph (2) of subsection (e) of section 408 of the Internal Revenue Code of 1986 is repealed. (2) Conforming amendments.-- (A) Section 408(e)(1) of such Code is amended by striking ``(2) or''. (B) Sections 220(e)(2), 223(e)(2), and 530(e) of such Code are amended by striking ``paragraphs (2) and (4) of section 408(e)'' each place it appears and inserting ``paragraph (4) of section 408(e)''. (C) Section 4975(c)(3) of such Code is amended by striking ``the account ceases to be an individual retirement account by reason of the application of section 408(e)(2)(A) or if''. (c) Statute of Limitations.--Subsection (l) of section 6501 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1), by inserting ``(other than for individual retirement arrangements)'' after ``section 4975''; and (2) by adding at the end the following new paragraph: ``(4) Individual retirement arrangements.--For purposes of any tax imposed by section 4973, 4974, or 4975 in connection with an individual retirement arrangement, the return referred to in this section shall be the income tax return filed by the person on whom the tax under such section is imposed for the year in which the act (or failure to act) giving rise to such liability for such tax occurred. In the case of a person who is not required to file an income tax return for the year in which the act (or failure to act) giving rise to such liability for such tax occurred-- ``(A) the return referred to in this section shall be the income tax return that such person would have been required to file but for the fact that such person was not required to file such return, and ``(B) the 3-year period referred to in subsection (a) with respect to the return shall be deemed to begin on the date by which the return would have been required to be filed (excluding any extension thereof).''. SEC. 5. INDIVIDUAL RETIREMENT ARRANGEMENT DEFINED. (a) In General.--For purposes of this Act, the term ``individual retirement arrangement'' means an individual retirement account, an individual retirement annuity, and a Roth IRA described in sections 408(a), 408(b), and 408A, respectively, of the Internal Revenue Code of 1986. (b) Internal Revenue Code.--Section 408 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating subsection (r) as subsection (s); and (2) by inserting after subsection (q) the following new subsection: ``(r) Individual Retirement Arrangement Defined.--For purposes of this section and sections 72(t), 4973, 4974, and 6501(l), the term `individual retirement arrangement' means an individual retirement account described in section 408(a), an individual retirement annuity described in section 408(b), and a Roth IRA described in section 408A.''. SEC. 6. EFFECTIVE DATE. (a) In General.--Subject to subsections (b) and (c), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Transition Provisions.-- (1) Requests for waivers.-- (A) In general.--Notwithstanding the amendments to section 4974(d) of the Internal Revenue Code of 1986 made by section 3(b)(2) of this Act, a taxpayer may, at any time before or during the transition period, file a written request for a waiver under section 4974(d) of such Code, as in effect on the day before the date of the enactment of this Act. The Secretary of the Treasury shall consider any such request as if the amendments made by section 3(b)(2) had not been made. (B) Transition period defined.--For purposes of this paragraph, the term ``transition period'' means the period beginning on the date of the enactment of this Act and ending on the date that is 1 year after such date of enactment. (2) Applicability to certain prior acts.-- (A) In general.--Except as provided in paragraph (1), the amendments made by this Act shall apply to any determination of or affecting liability for taxes, interest, or penalties that is made on or after the date of the enactment of this Act, even if the conduct upon which the determination is based occurred before such date of enactment. (B) Calculation of correction window in certain cases.--In the case of an error that would have been eligible for correction under section 4973(i) or 4974(e) of the Internal Revenue Code of 1986 if tax had not been imposed under 4973(a) or 4974(a), as the case may be, of such Code before the date of the enactment of this Act, the correction window referred to in sections 4973(i) and 4974(e) of such Code shall be the period beginning on the date on which such tax was imposed and ending on the earlier of-- (i) the date on which the Secretary of the Treasury initiates an audit or otherwise demands payment with respect to the conduct described in section 4973(a) or 4974(a), as the case may be, of such Code; or (ii) the last day of the second tax year that begins after the tax year in which the date of the enactment of this Act occurs. (c) Implementation.--Section 2 shall be implemented as soon as reasonably practicable after the enactment of this Act but in no case later than the date that is 1 year after the date of the enactment of this Act.

IRA Preservation Act of 2017 This bill modifies the requirements for Individual Retirement Arrangements (IRAs) to: (1) require the Department of the Treasury to provide taxpayers with certain educational materials and notifications, and (2) modify various penalties. Treasury must provide the public with: (1) an overview of the laws and regulations related to IRAs, and (2) examples of common errors with respect to the laws and regulations and instructions on how to avoid the errors. Treasury must also provide individual taxpayers with specified notices that identify critical failure points, inconsistencies, or errors and include advice on avoiding failures or errors. The bill amends the Internal Revenue Code to: reduce penalties for taxpayers who voluntarily correct certain IRA errors, including excess contributions and failures to take required minimum distributions; eliminate the 10% additional tax on early distributions that are attributable to withdrawal of interest or other income earned on excess contributions to an IRA; repeal the tax disqualification penalty (loss of tax-exempt status) for accounts where employees engage in certain prohibited transactions; and revise the statute of limitations for collecting certain taxes in connection with an IRA.

IRA Preservation Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Max Cleland Congressional Gold Medal Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Joseph Maxwell ``Max'' Cleland has demonstrated the highest degree of professionalism and has served as an inspiration to friends, family, veterans, and many others while dedicating his life to the public service of the United States. (2) Max Cleland began his career in public service when he joined the Reserve Officers' Training Corps as a young college student, went on active duty in the United States Army (in this section referred to as the ``Army'') in 1965 as a Second Lieutenant, and volunteered for service in Vietnam, rising to the rank of Captain. (3) The Army recognized Max Cleland with a Silver Star for his gallantry in action during the Battle of Khe Sanh in April of 1968. According to the letter of commendation from the Army, ``The President of the United States of America, authorized by Act of Congress, July 8, 1918 (amended by Act of July 25, 1963), takes pleasure in presenting the Silver Star to Captain (Signal Corps) Joseph Maxwell Cleland, United States Army, for gallantry in action while engaged in military operations involving conflict with an armed hostile force in the Republic of Vietnam.''. (4) Max Cleland, a Battalion Signal Officer dispatched to set up a radio relay antenna, was severely wounded on the battlefield and, as a result, lost both of his legs and his right arm. Cleland would endure 18 months of extremely difficult rehabilitation and recovery at Walter Reed Army Medical Center and hospitals of the Department of Veterans Affairs (in this section referred to as ``VA hospitals'') in Washington, DC. In 1969, Cleland testified before the Committee on Veterans' Affairs of the Senate on the hardships faced by veterans returning home from war. (5) Upon returning to Georgia, Max Cleland was determined to continue his public service and, in 1970, at the age of 28, was elected as the youngest Georgia State senator and helped pass legislation to make public facilities accessible for veterans, older people, and individuals with disabilities. (6) Max Cleland later came to Washington, DC and joined the Senate Committee on Veterans' Affairs as a professional staff member, investigating VA hospitals across the country and the treatment of servicemembers returning from Vietnam. (7) In 1977, President Jimmy Carter named Max Cleland, then just 34 years old, the youngest ever individual and first Vietnam veteran to serve as Administrator of the Veterans Administration. As Administrator, Cleland helped create the ``Vet Center'' counseling program, which later expanded to 300 facilities nationwide helping veterans and their families receive psychological care for post-traumatic stress disorders and other problems associated with warfare. (8) Following his term as Administrator of the Veterans Administration, Max Cleland returned to elective office in 1982 when he was elected as Secretary of State of the State of Georgia. As Secretary of State, Cleland implemented the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) in Georgia and added almost 1,000,000 new voters to the rolls. (9) Max Cleland was elected to the United States Senate in 1996 and would go on to chair the Subcommittee on Personnel of the Committee on Armed Services of the Senate. In the Senate, Cleland was known for his work in expanding benefits for servicemembers and in improving veterans' health care, education, and the environment. (10) After his service in the Senate, Max Cleland continued his distinguished career in public service by becoming a commissioner on the National Commission on Terrorist Attacks Upon the United States (commonly referred to as the ``9/11 Commission'') and later as a member of the Board of Directors of the Export-Import Bank of the United States. (11) In 2009, President Barack Obama named Max Cleland Secretary of the American Battle Monuments Commission. As Secretary of the Commission, Cleland is charged with commemorating both the permanent cemeteries of the United States located in foreign countries and the military memorials, monuments, and markers demonstrating where members of the United States Armed Forces have served overseas since World War I. (12) In 2010, President Obama again called on Max Cleland to serve his country and Cleland again accepted. This time, Cleland agreed to serve as co-chair, and eventually the inaugural chair, of the Advisory Committee on Arlington National Cemetery, which was established to help fix the problems facing the final resting place for many of the heroes of the United States. After his tenure as chair, Cleland was awarded the Decoration for Distinguished Civilian Service of the Army, the highest honorary award that the Secretary of the Army can confer on a civilian. (13) After overcoming some of the most difficult challenges imaginable, Max Cleland has spent almost five decades of his life in service to the United States and the country is forever indebted to his service. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to Joseph Maxwell ``Max'' Cleland. (b) Design and Striking.--For the purposes of the presentation described in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Duplicate Medals.-- (1) In general.--Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under this Act at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. (2) Sale of duplicate medals.--The amounts received from the sale of duplicate medals under paragraph (1) shall be deposited in the United States Mint Public Enterprise Fund. SEC. 4. STATUS OF MEDALS. (a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

Max Cleland Congressional Gold Medal Act of 2016 This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a Congressional Gold Medal to Joseph Maxwell "Max" Cleland.

Max Cleland Congressional Gold Medal Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmacotherapy Development Act of 1996''. TITLE I--DEVELOPMENT OF DRUGS FOR THE TREATMENT OF ADDICTIONS TO ILLEGAL DRUGS SEC. 101. RECOMMENDATION FOR INVESTIGATION OF DRUGS. Section 525(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa(a)) is amended-- (1) by striking ``States'' each place it appears and inserting ``States, or for treatment of an addiction to illegal drugs''; and (2) by striking ``such disease or condition'' each place it appears and inserting ``such disease, condition, or treatment of such addiction''. SEC. 102. DESIGNATION OF DRUGS. Section 526(a) of the Federal, Food, Drug, and Cosmetic Act (21 U.S.C. 360bb(a)) is amended-- (1) in paragraph (1)-- (A) by inserting before the period in the first sentence the following: ``or for treatment of an addiction to illegal drugs''; (B) in the third sentence, by striking ``rare disease or condition'' and inserting ``rare disease or condition, or for treatment of an addiction to illegal drugs,''; and (C) by striking ``such disease or condition'' each place it appears and inserting ``such disease, condition, or treatment of such addiction''; and (2) in paragraph (2)-- (A) by striking ``(2) For'' and inserting ``(2)(A) For''; (B) by striking ``(A) affects'' and inserting ``(i) affects''; (C) by striking ``(B) affects'' and inserting ``(ii) affects''; and (D) by adding at the end thereof the following new subparagraphs: ``(B) The term `treatment of an addiction to illegal drugs' means any pharmacological agent or medication that-- ``(i) reduces the craving for an illegal drug for an individual who-- ``(I) habitually uses the illegal drug in a manner that endangers the public health, safety, or welfare; or ``(II) is so addicted to the use of the illegal drug that the individual is not able to control the addiction through the exercise of self-control; ``(ii) blocks the behavioral and physiological effects of an illegal drug for an individual described in clause (i); ``(iii) safely serves as a replacement therapy for the treatment of drug abuse for an individual described in clause (i); ``(iv) moderates or eliminates the process of withdrawal for an individual described in clause (i); ``(v) blocks or reverses the toxic effect of an illegal drug on an individual described in clause (i); or ``(vi) prevents, where possible, the initiation of drug abuse in individuals at high risk. ``(C) The term `illegal drug' means a controlled substance identified under schedules I, II, III, IV, and V in section 202(c) of the Controlled Substance Act (21 U.S.C. 812(c)).''. SEC. 103. PROTECTION FOR DRUGS. Section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) is amended-- (1) by striking ``rare disease or condition'' each place it appears and inserting ``rare disease or condition or for treatment of an addiction to illegal drugs''; (2) by striking ``such disease or condition'' each place it appears and inserting ``such disease, condition, or treatment of the addiction''; and (3) in subsection (b)(1), by striking ``the disease or condition'' and inserting ``the disease, condition, or addiction''. SEC. 104. OPEN PROTOCOLS FOR INVESTIGATIONS OF DRUGS. Section 528 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360dd) is amended-- (1) by striking ``rare disease or condition'' and inserting ``rare disease or condition or for treatment of an addiction to illegal drugs''; and (2) by striking ``the disease or condition'' each place it appears and inserting ``the disease, condition, or addiction''. TITLE II--DEVELOPMENT, MANUFACTURE, AND PROCUREMENT OF DRUGS FOR THE ADDICTION OF COCAINE AND HEROIN ADDICTIONS SEC. 201. DEVELOPMENT, MANUFACTURE, AND PROCUREMENT OF DRUGS FOR THE TREATMENT OF ADDICTIONS TO ILLEGAL DRUGS. Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end thereof the following new subchapter: ``Subchapter D--Drugs for Cocaine and Heroin Addictions ``SEC. 551. CRITERIA FOR AN ACCEPTABLE DRUG TREATMENT FOR COCAINE AND HEROIN ADDICTIONS. ``(a) In General.--Subject to the provisions of subsections (b) and (c), the Secretary shall, through the Institute of Medicine of the National Academy of Sciences, establish criteria for an acceptable drug for the treatment of an addiction to cocaine and for an acceptable drug for the treatment of an addiction to heroin. The criteria shall be used by the Secretary in making a contract, or entering to a licensing agreement, under section 552. ``(b) Requirements.--The criteria established under subsection (a) for a drug shall include requirements-- ``(1) that the application to use the drug for the treatment of addiction to cocaine or heroin was filed and approved by the Secretary under this Act after the date of enactment of this section; ``(2) that a performance-based test on the drug-- ``(A) has been conducted through the use of a randomly selected test group that received the drug as a treatment and a randomly selected control group that received a placebo; and ``(B) has compared the long-term differences in the addiction levels of control group participants and test group participants; ``(3) that the performance-based test conducted under paragraph (2) demonstrates that the drug is effective through evidence that-- ``(A) a significant number of the participants in the test who have an addiction to cocaine or heroin are willing to take the drug for the addiction; ``(B) a significant number of the participants in the test who have an addiction to cocaine or heroin and who were provided the drug for the addiction during the test are willing to continue taking the drug as long as necessary for the treatment of the addiction; and ``(C) a significant number of the participants in the test who were provided the drug for the period of time required for the treatment of the addiction refrained from the use of cocaine or heroin for a period of 3 years after the date of the initial administration of the drug on the participants; and ``(4) that the drug shall have a reasonable cost of production. ``(c) Review and Publication of Criteria.--The criteria established under subsection (a) shall, prior to the publication and application of such criteria, be submitted for review to the Committee on the Judiciary and the Committee on Economic and Educational Opportunities of the House of Representatives, and the Committee on the Judiciary and the Committee on Labor and Human Resources of the Senate. Not later than 90 days after notifying each of the committees, the Secretary shall publish the criteria in the Federal Register. ``SEC. 552. PURCHASE OF PATENT RIGHTS FOR DRUG DEVELOPMENT. ``(a) Application.-- ``(1) In general.--The patent owner of a drug to treat an addiction to cocaine or heroin, may submit an application to the Secretary-- ``(A) to enter into a contract with the Secretary to sell to the Secretary the patent rights of the owner relating to the drug; or ``(B) in the case in which the drug is approved by the Secretary for more than 1 indication, to enter into an exclusive licensing agreement with the Secretary for the manufacture and distribution of the drug to treat an addiction to cocaine or heroin. ``(2) Requirements.--An application described in paragraph (1) shall be submitted at such time and in such manner, and accompanied by such information, as the Secretary may require. ``(b) Contract and Licensing Agreement.-- ``(1) Requirements.--The Secretary shall enter into a contract or a licensing agreement with a patent owner who has submitted an application in accordance with (a) if the drug covered under the contract or licensing agreement meets the criteria established by the Secretary under section 551(a). ``(2) Special rule.--The Secretary shall enter into-- ``(A) not more than 1 contract or exclusive licensing agreement relating to a drug for the treatment of an addiction to cocaine; and ``(B) not more than 1 contract or licensing agreement relating to a drug for the treatment of an addiction to heroin. A contract or licensing agreement described in subparagraph (A) or (B) shall cover not more than 1 drug. ``(3) Purchase amount.--Subject to appropriations-- ``(A) the amount to be paid to a patent owner who has entered into a contract or licensing agreement under this subsection relating to a drug to treat an addiction to cocaine shall be $100,000,000; and ``(B) the amount to be paid to a patent owner who has entered into a contract or licensing agreement under this subsection relating to a drug to treat an addiction to heroin shall be $50,000,000. ``(c) Transfer of Rights Under Contracts and Licensing Agreement.-- ``(1) Contracts.--A contract under subsection (b)(1) to purchase the patent rights relating to a drug to treat cocaine or heroin addiction shall transfer to the Secretary-- ``(A) the exclusive right to make, use, or sell the patented drug within the United States for the term of the patent; ``(B) any foreign patent rights held by the patent owner; ``(C) any patent rights relating to the process of manufacturing the drug; and ``(D) any trade secret or confidential business information relating to the development of the drug, process for manufacturing the drug, and therapeutic effects of the drug. ``(2) Licensing agreements.--A licensing agreement under subsection (b)(1) to purchase an exclusive license relating to manufacture and distribution of a drug to treat an addiction to cocaine or heroin shall transfer to the Secretary-- ``(A) the exclusive right to make, use, or sell the patented drug for the purpose of treating an addiction to cocaine or heroin within the United States for the term of the patent; ``(B) the right to use any patented processes relating to manufacturing the drug; and ``(C) any trade secret or confidential business information relating to the development of the drug, process for manufacturing the drug, and therapeutic effects of the drug relating to use of the drug to treat an addiction to cocaine or heroin. ``SEC. 553. PLAN FOR MANUFACTURE AND DEVELOPMENT. ``(a) In General.--Not later than 90 days after the date on which the Secretary purchases the patent rights of a patent owner, or enters into a licensing agreement with a patent owner, relating to a drug under section 551, the Secretary shall develop a plan for the manufacture and distribution of the drug. ``(b) Plan Requirements.--The plan shall set forth-- ``(1) procedures for the Secretary to enter into licensing agreements with private entities for the manufacture and the distribution of the drug; ``(2) procedures for making the drug available to nonprofit entities and private entities to use in the treatment of a cocaine or heroin addiction; ``(3) a system to establish the sale price for the drug; and ``(4) policies and procedures with respect to the use of Federal funds by State and local governments or nonprofit entities to purchase the drug from the Secretary. ``(c) Applicability of Procurement and Licensing Laws.--The procurement and licensing laws of the United States shall be applicable to procurements and licenses covered under the plan described in subsection (a). ``(d) Review of Plan.-- ``(1) In general.--Upon completion of the plan under subsection (a), the Secretary shall notify the Committee on the Judiciary and the Committee on Economic and Educational Opportunities of the House of Representatives, and the Committee on the Judiciary and the Committee on Labor and Human Resources of the Senate, of the development of the plan and publish the plan in the Federal Register. The Secretary shall provide an opportunity for public comment on the plan for a period of not more than 30 days after the date of the publication of the plan in the Federal Register. ``(2) Final plan.--Not later than 60 days after the date of the expiration of the comment period described in paragraph (1), the Secretary shall publish in the Federal Register a final plan. The implementation of the plan shall begin on the date of the final publication of the plan. ``(e) Construction.--The development, publication, or implementation of the plan, or any other agency action with respect to the plan, shall not be considered agency action subject to judicial review. ``(f) Regulations.--The Secretary may promulgate regulations to carry out this section. ``SEC. 554. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subchapter, such sums as may be necessary in each of the fiscal years 1997 through 1999.''.

TABLE OF CONTENTS: Title I: Development of Drugs for the Treatment of Addictions to Illegal Drugs Title II: Development, Manufacture, and Procurement of Drugs for the Addiction (sic) of Cocaine and Heroin Addictions Pharmacotherapy Development Act of 1996 - Title I: Development of Drugs for the Treatment of Addictions to Illegal Drugs - Amends the Federal Food, Drug, and Cosmetic Act to add references to drugs for the treatment of addiction to illegal drugs to provisions relating to drugs for rare diseases or conditions, allowing exclusive approval, certification, or licensure, subject to exception. Requires that the sponsor of such a treatment drug be encouraged to design open protocols. Title II: Development, Manufacture, and Procurement of Drugs for the Addiction (sic) of Cocaine and Heroin Addictions - Requires that the Institute of Medicine of the National Academy of Sciences establish criteria for an acceptable drug for the treatment of addiction to cocaine and an acceptable drug for the treatment of addiction to heroin. Allows the patent owner of a drug to treat cocaine or heroin addiction to apply to the Secretary of Health and Human Services to sell the patent rights to, or make an exclusive licensing agreement with, the Secretary. Sets the purchase amount at $100 million for the cocaine treatment drug and $50 million for the heroin treatment drug. Directs the Secretary, after the sale or licensing, to develop a manufacturing and distribution plan. Authorizes appropriations.

Pharmacotherapy Development Act of 1996

SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF SELF-TAPPING SCREWS. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the United States Customs Service within 180 days after the date of the enactment of this Act, the Customs Service-- (1) shall reliquidate each entry described in subsection (c) containing any merchandise which, at the time of original liquidation, had been classified under subheading 7318.12 of the Harmonized Tariff Schedule of the United States (relating to wood screws); and (2) shall reliquidate such merchandise under subheading 7318.14 of the Harmonized Tariff Schedule of the United States (relating to self-tapping screws), depending upon their diameter, at the rate of duty then applicable for such merchandise. (b) Payment of Amounts Owed.--Any amounts owed by the United States pursuant to the reliquidation of an entry under subsection (a) shall be paid within 180 days after the date on which the request is made. (c) Affected Entries.--The entries referred to in subsection (a), filed at the port of Philadelphia, are as follows: ------------------------------------------------------------------------ Entry No. Date of entry Liquidation Date ------------------------------------------------------------------------ Av1-0893629-3 08-11-93 01-14-94 Av1-0893735-8 09-09-93 01-14-94 Av1-0893766-3 09-20-93 01-14-94 Av1-0893809-1 10-13-93 01-14-94 Av1-0893810-9 10-11-93 01-14-94 Av1-0893811-7 10-06-93 01-14-94 Av1-0893846-3 10-19-93 03-18-94 Av1-0893872-9 10-25-93 01-14-94 Av1-0893873-7 10-25-93 01-14-94 Av1-0893904-0 11-02-93 03-18-94 Av1-0893913-1 11-08-93 01-14-94 Av1-0893936-2 11-15-93 01-14-94 Av1-0893949-5 11-18-93 01-14-94 Av1-0893963-6 11-22-93 01-14-94 Av1-0893981-8 11-30-93 03-18-94 Av1-0894012-1 12-06-93 03-18-94 Av1-0894013-9 12-06-93 03-18-94 Av1-0894057-6 12-20-93 03-18-94 Av1-0894058-4 12-20-93 03-18-94 Av1-0894095-6 12-29-93 04-01-94 Av1-0894100-4 01-05-94 04-01-94 Av1-0894108-7 01-04-94 04-22-94 Av1-0894159-0 01-31-94 05-20-94 Av1-0894222-6 02-14-94 04-08-94 Av1-0894245-7 02-19-94 04-08-94 Av1-0894274-7 02-25-94 04-08-94 Av1-0894298-6 03-07-94 04-22-94 Av1-0894299-4 03-08-94 04-22-94 Av1-0894335-6 03-14-94 05-06-94 Av1-0894348-9 03-17-94 05-06-94 Av1-0894355-4 03-30-94 05-06-94 Av1-0894382-8 03-24-94 06-17-94 Av1-0894420-6 04-06-94 06-17-94 Av1-0894429-7 04-11-94 06-24-94 Av1-0894356-2 04-04-94 08-12-94 Av1-0894516-1 05-23-94 07-29-94 Av1-0894517-9 05-23-94 07-29-94 Av1-0894531-0 06-01-94 07-29-94 Av1-0894570-8 05-27-94 09-30-94 Av1-0894580-7 05-31-94 07-29-94 Av1-0894606-0 06-07-94 07-29-94 Av1-0894607-8 06-15-94 07-29-94 Av1-0894608-6 06-06-94 07-29-94 Av1-0894661-5 06-21-94 08-19-94 Av1-0894682-1 06-24-94 08-12-94 Av1-0894685-4 07-05-94 08-12-94 Av1-0894697-9 07-06-94 08-12-94 Av1-0894698-7 07-12-94 08-12-94 Av1-0894820-7 07-27-94 09-16-94 Av1-0894910-6 08-18-94 09-30-94 ------------------------------------------------------------------------

Provides, upon request, for the reliquidation of certain entries of self-tapping screws.

To provide for the reliquidation of certain entries of self-tapping screws.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Generic Pharmaceutical Access and Choice for Consumers Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. TITLE I--REQUIRING THE USE OF GENERIC DRUGS Sec. 101. Requiring the use of generic drugs under the Public Health Service Act. Sec. 102. Application to Federal employees health benefits program. Sec. 103. Application to medicare program. Sec. 104. Application to medicaid program. Sec. 105. Application to Indian Health Service. Sec. 106. Application to veterans programs. Sec. 107. Application to recipients of uniformed services health care. Sec. 108. Application to Federal prisoners. TITLE II--THERAPEUTIC EQUIVALENCE REQUIREMENTS FOR GENERIC DRUGS Sec. 201. Therapeutic equivalence of generic drugs. TITLE III--GENERIC PHARMACEUTICALS AND MEDICARE REFORM Sec. 301. Sense of the Senate on requiring the use of generic pharmaceuticals under the medicare program. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Generic pharmaceuticals are approved by the Food and Drug Administration on the basis of scientific testing and other information establishing that such pharmaceuticals are therapeutically equivalent to brand-name pharmaceuticals, ensuring consumers a safe, efficacious, and cost-effective alternative to brand-name innovator pharmaceuticals. (2) The pharmaceutical market has become increasingly competitive during the last decade because of the increasing availability and accessibility of generic pharmaceuticals. (3) The Congressional Budget Office estimates that-- (A) the substitution of generic pharmaceuticals for brand-name pharmaceuticals will save purchasers of pharmaceuticals between $8,000,000,000 and $10,000,000,000 each year; and (B) quality generic pharmaceuticals cost between 25 percent and 60 percent less than brand-name pharmaceuticals, resulting in an estimated average savings of $15 to $30 on each prescription filled. (4) Independent studies have estimated that generics provide an average savings of $45.50 for each prescription drug sold. (5) Generic pharmaceuticals are widely accepted by both consumers and the medical profession, as the market share held by generic pharmaceuticals compared to brand-name pharmaceuticals has more than doubled during the last decade, from approximately 19 percent to 43 percent, according to the Congressional Budget Office. (6) Generic pharmaceuticals can save consumers an additional $1,320,000,000 each year for each 1 percent increase in the use of such pharmaceuticals. (7) Generic pharmaceutical use can help both consumers and the Government reduce the cost of prescription drugs. (b) Purposes.--The purposes of this Act are-- (1) to reduce the cost of prescription drugs to the United States Government and to beneficiaries under Federal health care programs while maintaining the quality of health care by requiring the use of generic drugs rather than nongeneric drugs, unless no therapeutically equivalent generic drug has been approved under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or the nongeneric drug is specifically-- (A) ordered by the prescribing provider; or (B) requested by the individual for whom the drug is prescribed; and (2) to increase the utilization of generic pharmaceuticals by requiring the Food and Drug Administration, where appropriate, to determine that a generic pharmaceutical is the therapeutic equivalent of its brand-name counterpart, and by affording national uniformity to that determination. TITLE I--REQUIRING THE USE OF GENERIC DRUGS SEC. 101. REQUIRING THE USE OF GENERIC DRUGS UNDER THE PUBLIC HEALTH SERVICE ACT. (a) In General.--Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following new section: ``SEC. 247. USE OF GENERIC DRUGS REQUIRED. ``(a) Requirement.--Each grant or contract entered into under this Act that involves the provision of health care items or services to individuals shall include provisions to ensure that any prescription drug provided for under such grant or contract is filled by providing the generic form of the drug involved, unless no generic form of the drug has been approved under the Federal Food, Drug, and Cosmetic Act or the nongeneric form of the drug is specifically-- ``(1) ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed. ``(b) Definitions.--In this section: ``(1) Generic form of the drug.--The term `generic form of the drug' means a drug that is the subject of an application approved under subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), for which the Secretary has made a determination that the drug is the therapeutic equivalent of a listed drug under section 505(o) of that Act (21 U.S.C. 355(o)). ``(2) Nongeneric form of the drug.--The term `nongeneric form of the drug' means a drug that is the subject of an application approved under-- ``(A) section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(1)); or ``(B) section 505(b)(2) of such Act and that has been determined to be not therapeutically equivalent to any listed drug. ``(3) Prescription drug.--The term `prescription drug' means a drug that is subject to the provisions of section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)).''. (b) Effective Date.--The amendment made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. SEC. 102. APPLICATION TO FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(p) If a contract under this chapter provides for the provision of, the payment for, or the reimbursement of the cost of any prescription drug (as defined in paragraph (3) of section 247(b) of the Public Health Service Act), the carrier shall provide, pay, or reimburse the cost of the generic form of the drug (as defined in paragraph (1) of such section), except that this subsection shall not apply if the nongeneric form of the drug (as defined in paragraph (2) of such section) is specifically-- ``(1) ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Effective Date.--The amendment made by this section shall apply to any prescription drug furnished during contract years beginning on or after January 1, 2002. SEC. 103. APPLICATION TO MEDICARE PROGRAM. (a) In General.--Section 1861(t) of the Social Security Act (42 U.S.C. 1395x(t)) is amended by adding at the end the following new paragraph: ``(3) For purposes of paragraph (1), the term `drugs' means the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), unless no generic form of the drug has been approved under the Federal Food, Drug, and Cosmetic Act or the nongeneric form of such drug (as defined in section 247(b)(2) of such Act) is specifically-- ``(A) ordered by the health care provider; or ``(B) requested by the individual to whom the drug is provided.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by this section shall apply with respect to any prescription drug furnished on or after the date of enactment of this Act. (2) Medicare+choice plans.--In the case of a Medicare+Choice plan offered by a Medicare+Choice organization under part C of title XVIII of the Social Security Act (42 U.S.C. 1395w-21 et seq.), the amendment made by this section shall apply to any prescription drug furnished during contract years beginning on or after January 1, 2002. SEC. 104. APPLICATION TO MEDICAID PROGRAM. (a) In General.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (64), by striking ``and'' at the end; (2) in paragraph (65), by striking the period at the end and inserting ``; and''; and (3) by adding the following new paragraph: ``(66) provide that the State shall, in conjunction with the program established under section 1927(g), provide for the use of a generic form of a drug (as defined in paragraph (1) of section 247(b) of the Public Health Service Act), unless no generic form of the drug has been approved under the Federal Food, Drug, and Cosmetic Act or the nongeneric form of the drug (as defined in paragraph (2) of such section) is specifically-- ``(A) ordered by the provider; or ``(B) requested by the individual to whom the drug is provided.''. (b) Effective Date.--The amendment made by this section shall apply with respect to any prescription drug furnished under State plans that are approved or renewed on or after the date of enactment of this Act. SEC. 105. APPLICATION TO INDIAN HEALTH SERVICE. (a) In General.--Title II of the Indian Health Care Improvement Act (25 U.S.C. 1621 et seq.) is amended by adding at the end the following new section: ``SEC. 225. USE OF GENERIC DRUGS REQUIRED. ``In providing health care items or services under this Act, the Indian Health Service shall ensure that any prescription drug (as defined in paragraph (3) of section 247(b) of the Public Health Service Act) that is provided under this Act is the generic form of the drug (as defined in paragraph (1) of such section) involved, unless no generic form of the drug has been approved under the Federal Food, Drug, and Cosmetic Act or the nongeneric form of the drug (as defined in paragraph (2) of such section) is specifically-- ``(1) ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Effective Date.--The amendment made by this section shall apply with respect to any prescription drug furnished on or after the date of enactment of this Act. SEC. 106. APPLICATION TO VETERANS PROGRAMS. (a) Use of Generic Drugs Required.--Subchapter III of chapter 17 of title 38, United States Code, is amended by inserting after section 1722A the following new section: ``Sec. 1722B. Use of generic drugs required ``When furnishing a prescription drug (as defined in paragraph (3) of section 247(b) of the Public Health Service Act) under this chapter, the Secretary shall furnish a generic form of the drug (as defined in paragraph (1) of such section), unless no generic form of the drug has been approved under the Federal Food, Drug, and Cosmetic Act or the nongeneric form of the drug (as defined in paragraph (2) of such section) is specifically-- ``(1) ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1722A the following new item: ``1722B. Use of generic drugs required.''. (c) Effective Date.--The amendments made by this section shall apply with respect to any prescription drug furnished on or after the date of enactment of this Act. SEC. 107. APPLICATION TO RECIPIENTS OF UNIFORMED SERVICES HEALTH CARE. (a) Use of Generic Drugs Required.--Chapter 55 of title 10, United States Code, as amended by section 751(b) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398), is amended by adding at the end the following new section: ``Sec. 1111. Use of generic drugs required ``The Secretary of Defense shall ensure that each health care provider who furnishes a prescription drug (as defined in paragraph (3) of section 247(b) of the Public Health Service Act) furnishes the generic form of the drug (as defined in paragraph (1) of such section), unless no generic form of the drug has been approved under the Federal Food, Drug, and Cosmetic Act or the nongeneric form of the drug (as defined in paragraph (2) of such section) is specifically-- ``(1) ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1109 the following new item: ``1111. Use of generic drugs required.''. (c) Effective Date.--The amendments made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. SEC. 108. APPLICATION TO FEDERAL PRISONERS. (a) In General.--Section 4006(b) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(3) Use of generic drugs required.--The Attorney General shall ensure that each health care provider who furnishes a prescription drug (as defined in paragraph (3) of section 247(b) of the Public Health Service Act) to a prisoner charged with or convicted of an offense against the United States furnishes the generic form of the drug (as defined in paragraph (1) of such section), unless no generic form of the drug has been approved under the Federal Food, Drug, and Cosmetic Act or the nongeneric form of the drug (as defined in paragraph (2) of such section) is specifically-- ``(A) ordered by the prescribing provider; or ``(B) requested by the prisoner for whom the drug is prescribed.''. (b) Effective Date.--The amendment made by this section shall apply with respect to any prescription drug furnished on or after the date of enactment of this Act. TITLE II--THERAPEUTIC EQUIVALENCE REQUIREMENTS FOR GENERIC DRUGS SEC. 201. THERAPEUTIC EQUIVALENCE OF GENERIC DRUGS. (a) In General.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended-- (1) by adding at the end the following new subsection: ``(o)(1) For each application filed under subsection (b)(2) or subsection (j), the Secretary shall determine whether the drug for which the application is filed is the therapeutic equivalent of the drug for which the investigations have been made under subsection (b)(1)(A) (in this subsection referred to as the `reference drug') or the listed drug referred to in subsection (j)(2)(A)(i). For applications approved after the date of enactment of this subsection, the Secretary's determination shall be made before the approval of the application. For such applications approved before such date, the most recent determination made by the Secretary shall be confirmed. ``(2) For purposes of paragraph (1), a drug is the therapeutic equivalent of a reference drug or a listed drug if-- ``(A) each active ingredient of the drug and either the reference drug or the listed drug is the same; ``(B) the drug and either the reference drug or the listed drug-- ``(i) are of the same dosage form; ``(ii) have the same route of administration; ``(iii) are identical in strength or concentration; and ``(iv) are expected to have the same clinical effect and safety profile when administered to patients under conditions specified in the labeling; and ``(C) the drug does not present a known bioequivalence problem, or if the drug presents such a problem, the drug is shown to meet an appropriate bioequivalence standard. ``(3) With respect to a drug for which a therapeutic equivalence determination has been made or confirmed under this subsection, no State or political subdivision of a State may establish or continue in effect with respect to therapeutic equivalence of the drug to either a reference drug or a listed drug, any requirement which is different from, or in addition to, or is otherwise not identical with, the Secretary's determination or confirmation under this subsection.''; and (2) in subsection (j)(7)(A), by adding at the end the following: ``(iv) The Secretary shall include in each revision of the list under clause (ii) on or after the date of enactment of this clause the official and proprietary name of each reference drug or listed drug that is therapeutically equivalent to a drug approved under subsection (b)(2) or under this subsection during the preceding 30-day period, as determined under subsection (o).''. (b) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. TITLE III--GENERIC PHARMACEUTICALS AND MEDICARE REFORM SEC. 301. SENSE OF THE SENATE ON REQUIRING THE USE OF GENERIC PHARMACEUTICALS UNDER THE MEDICARE PROGRAM. It is the sense of the Senate that legislative language requiring the safe and cost-effective use of generic pharmaceuticals should be considered in conjunction with any legislation that adds a comprehensive prescription drug benefit to the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).

Generic Pharmaceutical Access and Choice for Consumers Act of 2001 -Amends the Public Health Service Act to require each grant or contract entered into under the Act that involves the provision of health care items or services to individuals to include provisions to ensure that any prescriptions provided for under such grant or contract are filled by providing the generic form of the drug involved, unless there is no approved generic form of the drug, or the nongeneric form of the drug is either specifically ordered by the prescribing provider or requested by the individual for whom the drug is prescribed.Makes similar changes under the Federal Employee Health Benefits program, Medicare program, Medicaid program, and programs affecting Indians, veterans, the uniformed services, and prisoners.Amends the Federal Food, Drug, and Cosmetic Act to require that for each drug application filed there shall be a determination as to whether there is a therapeutic equivalent for such drug.

A bill to provide access and choice for use of generic drugs instead of nongeneric drugs under Federal health care programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Investment National Security Review Act of 2006''. SEC. 2. INVESTIGATION OF CERTAIN TRANSACTIONS FOR NATIONAL SECURITY IMPLICATIONS. (a) In General.--Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is amended to read as follows: ``SEC. 721. INVESTIGATION OF CERTAIN TRANSACTIONS FOR NATIONAL SECURITY IMPLICATIONS. ``(a) Investigations.-- ``(1) In general.--Upon receiving written notification, as prescribed by regulations under this section, of any merger, acquisition, or takeover proposed or pending on or after the date of the enactment of this section by or with any foreign person which could result in foreign control of any person engaged in interstate commerce in the United States, the President, acting through the President's designee and the Committee on Foreign Investment in the United States shall conduct an investigation to determine the effects, if any, of the proposed or pending merger, acquisition, or takeover on the national security of the United States. ``(2) Timing.--Any investigation required under paragraph (1) shall be completed before the end of the 75-day period beginning on the date of the receipt by the President or the President's designee of written notification of the proposed or pending merger, acquisition, or takeover. ``(b) Confidentiality of Information.-- ``(1) In general.--Any information or documentary material filed with the President or the President's designee pursuant to this section shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public, except as may be relevant to any administrative or judicial action or proceeding. ``(2) Availability to the congress.--No provision of paragraph (1) shall be construed as preventing the disclosure of any information or documentary material to either House of Congress or to any duly authorized committee or subcommittee of the Congress. ``(c) Committee on Foreign Investment in the United States.-- ``(1) Establishment.--The Committee on Foreign Investment in the United States established pursuant to Executive Order No. 11858 (hereafter in this section referred to as the `Committee') shall be a multi-agency committee to carry out this section and such other assignments as the President may designate. ``(2) Membership.--The Committee shall be comprised of the following members: ``(A) The Secretary of the Treasury. ``(B) The Secretary of State. ``(C) The Secretary of Defense. ``(D) The Secretary of Homeland Security. ``(E) The Attorney General. ``(F) The Secretary of Commerce. ``(G) The Director of the Office of Management and Budget. ``(H) The United States Trade Representative. ``(I) The Chairman of the Council of Economic Advisors. ``(J) The Director of the Office of Science and Technology Policy. ``(3) Chairperson.--The Secretary of the Treasury shall be the Chairperson of the Committee. ``(4) Other members.--The Chairperson of the Committee shall involve the heads of such other Federal agencies, the Assistant to the President for National Security Affairs, and the Assistant to the President for Domestic Policy in any investigation under subsection (a) as the Chairperson determines to be appropriate on the basis of the facts and circumstances of the transaction under investigation. ``(5) Role of the director of national intelligence.--The Director of National Intelligence shall provide appropriate intelligence analysis and intelligence briefings to the Committee. ``(d) Action by the President.-- ``(1) In general.--No proposed or pending acquisition, merger, or takeover, of a person engaged in interstate commerce in the United States by or with foreign persons may occur unless the President, on the basis of an investigation and report by the Committee, finds that such acquisition, merger or takeover, will not threaten to impair the national security of the United States, as defined by regulations prescribed pursuant to this section, and approves the transaction. ``(2) Enforcement.--The President shall direct the Attorney General to seek appropriate relief, including divestment relief, in the district courts of the United States in order to implement and enforce-- ``(A) any finding, action, or determination under this section of disapproval of an acquisition, merger, or takeover; or ``(B) any conditions imposed on any approval of any acquisition, merger, or takeover. ``(3) Finality of determinations.--All actions and determinations under this section shall be final and not subject to judicial review. ``(e) Findings by the President.-- ``(1) In general.--A finding under this section of impairment or threatened impairment to national security shall be based on credible evidence that leads the President to believe that-- ``(A) the foreign interest exercising control might take action that threatens to impair the national security; and ``(B) other provisions of law do not provide adequate and appropriate authority for the President to protect the national security. ``(2) Factors to be considered.--Any investigation under this section shall take into account the following factors: ``(A) Domestic production needed for projected national defense requirements. ``(B) The capability and capacity of domestic industries to meet national defense requirements, including the availability of human resources, products, technology, materials, and other supplies and services. ``(C) The control of domestic industries and commercial activity by foreign citizens as it affect the capability and capacity of the United States to meet the requirements of national security. ``(D) The potential effects of the proposed or pending transaction on sales of military goods, equipment, or technology to any country-- ``(i) identified by the Secretary of State-- ``(I) under section 6(j) of the Export Administration Act of 1979, as a country that supports terrorism; ``(II) under section 6(l) of the Export Administration Act of 1979, as a country of concern regarding missile proliferation; or ``(III) under section 6(m) of the Export Administration Act of 1979, as a country of concern regarding the proliferation of chemical and biological weapons; or ``(ii) listed under section 309(c) of the Nuclear Non-Proliferation Act of 1978 on the `Nuclear Non-Proliferation-Special Country List' (15 C.F.R. Part 778, Supplement No. 4) or any successor list. ``(E) The potential effects on the proposed or pending transaction on United States international technological leadership in areas affecting United States national security. ``(f) Report to the Congress.--Upon making any determination to approve or disapprove any merger, acquisition, or takeover by or with any foreign person which could result in foreign control of any person engaged in interstate commerce in the United States, the President shall immediately transmit to the Secretary of the Senate and the Clerk of the House of Representatives a written report of the President's determination under this section to approve or disapprove such merger, acquisition, or takeover, including a detailed explanation of the finding made and factors considered. ``(g) Congressional Action.-- ``(1) In general.--If the determination of the President contained in the report transmitted to the Congress under subsection (f) is that the President will approve any merger, acquisition, or takeover under subsection (d) and not later than 30 days after the date on which Congress receives the report, a joint resolution described in paragraph (2) is enacted into law, then the President shall take such action under subsection (d) as is necessary to prohibit the merger, acquisition, or takeover, including, if such acquisition has been completed, directing the Attorney General to seek divestment or other appropriate relief in the district courts of the United States. ``(2) Joint resolution described.--For purposes of paragraph (1), the term `joint resolution' means a joint resolution of the Congress, the sole matter after the resolving clause of which is as follows: `That the Congress disapproves the determination of approval of the President contained in the report submitted to Congress pursuant to section 721(f) of the Defense Production Act of 1950 on _____.', with the blank space being filled with the appropriate date. ``(3) Computation of review period.--In computing the 30- day period referred to in paragraph (1), there shall be excluded any day described in section 154(b) of the Trade Act of 1974. ``(h) Regulations.--The President shall direct the issuance of regulations to carry out this section. Such regulations shall, to the extent possible, minimize paperwork burdens and shall to the extent possible coordinate reporting requirements under this section with reporting requirements under any other provision of Federal law. ``(i) Effect on Other Law.--No provision of this section shall be construed as altering or affecting any existing authority, power, process, regulation, investigation, enforcement measure, or review provided by any other provision of law. ``(j) Technology Risk Assessments.--In any case in which an assessment of the risk of diversion of defense critical technology is performed by the Committee or any other designee of the President, a copy of such assessment shall be provided to any other designee of the President responsible for reviewing or investigating a merger, acquisition, or takeover under this section. ``(k) Biennial Report on Critical Technologies.-- ``(1) In general.--In order to assist the Congress in its oversight responsibilities with respect to this section, the President and such agencies as the President shall designate shall complete and furnish to the Congress, not later than May 1, 2007, and upon the expiration of every 2 years thereafter, a report, both in classified and unclassified form, which-- ``(A) evaluates whether there is credible evidence of a coordinated strategy by 1 or more countries or companies to acquire United States companies involved in research, development, or production of critical technologies for which the United States is a leading producer; and ``(B) evaluates whether there are industrial espionage activities directed or directly assisted by foreign governments against private United States companies aimed at obtaining commercial secrets related to critical technology. ``(2) Definition.--For the purposes of this subsection, the term `critical technologies' means technologies identified under title VI of the National Science and Technology Policy, Organization, and Priorities Act of 1976 or other critical technology, critical components, or critical technology items essential to national defense or security identified pursuant to this section. ``(l) Biennial Report on Critical Infrastructure.--In order to assist the Congress in its oversight responsibilities, the President and such agencies as the President shall designate shall complete and furnish to the Congress, not later than 90 days after the date of enactment of this subsection and upon the expiration of every 2 years thereafter, a report, both in classified and unclassified form, which-- ``(1) lists all critical infrastructure, as defined under subtitle B of title II of Public Law 107-296, that is owned, controlled or dominated by an alien, a foreign corporation, or a foreign government; ``(2) evaluates whether there is credible evidence of a coordinated strategy by 1 or more countries or companies to acquire United States critical infrastructure; and ``(3) evaluates whether there are industrial espionage activities directed or directly assisted by foreign governments against private United States companies controlling critical infrastructure.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to the review and investigation of any acquisition, merger, or takeover which is or becomes subject to section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) (as in effect immediately before the date of the enactment of this Act or on or after such date) that has not become final before the date of the enactment of this Act.

Foreign Investment National Security Review Act of 2006 - Amends the Defense Production Act of 1950 to revise provisions concerning presidential authority to review pending or proposed mergers, acquisitions, or takeovers (transactions) which could result in foreign control of any person engaged in interstate commerce in the United States. Directs the President, after receiving written notification of a transaction, and acting through the Committee on Foreign Investment in the United States (CFIUS), to conduct an investigation to determine the effects, if any, of the transaction on U.S. national security. Requires investigations to be completed within 75 days. Reestablishes CFIUS as a multi-agency committee (currently, a committee within the Department of the Treasury). Prohibits a transaction unless the President finds that it will not threaten to impair U.S. national security. Provides for enforcement of presidential findings. Prohibits judicial review of such determinations. Outlines factors to be considered during an investigation, including domestic production and national defense requirements. Requires the President, after a determination to approve or disapprove a transaction, to immediately notify (by written report) both Houses of Congress. Allows Congress 30 days after notification of an approved transaction to pass a joint resolution disapproving the transaction. Directs the President and designated agencies to submit biennial reports to Congress on: (1) evidence of coordinated strategies by one or more countries to acquire U.S. companies involved in research, development, or production of critical technologies for which the United States is a leading producer; and (2) U.S. critical infrastructure owned, controlled, or dominated by an alien, foreign corporation, or foreign government.

To amend section 721 of the Defense Production Act of 1950 to enhance the effectiveness of the investigations of certain mergers, acquisitions, and takeovers for national security implications, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Seniors Receiving Dialysis Choice Act of 2016'' or as the ``ESRD Choice Act of 2016''. SEC. 2. EXPANDING MEDICARE ADVANTAGE COVERAGE FOR INDIVIDUALS WITH END- STAGE RENAL DISEASE (ESRD). (a) Expanded MA Eligibility.-- (1) In general.--Section 1851(a)(3) of the Social Security Act (42 U.S.C. 1395w-21(a)(3)) is amended-- (A) by striking subparagraph (B); and (B) by striking ``eligible individual'' and all that follows through ``In this title, subject to subparagraph (B),'' and inserting ``eligible individual.--In this title,''. (2) Conforming amendments.-- (A) Section 1852(b)(1) of the Social Security Act (42 U.S.C. 1395w-22(b)(1)) is amended-- (i) by striking subparagraph (B); and (ii) by striking ``Beneficiaries'' and all that follows through ``A Medicare+Choice organization'' and inserting ``Beneficiaries.-- A Medicare Advantage organization''. (B) Section 1859(b)(6) of the Social Security Act (42 U.S.C. 1395w-28(b)(6)) is amended by striking ``may waive'' and all that follows through ``subparagraph and''. (b) Excluding Costs for Kidney Acquisitions From MA Benchmark.-- Section 1853 of the Social Security Act (42 U.S.C. 1395w-23) is amended-- (1) in subsection (k)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``paragraphs (2) and (4)'' and inserting ``paragraphs (2), (4), and (5)''; and (ii) in subparagraph (B)(i), by striking ``paragraphs (2) and (4)'' and inserting ``paragraphs (2), (4), and (5)''; and (B) by adding at the end the following new paragraph: ``(5) Exclusion of costs for kidney acquisitions from capitation rates.--After determining the applicable amount for an area for a year under paragraph (1) (beginning with 2019), the Secretary shall adjust such applicable amount to exclude from such applicable amount the Secretary's estimate of the standardized costs for payments for organ acquisitions for kidney transplants covered under this title (including expenses covered under section 1881(d)) in the area for the year.''; and (2) in subsection (n)(2)-- (A) in subparagraph (A)(i), by inserting ``and, for 2019 and subsequent years, the exclusion of payments for organ acquisitions for kidney transplants from the capitation rate as described in subsection (k)(5)'' before the semicolon at the end; (B) in subparagraph (E), in the matter preceding clause (i), by striking ``subparagraph (F)'' and inserting ``subparagraphs (F) and (G)''; and (C) by adding at the end the following new subparagraph: ``(G) Application of kidney acquisitions adjustment.--The base payment amount specified in subparagraph (E) for a year (beginning with 2019) shall be adjusted in the same manner under paragraph (5) of subsection (k) as the applicable amount is adjusted under such subsection.''. (c) FFS Coverage of Kidney Acquisitions.-- (1) In general.--Section 1852(a)(1)(B)(i) of the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)(i)) is amended by inserting ``or coverage for organ acquisitions for kidney transplants, including as covered under section 1881(d)'' after ``hospice care''. (2) Conforming amendment.--Section 1851(i) of the Social Security Act (42 U.S.C. 1395w-21(i)) is amended by adding at the end the following new paragraph: ``(3) FFS payment for expenses for kidney acquisitions.-- Paragraphs (1) and (2) do not apply with respect to expenses for organ acquisitions for kidney transplants described in section 1852(a)(1)(B)(i).''. (d) Sense of Congress Regarding Application of Appropriate Medicare Advantage Risk Adjustment for Payment for Increased ESRD Enrollees.--It is the sense of Congress that in implementing the policies under this section, the Centers for Medicare & Medicaid Services should provide, in an accurate and transparent manner, for risk adjustment to payment under the Medicare Advantage program to account for the increased enrollment in Medicare Advantage plans of individuals with end-stage renal disease. (e) Expanded MA Education.--Section 1851(d)(2)(A)(iii) of the Social Security Act (42 U.S.C. 1395w-21(d)(2)(A)(iii)) is amended by inserting before the period at the end the following: ``, including any additional information that individuals determined to have end-stage renal disease may need to make informed decisions with respect to such an election''. (f) Report.--Not later than April 1, 2022, the Administrator of the Centers for Medicare & Medicaid Services shall submit to Congress a report on the impact of the amendments made by this section on spending under the traditional Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act as well as on spending under parts C and D of such title. The report shall include an assessment of the risk adjustment payment methodologies under such parts C and D and their adequacy with respect to individuals with end- stage renal disease and such recommendations as the Administrator deems appropriate. (g) Effective Date.--The amendments made by this section shall apply to plans years beginning on or after January 1, 2020. Passed the House of Representatives September 21, 2016. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on September 19, 2016. Expanding Seniors Receiving Dialysis Choice Act of 2016 or the ESRD Choice Act of 2016 (Sec. 2) This bill amends title XVIII (Medicare) of the Social Security Act to allow individuals with end-stage renal disease (ESRD) to be eligible for Medicare Advantage (MA). Under current law, only individuals who develop ESRD while already enrolled in an MA plan may be considered eligible. With respect to payment, the bill: (1) shifts responsibility for the cost of kidney acquisitions from MA plans to Medicare's fee-for-service program, and (2) excludes such costs from the calculation of certain benchmarks that form the basis for payment under MA plans.

ESRD Choice Act of 2016

SECTION 1. AGREEMENTS FOR COOPERATION WITH STATES NOT PARTY TO THE TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS. (a) In General.--Chapter 11 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2151 et seq.) is amended by inserting after section 123 the following new section: ``nuclear cooperation with states not party to the treaty on the non- proliferation of nuclear weapons ``Sec. 123A. a. Requirements.--Cooperation may be undertaken under section 53, 54 a., 57, 64, 82, 103, or 104 with a state that is not a party to the Treaty on the Non-Proliferation of Nuclear Weapons as of January 2002, if that state-- ``(1) has not carried out any nuclear weapon test explosion or any other nuclear explosion after May 1998, and is adhering to a unilateral moratorium on carrying out any such explosion, or has signed and is adhering to a multilateral treaty prohibiting any such explosion; ``(2) either-- ``(A) is adhering to a unilateral moratorium on the production of fissile material for nuclear weapons; ``(B) is adhering to a multilateral moratorium on the production of fissile material for nuclear weapons; or ``(C) has signed and is adhering to a multilateral treaty banning the production of fissile material for nuclear weapons; ``(3) has provided the United States and the International Atomic Energy Agency with a credible and comprehensive plan to separate all civil and military nuclear facilities, materials, and programs; ``(4) has entered into and is implementing an agreement with the IAEA requiring the application of safeguards in perpetuity to civil nuclear facilities and associated nuclear materials as declared in the plan described in paragraph (3); ``(5) has provided credible assurances, as part of the plan described in paragraph (3), that all future nuclear reactors that generate electricity will be designated as civil and placed under IAEA safeguards in perpetuity; ``(6) has signed and ratified, and is implementing, an IAEA Additional Protocol; ``(7) is playing an active and constructive role in addressing nuclear proliferation challenges posed by states of proliferation concern, preventing illicit nuclear transactions, and eliminating illicit nuclear commercial networks; ``(8) has established, and is successfully implementing, a national export control system capable of effectively controlling transfers of nuclear and nuclear-related material, equipment, technology, and related data, including stringent rules and procedures prohibiting unauthorized contacts and cooperation by personnel with nuclear expertise; ``(9) is adhering to the guidelines of the Nuclear Suppliers Group and the Missile Technology Control Regime; ``(10) has committed not to export enrichment, reprocessing, or other sensitive fuel-cycle equipment or technology to states that do not possess such equipment or technology or to any nongovernmental entity; ``(11) is applying stringent physical protection, control, and accountancy measures to all nuclear weapons, nuclear facilities, source material, and special nuclear material in its territory; ``(12) is in full compliance with any nuclear cooperation agreement previously entered into with the United States and with any derivative obligations stemming from such agreement that continue to apply; ``(13) is not engaged in illicit efforts to procure materials, equipment, or technology for a nuclear weapons program; ``(14) has a democratically-elected government that exerts effective control over the armed forces in its territory; and ``(15) meets the requirements under paragraphs (1), (3), (4), (5), (6), (7), (8), and (9) of section 123 a. ``b. Exclusions.--No cooperation under this section may include the transfer of any enrichment or reprocessing equipment or technology, heavy water, or the means to produce heavy water. ``c. Procedural Requirements.--Cooperation under this section shall become effective only if-- ``(1) the President certifies to the Congress that all the requirements set forth in subsection a. have been met; ``(2) the President certifies to the Congress that the agreement between the state with which an agreement for cooperation has been entered into and the IAEA requiring the application of safeguards in perpetuity to civil nuclear facilities and associated nuclear materials conforms substantially to IAEA safeguards standards, principles, and practices; ``(3) the President, after meeting the requirements under paragraphs (1)) and (2), submits the proposed agreement for cooperation to the Congress, and, within a period of 60 days of continuous session (as defined in section 130 g.) beginning on the date of the submission, the Congress adopts, and there is enacted, a joint resolution stating that the Congress does favor the agreement; and ``(4) the President certifies to the Congress that the NSG has reached a consensus decision to allow NSG participating governments to transfer trigger list items and related technology for use in civil nuclear facilities to the state with which an agreement for cooperation has been entered into, and that such decision does not allow transfers of nuclear or nuclear-related material, equipment, or technology that is prohibited under United States law or the terms of the agreement for cooperation with that state. Any such proposed agreement for cooperation shall be considered pursuant to the procedures set forth in section 130 i. for the consideration of Presidential submissions. ``d. Inapplicability of Certain Provisions.-- ``(1) Prior activities.--Section 129 shall not apply to a state with which an agreement for cooperation is entered into under this section, with respect to actions by that state before January 1, 2006. ``(2) Future activities.--Section 129(1)(D) shall not apply to a state with which an agreement for cooperation is entered into under this section, with respect to actions by that state after the enactment of this section ``e. Conduct Resulting in Termination of Nuclear Exports.-- ``(1) In general.--Nuclear or nuclear-related material, equipment, or technology may not be exported to a state with which an agreement for cooperation has been entered into under this section if the President determines the state, or any person or entity under the jurisdiction of the state, has-- ``(A) materially violated the agreement for cooperation with the United States, ``(B) terminated or abrogated IAEA safeguards that the state is required to maintain, ``(C) materially violated an IAEA safeguards agreement, ``(D) made any transfers of nuclear or nuclear- related material, equipment or technology that do not conform to NSG guidelines, ``(E) made any transfers of ballistic missiles or missile-related equipment or technology that does not conform to MTCR guidelines, ``(F) produced fissile material for nuclear weapons, ``(G) carried out any nuclear weapon test explosion or any other nuclear explosion, or ``(H) assisted, encouraged, or induced any non- nuclear weapon state to engage in activities involving source and special nuclear material and having direct significance for the manufacture or acquisition of nuclear explosive devices, unless the President determines that cessation of such exports would be seriously prejudicial to the achievement of United States non-proliferation objectives or otherwise jeopardize the common defense and security. ``(2) Congressional review.-- ``(A) In general.--A determination of the President under paragraph (1) regarding cessation of exports being seriously prejudicial shall become effective only if-- ``(i) the President submits the determination, together with a report containing the reasons for the determination, to the Congress; and ``(ii) during the period of 60 days of continuous session (as defined in subsection 130 g.) after the submission of the determination under clause (i), there is enacted a joint resolution stating in substance that the Congress does favor the determination. ``(B) Procedures.--Any determination of the President submitted to the Congress under subparagraph (A)-- ``(i) shall be referred to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate; and ``(ii) shall be considered pursuant to the procedures set forth in section 130 for the consideration of Presidential submissions, except that the reference in subsection f. of that section to a concurrent resolution shall be deemed to refer to a joint resolution. ``f. Annual Report.--For each state that has entered into an agreement for cooperation under this section, the President shall submit to the Congress, not later than 1 year after such agreement has been entered into, and every 12 months thereafter, a report containing the President's assessment of that state with respect to the matters addressed in subparagraphs (A) through (H) of subsection e.(1). ``g. Definitions.--In this section: ``(1) IAEA.--The term `IAEA' means the International Atomic Energy Agency. ``(2) MTCR.--The term `MTCR' means the Missile Technology Control Regime. ``(3) NSG.--The term `NSG' means the Nuclear Suppliers Group.''. (b) Conforming Amendment.--Section 130 of the Atomic Energy Act of 1954 (42 U.S.C. 2159) is amended-- (1) in subsection a., by striking ``subsection 126 a. (2)'' and inserting ``section 123A e. (2), 126 a. (2)''; and (2) in subsection i. (2), by inserting ``or 123A d.'' after ``123 d.''.

Amends the Atomic Energy Act of 1954 to set forth requirements for civilian cooperation with states that are not a party to the Treaty on the Non-Proliferation of Nuclear Weapons. Excludes from such cooperation transfer of any enrichment or reprocessing equipment or technology, heavy water, or the means to produce heavy water.

To establish sound criteria for civilian nuclear cooperation with certain countries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Character Learning and Student Success Act of 2001'' (CLASS Act of 2001). SEC. 2. GRANT TO DEVELOP INITIATIVES AND DISSEMINATE INFORMATION ABOUT CHARACTER EDUCATION. (a) Findings.--Congress finds the following: (1) The commitment of schools to the academic achievement of students should be partnered with an effort to address and improve the character of students. (2) Improving the character of students includes ensuring that students understand, care about, and act upon ethical values and virtues. (3) Improving the character of students promotes a more compassionate and responsible society. (4) Character education is an initiative in schools that attends to the social, emotional, and ethical development of students and is a means of teaching, modeling, and practicing positive ethical character traits as part of the regular school curriculum and culture. (5) Effective character education increases the self-esteem of students and decreases the risk that students will become isolated or do harm to others. (6) Schools that integrate character education into existing curriculum and daily activities foster the development of core ethical values and virtues in students, and provide for students a model of a community that is comprised of mature and responsible individuals. (7) An increasing number of States and local educational agencies are promoting the implementation of character education initiatives. (8) Successful character education requires that States, local educational agencies, schools, and teachers have access to effective methodologies, high-quality initiatives, professional development opportunities, criteria for assessing initiatives, and cost-effective opportunities to network nationally with each other, especially through electronic means. (9) As States and local educational agencies continue to coordinate the implementation of character education in schools, a central and comprehensive source of information regarding the activities of States and local educational agencies becomes increasingly necessary. (10) Information about the effectiveness of Federal, State, and local educational agency initiatives, the impact of those initiatives, and the advancement of character education in schools is essential to successfully educating students about character. (b) Grant Authorization.--The Secretary is authorized to make a single 5-year grant to the eligible organization that, in the judgment of the Secretary, best demonstrates-- (1) an expertise on the national level in providing to schools comprehensive and objective information regarding character education policies, organizations, initiatives, curricula, methods, research, and assessment; (2) a membership that is representative of the various individuals and groups who provide character education initiatives, resources, and curricula to schools; and (3) a history of, and commitment to, promoting and advocating quality character education initiatives. (c) Grant Requirements.-- (1) Initiative development.--The recipient of the grant under subsection (b) (hereafter in this section referred to as the ``grantee'') shall use the grant funds to develop initiatives that-- (A) present methods of addressing core ethical values in a comprehensive manner in schools; (B) emphasize student motivation and behavior; (C) assist in the development of schools as caring communities; (D) give students the opportunity to put character lessons into practice; (E) provide for the inclusion of families and communities in character education; (F) emphasize leadership, service, and teamwork as dimensions of character education; and (G) evaluate the effectiveness of character education, including the effect of character education initiatives on disciplinary referrals and on teacher expectations. (2) Information dissemination.--The grantee shall use the grant funds to collect and make available, in electronic form and through other means, information concerning-- (A) quality character education initiatives and methods; (B) models of professional development in character education; (C) methods of assessing and evaluating the effectiveness of character education initiatives; (D) the integration of character education into educational content, performance standards, and educational reform efforts; and (E) any topic that would be helpful to character educators in implementing character education initiatives. (3) Provision of services.--The grantee shall use the grant funds to provide-- (A) a searchable database that contains background and contact information on the leading character education groups, curricula, books, initiatives, and videos; (B) a checklist of criteria for schools to assess the appropriateness of particular character education curricula to the needs of such schools; (C) an index of websites regarding character education; and (D) telephone assistance and a toll-free access number. (d) Report.--The grantee shall submit to the Secretary an annual report that-- (1) describes the progress of the grantee in carrying out the requirements described in subsection (c), including a listing of-- (A) the number of requests for information received by the grantee in the course of carrying out such requirements; (B) who made such requests; and (C) the types of information requested; (2) identifies unmet and future information needs in the field of character education; and (3) provides a detailed account of the use of the grant funds provided under this section. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $750,000 for each of fiscal years 2002 through 2006. SEC. 3. GRANT TO CONDUCT CHARACTER EDUCATION RESEARCH. (a) Findings.--Congress finds the following: (1) States and local educational agencies have benefitted from Federal funding to support the implementation of character education initiatives in the schools in such States, but have been subject to minimal reporting requirements regarding the impact of such initiatives. (2) The number of schools currently implementing character education initiatives is undetermined, and the scope and success of such initiatives are unknown. (3) The continuing needs of schools that have begun character education initiatives have not been identified. (4) The resources required by schools that have not yet been able to start character education initiatives are unknown. (5) Efforts should be made to determine the extent to which schools are undertaking character education, the effectiveness of such efforts, and the extent to which Federal funds are being used to sponsor effective character education initiatives. (b) Grant Authorization.--The Secretary is authorized to make a single 5-year grant to the eligible organization that, in the judgment of the Secretary, best demonstrates-- (1) expertise in evaluation and research; (2) a conceptual understanding of the various approaches used in character education; (3) experience in developing character education initiatives in schools; (4) expertise in understanding and identifying quality character education initiatives; (5) an established record of research and practice in the field of character education; (6) an established record of publishing research findings; and (7) a partnership or connection with an institution of higher education. (c) Grant Requirements.--The recipient of the grant under subsection (b) (hereafter in this section referred to as the ``grantee'') shall-- (1) determine the extent to which schools are undertaking character education initiatives; (2) identify and classify the various character education approaches being undertaken in schools; (3) investigate the extent to which Federal and State funds have facilitated the implementation of character education initiatives; and (4) assess the effectiveness of character education initiatives, including evaluating the reported outcomes of character education initiatives. (d) Report.--The grantee shall submit to the Secretary an annual report, titled ``The State of Character Education in the Nation's Schools'', that-- (1) specifies the progress of its research in the areas identified in subsection (c); (2) provides a detailed description of the results of its research; (3) discusses unmet and future information needs in the field of character education; and (4) provides a detailed account of the use of the grant funds provided under this section. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $700,000 for each of fiscal years 2002 through 2006. SEC. 4. DEFINITIONS. In this Act: (1) Eligible organization.--The term ``eligible organization'' means an organization (or a group of organizations, if the group meets the requirement of subparagraph (C) and each organization comprising the group meets the requirements of subparagraphs (A) and (B)) that-- (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986; (B) is exempt from taxation under section 501(a) of such Code; and (C) has submitted a grant application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require. (2) Local educational agency.--The term ``local educational agency'' has the meaning given such term under section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (3) School.--The term ``school'' means any elementary school (as defined by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)) and any secondary school (as defined by such section). (4) Secretary.--The term ``Secretary'' means the Secretary of Education.

Character Learning and Student Success Act of 2001 - CLASS Act of 2001 - Authorizes the Secretary of Education to make: (1) a grant to develop initiatives and disseminate information about character education; and (2) a grant to research character education.

To provide a grant to develop initiatives and disseminate information about character education, and a grant to research character education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Criminal Alien Assistance Program II and Local Medical Emergency Reimbursement Act''. TITLE I--STATE CRIMINAL ALIEN ASSISTANCE PROGRAM II SEC. 101. SHORT TITLE. This Act may be cited as the ``State Criminal Alien Assistance Program II Act of 2001''. SEC. 102. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Federal policies and strategies aimed at curbing illegal immigration and criminal alien activity implemented along our Nation's southwest border influence the number of crossings, especially their location. (2) States and local governments were reimbursed approximately 60 percent of the costs of the incarceration of criminal aliens in fiscal year 1996 when only 90 jurisdictions applied for such reimbursement. In subsequent years, the number of local jurisdictions receiving reimbursement has increased. For fiscal year 2000, approximately 360 local jurisdictions applied, and reimbursement amounted to only 40 percent of the costs incurred by those jurisdictions. (3) Certain counties, often with a small taxpayer base, located on or near the border across from sometimes highly populated areas of Mexico, suffer a substantially disproportionate share of the impact of criminal illegal aliens on its law enforcement and criminal justice systems. (4) A University of Arizona/U.S.-Mexico Border Counties Coalition study released in November 2000 reported that the 4 counties located on Arizona's border of Mexico, Pima, Yuma, Santa Cruz, and Cochise Counties, are burdened with this problem-- (A) for example, in 1999, Arizona's four border counties' combined population was 1.1 million, or 17.5 percent of the total population along the U.S.-Mexico border, but accounted for 11 percent of alien crossings and nearly 40 percent of illegal alien apprehensions along the border; Santa Cruz County had 43 percent of alien crossings and 16.3 percent of illegal apprehensions in the State of Arizona and Cochise County had 21 percent of alien crossings and 56 percent of illegal apprehensions in the State of Arizona. (B) for fiscal year 1999, it is estimated that, of its total criminal justice budget of $6,000,000, Santa Cruz County spent $1,978,863 (33 percent) to process criminal illegal aliens, of which over half was not reimbursed by Federal monies; and of Cochise County's total law enforcement and criminal justice budget of $14.2 million, Cochise County spent an estimated $4.6 million (32 percent) to apprehend and process criminal illegal aliens, of which over half was not reimbursed by Federal monies; and (C) Santa Cruz County and Cochise County have not obtained relief from this burden, despite repeated appeals to Federal and State officials. (5) In the State of Texas, the border counties of Cameron, Dimmit, El Paso, Hidalgo, Kinney, Val Verde, and Webb bore the unreimbursed costs of apprehension, prosecution, indigent defense, and other related services for criminal aliens who served more than 142,000 days in county jails. (6) Throughout Texas nonborder counties bore similar unreimbursed costs for apprehension, prosecution, indigent defense, and other related services for criminal aliens who served more than 1,000,000 days in county jails. (7) The State of Texas has incurred substantial additional unreimbursed costs for State law enforcement efforts made necessary by the presence of criminal illegal aliens. (8) The Federal Government should reimburse States and units of local government for the related costs incurred by the State for the imprisonment of any illegal alien. (b) Purpose.--The purpose of this title is-- (1) to assist States and local communities by providing financial assistance for expenditures for illegal juvenile aliens, and for related costs to States and units of local government that suffer a substantially disproportionate share of the impact of criminal illegal aliens on their law enforcement and criminal justice systems; and (2) to ensure equitable treatment for those States and local governments that are affected by Federal policies and strategies aimed at curbing illegal immigration and criminal alien activity implemented on the Southwest border of the United States. SEC. 103. REIMBURSEMENT OF STATES FOR INDIRECT COSTS RELATING TO THE INCARCERATION OF ILLEGAL ALIENS. Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365) is amended-- (1) in subsection (a), by striking ``for'' and all that follows through ``State'' and inserting ``for-- ``(1) the costs incurred by the State for the imprisonment of any illegal alien or Cuban national who is convicted of a felony by such State; and ``(2) the indirect costs related to the imprisonment described in paragraph (1).''; (2) by striking subsection (c) and inserting the following: ``(c) Indirect Costs Defined.--In subsection (a), the term `indirect costs' includes-- ``(1) court costs, county attorney costs, detention costs, and criminal proceedings expenditures that do not involve going to trial; ``(2) indigent defense; and ``(3) unsupervised probation costs.''; and (3) by amending subsection (d) to read as follows: ``(d) Authorization of Appropriations.--There is authorized to be appropriated $200,000,000 to carry out subsection (a)(2) for each of the fiscal years 2002 through 2005.''. SEC. 104. REIMBURSEMENT OF STATES FOR COSTS OF INCARCERATING JUVENILE ALIENS. (a) In General.--Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365), as amended by section 103 of this Act, is further amended-- (1) in subsection (a)(1), by inserting ``or illegal juvenile alien who has been adjudicated delinquent or committed to a juvenile correctional facility by such State or locality'' before the semicolon; (2) in subsection (b), by inserting ``(including any juvenile alien who has been adjudicated delinquent or has been committed to a correctional facility)'' before ``who is in the United States unlawfully''; and (3) by adding at the end the following: ``(f) Juvenile Alien Defined.--In this section, the term `juvenile alien' means an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act) who has been adjudicated delinquent or committed to a correctional facility by a State or locality as a juvenile offender.''. (b) Annual Report.--Section 332 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1366) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following: ``(5) the number of illegal juvenile aliens (as defined in section 501(f) of the Immigration Reform and Control Act) that are committed to State or local juvenile correctional facilities, including the type of offense committed by each juvenile.''. (c) Conforming Amendment.--Section 241(i)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(i)(3)(B)) is amended-- (1) by striking ``or'' at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting ``; or''; and (3) by adding at the end the following: ``(iv) is a juvenile alien with respect to whom section 501 of the Immigration Reform and Control Act of 1986 applies.''. SEC. 105. REIMBURSEMENT OF STATES BORDERING MEXICO OR CANADA. Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365), as amended by sections 103 and 104 of this Act, is further amended by adding at the end the following new subsection: ``(g) Manner of Allotment of Reimbursements.--Reimbursements under this section shall be allotted in a manner that takes into account special consideration for any State that-- ``(1) shares a border with Mexico or Canada; or ``(2) includes within the State an area in which a large number of undocumented aliens reside relative to the general population of the area.''. TITLE II--REIMBURSEMENT OF STATES AND LOCALITIES FOR EMERGENCY HEALTH SERVICES TO UNDOCUMENTED ALIENS SEC. 201. AUTHORIZATION OF ADDITIONAL FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED ALIENS (a) Total Amount Available for Allotment.--To the extent of available appropriations under subsection (e), there are available for allotments under this section for each of fiscal years 2002 through 2005, $200,000,000 for payments to certain States under this section. (b) State Allotment Amount.-- (1) In general.--The Secretary shall compute an allotment for each fiscal year beginning with fiscal year 2002 and ending with fiscal year 2005 for each of the 17 States with the highest number of undocumented aliens. The amount of such allotment for each such State for a fiscal year shall bear the same ratio to the total amount available for allotments under subsection (a) for the fiscal year as the ratio of the number of undocumented aliens in the State in the fiscal year bears to the total of such numbers for all such States for such fiscal year. The amount of allotment to a State provided under this paragraph for a fiscal year that is not paid out under subsection (c) shall be available for payment during the subsequent fiscal year. (2) Determination.--For purposes of paragraph (1), the number of undocumented aliens in a State under this section shall be determined based on estimates of the resident illegal alien population residing in each State prepared by the Statistics Division of the Immigration and Naturalization Service as of October 1992 (or as of such later date if such date is at least 1 year before the beginning of the fiscal year involved). (c) Use of Funds.-- (1) In general.--From the allotments made under subsection (b) for a fiscal year, the Secretary shall pay to each State amounts described in a State plan, submitted to the Secretary, under which the amounts so allotted will be paid to local governments, hospitals, and related providers of emergency health services to undocumented aliens in a manner that-- (A) takes into account-- (i) each eligible local government's, hospital's or related provider's payments under the State plan approved under title XIX of the Social Security Act for emergency medical services described in section 1903(v)(2)(A) of such Act (42 U.S.C. 1396b(v)(2)(A)) for such fiscal year; or (ii) an appropriate alternative proxy for measuring the volume of emergency health services provided to undocumented aliens by eligible local governments, hospitals, and related providers for such fiscal year; and (B) provides special consideration for local governments, hospitals, and related providers located in-- (i) a county that shares a border with Mexico or Canada; or (ii) an area in which a large number of undocumented aliens reside relative to the general population of the area. (2) Special rules.--For purposes of this subsection: (A) A provider shall be considered to be ``related'' to a hospital to the extent that the provider furnishes emergency health services to an individual for whom the hospital also furnishes emergency health services. (B) Amounts paid under this subsection shall not duplicate payments made under title XIX of the Social Security Act for the provision of emergency medical services described in section 1903(v)(2)(A) of such Act (42 U.S.C. 1396b(v)(2)(A)). (d) Definitions.--In this section: (1) Hospital.--The term ``hospital'' has the meaning given such term in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)). (2) Provider.--The term ``provider'' includes a physician, another health care professional, and an entity that furnishes emergency ambulance services. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) State.--The term ``State'' means the 50 States and the District of Columbia. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2002 through 2005.

State Criminal Alien Assistance Program II and Local Medical Emergency Reimbursement Act - State Criminal Alien Assistance Program II Act of 2001 - Amends the Immigration Reform and Control Act of 1986 to provide for the reimbursement of States for indirect costs of incarcerating illegal aliens.Defines such costs as: (1) court costs, county attorney costs, and non-trial criminal proceedings; (2) indigent defense; and (3) unsupervised probation costs.Provides for the reimbursement of States for costs of incarcerating juvenile aliens.Provides that reimbursement of States for incarcerating illegal aliens and certain Cuban nationals shall be allocated to give special consideration for any State that: (1) shares a border with Mexico or Canada; or (2) has a large number of undocumented aliens.Authorizes appropriations for allotments to States to be paid to local governments, hospitals, and other providers for emergency health services provided to undocumented aliens. Provides special consideration for providers: (1) in a border county with Mexico or Canada; or (2) in an area with a large number of undocumented aliens.

A bill to provide Federal reimbursement for indirect costs relating to the incarceration of illegal criminal aliens and for emergency health services furnished to undocumented aliens.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Sexual Assault Prevention Act of 2013''. SEC. 2. PROHIBITION ON SERVICE IN THE ARMED FORCES BY INDIVIDUALS WHO HAVE BEEN CONVICTED OF A SEXUAL OFFENSE. (a) Prohibition.--Chapter 37 of title 10, United States Code, is amended adding at the end the following new section: ``Sec. 656. Prohibition on service in the armed forces by individuals convicted of a sexual offense ``(a) Prohibition on Commissioning or Enlistment.--(1) A person who has been convicted of an offense specified in paragraph (2) under Federal or State law may not be processed for commissioning or permitted to enlist in the armed forces. ``(2) An offense specified in this paragraph is any felony offense as follows: ``(A) Rape. ``(B) Sexual assault. ``(C) Forcible sodomy. ``(D) Incest. ``(b) Administrative Separation for Certain Offenses Not Resulting in Punitive Discharge.--(1) Any member of the armed forces on active duty, and any member of a reserve component of the armed forces not on active duty but in active status, who is convicted of an offense specified in paragraph (2) and not punitively discharged from the armed forces in connection with such conviction shall be separated administratively from the armed forces for such offense. ``(2) An offense specified in this paragraph is any offense as follows: ``(A) Rape or sexual assault under subsection (a) or (b) of section 920 of this title (article 120 of the Uniform Code of Military Justice). ``(B) Forcible sodomy under section 925 of this title (article 125 of the Uniform Code of Military Justice). ``(C) An attempt to commit an offense specified in subparagraph (A) or (B), as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice). ``(3) Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned may waive the requirement in paragraph (1) with respect to a member if the waiver is determined appropriate in the interests of the national security of the United States. Waivers under this paragraph shall be made on a case-by- case basis.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 37 of such title is amended by adding at the end the following new item: ``656. Prohibition on service in the armed forces by individuals convicted of a sexual offense.''. SEC. 3. PERSONS WHO MAY EXERCISE DISPOSITION AUTHORITY REGARDING CHARGES INVOLVING CERTAIN SEXUAL MISCONDUCT OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE. (a) Persons Who May Exercise Disposition Authority.-- (1) Disposition authority.--With respect to any charge under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that alleges an offense specified in paragraph (2), the Secretary of Defense shall require the Secretaries of the military departments to restrict disposition authority under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) to officers of the Armed Forces who have the authority to convene special courts-martial under section 823 of such chapter (article 23 of the Uniform Code of Military Justice), but not lower than the following: (A) In the case of a training command, the first brigadier general, or, in the case of the Navy, the first rear admiral (lower half), with a legal advisor (or access to a legal advisor) in the chain of command of the person accused of committing the offense. (B) In the case of any other command, the first colonel, or in the case of the Navy, the first captain, with a legal advisor (or access to a legal advisor) in the chain of command of the person accused of committing the offense. (2) Covered offenses.--Paragraph (1) applies with respect to a charge that alleges any of the following offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice): (A) Rape or sexual assault under subsection (a) or (b) of section 920 of such chapter (article 120 of the Uniform Code of Military Justice). (B) Forcible sodomy under section 925 of such chapter (article 125 of the Uniform Code of Military Justice). (C) An attempt to commit an offense specified in subparagraph (A) or (B), as punishable under section 880 of such chapter (article 80 of the Uniform Code of Military Justice). (b) Implementation.-- (1) Secretaries of military departments.--The Secretaries of the military departments shall revise policies and procedures as necessary to comply with subsection (a). (2) Secretary of defense.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall recommend such changes to the Manual for Courts-Martial as are necessary to ensure compliance with subsection (a). SEC. 4. POLICY OF THE UNITED STATES ON DISPOSITION OF CHARGES INVOLVING CERTAIN SEXUAL MISCONDUCT OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE THROUGH COURTS-MARTIAL. (a) Statement of Policy.--It shall be the policy of the United States that any charge regarding an offense specified in subsection (b) should be disposed of by court-martial, rather than by non-judicial punishment or administrative action. (b) Covered Offenses.--An offense specified in this subsection is any of the following offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice): (1) Rape or sexual assault under subsection (a) or (b) of section 920 of such chapter (article 120 of the Uniform Code of Military Justice). (2) Forcible sodomy under section 925 of such chapter (article 125 of the Uniform Code of Military Justice). (3) An attempt to commit an offense specified in paragraph (1) or (2), as punishable under section 880 of such chapter (article 80 of the Uniform Code of Military Justice). (c) Justification for Disposition Other Than by Court-Martial.--In the case of any charge regarding an offense specified in subsection (b) that is disposed of by non-judicial punishment or administrative action, rather than by court-martial, the disposition authority provided for in section 3 shall include in the case file a justification for the disposition of the charge by non-judicial punishment or administrative action, rather than by court-martial. SEC. 5. COMMAND ACTION ON REPORTS BY MEMBERS OF THE ARMED FORCES OF SEXUAL OFFENSES INVOLVING MEMBERS. (a) Maximum Period for Action.--A commanding officer who receives a report of a sexual-related offense involving a member of the Armed Forces in the chain of command of such officer shall act upon the report in accordance with subsection (b) by not later than 24 hours after receipt of the report by the commanding officer. (b) Required Action.--The action required by this subsection with respect to a report described in subsection (a) is, at the election of the commanding officer concerned, one of the following: (1) The submittal of the report to the next higher officer in the chain of command of the commanding officer concerned. (2) The referral of the report to the office of the special investigation of the military department concerned or such other investigation service of the military department concerned as the Secretary of the military department concerned may specify for purposes of this section. SEC. 6. INCLUSION AND COMMAND REVIEW OF INFORMATION ON SEXUAL-RELATED OFFENSES IN PERSONNEL SERVICE RECORDS OF MEMBERS OF THE ARMED FORCES. (a) Information on Substantiated Reports on Sexual-Related Offenses.-- (1) In general.--If a complaint of a sexual-related offense is made against a member of the Armed Forces and the complaint is substantiated, a notation to that effect shall be placed in the personnel service record of the member, regardless of the member's grade. (2) Purpose.--The purpose of the inclusion of information in personnel service records under paragraph (1) is to alert commanders to the members of their command who have received courts-martial conviction, non-judicial punishment, or administrative action for sexual-related offenses in order to reduce the likelihood that repeat offenses will escape the notice of commanders. (b) Limitation on Placement.--A notation under subsection (a) may not be placed in the restricted section of the personnel service record of a member. (c) Construction.--Nothing in subsection (a) or (b) may be construed to prohibit or limit the capacity of a member of the Armed Forces to challenge or appeal the placement of a notation, or location of placement of a notation, in the member's personnel service record in accordance with procedures otherwise applicable to such challenges or appeals. (d) Substantiated Complaints.--For purposes of implementing this section, the Secretary of Defense shall use the definition of substantiated developed for purposes of the annual report on sexual assaults involving members of the Armed Forces prepared under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note). (e) Command Review of History of Sexual-Related Offenses of Members Upon Assignment or Transfer to New Unit.-- (1) Review required.--Under uniform regulations prescribed by the Secretary of Defense, the commanding officer of a facility, installation, or unit to which a member of the Armed Forces described in paragraph (2) is permanently assigned or transferred shall review the history of substantiated sexual offenses of the member in order to familiarize such officer with such history of the member. (2) Covered members.--A member of the Armed Forces described in this paragraph is a member of the Armed Forces who, at the time of assignment or transfer as described in paragraph (1), has a history of one or more substantiated sexual offenses as documented in the personnel service record of such member or such other records or files as the Secretary shall specify in the regulations prescribed under paragraph (1). SEC. 7. COLLECTION AND RETENTION OF RECORDS ON DISPOSITION OF REPORTS OF SEXUAL ASSAULT. (a) Collection.--The Secretary of Defense shall require that the Secretary of each military department establish a record on the disposition of any report of sexual assault, whether such disposition is court-martial, non-judicial punishment, or other administrative action. The record of any such disposition shall include the following, as appropriate: (1) Documentary information collected about the incident reported. (2) Punishment imposed, including the sentencing by judicial or non-judicial means including incarceration, fines, restriction, and extra duty as a result of military court- martial, Federal and local court and other sentencing, or any other punishment imposed. (3) Reasons for the selection of the disposition and punishments selected. (4) Administrative actions taken, if any. (5) Any pertinent referrals offered as a result of the incident (such as drug and alcohol counseling and other types of counseling or intervention). (b) Retention.--The Secretary of Defense shall require that-- (1) the records established pursuant to subsection (a) be retained by the Department of Defense for a period of not less than 50 years; and (2) a copy of such records be maintained at a centralized location for the same period as applies to retention of the records under paragraph (1). SEC. 8. RETENTION OF CERTAIN FORMS IN CONNECTION WITH RESTRICTED REPORTS ON SEXUAL ASSAULT INVOLVING MEMBERS OF THE ARMED FORCES. (a) Requirement for Retention.--Subsection (a) of section 577 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239) is amended by striking ``At the request of a member of the Armed Forces who files a Restricted Report on an incident of sexual assault involving the member, the Secretary of Defense shall'' and inserting ``The Secretary of Defense shall''. (b) Conforming Amendment.--The heading of such section is amended by striking ``at request of the member of the armed forces making the report''.

Military Sexual Assault Prevention Act of 2013 - Prohibits any person convicted under federal or state law of rape, sexual assault, forcible sodomy, or incest from being commissioned or enlisting in the Armed Forces. Requires administrative separation from the Armed Forces, when not punitively discharged, for any member of the Armed Forces (member) on active duty, and any reserve member in an active status, who is convicted of rape, sexual assault, forcible sodomy, or an attempt thereof (covered offenses). Allows the Secretary of the military department concerned to waive such a separation in the interests of national security on a case-by-case basis. Directs the Secretary of Defense (DOD), with respect to any charge under the Uniform Code of Military Justice (UCMJ) that alleges any of the covered offenses, to require the military department Secretaries to restrict disposition authority to specified high-command officers authorized to convene special courts-martial under the UCMJ. States as the policy of the United States that any charge regarding the covered offenses should be disposed of by court-martial rather than non-judicial punishment or administrative action. Requires a commanding officer who receives a report of a sexual-related offense involving a member to act upon the report within 24 hours, including by submitting the report to the next higher officer in that chain of command or referring such report to the appropriate office of special investigation. Requires inclusion in a member's personnel service record of a substantiated complaint of a sexual-related offense. Requires commanding officer review of a member's history of substantiated sexual offenses upon a member's transfer to the new command. Requires sexual assault forms and records to be retained for at least 50 years. Amends the National Defense Authorization Act for Fiscal Year 2013 to require the Secretary to retain for at least 50 years certain records concerning an incident of sexual assault. (Current law mandates such retention only at the request of a member who files a specified report.)

Military Sexual Assault Prevention Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``H-2A Improvement Act''. SEC. 2. NONIMMIGRANT STATUS FOR DAIRY WORKERS, SHEEPHERDERS, AND GOAT HERDERS. Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by inserting ``who is coming temporarily to the United States to perform agricultural labor or services as a dairy worker, sheepherder, or goat herder, or'' after ``abandoning''. SEC. 3. SPECIAL RULES FOR ALIENS EMPLOYED AS DAIRY WORKERS, SHEEPHERDERS, OR GOAT HERDERS. Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) is amended-- (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; (2) by inserting after subsection (g) the following: ``(h) Special Rules for Aliens Employed as Dairy Workers, Sheepherders, or Goat Herders.-- ``(1) In general.--Notwithstanding any other provision of this Act, an alien admitted as a nonimmigrant under section 101(a)(15)(H)(ii)(a) for employment as a dairy worker, sheepherder, or goat herder-- ``(A) may be admitted for an initial period of 3 years; and ``(B) subject to paragraph (3)(E), may have such initial period of admission extended for an additional period of up to 3 years. ``(2) Exemption from temporary or seasonal requirement.-- Not withstanding section 101(a)(15)(H)(ii)(a), an employer filing a petition to employ H-2A workers in positions as dairy workers, sheepherders, or goat herders shall not be required to show that such positions are of a seasonal or temporary nature. ``(3) Adjustment to lawful permanent resident status.-- ``(A) Eligible alien.--In this paragraph, the term `eligible alien' means an alien who-- ``(i) has H-2A worker status based on employment as a dairy worker, sheepherder, or goat herder; ``(ii) has maintained such status in the United States for a not fewer than 33 of the preceding 36 months; and ``(iii) is seeking to receive an immigrant visa under section 203(b)(3)(A)(iii). ``(B) Classification petition.--A petition under section 204 for classification of an eligible alien under section 203(b)(3)(A)(iii) may be filed by-- ``(i) the alien's employer on behalf of the eligible alien; or ``(ii) the eligible alien. ``(C) No labor certification required.-- Notwithstanding section 203(b)(3)(C), no determination under section 212(a)(5)(A) is required with respect to an immigrant visa under section 203(b)(3)(A)(iii) for an eligible alien. ``(D) Effect of petition.--The filing of a petition described in subparagraph (B) or an application for adjustment of status based on a petition described in subparagraph (B) shall not be a basis fo denying-- ``(i) another petition to employ H-2A workers; ``(ii) an extension of nonimmigrant status for a H-2A worker; ``(iii) admission of an alien as an H-2A worker; ``(iv) a request for a visa for an H-2A worker; ``(v) a request from an alien to modify the alien's immigration status to or from status as an H-2A worker; or ``(vi) a request made for an H-2A worker to extend such worker's stay in the United States. ``(E) Extension of stay.--The Secretary of Homeland Security shall extend the stay of an eligible alien having a pending or approved petition described in subparagraph (B) in 1-year increments until a final determination is made on the alien's eligibility for adjustment of status to that of an alien lawfully admitted for permanent residence. ``(F) Construction.--Nothing in this paragraph may be construed to prevent an eligible alien from seeking adjustment of status in accordance with any other provision of law.''; and (3) in subsection (j)(1), as redesignated by paragraph (1), by striking ``The term'' and inserting ``Except as provided under subsection (h)(2)(A), the term''.

H-2A Improvement Act - Amends the Immigration and Nationality Act to include within the H-2A nonimmigrant visa category (temporary agricultural workers) an alien coming temporarily to the United States to work as a sheepherder, goat herder, or dairy worker. Exempts an employer filing a petition to employ such a worker from the requirement to show that the position is of a seasonal or temporary nature. Provides for a three-year initial period of admission with additional three-year extensions. Authorizes such alien to petition to become a lawful permanent resident after having worked as a sheepherder, goat herder, or dairy worker in the United States for not fewer than 33 of the preceding 36 months.

A bill to improve the H-2A agricultural worker program for use by dairy workers, sheepherders, and goat herders, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elderly Housing Plus Health Support Demonstration Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) there are at least 34,100,000 Americans who are 65 years of age and older, and persons who are 85 years of age or older comprise almost one-quarter of that population; (2) the Bureau of the Census of the Department of Commerce estimates that, by 2030, the elderly population will double to 70,000,000 persons; (3) according to the Department of Housing and Urban Development report ``Housing Our Elders--A Report Card on the Housing Conditions and Needs of Older Americans'', the largest and fastest growing segments of the older population include many people who have historically been vulnerable economically and in the housing market--women, minorities, and people over the age of 85; (4) many elderly persons are at significant risk with respect to the availability, stability, and accessibility of affordable housing; (5) one-third of public housing residents are approximately 62 years of age or older, making public housing the largest Federal housing program for senior citizens; (6) the elderly population residing in public housing is older, poorer, frailer, and more racially diverse than the elderly population residing in other assisted housing; (7) two-thirds of the public housing developments for the elderly, including those that also serve the disabled, were constructed before 1970 and are in dire need of major rehabilitation and configuration, such as rehabilitation to provide new roofs, energy-efficient heating, cooling, utility systems, accessible units, and up-to-date safety features; (8) many of the dwelling units in public housing developments for elderly and disabled persons are undersized, are inaccessible to residents with physical limitations, do not comply with the requirements under the Americans with Disabilities Act of 1990, or lack railings, grab bars, emergency call buttons, and wheelchair accessible ramps; (9) a study conducted for the Department of Housing and Urban Development found that the cost of the basic modernization needs for public housing for elderly and disabled persons exceeds $5,700,000,000; (10) a growing number of elderly and disabled persons face unnecessary institutionalization because of the absence of appropriate supportive services and assisted living facilities in their residences; (11) for many elderly and disabled persons, independent living in a non-institutionalization setting is a preferable housing alternative to costly institutionalization, and would allow public monies to be more effectively used to provide necessary services for such persons; (12) congregate housing and supportive services coordinated by service coordinators is a proven and cost-effective means of enabling elderly and disabled persons to remain in place with dignity and independence; (13) the effective provision of congregate services and assisted living in public housing developments requires the redesign of units and buildings to accommodate independent living; (14) most of the elderly who reside in public housing are eligible for Medicaid to pay for the cost of their being institutionalized in nursing homes; (15) nursing home costs now exceed 42 percent of the entire Medicaid program; and (16) by providing a nursing home resident the choice of assisted living in public housing instead, the Federal Government can save as much as three-quarters of the long term per capita Medicaid costs and at the same time allow a frail senior to age in place. (b) Purposes.--The purposes of this Act are-- (1) to establish a demonstration program to make competitive grants to provide state-of-the-art, health- supportive housing with assisted living opportunities for elderly and disabled persons; (2) to provide funding to enhance, make safe and accessible, and extend the useful life of public housing developments for the elderly and disabled and to increase their accessibility to supportive services; (3) to provide elderly and disabled public housing residents a readily available choice in living arrangements by utilizing the services of service coordinators and providing a continuum of care that allows such residents to age in place; (4) to incorporate congregate housing service programs more fully into public housing operations; and (5) to accomplish such purposes and provide such funding under existing provisions of law that currently authorize all activities to be conducted under the program. SEC. 3. DEFINITIONS. In this Act: (1) Assisted living facility.--The term ``assisted living facility'' means any public housing project for the elderly, or for the elderly and the non-elderly disabled, that is operated in accordance with applicable laws and provides to the residents any combination of the following services: (A) Meal service adequate to meet nutritional need. (B) Housekeeping aid. (C) Personal assistance. (D) Transportation services. (E) Health-related services. (F) Such other services as are considered important for maintaining independent living. (2) Elderly and disabled families.--The term ``elderly and disabled families'' means families in which 1 or more persons is an elderly person or a person with disabilities. (3) Elderly person.--The term ``elderly person'' means a person who is 62 years of age or older. (4) Person with disabilities.--The term ``person with disabilities'' has the same meaning as in section 3(b)(3)(E) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)). (5) Public housing agency.--The term ``public housing agency'' has the same meaning as in section 3(b)(6)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)(A)). (6) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 4. AUTHORITY FOR ELDERLY HOUSING PLUS HEALTH SUPPORT PROGRAM. The Secretary shall establish an elderly housing plus health support demonstration program (referred to in this Act as the ``demonstration program'') in accordance with this Act to provide coordinated funding to public housing projects for elderly and disabled families selected for participation under section 5, to be used for-- (1) rehabilitation or re-configuration of such projects or the acquisition and rehabilitation of an existing assisted living facility in cases where the public housing agency has no elderly housing stock suitable for conversion; (2) the provision of space in such projects for supportive services and community and health facilities; (3) the provision of service coordinators for such projects; and (4) the provision of congregate services programs in or near such projects. SEC. 5. PARTICIPATION IN PROGRAM. (a) Application and Plan.--To be eligible to be selected for participation in the demonstration program, a public housing agency shall submit to the Secretary-- (1) an application, in such form and manner as the Secretary shall require; and (2) a plan for the agency that-- (A) identifies the public housing projects for which amounts provided under this Act will be used, limited to projects that are designated or otherwise used for occupancy-- (i) only by elderly families; or (ii) by both elderly families and disabled families; and (B) provides for local agencies or organizations to establish or expand the provision of health-related services or other services that will enhance living conditions for residents of public housing projects of the agency, primarily in the project or projects to be assisted under the plan. (b) Selection and Criteria.-- (1) Selection.--The Secretary shall select public housing agencies for participation in the demonstration program based upon a competition among public housing agencies that submit applications for participation. (2) Criteria.--The competition referred to in paragraph (1) shall be based upon-- (A) the extent of the need for rehabilitation or re-configuration of the public housing projects of an agency that are identified in the plan of the agency pursuant to subsection (a)(2)(A); (B) the past performance of an agency in serving the needs of elderly public housing residents or non- elderly, disabled public housing residents given the opportunities in the locality; (C) the past success of an agency in obtaining non- public housing resources to assist such residents given the opportunities in the locality; and (D) the effectiveness of the plan of an agency in creating or expanding services described in subsection (a)(2)(B). SEC. 6. CONFIGURATION AND CAPITAL IMPROVEMENTS. (a) Grants.-- (1) In general.--The Secretary shall make grants to public housing agencies selected for participation under section 5, to be used only-- (A) for capital improvements to rehabilitate or configure public housing projects identified in the plan submitted under section 5(a)(2)(A); (B) to provide space for supportive services and for community and health-related facilities primarily for the residents of projects identified in the plan submitted under section 5(a)(2)(A); and (C) for the cost of acquisition by a public housing agency of an existing assisted living facility that is in need of rehabilitation in cases where the public housing agency has no elderly housing stock suitable for conversion. (2) Source of funds.--Grants shall be made under this section from funds made available for the demonstration program in accordance with subsection (c). (3) Inapplicability of other provisions.--Section 9(c)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437g(c)(1)) does not apply to grants made under this section. (b) Allocation.--Grants funded in accordance with this section shall-- (1) be allocated among public housing agencies selected for participation under section 5 on the basis of the criteria established under section 5(b)(2); and (2) be made in such amounts and subject to such terms as the Secretary shall determine. (c) Authorization of Appropriations.--There are authorized to be appropriated for the demonstration program, to make grants in accordance with this section-- (1) $100,000,000 for fiscal year 2004; and (2) such sums as may be necessary for fiscal year 2005 and each subsequent fiscal year. SEC. 7. SERVICE COORDINATORS. (a) Grants.-- (1) In general.--The Secretary shall make grants to public housing agencies selected for participation under section 5, to be used only-- (A) for public housing projects for elderly and disabled families for whom capital assistance is provided under section 6; and (B) to provide service coordinators and related activities identified in the plan of the agency pursuant to section 5(a)(2), so that the residents of such public housing projects will have improved and more economical access to services that support the health and well-being of the residents. (2) Source of funds.--Grants shall be made under this section from funds made available for the demonstration program in accordance with subsection (c). (3) Inapplicability of other provisions.--Section 9(c)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437g(c)(1)) does not apply to grants made under this section. (b) Allocation.--The Secretary shall provide a grant pursuant to this section, in an amount not to exceed $100,000, to each public housing agency that is selected for participation under section 5. (c) Authorization of Appropriations.--There are authorized to be appropriated for the demonstration program, to make grants in accordance with this section-- (1) $2,000,000 for fiscal year 2004; and (2) such sums as may be necessary for fiscal year 2005 and each subsequent fiscal year. SEC. 8. CONGREGATE HOUSING SERVICES PROGRAMS. (a) Grants.-- (1) In general.--The Secretary shall make grants to public housing agencies selected for participation under section 5, to be used only-- (A) in connection with public housing projects for elderly and disabled families for which capital assistance is provided under section 6; and (B) to carry out a congregate housing service program identified in the plan of the agency pursuant to section 5(a)(2) that provides services as described in section 202(g)(1) of the Housing Act of 1959 (12 U.S.C. 1701q(g)(1)). (2) Source of funds.--Grants shall be made under this section from funds made available for the demonstration program in accordance with subsection (c). (3) Inapplicability of other provisions.--Other than as specifically provided in this section-- (A) section 9(c)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437g(c)(1)) does not apply to grants made under this section; and (B) section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) does not apply to grants made under this section. (b) Allocation.--The Secretary shall provide a grant pursuant to this section, in an amount not to exceed $150,000, to each public housing agency that is selected for participation under section 5. (c) Authorization of Appropriations.--There are authorized to be appropriated for the demonstration program, to make grants in accordance with this section-- (1) $3,000,000 for fiscal year 2004; and (2) such sums as may be necessary for fiscal year 2005 and each subsequent fiscal year. SEC. 9. SAFEGUARDING OTHER APPROPRIATIONS. Amounts authorized to be appropriated under this Act to carry out this Act are in addition to any amounts authorized to be appropriated under any other provision of law, or otherwise made available in appropriations Acts, for rehabilitation of public housing projects, for service coordinators for public housing projects, or for congregate housing services programs.

Elderly Housing Plus Health Support Demonstration Act - Directs the Secretary of Housing and Urban Development to carry out an elderly housing plus health support demonstration program to provide elderly and disabled families in public housing with supportive and congregate services, and housing rehabilitation. Sets forth public housing authority (PHA) selection provisions. Authorizes appropriations for capital improvements. Directs the Secretary to provide PHA grants under the Housing Act of 1937 for service coordinator and congregate services.

A bill to establish the elderly housing plus health support demonstration program to modernize public housing for elderly and disabled persons.

SECTION 1. ALTERNATE ENERGY-RELATED USES ON THE OUTER CONTINENTAL SHELF. (a) Purposes.--The purposes of this section are as follows: (1) To protect the economic and land use interests of the Federal Government in the management of the Outer Continental Shelf for energy-related and certain other purposes. (2) To provide an administrative framework for the oversight and management of energy-related activities on the Outer Continental Shelf, consistent with other applicable laws. (3) To expedite projects to increase the production, transmission, or conservation of energy on the Outer Continental Shelf. (4) To provide for interagency coordination in the siting and permitting of energy-related activities on the Outer Continental Shelf. (5) To ensure that energy-related activities on the Outer Continental Shelf are conducted in a manner that provides for safety, protection of the environment, prevention of waste, conservation of natural resources, the protection of correlative rights, and protection of national security interests. (6) To authorize alternate uses of existing structures and facilities previously permitted under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 note). (7) To ensure that the Federal Government receives a fair return for any easement or right-of-way granted under section 8(p) of the Outer Continental Shelf Lands Act. (b) Amendment to Outer Continental Shelf Lands Act.--Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following new subsection: ``(p) Easements or Rights-of-Way for Energy and Related Purposes.-- ``(1) The Secretary, in consultation with the Secretary of the Department in which the Coast Guard is operating and other relevant departments and agencies of the Federal government, may grant an easement or right-of-way on the outer Continental Shelf for activities not otherwise authorized in this Act, the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.), or the Ocean Thermal Energy Conversion Act of 1980 (42 U.S.C. 9101 et seq.), or other applicable law when such activities-- ``(A) support exploration, development, production, transportation, or storage of oil, natural gas, or other minerals; ``(B) produce or support production, transportation, or transmission of energy from sources other than oil and gas; or ``(C) use facilities currently or previously used for activities authorized under this Act. ``(2)(A) The Secretary shall establish reasonable forms of annual or one-time payments for any easement or right-of-way granted under this subsection. Such payments shall not be assessed on the basis of throughput or production. The Secretary may establish fees, rentals, bonus, or other payments by rule or by agreement with the party to whom the easement or right-of-way is granted. ``(B) Before exercising the authority granted under this subsection, the Secretary shall consult with the Secretary of Defense and other appropriate agencies concerning issues related to national security and navigational obstruction. ``(C) The Secretary is authorized to issue an easement or right-of-way for energy and related purposes as described in paragraph (1) on a competitive or noncompetitive basis. In determining whether such easement or right-of-way shall be granted competitively or noncompetitively, the Secretary shall consider such factors as prevention of waste and conservation of natural resources, the economic viability of an energy project, protection of the environment, the national interest, national security, human safety, protection of correlative rights, and the potential return for the easement or right-of- way. ``(3) The Secretary, in consultation with the Secretary of the Department in which the Coast Guard is operating and other relevant departments and agencies of the Federal Government and affected States, shall prescribe any necessary regulations to assure safety, protection of the environment, prevention of waste, and conservation of the natural resources of the outer Continental Shelf, protection of national security interests, and the protection of correlative rights therein. ``(4) The Secretary shall require the holder of an easement or right-of-way granted under this subsection to furnish a surety bond or other form of security, as prescribed by the Secretary, and to comply with such other requirements as the Secretary may deem necessary to protect the interests of the United States. ``(5) Nothing in this subsection shall be construed to displace, supersede, limit, or modify the jurisdiction, responsibility, or authority of any Federal or State agency under any other Federal law. ``(6) This subsection shall not apply to any area on the outer Continental Shelf designated as a National Marine Sanctuary.''. (c) Conforming Amendment.--The text of the heading for section 8 of the Outer Continental Shelf Lands Act is amended to read as follows: ``Leases, Easements, and Rights-of-Way on the Outer Continental Shelf.''.

Amends the Outer Continental Shelf Lands Act to permit easements or rights-of-way for energy and related purposes on the Outer Continental Shelf for activities otherwise proscribed by the Act (as well as the Deepwater Port Act of 1974 and the Ocean Thermal Energy Conversion Act of 1980) when such activities: (1) support exploration, development, production, transportation, or storage of oil, natural gas, or other minerals; and (2) produce or support production, transportation, or transmission of energy from sources other than oil and gas.

To amend the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to grant easements and rights-of-way on the Outer Continental Shelf for activities otherwise authorized by that Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``AIDS Corps Act of 2003''. SEC. 2. AIDS CORPS. (a) In General.--The President shall establish a pilot program to demonstrate the feasibility of facilitating the service of health care professionals from the United States in those areas of sub-Saharan Africa and other parts of the world that are severely affected by HIV/ AIDS, tuberculosis, and malaria. (b) Eligibility Requirements.--To be eligible to participate in the pilot program established under subsection (a), an individual shall-- (1) be a citizen of the United States or an alien who is lawfully residing in the United States; (2) be a trained health care professional who meets the educational and licensure requirements necessary to be such a professional (including a physician, nurse, physician assistant, nurse practitioner, pharmacist, or other type of health care professional), or other individual determined to be appropriate by the President; (3) enter into an agreement with the President to provide services of the type described in subsection (c) for a period of not less than 2 months and not more than 2 years; and (4) meet such other requirements as the President determines appropriate. (c) Required Services.--A participant in the program established under this section shall-- (1) provide on-the-job training to medical and other personnel in the area in which the participant is serving to strengthen the basic health care system of the affected countries; (2) provide health care educational training for residents of the area in which the participant is serving; (3) provide basic health care services for those infected and affected by HIV/AIDS, tuberculosis, and malaria in the area in which the participant is serving; and (4) carry out other activities determined appropriate by the President. (d) Recruitment.--The President shall ensure that information on the program established under subsection (a) is widely distributed to the public, including distribution through schools for health professionals, hospitals, clinics, and nongovernmental organizations working in the areas of international health and aid. (e) Placement of Participants.--In assigning participants in the program established under subsection (a), the President shall-- (1) to the maximum extent practicable, ensure that such participants serve in the poorest areas of affected countries, where health care needs are likely to be the greatest; and (2) consult with relevant officials of affected countries at both the national and local level as well as with local community leaders and organizations. (f) Incentives.--The President may offer such incentives as the President determines to be necessary to encourage individuals to participate in the program established under subsection (a), including-- (1) partial payment of principal, interest, and related expenses on Government and commercial loans for educational expenses relating to professional health training; (2) where permissible, the deferment of repayments on loans described in paragraph (1); (3) ensuring the provision of the retirement benefits of participants if participation in the program would otherwise jeopardize the receipt of such benefits; and (4) other incentives determined appropriate by the President. (g) Coverage of Participants Under the Federal Tort Claims Act.--A participant in the program established under subsection (a) shall be deemed to be an employee of the United States Government for purposes of-- (1) chapter 171 of title 28, United States Code, and any other Federal tort liability law; (2) sections 5584 and 5732 of title 5, United States Code; and (3) section 3342 of title 31, United States Code. (h) Report.--Not later than 18 months after the date of enactment of this Act, the President shall submit to the appropriate committees of Congress a report that describes the steps taken under subsection (a) to establish the program, including-- (1) the process of recruitment, including the venues for recruitment, the number of candidates recruited, the incentives offered, if any, and the cost of those incentives; (2) the process, including the criteria used, for the selection of participants; (3) the number of participants placed, the countries in which they were placed, and why those countries were selected; and (4) the potential for expansion of the program. (i) Authorization of Appropriations.-- (1) In general.--In addition to amounts otherwise available for such purpose, there are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2004 through 2008. (2) Availability of funds.--Amounts appropriated under paragraph (1) shall remain available until expended.

AIDS Corps Act of 2003 - Directs the President to establish a pilot program to demonstrate the feasibility of facilitating the service of health care professionals from the United States in those areas of sub-Saharan Africa and other parts of the world that are severely affected by HIV/AIDS, tuberculosis, and malaria.

A bill to facilitate the service of health care professionals in areas of sub-Saharan Africa, and other parts of the world, that are severely affected by HIV/AIDS, tuberculosis, and malaria.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telecommunications Drug Enforcement Act of 1993''. SEC. 2. DISCONTINUANCE OF MOBILE RADIO SERVICE. Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following new section: ``SEC. 335. DISCONTINUANCE OF MOBILE RADIO SERVICE PURSUANT TO COURT ORDER. ``(a) Application.--An application for an order requiring a public or private mobile radio services licensee to discontinue service to a mobile radio unit may be made, in writing under oath or equivalent affirmation, to a court of competent jurisdiction by-- ``(1) an attorney for the Government; or ``(2) unless prohibited by State law, a State investigative or law enforcement officer. ``(b) Contents of Application.--An application under subsection (a) of this section shall include-- ``(1) the identity of the attorney for the Government or the State law enforcement or investigative officer making the application and the identity of the law enforcement agency investigating the user of the mobile radio unit; and ``(2) a full and complete statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued, the identity, if known, of the user of the mobile radio unit, the telephone number assigned to the mobile radio unit, and the electronic serial number, if known, of the mobile radio unit. ``(c) Issuance of an Order To Discontinue Service to a Mobile Radio Unit.-- ``(1) In general.--(A) Upon an application made under this section, the court shall enter an ex parte order requiring a public or private mobile radio services licensee to discontinue service to a mobile radio unit if the court determines, on the basis of the facts submitted by the applicant, that there is probable cause to believe that the mobile radio unit is being used for the purpose of transmitting or receiving information in connection with the manufacture, distribution, importation, exportation, or sale of a controlled substance in violation of Federal, State, or local law. ``(B) The court may require the applicant to furnish additional testimony or documentary evidence in support of the application. ``(2) Contents of the order.--An order under this section shall specify-- ``(A) the identity, if known, of the person whose mobile radio service is to be discontinued; ``(B) the telephone number assigned to the mobile radio unit; ``(C) the electronic serial number, if known, of the mobile radio unit; and ``(D) the effective date of the discontinuance of service, no earlier than 10 days after the order is issued. ``(d) Customer Notification.--Notice to the person whose mobile radio service is being discontinued shall be made by the law enforcement agency which made the application under this section within three days of the court's issuing its order. ``(e) Preservation of Remedies.--Nothing in subsection (c) of this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination, as otherwise provided by law, in a Federal court or a State court, that mobile radio service to such person should not be discontinued or refused or should be restored. ``(f) Limitation on Liability.--No cause of action shall lie in any court against any public or private mobile radio services licensee, its officers, employees, agents, or other specified persons for discontinuing or refusing mobile radio services in accordance with a court order specified in subsection (c) of this section. ``(g) Defense.--A good faith reliance by any public or private mobile radio service licensee on a court order specified in subsection (b) is a complete defense against any civil or criminal action brought under any law. ``(h) Operation Standards for Licensees.--The Federal Communications Commission shall, within 180 days after the date of enactment of this section, prescribe regulations-- ``(1) establishing minimum operating standards to ensure compliance with the requirements of this section by public or private mobile radio service licensees; ``(2) establishing, consistent with the public interest, standards regarding cooperation by such licensees with law enforcement authorities for the detection of activities described in subsection (c)(1)(A); ``(3) including minimum recordkeeping requirements for the purposes described in paragraphs (1) and (2); and ``(4) prescribing procedures for the Commission to verify compliance with such regulations.''.

Telecommunications Drug Enforcement Act of 1993 - Amends the Communications Act of 1934 to authorize a Government attorney or State investigative or law enforcement officer to apply for an order requiring a mobile radio services licensee to discontinue service to a mobile radio unit if an appropriate court finds that there is probable cause to believe that the unit is transmitting or receiving communications in connection with the illegal manufacture, distribution, or sale of a controlled substance. Requires such mobile unit holder to be notified within three days of issuance of the court order. Preserves all rights of such holder to contest such ruling.

Telecommunications Drug Enforcement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Artists' Rights and Theft Prevention Act of 2004'' or the ``ART Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds the following: (1) Intellectual property-- (A) represents the ideas, imagination and creativity needed to innovate long before a product is brought to market; (B) is fundamental to the continued economic, social, and cultural development of society; and (C) deserves the protection of our laws. (2) Music, film, software, and all other forms of intellectual property represent one of the strongest and most significant sectors of the United States economy, as demonstrated by the fact that these industries-- (A) accounted for more than 5 percent of the United States Gross Domestic Product, or $535,100,000,000 in 2001; (B) represent almost 6 percent of all United States employment; and (C) led all major industry sectors in foreign sales and exports in 2001. (3) In an attempt to combat the growing use of the Internet and technology for the illegal reproduction and distribution of copyrighted materials, Congress unanimously passed and President Clinton signed the ``No Electronic Theft (NET) Act'' in 1997. The NET Act is designed to strengthen copyright and trademark laws and to permit the prosecution of individuals in cases involving large-scale illegal reproduction or distribution of copyrighted works where the infringers act willfully. (4) Under the No Electronic Theft (NET) Act's economic harm requirement, investigations by law enforcement of copyright infringements are particularly resource intensive and pose significant challenges. In the interest of broader deterrence and in order to facilitate the prosecution of particularly egregious copyright violations, it is important to recognize that a significant level of economic harm can be reached by the distribution of prerelease commercial works. (5) The use of camcorders and other audiovisual recording devices in movie theaters to make illegal copies of films is posing a serious threat to the motion picture industry. According to a recent industry study, 92.4 percent of the first copies of movies available for download on the Internet originate from camcorders. (6) Given the difficulty of enforcement, online theft of music, film, software, and all forms of intellectual property continues to rise. The negative effects on this large segment of the United States economy are significant, as exemplified by almost a 31 percent drop in sales for the music industry from the middle of 2000 to the middle of 2003. (7) Federal legislation is necessary and warranted to combat the most egregious forms of online theft of intellectual property and its significant, negative economic impact on the United States economy because-- (A) Article 1, section 8 of the United States Constitution gives Congress the power ``[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries,'' as well as the power ``[t]o regulate Commerce with foreign nations, and among the several States.''; (B) the importance of the music, film, software and other intellectual property-based industries to the overall health of the United States economy is well documented and significant; and (C) theft and unauthorized distribution of intellectual property across State and international lines occurs on a regular basis. SEC. 3. CRIMINAL PENALTIES FOR UNAUTHORIZED RE-CORDING OF MOTION PICTURES IN A MOTION PICTURE EXHIBITION FACILITY. (a) In General.--Chapter 113 of title 18, United States Code, is amended by adding after section 2319A the following new section: ``Sec. 2319B. Unauthorized recording of motion pictures in a motion picture exhibition facility ``(a) Offense.--Any person who, without the authorization of the copyright owner, knowingly uses or attempts to use an audiovisual recording device to transmit or make a copy of a motion picture or other audiovisual work protected under title 17, or any part thereof, from a performance of such work in a motion picture exhibition facility, shall-- ``(1) be imprisoned for not more than 3 years, fined under this title, or both; or ``(2) if the offense is a second or subsequent offense, be imprisoned for no more than 6 years, fined under this title, or both. ``(b) Forfeiture and Destruction.--When a person is convicted of a violation of subsection (a), the court in its judgment of conviction shall, in addition to any penalty provided, order the forfeiture and destruction or other disposition of all unauthorized copies of motion pictures or other audiovisual works protected under title 17, or parts thereof, and any audiovisual recording devices or other equipment used in connection with the offense. ``(c) Authorized Activities.--This section does not prevent any lawfully authorized investigative, protective, or intelligence activity by an officer, agent, or employee of the United States, a State, or a political subdivision of a State, or a person acting under a contract with the United States, a State, or a political subdivision of a State. ``(d) Immunity for Theaters.--With reasonable cause, the owner or lessee of a facility where a motion picture is being exhibited, the authorized agent or employee of such owner or lessee, the licensor of the motion picture being exhibited, or the agent or employee of such licensor-- ``(1) may detain, in a reasonable manner and for a reasonable time, any person suspected of a violation of this section for the purpose of questioning or summoning a law enforcement officer; and ``(2) shall not be held liable in any civil or criminal action arising out of a detention under paragraph (1). ``(e) Victim Impact Statement.-- ``(1) In general.--During the preparation of the presentence report under rule 32(c) of the Federal Rules of Criminal Procedure, victims of an offense under this section shall be permitted to submit to the probation officer a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Contents.--A victim impact statement submitted under this subsection shall include-- ``(A) producers and sellers of legitimate works affected by conduct involved in the offense; ``(B) holders of intellectual property rights in the works described in subparagraph (A); and ``(C) the legal representatives of such producers, sellers, and holders. ``(f) Definitions.--In this section, the following definitions shall apply: ``(1) Title 17 definitions.--The terms `audiovisual work', `copy', `copyright owner', `motion picture', `motion picture exhibition facility', and `transmit' have, respectively, the meanings given those terms in section 101 of title 17. ``(2) Audiovisual recording device.--The term `audiovisual recording device' means a digital or analog photographic or video camera, or any other technology or device capable of enabling the recording or transmission of a copyrighted motion picture or other audiovisual work, or any part thereof, regardless of whether audiovisual recording is the sole or primary purpose of the device.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 113 of title 18, United States Code, is amended by inserting after the item relating to section 2319A the following: ``2319B. Unauthorized recording of motion pictures in a motion picture exhibition facility.''. (c) Definition.--Section 101 of title 17, United States Code, is amended by inserting after the definition of ``Motion pictures'' the following: ``The term `motion picture exhibition facility' means a movie theater, screening room, or other venue that is being used primarily for the exhibition of a copyrighted motion picture, if such exhibition is open to the public or is made to an assembled group of viewers outside of a normal circle of a family and its social acquaintances.''. SEC. 4. CRIMINAL INFRINGEMENT OF A WORK BEING PREPARED FOR COMMERCIAL DISTRIBUTION. (a) Prohibited Acts.--Section 506(a) of title 17, United States Code, is amended to read as follows: ``(a) Criminal Infringement.-- ``(1) In general.--Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed-- ``(A) for purposes of commercial advantage or private financial gain; ``(B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or ``(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution. ``(2) Evidence.--For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement of a copyright. ``(3) Definition.--In this subsection, the term `work being prepared for commercial distribution' means-- ``(A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if at the time of unauthorized distribution-- ``(i) the copyright owner has a reasonable expectation of commercial distribution; and ``(ii) the copies or phonorecords of the work have not been commercially distributed; or ``(B) a motion picture, if at the time of unauthorized distribution, the motion picture-- ``(i) has been made available for viewing in a motion picture exhibition facility; and ``(ii) has not been made available in copies for sale to the general public in the United States in a format intended to permit viewing outside a motion picture exhibition facility.''. (b) Criminal Penalties.--Section 2319 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``Whoever'' and inserting ``Any person who''; and (B) by striking ``and (c) of this section'' and inserting ``, (c), and (d)''; (2) in subsection (b), by striking ``section 506(a)(1)'' and inserting ``section 506(a)(1)(A)''; (3) in subsection (c), by striking ``section 506(a)(2) of title 17, United States Code'' and inserting ``section 506(a)(1)(B) of title 17''; (4) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (5) by adding after subsection (c) the following: ``(d) Any person who commits an offense under section 506(a)(1)(C) of title 17-- ``(1) shall be imprisoned not more than 3 years, fined under this title, or both; ``(2) shall be imprisoned not more than 5 years, fined under this title, or both, if the offense was committed for purposes of commercial advantage or private financial gain; ``(3) shall be imprisoned not more than 6 years, fined under this title, or both, if the offense is a second or subsequent offense; and ``(4) shall be imprisoned not more than 10 years, fined under this title, or both, if the offense is a second or subsequent offense under paragraph (2).''; and (6) in subsection (f), as redesignated-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(3) the term `financial gain' has the meaning given the term in section 101 of title 17; and ``(4) the term `work being prepared for commercial distribution' has the meaning given the term in section 506(a) of title 17.''. SEC. 5. CIVIL REMEDIES FOR INFRINGEMENT OF A WORK BEING PREPARED FOR COMMERCIAL DISTRIBUTION. (a) Preregistration.--Section 408 of title 17, United States Code, is amended by adding at the end the following: ``(f) Preregistration of Works Being Prepared for Commercial Distribution.-- ``(1) Rulemaking.--Not later than 180 days after the date of enactment of this Act, the Register of Copyrights shall issue regulations to establish procedures for preregistration of a work that is being prepared for commercial distribution and has not been published. ``(2) Class of works.--The regulations established under paragraph (1) shall permit preregistration for any work that is in a class of works that the Register determines has had a history of infringement prior to authorized commercial distribution. ``(3) Application for registration.--Not later than 3 months after the first publication of the work, the applicant shall submit to the Copyright Office-- ``(A) an application for registration of the work; ``(B) a deposit; and ``(C) the applicable fee. ``(4) Effect of untimely application.--An action for infringement under this chapter shall be dismissed, and no award of statutory damages or attorney fees shall be made for a preregistered work, if the items described in paragraph 3 are not submitted to the Copyright Office in proper form within the earlier of-- ``(A) 3 months after the first publication of the work; or ``(B) 1 month after the copyright owner has learned of the infringement.''. (b) Infringement Actions.--Section 411(a) of title 17, United States Code, is amended by inserting ``preregistration or'' after ``shall be instituted until''. (c) Exclusion.--Section 412 of title 17, United States Code, is amended by inserting ``, an action for infringement of the copyright of a work that has been preregistered under section 408(f) before the commencement of the infringement,'' after ``section 106A(a)''. SEC. 6. FEDERAL SENTENCING GUIDELINES. (a) Review and Amendment.--Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of intellectual property rights crimes, including any offense under-- (1) section 506, 1201, or 1202 of title 17, United States Code; or (2) section 2318, 2319, 2319A, 2319B, or 2320 of title 18, United States Code. (b) Authorization.--The United States Sentencing Commission may amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired. (c) Responsibilities of United States Sentencing Commission.--In carrying out this subsection, the United States Sentencing Commission shall-- (1) take all appropriate measures to ensure that the Federal sentencing guidelines and policy statements described in subsection (a) are sufficiently stringent to deter, and adequately reflect the nature of, intellectual property rights crimes; (2) determine whether to provide a sentencing enhancement for those convicted of the offenses described in subsection (a), if the conduct involves the display, performance, publication, reproduction, or distribution of a copyrighted work before it has been authorized by the copyright owner, whether in the media format used by the infringing party or in any other media format; (3) determine whether the scope of ``uploading'' set forth in application note 3 of section 2B5.3 of the Federal sentencing guidelines is adequate to address the loss attributable to people who broadly distribute copyrighted works without authorization over the Internet; and (4) determine whether the sentencing guidelines and policy statements applicable to the offenses described in subsection (a) adequately reflect any harm to victims from copyright infringement if law enforcement authorities cannot determine how many times copyright material has been reproduced or distributed. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of Justice $5,000,000 for each of the fiscal years 2005, 2006, 2007, 2008, and 2009 to prosecute violations of intellectual property rights as set forth under sections 2318, 2319, 2319A, 2319B, and 2320 of title 18, United States Code. Passed the Senate June 25, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Artists' Rights and Theft Prevention Act of 2004 (ART Act) - (Sec. 3) Amends the Federal criminal code to prohibit use of an audiovisual recording device to transmit or copy a protected audiovisual work from a performance in a motion picture exhibition facility without the authorization of the copyright owner. Authorizes a court, upon a conviction, to order the forfeiture and destruction of unauthorized copies and of equipment used in such an offense. Permits a facility owner, motion picture licensor, or employee thereof to detain any person suspected of violating such prohibition for purposes of questioning or summoning a law enforcement officer. Grants such parties immunity from liability for such detention. Requires that victims be permitted to submit for inclusion in the presentence report a victim impact statement identifying the injuries and losses suffered. (Sec. 4) Establishes criminal penalties for willful copyright infringement by the distribution of a computer program, musical work, motion picture or other audiovisual work, or sound recording being prepared for commercial distribution by making it available on a computer network accessible to members of the public, if the person knew or should have known that the work was intended for commercial distribution. (Sec. 5) Directs the Register of Copyrights to issue regulations to establish procedures for preregistration of a work that is being prepared for commercial distribution and has not been published. Requires such regulations to permit preregistration for any work that is in a class of works that the Register determines has had a history of infringement prior to authorized commercial distribution. Requires the applicant to submit, within three months after the work's first publication, an application for registration, a deposit, and the applicable fee. Directs that an application for infringement be dismissed, and prohibits any award of statutory damages or attorney fees, for a preregistered work if those items are not submitted to the Copyright Office in proper form within the earlier of: (1) three months after the work's first publication; or (2) one month after the copyright owner has learned of the infringement. (Sec. 6) Directs the U.S. Sentencing Commission to review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of intellectual property rights offenses, including trafficking in counterfeit labels for phonorecords and copies of motion pictures and unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances. Directs the Commission to: (1) take measures to ensure that the guidelines and policy statements are sufficiently stringent to deter, and adequately reflect the nature of, intellectual property crimes; (2) determine whether to provide a sentencing enhancement for those convicted of the listed offenses if the conduct involves the display, performance, publication, reproduction, or distribution of a copyrighted work before it has been authorized; (3) determine whether the scope of "uploading" set forth in the sentencing guidelines is adequate to address the loss attributable to people who broadly distribute copyrighted works without authorization over the Internet; and (4) determine whether the sentencing guidelines and policy statements adequately reflect any harm to victims from copyright infringement if law enforcement authorities cannot determine how many times copyright material has been reproduced or distributed. (Sec. 7) Authorizes appropriations to the Department of Justice for FY 2005 through 2009 to prosecute violations of intellectual property rights.

A bill to provide criminal penalties for unauthorized recording of motion pictures in a motion picture exhibition facility, to provide criminal and civil penalties for unauthorized distribution of commercial prerelease copyrighted works, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Abandoned and Medically Fragile Infants Assistance Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) throughout the Nation, the number of infants and young children who have been exposed to drugs taken by their mothers during pregnancy has increased dramatically; (2) the inability of parents who abuse drugs to provide adequate care for such infants and young children and a lack of suitable shelter homes for such infants and young children have led to the abandonment of such infants and young children in hospitals for extended periods; (3) an unacceptable number of these infants and young children will be medically cleared for discharge, yet remain in hospitals as boarder babies; (4) hospital-based child care for these infants and young children is extremely costly and deprives them of an adequate nurturing environment; (5) training is inadequate for foster care personnel working with medically fragile infants and young children and infants and young children exposed to drugs; (6) a particularly devastating development is the increase in the number of infants and young children who are infected with the human immunodeficiency virus (which is believed to cause acquired immune deficiency syndrome and which is commonly known as HIV) or who have been perinatally exposed to the virus or to a dangerous drug; (7) many such infants and young children have at least one parent who is an intravenous drug abuser; (8) such infants and young children are particularly difficult to place in foster homes, and are being abandoned in hospitals in increasing numbers by mothers dying of acquired immune deficiency syndrome, or by parents incapable of providing adequate care; (9) there is a need for comprehensive services for such infants and young children, including foster family care services, case management services, family support services, respite and crisis intervention services, counseling services, and group residential home services; (10) there is a need to support the families of such infants and young children through the provision of services that will prevent the abandonment of the infants and children; and (11) there is a need for the development of funding strategies that coordinate and make the optimal use of all private resources, and Federal, State, and local resources, to establish and maintain such services. SEC. 3. GRANTS FOR PROJECTS REGARDING ABANDONMENT OF INFANTS AND YOUNG CHILDREN IN HOSPITALS. (a) In General.--The Secretary of Health and Human Services may make grants to public and nonprofit private entities for the purpose of developing, implementing, and operating projects-- (1) to prevent the abandonment of infants and young children, including the provision of services to members of the natural family for any condition that increases the probability of abandonment of an infant or young child; (2) to identify and address the needs of abandoned infants and young children; (3) to assist abandoned infants and young children to reside with their natural families or in foster care, as appropriate; (4) to recruit, train, and retain foster families for abandoned infants and young children; (5) to carry out residential care programs for abandoned infants and young children who are unable to reside with their families or to be placed in foster care; (6) to carry out programs of respite care for families and foster families of infants and young children described in subsection (b); (7) to recruit and train health and social services personnel to work with families, foster care families, and residential care programs for abandoned infants and young children; and (8) to prevent the abandonment of infants and young children, and to care for the infants and young children who have been abandoned, through model programs providing health, educational, and social services at a single site in a geographic area in which a significant number of infants and young children described in subsection (b) reside (with special consideration given to applications from entities that will provide the services of the project through community-based organizations). (b) Priority in Provision of Services.--The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees that, in carrying out the purpose described in subsection (a) (other than with respect to paragraph (6) of such subsection), the applicant will give priority to abandoned infants and young children-- (1) who are infected with the human immunodeficiency virus or who have been perinatally exposed to the virus; or (2) who have been perinatally exposed to a dangerous drug. (c) Case Plan With Respect to Foster Care.--The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees that, if the applicant expends the grant to carry out any program of providing care to infants and young children in foster homes or in other nonmedical residential settings away from their parents, the applicant will ensure that-- (1) a case plan of the type described in paragraph (1) of section 475 of the Social Security Act is developed for each such infant and young child (to the extent that such infant and young child is not otherwise covered by such a plan); and (2) the program includes a case review system of the type described in paragraph (5) of such section (covering each such infant and young child who is not otherwise subject to such a system). (d) Administration of Grant.-- (1) The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees-- (A) to use the funds provided under this section only for the purposes specified in the application submitted to, and approved by, the Secretary pursuant to subsection (e); (B) to establish such fiscal control and fund accounting procedures as may be necessary to ensure proper disbursement and accounting of Federal funds paid to the applicant under this section; and (C) to report to the Secretary annually on the utilization, cost, and outcome of activities conducted, and services furnished, under this section. (e) Requirement of Application.--The Secretary may not make a grant under subsection (a) unless-- (1) an application for the grant is submitted to the Secretary; (2) with respect to carrying out the purpose for which the grant is to be made, the application provides assurances of compliance satisfactory to the Secretary; and (3) the application otherwise 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. SEC. 4. GRANTS TO PROVIDE NURTURING HOME ENVIRONMENTS AND FAMILY- CENTERED SERVICES FOR MEDICALLY FRAGILE INFANTS. The Secretary may make grants to public and nonprofit entities for the purposes of developing, implementing, or operating-- (1) programs and activities to prevent the medical neglect of disabled infants with life-threatening conditions; (2) information, education, and training programs designed to improve the provision of services to disabled infants with life-threatening conditions for-- (A) professional and paraprofessional personnel concerned with the welfare of disabled infants with life-threatening conditions, including personnel employed in child protective services programs and health care facilities; and (B) the parents of such infants; and (3) programs to assist in obtaining or coordinating necessary services for families of disabled infants with life- threatening conditions, including-- (A) existing social and health services; (B) financial assistance; and (C) services necessary to facilitate adoptive placement of any such infant who is legally free for adoption. SEC. 5. EVALUATIONS, STUDIES, AND REPORTS BY SECRETARY. The Secretary shall, directly or through contracts with public and nonprofit private entities, provide for evaluations of projects carried out under this Act and for the dissemination of information developed as result of such projects. SEC. 6. DEFINITIONS. For purposes of this Act: (1) The terms ``abandoned'' and ``abandonment'', with respect to infants and young children, mean that the infants and young children are medically cleared for discharge from acute-care hospital settings, but remain hospitalized because of a lack of appropriate out-of-hospital placement alternatives. (2) The term ``dangerous drug'' means a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). (3) The term ``natural family'' shall be broadly interpreted to include natural parents, grandparents, family members, guardians, children residing in the Household, and individuals residing in the household on a continuing basis who are in a care-giving situation with respect to infants and young children covered under this Act. (4) The term ``acquired immune deficiency syndrome'' includes infection with the etiologic agent for such syndrome, any condition indicating that an individual is infected with such etiologic agent, and any condition arising from such etiologic agent. (5) The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--For the purpose of carrying out this Act, there are authorized to be appropriated $15,000,000 for fiscal year 1996 and such sums as may be necessary for each of the fiscal years 1997, 1998, 1999, and 2000. (b) Availability of Funds.--Amounts appropriated under this section shall remain available until expended. (1) Conforming amendment.--Section 421(7) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5061(7)) is amended to read as follows: ``(7) the term `border baby' means an infant described in section 6(1) of the Abandoned and Medically Fragile Infants Assistance Act of 1995.''.

Abandoned and Medically Fragile Infants Assistance Act of 1995 - Authorizes grants to develop, implement, and operate projects and programs to: (1) prevent, and provide services regarding, abandonment of infants; and (2) prevent medical neglect of, and provide services regarding, disabled infants with life-threatening conditions. Defines "abandoned" to mean infants and young children medically cleared for hospital discharge but remaining hospitalized because of a lack of appropriate out-of-hospital placement alternatives. Authorizes appropriations. Amends the Domestic Volunteer Service Act of 1973 to replace the definition of "boarder baby" with references to the definition of "abandoned" under this Act.

Abandoned and Medically Fragile Infants Assistance Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Collaborative Academic Research Efforts for Tourette Syndrome Act of 2017''. SEC. 2. PROGRAMS OF THE NATIONAL INSTITUTES OF HEALTH RELATING TO TOURETTE SYNDROME. Part B of title IV of the Public Health Service Act is amended by inserting after section 409J (42 U.S.C. 284q) the following: ``SEC. 409K. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES WITH RESPECT TO TOURETTE SYNDROME. ``(a) In General.--The Secretary, acting through the Director of NIH, shall expand, intensify, and coordinate the programs and activities of the National Institutes of Health with respect to scientific and clinical research on Tourette syndrome. ``(b) Data Collection.-- ``(1) System.--In carrying out subsection (a), the Secretary shall develop a system to collect data on Tourette syndrome, including epidemiologic information with respect to the incidence, prevalence, and impact of Tourette syndrome in the United States. ``(2) Broad and narrow definitions.--The data collection system under paragraph (1) shall provide for the collection of primary data on Tourette syndrome, including related data on the various conditions known to be comorbid with Tourette syndrome. ``(3) Collection by population and geographical region.-- The data collection system under paragraph (1) shall provide for the collection of data on the availability of medical and social services for individuals with Tourette syndrome and their families and the disaggregation of such data by population and geographical region. ``(c) Collaborative Research Centers for Tourette Syndrome.-- ``(1) In general.--In carrying out subsection (a), the Secretary shall award grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for Collaborative Research Centers for Tourette Syndrome. ``(2) Research.--Each center under paragraph (1) shall conduct basic and clinical research into Tourette syndrome. Such research should include investigations into the cause, diagnosis, early detection, prevention, control, and treatment of Tourette syndrome. The research conducted by such centers, as a group, shall include research in the fields of developmental neurobiology, neuroscience, genetics, psychology, and pharmacology. ``(3) Services for patients.-- ``(A) In general.--A center under paragraph (1) may expend amounts provided under such paragraph to carry out a program to make individuals aware of opportunities to participate as subjects in research conducted by the centers. ``(B) Referral and costs.--A program under subparagraph (A) may, in accordance with such criteria as the Secretary may establish, provide to the subjects described in such subparagraph, referrals for health and other services, and such patient care costs as are required for research. ``(C) Availability and access.--The extent to which a center can demonstrate availability and access to clinical services shall be considered by the Secretary in decisions about awarding grants and contracts to applicants which meet the scientific criteria for funding under this subsection. ``(4) Organization of collaborative research centers for tourette syndrome.-- ``(A) In general.--A center under paragraph (1) may-- ``(i) use the facilities of a single institution; or ``(ii) be formed from a consortium of cooperating institutions and patient advocacy groups in order to maximize the scope of the center's services and geographic coverage. ``(B) Eligibility requirements.--To be eligible to make facilities so available (as described in subparagraph (A)(i)) or participate in such a consortium (as described in subparagraph (A)(ii)), an institution or group shall meet such requirements as the Secretary may prescribe. ``(5) Number of centers; duration of support.-- ``(A) In general.--Subject to the availability of appropriations, the Secretary shall provide for the establishment of not fewer than 4 and not more than 6 centers under paragraph (1). ``(B) Geographical distribution.--The Secretary shall-- ``(i) ensure that each of the centers established under paragraph (1) is located in a different region of the United States than other such centers; and ``(ii) encourage the formation of such centers from a consortium of entities (as described in paragraph (4)(A)(ii)) covering multiple regions or States. ``(C) Duration.--Support for a center established under paragraph (1) may be provided under this section for a period not to exceed 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed and approved by an appropriate technical and scientific peer review group established by the Secretary and if such group has recommended to the Secretary that such period should be extended. ``(d) Research on Symptomology and Treatment.--In carrying out subsection (a), the Secretary shall award grants on a competitive, peer-reviewed basis for research on-- ``(1) the full range of symptomology within the Tourette syndrome clinical spectrum; and ``(2) the efficacy of treatment options for particular patient subpopulations. ``(e) Funding.--Of the amounts made available to carry out the programs and activities of the National Institutes of Health for a fiscal year, the Secretary shall designate a portion of such amounts for carrying out the programs and activities of the National Institutes of Health with respect to Tourette syndrome.''.

Collaborative Academic Research Efforts for Tourette Syndrome Act of 2017 This bill amends the Public Health Service Act to require the National Institutes of Health (NIH) to expand, intensify, and coordinate NIH research on Tourette syndrome. The NIH must: (1) develop a system to collect data on Tourette syndrome, including epidemiological information and data on the availability of medical and social services for individuals with Tourette syndrome and their families; (2) support Collaborative Research Centers for Tourette Syndrome to conduct basic and clinical research; (3) award grants for research on Tourette syndrome symptoms and treatment options for particular patient subpopulations; (4) designate funding to carry out Tourette syndrome programs and activities.

Collaborative Academic Research Efforts for Tourette Syndrome Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast Cancer License Plate Matching Grant Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds as follows: (1) During 2001, 182,800 new cases of female invasive breast cancer will be diagnosed, and 40,800 women will die from the disease. In addition, 1,400 male cases are projected to be diagnosed, and 400 men will die from the disease. (2) Breast cancer is the second leading cause of cancer death among all women and the leading cause of cancer death among women between ages 40 and 55. (3) Breast cancer is the most common form of cancer among women, excluding skin cancers. (4) Each year thousands of women and men who cannot afford treatment are diagnosed with breast cancer. (5) Early detection of breast cancer is the best protection. However, there is no benefit of early detection if adequate treatment cannot be obtained. (b) Purposes.--The purposes of this Act are as follows: (1) To promote the creation of specialized license plates for breast cancer awareness and research or treatment programs by providing matching grants to States that develop and fund such license plate programs. (2) To provide an incentive for States to develop a program similar to the Breast Cancer License Plate program in California, which authorizes special breast cancer license plates for an increased fee with a portion of that fee being expended to assist low-income breast cancer victims in affording treatment or to increase research funding. (3) To continue the partnerships among the Federal Government, State governments, and individuals in raising awareness about breast cancer among all Americans. SEC. 3. MATCHING GRANTS FOR ESTABLISHMENT OF STATE LICENSE PLATE PROGRAMS REGARDING BREAST CANCER. (a) In General.--The Secretary of Health and Human Services may make grants to States for the purpose of assisting the States with the costs of establishing programs under which-- (1) the State involved develops a vehicle license plate that displays a message devised by the State to indicate support for programs that respond to the problem of breast cancer; (2) from fees paid by residents of the State for such license plates, the State reserves funds for the purpose described in subsection (b); and (3) the State carries out activities to make residents of the State aware of the license plate and the relationship between the license plate and breast cancer programs. (b) Funding for Breast Cancer Programs.--The purpose referred to in subsection (a)(2) is providing funds to public or private entities for any or all of the following: (1) To assist individuals who have breast cancer in paying the costs of receiving treatment for the cancer. (2) To carry out programs of research regarding the prevention or treatment of breast cancer. (3) To carry out activities to educate the public on breast cancer. (c) Matching Funds.-- (1) In general.--With respect to the costs of the program to be carried out by a State with a grant under subsection (a), the Secretary may make such a grant only if the State agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 50 percent of such costs ($1 for each $1 provided in the grant). (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. (d) Application for Grant.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (e) Limitation.--A State may not receive more than one grant under subsection (a). (f) Definitions.--For purposes of this section: (1) The term `Secretary' means the Secretary of Health and Human Services. (2) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands. (g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2002 through 2004.

Breast Cancer License Plate Matching Grant Act of 2001 - Directs the Secretary of Health and Human Services to make grants to States for the purpose of assisting the States with the costs of establishing programs under which: (1) the State involved develops a vehicle license plate that displays a message devised by the State to indicate support for programs that respond to the problem of breast cancer; (2) from fees paid by residents of the State for such license plates, the State reserves funds for assisting individuals who have breast cancer in paying the costs of receiving treatment for the cancer, carrying out programs of research regarding the prevention or treatment of breast cancer, and carrying out activities to educate the public on breast cancer; and (3) the State carries out activities to make residents of the State aware of the license plate and the relationship between the license plate and breast cancer programs.Provides for matching funds and authorizes appropriations.

To authorize the Secretary of Health and Human Services to make matching grants available to the States in order to encourage the establishment of State license plate programs to provide funds for the treatment of breast cancer, for research on such cancer, and for educational activities regarding such cancer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Diabetes Self-Management Training Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Diabetes is widely recognized as one of the top public health threats currently facing the United States. Approximately 21,000,000 people in the United States are currently living with diabetes, and another 54,000,000 people in the United States have pre-diabetes, dramatically raising their risk of developing diabetes, heart disease, and stroke. Diabetes is the 6th leading cause of death in the United States, causing at least 224,000 deaths annually. The prevalence of the most common type of diabetes has tripled in the last 30 years, and approximately 2,200 people are diagnosed with diabetes each day. (2) Diabetes self-management training, also called diabetes education, provides critical knowledge and skills training to patients with diabetes, helping them identify barriers, facilitate problem solving, and develop coping skills to effectively manage their diabetes. A certified diabetes educator is a health care professional, often a nurse, dietitian, or pharmacist, who specializes in helping people with diabetes develop the self-management skills needed to stay healthy and avoid costly acute complications and emergency care, as well as debilitating secondary conditions caused by diabetes. (3) Diabetes self-management training has been proven effective in helping to reduce the risks and complications of diabetes. In 2002, the Diabetes Prevention Program study conducted by the National Institutes of Health and the Centers for Disease Control and Prevention found that participants (all of whom were at increased risk of developing type 2 diabetes) who made lifestyle changes reduced their risk of getting type 2 diabetes by 58 percent. Lifestyle intervention worked in all of the groups but it worked particularly well in people aged 60 and older, reducing the development of diabetes by 71 percent. Similarly, studies have found that patients under the care of a certified diabetes educator are better able to control their diabetes and report improvement in their health status. (4) Lifestyle changes, such as those taught by certified diabetes educators, directly contribute to better glycemic control and reduced complications from diabetes. Evidence shows that the potential for prevention of the most serious medical complications caused by diabetes to be as high as 90 percent (blindness), 85 percent (amputations), and 50 percent (heart disease and stroke) with proper medical treatment and active self-management. (5) There are currently more than 20,000 diabetes educators in the United States, most of whom are certified diabetes educators credentialed by the National Certification Board for Diabetes Educators. Eligibility for certification as a diabetes educator by the National Certification Board for Diabetes Educators requires prerequisite qualifying professional credentials in specific health care professions and professional practice experience that includes a minimum number of hours and years of experience in diabetes self-management training. Diabetes educators certified by the National Certification Board for Diabetes Educators must also pass a rigorous national examination and periodically renew their credentials. Diabetes educators certified by the National Certification Board for Diabetes Educators, and licensed by a State as a health professional, are uniquely qualified to provide diabetes self-management training under the Medicare program. SEC. 3. RECOGNITION OF CERTIFIED DIABETES EDUCATORS AS CERTIFIED PROVIDERS FOR PURPOSES OF MEDICARE DIABETES OUTPATIENT SELF-MANAGEMENT TRAINING SERVICES. (a) In General.--Section 1861(qq) of the Social Security Act (42 U.S.C. 1395x(qq)) is amended-- (1) in paragraph (1), by inserting ``or by a certified diabetes educator (as defined in paragraph (3))'' after ``paragraph (2)(B)''; and (2) by adding at the end the following new paragraphs: ``(3) For purposes of paragraph (1), the term `certified diabetes educator' means an individual who-- ``(A) is licensed or registered by the State in which the services are performed as a health care professional; ``(B) specializes in teaching individuals with diabetes to develop the necessary skills and knowledge to manage the individual's diabetic condition; and ``(C) is certified as a diabetes educator by a recognized certifying body (as defined in paragraph (4)). ``(4)(A) For purposes of paragraph (3)(B), the term `recognized certifying body' means-- ``(i) the National Certification Board for Diabetes Educators, or ``(ii) a certifying body for diabetes educators, which is recognized by the Secretary as authorized to grant certification of diabetes educators for purposes of this subsection pursuant to standards established by the Secretary, if the Secretary determines such Board or body, respectively, meets the requirement of subparagraph (B). ``(B) The National Certification Board for Diabetes Educators or a certifying body for diabetes educators meets the requirement of this subparagraph, with respect to the certification of an individual, if the Board or body, respectively, is incorporated and registered to do business in the United States and requires as a condition of such certification each of the following: ``(i) The individual has a qualifying credential in a specified health care profession. ``(ii) The individual has professional practice experience in diabetes self-management training that includes a minimum number of hours and years of experience in such training. ``(iii) The individual has successfully completed a national certification examination offered by such entity. ``(iv) The individual periodically renews certification status following initial certification.''. (b) GAO Study and Report.-- (1) Study.--The Comptroller General of the United States shall conduct a study to identify the barriers that exist for Medicare beneficiaries with diabetes in accessing diabetes self-management training services under the Medicare program, including economic and geographic barriers and availability of appropriate referrals and access to adequate and qualified providers. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the study conducted under paragraph (1). (c) AHRQ Development of Recommendations for Outreach Methods and Report.-- (1) Development of recommendations.--The Director of the Agency for Healthcare Research and Quality shall, through use of a workshop and other appropriate means, develop a series of recommendations on effective outreach methods to educate primary care physicians and the public about the benefits of diabetes self-management training in order to promote better health outcomes for patients with diabetes. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Director of the Agency for Healthcare Research and Quality shall submit to Congress a report on the recommendations developed under paragraph (1). (d) Effective Date.--The amendments made by subsection (a) shall apply to diabetes outpatient self-management training services furnished on or after the first day of the first calendar year that is at least 6 months after the date of the enactment of this Act.

Medicare Diabetes Self-Management Training Act of 2007- Amends title XVIII (Medicare) of the Social Security Act to provide for the recognition of state- licensed or registered health care professionals who are certified diabetes educators as Medicare providers of diabetes outpatient self-management training services. Directs the Comptroller General to study and report to Congress on the barriers that exist for Medicare beneficiaries with diabetes in accessing diabetes self-management training services under the Medicare program. Directs the Director of the Agency for Health Care Research and Quality to develop a series of recommendations on effective outreach methods to educate primary care physicians and the public about the benefits of diabetes self-management training.

To amend title XVIII of the Social Security Act to improve access to diabetes self-management training by designating certain certified diabetes educators as certified providers for purposes of outpatient diabetes self-management training services under part B of the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spectrum Inventory and Auction Act of 2011''. SEC. 2. INVENTORY OF BROADBAND SPECTRUM. Part B of title I of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 et seq.) is amended by adding at the end the following new section: ``SEC. 119. INVENTORY OF BROADBAND SPECTRUM. ``(a) In General.--The Assistant Secretary and the Commission shall conduct an inventory of each broadband radio spectrum band of frequencies listed in the United States Table of Frequency Allocations. Such inventory shall include-- ``(1) the radio services authorized to operate in each band of frequencies; ``(2) the identity of each Federal or non-Federal user within each such radio service authorized to operate in each band of frequencies; ``(3) the activities, capabilities, functions, or missions (including whether such activities, capabilities, functions, or missions are space-based, air-based, or ground-based) supported by the transmitters, end-user terminals or receivers, or other radio frequency devices authorized to operate in each band of frequencies; ``(4) the total amount of spectrum, by band of frequencies, assigned or licensed to each Federal or non-Federal user (in percentage terms and in sum) and the geographic areas covered by their respective assignments or licenses; ``(5) the approximate number of transmitters, end-user terminals or receivers, or other radio frequency devices authorized to operate, as appropriate to characterize the extent of use of each radio service in each band of frequencies; ``(6) an approximation of the extent to which each Federal or non-Federal user is using, by geography, each band of frequencies, such as the amount and percentage of time of use, number of end users, or other measures as appropriate to the particular band and radio service; and ``(7) to the greatest extent possible-- ``(A) contour maps or other information that illustrate the coverage area, receiver performance, and other parameters relevant to an assessment of the availability of spectrum in each band; ``(B) for each band or range of frequencies, the identity of each entity offering unlicensed services and the types and approximate number of unlicensed intentional radiators verified or certified by the Commission that are authorized to operate; and ``(C) for non-Federal users, any commercial names under which facilities-based service is offered to the public using the spectrum of the non-Federal user, including the commercial names under which the spectrum is being offered through resale. ``(b) Updates of Inventory.--The Assistant Secretary and the Commission shall make all reasonable efforts to update the inventory conducted under subsection (a) on a quarterly basis, but in no event shall the updates of the inventory be made less frequently than semiannually. ``(c) Reports to Congress.-- ``(1) Inventory reports.--Not later than December 31, 2011, and biennially thereafter, the Assistant Secretary and the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Energy and Commerce of the House of Representatives a report containing-- ``(A) the results of the inventory conducted under subsection (a), including any updates to the information in the inventory pursuant to subsection (b); ``(B) a description of any information the Assistant Secretary or the Commission determines is necessary for the inventory but that is unavailable; and ``(C) a description of any information with respect to which the head of an Executive agency has notified the Assistant Secretary under subsection (e)(1)(A). ``(2) Relocation reports.--Not later than July 1, 2012, and biennially thereafter, the Assistant Secretary and the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report containing a recommendation of which bands of frequencies inventoried under subsection (a), if any, should be reallocated or otherwise made available for shared access and an explanation of the basis for that recommendation. ``(d) Availability on Internet.-- ``(1) In general.--Not later than March 31, 2012, the Assistant Secretary and the Commission shall make the inventory conducted under subsection (a) available to the public on an Internet website. ``(2) Updates.--Not later than 30 days after each update of the inventory under subsection (b), the Assistant Secretary and the Commission shall update the information posted on the Internet website under paragraph (1). ``(e) National Security Exception.-- ``(1) In general.-- ``(A) Notification by agency head.--If the head of an Executive agency (as defined in section 105 of title 5, United States Code) determines that public disclosure of certain information held by such agency or a licensee of non-Federal spectrum and required to be included in the inventory under subsection (a) would reveal classified national security information and such public disclosure would be detrimental to national security, the agency head shall notify the Assistant Secretary of that determination and shall include descriptions of the activities, capabilities, functions, or missions (including whether they are space-based, air-based, or ground-based) supported by the information being withheld. ``(B) Information provided.--The agency head shall provide to the Assistant Secretary-- ``(i) the publicly releasable information required by subsection (a); ``(ii) to the maximum extent practicable, a summary description, suitable for public release, of the classified national security information; and ``(iii) a classified annex, under appropriate cover, containing the classified national security information that the agency head has determined must be withheld from public disclosure. ``(2) Additional disclosure.--The annex required under paragraph (1)(B)(iii) shall be provided to the congressional committees described in subsection (c)(1) but shall not be released to the public or provided to any unauthorized person through the website described in subsection (d) or any other means. ``(3) National security council consultation.--Prior to any public release of the inventory conducted under subsection (a), including submission of a report under subsection (c)(1) and the release of any information on the Internet under subsection (d), the Assistant Secretary and the Commission shall-- ``(A) make available to the National Security Council the information that the Assistant Secretary and the Commission plan to release to the public; ``(B) allow the National Security Council not fewer than 30 days to identify information that should not be released to the public because such release would threaten national security; and ``(C) not release to the public or provide to any unauthorized person through the website described in subsection (d) or any other means any information identified by the National Security Council under subparagraph (B). ``(f) Use of Agency Resources.--In conducting the inventory under subsection (a), the Assistant Secretary and the Commission shall first use NTIA and Commission resources, including existing databases, field testing, and recordkeeping systems, and only request information from Federal and non-Federal users if such information cannot be obtained using such resources.''. SEC. 3. VOLUNTARY INCENTIVE AUCTION REVENUE SHARING. (a) In General.--Section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended-- (1) in subparagraph (A), by striking ``(D), and (E),'' and inserting ``(D), (E), and (F),''; (2) in the first sentence of subparagraph (B), by inserting ``and except as provided in subparagraph (F)'' after ``subparagraph (A)''; (3) in subparagraph (C)(i), by inserting ``and subparagraph (F)'' after ``subparagraph (E)(ii)''; (4) in subparagraph (E)(ii), by inserting ``and except as provided in subparagraph (F)'' after ``Notwithstanding subparagraph (A)''; and (5) by adding at the end the following new subparagraph: ``(F) Voluntary incentive auction revenue sharing.-- ``(i) In general.--Subject to clause (iv), notwithstanding subparagraphs (A), (B), and (E), if the Commission determines that it is consistent with the public interest in utilization of the spectrum for a licensee to relinquish voluntarily some or all of its licensed spectrum usage rights in order to permit the assignment of new initial licenses or the allocation of spectrum for unlicensed use subject to new service rules, the proceeds from the use of a competitive bidding system under this subsection in granting such rights to another licensee shall be shared, in an amount or percentage that the Commission considers appropriate and that is more than de minimis, with the licensee who voluntarily relinquished such rights. ``(ii) Amounts not shared deposited in treasury.--In any case in which a licensee voluntarily relinquishes licensed spectrum usage rights under clause (i), the Commission shall deposit in the Treasury any portion of the proceeds described in such clause that the Commission does not share with the licensee. ``(iii) Treatment of deposits of successful bidders.--Notwithstanding subparagraph (C)(i), in the case of a person who has paid a deposit to bid in a system of competitive bidding used to grant spectrum usage rights voluntarily relinquished under clause (i) and who has been granted such rights under such system, the Commission may treat such deposit as proceeds under this subparagraph if the Commission considers it appropriate. ``(iv) Authority contingent on completion of broadband spectrum inventory.--The Commission shall have no authority to auction spectrum rights voluntarily relinquished in accordance with clause (i) until the Assistant Secretary of Commerce for Communications and Information and the Commission submit the initial report required by subsection (c)(1) of section 119 of the National Telecommunications and Information Administration Organization Act (relating to the inventory of broadband spectrum conducted under subsection (a) of such section) and make such inventory available on an Internet website (as required by subsection (d)(1) of such section).''. (b) Federal Communications Commission Action.--Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall establish rules for the implementation of voluntary incentive auction revenue sharing under subparagraph (F) of section 309(j)(8) of the Communications Act of 1934, as added by subsection (a)(5). (c) Prohibition on Federal Communications Commission Action.--The Federal Communications Commission may not reclaim frequencies of broadcast television licensees or any other licensees directly or indirectly on an involuntary basis under subparagraph (F) of section 309(j)(8) of the Communications Act of 1934, as added by subsection (a)(5). SEC. 4. EXTENSION OF FCC AUCTION AUTHORITY. Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking ``2012'' and inserting ``2020''.

Spectrum Inventory and Auction Act of 2011 - Amends the National Telecommunications and Information Administration Organization Act to require the Assistant Secretary for Communications and Information at the Department of Commerce and the Federal Communications Commission (FCC) to: (1) inventory, at least semiannually, each broadband radio spectrum band of frequencies listed in the U.S. Table of Frequency Allocations, including the identity of each federal or non-federal user within each radio service authorized to operate in each band of frequencies, the activities and capabilities (whether space-, air-, or ground-based) supported by transmitters and other radio frequency devices, the total amount of spectrum and geographic coverage areas assigned or licensed to each user, and other specified information; and (2) make the inventory available to the public on an Internet website. Directs the Assistant Secretary and the FCC to submit to Congress a biennial report containing a recommendation of which bands of inventoried frequencies, if any, should be reallocated or made available for shared access. Sets forth exceptions for federal agencies to withhold certain national security information. Amends the Communications Act of 1934 to provide that, if the FCC determines that it is consistent with the public interest in spectrum utilization (after a report of the initial inventory is submitted to Congress and made available on the Internet) for a licensee to voluntarily relinquish licensed spectrum usage rights to permit the assignment of new initial licenses or the allocation of spectrum for unlicensed use subject to new service rules, the proceeds from granting such rights to another licensee under an appropriate competitive bidding system must be shared, in a more than de minimis amount that the FCC considers appropriate, with the licensee who voluntarily relinquished such rights. Directs the FCC to establish rules for such voluntary incentive auction revenue sharing. Prohibits the FCC from reclaiming frequencies of any licensees on an involuntary basis for certain licensing purposes. Extends the FCC's authority to grant a license or permit under the applicable competitive bidding provisions to September 30, 2020.

To require the National Telecommunications and Information Administration and the Federal Communications Commission to conduct an inventory of broadband spectrum, to authorize the Commission, contingent on the completion of such inventory, to conduct auctions of voluntarily relinquished spectrum usage rights and to share the revenues with the licensees who relinquished such rights, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Reduce and End our Deficits Using Commonsense Eliminations in the Agriculture Program Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Termination of Federal commodity storage payments on behalf of cotton and peanut producers. Sec. 3. Termination of Forest Service Economic Action Program. Sec. 4. Termination of authority to provide grants to manufacturers of worsted wool fabrics. Sec. 5. Termination of Department of Agriculture health care services program for the Delta region. Sec. 6. Termination of authority to provide energy generation, transmission, and distribution facilities efficiency grants and loans in rural communities with extremely high energy costs. Sec. 7. Revised adjusted gross income limitations for receipt of direct payments, counter-cyclical payments, marketing loan gains, loan deficiency payments, and other agricultural payments or benefits. Sec. 8. Imposition of new limits on payments to producers of certain agricultural commodities. Sec. 9. One percent reduction in payment acres for commodity programs. Sec. 10. Reduction in funding for market access program. Sec. 11. Reduction in reimbursement rate paid to private insurance companies under crop insurance program. Sec. 12. Prohibition on timber sales in the Southwestern, Pacific Southwest, and Alaska regions of the National Forest System, where Federal expenditures for sales have been significantly higher than offsetting receipts. SEC. 2. TERMINATION OF FEDERAL COMMODITY STORAGE PAYMENTS ON BEHALF OF COTTON AND PEANUT PRODUCERS. (a) Cotton.--Section 1204 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8734) is amended by striking subsection (g). (b) Peanuts.--Section 1307(a) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8757(a)) is amended by striking paragraph (6). SEC. 3. TERMINATION OF FOREST SERVICE ECONOMIC ACTION PROGRAM. The Secretary of Agriculture shall terminate the Economic Action Program administered by the Forest Service, which provides technical and financial assistance to communities and groups to enhance rural economies through the utilization of forest and related natural resources. SEC. 4. TERMINATION OF AUTHORITY TO PROVIDE GRANTS TO MANUFACTURERS OF WORSTED WOOL FABRICS. Section 4002(c) of the Wool Suit and Textile Trade Extension Act of 2004 (Public Law 108-429; 7 U.S.C. 7101 note) is amended by striking paragraph (6). SEC. 5. TERMINATION OF DEPARTMENT OF AGRICULTURE HEALTH CARE SERVICES PROGRAM FOR THE DELTA REGION. Section 379G of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008u) is repealed. SEC. 6. TERMINATION OF AUTHORITY TO PROVIDE ENERGY GENERATION, TRANSMISSION, AND DISTRIBUTION FACILITIES EFFICIENCY GRANTS AND LOANS IN RURAL COMMUNITIES WITH EXTREMELY HIGH ENERGY COSTS. Section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a) is repealed. SEC. 7. REVISED ADJUSTED GROSS INCOME LIMITATIONS FOR RECEIPT OF DIRECT PAYMENTS, COUNTER-CYCLICAL PAYMENTS, MARKETING LOAN GAINS, LOAN DEFICIENCY PAYMENTS, AND OTHER AGRICULTURAL PAYMENTS OR BENEFITS. (a) Non-Farm Income Limitation for Commodity Programs.--Section 1001D(b)(1)(A) of the Food Security Act of 1985 (7 U.S.C. 1308- 3a(b)(1)(A)) is amended by striking ``$500,000'' and inserting ``the following: ``(i) $500,000, during the 2009 through 2010 crop, program, or fiscal years, as appropriate. ``(ii) $420,000, during the 2011 crop, program, or fiscal year, as appropriate. ``(iii) $340,000, during the 2012 crop, program, or fiscal year, as appropriate. ``(iv) $250,000, during the 2013 and subsequent crop, program, or fiscal years, as appropriate.''. (b) Farm Income Limitation for Direct Payments.--Section 1001D(b)(1)(B) of the Food Security Act of 1985 (7 U.S.C. 1308- 3a(b)(1)(B)) is amended by striking ``$750,000'' and inserting ``the following: ``(i) $750,000, during the 2009 through 2010 crop years. ``(ii) $670,000, during the 2011 crop year. ``(iii) $590,000, during the 2012 crop year. ``(iv) $500,000, during the 2013 and subsequent crop years.''. (c) Non-Farm Income Limitation for Conservation Programs.--Section 1001D(b)(2)(A) of the Food Security Act of 1985 (7 U.S.C. 1308- 3a(b)(2)(A)) is amended-- (1) in clause (i), by striking ``$1,000,000'' and inserting ``the amount specified in clause (iii)''; and (2) by adding at the end the following new clause: ``(iii) Declining limitation amounts.--For purposes of clause (i), the following average adjusted gross non-farm income limitations apply: ``(I) $1,000,000, during the 2009 through 2010 crop, program, or fiscal years, as appropriate. ``(II) $920,000, during the 2011 crop, program, or fiscal year, as appropriate. ``(III) $840,000, during the 2012 crop, program, or fiscal year, as appropriate. ``(IV) $750,000, during the 2013 and subsequent crop, program, or fiscal years, as appropriate.''. SEC. 8. IMPOSITION OF NEW LIMITS ON PAYMENTS TO PRODUCERS OF CERTAIN AGRICULTURAL COMMODITIES. (a) Covered Commodities Generally.-- (1) Direct payments.--Section 1001(b)(1)(A) of the Food Security Act of 1985 (7 U.S.C. 1308(b)(1)(A)) is amended by striking ``$40,000'' and inserting ``$20,000''. (2) Counter-cyclical payments.--Section 1001(b)(2) of the Food Security Act of 1985 (7 U.S.C. 1308(b)(2)) is amended by striking ``$65,000'' and inserting ``$32,500''. (3) ACRE and counter-cyclical payments.--Section 1001(b)(3)(A) of the Food Security Act of 1985 (7 U.S.C. 1308(b)(3)(A)) is amended by striking ``$65,000'' and inserting ``$32,500''. (b) Peanuts.-- (1) Direct payments.--Section 1001(c)(1)(A) of the Food Security Act of 1985 (7 U.S.C. 1308(c)(1)(A)) is amended by striking ``$40,000'' and inserting ``$20,000''. (2) Counter-cyclical payments.--Section 1001(c)(2) of the Food Security Act of 1985 (7 U.S.C. 1308(c)(2)) is amended by striking ``$65,000'' and inserting ``$32,500''. (3) ACRE and counter-cyclical payments.--Section 1001(c)(3)(A) of the Food Security Act of 1985 (7 U.S.C. 1308(c)(3)(A)) is amended by striking ``$65,000'' and inserting ``$32,500''. SEC. 9. ONE PERCENT REDUCTION IN PAYMENT ACRES FOR COMMODITY PROGRAMS. (a) Covered Commodities Generally.--Section 1001 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702) is amended by striking paragraph (11) and inserting the following new paragraph: ``(11) Payment acres.--The term `payment acres' means-- ``(A) in the case of direct payments-- ``(i) for each of the 2009 and 2010 crop years, 83.3 percent of the base acres for the covered commodity on a farm on which direct payments are made; ``(ii) for the 2011 crop year, 82.3 percent of the base acres for the covered commodity on a farm on which direct payments are made; and ``(iii) for the 2012 crop year, 84 percent of the base acres for the covered commodity on a farm on which direct payments are made; and ``(B) in the case of counter-cyclical payments-- ``(i) for each of the 2009 and 2010 crop years, 85 percent of the base acres for the covered commodity on a farm on which counter- cyclical payments are made; and ``(ii) for each of the 2011 and 2012 crop years, 84 percent of the base acres for the covered commodity on a farm on which counter- cyclical payments are made.''. (b) Peanuts.--Section 1301 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8751) is amended by striking paragraph (5) and inserting the following new paragraph: ``(5) Payment acres.--The term `payment acres' means-- ``(A) in the case of direct payments-- ``(i) for each of the 2009 and 2010 crop years, 83.3 percent of the base acres of peanuts on a farm on which direct payments are made; ``(ii) for the 2011 crop year, 82.3 percent of the base acres of peanuts on a farm on which direct payments are made; and ``(iii) for the 2012 crop year, 84 percent of the base acres of peanuts on a farm on which direct payments are made; and ``(B) in the case of counter-cyclical payments-- ``(i) for each of the 2009 and 2010 crop years, 85 percent of the base acres of peanuts on a farm on which counter-cyclical payments are made; and ``(ii) for each of the 2011 and 2012 crop years, 84 percent of the base acres of peanuts on a farm on which counter-cyclical payments are made.''. SEC. 10. REDUCTION IN FUNDING FOR MARKET ACCESS PROGRAM. Section 211(c)(1)(A) of the Agricultural Trade Act of 1978 (7 U.S.C. 5641(c)(1)(A)) is amended by striking ``and $200,000,000 for each of fiscal years 2008 through 2012'' and inserting ``$200,000,000 for each of fiscal years 2008 through 2010, and $160,000,000 for each of fiscal years 2011 and 2012''. SEC. 11. REDUCTION IN REIMBURSEMENT RATE PAID TO PRIVATE INSURANCE COMPANIES UNDER CROP INSURANCE PROGRAM. Section 508(k) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)) is amended-- (1) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following new clauses: ``(i) for the 1998 reinsurance year, 27 percent of the premium used to define loss ratio; ``(ii) for each of the 1999 through 2010 reinsurance years, 24.5 percent of the premium used to define loss ratio; and ``(iii) for each of the 2011 and subsequent reinsurance years, 20.9 percent of the premium used to define loss ratio.''; (2) by striking subparagraph (E); and (3) by redesignating subparagraph (F) as subparagraph (E), and in such subparagraph, by striking ``subparagraphs (A) through (E)'' and inserting ``subparagraphs (A) through (D)''. SEC. 12. PROHIBITION ON TIMBER SALES IN THE SOUTHWESTERN, PACIFIC SOUTHWEST, AND ALASKA REGIONS OF THE NATIONAL FOREST SYSTEM, WHERE FEDERAL EXPENDITURES FOR SALES HAVE BEEN SIGNIFICANTLY HIGHER THAN OFFSETTING RECEIPTS. The Secretary of Agriculture may not conduct, or authorize others to conduct, any timber sale under section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) in the Southwestern, Pacific Southwest, or Alaska region of the National Forest System, where Federal expenditures to support timber sales have been significantly higher than offsetting receipts, until the Secretary certifies to Congress that timber sales in the region will generate receipts at least equal to Federal expenditures to support the sales.

Reduce and End our Deficits Using Commonsense Eliminations in the Agriculture Program Act - Amends the Food, Conservation, and Energy Act of 2008 to terminate cotton and peanut storage payments. Directs the Secretary of Agriculture (USDA) to terminate the Forest Service's Economic Action Program. Amends the Wool Suit and Textile Trade Extension Act of 2004 to terminate the grant program for manufacturers of worsted wool fabrics. Amends the Consolidated Farm and Rural Development Act to terminate the Delta region health care services program. Amends the Rural Electrification Act of 1936 to terminate the grant and loan program for energy generation, transmission, and distribution facilities efficiency in rural communities with extremely high energy costs. Amends the Food Security Act of 1985 to revise income eligibility limitations for: (1) commodity program non-farm income; (2) direct payment farm income; and (3) conservation program non-farm income. Reduces crop year payment limits for covered commodity and peanut: (1) direct payments; (2) counter-cyclical payments; and (3) average crop revenue election (ACRE)/counter-cyclical payments. Amends the Food, Conservation, and Energy Act of 2008 to revise the definition of "payment acres" for covered commodity and peanut direct and counter-cyclical payments. Amends the Agricultural Trade Act of 1978 to reduce additional FY2011 and FY2012 funding for the market access program. Amends the Federal Crop Insurance Act to reduce the reimbursement rate beginning in FY2011 for private insurance providers under the crop insurance program. Prohibits the Secretary from conducting timber sales in the Southwestern, Pacific Southwest, or Alaska region of the National Forest System where federal expenditures to support timber sales have been significantly higher than offsetting receipts until the Secretary certifies to Congress that timber sales in the region will generate receipts at least equal to supporting federal expenditures.

To reduce deficits and government spending through the elimination of wasteful agriculture subsidies and programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Liability Protection Act''. SEC. 2. TEACHER LIABILITY PROTECTION. The Elementary and Secondary Education Act of 1965 (20 U.S.C 6301 et seq.) is amended by adding at the end the following: ``TITLE XV--TEACHER LIABILITY PROTECTION ``SEC. 15001. SHORT TITLE. ``This title may be cited as the `Teacher Liability Protection Act of 2001'. ``SEC. 15002. FINDINGS AND PURPOSE. ``(a) Findings.--Congress makes the following findings: ``(1) The ability of teachers, principals and other school professionals to teach, inspire and shape the intellect of our Nation's elementary and secondary school students is deterred and hindered by frivolous lawsuits and litigation. ``(2) Each year more and more teachers, principals and other school professionals face lawsuits for actions undertaken as part of their duties to provide millions of school children quality educational opportunities. ``(3) Too many teachers, principals and other school professionals face increasingly severe and random acts of violence in the classroom and in schools. ``(4) Providing teachers, principals and other school professionals a safe and secure environment is an important part of the effort to improve and expand educational opportunities. ``(5) Clarifying and limiting the liability of teachers, principals and other school professionals who undertake reasonable actions to maintain order, discipline and an appropriate educational environment is an appropriate subject of Federal legislation because-- ``(A) the scope of the problems created by the legitimate fears of teachers, principals and other school professionals about frivolous, arbitrary or capricious lawsuits against teachers is of national importance; and ``(B) millions of children and their families across the Nation depend on teachers, principals and other school professionals for the intellectual development of children. ``(b) Purpose.--The purpose of this title is to provide teachers, principals and other school professionals the tools they need to undertake reasonable actions to maintain order, discipline and an appropriate educational environment. ``SEC. 15003. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. ``(a) Preemption.--This title preempts the laws of any State to the extent that such laws are inconsistent with this title, except that this title shall not preempt any State law that provides additional protection from liability relating to teachers. ``(b) Election of State Regarding Nonapplicability.--This title shall not apply to any civil action in a State court against a teacher with respect to claims arising within that State if such State enacts a statute in accordance with State requirements for enacting legislation-- ``(1) citing the authority of this subsection; ``(2) declaring the election of such State that this title shall not apply, as of a date certain, to such civil action in the State; and ``(3) containing no other provisions. ``SEC. 15004. LIMITATION ON LIABILITY FOR TEACHERS. ``(a) Liability Protection for Teachers.--Except as provided in subsections (b) and (c), no teacher in a school shall be liable for harm caused by an act or omission of the teacher on behalf of the school if-- ``(1) the teacher was acting within the scope of the teacher's employment or responsibilities related to providing educational services; ``(2) the actions of the teacher were carried out in conformity with local, State, and Federal laws, rules and regulations in furtherance of efforts to control, discipline, expel, or suspend a student or maintain order or control in the classroom or school; ``(3) if appropriate or required, the teacher was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice in the State in which the harm occurred, where the activities were or practice was undertaken within the scope of the teacher's responsibilities; ``(4) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the teacher; and ``(5) the harm was not caused by the teacher operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or the owner of the vehicle, craft, or vessel to-- ``(A) possess an operator's license; or ``(B) maintain insurance. ``(b) Concerning Responsibility of Teachers to Schools and Governmental Entities.--Nothing in this section shall be construed to affect any civil action brought by any school or any governmental entity against any teacher of such school. ``(c) Exceptions to Teacher Liability Protection.--If the laws of a State limit teacher liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this section: ``(1) A State law that requires a school or governmental entity to adhere to risk management procedures, including mandatory training of teachers. ``(2) A State law that makes the school or governmental entity liable for the acts or omissions of its teachers to the same extent as an employer is liable for the acts or omissions of its employees. ``(3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law. ``(d) Limitation on Punitive Damages Based on the Actions of Teachers.-- ``(1) General rule.--Punitive damages may not be awarded against a teacher in an action brought for harm based on the action of a teacher acting within the scope of the teacher's responsibilities to a school or governmental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such teacher which constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed. ``(2) Construction.--Paragraph (1) does not create a cause of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law would further limit the award of punitive damages. ``(e) Exceptions to Limitations on Liability.-- ``(1) In general.--The limitations on the liability of a teacher under this title shall not apply to any misconduct that-- ``(A) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18, United States Code) for which the defendant has been convicted in any court; ``(B) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; ``(C) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or ``(D) where the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct. ``(2) Rule of construction.--Nothing in this subsection shall be construed to effect subsection (a)(3) or (d). ``SEC. 15005. LIABILITY FOR NONECONOMIC LOSS. ``(a) General Rule.--In any civil action against a teacher, based on an action of a teacher acting within the scope of the teacher's responsibilities to a school or governmental entity, the liability of the teacher for noneconomic loss shall be determined in accordance with subsection (b). ``(b) Amount of Liability.-- ``(1) In general.--Each defendant who is a teacher, shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable. The court shall render a separate judgment against each defendant in an amount determined pursuant to the preceding sentence. ``(2) Percentage of responsibility.--For purposes of determining the amount of noneconomic loss allocated to a defendant who is a teacher under this section, the trier of fact shall determine the percentage of responsibility of that defendant for the claimant's harm. ``SEC. 15006. DEFINITIONS. ``For purposes of this title: ``(1) Economic loss.--The term `economic loss' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. ``(2) Harm.--The term `harm' includes physical, nonphysical, economic, and noneconomic losses. ``(3) Noneconomic losses.--The term `noneconomic losses' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature. ``(4) School.--The term `school' means a public or private kindergarten, a public or private elementary school or secondary school (as defined in section 14101, or a home school. ``(5) State.--The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. ``(6) Teacher.--The term `teacher' means a teacher, instructor, principal, administrator, or other educational professional that works in a school, a local school board and any member of such board, and a local educational agency and any employee of such agency. ``SEC. 15007. EFFECTIVE DATE. ``(a) In General.--This title shall take effect 90 days after the date of the enactment of the Teacher Liability Protection Act. ``(b) Application.--This title applies to any claim for harm caused by an act or omission of a teacher if that claim is filed on or after the effective date of the Teacher Liability Protection Act, without regard to whether the harm that is the subject of the claim or the conduct that caused the harm occurred before such effective date.''.

Teacher Liability Protection Act - Teacher Liability Protection Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a new title XV, Teacher Liability Protection.Preempts State law except where it provides additional protection of teachers from liability. Makes this Act inapplicable to any civil action in State court against a teacher in which all parties are citizens of the State, if it enacts a statute electing that this Act not apply.Provides that no teacher in a school shall be liable, with specified exceptions, for harm caused by an act or omission on behalf of the school if the teacher was acting within the scope of employment or responsibilities relating to providing educational services. Limits punitive damages and liability for specified non-economic loss.

To provide safer schools and a better educational environment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Export Program Protection Act of 1993''. SEC. 2. AGRICULTURAL EXPORT PROGRAM PROTECTION. Title XV of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624) is amended by adding at the end the following new subtitle: ``Subtitle G--Agricultural Export Program Protection ``SEC. 1581. DEFINITIONS. ``As used in this subtitle: ``(1) Agricultural trade program.--The term `agricultural trade program' means an export promotion, export credit, export credit guarantee, export bonus, or other export or international food aid program carried out through, or administered by, the Commodity Credit Corporation, including such a program carried out under-- ``(A) the Agricultural Trade Act of 1978 (7 U.S.C. 5601 et seq.)-- ``(i) including the export enhancement program established by section 301 of such Act (7 U.S.C. 5651); but ``(ii) excluding the market promotion program established by section 203 of such Act (7 U.S.C. 5623); ``(B) the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.); ``(C) section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); or ``(D) section 5 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c). ``(2) Covered foreign commodity.--The term `covered foreign commodity' means wheat, feed grains, or soybeans produced in a foreign country that is imported into the customs territory of the United States. ``(3) Entry.--The term `entry' means the entry into, or the withdrawal from warehouse for consumption in, the customs territory of the United States. ``(4) Person.--The term `person' includes an exporter, an assignee, and a participant in an agricultural trade program. ``(5) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``(6) United states agricultural commodity.--The term `United States agricultural commodity' has the same meaning given the term in section 102(7) of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(7)). ``SEC. 1582. MONITORING OF DOMESTIC USES MADE OF CERTAIN FOREIGN COMMODITIES. ``(a) In General.-- ``(1) End-use certificate.--An end-use certificate that meets the requirements of subsection (b) shall be included in the documentation covering the entry of any covered foreign commodity. ``(2) Quarterly reports.--A consignee of a covered foreign commodity (including a secondary consignee of a covered foreign commodity and a consignee of a covered foreign commodity that has been commingled with a commodity produced in the United States) shall submit to the Secretary a quarterly report that certifies-- ``(A) what percentage of the covered foreign commodity that is subject to an end-use certificate was used by the consignee during the quarter; and ``(B)(i) that the covered foreign commodity referred to in paragraph (1) was used by the consignee for the purpose stated in the end-use certificate; or ``(ii) if ownership of the covered foreign commodity is transferred, the name and address and other information, as determined by the Secretary, of the entity (or consignee) to whom it is transferred. ``(b) End-Use Certificate and Quarterly Report Content.--The end- use certificates and quarterly reports required under subsection (a) shall be in such form, and require such information, as the Secretary considers necessary or appropriate to carry out this section. At a minimum, the Secretary shall require that end-use certificates and quarterly reports indicate-- ``(1) in the case of the end-use certificate-- ``(A) the name and address of the importer of record of the covered foreign commodity that is subject to the certificate; ``(B) the name and address of the consignee of the covered foreign commodity; ``(C) the identification of the country of origin of the covered foreign commodity; ``(D) a description by class and quantity of the covered foreign commodity; ``(E) the specification of the purpose for which the consignee will use the covered foreign commodity; and ``(F) the identification of the transporter of the covered foreign commodity from the port of entry to the processing facility of the consignee; and ``(2) in the case of the quarterly report-- ``(A) the information referred to in subparagraphs (A) and (B) of paragraph (1); ``(B) the identification of the end-use certificates currently held by the consignee; ``(C) a statement of the quantity of the covered foreign commodity that is the subject of each of the end-use certificates identified under subparagraph (B) that was used during the quarter; ``(D) a statement of the use made during the quarter by the consignee of each quantity referred to in subparagraph (C); ``(E) a statement of the quantity of the covered foreign commodity that was exported by the consignee during the quarter; ``(F) a statement of the quantity of the covered foreign commodity that was commingled with commodities produced in the United States and the disposition of the commingled commodities; and ``(G) a statement of the quantity of any covered foreign commodity that is transferred to a subsequent consignee, the name and address of the consignee, and the change in end-use. ``(c) Sales Price.--The Secretary may require the importer or the first consignee of a covered foreign commodity to report to the Secretary the sales price of a covered foreign commodity that is subject to an end-use certificate issued under this section if the Secretary considers the sales price necessary to facilitate enforcement of United States trade laws and international agreements. ``(d) Confidentiality.--In carrying out this section, the Secretary shall take such actions as are necessary to ensure the confidentiality and privacy of purchasers of covered foreign commodities. ``(e) Entry Prohibited Unless End-Use Certificate Presented.--The Commissioner of Customs may not permit the entry of a covered foreign commodity unless the importer of record presents at the time of entry of the covered foreign commodity an end-use certificate that complies with the applicable requirements of this section. ``(f) Penalties.-- ``(1) Customs penalties.--End-use certificates required under this section shall be treated as any other customs documentation for purposes of applying the customs laws that prohibit the entry, or the attempt to enter, merchandise by fraud, gross negligence, or negligence. ``(2) Civil penalties.--Any person who knowingly violates any requirement prescribed by the Secretary to carry out this section is punishable by a civil penalty in an amount not to exceed $10,000. ``(g) Regulations.--The Secretary shall prescribe such regulations as are necessary to carry out this section, including regulations regarding the preparation and submission of the quarterly reports required under subsection (a)(2). ``SEC. 1583. COMPLIANCE PROVISIONS. ``Subsections (b) and (c) of section 402 of the Agricultural Trade Act of 1978 (7 U.S.C. 5662) shall apply to the programs authorized under this subtitle. ``SEC. 1584. SUSPENSION OR DEBARMENT FOR USE OF FOREIGN AGRICULTURAL COMMODITIES IN CERTAIN AGRICULTURAL TRADE PROGRAMS. ``(a) Hearing.--The Commodity Credit Corporation shall provide a person with an opportunity for a hearing before suspending or debarring the person from participation in an agricultural trade program for using a foreign agricultural commodity in violation of the terms and conditions of the program. ``(b) Waiver.-- ``(1) In general.--The Commodity Credit Corporation may waive the suspension or debarment of a person from participation in an agricultural trade program for using a foreign agricultural commodity in violation of the terms and conditions of the program if the person demonstrates, to the satisfaction of the Corporation, that-- ``(A) the use of the foreign agricultural commodity was unintentional; and ``(B) the quantity of the foreign agricultural commodity used was less than 1 percent of the total quantity of the commodity involved in the transaction. ``(2) Other penalties.--Any waiver by the Commodity Credit Corporation of a suspension or debarment of a person under paragraph (1) shall not affect the liability of the person for any other penalty imposed under an agricultural trade program for the quantity of the foreign agricultural commodity involved.''. SEC. 3. EFFECTIVE DATE. This Act and the amendment made by this Act shall become effective 120 days after the date of enactment of this Act.

Agricultural Export Program Protection Act of 1993 - Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to require specified foreign agricultural commodities imported into the United States to carry an end-use certificate. Subjects a person using foreign agricultural commodities in a U.S. agricultural trade program to program suspension or debarment.

Agricultural Export Program Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Access to General Surgery Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the Bureau of Health Workforce, the United States faces a shortage of physicians. (2) A 2016 study entitled ``Supply and Demand of General Surgeons: Projections From 2014-2030'', prepared by the University of North Carolina at Chapel Hill for the American College of Surgeons, found that the supply of general surgeons will grow slightly by 2030 but will not keep up with overall growth in the United States population or demand for surgical services. (3) A 2017 report released by the Association of American Medical Colleges projects shortages of between 19,800 and 29,000 surgeons by 2030. (4) In order to accurately prepare for future physician workforce demands, comprehensive, impartial research and high quality data are needed to inform dynamic projections of physician workforce needs. (5) A variety of factors, including health outcomes, utilization trends, growing and aging populations, and delivery system changes, influence workforce needs and should be considered as part of flexible projections of workforce needs. (6) Given the particularly acute needs in many rural and other surgical workforce shortage areas, additional efforts to assess the adequacy of the current general surgeon workforce are necessary. SEC. 3. STUDY ON DESIGNATION OF GENERAL SURGERY SHORTAGE AREAS. 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 XIII--General Surgery Shortage Areas ``SEC. 340J. DESIGNATION OF GENERAL SURGERY SHORTAGE AREAS. ``(a) General Surgery Shortage Area Defined.--For purposes of this section, the term `general surgery shortage area' means, with respect to an urban, suburban or rural area in the United States, an area that has a population that is underserved by general surgeons. ``(b) Study and Report.-- ``(1) Study.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall conduct a study on the following matters relating to access by underserved populations to general surgeons: ``(A) Whether current shortage designations, such as the designation of health professional shortage areas under section 332, results in accurate assessments of the adequacy of local general surgeons to address the needs of underserved populations in urban, suburban, or rural areas. ``(B) Whether another measure of access to general surgeons by underserved populations, such as one based on general surgeons practicing within hospital service areas, would provide more accurate assessments of shortages in the availability of local general surgeons to meets the needs of those populations. ``(C) Potential methodologies for the designation of general surgery shortage areas, including the methodology described in paragraph (2). ``(2) Methodology for the designation of areas.--Among the methodologies considered under paragraph (1)(C) for the designation of general surgery shortage areas, the Secretary shall analyze the effectiveness and accuracy of the following methodology: ``(A) Development of surgery service areas.-- Development of surgery service areas through the identification of hospitals with surgery services and the identification of populations by zip code areas using Medicare patient origin data. ``(B) Identification of surgeons.--Identification of all actively practicing general surgeons. ``(C) Surgeon to population ratios.--Development of general surgeon-to-population ratios for each surgery service area. ``(D) Thresholds.--Determination of threshold general surgeon-to-population ratios for the number of general surgeons necessary to treat a population for each of the following levels: ``(i) Optimal supply of general surgeons. ``(ii) Adequate supply of general surgeons. ``(iii) Shortage of general surgeons. ``(iv) Critical shortage of general surgeons. ``(3) Report.--Not later than one year after the date of the enactment of this subpart, the Secretary shall submit to Congress a report on the study conducted under this subsection. ``(4) Consultation.--In conducting the study under paragraph (1), the Secretary shall consult with relevant stakeholders, including medical societies, organizations representing surgical facilities, organizations with expertise in general surgery, and organizations representing patients. ``(5) Publication of data.--The Secretary shall periodically collect and publish in the Federal Register-- ``(A) data comparing the availability and need of general surgery services in urban, suburban or rural areas in the United States; and ``(B) if the Secretary designates one or more general surgery shortage areas under subsection (c), a list of the areas so designated. ``(c) Designation of General Surgery Shortage Areas.-- ``(1) Methodology developed through regulation.--Not later than 12 months after the date of the submission of the report under subsection (b)(3), the Secretary may establish, through notice and comment rulemaking, a methodology for the designation of general surgery shortage areas under this section. ``(2) Requirements.--If the Secretary elects to develop methodology under paragraph (1), the following shall apply: ``(A) Using the methodology established under paragraph (1) and taking into consideration the data referred to in subsection (b)(5), the Secretary shall-- ``(i) designate general surgery shortage areas in the United States; ``(ii) publish a descriptive list of the areas; and ``(iii) review annually, and, as necessary, revise such designations. ``(B) The Secretary shall follow similar procedures with respect to notice to appropriate parties, opportunities for comment, dissemination of information, and reports to Congress in designating general surgery shortage areas under this section as those that apply to the designation of health professional shortage areas under section 332. ``(C) In designating general surgery shortage areas under this subsection, the Secretary shall consult with relevant stakeholders, including medical societies, organizations representing surgical facilities, organizations with expertise in general surgery, and organizations representing patients.''.

Ensuring Access to General Surgery Act of 2017 This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to study access by underserved populations to general surgeons, including: (1) whether the health professional shortage area designation under the National Health Service Corps program accurately assesses adequacy of access and whether another measure would be more accurate, and (2) potential methodologies for designating general surgery shortage areas. HHS must publish data comparing the availability and need of general surgery services in urban, suburban, and rural areas. HHS may establish a methodology for designating general surgery shortage areas and make such designations. HHS must publish a list of general surgery shortage areas.

Ensuring Access to General Surgery Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deceptive Practices and Voter Intimidation Prevention Act''. SEC. 2. DECEPTIVE PRACTICES IN ELECTIONS. (a) Civil Action.-- (1) In general.--Subsection (b) of section 2004 of the Revised Statutes (42 U.S.C. 1971(b)) is amended-- (A) by striking ``No person'' and inserting the following: ``(1) No person''; and (B) by inserting at the end the following new paragraph: ``(2) No person, whether acting under color of law or otherwise, shall knowingly deceive any other person regarding-- ``(A) the time, place, or manner of conducting a general, primary, run-off, or special election for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress; or ``(B) the qualifications for or restrictions on voter eligibility for any election described in subparagraph (A).''. (2) Private right of action.-- (A) In general.--Subsection (c) of section 2004 of the Revised Statutes (42 U.S.C. 1971(c)) is amended-- (i) by striking ``Whenever any person'' and inserting the following: ``(1) Whenever any person''; and (ii) by adding at the end the following new paragraph: ``(2) Any person aggrieved by a violation of subsection (b)(2) may institute a civil action or other proper proceeding for preventive relief, including an application in a United States district court for a permanent or temporary injunction, restraining order, or other order.''. (B) Conforming amendments.-- (i) Subsection (e) of section 2004 of the Revised Statutes (42 U.S.C. 1971(e)) is amended by striking ``subsection (c)'' and inserting ``subsection (c)(1)''. (ii) Subsection (g) of section 2004 of the Revised Statutes (42 U.S.C. 1971(g)) is amended by striking ``subsection (c)'' and inserting ``subsection (c)(1)''. (b) Criminal Penalty.--Section 594 of title 18, United States Code, is amended-- (1) by striking ``Whoever'' and inserting the following: ``(a) Intimidation.--Whoever''; and (2) by adding at the end the following: ``(b) Deceptive Acts.-- ``(1) Prohibition.-- ``(A) In general.--It shall be unlawful for any person to knowingly deceive another person regarding the time, place, or manner of an election described in subparagraph (B), or the qualifications for or restrictions on voter eligibility for any such election, with the intent to prevent such person from exercising the right to vote in such election. ``(B) Election.--An election described in this subparagraph is any general, primary, run-off, or special election for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress. ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned not more than 1 year, or both.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. REPORTING FALSE ELECTION INFORMATION. (a) In General.--Any person may report to the Assistant Attorney General of the Civil Rights Division of the Department of Justice, or the designee of such Assistant Attorney General, any act of deception regarding-- (1) the time, place, or manner of conducting a general, primary, run-off, or special election for Federal office; or (2) the qualifications for or restrictions on voter eligibility for any general, primary, run-off, or special election for Federal office. (b) Corrective Action.-- (1) In general.--Except as provided in paragraph (2), not later than 48 hours after receiving a report under subsection (a), the Assistant Attorney General shall investigate such report and, if the Assistant Attorney General determines that an act of deception described in subsection (a) occurred, shall-- (A) undertake all effective measures necessary to provide correct information to voters affected by the deception, and (B) refer the matter to the appropriate Federal and State authorities for criminal prosecution. (2) Reports within 72 hours of an election.--If a report under subsection (a) is received within 72 hours before the election described in such subsection, the Assistant Attorney General shall immediately investigate such report and, if the Assistant Attorney General determines that an act of deception described in subsection (a) occurred, shall immediately undertake all effective measures necessary to provide correct information to voters affected by the deception and shall immediately refer the matter to the appropriate Federal and State authorities for criminal prosecution. (3) Regulations.-- (A) In general.--The Attorney General shall promulgate regulations regarding the methods and means of corrective actions to be taken under paragraphs (1) and (2). Such regulations shall be developed in consultation with the Election Assistance Commission, civil rights organizations, voting rights groups, State election officials, voter protection groups, and other interested community organizations. (B) Study.-- (i) In general.--The Attorney General, in consultation with the Federal Communications Commission and the Election Assistance Commission, shall conduct a study on the feasibility of providing the corrective information under paragraphs (1) and (2) through public service announcements, the emergency alert system, or other forms of public broadcast. (ii) Report.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report detailing the results of the study conducted under clause (i). (c) Reports to Congress.-- (1) In general.--Not later than 90 days after any primary, general, or run-off election for Federal office, the Attorney General shall submit to the appropriate committees of Congress a report compiling and detailing any allegations of deceptive practices submitted pursuant to subsection (a) and relating to such election. (2) Contents.-- (A) In general.--Each report submitted under paragraph (1) shall include-- (i) detailed information on specific allegations of deceptive tactics; (ii) any corrective actions taken in response to such allegations; (iii) the effectiveness of any such corrective actions; (iv) any suit instituted under section 2004(b)(2) of the Revised Statutes (42 U.S.C. 1971(b)(2)) in connection with such allegations; (v) statistical compilations of how many allegations were made and of what type; (vi) the geographic locations of and the populations affected by the alleged deceptive information; and (vii) the status of the investigations of such allegations. (B) Exception.--The Attorney General may withhold any information that the Attorney General determines would unduly interfere with an on-going investigation. (3) Report made public.--The Attorney General shall make the report required under paragraph (1) publicly available through the Internet and other appropriate means. (d) Federal Office.--For purposes of this section, the term ``Federal office'' means the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this section.

Deceptive Practices and Voter Intimidation Prevention Act of 2012 - Amends the Revised Statutes and federal criminal law to prohibit any person, whether acting under color of law or otherwise, from knowingly deceiving any other person regarding: (1) the time, place, or manner of conducting any federal election; or (2) the qualifications for or restrictions on voter eligibility for any such election. Creates a private right of action for any person aggrieved by a violation of such prohibition. Prescribes a criminal penalty for such deceptive acts. Authorizes any person to report to the Assistant Attorney General of the Civil Rights Division of the Department of Justice certain acts of deception involving federal elections. Requires the Assistant Attorney General, within 48 hours after receiving such a report, to investigate it and, if an act of deception occurred, to: (1) undertake all effective measures necessary to provide correct information to voters affected by the deception, and (2) refer the matter to the appropriate federal and state authorities for criminal prosecution. Directs the Attorney General to study the feasibility of providing such corrective information through public service announcements, the emergency alert system, or other forms of public broadcast.

To prohibit deceptive practices in Federal elections.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat and Poultry Products Traceability and Safety Act of 2006''. SEC. 2. TRACEABILITY OF LIVESTOCK AND POULTRY. (a) Livestock.--Title I of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 25. TRACEABILITY OF LIVESTOCK, MEAT, AND MEAT PRODUCTS. ``(a) Definition of Traceability.--In this section, the term `traceability' means the ability to retrieve the history, use, and location of an article through a recordkeeping and audit system or registered identification. ``(b) Requirements.-- ``(1) In general.--Amenable species presented for slaughter for human food purposes, and the carcasses or parts of carcasses and the meat and meat food products of those species, shipped in interstate commerce shall be identified in a manner that enables the Secretary to trace-- ``(A) each animal or group of animals of the amenable species (as determined by the Secretary to be appropriate for each amenable species) to any premises or other location at which the animal was held at any time before slaughter; and ``(B) each carcass or part of a carcass and meat and meat food product of the amenable species forward from slaughter through processing and distribution to the ultimate consumer. ``(2) Traceability system.--The Secretary shall establish a traceability system for all stages of production, processing, and distribution of meat and meat food products that are produced through the slaughter of amenable species described in paragraph (1). ``(c) Prohibition or Restriction on Entry.--The Secretary may prohibit or restrict entry into any slaughtering establishment inspected under this Act of any amenable species not identified as prescribed by the Secretary under subsection (b). ``(d) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify an amenable species under subsection (b) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the amenable species. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(e) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any premises at which any amenable species or carcasses of amenable species were held. ``(f) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the premises at which any amenable species or carcasses of amenable species were held. ``(g) Relation to Country of Origin Labeling.--Nothing in this section prevents or interferes with implementation of the country of origin labeling requirements of subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.).''. (b) Poultry.--The Poultry Products Inspection Act is amended by inserting after section 23 (21 U.S.C. 467e) the following: ``SEC. 23A. TRACEABILITY OF POULTRY AND POULTRY PRODUCTS. ``(a) Definition of Traceability.--In this section, the term `traceability' means the ability to retrieve the history, use, and location of an article through a recordkeeping and audit system or registered identification. ``(b) Requirements.-- ``(1) In general.--Poultry presented for slaughter for human food purposes and poultry products shipped in interstate commerce shall be identified in a manner that enables the Secretary to trace-- ``(A) each poultry or group of poultry (as determined by the Secretary to be appropriate) to any premises or other location at which the poultry was held at any time before slaughter; and ``(B) each poultry product forward from slaughter through processing and distribution to the ultimate consumer. ``(2) Traceability system.--The Secretary shall establish a traceability system for all stages of production, processing, and distribution of poultry and poultry food products that are produced through the slaughter of poultry described in paragraph (1). ``(c) Prohibition or Restriction on Entry.--The Secretary may prohibit or restrict entry into any slaughtering establishment inspected under this Act of any poultry not identified as prescribed by the Secretary. ``(d) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify poultry under subsection (b) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the poultry. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(e) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any premises at which any poultry or carcasses of poultry were held. ``(f) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the premises at which any poultry or carcasses of poultry were held. ``(g) Relation to Country of Origin Labeling.--Nothing in this section prevents or interferes with implementation of the country of origin labeling requirements of subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.).''. SEC. 3. TECHNICAL CORRECTIONS. (a) In General.--The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended-- (1) by striking ``cattle, sheep, swine, goats, horses, mules, or other equines'' each place it appears and inserting ``amenable species''; (2) by striking ``cattle, sheep, swine, or goats'' each place it appears and inserting ``amenable species''; (3) by striking ``cattle, sheep, swine, and goats'' each place it appears and inserting ``amenable species''; (4) by striking ``cattle, sheep, swine, goats, or equines'' each place it appears and inserting ``amenable species''; (5) by striking ``cattle, sheep, swine, goat, or equine'' each place it appears and inserting ``amenable species''; and (6) by striking ``cattle, sheep, swine, goat, or other equine'' each place it appears and inserting ``amenable species''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the day after the effective date of section 794 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006.

Meat and Poultry Products Traceability and Safety Act of 2006 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to direct that amenable species presented for slaughter for human consumption, and the carcasses or parts of carcasses and the meat and food products of those animals, shipped in interstate commerce be identified in a manner that enables the Secretary of Agriculture to trace: (1) each animal or group of animals to any location at which the animal was held at any time before slaughter; and (2) each carcass or part of a carcass and food product forward from slaughter through processing and distribution to the ultimate consumer. Authorizes the Secretary to: (1) prohibit or restrict entry to a slaughtering establishment of an animal not so identified; and (2) require that each person, firm, or corporation required to identify livestock maintain accurate records. Directs the Secretary to establish a traceability system for all stages of production, processing, and distribution of meat and meat food products and poultry and poultry food products.

A bill to amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to improve the safety of meat and poultry products by enhancing the ability of the Secretary of Agriculture to retrieve the history, use, and location of a meat or poultry product through a record-keeping and audit system or registered identification, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Access to Women's Health Care Act of 1997''. (b) Findings.--Congress finds the following: (1) Women's health historically has received little attention. (2) A majority of women view their obstetrician- gynecologist as their primary or sole physician. (3) An obstetrician-gynecologist improves the access to the health care of a woman by providing primary and preventive health care throughout the women's lifetime, encompassing care of the whole patient in addition to focusing on the processes of the female reproductive system. (4) 60 percent of all office visits to obstetrician- gynecologists are for preventive care. (5) Obstetrician-gynecologists refer their patients to other physicians less frequently than other primary care providers, thus avoiding costly and time-consuming referrals. (6) Obstetrician-gynecologists manage the health of women beyond the reproductive system, and are uniquely qualified on the basis of education and experience to provide basic health care services to women. (7) While more than 20 States have acted to promote residents' access to obstetrician-gynecologists, patients in other States or in Federally-governed health plans are not protected from access restrictions or limitations. SEC. 2. ASSURING ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES UNDER GROUP HEALTH PLANS AND GROUP AND INDIVIDUAL HEALTH INSURANCE COVERAGE. (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 ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. ``(a) In General.--If a group health plan or health insurance issuer, in the provision of health insurance coverage in connection with a group health plan, requires or provides for an enrollee to designate a participating primary care provider-- ``(1) the plan or issuer shall permit a female enrollee to designate an obstetrician-gynecologist who has agreed to be designated as such, as the enrollee's primary care provider; and ``(2) if such an enrollee has not designated such a provider as a primary care provider, the plan or issuer-- ``(A) may not require prior authorization by the enrollee's primary care provider or otherwise for coverage of obstetric and gynecologic care provided by a participating obstetrician-gynecologist, or a participating health care professional practicing in collaboration with the obstetrician-gynecologist and in accordance with State law, to the extent such care is otherwise covered, and ``(B) shall treat the ordering of other gynecologic care by such a participating physician as the prior authorization of the primary care provider with respect to such care under the coverage. ``(b) Construction.--Nothing in subsection (a)(2)(B) shall waive any requirements of coverage relating to medical necessity or appropriateness with respect to coverage of gynecologic care so ordered. ``(c) 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; or ``(3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to an individual participant or beneficiary in accordance with this section. ``(d) 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. ``(e) 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. ``(f) Non-Preemption of More Protective State Law With Respect to Health Insurance Issuers.--Notwithstanding section 2723(a)(1) but subject to section 2723(a)(2), this section shall not be construed to supersede any provision of State law which establishes, implements, or continues in effect any standard or requirement solely relating to health insurance issuers in connection with group health insurance coverage that provides greater protections to enrollees than the protections provided under this section.''. (B) Section 2723 of such Act (42 U.S.C. 300gg-23) is amended-- (i) in subsection (a), by inserting ``and section 2706(f)'' after ``Subject to paragraph (2)'', and (ii) in subsection (c), as amended by section 604(b)(2) of Public Law 104-204, 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 ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. ``(a) In General.--If a group health plan or health insurance issuer, in the provision of health insurance coverage in connection with a group health plan, requires or provides for an enrollee to designate a participating primary care provider-- ``(1) the plan or issuer shall permit a female enrollee to designate an obstetrician-gynecologist who has agreed to be designated as such, as the enrollee's primary care provider; and ``(2) if such an enrollee has not designated such a provider as a primary care provider, the plan or issuer-- ``(A) may not require prior authorization by the enrollee's primary care provider or otherwise for coverage of obstetric and gynecologic care provided by a participating obstetrician-gynecologist, or a participating health care professional practicing in collaboration with the obstetrician-gynecologist and in accordance with State law, to the extent such care is otherwise covered, and ``(B) shall treat the ordering of other gynecologic care by such a participating physician as the prior authorization of the primary care provider with respect to such care under the coverage. ``(b) Construction.--Nothing in subsection (a)(2)(B) shall waive any requirements of coverage relating to medical necessity or appropriateness with respect to coverage of gynecologic care so ordered. ``(c) 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; or ``(3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to an individual participant or beneficiary in accordance with this section. ``(d) Notice.--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. ``(e) 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. ``(f) Non-Preemption of More Protective State Law With Respect to Health Insurance Issuers.--Notwithstanding section 731(a)(1) but subject to section 731(a)(2), this section shall not be construed to supersede any provision of State law which establishes, implements, or continues in effect any standard or requirement solely relating to health insurance issuers in connection with group health insurance coverage that provides greater protections to enrollees than the protections provided under this section.''. (B) Section 731 of such Act (29 U.S.C. 1191) is amended-- (i) in subsection (a), by inserting ``and section 713(f)'' after ``subject to paragraph (2)'', and (ii) in subsection (c), 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 access to obstetrical and gynecological services.''. (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 ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. ``(a) In General.--The provisions of section 2706 (other than subsection (d)) 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(d) 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) Non-Preemption of More Protective State Law With Respect to Health Insurance Issuers.--Notwithstanding section 2762(a) but subject to section 2762(b)(1), this section shall not be construed to supersede any provision of State law which establishes, implements, or continues in effect any standard or requirement solely relating to health insurance issuers in connection with group health insurance coverage that provides greater protections to enrollees than the protections provided under this section.''. (2) Section 2762 of such Act (42 U.S.C. 300gg-62) is amended-- (A) in subsection (a), by inserting ``and section 2752(c)'' after ``Subject to subsection (b)'', and (B) in subsection (b)(2), as added by section 605(b)(3)(B) of Public Law 104-204, by striking ``section 2751'' and inserting ``sections 2751 and 2752''. (c) Effective Dates.--(1) Subject to paragraph (3), 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. (3) In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 1998. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement.

Access to Women's Health Care Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to establish standards requiring that group and individual health insurance coverage and group health plans provide adequate access to services provided by obstetrician-gynecologists.

Access to Women's Health Care Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enterprise Integration Act of 2002''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Over 90 percent of United States companies engaged in manufacturing are small- and medium-sized businesses. (2) Most of these manufacturers produce goods for assemblage into products of large companies. (3) The emergence of the World Wide Web and the promulgation of international standards for product data exchange greatly accelerated the movement toward electronically integrated supply chains during the last half of the 1990's. (4) European and Asian countries are investing heavily in electronic enterprise standards development, and in preparing their smaller manufacturers to do business in the new environment. European efforts are well advanced in the aerospace, automotive, and shipbuilding industries and are beginning in other industries including home building, furniture manufacturing, textiles, and apparel. This investment could give overseas companies a major competitive advantage. (5) The National Institute of Standards and Technology, because of the electronic commerce expertise in its laboratories and quality program, its long history of working cooperatively with manufacturers, and the nationwide reach of its manufacturing extension program, is in a unique position to help United States large and smaller manufacturers alike in their responses to this challenge. (6) It is, therefore, in the national interest for the National Institute of Standards and Technology to accelerate its efforts in helping industry develop standards and enterprise integration processes that are necessary to increase efficiency and lower costs. SEC. 3. ENTERPRISE INTEGRATION INITIATIVE. (a) Establishment.--The Director shall establish an initiative for advancing enterprise integration within the United States. In carrying out this section, the Director shall involve, as appropriate, the various units of the National Institute of Standards and Technology, including the National Institute of Standards and Technology laboratories (including the Building and Fire Research Laboratory), the Manufacturing Extension Partnership program established under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l), and the Malcolm Baldrige National Quality Program. This initiative shall build upon ongoing efforts of the National Institute of Standards and Technology and of the private sector, shall involve consortia that include government and industry, and shall address the enterprise integration needs of each United States major manufacturing industry at the earliest possible date. (b) Assessment.--For each major manufacturing industry, the Director may work with industry, trade associations, professional societies, and others as appropriate, to identify enterprise integration standardization and implementation activities underway in the United States and abroad that affect that industry and to assess the current state of enterprise integration within that industry. The Director may assist in the development of roadmaps to permit supply chains within the industry to operate as an integrated electronic enterprise. The roadmaps shall be based on voluntary consensus standards. (c) Reports.--Within 180 days after the date of the enactment of this Act, and annually thereafter, the Director shall submit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the National Institute of Standards and Technology's activities under subsection (b). (d) Authorized Activities.--In order to carry out this Act, the Director may work with industry, trade associations, professional societies, and others as appropriate-- (1) to raise awareness in the United States, including awareness by businesses that are majority owned by women, minorities, or both, of enterprise integration activities in the United States and abroad, including by the convening of conferences; (2) on the development of enterprise integration roadmaps; (3) to support the development, testing, promulgation, integration, adoption, and upgrading of standards related to enterprise integration including application protocols; and (4) to provide technical assistance and, if necessary, financial support to small- and medium-sized businesses that set up pilot projects in enterprise integration. (e) Manufacturing Extension Program.--The Director shall ensure that the Manufacturing Extension Program is prepared to advise small- and medium-sized businesses on how to acquire the expertise, equipment, and training necessary to participate fully in supply chains using enterprise integration. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``automotive'' means land-based engine-powered vehicles including automobiles, trucks, busses, trains, defense vehicles, farm equipment, and motorcycles; (2) the term ``Director'' means the Director of the National Institute of Standards and Technology; (3) the term ``enterprise integration'' means the electronic linkage of manufacturers, assemblers, suppliers, and customers to enable the electronic exchange of product, manufacturing, and other business data among all partners in a product supply chain, and such term includes related application protocols and other related standards; (4) the term ``major manufacturing industry'' includes the aerospace, automotive, electronics, shipbuilding, construction, home building, furniture, textile, and apparel industries and such other industries as the Director designates; and (5) the term ``roadmap'' means an assessment of manufacturing interoperability requirements developed by an industry describing that industry's goals related to enterprise integration, the knowledge and standards including application protocols necessary to achieve those goals, and the necessary steps, timetable, and assignment of responsibilities for acquiring the knowledge and developing the standards and protocols. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director to carry out functions under this Act-- (1) $2,000,000 for fiscal year 2002; (2) $10,000,000 for fiscal year 2003; (3) $15,000,000 for fiscal year 2004; and (4) $20,000,000 for fiscal year 2005. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Enterprise Integration Act of 2002 - Requires the Director of the National Institute of Standards and Technology (NIST) to establish an initiative for advancing enterprise integration within the United States which shall: (1) involve the various units of NIST, including NIST laboratories, the Manufacturing Extension Partnership program, and the Malcolm Baldrige National Quality Program, and consortia that include government and industry; (2) build upon ongoing efforts of NIST and the private sector; and (3) address the enterprise integration needs of each major U.S. manufacturing industry at the earliest possible date.Authorizes the Director, with respect to each major manufacturing industry, to: (1) work with industry, trade associations, and professional societies to identify all enterprise standardization and implementation activities underway and to assess the current state of enterprise integration; and (2) assist in the development of roadmaps (to be based on voluntary consensus standards) to permit supply chains to operate as an integrated electronic enterprise. Requires the Director to submit annual reports to specified congressional committees on such activities.Authorizes the Director to work with industry, trade associations, and professional societies: (1) to raise awareness, including that by businesses that are majority owned by women and/or minorities, of enterprise integration activities; (2) on the development of enterprise integration roadmaps; (3) to support the development, testing, promulgation, integration, adoption, and upgrading of enterprise integration standards; and (4) to provide technical assistance and financial support to small and medium-sized businesses that set up enterprise integration pilot projects.Requires the Director to ensure that the Manufacturing Extension Program is prepared to advise small and medium-sized businesses on how to acquire the expertise, equipment, and training necessary to participate fully in supply chains using enterprise integration.Authorizes appropriations.

To authorize the National Institute of Standards and Technology to work with major manufacturing industries on an initiative of standards development and implementation for electronic enterprise integration.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerating the Creation of Teachers of Influence for Our Nation Act''. SEC. 2. SCHOLARSHIP PROGRAM. (a) Establishment.--The National Science Foundation shall establish a program to provide scholarships to students in science, engineering, or mathematics programs with certification for elementary or secondary teaching. (b) Amount of Scholarship.--A scholarship award under this section shall be an amount sufficient to cover the cost of tuition, room and board, and fees at the institution of higher education the student is attending, not to exceed $20,000 per year. (c) Selection Criteria.--Scholarships shall be awarded under this section on the basis of merit, with consideration given to financial need and the goal of providing support to members of underrepresented groups within the meaning of the Science and Engineering Equal Opportunities Act. (d) Limitation.--A student may not receive scholarships under this section for more than 5 years of undergraduate study. (e) Probation.--A student that has received scholarship support under this section for a year who receives a grade of D or fails a course during that year shall be notified by the National Science Foundation that the student is being placed on probation. (f) Termination.--A student that has received scholarship support under this section for a year who fails a course during that year, after having been placed on probation under subsection (e), shall forfeit the scholarship, and all scholarship amounts received by that student under this section shall be treated as a student loan as provided in subsection (h). (g) Service Obligation.-- (1) In general.--Except as provided in paragraph (2) or subsection (i), not later than 6 years after graduation from a program for which a student has received scholarship assistance under this section-- (A) if the student has received 3 or more years of such assistance, the student shall complete 5 years of service as an elementary or secondary science or mathematics teacher; and (B) if the student has received fewer than 3 years of such assistance, the student shall complete 3 years of service as an elementary or secondary science or mathematics teacher. (2) Special service.--If all service under this subsection is performed at a school eligible for assistance under section 1114 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314), the length of the obligation under paragraph (1)(A) or (B) shall be reduced by 1 year. (h) Forfeiture of Scholarship.-- (1) Consequences.--A student who forfeits a scholarship provided under this section shall be liable to the United States for repayment of the full amount of scholarship assistance received, in accordance with paragraph (3). (2) Grounds for forfeiture.--A student forfeits a scholarship provided under this section if the student-- (A) withdraws from the degree program for which the scholarship was awarded without transfer to a comparable program within the scope of this Act, or in a comparable program within the scope of this Act at another institution of higher education; (B) fails 2 classes as described in subsections (e) and (f); (C) declares that the service obligation under subsection (g) will not be fulfilled; or (D) fails to fulfill the service obligation under subsection (g). (3) Repayment.-- (A) In general.--Except as provided in subparagraph (B), in the case of forfeiture, repayment shall be required for the full amount of scholarship assistance received by the student plus the interest on such amounts that would be payable if at the time the amounts were received they were a loan bearing interest at the prevailing rate for student loans. (B) Partial failure to meet service obligation.--In the case of a forfeiture on grounds described in paragraph (2)(C) or (D)-- (i) if the student received 3 or more years of scholarship assistance under this section, repayment shall be required for the amount of assistance received reduced by \1/5\ of the total amount for each year of service obligation completed, plus the interest on such reduced amounts that would be payable if at the time the amounts were received they were a loan bearing interest at the prevailing rate for student loans; and (ii) if the student received fewer than 3 years of scholarship assistance under this section, repayment shall be required for the amount of assistance received reduced by \1/3\ of the total amount for each year of service obligation completed, plus the interest on such reduced amounts that would be payable if at the time the amounts were received they were a loan bearing interest at the prevailing rate for student loans. (C) Waiver.--The Director of the National Science Foundation may provide a partial or complete waiver of the requirement under this paragraph if a student will suffer extreme hardship, if compliance is impossible, or if requiring repayment would be unconscionable. (i) Master's Degree Option.-- (1) Availability.--A student who has received 1 or more years of scholarship assistance under this section may apply for additional scholarship assistance for up to 2 years in a Master's program in science, technology, engineering, or mathematics. (2) Service obligation.--For each year of scholarship assistance received under paragraph (1), a student's service obligation under subsection (g) shall increase by 1 year. If all service under this paragraph and subsection (g) combined is performed at a school eligible for assistance under section 1114 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314), the length of the obligation under this paragraph shall be reduced by 1 year. (j) Scholarship Trust Fund.--There shall be established in the Treasury of the United States a trust fund, into which shall be deposited all gifts and donations received by the National Science Foundation in support of the program under this section. Amounts in the trust fund may be used, to the extent provided in appropriations Acts, for carrying out this section. (k) Authorization of Appropriations.--There are authorized to be appropriated to the National Science Foundation for carrying out this section-- (1) $200,000,000 for fiscal year 2007; (2) $400,000,000 for fiscal year 2008; (3) $600,000,000 for fiscal year 2009; (4) $800,000,000 for fiscal year 2010; and (5) $1,000,000,000 for fiscal year 2011. SEC. 3. UNIVERSITY GRANTS. (a) Establishment of Program.--The Director of the National Science Foundation shall establish a program to award annual grants of $1,000,000 to institutions of higher education (or a consortia of such institutions) to develop and implement programs that will provide all of the following: (1) Undergraduate science, mathematics, and engineering degrees. (2) Elementary or secondary teacher certification. (3) Professional development and mentoring activities. (b) Selection Criteria.--The Director shall annually award grants under this section on a competitive basis. The Director shall seek to achieve a balanced distribution of awards on the basis of geographic location and the size of the institutions of higher education. In weighing the merits of grant proposals, the Director shall consider-- (1) the ability of the applicant to carry out the proposed program; (2) the size and quality of education and science, technology, engineering, and mathematics faculty, and postdoctoral fellows in those departments; (3) the degree to which the proposed program will enable students to become and remain successful elementary and secondary mathematics and science teachers; and (4) the ability of the applicant to recruit students who would otherwise not pursue a career in teaching. (c) Preference.--The Director shall give preference to applicants whose proposals include-- (1) curriculum based on cognitive psychology and the science of how students learn; (2) structured mentoring program with a highly qualified teacher in the field of the student; (3) summer internships with researchers in the science, mathematics, or engineering field of the student; (4) mentored classroom teaching experience; (5) use of educational technology with instruction included within the curriculum; (6) practical courses in the teaching of science and mathematics; (7) partnerships with private sector entities that include-- (A) financial or in-kind contributions to the financing of the internships; (B) mentoring activities; (C) professional development programs including professional meetings; and (D) collaboration with local schools, education groups, youth organizations, museums, and libraries; (8) partnerships with other institutions of higher education to facilitate the sharing of faculty and implementation of mentoring activities; and (9) mechanisms to recruit underrepresented groups into the program. (d) Matching Funds.--An institution of higher education may only receive a grant under this section if it will provide at least $200,000 during the fiscal year for which the grant is awarded toward the development and implementation of the program for which the grant is awarded. (e) Limitation.--An institution of higher education may not receive more than 3 annual grants under this section. (f) Monitoring.--The Director shall monitor the success of the each program receiving assistance under this section to determine eligibility for competitive renewal, including site visits when necessary. (g) Authorization of Appropriations.--There are authorized to be appropriated to the National Science Foundation-- (1) $500,000,000 for fiscal year 2007; (2) $600,000,000 for fiscal year 2008; (3) $700,000,000 for fiscal year 2009; (4) $900,000,000 for fiscal year 2010; and (5) $1,000,000,000 for fiscal year 2011.

Accelerating the Creation of Teachers of Influence for Our Nation Act - Directs the National Science Foundation (NSF) to establish a program providing competitive scholarships to undergraduate students who study science, engineering, or mathematics and earn their elementary or secondary teaching certificate. Requires such students to serve as elementary or secondary school science or mathematics teachers for five years, if they have received at least three years of assistance, and three years, if the assistance was of shorter duration. Subtracts one year from such service requirements if the student teaches at a school serving a high proportion of disadvantaged students. Allows students who have received at least one year of assistance to apply for up to two years of additional assistance in a science, technology, engineering, or mathematics Master's degree program. Increases the teaching service obligation by one year for each additional year of assistance. Establishes a government trust fund for donations to the NSF scholarship program. Requires the NSF Director to establish a program awarding competitive annual $1 million grants to institutions of higher education for the development and implementation of programs providing: (1) undergraduate science, mathematics, and engineering degrees; (2) elementary or secondary teacher certification; and (3) professional development and mentoring activities. Requires recipients to kick in an additional $200,000 for the grants. Includes within a list of factors winning preference for applicants, proposals to: (1) provide students with summer internships with researchers in their field; and (2) enter into partnerships with private sector entities and other institutions of higher education.

To provide for the establishment of a program at the National Science Foundation to increase up to 10,000 per year the number of elementary and secondary science and mathematics teachers through a scholarship program encouraging students to obtain science, technology, engineering, and mathematics degrees with teacher certification, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Access to COBRA Act of 2011''. SEC. 2. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986. (a) Qualified Beneficiary.--Section 4980B(g)(1)(A) of the Internal Revenue Code of 1986 is amended-- (1) in clause (i), by striking ``or'' at the end thereof; (2) in clause (ii), by striking the period and inserting a comma; and (3) by inserting after clause (ii), the following: ``(iii) as the domestic partner of the employee, as such term is defined by the group health plan, or ``(iv) as the dependent child of the domestic partner (as defined in clause (iii)).''. (b) Special Rule for Retirees and Widows.--Section 4980B(g)(1)(D) of the Internal Revenue Code of 1986 is amended by striking clauses (i) through (iii), and inserting the following: ``(i) as the spouse or domestic partner (described in subparagraph (A)(iii)) of the covered employee, ``(ii) as the dependent child of the covered employee or the covered employee's domestic partner (described in clause (i)), or ``(iii) as the surviving spouse or surviving domestic partner (described in clause (i)) of the covered employee.''. (c) Special Rule for Certain Bankruptcy Proceedings.--Section 4980B(f)(2)(B)(i)(III) of the Internal Revenue Code of 1986 is amended by striking ``or dependent children of the covered employee'' and inserting ``, surviving domestic partner (described in subsection (g)(1)(A)(iii)), or dependent children of the covered employee or such surviving domestic partner''. (d) Qualifying Event.--Section 4980B(f)(3)(C) of the Internal Revenue Code of 1986 is amended by inserting before the period the following: ``, or the covered employee's domestic partner (described in subsection (g)(1)(A)(iii)) ceasing to be such covered employee's domestic partner under the terms of the group health plan''. (e) Notice Requirements.--Section 4980B(f)(6)(A) of the Internal Revenue Code of 1986 is amended by striking ``and spouse of the employee (if any)'' and inserting ``and, if any, such covered employee's qualified beneficiaries who are age 19 or older''. SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) Qualified Beneficiary.--Section 607(3)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167(3)(A)) is amended-- (1) in clause (i), by striking ``or'' at the end thereof; (2) in clause (ii), by striking the period and inserting a comma; and (3) by inserting after clause (ii), the following: ``(iii) as the domestic partner of the employee, as such term is defined by the group health plan, or ``(iv) as the dependent child of the domestic partner (as defined in clause (iii)).''. (b) Special Rule for Retirees and Widows.--Section 607(3)(C) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167(3)(C)) is amended by striking clauses (i) through (iii) and inserting the following: ``(i) as the spouse or domestic partner (described in paragraph (3)(A)(iii)) of the covered employee, ``(ii) as the dependent child of the covered employee or the covered employee's domestic partner (described in clause (i)), or ``(iii) as the surviving spouse or surviving domestic partner (described in clause (i)) of the covered employee.''. (c) Special Rule for Certain Bankruptcy Proceedings.--Section 602(2)(A)(iii) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A)(iii)) is amended by striking ``or dependent children of the covered employee'' and inserting ``, surviving domestic partner (described in section 607(3)(A)(iii)), or dependent children of the covered employee or such surviving domestic partner''. (d) Qualifying Event.--Section 603(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1163) is amended by inserting before the period the following: ``, or the covered employee's domestic partner (described in section 607(3)(A)(iii)) ceasing to be such covered employee's domestic partner under the terms of the group health plan''. (e) Notice Requirements.--Section 606(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1166(a)(1)) is amended by striking ``and spouse of the employee (if any)'' and inserting ``and, if any, such covered employee's qualified beneficiaries who are age 19 or older''. SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) Qualified Beneficiary.--Section 2208(3)(A) of the Public Health Service Act (42 U.S.C. 300bb-8(3)(A)) is amended-- (1) in clause (i), by striking ``or'' at the end thereof; (2) in clause (ii), by striking the period and inserting a comma; and (3) by inserting after clause (ii), the following: ``(iii) as the domestic partner of the employee, as such term is defined by the group health plan, or ``(iv) as the dependent child of the domestic partner (as defined in clause (iii)).''. (b) Qualifying Event.--Section 2203(3) of the Public Health Service Act (42 U.S.C. 300bb-3(3)) is amended by inserting before the period the following: ``, or the covered employee's domestic partner (described in section 2208(3)(A)(iii)) ceasing to be such covered employee's domestic partner under the terms of the group health plan''. (c) Notice Requirements.--Section 2206(1) of the Public Health Service Act (42 U.S.C. 300bb-6(1)) is amended by striking ``and spouse of the employee (if any)'' and inserting ``and, if any, such covered employee's qualified beneficiaries who are age 19 or older''. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall apply with respect to plan years beginning after 180 days after the date of the enactment of this Act. (b) Special Rule for Collective Bargaining Agreements.--In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, the amendments made by this Act shall not apply to plan years beginning before the earlier of-- (1) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act); or (2) 3 years after the date of the enactment of this Act. For purposes of paragraph (1), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this Act shall not be treated as a termination of such collective bargaining agreement.

Equal Access to COBRA Act of 2011 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act (ERISA), and Public Health Service Act to expand COBRA coverage (health insurance continuation benefits) to include an employee's domestic partner and any dependent child of the domestic partner.

To provide for equal access to COBRA continuation coverage.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Crimes Against Children Prevention Act of 2000''. SEC. 2. FEDERAL INTERNET CRIMES AGAINST CHILDREN COMPUTER TRAINING FACILITY. (a) Establishment.--The Attorney General shall establish within the Federal Bureau of Investigation a Federal Internet Crimes Against Children computer training facility to be known as the ``Innocent Images Online Training Center'' (in this section referred to as the ``IIOTC''). (b) Purpose.--The IIOTC shall be responsible for training local, State, and Federal law enforcement officers who investigate Internet and on-line crimes against children. The IIOTC shall be located in or around the Innocent Images operation in Calverton, Maryland, and shall be managed by the Federal Bureau of Investigation (in this section referred to as the ``FBI'') as the lead agency. The staff of the IIOTC shall include representatives from the Federal agencies that have statutory authority to investigate Internet and on-line crimes against children, including the FBI, United States Customs Service, and the United States Postal Inspection Service, and the Criminal Division, United States Department of Justice. (c) Duties of the IIOTC.--The FBI shall perform such duties as the Attorney General determines appropriate to carry out the purpose of the IIOTC, including the following: (1) Educate and train local, State, and Federal law enforcement officers and prosecutors who investigate and prosecute Internet and on-line crimes against children investigations. This training shall consist of teaching these law enforcement officers the Innocent Images national initiative investigative techniques and protocols. The training facility shall include classrooms and computers to facilitate ``hands-on'' training for participants. Consideration may be given to train international law enforcement officers on a limited basis. (2) Travel throughout the United States to teach local law enforcement officers in a local or regional basis when requested. (3) Provide advice and guidance in the application of current and emerging computer technology and other investigative techniques. (4) In a classroom environment and as part of the curriculum, provide investigative support and advice to Federal, State, and local officers and prosecutors on current and complex investigations. (5) In a private setting and upon request, provide consultation and advice on multifaceted Internet crimes against children investigations. (6) Conduct research related to the detection and investigation of Internet and on-line crimes against children, including identification and investigative application of current and emerging technologies, identification of investigative searching technologies and methods for investigating Internet crimes against children. (7) Work with the approved Department of Justice, Office of Juvenile Justice and Delinquency Prevention Program, Internet Crimes Against Children task forces to train these officers on the use of FBI Innocent Images National Initiative investigative techniques and protocols. (8) Within the training curriculum, the IIOTC shall strongly encourage State and local adoption of the protocol consistent with the FBI's Innocent Images National Case Management System. (d) Appointment of Personnel to the IIOTC.-- (1) Selection of staff.--The Director of the Federal Bureau of Investigation shall appoint the staff of the IIOTC. The training facility staff shall include experienced investigators and specialists from the Federal Bureau of Investigation, the United States Customs Service, the United States Postal Inspection Service, and the Criminal Division, Department of Justice. The Commissioner of the United States Customs Service and the Chief Postal Inspector for the United States Postal Inspection Service shall nominate to the Director their representatives to work at the IIOTC. The IIOTC shall also be staffed by FBI support employees who will assist with the administrative functions associated with the center. Each respective agency will be responsible for their costs of providing staff to the IIOTC. (2) Additional support personnel.--The Director of the Federal Bureau of Investigation is authorized to employ 33 additional FBI support personnel employees necessary to provide for a 24-hour operation, staff a toll-free number for law enforcement personnel, and assist in processing casework generated and received at the FBI's Innocent Images National Initiative. (3) Authorization of appropriations.--There are authorized to be appropriated for fiscal year 2001 and each of the 4 succeeding fiscal years-- (A) $4,200,000 to carry out subsection this section, other than subsection (d)(2); and (B) $4,200,000 to carry out subsection (d)(2). (4) Report.--Not later than 120 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the Congress an implementation plan for the IIOTC.

Makes the IIOTC responsible for training local, State, and Federal law enforcement officers who investigate Internet and on-line crimes against children. Directs that the IIOTC be located in or around the Innocent Images operation in Calverton, Maryland, and be managed by the FBI. Directs the FBI Director to appoint staff of the IIOTC. Authorizes the Director to employ 33 additional FBI support personnel employees necessary to provide for a 24-hour operation, staff a toll-free number for law enforcement personnel, and assist in processing casework generated and received at the FBI's Innocent Images National Initiative. Authorizes appropriations.

Internet Crimes Against Children Prevention Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Physician Workforce Improvement Act of 1997''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Institute of Medicine, the Alliance for Aging Research, the National Institute on Aging, and the Council on Graduate Medical Education have reported that there is a critical shortage of certified geriatricians. (2) The average total educational debt that a physician who completes required training including a fellowship in geriatric medicine or geriatric psychiatry in order to become a certified geriatrician exceeds $75,000, and the current reimbursement policy for these physicians creates significant financial disincentives to entering the practice of geriatric medicine and geriatric psychiatry. (3) It is essential that physicians that provide clinical services to elderly individuals be trained in the range of settings in which medical care is delivered in order to provide those services appropriately. SEC. 3. GRADUATE MEDICAL EDUCATION FUNDING. (a) In General.--Section 1886(h)(4) of the Social Security Act (42 U.S.C. 1395ww(h)(4)) is amended by adding at the end the following: ``(F) Geriatric programs.-- ``(i) In general.--The rules established under this paragraph shall specify that a resident that is enrolled in a fellowship in geriatric medicine or geriatric psychiatry within an approved medical residency training program shall be, for the computation of the number of full-time-equivalent residents in an approved medical residency training program, counted 2 times for the period such resident is enrolled in such fellowship. ``(ii) Limitation.--The number of residents that are counted 2 times for the computation of the number of full-time-equivalent residents in an approved medical residency training program under clause (i) shall not exceed 400 in any calendar year.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to cost reporting periods beginning on or after the date of enactment of this Act. SEC. 4. DEMONSTRATION PROJECTS TO INCREASE THE NUMBER OF GERIATRICIANS. (a) Definitions.--In this section: (1) Geriatric training consortium.--The term ``geriatric training consortium'' means a State, regional, or local entity that-- (A) is developed and supported by an accredited geriatric training program; (B) consists of-- (i) a teaching hospital; (ii) a skilled nursing facility; and (iii) an ambulatory care or community-based facility, such as a community clinic, a day treatment program, a hospice program, a managed care organization, or a rehabilitation facility; and (C) is organized for-- (i) the training of residents enrolled in formal postgraduate training programs in geriatric medicine or geriatric psychiatry; and (ii) the provision of appropriate training experiences in the care of elderly individuals to residents in primary care disciplines and other health professionals. (2) Primary care.--The term ``primary care'' means family medicine, general internal medicine, general pediatrics, preventive medicine, geriatric medicine, and osteopathic general practice. (3) Resident.--The term ``resident'' has the meaning given such term in section 1886(h)(5)(I) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(I)). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (b) Demonstration Projects.-- (1) Authority.--The Secretary, through geriatric training consortia, shall establish and conduct 5 demonstration projects to increase the number of certified geriatricians that are appropriately trained to provide items and services to beneficiaries under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) in a range of patient settings. In conducting demonstration projects under this section, the Secretary shall make payments for the indirect costs of medical education and the direct graduate medical education costs relating to the training of residents to the geriatric training consortia carrying out the projects. (2) Application.--Any geriatric training consortium seeking to conduct a demonstration project under this section shall submit to the Secretary an application at such time, in such form and manner, and containing such information as the Secretary may require. (c) Waiver Authority.--The Secretary may waive compliance with any requirement of titles XI, XVIII, and XIX of the Social Security Act (42 U.S.C. 1301 et seq., 1395 et seq., 1396 et seq.) which, if applied, would prevent a demonstration project carried out under this section from effectively achieving the purpose of the project. (d) Annual Report to Congress.-- (1) In general.--Beginning 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that evaluates the effectiveness of the demonstration projects conducted under this section and that contains any legislative recommendations determined appropriate by the Secretary. (2) Continuation or replication of demonstration projects.--Beginning 3 years after the date of enactment of this Act, the report required under paragraph (1) shall include recommendations regarding whether the demonstration projects conducted under this section should be continued and whether broad replication of the project should be initiated. (e) Duration.--A demonstration project under this section shall be conducted for a period of not more than 5 years. The Secretary may terminate a project if the Secretary determines that the consortium conducting the project is not in substantial compliance with the terms of the application approved by the Secretary. (f) Funding.-- (1) In general.--The Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Insurance Trust Fund under title XVIII of the Social Security Act (42 U.S.C. 1395i, 1395t), in such proportions as the Secretary determines to be appropriate, of such funds as are necessary for the costs of carrying out the demonstration projects under this section. (2) Limitation.-- (A) In general.--With respect to any year that a demonstration project is conducted under this section, the total amount paid to such a demonstration project shall not exceed the lessor of-- (i) an amount described in subparagraph (B); or (ii) $1,000,000. (B) Amount described.--An amount described in this subparagraph is an amount equal to the number of geriatric fellows enrolled in a geriatric training consortium for that year multiplied by the amount that the hospital that is part of that geriatric training consortium conducting the demonstration project received under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for the indirect costs of medical education and for direct graduate medical education costs for each full-time- equivalent resident during the hospital's most recent cost reporting period, determined without regard to section 1886(h)(4)(F) of that Act (42 U.S.C. 1395ww(h)(4)(F)) (as added by section 3), and determined as of the date the Secretary appropriates the funds for the demonstration project for that year.

Medicare Physician Workforce Improvement Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to revise the rules for determining the number of full-time equivalent residents in an approved medical residency training program for purposes of determining payments for direct graduate medical education (GME) costs to provide that a resident enrolled in a fellowship in geriatric medicine or geriatric psychiatry within an approved medical residency training program be counted twice for the period such resident is enrolled in such fellowship (thereby doubling GME payments made to teaching hospitals for geriatric fellows as an incentive for such hospitals to promote and recruit such fellows). Caps the double payment to be provided for an approved medical residency training program to a maximum of 400 fellows per year. Directs the Secretary of Health and Human Services to establish and conduct a limited number of demonstration projects to increase the number of certified geriatricians who are appropriately trained to provide items and services to beneficiaries under the Medicare program in a range of patient settings. Directs the Secretary to make annual reports to the Congress on such projects.

Medicare Physician Workforce Improvement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Maternity and Obstetric Medicine Act'' or the ``Healthy MOM Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Pregnancy is a significant life event for millions of women in the United States each year. (2) For more than 30 years, our Nation, through the Medicaid program, has recognized that pregnant women need immediate access to affordable care, and has allowed women who meet income-eligibility requirements to enroll in Medicaid coverage when they become pregnant. (3) Congress recognized the central importance of maternity coverage by classifying maternity and newborn care as one of the ten essential health benefits that must now be covered on most individual and small group health insurance plans under section 1302(b)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(b)(1)). (4) The Patient Protection and Affordable Care Act has greatly increased access to affordable health insurance coverage for women. Today, more than 7,500,000 women have access to health insurance because of the law. That Act made it illegal to deny coverage based on pre-existing conditions, like pregnancy, or charge women more money for their premiums. That Act also required women's preventive services like birth control to be covered without cost sharing. (5) Access to comprehensive maternity coverage allows women to access important pregnancy-related care, which is demonstrated to improve health outcomes for women and newborns and reduce financial costs for both consumers and insurers. (6) Uninsured women, women with grandfathered and transitional health plans, self-funded student health plans, and catastrophic and high-deductible health plans may lack access to comprehensive and affordable maternity coverage. (7) Employer health plans that exclude dependent daughters from maternity coverage leave young women without coverage for their pregnancy, even though Federal law has long held that treating pregnancy differently than other conditions is sex- based discrimination. (8) A special enrollment period is especially important for young adults, who are at high risk for unintended pregnancies, yet young adults are frequently enrolled in catastrophic coverage, which often has fewer benefits, more restrictions, and higher deductibles. (9) Timely maternity care improves the health of pregnant women, as well as birth outcomes and the health of babies throughout their lifetimes. Pregnancy-related maternal mortality is three to four times higher among women who receive no maternity care compared to women who do. Regular maternity care can detect or mitigate serious pregnancy-related health complications, including preeclampsia, placental abruption, complications from diabetes, complications from heart disease, and Graves' disease, all of which can result in morbidity or mortality for the mother or newborn. (10) Regular maternity care can reduce preterm births and the health complications associated with preterm births. (11) Timely maternity care can reduce short- and long-term health care costs. If a woman does not have access to affordable maternity care during her pregnancy, and she or her newborn experiences pregnancy complications that result in health problems after birth, their insurer may end up paying much higher costs than if the insurer had covered the woman's maternity care during her pregnancy. Intensive maternity care can reduce hospital and neonatal intensive care unit admissions among infants, resulting in cost savings of $1,768 to $5,560 per birth. For women with high-risk pregnancies, intensive maternity care saves $1.37 for every $1 invested in maternity care. (b) Purpose.--The purpose of this Act is to protect the health of women and newborns by ensuring that all women eligible for coverage through the Exchanges established under title I of the Patient Protection and Affordable Care Act (Public Law 111-148) and women eligible for other individual or group health plan coverage can access affordable health coverage during their pregnancy. SEC. 3. PROVIDING FOR A SPECIAL ENROLLMENT PERIOD FOR PREGNANT INDIVIDUALS. (a) Public Health Service Act.--Section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg-1(b)(2)) is amended by inserting ``including a special enrollment period for pregnant individuals, beginning on the date on which the pregnancy is reported to the health insurance issuer'' before the period at the end. (b) Patient Protection and Affordable Care Act.--Section 1311(c)(6) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following new subparagraph: ``(D) a special enrollment period for pregnant individuals, beginning on the date on which the pregnancy is reported to the Exchange; and''. (c) Special Enrollment Periods.--Section 9801(f) of the Internal Revenue Code of 1986 (26 U.S.C. 9801(f)) is amended by adding at the end the following new paragraph: ``(4) For pregnant individuals.-- ``(A) A group health plan shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan upon pregnancy, with the special enrollment period beginning on the date on which the pregnancy is reported to the group health plan or the pregnancy is confirmed by a health care provider. ``(B) The Secretary shall promulgate regulations with respect to the special enrollment period under subparagraph (A), including establishing a time period for pregnant individuals to enroll in coverage and effective date of such coverage.''. (d) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning after the 2016 plan year. SEC. 4. COVERAGE OF MATERNITY CARE FOR DEPENDENT CHILDREN. Section 2719A of the Public Health Service Act (42 U.S.C. 300gg- 19a) is amended by adding at the end the following: ``(e) Coverage of Maternity Care.--A group health plan, or health insurance issuer offering group or individual health insurance coverage, that provides coverage for dependents shall ensure that such plan or coverage includes coverage for maternity care associated with pregnancy, childbirth, and postpartum care for all participants, beneficiaries, or enrollees, including dependents, including coverage of labor and delivery. Such coverage shall be provided to all pregnant dependents regardless of age.''. SEC. 5. FEDERAL EMPLOYEE HEALTH BENEFIT PLANS. (a) In General.--The Director of the Office of Personnel Management shall issue such regulations as are necessary to ensure that pregnancy is considered a change in family status and a qualifying life event for an individual who is eligible to enroll, but is not enrolled, in a health benefit plan under chapter 89 title 5, United States Code. (b) Effective Date.--The requirement in subsection (a) shall apply with respect to any contract entered into under section 8902 of such title beginning 12 months after the date of enactment of this Act. SEC. 6. CONTINUATION OF MEDICAID INCOME ELIGIBILITY STANDARD FOR PREGNANT WOMEN AND INFANTS. Section 1902(l)(2)(A) of the Social Security Act (42 U.S.C. 1396a(l)(2)(A)) is amended-- (1) in clause (i), by striking ``and not more than 185 percent''; (2) in clause (ii)-- (A) in subclause (I), by striking ``and'' after the comma; (B) in subclause (II), by striking the period at the end and inserting ``, and''; and (C) by adding at the end the following: ``(III) January 1, 2014, is the percentage provided under clause (v).''; and (3) by adding at the end the following new clause: ``(v) The percentage provided under clause (ii) for medical assistance on or after January 1, 2014, with respect to individuals described in subparagraph (A) or (B) of paragraph (1) shall not be less than-- ``(I) the percentage specified for such individuals by the State in an amendment to its State plan (whether approved or not) as of January 1, 2014, or ``(II) if no such percentage is specified as of January 1, 2014, the percentage established for such individuals under the State's authorizing legislation or provided for under the State's appropriations as of that date.''. SEC. 7. RELATIONSHIP TO OTHER LAWS. Nothing in this Act (or an amendment made by this Act) shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or the law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for enrollees in a group health plan or group or individual health insurance offered by a health insurance issuer.

Healthy Maternity and Obstetric Medicine Act or the Healthy MOM Act This bill amends the Public Health Service Act and Internal Revenue Code to require health insurers, health insurance exchanges, and group health plans to offer a special enrollment period to pregnant individuals. The special enrollment period offered by an insurer or exchange must begin when the pregnancy is reported to the insurer or exchange. The special enrollment period offered by a group health plan must begin when the pregnancy is reported to the plan or is confirmed by a health care provider. Coverage offered by a group health plan or health insurer that covers dependents must provide coverage for maternity care to all covered individuals. The Office of Personnel Management must ensure that eligible pregnant women are allowed to enroll in federal employee health benefit plans outside of the open enrollment period. This bill amends title XIX (Medicaid) of the Social Security Act to revise the range in which a state must establish a maximum level of family income for pregnant women and infants to be eligible for Medicaid. The upper limit of the range is eliminated and the lower limit is set to the level in place, or specified in an amendment to a state plan, on January 1, 2014.

Healthy Maternity and Obstetric Medicine Act