FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. ENFORCEMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS. (a) Short Title.--This Act may be cited as the ``Justice for Victims of Terrorism Act''. (b) Definition.-- (1) In general.--Section 1603(b) of title 28, United States Code, is amended-- (A) in paragraph (3) by striking the period and inserting ``; and''; (B) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (C) by striking ``(b)'' through ``entity--'' and inserting the following: ``(b) An `agency or instrumentality of a foreign state' means-- ``(1) any entity--''; and (D) by adding at the end the following: ``(2) for purposes of sections 1605(a)(7) and 1610 (a)(7) and (f), any entity as defined under subparagraphs (A) and (B) of paragraph (1), and subparagraph (C) of paragraph (1) shall not apply.''. (2) Technical and conforming amendment.--Section 1391(f)(3) of title 28, United States Code, is amended by striking ``1603(b)'' and inserting ``1603(b)(1)''. (c) Enforcement of Judgments.--Section 1610(f) of title 28, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (A) by striking ``(including any agency or instrumentality or such state)'' and inserting ``(including any agency or instrumentality of such state)''; and (B) by adding at the end the following: ``(C) Notwithstanding any other provision of law, moneys due from or payable by the United States (including any agency or instrumentality thereof) to any state against which a judgment is pending under section 1605(a)(7) shall be subject to attachment and execution with respect to that judgment, in like manner and to the same extent as if the United States were a private person.''; and (2) by adding at the end the following: ``(3)(A) Subject to subparagraph (B), upon determining on an asset- by-asset basis that a waiver is necessary in the national security interest, the President may waive this subsection in connection with (and prior to the enforcement of) any judicial order directing attachment in aid of execution or execution against any property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations. ``(B) A waiver under this paragraph shall not apply to-- ``(i) if property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations has been used for any nondiplomatic purpose (including use as rental property), the proceeds of such use; or ``(ii) if any asset subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations is sold or otherwise transferred for value to a third party, the proceeds of such sale or transfer. ``(C) In this paragraph, the term `property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations' and the term `asset subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations' mean any property or asset, respectively, the attachment in aid of execution or execution of which would result in a violation of an obligation of the United States under the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, as the case may be. ``(4) For purposes of this subsection, all assets of any agency or instrumentality of a foreign state shall be treated as assets of that foreign state.''. (d) Technical and Conforming Amendment.--Section 117(d) of the Treasury Department Appropriations Act, 1999, as enacted by section 101(h) of Public Law 105-277 (112 Stat. 2681-492) is repealed. (e) Effective Date.--The amendments made by this section shall apply to any claim for which a foreign state is not immune under section 1605(a)(7) of title 28, United States Code, arising before, on, or after the date of the enactment of this Act. SEC. 2. PAYGO ADJUSTMENT. The Director of the Office of Management and Budget shall not make any estimates of changes in direct spending outlays and receipts under section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902(d)) for any fiscal year resulting from the enactment of this Act. SEC. 3. TECHNICAL AMENDMENTS TO IMPROVE LITIGATION PROCEDURES AND REMOVE LIMITATIONS ON LIABILITY. (a) General Exceptions to Jurisdictional Immunity of Foreign State.--Section 1605 of title 28, United States Code, is amended by adding at the end the following: ``(h) If a foreign state, or its agency or instrumentality, is a party to an action pursuant to subsection (a)(7) and fails to furnish any testimony, document, or other thing upon a duly issued discovery order by the court in the action, such failure shall be deemed an admission of any fact with respect to which the discovery order relates. Nothing in this subsection shall supersede the limitations set forth in subsection (g).''. (b) Modification of Limitation on Liability.--Section 1605(a)(7)(B)(i) is amended to read as follows: ``(i) the act occurred in the foreign state against which the claim has been brought and the foreign state has not had a reasonable opportunity to arbitrate the claim in a neutral forum outside the foreign state in accordance with accepted international rules of arbitration; or (c) Extent of Liability.--Section 1606 of title 28, United States Code, is amended by adding at the end the following: ``No Federal or State statutory limits shall apply to the amount of compensatory, actual, or punitive damages permitted to be awarded to persons under section 1605(a)(7) and this section.''. (d) Effective Date.--The amendments made by this section shall apply to any claim for which a foreign state is not immune under section 1605(a)(7) of title 28, United States Code, arising before, on, or after the date of the enactment of this Act. Passed the House of Representatives July 25, 2000. Attest: JEFF TRANDAHL, Clerk.

Directs that moneys due from or payable by the United States to any State against which a judgment is pending under jurisdictional provisions be subject to attachment and execution in like manner and to the same extent as if the United States were a private person. Authorizes the President, upon determining on an asset-by-asset basis that a waiver is necessary in the national security interest, to waive attachment provisions in connection with (and prior to the enforcement of) any judicial order directing attachment in aid of execution or execution against any property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations. Specifies that a waiver shall not apply to the proceeds of: (1) such use if such property has been used for any non-diplomatic purpose (including use as rental property); or (2) a sale or transfer if any asset subject to such Conventions is sold or otherwise transferred for value to a third party. Defines "property" or an "asset" subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations" to mean any property or asset the attachment in aid of execution or execution of which would result in a violation of a U.S. obligation under the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, as the case may be. Treats all assets of any agency or instrumentality of a foreign state as assets of that foreign state. (Sec. 2) Prohibits the Director of the Office of Management and Budget from making any estimates of changes in direct spending outlays and receipts under "pay as you go" provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 for any fiscal year resulting from enactment of this Act. (Sec. 3) Provides that the failure of a foreign state against which money damages are sought for personal injury or death caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources, to furnish any testimony, document, or other thing upon a duly issued discovery order by the court in the action shall be deemed an admission of any fact with respect to which the discovery order relates. Makes an exception to the jurisdictional immunity of a foreign state against which such damages are sought if the act occurred in the state and the state has not had a reasonable opportunity to arbitrate the claim in accordance with accepted international rules of arbitration (current law) in a neutral forum outside the foreign state. Specifies that no Federal or State statutory limits shall apply to the amount of compensatory, actual, or punitive damages permitted to be awarded to persons under judicial code provisions regarding general exceptions to the jurisdictional immunity of a foreign state. Makes this section applicable to claims arising before this Act's enactment.

Justice for Victims of Terrorism Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors Protection Act of 2010''. SEC. 2. PAYMENT IN LIEU OF A COST-OF-LIVING ADJUSTMENT TO RECIPIENTS OF SOCIAL SECURITY, SUPPLEMENTAL SECURITY INCOME, RAILROAD RETIREMENT BENEFITS, AND VETERANS DISABILITY COMPENSATION OR PENSION BENEFITS. (a) Authority To Make Payments.-- (1) Eligibility.-- (A) In general.--Subject to paragraph (5)(B), the Secretary of the Treasury shall disburse a $250 payment to each individual who, for any month during the 3- month period ending with the month which ends prior to the month that includes the date of the enactment of this Act, is entitled to a benefit payment described in clause (i), (ii), or (iii) of subparagraph (B) or is eligible for a SSI cash benefit described in subparagraph (C). Payments shall be made under this section only if no increase takes effect with the month of December 2010 under section 215(i) of the Social Security Act. In the case of an individual who is eligible for a payment under this subparagraph by reason of entitlement to a benefit described in subparagraph (B)(i), no such payment shall be made to such individual unless such individual was paid a benefit described in such subparagraph (B)(i) for any month in the 12-month period ending with the month which ends prior to the month that includes the date of the enactment of this Act. (B) Benefit payment described.--For purposes of subparagraph (A): (i) Title ii benefit.--A benefit payment described in this clause is a monthly insurance benefit payable (without regard to sections 202(j)(1) and 223(b) of the Social Security Act (42 U.S.C. 402(j)(1), 423(b)) under-- (I) section 202(a) of such Act (42 U.S.C. 402(a)); (II) section 202(b) of such Act (42 U.S.C. 402(b)); (III) section 202(c) of such Act (42 U.S.C. 402(c)); (IV) section 202(d)(1)(B)(ii) of such Act (42 U.S.C. 402(d)(1)(B)(ii)); (V) section 202(e) of such Act (42 U.S.C. 402(e)); (VI) section 202(f) of such Act (42 U.S.C. 402(f)); (VII) section 202(g) of such Act (42 U.S.C. 402(g)); (VIII) section 202(h) of such Act (42 U.S.C. 402(h)); (IX) section 223(a) of such Act (42 U.S.C. 423(a)); (X) section 227 of such Act (42 U.S.C. 427); or (XI) section 228 of such Act (42 U.S.C. 428). (ii) Railroad retirement benefit.--A benefit payment described in this clause is a monthly annuity or pension payment payable (without regard to section 5(a)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231d(a)(ii))) under-- (I) section 2(a)(1) of such Act (45 U.S.C. 231a(a)(1)); (II) section 2(c) of such Act (45 U.S.C. 231a(c)); (III) section 2(d)(1)(i) of such Act (45 U.S.C. 231a(d)(1)(i)); (IV) section 2(d)(1)(ii) of such Act (45 U.S.C. 231a(d)(1)(ii)); (V) section 2(d)(1)(iii)(C) of such Act to an adult disabled child (45 U.S.C. 231a(d)(1)(iii)(C)); (VI) section 2(d)(1)(iv) of such Act (45 U.S.C. 231a(d)(1)(iv)); (VII) section 2(d)(1)(v) of such Act (45 U.S.C. 231a(d)(1)(v)); or (VIII) section 7(b)(2) of such Act (45 U.S.C. 231f(b)(2)) with respect to any of the benefit payments described in clause (i) of this subparagraph. (iii) Veterans benefit.--A benefit payment described in this clause is a compensation or pension payment payable under-- (I) section 1110, 1117, 1121, 1131, 1141, or 1151 of title 38, United States Code; (II) section 1310, 1312, 1313, 1315, 1316, or 1318 of title 38, United States Code; (III) section 1513, 1521, 1533, 1536, 1537, 1541, 1542, or 1562 of title 38, United States Code; or (IV) section 1805, 1815, or 1821 of title 38, United States Code, to a veteran, surviving spouse, child, or parent as described in paragraph (2), (3), (4)(A)(ii), or (5) of section 101, title 38, United States Code, who received that benefit during any month within the 3-month period ending with the month which ends prior to the month that includes the date of the enactment of this Act. (C) SSI cash benefit described.--A SSI cash benefit described in this subparagraph is a cash benefit payable under section 1611 (other than under subsection (e)(1)(B) of such section) or 1619(a) of the Social Security Act (42 U.S.C. 1382, 1382h). (2) Requirement.--A payment shall be made under paragraph (1) only to individuals who reside in 1 of the 50 States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, American Samoa, or the Northern Mariana Islands, or who are utilizing a foreign or domestic Army Post Office, Fleet Post Office, or Diplomatic Post Office address. For purposes of the preceding sentence, the determination of the individual's residence shall be based on the address of record, as of the date of certification under subsection (b) for a payment under this section under a program specified in paragraph (1). (3) No double payments.--An individual shall be paid only 1 payment under this section, regardless of whether the individual is entitled to, or eligible for, more than 1 benefit or cash payment described in paragraph (1). (4) Limitation.--A payment under this section shall not be made (or, in the case of subparagraph (D), shall not be due)-- (A) in the case of an individual entitled to a benefit specified in paragraph (1)(B)(i) or paragraph (1)(B)(ii)(VIII) if-- (i) for the most recent month of such individual's entitlement in the 3-month period described in paragraph (1); or (ii) for any month thereafter which is before the month after the month of the payment; such individual's benefit under such paragraph was not payable by reason of subsection (x) or (y) of section 202 the Social Security Act (42 U.S.C. 402) or section 1129A of such Act (42 U.S.C. 1320a-8a); (B) in the case of an individual entitled to a benefit specified in paragraph (1)(B)(iii) if, for the most recent month of such individual's entitlement in the 3-month period described in paragraph (1), such individual's benefit under such paragraph was not payable, or was reduced, by reason of section 1505, 5313, or 5313B of title 38, United States Code; (C) in the case of an individual entitled to a benefit specified in paragraph (1)(C) if-- (i) for such most recent month of such individual's eligibility in the 3-month period described in paragraph (1); or (ii) for any month thereafter which is before the month after the month of the payment; such individual's benefit under such paragraph was not payable by reason of subsection (e)(1)(A) or (e)(4) of section 1611 (42 U.S.C. 1382) or section 1129A of such Act (42 U.S.C. 1320a-8a); or (D) in the case of any individual whose date of death occurs-- (i) before the date of the receipt of the payment; or (ii) in the case of a direct deposit, before the date on which such payment is deposited into such individual's account. In the case of any individual whose date of death occurs before a payment is negotiated (in the case of a check) or deposited (in the case of a direct deposit), such payment shall not be due and shall not be reissued to the estate of such individual or to any other person. Subparagraphs (A)(ii) and (C)(ii) shall apply only in the case of certifications under subsection (b) which are, or but for this paragraph would be, made after the date of the enactment of this Act, shall apply to such certifications without regard to the calendar year of the payments to which such certifications apply. (5) Timing and manner of payments.-- (A) In general.--The Secretary of the Treasury shall commence disbursing payments under this section at the earliest practicable date in 2011 prior to April 1, 2011. The Secretary of the Treasury may disburse any payment electronically to an individual in such manner as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subparagraph (B) or (C) of paragraph (1). (B) Deadline.--No payments shall be disbursed under this section after December 31, 2011, regardless of any determinations of entitlement to, or eligibility for, such payments made after such date. (b) Identification of Recipients.--The Commissioner of Social Security, the Railroad Retirement Board, and the Secretary of Veterans Affairs shall certify the individuals entitled to receive payments under this section and provide the Secretary of the Treasury with the information needed to disburse such payments. A certification of an individual shall be unaffected by any subsequent determination or redetermination of the individual's entitlement to, or eligibility for, a benefit specified in subparagraph (B) or (C) of subsection (a)(1) (except that such certification shall be affected by a determination that an individual is an individual described in subparagraph (A), (B), (C), or (D) of subsection (a)(4) during a period described in such subparagraphs), and no individual shall be certified to receive a payment under this section for a calendar year if such individual has at any time been denied certification for such a payment for such calendar year by reason of subparagraph (A)(ii) or (C)(ii) of subsection (a)(4) (unless such individual is subsequently determined not to have been an individual described in either such subparagraph at the time of such denial). (c) Treatment of Payments.-- (1) Payment to be disregarded for purposes of all federal and federally assisted programs.--A payment under subsection (a) shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following 9 months, for purposes of determining the eligibility of the recipient (or the recipient's spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds. (2) Payment not considered income for purposes of taxation.--A payment under subsection (a) shall not be considered as gross income for purposes of the Internal Revenue Code of 1986. (3) Payments protected from assignment.--The provisions of sections 207 and 1631(d)(1) of the Social Security Act (42 U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301 of title 38, United States Code, shall apply to any payment made under subsection (a) as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subparagraph (B) or (C) of subsection (a)(1). (4) Payments subject to offset.--Notwithstanding paragraph (3)-- (A) any payment made under this section shall, in the case of a payment of a direct deposit which is made after the date of the enactment of this Act, be subject to the reclamation provisions under subpart B of part 210 of title 31, Code of Federal Regulations (relating to reclamation of benefit payments); and (B) any payment made under this section shall not, for purposes of section 3716 of title 31, United States Code, be considered a benefit payment or cash benefit made under the applicable program described in subparagraph (B) or (C) of subsection (a)(1), and all amounts paid shall be subject to offset to collect delinquent debts. (d) Payment to Representative Payees and Fiduciaries.-- (1) In general.--In any case in which an individual who is entitled to a payment under subsection (a) and whose benefit payment or cash benefit described in paragraph (1) of that subsection is paid to a representative payee or fiduciary, the payment under subsection (a) shall be made to the individual's representative payee or fiduciary and the entire payment shall be used only for the benefit of the individual who is entitled to the payment. (2) Applicability.-- (A) Payment on the basis of a title ii or ssi benefit.--Section 1129(a)(3) of the Social Security Act (42 U.S.C. 1320a-8(a)(3)) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(i) or (1)(C) of subsection (a) in the same manner as such section applies to a payment under title II or XVI of such Act. (B) Payment on the basis of a railroad retirement benefit.--Section 13 of the Railroad Retirement Act (45 U.S.C. 231l) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(ii) of subsection (a) in the same manner as such section applies to a payment under such Act. (C) Payment on the basis of a veterans benefit.-- Sections 5502, 6106, and 6108 of title 38, United States Code, shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(iii) of subsection (a) in the same manner as those sections apply to a payment under that title.

Seniors Protection Act of 2010 - Directs the Secretary of the Treasury to disburse a $250 payment to recipients of Social Security, SSI (Supplemental Security Income under title XVI of the Social Security Act), railroad retirement benefits, and veterans disability compensation or pension benefits if no cost-of-living adjustment is payable in 2011.

To ensure that seniors, veterans, and people with disabilities who receive Social Security and certain other Federal benefits receive a one-time $250 payment in the event that no cost-of-living adjustment is payable in 2011.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Mentor Teacher Act''. SEC. 2. MENTOR TEACHER PROGRAMS. Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) by redesignating part E as part F; and (2) by inserting after part D the following new part: ``PART E--MENTOR TEACHER PROGRAM ``SEC. 2351. PURPOSES. ``The purposes of this part are to give local educational agencies the resources to establish mentor teacher programs to enable experienced teachers to train novice or beginner teachers. ``SEC. 2352. DEFINITIONS. ``In this part: ``(1) Board certified.--The term `board certified' means successful completion of all requirements to be certified by the National Board for Professional Teaching Standards. ``(2) Mentor teacher.--The term `mentor teacher' means a teacher who-- ``(A) is permanently certified or licensed; ``(B) has demonstrated mastery of pedagogical and subject matter skills (such as by becoming board certified); ``(C) has provided evidence of superior teaching abilities and interpersonal relationship qualities; and ``(D) provides mentor services for not more than 2 academic years out of 5 academic years. ``(3) Novice teacher.--The term `novice teacher' means a teacher who has been teaching not more than 3 years at a public elementary school or secondary school. ``SEC. 2353. PROGRAM AUTHORIZED. ``(a) Authority.-- ``(1) In general.--The Secretary is authorized to award grants on a competitive basis to local educational agencies to develop and implement mentor teacher programs as described in subsection (d). ``(2) Geographic distribution.--To the maximum extent practicable, the Secretary shall award grants under paragraph (1) so that such grants are distributed among the school districts with the highest concentration of novice teachers. ``(b) Duration.--A grant under subsection (a) shall be awarded for a period of 5 years. ``(c) Amount.--The amount of a grant awarded under subsection (a), shall be determined based on-- ``(1) the total amount appropriated for a fiscal year under section 2358 and made available to carry out this part; and ``(2) the extent of the concentration of novice teachers in the school district involved. ``(d) Authorized Activities.--The mentor teacher programs described in subsection (a) shall provide training to novice teachers on effective teaching techniques through observation, instruction, coaching, and mentoring by experienced educators. ``SEC. 2354. APPLICATIONS. ``(a) In General.--A local educational agency desiring a grant under section 2353 shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(b) Contents.--Each application submitted pursuant to subsection (a) shall include-- ``(1) a statement describing the program activities for which amounts received under the grant will be used; ``(2) a statement describing the goals and objectives for the program activities described in paragraph (1), including goals of-- ``(A) enhancing overall student achievement; ``(B) increasing the number of permanently certified and licensed teachers; ``(C) increasing the number of provisionally certified and licensed teachers seeking board certification; and ``(D) maximizing the retention in the profession of teaching of certified and licensed teachers; and ``(3) a statement describing the manner in which the goals and objectives described in paragraph (2) will be measured. ``(c) Approval of Application.--The Secretary shall make a determination regarding an application submitted under subsection (a) based on a recommendation of a peer review panel described in subsection (d), and any other criteria that the Secretary determines to be appropriate. ``(d) Peer Review Panel.-- ``(1) Establishment.--The Secretary shall establish a peer review panel to review and make recommendations as to whether applications submitted pursuant to subsection (a) should be approved. ``(2) Recommendations.--In making a recommendation described in paragraph (1), the panel shall give consideration to the same factors that the Secretary is required to consider under section 2353(a)(2). ``SEC. 2355. PAYMENTS. ``(a) In General.--Grant payments shall be made under this part on an annual basis. ``(b) Administrative Costs.--Each local educational agency that receives a grant under section 2353 shall use not more than 2 percent of the amount awarded under the grant for administrative costs. ``(c) Denial of Grant.--If the Secretary determines that a local educational agency has failed to make substantial progress in attaining the performance objectives and goals described in section 2354(b)(2), such an agency shall not be eligible for a grant payment under this part in the next succeeding year. ``SEC. 2356. REPORTS. ``(a) Report by the Secretary.--Not later than 6 months after receipt of reports described in subsection (b), the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report of program activities funded under this part. ``(b) Report by Applicant.--Not later than March 31, 2004, each local educational agency receiving a grant under this part shall submit a report to the Secretary describing whether the program established under section 2353 was effective in meeting the goals described in subparagraphs (A) through (D) of section 2354(b)(2). ``SEC. 2357. MATCHING REQUIREMENT. ``The Secretary may not award a grant to a local educational agency under section 2353 unless the local educational agency agrees that, with respect to costs to be incurred by the agency in carrying out activities for which the grant was awarded, the agency shall provide (directly or through donations from public or private entities) in non- Federal contributions an amount equal to 25 percent of the amount of the grant awarded to the agency. ``SEC. 2358. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this part $50,000,000 for each of the fiscal years 2000 through 2004.''.

Authorizes the Secretary of Education to make competitive five-year grants to local educational agencies (LEAs) to develop and implement mentor teacher programs that provide training to novice teachers on effective teaching techniques through observation, instruction, coaching, and mentoring by experienced educators. Requires the Secretary to establish peer review panels to review LEA applications and make recommendations on which ones should be approved. Requires LEA matching funds. Authorizes appropriations.

21st Century Mentor Teacher Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dirty Bomb Prevention Act of 2002''. SEC. 2. SEALED SOURCE SECURITY. (a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at the end the following: ``SEC. 170C. SEALED SOURCE SECURITY. ``(a) Definitions.--In this section: ``(1) Sealed source.-- ``(A) In general.--The term `sealed source' means a byproduct material or special nuclear material licensed by the Nuclear Regulatory Commission that is sealed in a container designed to prevent leakage of the byproduct material or special nuclear material from the container. ``(B) Exclusion.--The term `sealed source' does not include fuel or spent fuel. ``(2) Security threat.--The term `security threat' means-- ``(A) a threat of sabotage or theft of a sealed source; ``(B) a threat of use of a sealed source in a radiological dispersal device; and ``(C) any other threat of terrorist or other criminal activity involving a sealed source that could harm the health or safety of the public. ``(3) Task force.--The term `task force' means the task force on sealed source security established by subsection (b)(1). ``(b) Task Force on Sealed Source Security.-- ``(1) Establishment.--There is established a task force on sealed source security. ``(2) Membership.--The task force shall be composed of-- ``(A) the Chairman of the Nuclear Regulatory Commission, who shall act as chairperson of the task force; ``(B) the Secretary of Energy; ``(C) the Secretary of Transportation; ``(D) the Attorney General; ``(E) the Secretary of State; ``(F) the Secretary of Homeland Security; ``(G) the Director of the Central Intelligence Agency; ``(H) the Director of the Federal Emergency Management Agency; and ``(I) the Director of the Federal Bureau of Investigation. ``(c) Duties.-- ``(1) In general.--The task force shall-- ``(A) evaluate the security of sealed sources against security threats; and ``(B) identify administrative and legislative actions to be taken to provide the maximum practicable degree of security against security threats. ``(2) Participation.--In carrying out paragraph (1), the task force shall solicit, and give due consideration to, the views of-- ``(A) other Federal agences and State and local agencies; and ``(B) stakeholders, persons in industry and academia with relevant expertise, and the public. ``(3) Considerations.--In carrying out paragraph (1), the task force shall consider administrative and legislative actions to-- ``(A) establish a classification system for sealed sources that-- ``(i) is based on the potential for use by terrorists of sealed sources and the extent of the threat to public health and safety posed by that potential; and ``(ii) takes into account-- ``(I) radioactivity levels of sealed sources; ``(II) the dispersibility of sealed sources; ``(III) the chemical and material form of sealed sources; and ``(IV) other appropriate factors; ``(B) establish a national system for recovery of sealed sources that are lost or stolen, taking into account the classification system established under subparagraph (A); ``(C) provide for the storage of sealed sources not currently in use in a safe and secure manner; ``(D) establish a national tracking system for sealed sources, taking into account the classification system established under subparagraph (A); ``(E) establish-- ``(i) a national system to impose fees to be collected from users of sealed sources, to be refunded when the sealed sources are returned or properly disposed of; or ``(ii) any other method to ensure the return or proper disposal of sealed sources; ``(F) modify export controls on sealed sources necessary to ensure that foreign recipients of sealed sources are willing and able to control sealed sources that originate in the United States in the same manner as recipients in the United States; and ``(G) establish procedures to improve the security of sealed sources in use, transportation, and storage. ``(4) Procedures to improve security.--The actions to improve the security of sealed sources under paragraph (3)(G) may include-- ``(A) periodic audits or inspections by the Commission to ensure that sealed sources are properly secured and can be fully accounted for; ``(B) evaluation by the Commission of security measures taken by persons that possess sealed sources; ``(C) imposition of increased fines for violations of regulations relating to security and safety measures applicable to licensees that possess sealed sources; ``(D) conduct of background checks on individuals with access to sealed sources; ``(E) measures to ensure the physical security of facilities that contain sealed sources; and ``(F) screening of shipments of sealed sources to facilities that are particularly at risk for sabotage to ensure that the shipments do not contain explosives. ``(5) Report.--Not later than 90 days after the date of enactment of this section, and not less frequently than once every 3 years thereafter, the task force shall submit to the President and Congress a report in unclassified form (with a classified annex, if necessary) describing the administrative and legislative actions identified under paragraph (1)(B). ``(d) Administrative Action.--Not later than 60 days after the date of submission of the report under subsection (c)(5), the Commission shall take such actions as are necessary to-- ``(1) revise the system for licensing sealed sources to adopt all of the administrative measures identified in the report that are within the authority of the Commission to adopt; and ``(2) ensure that States that have entered into an agreement under section 274b. establish compatible programs in a timely manner. ``(e) National Academy of Sciences Study.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Commission shall enter into an arrangement with the National Academy of Sciences for a study of-- ``(A) the industrial, research, and commercial uses of sealed sources; and ``(B) means of developing alternatives to the use of sealed sources. ``(2) Requirements.--In carrying out paragraph (1), the National Academy of Sciences shall-- ``(A) review the current uses of sealed sources; and ``(B) identify industrial processes and other processes that use sealed sources that could be replaced with economically and technically equivalent, or improved, processes that do not require the use of sealed sources. ``(3) Report.--Not later than 1 year after the date of enactment of this section, the Commission shall transmit to Congress the report of the National Academy of Sciences on the results of the study.''. (b) Conforming and Technical Amendment.--The table of contents of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended by inserting after the item relating to section 170A the following: ``Sec. 170B. Uranium supply. ``Sec. 170C. Sealed source security.''.

Dirty Bomb Prevention Act of 2002 - Amends the Atomic Energy Act of 1954 to establish a task force on sealed source security to: (1) evaluate threats against the security of sealed sources of radioactive material; and (2) identify actions that would provide optimum security against such threats.Defines "sealed sources" as a byproduct material or special nuclear material (excluding fuel or spent fuel) licensed by the Nuclear Regulatory Commission that is sealed in a container designed to prevent leakage of the byproduct material or special nuclear material from the container.Sets forth actions for consideration by the task force.

A bill to amend the Atomic Energy Act of 1954 to establish a task force to identify legislative and administrative action that can be taken to ensure the security of sealed sources of radioactive material, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping the Pharmaceutical Industry from Keeping Drugs Expensive (SPIKE) Act of 2017''. SEC. 2. DRUG MANUFACTURER PRICE TRANSPARENCY. Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1128I the following new section: ``SEC. 1128J. DRUG MANUFACTURER PRICE TRANSPARENCY. ``(a) In General.--Effective beginning on January 1, 2018, subject to subsection (e), the Secretary shall require a manufacturer of an applicable drug to submit to the Secretary the justification described in subsection (c) in accordance with the timing described in subsection (d). ``(b) Definitions.--In this section: ``(1) Applicable drug.--Subject to paragraph (2), the term `applicable drug' means a drug, as defined in section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)), that is subject to section 503(b)(1) of such Act (21 U.S.C. 353(b)(1)), and that the Secretary determines is described in either of the following subparagraphs: ``(A) The drug (per dose)-- ``(i) has a wholesale acquisition cost of at least $10 dollars; and ``(ii) had an increase in the wholesale acquisition cost of the drug, with respect to determinations made-- ``(I) during 2019, of at least 100 percent since the date of the enactment of this section; ``(II) during 2020, of at least 100 percent in the preceding 12 months or of at least 150 percent in the preceding 2 years; ``(III) during 2021, of at least 100 percent in the preceding 12 months or of at least 200 percent in the preceding 3 years; ``(IV) during 2022, of at least 100 percent in the preceding 12 months or of at least 250 percent in the preceding 4 years; or ``(V) on or after January 1, 2023, of at least 100 percent in the preceding 12 months or of at least 300 percent in the preceding 5 years. ``(B) The drug (per dose)-- ``(i) is in the top 50th percentile of net spending under title XVIII or XIX in at least one of the preceding 5 years; and ``(ii) had an increase in the wholesale acquisition cost of the drug, with respect to determinations made-- ``(I) during 2019, of at least 15 percent since the date of the enactment of this section; ``(II) during 2020, of at least 15 percent in the preceding 12 months or of at least 20 percent in the preceding 2 years; ``(III) during 2021, of at least 15 percent in the preceding 12 months or of at least 30 percent in the preceding 3 years; ``(IV) during 2022, of at least 15 percent in the preceding 12 months or of at least 40 percent in the preceding 4 years; or ``(V) on or after January 1, 2023, of at least 15 percent in the preceding 12 months or of at least 50 percent in the preceding 5 years. ``(2) Special rule.--For purposes of applying paragraph (1), the Secretary may substitute for each percentage described in subparagraph (A) or (B) of such paragraph (other than the percentile described subparagraph (B)(i) of such paragraph) a percentage within a de minimis range specified by the Secretary below the percentage so described. ``(3) Manufacturer.--The term `manufacturer' has the meaning given that term in section 581(10) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360eee(10)). ``(4) Wholesale acquisition cost.--The term `wholesale acquisition cost' has the meaning given that term in section 1847A(c)(6)(B). ``(c) Justification Described.--The justification described in this subsection is all relevant information and supporting documentation necessary to justify the increase in the wholesale acquisition cost of the applicable drug of the manufacturer, which may include the following: ``(1) The individual factors that have contributed to the increase in the wholesale acquisition cost. ``(2) An explanation of the role of each factor in contributing to such increase. ``(3) Total expenditures of the manufacturer on-- ``(A) materials and manufacturing for such drug; ``(B) acquiring patents and licensing for each drug of the manufacturer; and ``(C) costs to purchase or acquire the drug from another company, if applicable. ``(4) The percentage of total expenditures of the manufacturer on research and development for such drug that was derived from Federal funds. ``(5) The total expenditures of the manufacturer on research and development for such drug. ``(6) The total revenue and net profit generated from the applicable drug for each calendar year since drug approval. ``(7) The total costs associated with marketing and advertising for the applicable drug. ``(8) Additional information specific to the manufacturer of the applicable drug, such as-- ``(A) the total revenue and net profit of the manufacturer for the period of such increase, as determined by the Secretary; ``(B) metrics used to determine executive compensation; ``(C) any additional information related to drug pricing decisions of the manufacturer, such as total expenditures on-- ``(i) drug research and development; or ``(ii) clinical trials on drugs that failed to receive approval by the Food and Drug Administration. ``(d) Timing.-- ``(1) Notification.--Not later than 60 days after the date on which the Secretary makes the determination that a drug is an applicable drug under subsection (b), the Secretary shall notify the manufacturer of the applicable drug of such determination. ``(2) Submission of justification.--Not later than 180 days after the date on which a manufacturer receives a notification under paragraph (1), the manufacturer shall submit to the Secretary the justification required under subsection (a). ``(3) Posting on internet website.-- ``(A) In general.--Subject to subparagraph (B), not later than 30 days after receiving the justification under paragraph (2), the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services the justification, together with a summary of such justification that is written and formatted using language that is easily understandable by beneficiaries under titles XVIII and XIX. ``(B) Exception.--The Secretary shall establish a process under which a manufacturer of an applicable drug may submit a request to the Secretary that certain proprietary information disclosed as part of justification in subsection (c) be excluded from the posting described in subparagraph (A) if, as determined by the Secretary (in consultation with the Inspector General of the Department of Health and Human Services), the public disclosure of such information would directly lead to increased prices of prescription drugs. If proprietary information is excluded from the posting pursuant to the preceding sentence, to the extent feasible, the summary of the information described in subparagraph (A) shall include a summary of such proprietary information. ``(e) Exception to Requirement for Submission.--The requirement to submit a justification under subsection (a) shall not apply in the case where the manufacturer, after receiving the notification under subsection (d)(1) with respect to an applicable drug of the manufacturer, reduces the wholesale acquisition cost of a drug so that it no longer meets the definition of an applicable drug under subsection (b) for at least a 6-month period, as determined by the Secretary. ``(f) Penalties.--The provisions of subsection (b)(3)(C) of section 1927 shall apply to a manufacturer that fails to submit the justification required under subsection (a) on a timely basis or that knowingly provides false information in the same manner as such provisions apply to a manufacturer with an agreement under that section.''.

Stopping the Pharmaceutical Industry from Keeping Drugs Expensive (SPIKE) Act of 2017 This bill amends title XI (General Provisions) of the Social Security Act to require manufacturers of  drugs with specified percentage increases in their wholesale costs to submit to the Centers for Medicare & Medicaid Services (CMS) written justification for certain increases in drug prices. The CMS shall publish each submission, together with an easily understandable summary, on its website. Certain proprietary information may be excluded from publication, as specified by the bill. A manufacturer that does not comply with the bill's requirements shall be subject to civil monetary penalties.

Stopping the Pharmaceutical Industry from Keeping Drugs Expensive (SPIKE) Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Caribbean Partnership Act of 2014''. SEC. 2. DEFINITION. In this Act, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. SEC. 3. FINDINGS. Congress finds the following: (1) While often overlooked, the countries of the Caribbean are important United States partners. (2) United States-Caribbean cooperation on commerce, security, and energy must be deepened. (3) The countries of the Caribbean are key voting members of the Organization of American States. (4) There are five countries in the Caribbean with which the United States has diplomatic relations, but within which the United States does not have a permanent diplomatic presence. Those countries are Antigua and Barbuda, Dominica, St. Kitts and Nevis, St. Lucia, and St. Vincent and the Grenadines. (5) Diplomatic relations with these five countries are conducted through the United States Embassy in Bridgetown, Barbados. (6) Due to the lack of presence of United States diplomats in these five countries, citizens of these five countries are required to travel to Barbados for all consular services. (7) Due to the lack of presence of United States diplomats in these five countries, in order to meet with local officials, civil society representatives, private sector leaders, United States citizens or others, embassy officials must fly from Barbados to these countries on what are often expensive, sometimes infrequent flights and remain overnight in what are often expensive hotel rooms. (8) Due to the lack of presence of United States diplomats in these five countries, United States citizens living in and visiting these five countries do not have full consular services, and in the event of a consular emergency, air traffic could be shut off to any of these islands, in effect stranding United States citizens without full in-country consular services. (9) Due to the lack of presence of United States diplomats in these five countries, key events, meetings, ceremonies, and other opportunities are often not attended by United States officials as they are in other countries where there is a permanent diplomatic presence. (10) Due to the lack of presence of United States diplomats in these five countries, it is more difficult for United States diplomats to establish close working relationships with local officials, civil society representatives, and others. (11) Due to the lack of presence of United States diplomats in these five countries, United States official diplomatic interaction with these countries, including delivery of demarches and other diplomatic messages, which the Secretary of State sometimes requires embassy officials to personally deliver, particularly if of a confidential nature, is often relegated to telephone, facsimile, or email, dramatically reducing the ability of the United States to engage host governments in substantive dialogue. (12) Due to the lack of presence of United States diplomats in these five countries, it is more difficult for the United States to conduct public diplomacy in these five countries. SEC. 4. ESTABLISHMENT OF UNITED STATES EMBASSIES WITH CONSULAR SERVICES IN ANTIGUA AND BARBUDA, DOMINICA, ST. KITTS AND NEVIS, ST. LUCIA, AND ST. VINCENT AND THE GRENADINES. Not later than five years after the date of the enactment of this Act, the Secretary of State shall establish United States embassies with consular services in Antigua and Barbuda, Dominica, St. Kitts and Nevis, St. Lucia, and St. Vincent and the Grenadines to-- (1) provide consular services to citizens of these countries and United States citizens living in or traveling to these countries; and (2) engage in direct diplomacy with appropriate government counterparts in these countries. SEC. 5. REPORT. Not later than one year after the date of the enactment of this Act and annually thereafter until the requirements under section 4 have been satisfied, the Secretary of State shall submit to the appropriate congressional committees a report on the progress made toward carrying out such section. SEC. 6. EXCEPTION FOR DELAY. The Secretary of State may delay for up to one year the carrying out of section 4 if the Secretary determines that more time is needed to carry out such section and submits to the appropriate congressional committees a report explaining the reason for such delay. SEC. 7. LIMITATION ON ADDITIONAL FUNDING. To carry out this Act, the Secretary of State may use only amounts that are available from the Embassy Security, Construction, and Maintenance account and the Diplomatic and Consular Programs account of the Department of State for such purpose.

United States-Caribbean Partnership Act of 2014 - Directs the Secretary of State to establish U.S. embassies with consular services in Antigua and Barbuda, Dominica, St. Kitts and Nevis, St. Lucia, and St. Vincent and the Grenadines to: (1) provide consular services to citizens of these countries and U.S. citizens living in or traveling to these countries, and (2) engage in direct diplomacy with appropriate government counterparts of these countries.

United States-Caribbean Partnership Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Transmission Infrastructure Permitting Improvement Act''. SEC. 2. INTERAGENCY RAPID RESPONSE TEAM FOR TRANSMISSION. (a) Establishment.--There is established an interagency rapid response team, to be known as the ``Interagency Rapid Response Team for Transmission'' (referred to in this section as the ``Team''), to expedite and improve the permitting process for electric transmission infrastructure on Federal land and non-Federal land. (b) Mission.--The mission of the Team shall be-- (1) to improve the timeliness and efficiency of electric transmission infrastructure permitting; and (2) to facilitate the performance of maintenance and upgrades to electric transmission lines on Federal land and non-Federal land. (c) Membership.--The Team shall be comprised of representatives of-- (1) the Federal Energy Regulatory Commission; (2) the Department of Energy; (3) the Department of the Interior; (4) the Department of Defense; (5) the Department of Agriculture; (6) the Council on Environmental Quality; (7) the Department of Commerce; (8) the Advisory Council on Historic Preservation; and (9) the Environmental Protection Agency. (d) Duties.--The Team shall-- (1) facilitate coordination and unified environmental documentation among electric transmission infrastructure project applicants, Federal agencies, States, and Indian tribes involved in the siting and permitting process; (2) establish clear timelines for the review and coordination of electric transmission infrastructure projects by the applicable agencies; (3) ensure that each electric transmission infrastructure project is posted on the Federal permitting transmission tracking system known as ``e-Trans'', including information on the status and anticipated completion date of each project; and (4) regularly notify all participating members of the Team involved in any specific permit of-- (A) any outstanding agency action that is required with respect to the permit; and (B) any approval or required comment that has exceeded statutory or agency timelines for completion, including an identification of any Federal agency, department, or field office that has not met the applicable timeline. (e) Annual Reports.--Annually, the Team shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the average completion time for specific categories of regionally and nationally significant transmission projects, based on information obtained from the applicable Federal agencies. (f) Use of Data by OMB.--Using data provided by the Team, the Director of the Office of Management and Budget shall prioritize inclusion of individual electric transmission infrastructure projects in the permit performance dashboard. SEC. 3. TRANSMISSION OMBUDSPERSON. (a) Establishment.--To enhance and ensure the reliability of the electric grid, there is established within the Federal Energy Regulatory Commission the position of Transmission Ombudsperson (referred to in this section as the ``Ombudsperson''), to provide a unified point of contact for-- (1) resolving interagency or intra-agency issues or delays with respect to electric transmission infrastructure permits; and (2) receiving and resolving complaints from parties with outstanding or in-process applications relating to electric transmission infrastructure. (b) Duties.--The Ombudsperson shall-- (1) establish a process for-- (A) facilitating the permitting process for performance of maintenance and upgrades to electric transmission lines on Federal land and non-Federal land, with a special emphasis on facilitating access for immediate maintenance, repair, and vegetation management needs; (B) resolving complaints filed with the Ombudsperson with respect to in-process electric transmission infrastructure permits; and (C) issuing recommended resolutions to address the complaints filed with the Ombudsperson; and (2) hear, compile, and share any complaints filed with Ombudsperson relating to in-process electric transmission infrastructure permits. SEC. 4. RIGHTS-OF-WAY FOR ELECTRIC TRANSMISSION SYSTEMS. Section 507 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1767) is amended by adding at the end the following: ``(c) Rights-of-Way for Electric Transmission Systems.-- ``(1) In general.--In a case in which a right-of-way has been reserved for the use of any Federal agency or department for an electric transmission system, the Secretary shall not take any of the actions described in paragraph (2) unless the head of the applicable Federal agency or department proposes to change the use of the right-of-way to support a function other than an electric transmission system. ``(2) Covered actions.--An action referred to in paragraph (1) is an action-- ``(A) requiring a new grant, permit, or renewal of the grant or permit relating to the right-of-way; ``(B) requiring any other authorization or instrument relating to the right-of-way; or ``(C) imposing new terms or conditions relating to the right-of-way or the use of the right-of-way, including any proposed changes to or additions of equipment, structures, or other electric transmission system facilities or appurtenances.''.

Electric Transmission Infrastructure Permitting Improvement Act This bill establishes the Interagency Rapid Response Team for Transmission (Team), composed of specified federal agencies, to expedite the permitting process for electric transmission infrastructure on both federal and non-federal land. The Team shall: facilitate coordination and unified environmental documentation among electric transmission infrastructure project applicants, federal agencies, states, and Indian tribes; establish clear timelines for the review and coordination of projects; ensure that each project is posted on the "e-Trans" federal permitting transmission tracking system; and notify Team members involved in any specific permit of any outstanding agency action required with respect to the permit, and any approval or required comment that has exceeded statutory or agency timelines for completion. The Transmission Ombudsperson, established by this Act within the Federal Energy Regulatory Commission, shall create a process for permitting maintenance and upgrades to electric transmission lines and resolving complaints. The Department of the Interior must not take certain actions under the Federal Land Policy and Management Act of 1976 with respect to rights-of-way reserved for a federal agency or department for an electric transmission system unless the agency or department head proposes to change the use of the right-of-way to support a function other than an electric transmission system. The actions prohibited unless a change of use is proposed include: requiring a new grant, permit, or renewal of the grant or permit relating to the right-of-way; requiring any other authorization or instrument relating to the right-of-way; or imposing new terms or conditions relating to the right-of-way or its use, including proposed changes affecting electric transmission system facilities or appurtenances.

Electric Transmission Infrastructure Permitting Improvement Act

SECTION 1. INADMISSIBILITY OF ALIENS IDENTIFIED IN TERRORIST SCREENING DATABASE. Section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended-- (1) in subclause (VIII), by striking ``or'' at the end; (2) by redesignating subclause (IX) as subclause (X); and (3) by inserting after subclause (VIII) the following: ``(IX) is identified in the terrorist screening database (as such term is defined in section 2101(10) of the Homeland Security Act of 2002 (6 U.S.C. 621(10))), except for an alien lawfully admitted for permanent residence (as defined in section 101(a)(20)); or''. SEC. 2. DEPORTABILITY OF ALIENS IDENTIFIED IN TERRORIST SCREENING DATABASE. Section 237(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended by inserting before the period at the end the following ``, except that an alien lawfully admitted for permanent residence (as defined in section 101(a)(20)) is not deportable for being described in subparagraph (B)(i)(IX) of section 212(a)(3)''. SEC. 3. WAIVERS OF GROUND OF INADMISSIBILITY FOR ALIENS IDENTIFIED IN TERRORIST SCREENING DATABASE. Section 212(d)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)) is amended-- (1) in each of clauses (i) and (ii) of subparagraph (A), by inserting ``and other than paragraph (3)(B)(i)(IX) of such subsection except as provided in subparagraph (C)'' after ``of such subsection''; (2) in subparagraph (B)(i), by inserting ``, or who is within the scope of subsection (a)(3)(B)(i)(IX) except as provided in subparagraph (C),'' after ``(a)(3)(B)(i)(II) of this section,''; and (3) by adding at the end the following: ``(C)(i) Subject to clause (ii) and only on an individual case-by- case basis, if the Secretary of Homeland Security determines in the Secretary's unreviewable discretion that it is in the national security interests of the United States, an alien-- ``(I) may be granted a nonimmigrant visa and be admitted into the United States temporarily as a nonimmigrant under subparagraph (A)(i); ``(II) may be admitted into the United States temporarily as a nonimmigrant under subparagraph (A)(ii); and ``(III) shall not be subject to subsection (a)(3)(B)(i)(IX). ``(ii) The Secretary of Homeland Security may grant a waiver under clause (i) with respect to an alien only with the unanimous concurrence of the Attorney General, the Director of the Federal Bureau of Investigation, the Director of National Intelligence, and the Secretary of State.''. SEC. 4. UNAVAILABILITY OF CERTAIN IMMIGRATION BENEFITS TO ALIENS IDENTIFIED IN TERRORIST SCREENING DATABASE. (a) Asylum.--Section 208(b)(2)(A)(v) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by striking ``or (VI)'' and inserting ``(VI), or (IX)''. (b) Withholding of Removal.--Section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended, in the matter preceding clause (i), by inserting ``inadmissible under section 212(a)(3)(B)(i)(IX) or deportable under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX), or'' after ``does not apply to an alien''. (c) Cancellation of Removal.-- (1) Cancellation of removal for certain permanent residents.--Section 240A(a) of the Immigration and Nationality Act (8 U.S.C. 1229b(a)) is amended, in the matter preceding paragraph (1), by striking ``inadmissible or deportable'' and inserting ``inadmissible (except an alien who is inadmissible under section 212(a)(3)(B)(i)(IX)) or deportable (except an alien who is deportable under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX))''. (2) Cancellation of removal for certain nonpermanent residents.--Section 240A(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)(1)) is amended, in the matter preceding subparagraph (A), by striking ``inadmissible or deportable'' and inserting ``inadmissible (except an alien who is inadmissible under section 212(a)(3)(B)(i)(IX)) or deportable (except an alien who is deportable under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX))''. (d) Voluntary Departure.--Section 240B(c) of the Immigration and Nationality Act (8 U.S.C. 1229c(c)) is amended to read as follows: ``(c) Aliens Ineligible.--The Secretary of Homeland Security shall not permit an alien to depart voluntarily under this section if the alien-- ``(1) was previously permitted to so depart after having been found inadmissible under section 212(a)(6)(A); or ``(2) is inadmissible under section 212(a)(3)(B)(i)(IX) or deportable under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX).''. (e) Adjustment of Status.--Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended-- (1) in subsection (c), by striking item (6) and inserting ``(6) an alien who is inadmissible under section 212(a)(3)(B)(i)(IX) or deportable under section 237(a)(4)(B);''; and (2) in subsection (m)(1), in the matter preceding subparagraph (A), by striking ``212(a)(3)(E),'' and inserting ``subparagraph (B)(i)(IX) or (E) of section 212(a)(3) or section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX),''. (f) Registry.--Section 249 of the Immigration and Nationality Act (8 U.S.C. 1259) is amended-- (1) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; and (2) by striking ``inadmissible under section 212(a)(3)(E) or under'' and inserting ``inadmissible under section 212(a)(3)(B)(i)(IX) or (E) or deportable from the United States under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX) or under''. (g) Convention Against Torture.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall revise the regulations found at sections 208.16 through 208.18 of title 8, Code of Federal Regulations, implementing the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984. The revised regulations-- (1) shall exclude from the protection of such regulations aliens described in section 212(a)(3)(B)(i)(IX) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(IX)) and make such aliens ineligible for withholding or deferral of removal under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))); and (2) shall ensure that the revised regulations operate so as to allow for the reopening and readjudication of determinations made under the regulations before the effective date of the revision and apply to acts and conditions constituting grounds of ineligibility for the protection of such regulations (including ineligibility for withholding or deferral of removal) as revised, regardless of when such acts or conditions occurred. SEC. 5. EXPEDITED REMOVAL OF ALIENS INADMISSIBLE OR DEPORTABLE ON SECURITY AND RELATED GROUNDS. Section 238 of the Immigration and Nationality Act (8 U.S.C. 1228) is amended-- (1) in the section heading, by adding at the end the following: ``or inadmissible or deportable on security or related grounds''; (2) by redesignating the subsections succeeding subsection (b) as subsections (d) and (e), respectively; and (3) by inserting after subsection (b) the following: ``(c) Removal of Aliens Who Are Not Permanent Residents and Who Are Inadmissible or Deportable on Security or Related Grounds.-- ``(1) In general.--The Secretary of Homeland Security, in accordance with paragraph (3)-- ``(A) notwithstanding section 240, in the case of every alien described in paragraph (2), shall determine the inadmissibility of such alien under section 212(a)(3)(B)(i)(IX) or the deportability of such alien under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX) and issue an order of removal pursuant to the procedures set forth in this subsection to every such alien determined to be inadmissible under section 212(a)(3)(B)(i)(IX) or deportable under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX); and ``(B) in the case of an alien described in paragraph (2) who is not issued an order under subparagraph (A), may determine the inadmissibility of such alien under section 212(a)(3)(B) (other than subparagraph (B)(i)(IX)) or the deportability of such alien under section 237(a)(4)(B) (other than as a consequence of being described in section 212(a)(3)(B)(i)(IX)) and issue an order of removal pursuant to the procedures set forth in this subsection or section 240. ``(2) Aliens described.--An alien is described in this paragraph if-- ``(A) the alien has not been granted a waiver under section 212(d)(3)(C); and ``(B) the alien-- ``(i) was not lawfully admitted for permanent residence at the time at which proceedings under this subsection commenced; or ``(ii) had permanent resident status on a conditional basis (as described in section 216) at the time that proceedings under this subsection commenced. ``(3) Expedited proceedings.--Proceedings under this subsection shall be in accordance with such regulations as the Secretary of Homeland Security shall prescribe. The Secretary shall ensure that-- ``(A) the alien is given reasonable notice of the charges and of the opportunity described in subparagraph (C); ``(B) the alien shall have the privilege of being represented (at no expense to the government) by such counsel, authorized to practice in such proceedings, as the alien shall choose; ``(C) the alien has a reasonable opportunity to inspect the evidence and rebut the charges; ``(D) a determination is made for the record that the individual upon whom the notice for the proceeding under this section is served (either in person or by mail) is, in fact, the alien named in such notice; ``(E) a record is maintained for judicial review; and ``(F) the final order of removal is not adjudicated by the same person who issues the charges. ``(4) Judicial review.--The Secretary of Homeland Security may not execute any order described in paragraph (1) until 14 calendar days have passed from the date that such order was issued, unless waived by the alien, in order that the alien has an opportunity to apply for judicial review under section 242. ``(5) Ineligibility for discretionary relief from removal.--No alien adjudicated inadmissible or deportable in a proceeding under this subsection shall be eligible for any relief from removal that the Secretary of Homeland Security may grant in the Secretary's discretion.''. SEC. 6. EFFECTIVE DATE; APPLICABILITY. This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to all aliens identified in the terrorist screening database (as such term is defined in section 2101(10) of the Homeland Security Act of 2002 (6 U.S.C. 621(10))) on or after such date.

This bill amends the Immigration and Nationality Act (INA) to make an alien, other than a lawful permanent resident, who is identified in the terrorist screening database inadmissible or deportable on terrorist grounds. The Department of Homeland Security (DHS), with the unanimous concurrence of the Department of Justice, the Federal Bureau of Investigation, the Director of National Intelligence, and the Department of State, may grant an individual a national security waiver to enter the United States temporarily as a nonimmigrant. An identified alien shall be ineligible for asylum, withholding or cancellation of removal, voluntary departure, adjustment of status, or acquisition of legal permanent residency through the registry provisions. DHS shall revise specified regulations implementing the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment to: (1) exclude identified aliens from the protection of such regulations, and (2) make such aliens ineligible for withholding or deferral of removal under INA. The bill provides that, with respect to an alien who has not been granted a waiver under this bill and who either is not lawfully admitted for permanent residence or has been granted conditional resident status: (1) DHS shall determine inadmissibility or deportability and issue an order of removal for an identified alien; and (2) in the case of an alien not issued an order of removal, DHS may determine inadmissibility or deportability and issue an order of removal based upon terrorist activity. Such expedited proceedings shall include specified protections for the alien in removal.

To amend the Immigration and Nationality Act to facilitate the removal of aliens identified in the terrorist screening database, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Congressionally Mandated Reports Act''. SEC. 2. ESTABLISHMENT OF WEBSITE FOR CONGRESSIONALLY MANDATED REPORTS. (a) Requirement To Establish Website.--Not later than one year after the date of the enactment of this Act, the Public Printer shall establish and maintain a website accessible by the public that allows the public to obtain electronic copies of all congressionally mandated reports in one place. The Public Printer may publish other reports on such website. (b) Content and Function.--The Public Printer shall ensure that the website required under subsection (a) includes the following: (1) With respect to each congressionally mandated report, each of the following: (A) A citation to the statute or conference report requiring the report. (B) An electronic copy of the report, including any transmittal letter associated with the report, in an open format that is platform independent and that is available to the public without restrictions, including restrictions that would impede the re-use of the information in the report. (C) The ability to retrieve a report, to the extent practicable, through searches based on each, and any combination, of the following: (i) The title of the report. (ii) The reporting Federal agency. (iii) The date of publication. (iv) Each congressional committee receiving the report, if applicable. (v) Subject tags. (vi) The serial number, Superintendent of Documents number, or other identification number for the report, if applicable. (vii) The statute or conference report requiring the report. (viii) Key words. (ix) Full text search. (x) Any other relevant information specified by the Public Printer. (D) The time and date when the report was required to be submitted, and when the report was submitted, to the website. (E) Access to the report not later than 30 calendar days after its submission to Congress. (F) To the extent practicable, a permanent means of accessing the report electronically. (2) A means for bulk download of all congressionally mandated reports or a selection of reports retrieved using a search. (3) A means for the head of each Federal agency to publish on the website each congressionally mandated report of the agency, as required by section 3. (4) A list form for all congressionally mandated reports that can be searched, sorted, and downloaded by-- (A) reports submitted within the required time; (B) reports submitted after the date on which such reports were required to be submitted; and (C) reports not submitted. (c) Free Access.--The Public Printer may not charge a fee, require registration, or impose any other limitation in exchange for access to the website required under subsection (a). (d) Upgrade Capability.--The website required under subsection (a) shall be enhanced and updated as necessary to carry out the purposes of this Act. SEC. 3. FEDERAL AGENCY RESPONSIBILITIES. (a) Submission of Electronic Copies of Reports.--The head of each Federal agency shall publish congressionally mandated reports of the agency on the website required under section 2(a)-- (1) in an open format that is platform independent, machine readable, and available to the public without restrictions (except the redaction of information described under section 5), including restrictions that would impede the re-use of the information in the reports; and (2) in accordance with the guidance issued under subsection (c). (b) Submission of Additional Information.--The head of each Federal agency shall submit to the Public Printer the information required under subparagraphs (A) through (D) of section 2(b)(1) with respect to each congressionally mandated report published pursuant to subsection (a). (c) Guidance.--Not later than eight months after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Public Printer, shall issue guidance to agencies on the implementation of this Act. SEC. 4. RELATIONSHIP TO REQUIREMENTS TO SUBMIT REPORTS TO CONGRESS. (a) Compliance With Statutory Requirement To Submit Reports.-- Notwithstanding any other provision of law, a Federal agency is deemed to have complied with a statutory requirement to submit a report to Congress if the agency completes each of the following, with respect to such report: (1) Publishes a complete and unredacted copy on the website required under section 2(a). (2) Notifies the Clerk of the House of Representatives, the Secretary of the Senate, and each congressional committee to which a report must be submitted of the report's availability on the website. (b) Removing and Altering Reports.--A report submitted to be published to the website required under section 2(a) may only be changed or removed, with the exception of technical changes, by the Federal agency with the express, written consent of each congressional committee to which the report must be submitted. SEC. 5. RELATIONSHIP TO FREEDOM OF INFORMATION ACT. Nothing in this Act shall be construed to require the disclosure of information or records that are exempt from public disclosure under section 552 of title 5, United States Code. If any information in a congressionally mandated report may not be publicly released under section 552(b) of title 5, United States Code, the Federal agency concerned shall redact from the report submitted to be published on the website established under section 2 only such information, shall indicate where such redactions were made in the report, and shall identify the exemption under which each such redaction is made. SEC. 6. DEFINITIONS. In this Act: (1) Congressionally mandated report.--The term ``congressionally mandated report'' means a report that is required to be submitted to either House of Congress or any committee of Congress by statute or by a conference report that accompanies legislation enacted into law. (2) Federal agency.--The term ``Federal agency'' has the meaning given that term under section 102 of title 40, United States Code, but does not include the Government Accountability Office. SEC. 7. IMPLEMENTATION. Except as provided in section 3(c), this Act shall be implemented not later than one year after the date of the enactment of this Act and shall apply with respect to congressionally mandated reports submitted to Congress on or after the date occurring one year after such date of enactment.

Access to Congressionally Mandated Reports Act - Requires the Public Printer to establish and maintain a website accessible by the public for obtaining electronic copies of all congressionally mandated reports in one place. Requires each federal agency to provide the Public Printer with an electronic copy of congressionally mandated reports for publication on the website.

A bill to require the Public Printer to establish and maintain a website accessible to the public that allows the public to obtain electronic copies of all congressionally mandated reports in one place, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Register Modernization Act''. SEC. 2. FEDERAL REGISTER MODERNIZATION. (a) References to Printing.--Chapter 15 of title 44, United States Code, is amended-- (1) in section 1502-- (A) in the heading, by striking ``printing'' and inserting ``publishing''; and (B) by striking ``printing and distribution'' and inserting ``publishing''; (2) in section 1507 is amended-- (A) by striking ``the duplicate originals or certified copies of the document have'' and inserting ``the document has''; and (B) in paragraph (2), by striking ``printed'' and inserting ``published''; and (3) in section 1509, in subsections (a) and (b) of, by striking ``printing, reprinting, wrapping, binding, and distributing'' and inserting ``publishing'', each place it appears. (b) Publish Defined.--Section 1501 of title 44, United States Code, is amended-- (1) by striking ``; and'' at the end of the definition for ``person'' and inserting a semicolon; (2) by inserting after the definition for ``person'' the following: ```publish' means to circulate for sale or distribution to the public; and''. (c) Filing Documents With Office Amendment.--Section 1503 of title 44, United States Code, is amended to read as follows: ``Sec. 1503. Filing documents with Office; notation of time; public inspection; transmission for publishing ``The original document required or authorized to be published by section 1505 of this title shall be filed with the Office of the Federal Register for publication at times established by the Administrative Committee of the Federal Register by regulation. The Archivist of the United States shall cause to be noted on the original of each document the day and hour of filing. Upon filing, the document shall be immediately available for public inspection in the Office. The original shall be retained by the National Archives and Records Administration and shall be available for inspection under regulations prescribed by the Archivist, unless such original is disposed of in accordance with disposal schedules submitted by the Administrative Committee and authorized by the Archivist pursuant to regulations issued under chapter 33 of this title; however, originals of proclamations of the President and Executive orders shall be permanently retained by the Administration as part of the National Archives of the United States. The Office shall transmit to the Government Printing Office, as provided by this chapter, each document required or authorized to be published by section 1505 of this title. Every Federal agency shall cause to be transmitted for filing the original of all such documents issued, prescribed, or promulgated by the agency.''. (d) Federal Register Amendment.--Section 1504 of title 44, United States Code, is amended to read as follows: ``Sec. 1504. `Federal Register'; publishing; contents; distribution; price ``Documents required or authorized to be published by section 1505 of this title shall be published immediately by the Government Printing Office in a serial publication designated the `Federal Register'. The Public Printer shall make available the facilities of the Government Printing Office for the prompt publication of the Federal Register in the manner and at the times required by this chapter and the regulations prescribed under it. The contents of the daily issues shall constitute all documents, required or authorized to be published, filed with the Office of the Federal Register up to the time of the day immediately preceding the day of publication fixed by regulations under this chapter. There shall be published with each document a copy of the notation, required to be made by section 1503 of this title, of the day and hour when, upon filing with the Office, the document was made available for public inspection. Distribution shall be made at a time in the morning of the day of distribution fixed by regulations prescribed under this chapter. The prices to be charged for the Federal Register may be fixed by the Administrative Committee of the Federal Register established by section 1506 of this title without reference to the restrictions placed upon and fixed for the sale of Government publications by sections 1705 and 1708 of this title.''. (e) Documents To Be Published in Federal Register.--Section 1505 of title 44, United States Code, is amended-- (1) in subsection (b)-- (A) in the heading, by striking ``Comments'' and inserting ``News Commentary''; and (B) by striking ``comments'' and inserting ``news commentary''; and (2) in subsection (c), in the matter following paragraph (2)-- (A) by inserting ``telecommunications, the Internet,'' after ``the press, the radio,''; and (B) by striking ``and two duplicate originals or two certified copies'' and inserting ``document''. (f) Administrative Committee of the Federal Register Amendment.-- Section 1506 of title 44, United States Code, is amended to read as follows: ``Sec. 1506. Administrative Committee of the Federal Register; establishment and composition; powers and duties ``The Administrative Committee of the Federal Register shall consist of the Archivist of the United States or Acting Archivist, who shall chair the committee, an officer of the Department of Justice designated by the Attorney General, and the Public Printer or Acting Public Printer. The Director of the Federal Register shall act as secretary of the committee. The committee shall prescribe, with the approval of the President, regulations for carrying out this chapter. The regulations shall provide for, among other things-- ``(1) the documents which shall be authorized under section 1505(b) of this title to be published in the Federal Register; ``(2) the manner and form in which the Federal Register shall be published; ``(3) the manner of distribution to Members of Congress, officers and employees of the United States, or Federal agency, for official use, and the number which shall be available for distribution to the public; ``(4) the prices to be charged for individual copies of, and subscriptions to, the Federal Register and any reprints and bound volumes of it; ``(5) the manner and form by which the Federal Register may receive information and comments from the public, if practicable and efficient; and ``(6) special editions of the Federal Register.''. (g) Code of Federal Regulations Amendment.--Section 1510 of title 44, United States Code, is amended to read as follows: ``Sec. 1510. Code of Federal Regulations ``(a) Special Edition for Codification of Agency Documents.--The Administrative Committee of the Federal Register, with the approval of the President, may require, from time to time as it considers necessary, the preparation and publication in a special edition of the Federal Register a complete codification of the documents of each agency of the Government having general applicability and legal effect, issued or promulgated by the agency by publication in the Federal Register or by filing with the Administrative Committee, and which are relied upon by the agency as authority for, or are invoked or used by it in the discharge of, its activities or functions, and are in effect as to facts arising on or after dates specified by the Administrative Committee. ``(b) Code of Federal Regulations.--A codification prepared under subsection (a) of this section shall be published and shall be designated as the `Code of Federal Regulations'. The Administrative Committee shall regulate the manner and forms of publishing this codification. ``(c) Supplementation, Collation, and Republication.--The Administrative Committee shall regulate the supplementation and the collation and republication of the codification with a view to keeping the Code of Federal Regulations as current as practicable. Each unit of codification shall be supplemented and republished at least once each calendar year. The Office of the Federal Register may create updates of each unit of codification from time to time and make the same available electronically or may provide public access using an electronic edition that allows a user to select a specific date and retrieve the version of the codification in effect as of that date. ``(d) Preparation and Publication by the Federal Register.--The Office of the Federal Register shall prepare and publish the codifications, supplements, collations, and user aids authorized by this section. ``(e) Prima Facie Evidence.--The codified documents of the several agencies published in the Code of Federal Regulations under this section, as amended by documents subsequently filed with the Office and published in the daily issues of the Federal Register, shall be prima facie evidence of the text of the documents and of the fact that they are in effect on and after the date of publication. ``(f) Regulations.--The Administrative Committee, with approval of the President, shall issue regulations for carrying out this section. ``(g) Exception.--This section does not require codification of the text of Presidential documents published and periodically compiled in supplements to title 3 of the Code of Federal Regulations.''. (h) Technical and Conforming Amendments.--The table of sections for chapter 15 of title 44, United States Code, is amended by striking the items related to sections 1502, 1503, and 1504 and inserting the following: ``1502. Custody and publishing of Federal documents; appointment of Director. ``1503. Filing documents with Office; notation of time; public inspection; transmission for publishing. ``1504. `Federal Register'; publishing; contents; distribution; price.''. Passed the House of Representatives July 14, 2014. Attest: KAREN L. HAAS, Clerk.

. Federal Register Modernization Act - Requires the Federal Register to be published (e.g., by electronic means), rather than printed, and that documents in the Federal Register be made available for sale or distribution to the public in published form. Revises requirements for the filing of documents with the Office of the Federal Register for inclusion in the Federal Register and for the publication of the Code of Federal Regulations to reflect the publication requirement.

Federal Register Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Executive Organization Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Commission on Executive Organization'' (hereinafter in this Act referred to as the ``Commission''). SEC. 3. FUNCTIONS OF COMMISSION; REPORT; IMPLEMENTATION OF RECOMMENDATIONS. (a) Functions.--The Commission shall examine and make recommendations with respect to an effective and practicable organization of the executive branch of the Federal Government, including recommendations regarding-- (1) criteria for use by the President and the Congress in evaluating proposals for changes in the structure of the executive branch of the Federal Government, including criteria for use by the President and the Congress in evaluating and overseeing Government-sponsored enterprises, Government corporations, and independent agencies; (2) the organization of the executive branch into not more than 8 departments, which shall include the Department of State, the Department of the Treasury, the Department of Justice, and the Department of Defense; (3) the reorganization of independent agencies and Government corporations; (4) the most effective and practicable structure of the Executive Office of the President for conducting oversight of the executive branch, and criteria for use by such Office in evaluating and overseeing the performance of the executive branch; and (5) functions being performed by Federal Government agencies as of the effective date of this Act that should be performed by State or local agencies or by the private sector. The Commission shall seek to reduce the total number of individuals employed by the Federal Government by 5 percent within 5 years after the effective date of this Act. (b) Report.--The Commission, by not later than 6 months after the completion of appointment of the members of the Commission, shall submit a report to the President which contains a detailed statement of-- (1) its recommendations under subsection (a); and (2) legislative changes necessary to implement such recommendations. (c) Implementation of Recommendations.-- (1) Executive order.--The President, by as soon as practicable after the date of the receipt by the President of the Commission report under subsection (b), shall issue an Executive order which implements the recommendations made in the report. (2) Report to congress.--The President, by not later than the date the President issues an Executive order under paragraph (1), shall transmit to the Congress a report containing the recommendations for legislation submitted by the Commission under subsection (b)(2). SEC. 4. MEMBERSHIP OF COMMISSION. (a) In General.--The Commission shall consist of 7 members, as follows: (1) The Secretary of State. (2) The Secretary of the Treasury. (3) The Attorney General of the United States. (4) The Secretary of Defense. (5) The Director of the Office of Management and Budget. (6) 2 members appointed by the President from among other officials in the executive branch of the Federal Government. (b) Completion of Appointments.--The President, by not later than 30 days after the effective date of this Act, shall complete appointment of members of the Commission pursuant to subsection (a)(6) and identify those appointees to the Congress. (c) Chairman.--The President shall designate a member of the Commission to be its Chairman. SEC. 5. RESTRICTION ON PAY, ALLOWANCES, AND BENEFITS. A member of the Commission shall receive no pay, allowances, or benefits by reason of his or her service on the Commission. SEC. 6. POWERS OF COMMISSION. (a) Meetings.--The Commission may, for the purpose of carrying out this section, hold such hearings and sit and act at such times and places, as the Commission considers appropriate. (b) Rules.--The Commission may adopt such rules as may be necessary to establish procedures and to govern the manner of the operation, organization, and personnel of the Commission. (c) Assistance From Federal Agencies.-- (1) Information.--The Commission may request from the head of any department, agency, or other instrumentality of the Federal Government such information as the Commission may require for the purpose of carrying out this Act. The head of such department, agency, or instrumentality shall, to the extent otherwise permitted by law, furnish such information to the Commission upon request made by the Chairman. (2) Facilities, services, and personnel.--Upon request of the Chairman of the Commission, the head of any department, agency, or other instrumentality of the Federal Government shall, to the extent possible and subject to the discretion of such head-- (A) make any of the facilities and services of such department, agency, or instrumentality available to the Commission; and (B) detail any of the personnel of such department, agency, or instrumentality to the Commission, on a non reimbursable basis, to assist the Commission in carrying out the duties of the Commission under this Act. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as the departments and agencies of the Federal Government. (e) Contracts for Research and Surveys.--The Commission may, to such extent and in such amounts as are provided in appropriations Acts, enter into contracts with State agencies, private firms, institutions, and individuals for the purpose of conducting research or surveys necessary to enable the Commission to discharge the duties of the Commission under this Act. (f) Executive Director and Staff.--Subject to such rules and regulations as may be adopted by the Commission, the Chairman of the Commission may appoint, terminate, and fix the pay of an Executive Director and of such additional staff as the Chairman considers appropriate to assist the Commission. The Chairman may fix the pay of personnel appointed under this subsection without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code (relating to the number or classification of employees and to rates of pay), the provisions of such title governing appointments in the competitive service, and any other similar provision of law; except that no rate of pay fixed under this subsection may exceed a rate equal to the maximum rate of pay payable for a position above GS-15 of the General Schedule under section 5108 of such title. SEC. 7. APPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT. The Commission shall be an advisory committee for purposes of the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 8. TERMINATION OF COMMISSION. The Commission shall cease to exist on the date that is 30 days after the date on which the Commission submits the report required under section 3(b). SEC. 9. PREPARATION FOR THE COMMISSION. Not later than 90 days after the effective date of this Act, the Comptroller General of the United States, the Director of the Congressional Research Service, the Director of the Congressional Budget Office, and the Director of the Office of Technology Assessment shall each submit to the Commission an index to, and synopses of, materials on executive organization that such official considers useful to the Commission. Subject to laws governing the disclosure of classified or otherwise restricted information, such materials may include reports, analyses, recommendations, and results of research of such organizations. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission not more than $1,500,000 for carrying out this Act. SEC. 11. EFFECTIVE DATE. This Act shall take effect on February 1, 1994.

Commission on Executive Organization Act - Establishes the Commission on Executive Organization to examine and make recommendations with respect to an effective and practicable organization of the executive branch. Requires the Commission to seek to reduce the total number of Federal employees by five percent within five years after the effective date of this Act. Requires the Commission to submit a report to the President describing its recommendations and legislative changes necessary to implement such recommendations. Requires the President to: (1) issue an Executive order implementing the recommendations made in the report; and (2) report to the Congress on the Commission's recommendations for legislation. Requires the Directors of the Congressional Research Service, the Congressional Budget Office, and the Office of Technology Assessment to submit to the Commission indices to, and synopses of, materials on executive organization useful to the Commission. Authorizes appropriations.

Commission on Executive Organization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``BASIC Research Act''. SEC. 2. REVIEW PANELS. (a) Inclusion on Review Panels.--Notwithstanding any other provision of law, each review panel for a specific Federal research grant shall include-- (1) at least one individual who is not professionally affiliated with any academic or research institution, has not been professionally affiliated in the 10 years preceding the date of inclusion on the panel, and is an expert in a field unrelated to the field of research under which the grant proposal was submitted; and (2) at least one individual who shall serve primarily as a ``taxpayer advocate'' (defined as someone whose main focus is on the value proposed research delivers to the taxpayer). (b) Prohibition on Receiving Recommendations From Grant Applicants on Review Panel.--Notwithstanding any other provision of law, each agency that awards a Federal research grant shall not accept recommendations from an applicant for such grant as to who should or should not be on the grant review panel for such applicant. (c) Nondisclosure of Members of Grant Review Panel.-- Notwithstanding any other provision of law, each agency that awards a Federal research grant shall not disclose, either publicly or privately, to an applicant for such grant the identity of any member of the grant review panel for such applicant. SEC. 3. SPECIAL INSPECTOR GENERAL AND TAXPAYER ADVOCATE FOR RESEARCH. (a) Establishment.-- (1) In general.--There is established an Office of the Special Inspector General and Taxpayer Advocate for Research. (2) Head of office.--There shall be at the head of the Office described in paragraph (1) the Special Inspector General and Taxpayer Advocate for Research, who shall be appointed by the President, by and with the advice and consent of the Senate. (b) Transfer of Functions and Savings.-- (1) Definitions.--In this subsection, unless otherwise provided or indicated by the context-- (A) the term ``Federal agency'' has the meaning given to the term ``agency'' by section 551(1) of title 5, United States Code; (B) the term ``function'' means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and (C) the term ``office'' includes any office, administration, agency, institute, unit, organizational entity, or component thereof. (2) Transfer.--There are transferred to the Office of the Special Inspector General and Taxpayer Advocate for Research all functions which the Office of Inspector General of the National Science Foundation exercised before the date of enactment of this Act (including all related functions of any officer or employee of the Office of Inspector General of the National Science Foundation). (3) Rules.--The Office of the Special Inspector General and Taxpayer Advocate for Research is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Office of the Special Inspector General and Taxpayer Advocate for Research determines necessary or appropriate to administer and manage the functions of the Office of the Special Inspector General and Taxpayer Advocate for Research. (4) Transfer and allocations of appropriations and personnel.--Except as otherwise provided in this subsection, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by this subsection, subject to section 1531 of title 31, United States Code, shall be transferred to the Office of the Special Inspector General and Taxpayer Advocate for Research. Unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds were originally authorized and appropriated. (5) Savings provisions.-- (A) Continuing effect of legal documents.--All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions-- (i) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this subsection; and (ii) which are in effect at the time this subsection takes effect, or were final before the effective date of this subsection and are to become effective on or after the effective date of this subsection, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Office of the Special Inspector General and Taxpayer Advocate for Research or other authorized official, a court of competent jurisdiction, or by operation of law. (B) Proceedings not affected.--The provisions of this subsection shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Office of Inspector General of the National Science Foundation at the time this subsection takes effect, with respect to functions transferred by this subsection but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this subsection had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subparagraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this subsection had not been enacted. (C) Suits not affected.--The provisions of this subsection shall not affect suits commenced before the effective date of this subsection, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this subsection had not been enacted. (D) Nonabatement of actions.--No suit, action, or other proceeding commenced by or against the Office of Inspector General of the National Science Foundation, or by or against any individual in the official capacity of such individual as an officer of the Office of Inspector General of the National Science Foundation, shall abate by reason of the enactment of this subsection. (E) Administrative actions relating to promulgation of regulations.--Any administrative action relating to the preparation or promulgation of a regulation by the Office of Inspector General of the National Science Foundation relating to a function transferred under this subsection may be continued by the Office of the Special Inspector General and Taxpayer Advocate for Research with the same effect as if this subsection had not been enacted. (c) Powers and Authorities.-- (1) Duties.--In addition to the duties otherwise described in this section, the Special Inspector General and Taxpayer Advocate for Research shall also have the duties and responsibilities of inspectors general under the Inspector General Act of 1978 (5 U.S.C. App.). (2) Authorities.--In carrying out the duties described in paragraph (1) and otherwise described in this section, the Special Inspector General and Taxpayer Advocate for Research shall have the authorities provided in section 6 of the Inspector General Act of 1978 (5 U.S.C. App.). (d) Focus and Review.--The focus of the Office of the Special Inspector General and Taxpayer Advocate for Research shall be to review Federal grant projects to determine if the research will deliver value to the taxpayers by randomly selecting Federal grants for review after awards are made but prior to distribution of funds. (e) Grant Support.--For a Federal grant reviewed under subsection (d) to receive the grant funds, the grant shall receive the support of the Office of the Special Inspector General and Taxpayer Advocate for Research. SEC. 4. PUBLIC ACCESSIBILITY OF RESEARCH FUNDED BY TAXPAYERS. (a) Definition of Federal Agency.--In this section, the term ``Federal agency'' means an Executive agency, as defined under section 105 of title 5, United States Code. (b) Federal Research Public Access Policy.-- (1) Requirement to develop policy.-- (A) In general.--Not later than 1 year after the date of enactment of this section, each Federal agency with annual extramural research expenditures of over $100,000,000 shall develop a Federal research public access policy that is consistent with and advances the purposes of the Federal agency. (B) Common procedures.--To the extent practicable, Federal agencies required to develop a policy under subparagraph (A) shall follow common procedures for the collection and depositing of research papers. (2) Content.--Each Federal research public access policy shall provide for-- (A) submission to a digital repository designated or maintained by the Federal agency of an electronic version of the author's final manuscript of original research papers that have been accepted for publication in peer-reviewed journals and that result from research supported, in whole or in part, from funding by the Federal Government; (B) the incorporation of all changes resulting from the peer review publication process in the manuscript described under subparagraph (A); (C) the replacement of the final manuscript with the final published version if-- (i) the publisher consents to the replacement; and (ii) the goals of the Federal agency for functionality and interoperability are retained; (D) free online public access to such final peer- reviewed manuscripts or published versions within a time period that is appropriate for each type of research conducted or sponsored by the Federal agency, not later than 12 months after publication in peer- reviewed journals, preferably sooner, or as adjusted under established mechanisms; (E) a means, using established mechanisms for making requests to the applicable Federal agency, for members of the public and other stakeholders to request to adjust the period before such a final peer-reviewed manuscript or published version is made publicly available by presenting evidence demonstrating that the period is inconsistent with the objectives of the Federal research public access policy or the needs of the public, industry, or the scientific community; (F) providing research papers as described in subparagraph (D) in formats and under terms that enable productive reuse of the research and computational analysis by state-of-the-art technologies; (G) improving the ability of the public to locate and access research papers made accessible under the Federal research public access policy; and (H) long-term preservation of, and free public access to, published research findings-- (i) in a stable digital repository maintained by the Federal agency; or (ii) if consistent with the purposes of the Federal agency, in any repository meeting conditions determined favorable by the Federal agency, including free public access, interoperability, and long-term preservation. (3) Application of policy.--Each Federal research public access policy shall-- (A) apply to-- (i) researchers employed by the Federal agency whose works remain in the public domain; and (ii) researchers funded by the Federal agency; (B) provide that works described under subparagraph (A)(i) shall be-- (i) marked as being public domain material when published; and (ii) made available at the same time such works are made available under paragraph (2)(D); and (C) make effective use of any law or guidance relating to the creation and reservation of a Government license that provides for the reproduction, publication, release, or other uses of a final manuscript for Federal purposes. (4) Exclusions.--Each Federal research public access policy shall not apply to-- (A) research progress reports presented at professional meetings or conferences; (B) laboratory notes, preliminary data analyses, notes of the author, phone logs, or other information used to produce final manuscripts; (C) classified research, research resulting in works that generate revenue or royalties for authors (such as books) or patentable discoveries, to the extent necessary to protect a copyright or patent; or (D) authors who do not submit their work to a journal or works that are rejected by journals. (5) Patent or copyright law.--Nothing in this section shall be construed to affect any right under the provisions of title 17 or 35, United States Code. (6) GAO report.--Not later than 3 years after the date of enactment of this section, and every 5 years thereafter, the Comptroller General of the United States shall submit to Congress a report that-- (A) includes an analysis of the period between the date on which each paper becomes publicly available in a journal and the date on which the paper is in the online repository of the applicable Federal agency; and (B) examines the effectiveness of the Federal research public access policy in providing the public with free online access to papers on research funded by each Federal agency required to develop a policy under paragraph (1)(A), including-- (i) whether the terms of use applicable to such research papers in effect are effective in enabling productive reuse of the research and computational analysis by state-of-the-art technologies; and (ii) examines whether such research papers should include a royalty-free copyright license that is available to the public and that permits the reuse of those research papers, on the condition that attribution is given to the author or authors of the research and any others designated by the copyright owner. SEC. 5. DOWNSTREAM REPORTING. Any person or institution awarded a Federal grant shall submit a statement to the head of the agency that awarded the Federal grant certifying that-- (1) no funds derived from the grant will be made available through a subgrant or subsequent grant (including to an employee or subdivision of the grant recipient's organization) unless the name of such recipient, their organization of affiliation, the intended uses and purposes of such funds, and specific amounts subgranted or subsequently granted funds are disclosed to the head of the agency that awarded the Federal grant for publication on a publicly accessible website; and (2) each subgrant or subsequent grant award (including to an employee or subdivision of the grant recipient's organization) funded with funds derived from the Federal grant is within the scope of the Federal grant award. SEC. 6. GRANT APPLICATIONS PUBLICLY AVAILABLE. Notwithstanding any other provision of law, each application for a Federal grant shall be made publicly available. SEC. 7. IMPARTIALITY IN FUNDING SCIENTIFIC RESEARCH. Notwithstanding any other provision of law, each Federal agency, in awarding grants for scientific research, shall be impartial and shall not seek to advance any political position or fund a grant to reach a predetermined conclusion.

BASIC Research Act This bill requires each review panel for a federal research grant to include: (1) at least one individual who is not professionally affiliated with any academic or research institution, has not been professionally affiliated in the preceding 10 years, and is an expert in a field unrelated to that under which the grant proposal was submitted; and (2) at least one individual who shall serve primarily as a taxpayer advocate. Each agency that awards such a grant shall not accept recommendations from an applicant as to who should be on the panel or disclose the identity of any panel member to an applicant. The bill: (1) establishes an Office of the Special Inspector General and Taxpayer Advocate for Research (OSIGTA), which shall randomly select grants for review to determine if the research will deliver value to the taxpayers; and (2) transfers to the OSIGTA all functions which the Office of Inspector General of the National Science Foundation previously exercised. A grant must have OSIGTA's support to receive funds. Each agency with annual extramural research expenditures of over $100 million must develop a federal research public access policy that is consistent with and advances the purposes of the agency and that meets specified requirements. Any person or institution awarded a grant shall submit a statement to the agency that awarded the grant certifying that: (1) no funds derived from the grant will be made available through a subgrant or subsequent grant unless the recipient's name, its organization of affiliation, the intended uses and purposes of funds, and specific amounts subgranted or subsequently granted funds are disclosed to the agency for publication on a publicly accessible website; and (2) each subgrant or subsequent grant award funded is within the scope of the grant award. Each grant application shall be made publicly available. Each agency, in awarding grants for scientific research, shall be impartial and shall not seek to advance any political position or fund a grant to reach a predetermined conclusion.

BASIC Research Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Aquatic Animal Health Act of 2007''. SEC. 2. OVERSIGHT OF NATIONAL AQUATIC ANIMAL HEALTH PLAN. (a) Definitions.--In this section: (1) Advisory committee.--The term ``advisory committee'' means the General Advisory Committee for Oversight of National Aquatic Animal Health established under subsection (b)(1). (2) Plan.--The term ``plan'' means the national aquatic animal health plan developed by the National Aquatic Animal Health Task Force, composed of representatives of the Department of Agriculture, the Department of Commerce (including the National Oceanic and Atmospheric Administration), and the Department of the Interior (including the United States Fish and Wildlife Service). (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service. (b) General Advisory Committee for Oversight of National Aquatic Animal Health.-- (1) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with States and the private sector, shall establish an advisory committee, to be known as the ``General Advisory Committee for Oversight of National Aquatic Animal Health''. (2) Membership.-- (A) Composition.--The advisory committee shall-- (i) be composed equally of representatives of-- (I) State and tribal governments; and (II) commercial aquaculture interests; and (ii) consist of not more than 20 members, to be appointed by the Secretary, of whom-- (I) not less than 3 shall be representatives of Federal departments or agencies; (II) not less than 6 shall be representatives of State or tribal governments that elect to participate in the plan under subsection (d); (III) not less than 6 shall be representatives of affected commercial aquaculture interests; and (IV) not less than 2 shall be aquatic animal health experts, as determined by the Secretary. (B) Nominations.--The Secretary shall publish in the Federal Register a solicitation for, and may accept, nominations for members of the advisory committee from appropriate entities, as determined by the Secretary. (c) Recommendations.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the advisory committee shall develop and submit to the Secretary recommendations regarding-- (A) the establishment and membership of appropriate expert and representative commissions to efficiently implement and administer the plan; (B) disease- and species-specific best management practices relating to activities carried out under the plan; and (C) the establishment and administration of the indemnification fund under subsection (e). (2) Factors for consideration.--In developing recommendations under paragraph (1), the advisory committee shall take into consideration all emergency aquaculture-related projects that have been or are being carried out under the plan as of the date of submission of the recommendations. (d) Participation by State and Tribal Governments and Private Sector.-- (1) In general.--Any State or tribal government, and any entity in the private sector, may elect to participate in the plan. (2) Duties.--On election by a State or tribal government or entity in the private sector to participate in the plan under paragraph (1), the State or tribal government or entity shall-- (A) submit to the Secretary-- (i) a notification of the election; and (ii) nominations for members of the advisory committee, as appropriate; and (B) as a condition of participation, enter into an agreement with the Secretary under which the State or tribal government or entity-- (i) assumes responsibility for a portion of the non-Federal share of the costs of carrying out the plan, as described in paragraph (3); and (ii) agrees to act in accordance with applicable disease- and species-specific best management practices relating to activities carried out under the plan by the State or tribal government or entity, as the Secretary determines to be appropriate. (3) Non-federal share.-- (A) In general.--Subject to subparagraph (B), the non-Federal share of the cost of carrying out the plan-- (i) shall be determined-- (I) by the Secretary, in consultation with the advisory committee; and (II) on a case-by-case basis for each project carried out under the plan; and (ii) may be provided by State and tribal governments and entities in the private sector in cash or in-kind. (B) Deposits into indemnification fund.--The non- Federal share of amounts in the indemnification fund under subsection (e) provided by each State or tribal government or entity in the private sector shall be-- (i) zero with respect to the initial deposit into the fund; and (ii) determined on a case-by-case basis for each project carried out under the plan. (e) Indemnification Fund.-- (1) Establishment.--The Secretary, in consultation with the advisory committee, shall establish a fund, to be known as the ``indemnification fund'', consisting of-- (A) such amounts as are initially deposited into the fund by the Secretary under subsection (g)(1); and (B) such amounts as are deposited into the fund by the Secretary, State and tribal governments, and entities in the private sector for specific activities under the plan. (2) Uses.--The Secretary shall use amounts in the indemnification fund only to compensate aquatic farmers-- (A) the entire inventory of livestock or agricultural products of which is eradicated as a result of a disease control or eradication measure carried out under the plan; or (B) for the cost of disinfecting and cleaning products or equipment in response to a depopulation order carried out under the plan. (3) Unused amounts.--Amounts remaining in the indemnification fund on September 30 of the fiscal year for which the amounts were appropriated-- (A) shall remain in the fund; (B) may be used in any subsequent fiscal year in accordance with paragraph (2); and (C) shall not be reprogrammed by the Secretary for any other use. (f) Review.--Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the advisory committee, shall review, and submit to Congress a report regarding-- (1) activities carried out under the plan during the preceding 2 years; (2) activities carried out by the advisory committee; and (3) recommendations for funding for subsequent fiscal years to carry out this section. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2008 and 2009, of which-- (1) not less than 50 percent shall be deposited into the indemnification fund established under subsection (e) for use in accordance with that subsection; and (2) not more than 50 percent shall be used for the costs of carrying out the plan, including the costs of-- (A) administration of the plan; (B) implementation of the plan; (C) training and laboratory testing; (D) cleaning and disinfection associated with depopulation orders; and (E) public education and outreach activities.

National Aquatic Animal Health Act of 2007 - Directs the Secretary of Agriculture to: (1) establish the General Advisory Committee for Oversight of National Aquatic Animal Health which shall make recommendations regarding the national aquatic animal health plan (developed by the National Aquatic Animal Health Task Force); and (2) establish an indemnification fund to compensate aquatic farmers for livestock or agricultural products lost in disease control measures or for related equipment disinfecting costs.

A bill to require the Secretary of Agriculture to establish an advisory committee to develop recommendations regarding the national aquatic animal health plan developed by the National Aquatic Animal Health Task Force, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Breaking Down Barriers to Innovation Act of 2015''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Librarian of Congress (referred to in this section as the ``Librarian'') should ensure that noninfringing uses of copyrighted works, as well as activities unrelated to the copyrighted works, are not unduly burdened by the application of section 1201 of title 17, United States Code; (2) the Librarian should apply section 1201 of title 17, United States Code, in a manner that strikes a balance between the ability of persons to make noninfringing use of copyrighted works and the legitimate protection of intellectual property rights; (3) the Librarian, in considering whether to grant exemptions to the prohibition on the circumvention of technological protection measures, should recognize that such measures prevent persons from undertaking activities unrelated to the use of copyrighted works; and (4) the Librarian-- (A) should not impose undue burdens on proponents of exemptions; and (B) should ensure that the rulemaking process for considering exemptions is responsive to changes in the technological landscape. SEC. 3. CIRCUMVENTION OF COPYRIGHT PROTECTION SYSTEMS. (a) Violations Regarding Circumvention of Technological Measures.-- (1) In general.--Section 1201(a)(1) of title 17, United States Code, is amended-- (A) in subparagraph (A), by striking the second sentence; (B) in subparagraph (C)-- (i) in the matter preceding clause (i)-- (I) by striking ``During the 2-year period described in subparagraph (A), and during each succeeding 3-year period,'' and inserting ``Every 3 years,''; and (II) by striking ``the Librarian shall examine'' and inserting ``the Librarian shall consider, if applicable''; (ii) in clause (i), by striking ``the availability for use of copyrighted works'' and inserting ``any reduction in the availability for use of copyrighted works as a result of the prohibition on the circumvention of technological measures''; (iii) in clause (iii), by striking ``or research'' and inserting the following: ``repair, recycling, research, or other fair uses, and on access to information not subject to copyright protection''; (iv) by redesignating clauses (iv) and (v) as clauses (vi) and (vii), respectively; and (v) by inserting after clause (iii) the following: ``(iv) the impact that the prohibition on the circumvention of technological measures has on the accessibility of works and technologies for persons with disabilities; ``(v) the impact that the prohibition on the circumvention of technological measures has on the furtherance of security research;''; (C) by redesignating subparagraph (D) as subparagraph (F); (D) by striking subparagraph (E); (E) by inserting after subparagraph (C) the following: ``(D) In making a determination under subparagraph (C), the Librarian-- ``(i) shall consider the totality of the evidence available to the Librarian; and ``(ii) may not assign the burden of proof to a proponent of an exemption. ``(E) The Librarian, at the discretion of the Librarian, may conduct a rulemaking proceeding under subparagraph (C) outside of the 3-year review process described in that subparagraph if the Librarian determines that it is substantially likely that persons who are users of a copyrighted work which is in a particular class of works are, or are likely to be in the succeeding 3-year period, adversely affected by virtue of the prohibition under subparagraph (A) in their ability to make noninfringing uses of that particular class of works under this title.''; (F) in subparagraph (F), as redesignated-- (i) by striking ``The Librarian'' and inserting ``(i) The Librarian''; (ii) by striking ``adversely affected, and the prohibition'' and inserting the following: ``adversely affected. ``(ii) The prohibition''; and (iii) by adding at the end the following: ``(iii) At the end of each 3-year period described in subparagraph (C), the Librarian shall renew for the ensuing 3-year period each exemption granted under subparagraph (C) unless the Librarian determines that, as a result of changed circumstances, it is unlikely that any persons who are users of a copyrighted work in the class of copyrighted works to which the exemption relates will be adversely affected by virtue of the prohibition under subparagraph (A) in their ability to make noninfringing uses of that particular class of works under this title.''; and (G) by inserting after subparagraph (F), as redesignated, the following: ``(G) For purposes of this paragraph-- ``(i) persons are `adversely affected' if a technological measure that effectively controls access to a work which is in a particular class of copyrighted works diminishes the ability of the persons to make noninfringing uses of that particular class of works under this title; ``(ii) if a technological measure inhibits noninfringing uses of a work which is in a particular class of copyrighted works relating to improving accessibility of works or technologies for persons with disabilities, there shall be a presumption that persons who use that particular class of work are likely to be adversely affected; and ``(iii) the Librarian may find that a use of a work is noninfringing based upon the totality of the circumstances, including-- ``(I) the presence of supporting judicial precedent; ``(II) the absence of contrary judicial precedent; ``(III) the intent of Congress; and ``(IV) any other factors relevant to-- ``(aa) assessing the applicability of copyright protection; or ``(bb) exceptions to or limitations on copyright protection.''. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Librarian of Congress, in consultation with the Register of Copyrights and the Assistant Secretary for Communications and Information of the Department of Commerce, shall-- (A) conduct a study, including by soliciting public comment, on-- (i) ways to ease the burden on persons requesting an exemption under section 1201(a)(1)(C) of title 17, United States Code, as amended by paragraph (1); (ii) how the process for requesting and granting exemptions described in clause (i) can be used to foster security research; and (iii) how the process for requesting and granting exemptions described in clause (i) can be expanded to enable the sale and dissemination of circumvention tools, as described in subsections (a)(2) and (b)(1) of section 1201 of title 17, United States Code, for the sole purposes of enabling circumventions with respect to the classes of copyrighted works that the Librarian has published under subparagraph (F) of subsection (a)(1) of such section, as redesignated by paragraph (1); and (B) shall submit to Congress a report on the study conducted under subparagraph (A) that includes-- (i) proposed legislation to achieve the goals described in clauses (i) and (ii) of subparagraph (A); and (ii) a description of any obstacles to the expansion described in clause (iii) of subparagraph (A) and proposed legislation for achieving such an expansion. (b) Reverse Engineering.--Section 1201(f) of title 17, United States Code, is amended-- (1) in paragraph (1), by striking ``for the sole purpose'' and all that follows through ``engaging in the circumvention'' and inserting the following: ``for the sole purpose of undertaking activities aimed at achieving interoperability of an independently created computer program with other programs''; (2) in paragraph (2), by striking ``in order to enable'' and all that follows through ``achieve such interoperability'' and inserting the following: ``for the activities described under paragraph (1), or for the purpose of enabling interoperability of an independently created computer program with other programs''; and (3) in paragraph (3), by striking ``if the person'' and all that follows through ``other programs, and''. (c) Encryption Research.--Section 1201(g) of title 17, United States Code, is amended-- (1) in paragraph (1)(A)-- (A) by striking ``activities necessary to identify and analyze flaws'' and inserting ``activities relating to the identification and analysis of flaws''; and (B) by striking ``to advance the state of knowledge in the field of encryption technology'' and inserting ``for research purposes''; (2) in paragraph (2)-- (A) in subparagraph (B), by striking ``necessary to conduct'' and inserting ``undertaken in the course of conducting''; and (B) in subparagraph (D), by striking all that follows ``infringement under this title'' and inserting a period; (3) by striking paragraphs (3) and (5); (4) by redesignating paragraph (4) as paragraph (3); and (5) in paragraph (3)(B), as redesignated, by striking ``with whom he or she is working collaboratively''. (d) Protection of Personally Identifying Information.--Section 1201(i)(1)(D) of title 17, United States Code, is amended-- (1) by striking ``solely''; and (2) by striking ``who seeks to gain access to the work protected, and is not in violation of any other law''. (e) Security Testing.--Section 1201(j) of title 17, United States Code, is amended-- (1) in paragraph (2), by striking all that follows ``infringement under this title'' and inserting a period; (2) by striking paragraph (3); (3) by redesignating paragraph (4) as paragraph (3); and (4) in paragraph (3), as redesignated, by striking ``subsection (2)'' and all that follows and inserting ``paragraph (2)''.

Breaking Down Barriers to Innovation Act of 2015 Revises procedures established under the Digital Millennium Copyright Act for the Librarian of Congress to conduct an administrative rulemaking every three years to determine whether to exempt certain noninfringing uses of a copyrighted work from the statutory prohibition on circumventing a technological measure controlling access to a particular class of work. Requires the Librarian, when evaluating whether to allow an administrative exemption, to consider the impact of the circumvention prohibition on: (1) any reduction in the availability for use of copyrighted works; (2) repairs, recycling, or other fair uses when applied to copyrighted works, as well as access to information not subject to copyright protection; (3) accessibility of works and technologies for persons with disabilities; and (4) security research. Prohibits the Librarian from placing the burden of proof on the proponent of an exemption. Requires consideration of the totality of the evidence. Allows the Librarian to make administrative exemption determinations through rulemaking proceedings outside of the three-year review process if it is substantially likely that users of a copyrighted work are, or are likely to be in the succeeding three-year period, adversely affected by virtue of the prohibition in their ability to make noninfringing uses. Requires the Librarian to automatically renew for an ensuing three-year period any exemptions granted under a rulemaking unless, as a result of changed circumstances, it is unlikely that users are adversely affected by the prohibition. Establishes a presumption that users are likely to be adversely affected if a technological measure inhibits noninfringing uses that improve accessibility of works or technologies for persons with disabilities. Expands existing statutory exceptions by removing certain restrictions and conditions that apply to permissible circumventions for: reverse engineering to achieve interoperability of an independently created computer program with other programs; encryption research on copies, phonorecords, performances, or displays of a published work; activities to prevent the collection or dissemination of personally identifying information about a natural person; or authorized security testing on computer systems or networks.

Breaking Down Barriers to Innovation Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pinnacles National Park Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Pinnacles National Monument was established by Presidential Proclamation 796 on January 16, 1908, for the purposes of protecting its rock formations, and expanded by Presidential Proclamation 1660 of May 7, 1923; Presidential Proclamation 1704 of July 2, 1924; Presidential Proclamation 1948 of April 13, 1931; Presidential Proclamation 2050 of July 11, 1933; Presidential Proclamation 2528 of December 5, 1941; Public Law 94-567; and Presidential Proclamation 7266 of January 11, 2000. (2) While the extraordinary geology of Pinnacles National Monument has attracted and enthralled visitors for well over a century, the expanded Monument now serves a critical role in protecting other important natural and cultural resources and ecological processes. This expanded role merits recognition through legislation. (3) Pinnacles National Monument provides the best remaining refuge for floral and fauna species representative of the central California coast and Pacific coast range, including 32 species holding special Federal or State status, not only because of its multiple ecological niches but also because of its long-term protected status with 14,500 acres of Congressionally designated wilderness. (4) Pinnacles National Monument encompasses a unique blend of California heritage from prehistoric and historic Native Americans to the arrival of the Spanish, followed by 18th and 19th century settlers, including miners, cowboys, vaqueros, ranchers, farmers, and homesteaders. (5) Pinnacles National Monument is the only National Park System site within the ancestral home range of the California Condor. The reintroduction of the condor to its traditional range in California is important to the survival of the species, and as a result, the scientific community with centers at the Los Angeles Zoo and San Diego Zoo in California and Buenos Aires Zoo in Argentina looks to Pinnacles National Monument as a leader in California Condor recovery, and as an international partner for condor recovery in South America. (6) The preservation, enhancement, economic and tourism potential and management of the central California coast and Pacific coast range's important natural and cultural resources requires cooperation and partnerships among local property owners, Federal, State, and local government entities and the private sector. SEC. 3. ESTABLISHMENT OF PINNACLES NATIONAL PARK. (a) Establishment and Purpose.--There is hereby established Pinnacles National Park in the State of California for the purposes of-- (1) preserving and interpreting for the benefit of future generations the chaparral, grasslands, blue oak woodlands, and majestic valley oak savanna ecosystems of the area, the area's geomorphology, riparian watersheds, unique flora and fauna, and the ancestral and cultural history of native Americans, settlers and explorers; and (2) interpreting the recovery program for the California Condor and the international significance of the program. (b) Boundaries.--The boundaries of Pinnacles National Park are as generally depicted on the map entitled ``Proposed: Pinnacles National Park Designation Change'', numbered 114/111,724, and dated December 2011. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Abolishment of Current Pinnacles National Monument.-- (1) In general.--In light of the establishment of Pinnacles National Park, Pinnacles National Monument is hereby abolished and the lands and interests therein are incorporated within and made part of Pinnacles National Park. Any funds available for purposes of the monument shall be available for purposes of the park. (2) References.--Any references in law (other than in this Act), regulation, document, record, map or other paper of the United States to Pinnacles National Monument shall be considered a reference to Pinnacles National Park. (d) Administration.--The Secretary of the Interior shall administer Pinnacles National Park in accordance with this Act and laws generally applicable to units of the National Park System, including the National Park Service Organic Act (16 U.S.C. 1, 2-4). SEC. 4. REDESIGNATION OF PINNACLES WILDERNESS AS HAIN WILDERNESS. Subsection (i) of the first section of Public Law 94-567 (90 Stat. 2693; 16 U.S.C. 1132 note) is amended by striking ``Pinnacles Wilderness'' and inserting ``Hain Wilderness''. Any reference in a law, map, regulation, document, paper, or other record of the United States to the Pinnacles Wilderness shall be deemed to be a reference to the Hain Wilderness. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Pinnacles National Park Act - Establishes Pinnacles National Park in California to: (1) preserve and interpret for the benefit of future generations the chaparral, grasslands, blue oak woodlands, and majestic valley oak savanna ecosystems of the park's area, the areas's geomorphology, riparian watersheds, unique flora and fauna, and the ancestral and cultural history of native Americans, settlers, and explorers; and (2) interpret the recovery program for the California Condor and the international significance of that program. Abolishes Pinnacles National Monument and includes the lands and interests therein in Pinnacles National Park. Redesignates the Pinnacles Wilderness as the Hain Wilderness.

To establish Pinnacles National Park in the State of California as a unit of the National Park System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cherry Valley National Wildlife Refuge Study Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The scenic Cherry Valley area of Northeastern Pennsylvania is blessed with more than 80 special-concern animal and plant species and natural habitats. (2) In a preliminary assessment of Cherry Valley, United States Fish and Wildlife Service biologists ranked Cherry Valley very high as a potential national wildlife refuge. (3) Six species that are listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) have been documented within or near Cherry Valley: The bog turtle (possibly the most significant population of the listed subspecies), the dwarf wedge mussel, the northeastern bulrush, the small whorled pogonia, the bald eagle, and the Indiana bat (a historic resident, with efforts under way to re-establish favorable conditions). (4) Cherry Valley provides habitat for at least 79 species of national or regional concern, which either nest in Cherry Valley or migrate through the area during critical times in their life cycle, including-- (A) neo-tropical migratory birds such as the Cerulean Warbler, the Worm-eating Warbler, and the Wood Thrush, all of which nest in Cherry Valley; (B) waterfowl such as the American Black Duck; (C) several globally rare plants, such as the spreading globeflower; and (D) anadromous fish species. (5) The Cherry Valley watershed encompasses a large segment of the Kittatinny Ridge, an important migration route for birds of prey throughout the Northeastern United States. Every migratory raptor species in the Northeast is regularly observed along the Kittatinny Ridge during the autumnal migration, including the bald eagle, the golden eagle, and the broad- winged hawk. (6) The Kittatinny Ridge also includes a long segment of the Appalachian Trail, a nationally significant natural- cultural-recreational feature. (7) Many of the significant wildlife habitats found in the Cherry Valley, especially the rare calcareous wetlands, have disappeared from other localities in their range. (8) Ongoing studies have documented the high water quality of Cherry Creek. (9) Public meetings over several years have demonstrated strong, deep, and growing local support for a Cherry Valley National Wildlife Refuge, as demonstrated by the following: (A) Area landowners, business and community leaders, media, and elected officials have consistently voiced their enthusiasm for a Cherry Valley National Wildlife Refuge. (B) Numerous local communities and public and private conservation entities share complementary goals for protecting Cherry Valley and are energetically conserving wildlife habitat and farmland. Along with State land-management agencies and the National Park Service, these local entities represent potential strong partners for the United States Fish and Wildlife Service, and view a Cherry Valley National Wildlife Refuge as a complement to existing private, county, municipal, and State efforts. (C) A number of local landowners have already put their land into conservation easements or other conservation arrangements. (D) A voter-approved Monroe County Open Space Fund and a voter-approved Stroud Township municipal land conservation fund have contributed to many of these projects. (10) Two federally owned parcels of land are contiguous to the area to be studied under this Act as for acquisition and inclusion in a future Cherry Valley National Wildlife Refuge: The Delaware Water Gap National Recreation Area and a 700-acre segment of the Appalachian Trail owned by the National Park Service. SEC. 3. STUDY OF REFUGE POTENTIAL AND FUTURE REFUGE LAND ACQUISITION. (a) Study.--The Secretary shall initiate within 30 days after the date of the enactment of this Act a study to evaluate the fish and wildlife habitat and aquatic and terrestrial communities located in Northeastern Pennsylvania and identified on the map entitled, ``Proposed Cherry Valley National Wildlife Refuge--Authorization Boundary'', dated February 24, 2005, for their potential acquisition by the United States Fish and Wildlife Service through donation, exchange, or willing seller purchase and subsequent inclusion in a future Cherry Valley National Wildlife Refuge. (b) Consultation.--The Secretary, while conducting the study required under this section, shall consult appropriate State and local officials, private conservation organizations, major landowners and other interested persons, regarding the identification of eligible lands, waters, and interests therein that are appropriate for acquisition for a national wildlife refuge and the determination of boundaries within which such acquisitions should be made. (c) Components of Study.--As part of the study under this section the Secretary shall do the following: (1) Determine if the fish and wildlife habitat and aquatic and terrestrial communities to be evaluated are suitable for inclusion in the National Wildlife Refuge System and management under the policies of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.). (2) Assess the conservation benefits to be gained from the establishment of a Cherry Valley National Wildlife Refuge including-- (A) preservation and maintenance of diverse populations of fish, wildlife, and plants, including species listed as threatened species or endangered species; (B) protection and enhancement of aquatic and wetland habitats; (C) opportunities for compatible wildlife-dependent recreation, scientific research, and environmental education and interpretation; and (D) fulfillment of international obligations of the United States with respect to fish, wildlife, and their habitats. (3) Provide an opportunity for public participation and give special consideration to views expressed by local public and private entities regarding lands, waters, and interests therein for potential future acquisition for refuge purposes. (4) The total area of lands, water, and interests therein that may be acquired shall not in the aggregate exceed 30,000 acres. (d) Report.--The Secretary shall, within 12 months after date of the enactment of this Act, complete the study required by this section and submit a report containing the results thereof to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate. The report shall include-- (1) a map that identifies and prioritizes specific lands, waters, and interests therein for future acquisition, and that delineates an acquisition boundary, for a potential Cherry Valley National Wildlife Refuge; (2) a cost estimate for the acquisition of all lands, waters, and interests therein that are appropriate for refuge status; and (3) an estimate of potentially available acquisition and management funds from non-Federal sources. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $200,000 to carry out the study. SEC. 4. DEFINITIONS. In this Act the term ``Secretary'' means the Secretary of the Interior acting through the Director of the United States Fish and Wildlife Service. Passed the House of Representatives July 10, 2006. Attest: KAREN L. HAAS, Clerk.

Cherry Valley National Wildlife Refuge Study Act - Requires the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service (USFWS), to initiate, and, within 12 months, report to specified congressional committees on the results of, a study to evaluate fish and wildlife habitat and aquatic and terrestrial communities in northeastern Pennsylvania for potential acquisition and subsequent inclusion in a future Cherry Valley National Wildlife Refuge. Requires the study to assess the conservation benefits of such a Refuge. Limits the total area of lands, water, and interests that may be acquired for the Refuge to 30,000 acres. Authorizes appropriations.

To direct the Secretary of the Interior to initiate and complete an evaluation of lands and waters located in Northeastern Pennsylvania for their potential acquisition and inclusion in a future Cherry Valley National Wildlife Refuge, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stonewall National Historic Site Establishment Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) the Stonewall National Historic Landmark in New York City, designated in 2000, commemorates the site of the citizen uprising of June 28-July 3, 1969, that inspired the modern Lesbian, Gay, Bisexual, and Transgender (LGBT) civil rights movement in America; (2) the Stonewall uprising became the major catalyst for change in the self-awareness of the LGBT community, as well as in the perception and acceptance of LGBT individuals within the United States, and now represents to the Nation and the world the struggle for LGBT civil rights; and (3) the Stonewall National Historic Landmark, within the Greenwich Village Historic District, consists of the former Stonewall Inn at 51-53 Christopher Street, that was raided by police on June 28, 1969, as well as Christopher Park, Christopher Street, Grove Street, Gay Street, Waverly Place, Greenwich Avenue, Sixth Avenue, and West 10th Street between Sixth Avenue and Seventh Avenue South, which are all associated with the uprising. (b) Purpose.--The purposes of this Act are-- (1) to help preserve, protect, and interpret the site of the Stonewall uprising for the benefit of present and future generations; and (2) to enhance understanding of the discrimination against LGBT individuals that led to the Stonewall uprising and of the ongoing struggle to achieve civil rights. SEC. 3. DEFINITIONS. In this Act: (1) National historic site.--The term ``National Historic Site'' means the Stonewall National Historic Site in New York City, New York, authorized to be established as a unit of the National Park System under section 4(a) of this Act. (2) Map.--The term ``Map'' means the map entitled ``Stonewall National Historic Site, Proposed Boundary'', numbered 668/129,921, and dated September 2015. (3) City of new york.--The term ``City'' means the government of the City of New York in the State of New York. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of New York. SEC. 4. STONEWALL NATIONAL HISTORIC SITE. (a) Establishment.-- (1) In general.--Subject to paragraph (2), there is established in the State a unit of the National Park System to be known as the ``Stonewall National Historic Site''. (2) Conditions for establishment.--The National Historic Site shall not be established as a unit of the National Park System until the date on which the Secretary has determined that-- (A) the Secretary has acquired sufficient land or an interest in land within the boundary of the National Historic Site to constitute a manageable unit, as determined by the Secretary; and (B) the Secretary has entered into a written agreement with the City, as authorized and described in subsection (c). (b) Boundary.-- (1) In general.--The boundary of the National Historic Site shall be identical to the boundary of the Stonewall National Historic Landmark, as generally depicted on the Map. (2) Availability of map.--The Map shall be available for public inspection in the appropriate offices of the National Park Service, Department of the Interior. (c) Agreement.--The Secretary is authorized to enter into an agreement with the City that delineates the respective roles and responsibilities of the National Park Service and the City in the operation, maintenance, and interpretation of the National Historic Site. (d) Publication of Notice.--Not later than 60 days after the date on which the conditions in subsection (a)(2) are satisfied, the Secretary shall publish in the Federal Register notice of the establishment of the National Historic Site as a unit of the National Park System. (e) Land Acquisition.--The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds from a willing seller, or exchange-- (1) lands or interests in land within the boundary of the National Historic Site; and (2) lands or interests in land in the vicinity of the National Historic Site for the purpose of providing park administration and visitor service facilities, as determined by the Secretary. (f) Administration.-- (1) In general.--The Secretary shall administer the National Historic Site in accordance with this Act and with the laws generally applicable to units of the National Park System, including-- (A) the National Park Service Organic Act (section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753 and 102101 of title 54, United States Code); and (B) chapter 3201 of title 54, United States Code. (2) Cooperative agreements.-- (A) In general.--The Secretary may enter into cooperative agreements with the State, City, units of local government, organizations, or individuals to further the purposes of this Act. (B) Cost-sharing requirement.-- (i) Federal share.--The Federal share of the total cost of any activity carried out under this paragraph shall not exceed 50 percent. (ii) Form of non-federal share.--The non- Federal share of the cost of carrying out an activity under this paragraph may be in the form of in-kind contributions or goods or services, fairly valued. (g) General Management Plan.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary, in consultation with the City, shall prepare a general management plan for the National Historic Site in accordance with section 100502 of title 54, United States Code.

Stonewall National Historic Site Establishment Act This bill establishes the Stonewall National Historic Site in New York as a unit of the National Park System. The boundary of the Historic Site shall be identical to that of the Stonewall National Historic Landmark. The Department of the Interior may enter into an agreement with New York City, New York, delineating the respective roles and responsibilities of the National Park Service and New York City in operating, maintaining, and interpreting the Historic Site. Interior shall prepare a general management plan for the Historic Site.

Stonewall National Historic Site Establishment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening the Visa Waiver Program to Secure America Act''. SEC. 2. DEFINITIONS. In this Act: (1) Program country.--The term ``program country'' means a country designated as a program country under section 217(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(1)). (2) Secretary.--Except as otherwise provided, the term ``Secretary'' means the Secretary of Homeland Security. (3) Visa waiver program.--The term ``visa waiver program'' means the visa waiver program carried out under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187). SEC. 3. ENFORCEMENT OF REQUIREMENT TO REPORT LOST OR STOLEN PASSPORTS. (a) Enforcement of Existing Requirement.--Not later than 180 days after the date of the enactment of this Act, each program country shall have in effect an agreement with the United States as required by section 217(c)(2)(D) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(D)). (b) Failure To Agree To Report.-- (1) Suspension from the program.--If a program country does not meet the requirements of subsection (a), the Secretary, in consultation with the Secretary of State, shall immediately suspend the program country's participation in the visa waiver program. (2) Restoration to the program.--With respect to a country that is suspended from participation in the visa waiver program under paragraph (1), the Secretary shall restore the country's participation on the date that the Secretary determines that the country meets the requirements of paragraph (1). (c) Limitation on New Program Countries.--Notwithstanding any other provision of law, the Secretary may not designate a country as a program country until after the date that the Secretary certifies to Congress that the requirements of subsection (a) have been met. SEC. 4. ENFORCEMENT OF REQUIREMENT FOR PERIODIC EVALUATIONS OF PROGRAM COUNTRIES. (a) Enforcement of Existing Requirement.--Not later than 1 year after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of State, shall evaluate under section 217(c)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(5)(A)) each program country that was designated as a program country prior to January 1, 2009. Such evaluation shall include the visa overstay rate for each program country for the 1-year period ending on the date of the enactment of this Act. (b) Visa Overstay Rate Defined.--In this section, the term ``visa overstay rate'' has the meaning given that term in section 217(c)(8)(C) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(8)(C)), as amended by section 6. (c) Failure To Comply With Program Requirements.-- (1) Suspension from the program.--If the periodic evaluation prepared under subsection (a) shows that a program country has a visa overstay rate that exceeds 2 percent, the Secretary, in consultation with the Secretary of State, shall immediately suspend the program country's participation in the visa waiver program. (2) Restoration to the program.--With respect to a country that is suspended from participation in the visa waiver program under paragraph (1), the Secretary shall restore the country's participation on the date that the Secretary determines that the country's visa overstay rate does not exceed 2 percent. (d) Limitation on New Program Countries.--Notwithstanding any other provision of law, the Secretary may not designate a country as a program country until after the date that the Secretary certifies to Congress that the requirements of subsection (a) have been met. SEC. 5. ARRIVAL AND DEPARTURE VERIFICATION. (a) Requirement for Verification.-- (1) In general.--Subparagraph (A) of section 217(c)(8) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(8)) is amended-- (A) in clause (i)-- (i) by striking ``can verify'' and inserting ``verifies''; (ii) by inserting ``arrival and'' before ``departure''; and (iii) by inserting ``entry and'' before ``exit''; and (B) in clause (ii) by inserting ``entry and'' before ``exit''. (2) Conforming amendment.--Subparagraph (C) of such section 217(c)(8) is amended by inserting ``entry and'' before ``exit''. (b) Limitation on New Program Countries.--Notwithstanding any other provision of law, the Secretary may not designate a country as a program country until after the date that the Secretary certifies to Congress that the requirements of clause (i) of subsection (c)(8)(A) of section 217 of the Immigration and Nationality Act, as amended by subsection (a)(1), are met. (c) Audit.-- (1) Requirement to conduct.--Not later than 180 days after the date that the certification described in clause (i) of subsection (c)(8)(A) of section 217 the Immigration and Nationality Act (8 U.S.C. 1187), as amended by subsection (a)(1), is submitted to Congress, the Comptroller of the United States shall conduct an audit of the travel authorization system described in subsection (h)(3) of that section and submit a report on such audit to Congress. (2) Elements.--The report by paragraph (1) shall include-- (A) a description of the data collected by such system; (B) the number of individuals who were identified by such system as being in violation of the immigration laws, disaggregated by country; and (C) an explanation of any problems in implementing such system encountered during the early stages of implementation to better identify high-risk travelers and countries of origin of such travelers. SEC. 6. VISA OVERSTAY RATES. Subparagraph (C) of section 217(c)(8) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(8)), as amended by section 5(a)(2), is further amended-- (1) in clause (i), by striking the period at the end of the first sentence and inserting ``, except that in no case may a maximum visa overstay rate exceed 2 percent.''; (2) by redesignating clause (iii) as clause (iv); (3) by inserting after clause (ii) the following: ``(iii) Data compilation.--The Secretary of Homeland Security shall compile data from all appropriate databases to determine the visa overstay rate for each country. Such databases shall include-- ``(I) the Advanced Passenger Information System (APIS); ``(II) the Automated Fingerprint Identification System (IDENT); ``(III) the Central Index System (CIS); ``(IV) the Computer Linked Application Information Management Systems (CLAIMS); ``(V) the Deportable Alien Control System (DACS); ``(VI) the Integrated Automated Fingerprint Identification System (IAFIS); ``(VII) the Nonimmigrant Information System (NIIS); ``(VIII) the Reengineered Naturalization Applications Casework Systems (RNACS); and ``(IX) the Refugees, Asylum, and Parole System (RAPS).''; and (4) by adding at the end the following: ``(v) Annual report.--Not less frequently than once each fiscal year, the Secretary of Homeland Security shall submit to the Committee on Foreign Relations and the Committee on the Judiciary of the Senate and the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives a report describing the visa overstay rate for the previous fiscal year of each country designated as a program country under paragraph (1).''.

Strengthening the Visa Waiver Program to Secure America Act - Amends the Immigration and Nationality Act regarding the visa waiver program to: (1) require current and new program countries to report on lost or stolen visas in order to participate in the program; (2) set a maximum 2% visa overstay rate for program countries; (3) require a reevaluation of program countries within one year; and (4) include arrival data in the required air entry and exit system and electronic travel authorization system.

A bill to amend the Immigration and Nationality Act to modify the requirements for participation in the visa waiver program and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Explosives Protection Act of 1997''. SEC 2. PROHIBITIONS RELATING TO EXPLOSIVE MATERIALS. (a) Prohibition of Sale, Delivery, or Transfer of Explosive Materials to Certain Individuals.--Section 842 of title 18, United States Code, is amended by striking subsection (d) and inserting the following: ``(d) Prohibition of Sale, Delivery, or Transfer of Explosive Materials to Certain Individuals.--It shall be unlawful for any licensee to knowingly sell, deliver, or transfer any explosive materials to any individual who-- ``(1) is less than 21 years of age; ``(2) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year; ``(3) is a fugitive from justice; ``(4) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(5) has been adjudicated as a mental defective or has been committed to any mental institution; ``(6) being an alien-- ``(A) is illegally or unlawfully in the United States; or ``(B) except as provided in subsection (l), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)); ``(7) has been discharged from the Armed Forces under dishonorable conditions; ``(8) having been a citizen of the United States, has renounced his citizenship; ``(9) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that-- ``(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and ``(B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; and ``(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or ``(10) has been convicted in any court of a misdemeanor crime of domestic violence.''. (b) Prohibition on Shipping, Transporting, Possession, or Receipt of Explosives by Certain Individuals.--Section 842 of title 18, United States Code, is amended by striking subsection (p) and inserting the following: ``(p) Prohibition on Shipping, Transporting, Possession, or Receipt of Explosives by Certain Individuals.--It shall be unlawful for any person to ship or transport in interstate or foreign commerce, or possess, in or affecting commerce, any explosive, or to receive any explosive that has been shipped or transported in interstate or foreign commerce, if that person-- ``(1) is less than 21 years of age; ``(2) has been convicted in any court, of a crime punishable by imprisonment for a term exceeding 1 year; ``(3) is a fugitive from justice; ``(4) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(5) has been adjudicated as a mental defective or who has been committed to a mental institution; ``(6) being an alien-- ``(A) is illegally or unlawfully in the United States; or ``(B) except as provided in subsection (l), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)); ``(7) has been discharged from the Armed Forces under dishonorable conditions; ``(8) having been a citizen of the United States, has renounced his citizenship; or ``(9) is subject to a court order that-- ``(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; ``(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and ``(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; and ``(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or ``(10) has been convicted in any court of a misdemeanor crime of domestic violence.''. (c) Exceptions and Waiver for Certain Individuals.--Section 842 of title 18, United States Code, is amended by adding at the end the following: ``(l) Exceptions and Waiver for Certain Individuals.-- ``(1) Definitions.--In this subsection-- ``(A) the term `alien' has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)); and ``(B) the term `nonimmigrant visa' has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)). ``(2) Exceptions.--Subsections (d)(5)(B) and (p)(5)(B) do not apply to any alien who has been lawfully admitted to the United States pursuant to a nonimmigrant visa, if that alien is-- ``(A) admitted to the United States for lawful hunting or sporting purposes; ``(B) a foreign military personnel on official assignment to the United States; ``(C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or ``(D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business. ``(3) Waiver.-- ``(A) In general.--Any individual who has been admitted to the United States under a nonimmigrant visa and who is not described in paragraph (2), may receive a waiver from the applicability of subsection (d)(5)(B) or (p)(5)(B), if-- ``(i) the individual submits to the Attorney General a petition that meets the requirements of subparagraph (B); and ``(ii) the Attorney General approves the petition. ``(B) Petitions.--Each petition under subparagraph (A)(i) shall-- ``(i) demonstrate that the petitioner has resided in the United States for a continuous period of not less than 180 days before the date on which the petition is submitted under this paragraph; and ``(ii) include a written statement from the embassy or consulate of the petitioner, authorizing the petitioner to engage in any activity prohibited under subsection (d) or (p), as applicable, and certifying that the petitioner would not otherwise be prohibited from engaging in that activity under subsection (d) or (p), as applicable.''.

Explosives Protection Act of 1997 - Amends the Federal criminal code to prohibit the sale, delivery, or transfer of explosive materials to, and the shipment, transport, possession, or receipt of explosives by, certain individuals not allowed to engage in such activities with respect to firearms. Sets forth exceptions and waivers for certain aliens and other individuals lawfully admitted to the United States pursuant to a nonimmigrant visa.

Explosives Protection Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Safe Act of 2016''. SEC. 2. IMMUNITY. (a) Definitions.--In this Act-- (1) the term ``Bank Secrecy Act Officer'' means an individual responsible for ensuring compliance with the requirements mandated by subchapter II of chapter 53 of title 31, United States Code; (2) the term ``broker-dealer'' means a broker or dealer, as those terms are defined, respectively, in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); (3) the term ``covered agency'' means-- (A) a State financial regulatory agency, including a State securities or law enforcement authority and a State insurance regulator; (B) each of the Federal financial institutions regulatory agencies; (C) the Securities and Exchange Commission; (D) a law enforcement agency; (E) and State or local agency responsible for administering adult protective service laws; and (F) a State attorney general. (4) the term ``covered financial institution'' means-- (A) a credit union; (B) a depository institution; (C) an investment advisor; (D) a broker-dealer; (E) an insurance company; and (F) a State attorney general. (5) the term ``credit union'' means a Federal credit union, State credit union, or State-chartered credit union, as those terms are defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); (6) the term ``depository institution'' has the meaning given the term in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); (7) the term ``exploitation'' means the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that-- (A) uses the resources of a senior citizen for monetary personal benefit, profit, or gain; or (B) results in depriving a senior citizen of rightful access to or use of benefits, resources, belongings or assets; (8) the term ``Federal financial institutions regulatory agencies'' has the meaning given the term in section 1003 of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3302); (9) the term ``investment adviser'' has the meaning given the term in section 202 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2); (10) the term ``insurance company'' has the meaning given the term in section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)); (11) the term ``registered representative'' means an individual who represents a broker-dealer in effecting or attempting to affect a purchase or sale of securities; (12) the term ``senior citizen'' means an individual who is not less than 65 years of age; (13) the term ``State insurance regulator'' has the meaning given such term in section 315 of the Gramm-Leach-Bliley Act (15 U.S.C. 6735); and (14) the term ``State securities or law enforcement authority'' has the meaning given the term in section 24(f)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78x(f)(4)). (b) Immunity From Suit.-- (1) Immunity for individuals.--An individual who has received the training described in section 3 shall not be liable, including in any civil or administrative proceeding, for disclosing the possible exploitation of a senior citizen to a covered agency if the individual, at the time of the disclosure-- (A) served as a supervisor, compliance officer (including a Bank Secrecy Act Officer), or registered representative for a covered financial institution; and (B) made the disclosure with reasonable care including reasonable efforts to avoid disclosure other than to a covered agency. (2) Immunity for covered financial institutions.--A covered financial institution shall not be liable, including in any civil or administrative proceeding, for a disclosure made by an individual described in paragraph (1) if-- (A) the individual was employed by, or, in the case of a registered representative, affiliated or associated with, the covered financial institution at the time of the disclosure; and (B) before the time of the disclosure, the covered financial institution provided the training described in section 3 to each individual described in section 3(a). SEC. 3. TRAINING REQUIRED. (a) In General.--A covered financial institution may provide training described in subsection (b)(1) to each officer or employee of, or registered representative affiliated or associated with, the covered financial institution who-- (1) is described in section 2(b)(1)(A); (2) may come into contact with a senior citizen as a regular part of the duties of the officer, employee, or registered representative; or (3) may review or approve the financial documents, records, or transactions of a senior citizen in connection with providing financial services to a senior citizen. (b) Training.-- (1) In general.--The training described in this paragraph shall-- (A) instruct any individual attending the training on how to identify and report the suspected exploitation of a senior citizen; (B) discuss the need to protect the privacy and respect the integrity of each individual customer of a covered financial institution; and (C) be appropriate to the job responsibilities of the individual attending the training. (2) Timing.--The training required under subsection (a) shall be provided as soon as reasonably practicable but not later than 1 year after the date on which an officer, employee, or registered representative begins employment with or becomes affiliated or associated with the covered financial institution. (3) Bank secrecy act officer.--An individual who is designated as a compliance officer under an anti-money laundering program established pursuant to section 5318(h) of title 31, United States Code, shall be deemed to have received the training described under this subsection. SEC. 4. RELATIONSHIP TO STATE LAW. Nothing in this Act shall be construed to preempt or limit any provision of State law, except only to the extent that section 2 provides a greater level of protection against liability to an individual described in section 2(b)(1) or to a covered financial institution described in section 2(b)(2) than is provided under State law. Passed the House of Representatives July 5, 2016. Attest: KAREN L. HAAS, Clerk.

Senior Safe Act of 2016 This bill provides immunity from liability of: (1) a supervisor, compliance officer (including a Bank Secrecy Act Officer), or registered representative for a covered financial institution who has received training in the identification and reporting of suspected exploitation of a senior citizen (at least 65 years old) and the protection of customer privacy that is appropriate to job responsibilities for disclosing such exploitation to a covered agency if the individual made the disclosure with reasonable care, including reasonable efforts to avoid disclosure other than to a covered agency; and (2) the financial institution for such a disclosure if the individual was employed by or, in the case of a registered representative, affiliated or associated with, the institution at the time of the disclosure and the institution had provided such training. A "covered financial institution" is a credit union, depository institution, investment advisor, broker-dealer, insurance company, or state attorney general. A "covered agency" is a state financial regulatory agency, each of the federal financial institutions regulatory agencies, the Securities and Exchange Commission, a law enforcement agency, a state or local agency responsible for administering adult protective service laws, or a state attorney general. A covered financial institution may provide such training to each of its supervisors, compliance officers (including a Bank Secrecy Act Officer), or registered representatives who: (1) may come into contact with a senior citizen as a regular part of duties; or (2) may review or approve the financial documents, records, or transactions of a senior citizen in connection with providing financial services.

Senior Safe Act of 2016

SECTION 1. ACADIA NATIONAL PARK BOUNDARY. (a) In General.--Section 101 of Public Law 99-420 (16 U.S.C. 341 note; 100 Stat. 955) is amended-- (1) in the first sentence, by striking ``In order to'' and inserting the following: ``(a) Boundaries.--In order to''; (2) in the second sentence, by striking ``The map'' and inserting the following: ``(b) Availability of Map.--The maps described in subsection (a) and subsection (c)''; and (3) by adding at the end the following: ``(c) Schoodic Peninsula Addition.--The boundary of the Park is confirmed to include approximately 1,441 acres of land and interests in land, as depicted on the map entitled `Acadia National Park, Hancock County, Maine, Schoodic Peninsula Boundary Revision', numbered 123/ 129102, and dated July 10, 2015. ``(d) Ratification and Approval of Acquisitions.--There are hereby ratified and approved the following: ``(1) Retroactive to September 26, 2013, the acquisition or purported acquisition by the United States of land and interests in land referred to in subsection (c). ``(2) Any subsequent or purported alteration of the land and interests in land referred to in subsection (c) held or claimed by the United States in said property (including conversion to fee simple interest), retroactive to whatever point an alteration occurred or may have occurred.''. SEC. 2. ACQUISITION OF LAND. The Secretary of the Interior may only acquire land or interests in land-- (1) within the boundary of Acadia National Park in accordance with Public Law 99-420 (16 U.S.C. 341 note; 100 Stat. 955); and (2) outside the boundary of Acadia National Park in Hancock County, Maine, in accordance with Public Law 99-420 (16 U.S.C. 341, note; 100 Stat. 955). SEC. 3. ACADIA BOUNDARY ACT FOR SOLID WASTE MANAGEMENT. Section 102(f) of Public Law 99-420 (16 U.S.C. 341, note; 1001 Stat. 957) is amended by striking ``toward the cost of constructing'' through ``50 per centum of the cost of such construction.'' and inserting ``$350,000 to a regional consortium established by law for the purpose of improving the management of the disposal and recycling of solid waste and composed of municipalities on as well as near Mount Desert Island.''. SEC. 4. ACADIA NATIONAL PARK ADVISORY COMMISSION. (a) In General.--The Secretary of the Interior shall reestablish and appoint members to the Acadia National Park Advisory Commission in accordance with section 103 of Public Law 99-420 (16 U.S.C. 341 note; 100 Stat. 959). (b) Conforming Amendment.--Section 103 of Public Law 99-420 (16 U.S.C. 341 note; 100 Stat. 959) is amended by striking subsection (f). SEC. 5. REPEALS. The following provisions are repealed: (1) Section 3 of the Act of February 26, 1919 (40 Stat. 1179, chapter 45). (2) The first section of the Act of January 19, 1929 (45 Stat. 1083, chapter 77). SEC. 6. USE RESTRICTION MODIFIED. The Act of August 1, 1950 (64 Stat. 383, chapter 511), is amended-- (1) by striking ``That the Secretary'' and inserting the following: ``SECTION 1. CONVEYANCE OF LAND IN ACADIA NATIONAL PARK. ``The Secretary''; and (2) by striking ``for school purposes'' and inserting ``for public purposes, subject to the conditions that use of the property shall not degrade or adversely impact the resources or values of Acadia National Park, and the land shall remain in public ownership for recreational, educational, or similar public purposes''. SEC. 7. PRESERVATION OF PUBLIC TRUST. Title I of Law 99-420 (16 U.S.C. 341, note; 100 Stat. 9550 is amended by adding at the end the following: ``SEC. 109. PRESERVATION OF PUBLIC TRUST. ``(a) Nothing in this Act or Public Law 99-420 (16 U.S.C. 341, note; 100 Stat. 955)] or any other law, including laws of general applicability, shall be construed to affect, preempt or in any way diminish the rights, responsibilities and authority of the State of Maine under and pursuant to the public trust doctrine over any lands in which the United States possesses any kind of property interest where that land is located seaward of the mean high water mark. ``(b) Nothing in this Act or Public Law 99-420 (16 U.S.C. 341, note; 100 Stat. 9550) shall be construed to affect, preempt or in any diminish the rights and privileges of any person under public trust doctrine upon any lands in which the United States possesses any kind of property interest where that land is located seaward of the mean high water mark. ``(c) The provisions of any Federal law enacted after the date of the enactment of this Act pertaining to the authority of the United States over lands in which the United States possesses any kind of property interest which would affect, preempt or in any way diminish the rights, responsibilities, and authority of the State of Maine, as stated in subsection (a) of this section, shall not apply within the State of Maine unless such provision of such subsequently enacted Federal law is specifically made applicable to Maine. ``(d) The term `public trust' as used in this section has the meaning ascribed to it by and under Maine law. ``(e) The term `Maine law' means the Constitution, and all statutes, regulations, and common laws of the State of Maine and its political subdivisions and all subsequent amendments thereto and judicial interpretations thereof.''.

This bill confirms that the boundary of Acadia National Park in Maine includes approximately 1,441 acres of land and interests in the Schoodic Peninsula. The bill ratifies and approves: retroactive to September 26, 2013, the acquisition or purported acquisition by the United States of the land and interests in the Schoodic Peninsula, and any subsequent or purported alteration of the land or interests held or claimed by the United States in the peninsula (including conversion to fee simple interest) retroactive to whatever point an alteration occurred or may have occurred. The Department of the Interior may only acquire land or interests in land: within the boundaries of the park in accordance with specified law; and outside the boundaries of the park in Hancock County, Maine, in accordance with such law. Interior shall contribute a specified amount to a regional consortium which was established to improve the management of the disposal and recycling of solid waste and is composed of municipalities on, as well as near, Mount Desert Island. Interior shall reestablish and appoint members to the Acadia National Park Advisory Commission. Certain land in the park that was conveyed by Interior to the town of Tremont, Maine, shall no longer be used exclusively for school purposes, but for public purposes, subject to the conditions that: (1) use of the property (on such land) shall not degrade or adversely impact the park's resources or values; and (2) such land shall remain in public ownership for recreational, educational, or similar public purposes.

To clarify the boundary of Acadia National Park, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting UACs Through Enhanced Sponsor Vetting Act of 2017''. SEC. 2. ADDITIONAL PROCEDURES FOR PLACEMENT DECISIONS FOR UNACCOMPANIED ALIEN CHILDREN. Section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279) is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (K), by striking ``; and'' at the end; (B) in subparagraph (L), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(M) providing notification of the prospective placement of an unaccompanied alien child with a sponsor to the Governor of the State and the chief executive of the county in which the sponsor resides.''; (2) in subsection (b)(2), by amending subparagraph (A) to read as follows: ``(A) shall coordinate with appropriate juvenile justice professionals, the Director of the Bureau of Citizenship and Immigration Services, the Assistant Secretary of the Bureau of Border Security, the Director of the Federal Bureau of Investigation, and appropriate State and local law enforcement officials to ensure that such determinations ensure that unaccompanied alien children described in such subparagraph-- ``(i) are likely to appear for all hearings or proceedings in which they are involved; ``(ii) are protected from smugglers, traffickers, members of a designated transnational criminal organization, or others who might seek to victimize or otherwise engage them in criminal, harmful, or exploitive activity, including by conducting a thorough criminal history background check utilizing the Next Generation Identification System or its successor system on prospective sponsors; ``(iii) are placed in a setting in which they are not likely to pose a danger to themselves or others; and''; (3) by redesignating subsection (g) as subsection (h) and-- (A) in paragraph (1) of such subsection, by striking ``and'' at the end; (B) in paragraph (2) of such subsection, by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) the term `transnational criminal organization' means a criminal organization that has been designated as a transnational criminal organization by the Office of Foreign Assets Control at the Department of the Treasury.''; and (4) by inserting after subsection (f) the following: ``(g) Additional Procedures for Making Placement Determinations.-- ``(1) Criminal records checks.--The Director shall coordinate with the Attorney General to conduct a thorough criminal history background check utilizing the Next Generation Identification System or its successor system for all prospective sponsors before placement of an unaccompanied alien child. ``(2) Consultation with relevant law enforcement entities.--The Director shall consult with relevant law enforcement entities, including Federal, State, and local law enforcement, prior to making a determination on whether it is appropriate to place an unaccompanied alien child with a prospective sponsor. This consultation will examine any criminal activity in which the prospective sponsor may have been, or is currently, involved. ``(3) Notification to state and local governments.--The Director shall notify relevant State and local governments of the decision to place an unaccompanied alien child with a sponsor. This notification will include the Governor of the state where the sponsor resides, as well as the mayor or equivalent officeholder of the locality where the sponsor resides. ``(4) Transnational criminal organization intelligence sharing.--The Director shall provide to the Terrorist Screening Center information uncovered during the placement process of an unaccompanied alien child that establishes membership in, or affiliation with, a designated transnational criminal organization of either an unaccompanied alien child or a prospective sponsor.''.

Protecting UACs Through Enhanced Sponsor Vetting Act of 2017 This bill establishes additional sponsor vetting requirements for placement of unaccompanied alien children (UACs) who are in federal custody because of their immigration status. UACs are children under the age of 18 with no lawful immigration status who either have no parent or legal guardian in the United States, or have no parent or legal guardian in the United States available to provide care and physical custody. The Homeland Security Act of 2002 is amended to require the Department of Health and Human Service's Office of Refugee Resettlement, as part of its UAC placement determinations, to: notify the governor and the chief executive of the county in which a sponsor resides of a prospective placement; include the Federal Bureau of Investigation and state and local law enforcement officials in consultations regarding UAC adherence to hearing requirements and safety from criminal or exploitive elements, including protection from members of a transnational criminal organization. Prior to making a placement determination the office shall: coordinate with the Department of Justice to use the Next Generation Identification System to check the criminal background of prospective sponsors; and consult with federal, state, and local law enforcement entities. The office shall also: notify state and local governments of a placement determination, including notifying the governor and mayor of the locality in which the sponsor resides; and provide the Terrorist Screening Center with any information uncovered during the placement process that establishes the child's or sponsor's membership or affiliation with a transnational criminal organization.

Protecting UACs Through Enhanced Sponsor Vetting Act of 2017

SECTION 1. ALLOWANCE OF DEDUCTION FOR DIVIDENDS PAID BY DOMESTIC CORPORATIONS. (a) In General.--Section 243 of the Internal Revenue Code of 1986 (relating to dividends received by corporations) is amended to read as follows: ``SEC. 243. DIVIDENDS PAID BY DOMESTIC CORPORATIONS. ``(a) General Rule.--In the case of a domestic corporation which is subject to taxation under this chapter, there shall be allowed as a deduction for the taxable year an amount equal to the dividends paid by such corporation during the taxable year. ``(b) Dividends.--For purposes of this section, the term `dividend' means any dividend (as defined in section 316) to which section 301 applies. ``(c) Certain Corporations Not Eligible.--No deduction shall be allowed under this section with respect to dividends paid by any corporation which is-- ``(1) an S corporation (as defined in section 1361(a)(1)); ``(2) a regulated investment company (as defined in section 851(a)); ``(3) a real estate investment trust (as defined in section 856(a)); or ``(4) a personal holding company (as defined in section 542). ``(d) Special Rules for Certain Distributions of Mutual Savings Banks, Etc.--For purposes of this section, any amount allowed as a deduction under section 591 (relating to deduction for dividends paid by mutual savings banks, etc.) shall not be treated as a dividend.'' (b) Repeal of Deductions for Dividends Received From Domestic Corporations and Rules Relating Thereto; Repeal of Deduction for Dividends Paid on Certain Preferred Stock of Public Utilities.-- Sections 244 (relating to dividends received on certain preferred stock), 246 (relating to rules applying to deductions for dividends received), and 247 (relating to dividends paid on certain preferred stock of public utilities) of such Code are hereby repealed. (c) Conforming Amendments.-- (1) Dividends received from certain foreign corporations.-- (A) Transfer of provision specifying deductible percentage of dividend received.-- (i) Paragraph (1) of section 245(a) of such Code (relating generally to dividends received from 10-percent owned foreign corporations) is amended by striking ``the percent (specified in section 243 for the taxable year)'' and inserting ``the applicable percentage determined under paragraph (12)''. (ii) Subsection (a) of section 245 of such Code is amended by adding at the end thereof the following new paragraph: ``(12) Applicable percentage.-- ``(A) In general.--For purposes of paragraph (1), the applicable percentage is-- ``(i) 100 percent in the case of dividends received by a small business investment company operating under the Small Business Investment Act of 1958 (15 U.S.C. 661 and following), ``(ii) 80 percent in the case of dividends not described in clause (i) from a 20-percent owned corporation, and ``(iii) 70 percent in the case of any other dividends. ``(B) 20-percent owned corporation.--For purposes of subparagraph (A), the term `20-percent owned corporation' means any corporation if 20 percent or more of the stock in such corporation (by vote and value) is owned by the taxpayer. For purposes of the preceding sentence, stock described in section 1504(a) shall not be taken into account.'' (iii) Subparagraph (B) of section 245(c)(1) of such Code is amended by striking ``section 243(c)(2)'' and inserting ``subsection (a)(12)(B)''. (B) Transfer of limitation on aggregate amount of dividends received deduction, exclusion of certain dividends, etc.--Section 245 of such Code (relating to dividends received from certain foreign corporations) is amended by adding at the end the following new subsections: ``(e) Limitation and Special Rules.-- ``(1) Limitation on aggregate amount of deduction.-- ``(A) In general.--Except as provided by subparagraph (B), the aggregate amount of the deductions allowed by subsections (a) and (b) shall not exceed the percentage determined under subparagraph (C) of the taxable income computed without regard to-- ``(i) the deductions allowed by section 172, ``(ii) any adjustment under section 1059, and ``(iii) any capital loss carryback to the taxable year under section 1212(a)(1). ``(B) Effect of net operating loss.--Subparagraph (A) shall not apply for any taxable year for which there is a net operating loss (as determined under section 172). ``(c) Special rules.--The provisions of subparagraph (A) shall be applied-- ``(i) first separately with respect to dividends from 20-percent owned corporations and the percentage determined under this subparagraph shall be 80 percent, and ``(ii) then separately with respect to dividends not from 20-percent owned corporations and the percentage determined under this subparagraph shall be 70 percent and the taxable income shall be reduced by the aggregate amount of dividends from 20-percent owned corporations. ``(2) Exclusion of certain dividends.-- ``(A) In general.--No deduction shall be allowed under subsection (a) or (b) in respect of any dividend on any share of stock-- ``(i) which is sold or otherwise disposed of in any case in which the taxpayer has held such share for 45 days or less, or ``(ii) to the extent that the taxpayer is under an obligation (whether pursuant to a short sale or otherwise) to make corresponding payments with respect to positions in substantially similar or related property. ``(B) 90-day rule in the case of certain preference dividends.--In the case of any stock having preference in dividends, the holding period specified in subparagraph (A)(i) shall be 90 days in lieu of 45 days if the taxpayer receives dividends with respect to such stock which are attributable to a period or periods aggregating in excess of 366 days. ``(C) Determination of holding periods.--For purposes of this subsection, in determining the period for which the taxpayer has held any share of stock-- ``(i) the day of disposition, but not the day of acquisition, shall be taken into account, ``(ii) there shall not be taken into account any day which is more than 45 days (or 90 days in the case of stock to which subparagraph (B) applies) after the date on which such share becomes ex-dividend, and ``(iii) paragraph (4) of section 1223 shall not apply. ``(D) Holding period reduced for periods where risk of loss diminished.--The holding periods determined under the preceding provisions of this subparagraph shall be appropriately reduced (in the manner provided in regulations prescribed by the Secretary) for any period (during such periods) in which-- ``(i) the taxpayer has an option to sell, is under a contractual obligation to sell, or has made (and not closed) a short sale of, substantially identical stock or securities, ``(ii) the taxpayer is the grantor of an option to buy substantially identical stock or securities, or ``(iii) under regulations prescribed by the Secretary, a taxpayer has diminished his risk of loss by holding 1 or more other positions with respect to substantially similar or related property. The preceding sentence shall not apply in the case of any qualified covered call (as defined in section 1092(c)(4) but without regard to the requirement that gain or loss with respect to the option not be ordinary income or loss). ``(f) Cross Reference.-- ``For special rule relating to mutual savings banks, etc., to which section 593 applies, see section 596.'' (2) Net operating loss deduction.--Paragraph (5) of section 172(d) of such Code is amended to read as follows: ``(5) Computation of deduction for dividends received from certain foreign corporations.--The deduction allowed by section 245 (relating to dividends received from certain foreign corporations) shall be computed without regard to section 245(e)(1).'' (3) Dividends received deduction reduced where portfolio stock is debt financed.-- (A) Subsections (a) and (e) of section 246A of such Code (relating to dividends received deduction reduced where portfolio stock is debt financed) are each amended by striking ``243, 244, or''. (B) Subsection (b) of section 246A of such Code is amended to read as follows: ``(b) Section Not to Apply to Dividends for Which 100 Percent Dividends Received Deduction Allowable.--Subsection (a) shall not apply to dividends received by a small business investment company operating under the Small Business Investment Act of 1958.'' (4) Limitation on dividends received deduction for mutual savings banks, etc.--Section 596 of such Code (relating to limitation on dividends received deduction) is amended by striking ``sections 243, 244, and 245'' and inserting in lieu thereof ``section 245''. (d) Clerical Amendments.--The table of sections for part VIII of subchapter B of chapter 1 is amended by striking the items relating to sections 243, 244, 246, and 247 and inserting after the item relating to section 241 the following: ``Sec. 243. Dividends paid by domestic corporations.'' (e) Effective Date.--The amendments made by this section shall apply to distributions made after June 30, 1993 under the following schedule: (1) for the period beginning July 1, 1993, through December 31, 1994, the amount of the deduction for the taxable year shall be no more than 50 percent of the permitted deduction calculated under this section; (2) for the period beginning January 1, 1995, through December 31, 1996, the amount of the deduction for the taxable year shall be no more than 75 percent of the permitted deduction calculated under this section; and (3) for the period beginning January 1, 1997, the amount of the deduction for the taxable year shall be 100% of the permitted deduction calculated under this section. SEC. 2. REDUCTION IN CAPITAL GAINS TAX. (a) General Rule.--Subsection (h) of section 1 of the Internal Revenue Code of 1986 (relating to maximum capital gains rate is amended to read as follows: ``(j) Maximum Capital Gains Rate.-- ``(1) In general.--If a taxpayer has a qualified net capital gain for any taxable year, then the tax imposed by this section shall not exceed the sum of-- ``(A) a tax computed at the rates and in the same manner as if this subsection had not been enacted on the taxable income reduced by the qualified net capital gain, plus ``(B) a tax equal to the sum of-- ``(i) 23 percent of the 3-to-6 year net gain, ``(ii) 21 percent of the 6-to-9 year net gain, ``(iii) 19 percent of the 9-to-12 year net gain, ``(iv) 17 percent of the 12-to-15 year net gain, plus ``(v) 15 percent of the over 15-year net gain. ``(2) Definitions.--For purposes of this subsection-- ``(A) Qualified net capital gain.--The term `qualified net capital gain' means the lesser of-- ``(i) the net capital gain determined by taking into account only gains and losses from dispositions of assets held for more than 3 years, or ``(ii) the net capital gain. ``(B) 3-to-6 year net gain.--The term `3-to-6 year net gain' means the lesser of-- ``(i) the net capital gain determined by only taking into account gains and losses from dispositions of assets held for more than 3 but not more than 6 years, or ``(ii) the qualified net capital gain. ``(C) 6-to-9 year net gain.--The term `6-to-9 year net gain' means the lesser of-- ``(i) the net capital gain determined by only taking into account gains and losses from dispositions of assets held for more than 6 but not more than 9 years, or ``(ii) the qualified net capital gain reduced by the 3-to-6 year net gain. ``(D) Other definitions.--The 9-to-12 year net gain, 12-to-15 year net gain, and over 15-year net gain shall be determined under principles similar to the principles of subparagraph (C). ``(3) Special rule.--If the highest rate of tax set forth in subsection (a), (b), (c), (d), or (e) (whichever applies) for any taxable year exceeds 28 percent, the amount of the tax determined under such subsection which is attributable to the excess of the net capital gain over the qualified net capital gain shall not exceed 28 percent of such excess.''. (b) Qualified Net Capital Gain Not Taken Into Account In Phase- Out.--Subparagraph (A) of section 1(g)(1) of such Code is amended to read as follows: ``(A) taxable income reduced by the qualified net capital gain (as defined in subsection (j)(2)), over''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1991. SEC. 3. RESTORATION OF INVESTMENT TAX CREDIT FOR PROPERTY WITH LONG USEFUL LIFE. (a) General Rule.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of credit) is amended by striking the period in subparagraph (3) and insert in lieu thereof ``, and'' followed by the following new subparagraph: ``(4) manufacturing equipment credit.''. (b) Manufacturing Equipment Credit.--Section 48 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new section: ``SEC. 48a. MANUFACTURING EQUIPMENT CREDIT. ``(a) In General.--For purposes of section 46, the manufacturing equipment credit for any taxable year is 10 percent of the portion of the amortizable basis of any property if-- ``(1) such property is used as an integral part of manufacturing, production, or extraction, by a domestic manufacturing company, situated within the United States, or its territories, wherein over 50 percent of the total voting stock of such company is owned and controlled by citizens of the United States; ``(2) the class life of such property (as defined in section 168(i)(1)) exceeds 24 months; ``(3) such property is not public utility property (as defined in section 46(f)(5). ``(b) Phase Out of Credit.--For periods after December 31, 1993, the applicable manufacturing equipment credit for any taxable year shall be 7.5 percent of the portion of the amortizable basis of the property.''. (c) Effective Date.--The amendment made by this section shall apply solely to a period beginning January 1, 1993, through December 31, 1996.

Amends the Internal Revenue Code to permit an income tax deduction in the amount of dividends paid by domestic corporations, except S corporations, regulated investment companies, real estate investment trusts, and personal holding companies. Repeals the income tax deductions currently permitted in connection with: (1) dividends received by a corporation; (2) dividends received by a corporation on the preferred stock of a public utility; and (3) dividends paid by a public utility on its preferred stock. Revises the deductible percentage of amounts received by a corporation from a qualified ten-percent owned foreign corporation. Revises the maximum capital gains rate to limit such tax to the sum of: (1) a tax computed at the rates and in the same manner as if capital gains provisions had not been enacted on taxable income reduced by the qualified net capital gain; and (2) a tax equal to the sum of specified percentages of net gains based on number of years (with a maximum percentage of 23 percent of three-to-six year net gains and lower percentages of gains of more than six years). Restores the investment tax credit for manufacturing equipment.

To amend the Internal Revenue Code of 1986 to allow a deduction for dividends paid by domestic corporations, to reduce the tax on capital gains from assets held for more than 3 years, and to restore the investment tax credit for certain property.

TITLE I--FEDERAL TORT CLAIMS AMENDMENTS SEC. 101. REMEDY FOR UNLAWFUL HUMAN EXPERIMENTATION. Chapter 171 of title 28, United States Code, is amended by inserting after section 2680 the following: ``Sec. 2681. Human Experimentation ``Section 2680 shall not apply to-- ``(1) any claim arising out of conduct or research involving a human being as an experimental subject without the informed consent of the subject or a legal representative of the subject; or ``(2) any claim arising out of the subjection of a human being to any experimental chemical, radiological, or biological agent, drug, or other test article without the informed consent of the human subject or a legal representative of the subject. ``Sec. 2682. Nuclear Weapons Facility Operations. ``Section 2680 shall not apply to any claim arising out of operations of any federally owned nuclear weapons facility involved in the production of nuclear weapons under the authority of the Secretary of Energy or any predecessor which had such authority.''. SEC. 102. CONFORMING AMENDMENT. The table of contents for such chapter 171 is amended by adding after the item relating to section 2680 the following: ``2681. Human experimentation. ``2682. Nuclear weapons facility operations.''. TITLE II--CONSTITUTIONAL AND HUMAN RIGHTS VIOLATIONS SEC. 201. JURISDICTION OF DISTRICT COURTS. Section 1346(b) of title 28, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; (2) by adding at the end thereof the following new paragraph: ``(2) Subject to the provisions of chapter 172, the district courts shall have exclusive jurisdiction of civil actions on claims for money damages based on constitutional torts.''. SEC. 202. CONSTITUTIONAL TORTS PROCEDURE. Title 28 of the United States Code is amended by inserting after chapter 171 the following new chapter: ``CHAPTER 172--CONSTITUTIONAL TORTS ``Sec. 2691. Definitions ``As used in this chapter and sections 1346(b)(2) and 2401(b)(2)-- ``(1) the term `Federal agency' includes any executive department, military department, independent establishment of the United States, any person or entity acting as an instrumentality or agent of the United States, any contractor with the United States, any other establishment of the United States (including the Executive Office of the President), and any party acting in concert with the United States; ``(2) the term `employee of the Government' includes officers and employees in the executive branch of the Federal Government, members of the military or naval forces of the United States, members of the National Guard while engaged in training or duty under section 316, 502, 503, 504, or 505 of title 32, and any person acting on behalf of or in concert with a Federal agency, temporarily or permanently in the service of the United States, whether with or without compensation, and whose acts or omissions are done with the knowledge or consent of the United States; and ``(3) the term `constitutional tort' means a violation of the Constitution of the United States or violation of human rights resulting from or caused by the act or omission of a Federal agency or an employee of the Government while acting within the scope of the employee's office, employment, or apparent authority, or which results from the negligent supervision of an employee of the Government. ``Sec. 2692. Administrative adjustment of claims ``(a) The head of each Federal agency may, in accordance with regulations prescribed by the Attorney General, compromise and settle any claim for money damages based on a constitutional tort, except that any award, compromise, or settlement in excess of $25,000 shall be effected only with the prior written approval of the Attorney General. ``(b) Any award, compromise, settlement, or determination made under this section shall be final and conclusive on the United States, except when procured by means of fraud. ``(c) Payment of any award, compromise, or settlement made under this section or made by the Attorney General in any amount under section 2697 shall be paid in a manner similar to judgments and compromises in like causes. Appropriations or funds available for the payment of such judgments and compromises shall be available for the payment of awards, compromises, or settlements under this chapter. ``(d) The acceptance by a claimant of any award, compromise, or settlement made under this section or section 2697 shall be final and conclusive on the claimant, and shall constitute a complete release of any claim against the United States and against the employee of the Government whose act or omission gave rise to the claim, by reason of the same subject matter. ``Sec. 2693. Liability of the United States ``(a) The United States shall be liable for compensatory damages for any constitutional tort, but shall not be liable for interest prior to judgment or for punitive damages except as herein provided. With respect to any claim for money damages based on a constitutional tort, the United States shall be liable for an amount not greater than either-- (1) actual damages, or (2) nominal damages in an amount which is the greater of-- (A) $25,000, or (B) in the case of a continuing violation, $500 per day for each violation. If the conduct giving rise to the constitutional tort claim was undertaken willfully or recklessly, the court shall award, in addition, exemplary damages as are just and reasonable under the circumstances, as determined by the trier of fact. ``(b) A class action in conformity with the requirements of the Federal Rules of Civil Procedure may be instituted on a constitutional tort claim if it satisfies the provisions of rule 23 thereof, and shall be maintained where certified by the court before which the action is filed. ``Sec. 2694. Disposition by Federal agency as prerequisite; evidence ``(a) An action shall not be instituted upon a claim against the United States for money damages based on a constitutional tort unless the claimant shall have first presented the claim to the appropriate Federal agency and that claim shall have been finally denied by the agency in writing and sent to the claimant by certified or registered mail. The failure of an agency to make final disposition of a claim within 6 months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section. This subsection shall not apply to such claims as may be asserted under the Federal Rules of Civil Procedure by third-party complaint, cross-claim, or counterclaim. ``(b) Except as to a class action claim or if damages are not fully ascertainable at the time of presentation pursuant to subsection (a), an action under this section shall not be instituted for any sum in excess of the amount of the claim presented to the Federal agency, except where the increased amount is based upon newly discovered evidence not reasonably discoverable at the time of presenting the claim to the Federal agency or upon allegation and proof of intervening facts, relating to the amount of the claim. ``Sec. 2695. Jury trial ``Any action brought pursuant to this chapter upon a claim for money damages based on a constitutional tort shall, at the request of any party to such action, be tried by the court with a jury. ``Sec. 2696. Judgment as bar ``The judgment in an action under section 1346(b)(2) shall constitute a complete bar to any action by the claimant involved, by reason of the same constitutional violation against the employee of the Government whose act or omission gave rise to the claim, but shall not act as a release on any claim for violation of any other law. ``Sec. 2697. Compromise ``The Attorney General may arbitrate, compromise, or settle any claim cognizable under section 1346(b)(2), after the commencement of an action on that claim. ``Sec. 2698. Attorney fees; penalty ``(a) Any claimant to whom a judgment is awarded under section 1346(b)(2), or to whom an award, compromise, or settlement is made under section 2697 or 2692 shall, in addition to such judgment, award, compromise, or settlement, be entitled to receive a reasonable attorney's fee and other litigation costs reasonably incurred, including attorney fees and costs attributable to processing an administrative claim under section 2692. The amount of such attorney's fee may not exceed 25 per cent of any judgment rendered under section 1346(b)(2) or any award, compromise, or settlement made under section 2697, except as otherwise approved by the court before whom the action is filed, or 20 per cent of any award, compromise, or settlement made under section 2692. ``(b) Any attorney who charges, demands, receives, or collects for services rendered in connection with a judgment, award, compromise, or settlement described in subsection (a) any amount in excess of that allowed under subsection (a) shall, if recovery be had, be fined not more than $2,000 or imprisoned not more than one year, or both. ``Sec. 2699. Exclusiveness of remedy ``(a) The authority of any Federal agency to sue and be sued in its own name shall not be construed to authorize suits against such Federal agency on constitutional tort claims arising under this chapter which are cognizable under section 1346(b)(2), and the remedies provided by this title in such case shall be exclusive. ``(b)(1) Upon filing a claim with the district court under section 1346(b)(2), the remedy against the United States provided by section 2693 for claims for money damages based on constitutional torts shall be exclusive of any other Federal civil action or proceeding for money damages by reason of the same subject matter against the employee whose act or omission gave rise to the claim or against the estate of such employee. ``(2) Paragraph (1) does not extend or apply to a civil action against an employee of the Government-- ``(A) which is brought against the employee for acting outside the scope of the employee's office or employment in violation of the Constitution of the United States, or ``(B) which is brought for a violation of a statute of the United States or a statute of any State under which such action against an individual is otherwise authorized. ``(c) The provisions of this chapter shall be limited to constitutional tort claims against Federal agencies or employees of the Government. Nothing in this chapter shall preclude or preempt suit against any person or entity on any other claim, whether based on international, Federal, State, or common law, and no provision of this chapter shall act as a release, waiver, or bar to such claim. ``(d) Upon certification by the Attorney General pursuant to subsection (e), the Attorney General shall defend any civil action or proceeding brought in any court against any employee of the Government or against the estate of such employee for money damages based on any constitutional tort. The employee against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon the employee or an attested true copy thereof to the employee's immediate superior or to whomever was designated by the head of the employee's department to receive such papers and such person shall promptly furnish copies of the pleadings and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought, to the Attorney General, and to the head of the employee's employing Federal agency. ``(e)(1) Upon certification by the Attorney General that the defendant was acting within the scope of the defendant's office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a United States district court shall be deemed an action against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. ``(2) Upon certification by the Attorney General that the defendant was acting within the scope of the defendant's office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States for the district and division embracing the place in which the action or proceeding is pending. Such action or proceeding shall be deemed to be an action or proceeding brought against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. This certification of the Attorney General shall conclusively establish scope of office or employment for purposes of removal. ``(3) In the event that the Attorney General has refused to certify scope of office or employment under this section, the employee may at any time before trial, petition the court to find and certify that the employee was acting within the scope of the employee's office or employment. Upon such certification by the court, such action or proceeding shall be deemed to be an action or proceeding brought against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. A copy of the petition shall be served upon the United States in accordance with the provisions of rule 4(d)(4) of the Federal Rules of Civil Procedure. In the event the petition is filed in a civil action or proceeding pending in a State court, the action or proceeding may be removed without bond by the Attorney General to the district court of the United States for the district and division embracing the place in which it is pending. If, in considering the petition, the district court determines that the employee was not acting within the scope of the employee's office or employment, the action or proceeding shall be remanded to the State court. ``(4) Upon certification, any action or proceeding subject to paragraph (1), (2), or (3) shall proceed in the same manner as any action against the United States filed pursuant to section 1346(b)(2) and shall be subject to the limitations and exceptions applicable to those actions. ``(5) Whenever an action or proceeding in which the United States is substituted as the party defendant under this subsection is dismissed for failure to first present a claim pursuant to section 2694(a), such a claim shall be deemed to be timely presented under section 2401(b)(2) if-- ``(A) the claim would have been timely had it been filed on the date the underlying civil action was commenced, and ``(B) the claim is presented to the appropriate Federal agency within 60 days after dismissal of the civil action. ``(f) The Attorney General may compromise or settle any claim asserted in any civil action or proceeding described in this section in the manner provided in section 2697, and with the same effect. ``Sec. 2700. Administrative action concerning employee ``Where an action or proceeding under section 1346(b)(2) or 2692 on a constitutional tort results in a judgment against the United States or an award, compromise, or settlement paid by the United States, the Attorney General shall forward the matter to the head of the Federal agency which employed the employee at the time of the employee's alleged act or omission giving rise to the claim upon which the action or proceeding was based, for such further administrative investigation or disciplinary action as may be appropriate. In any administrative proceeding relating to such investigation or disciplinary action, the employee may assert as a defense the employee's reasonable good-faith belief in the lawfulness of the employee's conduct.''. SEC. 203. STATUTE OF LIMITATION, TECHNICAL AND CONFORMING AMENDMENTS. (a) Section 2401.--Section 2401(b) of title 28, United States Code, concerning the statute of limitations, is amended-- (1) by inserting ``(1)'' immediately after ``(b)''; (2) by inserting ``cognizable under section 1346(b)(1) of chapter 171'' after ``United States''; (3) by adding at the end the following: ``any claim arising out of unlawful human experimentation within the meaning of section 2681 shall not be barred if presented in writing to the appropriate Federal agency within 3 years from the date of the enactment of section 2681.''; and (4) by adding after paragraph (1) the following: ``(2) A claim for money damages based on a constitutional tort against the United States cognizable under section 1346(b)(2) of chapter 172 shall be forever barred unless it is presented in writing to the appropriate Federal agency within 2 years after such claim accrues or unless action is begun within 6 months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented, except that any claim accruing prior to enactment of chapter 172 shall not be barred if presented in writing to the appropriate Federal agency within 3 years from the date of enactment of chapter 172.''. (b) Section 2402.--Section 2402 of title 28, United States Code, is amended by inserting ``or 1346(b)(2)'' after ``1346(a)(1)''. (c) Section 2674.--Section 2674 of title 28, United States Code, is amended by inserting immediately after ``claims'' the following: ``to which section 1346(b)(1) of this title applies''. (d) Multiple Sections.--Sections 2676, 2677, 2678, and 2679 of title 28, United States Code, are amended by striking out ``1346(b)'' each place it appears and inserting in lieu thereof ``1346(b)(1)''. (e) Section 2680.--Section 2680 of title 28, United States Code, is amended by striking out ``1346(b)'' and inserting in lieu thereof ``1346(b)(1)''. (f) Section 1402.--Section 1402(b) of title 28, United States Code, is amended by striking out ``subsection (b)'' and inserting in lieu thereof ``subsections (b)(1) and (b)(2)''. (g) Table of Chapters.--The table of chapters for part VI of title 28, United States Code, is amended by inserting after the item relating to chapter 171 the following new item: ``172. Constitutional Torts................................. 2691''.

TABLE OF CONTENTS: Title I: Federal Tort Claims Amendments Title II: Constitutional and Human Rights Violations Title I: Federal Tort Claims Amendments - Makes the Federal Tort Claims Act applicable to any claim arising out of: (1) conduct or research involving a human being as an experimental subject without the informed consent of the subject or a legal representative; (2) the subjection of a human being to any experimental chemical, radiological, or biological agent, drug, or other test article without informed consent; and (3) operations of any federally owned nuclear weapons facility involved in the production of nuclear weapons under the authority of the Secretary of Energy or any predecessor. Title II: Constitutional and Human Rights Violations - Grants the district courts exclusive jurisdiction of civil actions on claims for money damages based on constitutional torts. Authorizes the head of each Federal agency to compromise and settle any claim for money damages based on a constitutional tort, except that any award, compromise, or settlement in excess of $25,000 shall be effected only with the Attorney General's prior written approval. Sets forth provisions regarding limits on the liability of the United States, disposition by a Federal agency as a prerequisite to court action, jury trial requirements, the effect of certain judgments as a bar to an action, the Attorney General's authority to compromise such a claim, attorney's fees, exclusiveness of remedy, and administrative action concerning the responsible employee when a judgment is awarded against, or a settlement is paid by, the United States. Establishes a statute of limitations of: (1) three years for claims arising out of unlawful human experimentation; and (2) two years for claims against the United States for money damages based on a constitutional tort, with exceptions.

To amend title 28 of the United States Code to provide for a remedy against the United States for claims based upon conduct involving human experimentation, to provide a remedy against the United States with respect to constitutional and human rights violations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Data Center Consolidation Act of 2013''. SEC. 2. FEDERAL DATA CENTER CONSOLIDATION INITIATIVE. (a) Definitions.--In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator for the Office of E-Government and Information Technology within the Office of Management and Budget. (2) Covered agency.--The term ``covered agency'' means the following (including all associated components of the agency): (A) Department of Agriculture; (B) Department of Commerce; (C) Department of Defense; (D) Department of Education; (E) Department of Energy; (F) Department of Health and Human Services; (G) Department of Homeland Security; (H) Department of Housing and Urban Development; (I) Department of the Interior; (J) Department of Justice; (K) Department of Labor; (L) Department of State; (M) Department of Transportation; (N) Department of Treasury; (O) Department of Veterans Affairs; (P) Environmental Protection Agency; (Q) General Services Administration; (R) National Aeronautics and Space Administration; (S) National Science Foundation; (T) Nuclear Regulatory Commission; (U) Office of Personnel Management; (V) Small Business Administration; (W) Social Security Administration; and (X) United States Agency for International Development. (3) FDCCI.--The term ``FDCCI'' means the Federal Data Center Consolidation Initiative described in the Office of Management and Budget Memorandum on the Federal Data Center Consolidation Initiative, dated February 26, 2010, or any successor thereto. (4) Government-wide data center consolidation and optimization metrics.--The term ``Government-wide data center consolidation and optimization metrics'' means the metrics established by the Administrator under subsection (b)(2)(G). (b) Federal Data Center Consolidation Inventories and Strategies.-- (1) In general.-- (A) Annual reporting.--Each year, beginning in the first fiscal year after the date of enactment of this Act and each fiscal year thereafter, the head of each covered agency, assisted by the Chief Information Officer of the agency, shall submit to the Administrator-- (i) a comprehensive inventory of the data centers owned, operated, or maintained by or on behalf of the agency; and (ii) a multi-year strategy to achieve the consolidation and optimization of the data centers inventoried under clause (i), that includes-- (I) performance metrics-- (aa) that are consistent with the Government-wide data center consolidation and optimization metrics; and (bb) by which the quantitative and qualitative progress of the agency toward the goals of the FDCCI can be measured; (II) a timeline for agency activities to be completed under the FDCCI, with an emphasis on benchmarks the agency can achieve by specific dates; (III) year-by-year calculations of investment and cost savings for the period beginning on the date of enactment of this Act and ending on the date described in subsection (e), broken down by each year, including a description of any initial costs for data center consolidation and optimization and life cycle cost savings and other improvements, with an emphasis on-- (aa) meeting the Government-wide data center consolidation and optimization metrics; and (bb) demonstrating the amount of agency-specific cost savings each fiscal year achieved through the FDCCI; and (IV) any additional information required by the Administrator. (B) Use of other reporting structures.--The Administrator may require a covered agency to include the information required to be submitted under this subsection through reporting structures determined by the Administrator to be appropriate. (C) Department of defense reporting.--For any year that the Department of Defense is required to submit a performance plan for reduction of resources required for data servers and centers, as required under section 2867(b) of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 2223a note), the Department of Defense-- (i) may submit to the Administrator, in lieu of the multi-year strategy required under subparagraph (A)(ii)-- (I) the defense-wide plan required under section 2867(b)(2) of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 2223a note); and (II) the report on cost savings required under section 2867(d) of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 2223a note); and (ii) shall submit the comprehensive inventory required under subparagraph (A)(i), unless the defense-wide plan required under section 2867(b)(2) of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 2223a note)-- (I) contains a comparable comprehensive inventory; and (II) is submitted under clause (i). (D) Statement.--Each year, beginning in the first fiscal year after the date of enactment of this Act and each fiscal year thereafter, the head of each covered agency, acting through the Chief Information Officer of the agency, shall-- (i)(I) submit a statement to the Administrator stating whether the agency has complied with the requirements of this Act; and (II) make the statement submitted under subclause (I) publically available; and (ii) if the agency has not complied with the requirements of this Act, submit a statement to the Administrator explaining the reasons for not complying with such requirements. (E) Agency implementation of strategies.--Each covered agency, under the direction of the Chief Information Officer of the agency, shall-- (i) implement the strategy required under subparagraph (A)(ii); and (ii) provide updates to the Administrator, on a quarterly basis, of-- (I) the completion of activities by the agency under the FDCCI; (II) any progress of the agency towards meeting the Government-wide data center consolidation and optimization metrics; and (III) the actual cost savings and other improvements realized through the implementation of the strategy of the agency. (F) Rule of construction.--Nothing in this Act shall be construed to limit the reporting of information by a covered agency to the Administrator, the Director of the Office of Management and Budget, or Congress. (2) Administrator responsibilities.--The Administrator shall-- (A) establish the deadline, on an annual basis, for covered agencies to submit information under this section; (B) establish a list of requirements that the covered agencies must meet to be considered in compliance with paragraph (1); (C) ensure that information relating to agency progress towards meeting the Government-wide data center consolidation and optimization metrics is made available in a timely manner to the general public; (D) review the inventories and strategies submitted under paragraph (1) to determine whether they are comprehensive and complete; (E) monitor the implementation of the data center strategy of each covered agency that is required under paragraph (1)(A)(ii); (F) update, on an annual basis, the cumulative cost savings realized through the implementation of the FDCCI; and (G) establish metrics applicable to the consolidation and optimization of data centers Government-wide, including metrics with respect to-- (i) costs; (ii) efficiencies, including at least server efficiency; and (iii) any other metrics the Administrator establishes under this subparagraph. (3) Cost saving goal and updates for congress.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Administrator shall develop, and make publically available, a goal, broken down by year, for the amount of planned cost savings and optimization improvements achieved through the FDCCI during the period beginning on the date of enactment of this Act and ending on the date described in subsection (e). (B) Annual update.-- (i) In general.--Not later than 1 year after the date on which the goal described in subparagraph (A) is made publically available, and each year thereafter, the Administrator shall aggregate the reported cost savings of each covered agency and optimization improvements achieved to date through the FDCCI and compare the savings to the projected cost savings and optimization improvements developed under subparagraph (A). (ii) Update for congress.--The goal required to be developed under subparagraph (A) shall be submitted to Congress and shall be accompanied by a statement describing-- (I) whether each covered agency has in fact submitted a comprehensive asset inventory, including an assessment broken down by agency, which shall include the specific numbers, utilization, and efficiency level of data centers; and (II) whether each covered agency has submitted a comprehensive consolidation strategy with the key elements described in paragraph (1)(A)(ii). (4) GAO review.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Comptroller General of the United States shall review and verify the quality and completeness of the asset inventory and strategy of each covered agency required under paragraph (1)(A). (B) Report.--The Comptroller General of the United States shall, on an annual basis, publish a report on each review conducted under subparagraph (A). (c) Ensuring Cybersecurity Standards for Data Center Consolidation and Cloud Computing.-- (1) In general.--In implementing a data center consolidation and optimization strategy under this Act, a covered agency shall do so in a manner that is consistent with Federal guidelines on cloud computing security, including-- (A) applicable provisions found within the Federal Risk and Authorization Management Program (FedRAMP); and (B) guidance published by the National Institute of Standards and Technology. (2) Rule of construction.--Nothing in this Act shall be construed to limit the ability of the Director of the Office of Management and Budget to update or modify the Federal guidelines on cloud computing security. (d) Waiver of Requirements.--The Director of National Intelligence and the Secretary of Defense, or their respective designee, may waive the applicability to any national security system, as defined in section 3542 of title 44, United States Code, of any provision of this Act if the Director of National Intelligence or the Secretary of Defense, or their respective designee, determines that such waiver is in the interest of national security. Not later than 30 days after making a waiver under this subsection, the Director of National Intelligence or the Secretary of Defense, or their respective designee, shall submit to the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate and the Committee on Oversight and Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives a statement describing the waiver and the reasons for the waiver. (e) Sunset.--This Act is repealed effective on October 1, 2018. Passed the Senate September 18, 2014. Attest: NANCY ERICKSON, Secretary.

Federal Data Center Consolidation Act of 2013 - Requires the heads of specified federal agencies, assisted by their chief information officers, to submit to the Administrator for the Office of E-Government and Information Technology of the Office of Management and Budget (OMB) each fiscal year: (1) a comprehensive inventory of data centers owned, operated, or maintained by each such agency; and (2) a multi-year strategy to achieve the consolidation and optimization of such data centers that includes performance metrics, a timeline for agency activities to be completed under the OMB Federal Data Center Consolidation Initiative (FDCCI), and year-by-year calculations of investments and cost savings. Provides that for any year that the Department of Defense (DOD) is required to submit a performance plan for the reduction of resources required for data servers and centers, DOD: (1) may submit to the Administrator, in lieu of the multi-year strategy, the defense-wide plan and report on cost savings required by the National Defense Authorization Act for Fiscal Year 2012; and (2) shall submit the comprehensive inventory required by this Act unless the defense-wide plan contains a comparable comprehensive inventory. Requires the Administrator to: (1) establish deadlines for annual reporting and requirements such agencies must meet to be considered in compliance with this Act, (2) develop and make publicly available a goal for the amount of planned cost savings and optimization improvements achieved through the FDCCI during a specified period, (3) aggregate the reported cost savings of each agency and optimization improvements achieved to date through the FDCCI and compare such savings to the projected cost savings and optimization improvements achieved through the FDCCI, and (4) report to Congress. Directs the Comptroller General (GAO) to review and verify the quality and completeness of the asset inventory and strategy of each agency and report to Congress. Requires such agencies to implement their data center consolidation and optimization strategies consistent with federal guidelines on cloud computing security, including: (1) applicable provisions in the Federal Risk and Authorization Management Program (FedRAMP), and (2) guidance published by the National Institute of Standards and Technology (NIST).  Authorizes the Director of National Intelligence (DNI) and the Secretary of Defense to waive the applicability of any provision of this Act to any national security system if such waiver is in the interest of national security. Requires the Director or the Secretary to submit to specified congressional committees a statement describing the waiver and the reasons for it. Repeals this Act effective on October 1, 2018.

Federal Data Center Consolidation Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combat-Injured Veterans Tax Fairness Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Approximately 10,000 to 11,000 individuals are retired from service in the Armed Forces for medical reasons each year. (2) Some of such individuals are separated from service in the Armed Forces for combat-related injuries (as defined in section 104(b)(3) of the Internal Revenue Code of 1986). (3) Congress has recognized the tremendous personal sacrifice of veterans with combat-related injuries by, among other things, specifically excluding from taxable income severance pay received for combat-related injuries. (4) Since 1991, the Secretary of Defense has improperly withheld taxes from severance pay for wounded veterans, thus denying them their due compensation and a significant benefit intended by Congress. (5) Many veterans owed redress are beyond the statutory period to file an amended tax return because they were not or are not aware that taxes were improperly withheld. SEC. 3. RESTORATION OF AMOUNTS IMPROPERLY WITHHELD FOR TAX PURPOSES FROM SEVERANCE PAYMENTS TO VETERANS WITH COMBAT-RELATED INJURIES. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall-- (1) identify-- (A) the severance payments-- (i) that the Secretary paid after January 17, 1991; (ii) that the Secretary computed under section 1212 of title 10, United States Code; (iii) that were not considered gross income pursuant to section 104(a)(4) of the Internal Revenue Code of 1986; and (iv) from which the Secretary withheld amounts for tax purposes; and (B) the individuals to whom such severance payments were made; and (2) with respect to each person identified under paragraph (1)(B), provide-- (A) notice of-- (i) the amount of severance payments in paragraph (1)(A) which were improperly withheld for tax purposes; and (ii) such other information determined to be necessary by the Secretary of Treasury to carry out the purposes of this section; and (B) instructions for filing amended tax returns to recover the amounts improperly withheld for tax purposes. (b) Extension of Limitation on Time for Credit or Refund.-- (1) Period for filing claim.--If a claim for credit or refund under section 6511(a) of the Internal Revenue Code of 1986 relates to a specified overpayment, the 3-year period of limitation prescribed by such subsection shall not expire before the date which is 1 year after the date the information return described in subsection (a)(2) is filed. The allowable amount of credit or refund of a specified overpayment shall be determined without regard to the amount of tax paid within the period provided in section 6511(b)(2). (2) Specified overpayment.--For purposes of paragraph (1), the term ``specified overpayment'' means an overpayment attributable to a severance payment described in subsection (a)(1). SEC. 4. REQUIREMENT THAT SECRETARY OF DEFENSE ENSURE AMOUNTS ARE NOT WITHHELD FOR TAX PURPOSES FROM SEVERANCE PAYMENTS NOT CONSIDERED GROSS INCOME. The Secretary of Defense shall take such actions as may be necessary to ensure that amounts are not withheld for tax purposes from severance payments made by the Secretary to individuals when such payments are not considered gross income pursuant to section 104(a)(4) of the Internal Revenue Code of 1986. SEC. 5. REPORT TO CONGRESS. (a) In General.--After completing the identification required by section 3(a) and not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the actions taken by the Secretary to carry out this Act. (b) Contents.--The report submitted under subsection (a) shall include the following: (1) The number of individuals identified under section 3(a)(1)(B). (2) Of all the severance payments described in section 3(a)(1)(A), the aggregate amount that the Secretary withheld for tax purposes from such payments. (3) A description of the actions the Secretary plans to take to carry out section 4. (c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services, the Committee on Veterans' Affairs, and the Committee on Finance of the Senate; and (2) the Committee on Armed Services, the Committee on Veterans' Affairs, and the Committee on Ways and Means of the House of Representatives.

Combat-Injured Veterans Tax Fairness Act of 2016 This bill directs the Department of Defense (DOD) to identify: certain severance payments to veterans with combat-related injuries paid after January 17, 1991, from which DOD withheld amounts for tax purposes, and the individuals to whom such severance payments were made. DOD shall provide each such veteran with: notice of the amount of improperly withheld severance payments, and instructions for filing amended tax returns to recover such amount. The period for filing a related claim with the Internal Revenue Service for a credit or refund is extended beyond the three-year limitation to the date that is one year after DOD provides the veteran with the information required by this Act. DOD shall ensure that amounts are not withheld for tax purposes from DOD severance payments to individuals when such payments are not considered gross income.

Combat-Injured Veterans Tax Fairness Act of 2016

SECTION 1. REPORTING OF BUNDLED CONTRIBUTIONS BY PERSONS OTHER THAN REGISTERED LOBBYISTS. (a) In General.--Subsection (i) of section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(i)), as added by the Honest Leadership and Open Government Act of 2007, is amended-- (1) in paragraph (1), by striking ``reasonably known by the committee to be a person described in paragraph (7)''; (2) in paragraph (2), by striking ``means, with respect to a committee'' and all that follows through ``threshold.'' and inserting the following: ``means-- ``(A) with respect to a committee which is an authorized committee of a candidate for the office of President or for nomination to such office-- ``(i) the 2-year period preceding the date of the election for the office of the President; and ``(ii) any reporting period applicable to the committee under this section during which any person provided 2 or more bundled contributions to the committee in an aggregate amount greater than the applicable threshold; and ``(B) with respect to any other committee-- ``(i) the period beginning January 1 and ending June 30 of each year; ``(ii) the period beginning July 1 and ending December 31 of each year; and ``(iii) any reporting period applicable to the committee under this section during which any person provided 2 or more bundled contributions to the committee in an aggregate amount greater than the applicable threshold.''; (3) in paragraph (3)-- (A) by striking subparagraph (A) and inserting the following: ``(A) In general.--In this subsection, the `applicable threshold' is-- ``(i) $50,000 in the case of a committee which is an authorized committee of a candidate for the office of President or for nomination to such office; and ``(ii) $15,000 in the case of any other committee. In determining whether the amount of bundled contributions provided to a committee by a person exceeds the applicable threshold, there shall be excluded any contribution made to the committee by the person or the person's spouse.''; and (B) in subparagraph (B), by striking ``the amount'' each place it appears and inserting ``each amount''; (4) in paragraph (5), by striking ``described in paragraph (7)'' each place it appears in subparagraphs (C) and (D); (5) by striking paragraph (7) and inserting the following: ``(7) Separate reporting for certain persons.--Each committee required to include a schedule under paragraph (1) shall also include a separate schedule setting forth the name, address, and employer of each person listed on the schedule required under paragraph (1) who, at the time a contribution is forwarded to a committee as described in paragraph (8)(A)(i) or is received by a committee as described in paragraph (8)(A)(ii), is-- ``(A) a current registrant under section 4(a) of the Lobbying Disclosure Act of 1995; ``(B) an individual who is listed on a current registration filed under section 4(b)(6) of such Act or a current report under section 5(b)(2)(C) of such Act; or ``(C) a political committee established or controlled by such a registrant or individual. The schedule required under the preceding sentence shall also include the aggregate amount of bundled contributions provided by each such person during the covered period.''; and (6) in paragraph (8)(A)-- (A) by striking ``and a person described in paragraph (7)''; and (B) by adding at the end the following flush sentence: ``The term `bundled contribution' shall not include any contribution forwarded by or credited to (through records, designations, or other means of recognizing a certain amount of money has been raised) a person who is a regularly paid employee of the committee.''. (b) Effective Date.--The amendments made by this section shall take effect as if included in section 204 of the Honest Leadership and Open Government Act of 2007.

Amends the Federal Election Campaign Act of 1971, as amended by the Honest Leadership and Open Government Act of 2007, to revise requirements for disclosure of bundled contributions, particularly by an authorized committee of a candidate for the office of President or for nomination to such office (presidential candidate committee). Applies such reporting requirements to bundled contributions by persons other than registered lobbyists. Requires reporting of lobbyist contributions on a separate schedule. Sets the covered period for such reports as the two-year period preceding a presidential election, as well as any applicable reporting period during which any person provided two or more bundled contributions in an aggregate amount greater than the specified applicable amount. Increases the applicable threshold triggering such reporting requirement from $15,000 (currently applicable to any authorized committee of a candidate, a leadership PAC, or a political party committee) to $50,000 in the case of a presidential candidate committee. Excludes from the calculation of a bundled contribution any contribution by the candidate or the candidate's spouse.

A bill to amend the Federal Election Campaign Act of 1971 to require reporting relating to bundled contributions made by persons other than registered lobbyists.

on the Budget or BBEDCA; or (3) designated as being for disaster relief pursuant to section 251(b)(2)(D) of BBEDCA. Sec. 560. None of the funds made available to the Department of Homeland Security by this or any other Act may be obligated for any structural pay reform that affects more than 100 full-time equivalent employee positions or costs more than $5,000,000 in a single year before the end of the 30-day period beginning on the date on which the Secretary of Homeland Security submits to Congress a notification that includes-- (1) the number of full-time equivalent employee positions affected by such change; (2) funding required for such change for the current year and through the Future Years Homeland Security Program; (3) justification for such change; and (4) an analysis of compensation alternatives to such change that were considered by the Department. Sec. 561. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Committees on Appropriations of the Senate and the House of Representatives in this Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if-- (1) the public posting of the report compromises homeland or national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days except as otherwise specified in law. Sec. 562. Of amounts transferred to the Disaster Assistance Direct Loan Program pursuant to the Community Disaster Loan Act of 2005 (Public Law 109-88), $27,338,101 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. Sec. 563. The Administrator of the Federal Emergency Management Agency shall transfer $56,872,752 in unobligated balances made available for the appropriations account for ``Federal Emergency Management Agency, Disaster Assistance Direct Loan Program Account'' by section 4502 of Public Law 110-28 to the appropriations account for ``Federal Emergency Management Agency, Disaster Relief Fund'': Provided, That amounts transferred to such account under this section shall be available for any authorized purpose of such account: Provided further, That amounts transferred pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget are 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 and shall be transferred only if the President subsequently so designates the entire transfer and transmits such designation to the Congress. Sec. 564. None of the funds made available by this Act may be obligated or expended to sustain domestic prosecutions based on any charge related to the Arms Trade Treaty, or to implement the Treaty, until the Senate approves a resolution of ratification for the Treaty and the Senate and the House of Representatives adopt implementing legislation for the Treaty. Sec. 565. Of the funds appropriated to the Department of Homeland Security, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177): (1) $7,324,000 from unobligated prior year balances from ``Analysis and Operations'' from the Office of Intelligence and Analysis; (2) $7,000,000 from unobligated prior year balances from ``U.S. Customs and Border Protection, Automation Modernization''; (3) $21,856,000 from unobligated prior year balances from ``U.S. Customs and Border Protection, Border Security, Fencing, Infrastructure, and Technology''; (4) $12,000,000 from unobligated prior year balances from ``U.S. Customs and Border Protection, Air and Marine Operations''; (5) $4,500,000 from unobligated prior year balances from ``U.S. Customs and Border Protection, Construction and Facilities Management''; and (6) $13,758,918 from ``Federal Emergency Management Agency, National Predisaster Mitigation Fund'' account 70 x 0716; (7) $5,800,000 from Public Law 112-74 under the heading ``Coast Guard, Acquisition, Construction, and Improvements''; (8) $16,445,000 from Public Law 113-76 under the heading ``Coast Guard, Acquisition, Construction, and Improvements''; (9) $28,000,000 from Public Law 114-4 under the heading ``Transportation Security Administration, Aviation Security''; (10) $5,000,000 from unobligated prior year balances from ``Transportation Security Administration, Surface Transportation''; (11) $393,000 from Public Law 113-6 under the heading ``Science and Technology, Research, Development, Acquisition, and Operations''; (12) $8,500,000 from Public Law 113-76 under the heading ``Science and Technology, Research, Development, Acquisition, and Operations''; and (13) $1,107,000 from Public Law 114-4 under the heading ``Science and Technology, Research, Development, Acquisition, and Operations''. Sec. 566. From the unobligated balances made available in the Department of the Treasury Forfeiture Fund established by section 9703 of title 31, United States Code, (added by section 638 of Public Law 102-393), $175,000,000 shall be rescinded. visa waiver program country designation for poland Sec. 567. Notwithstanding any provision of section 217 of the Immigration and Nationality Act (8 U.S.C. 1187), the Secretary of Homeland Security may designate Poland as a program country under the visa waiver program established by that section. This division may be cited as the ``Department of Homeland Security Appropriations Act, 2016''.

An Act Making Appropriations for Law Enforcement and for Other Purposes, 2016 Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016 Provides FY2016 appropriations to: the Department of Commerce; the Department of Justice (DOJ); science agencies, including the National Aeronautics and Space Administration (NASA) and the National Science Foundation (NSF); the Department of Homeland Security (DHS); and several related agencies. Department of Commerce Appropriations Act, 2016 Provides appropriations to the Department of Commerce for the International Trade Administration, the Office of the U.S. Trade Representative, the Bureau of Industry and Security, the Economic Development Administration, the Minority Business Development Agency, Economic and Statistical Analysis, the Bureau of the Census, the National Telecommunications and Information Administration, the U.S Patent and Trademark Office, the National Institute of Standards and Technology, the National Oceanic and Atmospheric Administration, and Departmental Management. Department of Justice Appropriations Act, 2016 Provides appropriations to DOJ for: General Administration; the U.S. Parole Commission; Legal Activities; the U.S. Marshals Service; the National Security Division; Interagency Law Enforcement; the Federal Bureau of Investigation; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Federal Prison System. Provides appropriations to DOJ for State and Local Law Enforcement Activities, including the Office on Violence Against Women, the Office of Justice Programs, and Community Oriented Policing Services (COPS). Science Appropriations Act, 2016 Provides appropriations to the Office of Science and Technology Policy, NASA, and the NSF. Provides appropriations to related agencies, including the Commission on Civil Rights, the Equal Employment Opportunity Commission, the U.S. International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, and the State Justice Institute. Department of Homeland Security Appropriations Act, 2016 Provides FY2016 appropriations to the Department of Homeland Security (DHS). Provides appropriations for Departmental Management and Operations for the Office of the Secretary and Executive Management, the Office of the Under Secretary for Management, the Office of the Chief Financial Officer, the Office of the Chief Information Officer, Analysis and Operations, and the Office of Inspector General. Provides appropriations for Security, Enforcement, and Investigations for the U.S. Customs and Border Protection, the U.S. Immigration and Customs Enforcement, the Transportation Security Administration, the U.S. Coast Guard, and the U.S. Secret Service. Provides appropriations for Protection, Preparedness, Response, and Recovery for the National Protection and Programs Directorate, the Office of Health Affairs, and the Federal Emergency Management Agency. Provides appropriations for Research, Development, Training, and Services for the U.S. Citizen and Immigration Services, the Federal Law Enforcement Training Center, Science and Technology, and the Domestic Nuclear Detection Office. Sets forth permissible, restricted, and prohibited uses for funds provided by this and other appropriations Acts.

An Act Making Appropriations for Law Enforcement and for Other Purposes, 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Tax Relief Act of 1995''. SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES. (a) Deduction Allowed.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. HIGHER EDUCATION TUITION AND FEES; INTEREST ON STUDENT LOANS. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to the sum of-- ``(1) the qualified higher education expenses, plus ``(2) interest on qualified higher education loans, paid by the taxpayer during the taxable year. ``(b) Qualified Higher Education Expenses.--For purposes of this section-- ``(1) Qualified higher education expenses.-- ``(A) In general.--The term `qualified higher education expenses' means tuition and fees required for the enrollment or attendance of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, as an eligible student at an institution of higher education. ``(B) Exception for education involving sports, etc.--Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies unless such expenses-- ``(i) are part of a degree program, or ``(ii) are deductible under this chapter without regard to this section. ``(C) Exception for nonacademic fees.--Such term does not include any student activity fees, athletic fees, insurance expenses, or other expenses unrelated to a student's academic course of instruction. ``(D) Eligible student.--For purposes of subparagraph (A), the term `eligible student' means a student who meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)). ``(2) Dollar limitation.-- ``(A) In general.--The amount taken into account under paragraph (1) for any taxable year shall not exceed $10,000. ``(B) Phase-in.--In the case of taxable years beginning in 1996, 1997, 1998, and 1999, the following amounts shall be substituted for `$10,000' in subparagraph (A): ``For taxable years The substitute beginning in: amount is: 1996....................... $2,000 1997....................... 4,000 1998....................... 6,000 1999....................... 8,000. ``(3) Limitation based on modified adjusted gross income.-- ``(A) In general.--If the modified adjusted gross income of the taxpayer for the taxable year exceeds $70,000 ($100,000 in the case of a joint return), the amount which would (but for this paragraph) be taken into account under paragraph (1) shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be taken into account as such excess bears to $20,000. ``(B) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 1996, the $70,000 and $100,000 amounts contained in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, except that section 1(f)(3)(B) shall be applied by substituting `1995' for `1992'. ``(C) Rounding.--If any amount as adjusted under subparagraph (B) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50 (or if such amount is a multiple of $25, such amount shall be rounded to the next highest multiple of $50). ``(D) Modified adjusted gross income.--The term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year determined-- ``(i) without regard to this section and sections 911, 931, and 933, and ``(ii) after the application of sections 86, 135, 219, and 469. ``(4) Institution of higher education.--The term `institution of higher education' means an institution which-- ``(A) is described in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088), and ``(B) is eligible to participate in programs under title IV of such Act. ``(c) Qualified Higher Education Loan.--For purposes of this section-- ``(1) In general.--The term `qualified higher education loan' means a loan to a student which is-- ``(A) made, insured, or guaranteed by the Federal Government, ``(B) made by a State or a political subdivision of a State, ``(C) made from the proceeds of a qualified student loan bond under section 144(b), or ``(D) made by an institution of higher education (as defined in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a))). ``(2) Limitation.-- ``(A) In general.--The amount of interest on a qualified higher education loan which is taken into account under subsection (a)(2) shall be reduced by the amount which bears the same ratio to such amount of interest as-- ``(i) the proceeds from such loan used for qualified higher education expenses, bears to ``(ii) the total proceeds from such loan. ``(B) Qualified higher education expenses.--For purposes of subparagraph (A), the term `qualified higher education expenses' has the meaning given such term by subsection (b), except that-- ``(i) such term shall include reasonable living expenses while away from home, and ``(ii) the limitations of paragraphs (2) and (3) of subsection (b) shall not apply. ``(d) Coordination With Other Provisions.-- ``(1) No double benefit.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for qualified higher education expenses or interest on qualified higher education loans with respect to which a deduction is allowed under any other provision of this chapter. ``(B) Savings bond exclusion.--A deduction shall be allowed under subsection (a)(1) for qualified higher education expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135 for the taxable year. ``(2) Qualified residence interest.--If a deduction is allowed under subsection (a)(2) for interest which is also qualified residence interest under section 163(h), such interest shall not be taken into account under section 163(h). ``(e) Special Rules.-- ``(1) Election.--If a deduction is allowable under more than one provision of this chapter with respect to qualified higher education expenses, the taxpayer may elect the provision under which the deduction is allowed. ``(2) Limitation on taxable year of deduction.-- ``(A) In general.--A deduction shall be allowed under subsection (a)(1) for any taxable year only to the extent the qualified higher education expenses are in connection with attendance at an institution of higher education during the taxable year. ``(B) Certain prepayments allowed.--Subparagraph (A) shall not apply to qualified higher education expenses paid during a taxable year which are in connection with attendance at an institution of higher education which begins during the first 2 months of the following taxable year. ``(3) Adjustment for certain scholarships and veterans benefits.--The amount of qualified higher education expenses otherwise taken into account under subsection (a)(1) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the sum of the amounts received with respect to such individual for the taxable year as-- ``(A) a qualified scholarship which under section 117 is not includable in gross income, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for educational expenses, or attributable to attendance at an eligible educational institution, which is exempt from income taxation by any law of the United States. ``(4) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and his spouse file a joint return for the taxable year. ``(5) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations requiring recordkeeping and information reporting.'' (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) of such Code is amended by inserting after paragraph (15) the following new paragraph: ``(16) Higher education tuition and fees.--The deduction allowed by section 219.'' (c) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 220 and inserting: ``Sec. 220. Higher education tuition and fees. ``Sec. 221. Cross reference.'' (d) Effective Dates.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.

Higher Education Tax Relief Act of 1995 - Amends the Internal Revenue Code to allow a tax deduction for the sum of qualified higher education expenses and interest on qualified higher education loans. Provides limitations on both amounts. Allows such deduction in computing adjusted gross income.

Higher Education Tax Relief Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securities and Exchange Commission Authorization Act of 1993''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 35 of the Securities Exchange Act of 1934 (15 U.S.C. 78kk) is amended to read as follows: ``authorization of appropriations ``Sec. 35. There are authorized to be appropriated to carry out the functions, powers, and duties of the Commission-- ``(1) $281,900,000 for fiscal year 1994; and ``(2) $317,700,000 for fiscal year 1995. Funds appropriated for any fiscal year pursuant to this section are authorized to remain available during the succeeding fiscal year.''. SEC. 3. SECURITIES AND EXCHANGE COMMISSION FEES. (a) Full Cost Recovery of Commission Expenses.--The Securities Exchange Act of 1934 is further amended by inserting after section 31 the following new section: ``full cost recovery of commission expenses ``Sec. 31A. (a) Purpose.--It is the purpose of this section-- ``(1) to establish a system for the annual adjustment of fees collected by the Commission so that the total amount appropriated to the Commission for any fiscal year will be offset by the amount collected during such fiscal year; and ``(2) in order to permit an orderly transition to this method of funding the Commission, to require that such fees continue to collect general revenues during each of the fiscal years 1994 through 1998 in amounts commensurate with the amount of such revenues produced by such fees prior to the enactment of this section. ``(b) Establishment of Adjusted Rates.-- ``(1) Obligation to adjust rates to recover cost.--For each of the fiscal years after fiscal year 1993, the Commission, by rule or order, shall adjust the rate of each of the fees described in subsection (c) to secure (when combined with fees collected during the period from October 1 through December 31 under the rates then in effect) a total amount of collections of such fees during such fiscal year that can reasonably be expected to equal the sum of-- ``(A) the applicable surplus amount for such fiscal year, if any; and ``(B) subject to subsection (e)(1), the amount appropriated for such fiscal year of this title (determined without regard to any reduction of the net amount appropriated that is attributable to offsetting collections). ``(2) Method of adjustment.--Such rates shall be adjusted by making an equal proportionate change in each of such rates, except that the Commission may round such proportionate changes to avoid requiring rates that are unduly mathematically complex. ``(3) Effective date of adjustments.--Such adjusted rates shall apply-- ``(A) with respect to any fee described in paragraph (1), (2), (3), or (5) of subsection (c), to any fee paid on or after January 1 of such fiscal year; and ``(B) with respect to any fee described in paragraph (4) of such subsection, to any fee based on a transaction occurring on or after January 1 of such fiscal year. Any such adjusted rate shall continue to apply until the effective date of a subsequent adjusted rate. ``(c) Fees to Which Adjustments Apply.--For purposes of this section, the fees described in this subsection are-- ``(1) the fees collected under section 6(b) of the Securities Act of 1933; ``(2) the fees collected under section 13(e) of this title; ``(3) the fees collected under section 14(g) of this title; ``(4) the fees collected under section 31 of this title; and ``(5) the fees collected under section 203A of the Investment Advisers Act of 1940. ``(d) Applicable Surplus Amount.--For purposes of subsection (b)(1)(A), the applicable surplus amount is equal to-- ``(1) $171,000,000 for fiscal year 1994; ``(2) $174,000,000 for fiscal year 1995; ``(3) $178,000,000 for fiscal year 1996; ``(4) $181,000,000 for fiscal year 1997; ``(5) $184,000,000 for fiscal year 1998; and ``(6) zero each succeeding fiscal year. ``(e) Deposit and Credit of Offsetting Collections.-- ``(1) Offsetting collections contingent on appropriations.--The authority of the Commission to collect and deposit fees as offsetting collections pursuant to paragraph (2) is available only to the extent provided in advance in appropriations Acts. ``(2) Offsetting collections.--Of the moneys received during any fiscal year from fees described in subsection (c), there shall (subject to paragraph (1)) be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions described in the sections referred to in such subsection, an amount equal to the amount appropriated to the Commission for such fiscal year (determined without regard to any reduction attributable to such offsetting collections and excluding any amounts that are permitted to remain available after the close of the succeeding fiscal year). ``(3) General revenues.--The remainder of any moneys received during any fiscal year (after complying with paragraph (2)) shall be deposited in the Treasury of the United States as miscellaneous receipts. ``(f) Judicial Review; Reports to Congress.--The determinations and adjustments made by the Commission under this section shall not be subject to judicial review. The Commission shall, not less than 30 days before the effective date of any adjustments required by this section, submit such adjustments to the Congress together with a report explaining the estimates and calculations on which such adjustments are based. ``(g) Reclassification for Budget Purposes.-- ``(1) Effect on discretionary spending limits.--For purposes of complying with section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985, the change mandated by subsection (e) of this section in the budgetary treatment of certain moneys received from fees shall be treated as a change in concepts and definitions within the meaning of section 251(b)(1)(A) of that Act. Accordingly-- ``(A) at the earliest time allowed by section 251(b)(1) of that Act, the Director of the Office of Management and Budget shall adjust the discretionary spending limits in accordance with section 251(b)(1) to reflect this change in concepts and definitions; and ``(B) if a final sequestration report under section 254(g) of that Act is issued before the adjustment under subparagraph (A) occurs, the change in budgetary treatment mandated by subsection (e) of this section shall be disregarded for all purposes of that report. ``(2) Effect on pay-as-you-go limits.--The changes mandated by this section shall be treated as affecting receipts for purposes of section 252 of that Act only to the extent that the applicable surplus amount differs from the surplus amount in the baseline. For this purpose, the surplus amount in the baseline shall be determined by subtracting the baseline estimate of outlays of the Commission from the baseline estimate of receipts generated by the fees described in subsection (c).''. (b) Adjustment of Fees to Recover Costs.-- (1) Changes in application and collection of transaction fees under section 31 of the securities exchange act of 1934.-- Section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) is amended to read as follows: ``transaction fees ``Sec. 31. (a) Cost Recovery.--The Commission shall, in accordance with this section and subject to section 31A(e), collect transaction fees to recover the costs of supervision and regulation of, and enforcement with respect to, securities markets and securities professionals. Such costs shall include a proportional share of related Commission expenses in the following areas: enforcement activities, policy and rulemaking activities, administration, legal services, investor information services, and international regulatory activities. ``(b) Exchange-Traded Securities.--Every national securities exchange shall pay to the Commission a fee in an amount equal to 1/ 300th of 1 percent of the aggregate dollar amount of sales of securities (other than bonds, debentures, and other evidences of indebtedness) transacted on such national securities exchange. ``(c) Off-Exchange-Traded Securities.--For transactions occurring on or after January 1, 1994, every national securities association shall pay to the Commission a fee in an amount equal to 1/300th of 1 percent of the aggregate dollar amount of sales transacted by or through any member of such association otherwise than on a national securities exchange of-- ``(1) securities registered on such an exchange (other than bonds, debentures, and other evidences of indebtedness); and ``(2) securities (other than bonds, debentures, and other evidences of indebtedness) subject to prompt last sale reporting pursuant to the rules of a registered national securities association. ``(d) Dates for Payment of Fees.--For transactions occurring on or after January 1, 1994, the fees required by subsections (b) and (c) shall be paid semiannually. Fees shall be paid on September 15 for transactions occurring during the period from the preceding January 1 through June 30, and shall be paid on March 15 for transactions occurring during the period from the preceding July 1 through December 31. ``(e) Exemptions.--The Commission, by rule, may exempt any sale of securities or any class of sales of securities from any fee imposed by this section, if the Commission finds that such exemption is consistent with the public interest, the equal regulation of markets and brokers and dealers, and the development of a national market system. ``(f) Rates Subject to Adjustment and Contingent on Appropriations.--The fees required by this section are subject to adjustment by the Commission pursuant to section 31A of this title. The authority to collect such fees and the total amount of such fees are subject to subsection (e) of such section.''. (2) Registration fees.--Section 6(b) of the Securities Act of 1933 (15 U.S.C. 77f(b)) is amended to read as follows: ``(b)(1) The Commission shall, in accordance with this subsection and subject to section 31A(e) of the Securities Exchange Act of 1934, collect registration fees to recover the costs of services of the securities registration process. Such costs shall include a proportional share of related Commission expenses in the following areas: enforcement activities, policy and rulemaking activities, administration, legal services, investor information services, and international regulatory activities. ``(2) At the time of filing a registration statement, the applicant shall pay to the Commission a fee of \1/32\ of 1 percent of the maximum aggregate price at which such securities are proposed to be offered, but in no case shall such fee be less than $100. ``(3) The fees required by this subsection are subject to adjustment by the Commission pursuant to section 31A of the Securities Exchange Act of 1934. The authority to collect such fees and the total amount of such fees are subject to subsection (e) of such section.''. (3) Self-tendering transactions.--Section 13(e)(3) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(e)(3)) is amended-- (A) by inserting after ``(3)'' the following: ``The Commission shall, in accordance with this paragraph and subject to section 31A(e), collect fees to recover the costs of supervision and regulation of, and enforcement with respect to, disclosure relating to transactions subject to this subsection. Such costs shall include a proportional share of related Commission expenses in the following areas: enforcement activities, policy and rulemaking activities, administration, legal services, investor information services, and international regulatory activities.''; (B) by striking ``\1/50\ of 1 per centum'' and inserting ``\1/32\ of 1 percent''; and (C) by adding at the end thereof the following: ``The fees required by this paragraph are subject to adjustment by the Commission pursuant to section 31A of the Securities Exchange Act of 1934. The authority to collect such fees and the total amount of such fees are subject to subsection (e) of such section.''. (4) Proxy filing fees.--Section 14(g) of the Securities Exchange Act of 1934 (15 U.S.C. 78n(g)) is amended-- (A) by striking ``\1/50\ of 1 per centum'' each place it appears in paragraphs (1)(A)(i), (1)(A)(ii), and (3) and inserting ``\1/32\ of 1 percent''; (B) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5); (C) by striking such subsection designation and by inserting before such redesignated paragraph (2) the following: ``(g)(1) The Commission shall, in accordance with this paragraph and subject to section 31A(e), collect proxy filing fees to recover the costs of supervision and regulation of the proxy filing and disclosure process. Such costs shall include a proportional share of related Commission expenses in the following areas: enforcement activities, policy and rulemaking activities, administration, legal services, investor information services, and international regulatory activities.''; and (D) by adding at the end thereof the following new paragraph: ``(6) The fees required by this subsection are subject to adjustment by the Commission pursuant to section 31A of this title. The authority to collect such fees and the total amount of such fees are subject to subsection (e) of such section.''. (c) Effective Dates.--Except as otherwise provided therein, the amendments made by this section are effective for fiscal years after fiscal year 1993. SEC. 4. FEE STRUCTURE STUDY. (a) Study Required.--The Securities and Exchange Commission shall conduct a study of the structure and procedures for the collection of fees by the Commission pursuant to the amendments made by this Act. Such study shall include (but not be limited to) an examination of-- (1) the expanding statutory mandate and regulatory responsibilities of the Commission, (2) the adequacy of current fees to meet Commission resource needs, (3) the possible need for new fees in specific program areas, (4) the extent to which beneficiaries of Commission regulatory activities equitably share fee burdens, and (5) the impact of specific fees on the international competitiveness of United States markets. (b) Report Required.--Not later than March 31, 1995, the Commission shall submit to the Congress a final report containing a detailed statement of findings made and conclusions drawn from the study conducted under this section, including such recommendations for administrative and legislative action as the Commission determines to be appropriate. Passed the House of Representatives July 20, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Securities and Exchange Commission Authorization Act of 1993 - Amends the Securities Exchange Act of 1934 to authorize appropriations for the Securities and Exchange Commission (SEC) for FY 1994 and 1995. Requires the SEC to adjust annually the rates of registration, transaction, proxy filing, and other related fees in order to secure a total amount of collections that offsets the amounts appropriated to it (and the applicable surplus amounts if any). Prescribes a fee adjustment mechanism. Exempts such fee determinations and adjustments from judicial review. Requires the SEC to submit explanatory reports to the Congress before the effective date of any adjustment. Directs the SEC to study and report to the Congress on the structure and procedures for such fee collection.

Securities and Exchange Commission Authorization Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Honorable Stephanie Tubbs Jones College Fire Prevention Act''. SEC. 2. DEFINITIONS. In this Act: (1) Approved fire suppression system.--The term ``approved fire suppression system'' means a fire suppression system that-- (A) meets with applicable codes and standards for the jurisdiction where it is being installed, or the standards promulgated by national model code organizations such as the National Fire Protection Association or the International Code Council; (B) ensures that the safety of students with disabilities is met; and (C) may include-- (i) an automatic fire sprinkler system; (ii) a fire and smoke alarm and detection system; and (iii) a mass communication system that can be used in the event of a fire, disaster, or other emergency. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (3) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 3. ESTABLISHMENT OF THE HONORABLE STEPHANIE TUBBS JONES FIRE SUPPRESSION DEMONSTRATION INCENTIVE PROGRAM. (a) Grants.--The Secretary, in consultation with the United States Fire Administration, shall establish a demonstration program to award grants on a competitive basis to any eligible entity for the purpose of installing approved fire suppression systems in student housing and dormitories owned or controlled by that eligible entity. (b) Eligible Entity.--In this Act, the term ``eligible entity'' means any of the following: (1) An institution of higher education, including an institution eligible to receive assistance under part A or B of title III or title V of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.; 20 U.S.C. 1060 et seq.; 20 U.S.C. 1101 et seq.). (2) A social fraternity or sorority exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 501(a)), the active membership of which consists primarily of students in attendance at an institution of higher education. (c) Selection Priority.--In making grants under subsection (a), the Secretary shall give priority to eligible entities that demonstrate the greatest financial need. (d) Reserved Amounts.-- (1) In general.--Of the amount made available to the Secretary for grants under this section for each fiscal year, the Secretary shall award-- (A) not less than 10 percent to eligible entities that are institutions described in subsection (b)(1) that are eligible to receive assistance under part A or B of title III or title V of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.; 20 U.S.C. 1060 et seq.; 20 U.S.C. 1101 et seq.); and (B) not less than 10 percent to eligible entities that are social fraternities and sororities described in subsection (b)(2). (2) Plan required.--The Secretary shall develop a plan to inform eligible entities described in subparagraphs (A) and (B) of paragraph (1) that such entities may be eligible to apply for grants under this section. (3) Insufficient applicants.--If the Secretary determines that there are an insufficient number of qualified applicants to award the reserved amounts required in accordance with paragraph (1), the Secretary shall make available the remainder of such reserved amounts for use by other eligible entities. (e) Application.--To seek a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (f) Matching Requirement.--As a condition of receipt of a grant under subsection (a), the eligible entity shall provide (directly or through donations from public or private entities) non-Federal matching funds in an amount equal to not less than 50 percent of the cost of the activities for which assistance is sought. (g) Supplement Not Supplant.--Funds made available under this program shall be used to supplement, not supplant, other funds that would otherwise be expended to carry out fire safety activities. (h) Limitation on Administrative Expenses.--Not more than 2 percent of a grant made under subsection (a) may be expended for administrative expenses with respect to the grant. (i) Reports.--Not later than 12 months after the date of the first award of a grant under this section and annually thereafter until completion of the program, the Secretary shall provide to Congress a report that includes-- (1) the number and types of eligible entities receiving assistance under this section; (2) the amount of assistance received under this section, the amount and source of non-Federal funding leveraged for activities under grants under this section, and any other relevant financial information; (3) the number and types of student housing fitted with fire suppression or prevention technologies with assistance under this section, and the number of students protected by such technologies; (4) the types of fire suppression or prevention technologies installed with assistance under this section, and the costs of such technologies; (5) identification of any Federal, State, or local policy that presents an impediment to the development and installation of fire suppression or prevention technologies; and (6) any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this section in improving the fire safety of student housing. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of the fiscal years 2014 through 2016. SEC. 4. ADMISSIBILITY AS EVIDENCE. (a) Prohibition.--Notwithstanding any other provision of law and subject to subsection (b), any application for assistance under this Act, any negative determination on the part of the Secretary with respect to such application, or any statement of reasons for the determination, shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity. (b) Exception.--This section does not apply to the admission of an application, determination, or statement described in subsection (a) as evidence in a proceeding to enforce an agreement entered into between the Secretary and an eligible entity under section 3.

Honorable Stephanie Tubbs Jones College Fire Prevention Act - Directs the Secretary of Education to make competitive demonstration grants to institutions of higher education (IHEs), fraternities, and sororities for up to half the cost of installing approved fire suppression systems in student housing and dormitories owned or controlled by such entities. Gives grant priority to applicants that demonstrate the greatest financial need. Reserves the following portions of grant funds made available for each fiscal year: (1) at least 10% for historically Black colleges and universities, Hispanic-serving institutions, tribally controlled colleges and universities, Alaska Native and Native Hawaiian-serving institutions, and IHEs that are eligible for Institutional Aid under the Higher Education Act of 1965; and (2) at least 10% for social fraternities and sororities. Provides that any application for assistance under this Act, any negative determination on the part of the Secretary with respect to such application, or any statement of reasons for the determination, shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity (except a proceeding to enforce an agreement entered into between the Secretary and a grantee under this Act).

Honorable Stephanie Tubbs Jones College Fire Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Oceanography Coordination Improvement Act of 1996''. SEC. 2. FEDERAL OCEANOGRAPHY COORDINATION IMPROVEMENT. The Congress finds the following: (1) The oceans and coastal areas of the United States are among the Nation's most valuable natural resources, making substantial contributions to economic growth, quality of life, and national security. (2) Oceans drive global and regional climate. Therefore, they contain information affecting agriculture, fishing, and the prediction of severe weather. (3) Understanding of the oceans through basic and applied research is essential for using the oceans wisely and protecting their limited resources. Therefore, the United States should maintain its world leadership in oceanography as one key to its competitive future. (4) Ocean research and education activities take place within Federal agencies, academic institutions, and industry. These entities often have similar requirements for research facilities, data, and other resources (such as oceanographic research vessels). (5) The need exists for a formal mechanism to coordinate existing partnerships and establish new partnerships for the sharing of resources, intellectual talent, and facilities in the ocean sciences and education, so that optimal use can be made of this most important natural resource for the well-being of all Americans. SEC. 3. ESTABLISHMENT AND PURPOSES OF PROGRAM. The Secretary of Commerce shall establish a program to be known as the ``National Oceanographic Partnership Program''. The purposes of the program are as follows: (1) To promote the national goals of assuring national security, advancing economic development, protecting quality of life, and strengthening science education and communication through improved knowledge of the ocean. (2) To coordinate and strengthen oceanographic efforts in support of those goals by-- (A) identifying and carrying out partnerships among Federal agencies, academia, industry, and other members of the oceanographic scientific community in the areas of data, resources, education, and communication; and (B) reporting annually to Congress on the program. SEC. 4. ESTABLISHMENT OF NATIONAL OCEAN RESEARCH LEADERSHIP COUNCIL. (a) In General.--There is established a National Ocean Research Leadership Council (hereinafter in this section referred to as the ``Council''). (b) Membership.--The Council is composed of the following members: (1) The Administrator of the National Oceanic and Atmospheric Administration, who shall be the Chairman of the Council. (2) The Secretary of the Navy. (3) The Director of the National Science Foundation. (4) The Administrator of the National Aeronautics and Space Administration. (5) The Deputy Secretary of Energy. (6) The Administrator of the Environmental Protection Agency. (7) The Commandant of the Coast Guard. (8) The Director of the Geological Survey of the Department of the Interior. (9) The Director of the Defense Advanced Research Projects Agency. (10) The Director of the Minerals Management Service of the Department of the Interior. (11) The President of the National Academy of Sciences, the President of the National Academy of Engineering, and the President of the Institute of Medicine. (12) The Director of the Office of Science and Technology. (13) The Director of the Office of Management and Budget. (14) One member appointed by the Chairman from among individuals who will represent the views of ocean industries. (15) One member appointed by the Chairman from among individuals who will represent the views of State governments. (16) One member appointed by the Chairman from among individuals who will represent the views of academia. (17) One member appointed by the Chairman from among individuals who will represent such other views as the Chairman considers appropriate. (c) Term of Office.--The term of office of a member of the Council appointed under paragraph (14), (15), (16), or (17) of subsection (b) shall be two years, except that any person appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term. (d) Initial Appointments of Council Members.--The Administrator of the National Oceanic and Atmospheric Administration shall make the appointments required by subsection (b) by not later than December 1, 1996. (e) Responsibilities of Council.--The Council shall have the following responsibilities: (1) To establish the Ocean Research Partnership Coordinating Group as provided in section 7903. (2) To establish the Ocean Research Advisory Panel as provided in section 6. (3) To submit to Congress an annual report pursuant to subsection (f). (f) Annual Report.--Not later than March 1 of each year, the Council shall submit to Congress a report on the National Oceanographic Partnership Program. The report shall contain the following: (1) A description of activities of the program carried out during the fiscal year before the fiscal year in which the report is prepared. The description also shall include a list of the members of the Ocean Research Partnership Coordinating Group, the Ocean Research Advisory Panel, and any working groups in existence during the fiscal year covered. (2) A general outline of the activities planned for the program during the fiscal year in which the report is prepared. (3) A summary of projects continued from the fiscal year before the fiscal year in which the report is prepared and projects expected to be started during the fiscal year in which the report is prepared and during the following fiscal year. (4) A description of the involvement of the program with Federal interagency coordinating entities. (5) The amounts requested, in the budget submitted to Congress pursuant to section 1105(a) of title 31 for the fiscal year following the fiscal year in which the report is prepared, for the programs, projects, and activities of the program and the estimated expenditures under such programs, projects, and activities during such following fiscal year. The first annual report required by this subsection shall be submitted to Congress not later than March 1, 1997. The first report shall include, in addition to the information otherwise required by this subsection, information about the terms of office, procedures, and responsibilities of the Ocean Research Advisory Panel established by the Council. SEC. 5. OCEAN RESEARCH PARTNERSHIP COORDINATING GROUP. (a) Establishment.--The Council shall establish an entity to be known as the ``Ocean Research Partnership Coordinating Group'' (hereinafter in this section referred to as the ``Coordinating Group''). (b) Membership.--The Coordinating Group shall consist of members appointed by the Council, with one member appointed from each Federal department or agency having an oceanographic research or development program. (c) Chairman.--The Council shall appoint the Chairman of the Coordinating Group. (d) Responsibilities.--Subject to the authority, direction, and control of the Council, the Coordinating Group shall have the following responsibilities: (1) To prescribe policies and procedures to implement the National Oceanographic Partnership Program. (2) To review, select, and identify and allocate funds for partnership projects for implementation under the program, based on the following criteria: (A) Whether the project addresses critical research objectives or operational goals, such as data accessibility and quality assurance, sharing of resources, education, or communication. (B) Whether the project has broad participation within the oceanographic community. (C) Whether the partners have a long-term commitment to the objectives of the project. (D) Whether the resources supporting the project are shared among the partners. (E) Whether the project has been subjected to adequate peer review. (3) To promote participation in partnership projects by each Federal department and agency involved with oceanographic research and development by publicizing the program and by prescribing guidelines for participation in the program. (4) To submit to the Council an annual report pursuant to subsection (h). (e) Partnership Program Office.--The Coordinating Group shall establish in the National Ocean Service and oversee a partnership program office to carry out such duties as the Chairman of the Coordinating Group considers appropriate to implement the National Oceanographic Partnership Program, including the following: (1) To establish and oversee working groups to propose partnership projects to the Coordinating Group and advise the Group on such projects. (2) To manage peer review of partnership projects proposed to the Coordinating Group and competitions for projects selected by the Group. (3) To submit to the Coordinating Group an annual report on the status of all partnership projects and activities of the office. (f) Contract and Grant Authority.--The Coordinating Group may authorize in the National Ocean Service to enter into contracts and make grants, using funds appropriated pursuant to an authorization for the National Oceanographic Partnership Program, for the purpose of implementing the program and carrying out the Coordinating Group's responsibilities. (g) Forms of Partnership Projects.--Partnership projects selected by the Coordinating Group may be in any form that the Coordinating Group considers appropriate, including memoranda of understanding, demonstration projects, cooperative research and development agreements, and similar instruments. (h) Annual Report.--Not later than February 1 of each year, the Coordinating Group shall submit to the Council a report on the National Oceanographic Partnership Program. The report shall contain, at a minimum, copies of any recommendations or reports to the Coordinating Group by the Ocean Research Advisory Panel. SEC. 6. OCEAN RESEARCH ADVISORY PANEL. (a) Establishment.--The Council shall appoint an Ocean Research Advisory Panel (hereinafter in this section referred to as the ``Advisory Panel'') consisting of not less than 10 and not more than 18 members. (b) Membership.--Members of the Advisory Panel shall be appointed from among persons who are eminent in the fields of marine science or marine policy, or related fields, and who are representative, at a minimum, of the interests of government, academia, and industry. (c) Responsibilities.-- (1) Review of partnership projects.--The Coordinating Group shall refer to the Advisory Panel, and the Advisory Panel shall review, each proposed partnership project estimated to cost more than $500,000. The Advisory Panel shall make any recommendations to the Coordinating Group that the Advisory Panel considers appropriate regarding such projects. (2) Other recommendations.--The Advisory Panel shall make any recommendations to the Coordinating Group regarding activities that should be addressed by the National Oceanographic Partnership Program that the Advisory Panel considers appropriate. (d) Initial Appointments of Advisory Panel Members.--The Council shall make the appointments to the Advisory Panel by not later than January 1, 1997. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Of the amounts authorized to be appropriated to the Department of Defense, $30,000,000 is authorized for the National Oceanographic Partnership Program. (b) Required Funding for Program Office.--Of the amount appropriated for the National Oceanographic Partnership Program for fiscal year 1997, at least $500,000, or 3 percent of the amount appropriated, whichever is greater, shall be available for operations of the partnership program office established under section 5(e) for such fiscal year.

Federal Oceanography Coordination Improvement Act of 1996 - Establishes the National Oceanographic Partnership Program. Sets forth the purposes of the program. Establishes the National Ocean Research Leadership Council which shall: (1) prescribe policies and procedures to implement the National Oceanographic Partnership Program; and (2) review, select, identify, and allocate funds for partnership projects for implementation under the program, based on certain criteria. Mandates an annual report. Requires the Council to establish in the National Ocean Service and oversee a partnership program office to implement the National Oceanographic Partnership Program, including to: (1) establish and oversee working groups to propose partnership projects to the Council and advise the Council on such projects; (2) manage peer review of partnership projects and competition for projects selected by the Council; and (3) submit to the Council an annual report on the status of all partnership projects and office activities.

Federal Oceanography Coordination Improvement Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Handgun Control Act of 1996''. SEC. 2. FINDINGS AND DECLARATIONS. The Congress hereby finds and declares-- (1) that the estimated total number of handguns in private hands has reached seventy-six million; (2) that handguns play a major role, and a role disproportionate to their number in comparison with long guns, in the commission of homicide, aggravated assault, and armed robbery, and that the percentage of violent crimes in which handguns are used is increasing; (3) that more than one-half of all handguns are acquired secondhand and that licensing and restrictions on sale of new handguns will not significantly reduce handgun crime and handgun violence; (4) that with few exceptions handguns are not used for sporting or recreational purposes and that such purposes do not require keeping of handguns in private homes; (5) that handguns in the home are of less value than is commonly thought in defending against intruders and that such defensive purposes can be adequately accomplished by other means; (6) that violent crimes perpetrated with handguns constitute a burden upon and interfere with interstate and foreign commerce and threaten the internal security and domestic tranquillity of the Nation; and (7) that a national firearms policy which restricts the availability of handguns for nonlaw enforcement and nonmilitary purposes will significantly reduce violent crime, reduce deaths from handguns, and reduce other handgun violence in the United States. SEC. 3. HANDGUN CONTROLS. Title 18, United States Code, is amended by inserting after chapter 50 the following: ``CHAPTER 50A--HANDGUNS ``Sec. ``1091. Unlawful acts. ``1092. Licensing. ``1093. Penalties. ``1094. Exceptions. ``1095. Voluntary delivery to law enforcement agency; reimbursement. ``1096. Rules and regulations. ``1097. Effect on State law. ``1098. Definitions. ``Sec. 1091. Unlawful acts ``(a) Except as provided in section 1094 of this chapter and in subsection (b) of this section, it shall be unlawful for any person to import, manufacture, sell, buy, transfer, receive, or transport any handgun. ``(b) The Secretary may, consistent with public safety and necessity, exempt from the operation of subsection (a) of this section such importation, manufacture, sale, purchase, transfer, receipt, or transportation of handguns by importers, manufacturers, or dealers, licensed under chapter 44 of this title, and by pistol clubs licensed under this chapter, as may in his judgment be required for the operation of such pistol clubs or for purposes described in section 1094 of this chapter. ``Sec. 1092. Licensing ``(a) A pistol club desiring to be licensed under this chapter shall file an application for such license with the Secretary. The application shall be in such form and contain such information as the Secretary shall by regulation prescribe. The fee for such license shall be $25 per year. ``(b) Any importer, manufacturer, or dealer desiring to be licensed under this chapter shall apply as provided in chapter 44 of this title. ``(c) Any application submitted under subsection (a) shall be approved if-- ``(1) all members of the pistol club are twenty-one years of age or older; ``(2) no member of the pistol club is prohibited from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce under section 922(g) or (h) of this title or under the law of the State in which the club will be located or of the State in which the member is domiciled; ``(3) no member of the pistol club has willfully violated any of the provisions of this chapter or of chapter 44 of this title or any regulations issued thereunder; ``(4) the pistol club has not willfully failed to disclose any material information required, or has not made any false statement as to any material fact, in connection with his application; and ``(5) the pistol club has premises from which it operates and-- ``(A) maintains possession and control of the handguns used by its members, and ``(B) has procedures and facilities for keeping such handguns in a secure place, under the control of the club's chief officer, at all times when they are not being used for target shooting or other sporting or recreational purposes. ``(d)(1) The Secretary must approve or deny an application for a license within the forty-five-day period beginning on the date it is received. If the Secretary fails to act within such period, the applicant may file an action under section 1361 of title 28 to compel the Secretary to act. If the Secretary approves an applicant's application, such applicant shall be issued a license upon payment of the prescribed fee. ``(2) The Secretary may, after notice and opportunity for hearing, revoke any license issued under this section if the holder of such license has violated any provision of this chapter or of chapter 44 of this title or any rule or regulation prescribed by the Secretary under such chapters. The Secretary's action under this paragraph may be reviewed only as provided in subsection (e) of this section. ``(e)(1) Any person whose application for a license is denied and any holder of a license which is revoked shall receive a written notice from the Secretary stating specifically the grounds upon which the application was denied or upon which the license was revoked. Any notice of revocation of a license shall be given to the holder of such license before the effective date of the revocation. ``(2) If the Secretary denies an application for, or revokes, a license, he shall, upon request by the aggrieved party, promptly hold a hearing to review his denial or revocation. In the case of a revocation of a license, the Secretary shall upon the request of the holder of the license stay the effective date of the revocation. A hearing held under this paragraph shall be held at a location convenient to the aggrieved party. ``(3) If after a hearing held under paragraph (2) the Secretary decides not to reverse his decision to deny an application or revoke a license, the Secretary shall give notice of his decision to the aggrieved party. The aggrieved party may at any time within sixty days after the date notice was given under this paragraph file a petition with the United States District Court for the district in which he resides or has his principal place of business for a judicial review of such denial or revocation. In a proceeding conducted under this subsection, the court may consider any evidence submitted by the parties to the proceeding. If the court decides that the Secretary was not authorized to deny the application or to revoke the license, the court shall order the Secretary to take such action as may be necessary to comply with the judgment of the court. ``(f) Each licensed pistol club shall maintain such records of receipt, sale, or other disposition, of handguns at such place, for such period, and in such form as the Secretary may by regulations prescribe. Such pistol clubs shall make such records available for inspection at all reasonable times, and shall submit to the Secretary such reports and information with respect to such records and the contents thereof as he shall by regulations prescribe. The Secretary may enter at reasonable times the premises (including places of storage) of any pistol club for the purpose of inspecting or examining (1) any records of documents required to be kept by such pistol club under the provisions of this chapter or chapter 44 of this title and regulations issued under such chapters, and (2) any handguns or ammunition kept or stored by such pistol club at such premises. Upon the request of any State or any political subdivision thereof, the Secretary may make available to such State or any political subdivision thereof any information which he may obtain by reason of the provisions of this chapter with respect to the identification of persons who are members of pistol clubs within such State or political subdivision thereof, together with a description of the handguns included in such pistol club's license. ``(g) Licenses issued under the provisions of subsection (c) of this section shall be kept posted and kept available for inspection on the premises covered by the license. ``Sec. 1093. Penalties ``(a) Whoever violates any provision of this chapter or knowingly makes any false statement or representation with respect to the information required by the provisions of this chapter to be kept in the records of a pistol club licensed under this chapter, or in applying for any license under the provisions of this chapter, shall be fined under this title, imprisoned not more than 5 years, or both. ``(b) Any handgun involved or used in, or intended to be used in, any violation of the provisions of this chapter or chapter 44 of this title or any rule or regulation promulgated thereunder, or any violation of any other criminal law of the United States, shall be subject to seizure and forfeiture and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter. ``Sec. 1094. Exceptions ``(a) The provisions of this chapter shall not apply with respect to the importation, manufacture, sale, purchase, transfer, receipt, or transportation of any handgun which the Secretary determines is being imported or manufactured for, sold, or transferred to, purchased, received, or transported by, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof. ``(b) The provisions of this chapter shall not apply with respect to the importation, manufacture, sale, purchase, transfer, receipt, or transportation of a handgun which the Secretary determines is unserviceable, not restorable to firing condition, and intended for use as a curio, museum piece, or collectors' item. ``Sec. 1095. Voluntary delivery to law enforcement agency; reimbursement ``(a) A person may at any time deliver to any Federal, State, or local law enforcement agency designated by the Secretary a handgun owned or possessed by such person. The Secretary shall arrange with each agency designated to receive handguns for the transfer, destruction, or other disposition of all handguns delivered under this section. ``(b) Upon proof of lawful acquisition and ownership by a person delivering a handgun to a law enforcement agency under this section, the owner of the handgun shall be entitled to receive from the United States a payment equal to the fair market value of the handgun or $25, whichever is more. The Secretary shall provide for the payment, directly or indirectly, through Federal, State, and local law enforcement agencies, of the amounts to which owners of handguns delivered under this section are entitled. ``(c) The amounts authorized in subsection (b) of this section shall be paid out of the fees collected under section 1092(a) of this chapter to the extent that such fees are sufficient for this purpose. The remainder of amounts authorized in subsection (b) of this section shall be paid out of general revenues. ``Sec. 1096. Rules and regulations ``(a) The Secretary may prescribe such rules and regulations as he deems necessary to carry out the provisions of this chapter, including-- ``(1) regulations providing that a person licensed under this chapter, when dealing with another person so licensed or with a person licensed under chapter 44 of this title, shall provide such other licensed person a certified copy of his license; and ``(2) regulations providing for the issuance, at a reasonable cost, to a person licensed under this chapter, of certified copies of his license for use as provided under regulations issued under paragraph (1) of this subsection. ``(b) The Secretary shall give reasonable public notice, and afford to interested parties opportunity for hearing, prior to prescribing rules and regulations authorized by this section. ``Sec. 1097. Effect on State law ``No provision of this chapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of any State on the same subject, unless there is a direct and positive conflict between such provision and the law of the State so that the two cannot be reconciled or consistently stand together. ``Sec. 1098. Definitions ``As used in this chapter: ``(1) The term `person' and the term `whoever' include any individual, corporation, company, association, firm, partnership, club, society, or joint-stock company. ``(2) The term `importer' means any person engaged in the business of importing or bringing handguns into the United States for purposes of sale or distribution; and the term `licensed importer' means any such person licensed under the provisions of chapter 44 of this title. ``(3) The term `manufacturer' means any person engaged in the manufacture or assembly of handguns for the purposes of sale or distribution; and the term `licensed manufacturer' means any such person licensed under the provisions of chapter 44 of this title. ``(4) The term `dealer' means (A) any person engaged in the business of selling handguns at wholesale or retail, (B) any person engaged in the business of repairing handguns or of making or fitting special barrels, or trigger mechanisms to handguns, or (C) any person who is a pawnbroker. The term `licensed dealer' means any dealer who is licensed under the provisions of chapter 44 of this title. ``(5) The term `collector' means any person who acquires, holds, or disposes of handguns as curios, or relics, as the Secretary shall by regulation define, and the term `licensed collector' means any such person licensed under the provisions of chapter 44 of this title. ``(6) The term `Secretary' or `Secretary of the Treasury' means the Secretary of the Treasury or his delegate. ``(7) The term `handgun' means any weapon-- ``(A) designed or redesigned, or made, or remade, and intended to be fired while held in one hand; ``(B) having a barrel less than ten inches in length; and ``(C) designed or redesigned, or made or remade, to use the energy of an explosive to expel a projectile or projectiles through a smooth or rifled bore. ``(8) The term `pistol club' means a club organized for target shooting with handguns or to use handguns for sporting or other recreational purposes and which-- ``(A) maintains possession and control of the handguns used by its members, and ``(B) has procedures and facilities for keeping such handguns in a secure place, under the control of the club's chief officer, at all times when they are not being used for target shooting, sporting, or other recreational purposes. The term `licensed pistol club' means any pistol club which is licensed under this chapter.''. SEC. 4. ENFORCEMENT AND ADMINISTRATION. The enforcement and administration of the amendment made by this Act shall be vested in the Secretary of the Treasury. SEC. 5. EFFECT ON OTHER FEDERAL LAW. Nothing in this Act or the amendment made by this Act shall be construed as modifying or affecting any provision of-- (1) the National Firearms Act (chapter 53 of the Internal Revenue Code of 1954); (2) section 414 of the Mutual Security Act of 1954 (22 U.S.C. 1934), as amended, relating to munitions control; or (3) section 1715 of title 18, United States Code, relating to nonmailable firearms. SEC. 6. EFFECTIVE DATE. The provisions of this Act shall take effect one year after the date of the enactment of this Act.

Handgun Control Act of 1996 - Amends the Federal criminal code to prohibit the importation, manufacture, sale, purchase, transfer, receipt, or transportation (use) of a handgun, with exceptions. Authorizes the Secretary of the Treasury, consistent with public safety and necessity, to exempt such activities by licensed importers, manufacturers, or dealers, and by licensed pistol clubs, as may be required for the operation of such clubs. Requires a pistol club desiring to be licensed to file an application for a license with the Secretary. Establishes a $25 per year license fee. Requires approval of any such application if: (1) all club members are age 21 or older; (2) no member of the club is prohibited from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce under Federal or applicable State law; (3) no member of the club has willfully violated any Federal firearms law or regulations; (4) the club has not willfully failed to disclose any material information required, or has not made any false statement as to any material fact, in connection with the application; and (5) the club has premises from which it operates and maintains possession and control of the handguns used by its members and has procedures and facilities for keeping such handguns in a secure place, under the control of the club's chief officer, at all times when they are not being used for target shooting or other sporting or recreational purposes. Establishes procedures and requirements regarding: (1) approval or denial of applications; (2) license revocation, including notice and opportunity for a hearing; (3) review by the Secretary and appeal of application denials; (4) records requirements by licensed clubs; and (5) license posting and availability for inspection on the premises covered by the licensee. Sets penalties for violations. Subjects handguns involved, used, or intended to be used in violation of Federal firearms provisions to seizure and forfeiture and makes all provisions of the Internal Revenue Code relating to seizure, forfeiture, and disposition of firearms, so far as applicable, extend to such seizures and forfeitures. Makes this Act inapplicable to such use: (1) by the United States or any department or agency thereof or any State or department, agency, or political subdivision thereof; and (2) in which the handgun is determined to be unserviceable, not restorable to firing condition, and intended for use as a curio, museum piece, or collectors' item. Sets forth provisions regarding: (1) voluntary delivery of a handgun to a law enforcement agency, including provision for reimbursement upon proof of lawful acquisition and ownership; (2) rulemaking by the Secretary; (3) the Secretary's enforcement and administration authority; and (4) the effect of this Act on State law and on other Federal law.

Handgun Control Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice Against Sponsors of Terrorism Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) International terrorism is a serious and deadly problem that threatens the vital interests of the United States. (2) The Constitution confers upon Congress the power to punish crimes against the law of nations and to carry out the treaty obligations of the United States, and therefore Congress may by law impose penalties relating to the provision of material support to foreign organizations engaged in terrorist activity, and allow for victims of international terrorism to recover damages from those who have harmed them. (3) International terrorism affects the interstate and foreign commerce of the United States by harming international trade and market stability, and limiting international travel by United States citizens as well as foreign visitors to the United States. (4) Some foreign terrorist organizations, acting through affiliated groups or individuals, raise significant funds outside the United States for conduct directed and targeted at the United States. (5) Foreign organizations that engage in terrorist activity are so tainted by their criminal conduct that any contribution to such an organization facilitates that conduct. (6) The imposition of civil liability at every point along the causal chain of terrorism is necessary to deter the flow of terrorism's lifeblood, money. As recognized by Judge Richard Posner in Boim v. Holy Land Foundation for Relief and Development, Nos. 05-1815, 05-1816, 05-1821, 05-1822, _ F.3d _ (7th Cir. 2008) (en banc), ``Damages are a less effective remedy against terrorists and their organizations than against their financial angels . . . suits against financiers of terrorism can cut the terrorists' lifeline.'' Moreover, the statute of limitations for such claims must be extensive, for as the Seventh Circuit notes, ``Seed money for terrorism can sprout acts of violence long after the investment''. (7) The reasoning like that of the United States Court of Appeals for the Second Circuit in In Re: Terrorists Attacks on September 11, 2001, 538 F.3d 71 (2d Cir. 2008) undermine important counter-terrorism policies of the United States, by affording undue protection from civil liability to persons, entities and states that provide material support or resources to foreign terrorist organizations, and by depriving victims of international terrorism of meaningful access to court to seek redress for their injuries. (8) The United Nations Security Council declared in Resolution 1373, adopted on September 28, 2001, that all states have an affirmative obligation to ``refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts,'' and to ``ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice''. (9) Consistent with these declarations, no state possesses the discretion to engage knowingly in the financing or sponsorship of terrorism, whether directly or indirectly. (10) Persons, entities or states that knowingly or recklessly contribute material support or resources, directly or indirectly, to persons or organizations that pose a significant risk of committing acts of terrorism that threaten the security of United States nationals or the national security, foreign policy, or economy of the United States, necessarily direct their conduct at the United States, and should reasonably anticipate being haled into court in the United States to answer for such activities. (11) The United States has a vital interest in providing persons and entities injured as a result of terrorist attacks committed within the United States with full access to court to pursue civil claims against persons, entities, or states that have knowingly or recklessly provided material support or resources, directly or indirectly, to the persons or organizations responsible for their injuries. (b) Purpose.--The purpose of this Act is to provide civil litigants with the fullest possible basis, consistent with the Constitution, to seek relief against persons, entities and foreign states, wherever acting and wherever they may be found, which have provided material support or resources, directly or indirectly, to foreign organizations that engage in terrorist activities against the United States. SEC. 3. FOREIGN SOVEREIGN IMMUNITY. (a) Exceptions.--Section 1605(a) of title 28, United States Code, is amended-- (1) by amending paragraph (5) to read as follows: ``(5) not otherwise encompassed in paragraph (2), in which money damages are sought against a foreign state arising out of physical injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of his office or employment (regardless of where the underlying tortious act or omission occurs), including any statutory or common law tort claim arising out of an act of extrajudicial killing, aircraft sabotage, hostage taking, terrorism, or the provision of material support or resources for such an act, or any claim for contribution or indemnity relating to a claim arising out of such an act, except this paragraph shall not apply to-- ``(A) any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function, regardless of whether the discretion is abused; or ``(B) any claim arising out of malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, interference with contract rights, or any claim for emotional distress or derivative injury suffered as a result of an event or injury to another person that occurs outside of the United States; or''; and (2) by inserting after subsection (d) the following: ``(e) Definitions.--For purposes of subsection (a)(5)-- ``(1) the terms `aircraft sabotage', `hostage taking', and `material support or resources' have the meanings given those terms in section 1605A(h); and ``(2) the term `terrorism' means international terrorism, and domestic terrorism, as those terms are defined in section 2331 of title 18.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to all proceedings pending in any form on the date of the enactment of this Act and to all proceedings commenced on or after such date of enactment. SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL ACTIONS REGARDING TERRORIST ACTS. (a) In General.--Section 2333 of title 18, United States Code, is amended by adding at the end the following: ``(d) Liability.--In an action arising under subsection (a), liability may be asserted as to the person or persons who committed such act of international terrorism or any person or entity that aided, abetted, provided material support or resources (as defined in section 2339A(b)(1)) to, or conspired with the person or persons who committed such an act of international terrorism. ``(e) Non-Applicability of Law of Preclusion.--Any civil action or claim that seeks recovery under this chapter for conduct that was the basis of a civil action or claim previously dismissed for lack of subject matter jurisdiction for failure to meet the requirements for an exception under section 1605(a) of title 28 is not subject to dismissal under the law of preclusion.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to all proceedings pending in any form on the date of the enactment of this Act and to all proceedings commenced on or after such date of enactment. (c) Effect on Foreign Sovereign Immunities Act.--Nothing in the amendments made by this section affects a foreign state's immunity from jurisdiction under other law. SEC. 5. JURISDICTION FOR CIVIL ACTIONS REGARDING TERRORIST ACTS. (a) In General.--Section 2334 of title 18, United States Code, is amended by inserting at the end the following: ``(e) Jurisdiction.--The district courts shall have personal jurisdiction, to the maximum extent permissible under the Fifth Amendment of the United States Constitution, over any person who aids and abets an act of international terrorism or who provides material support or resources as set forth in sections 2339A, 2339B, or 2339C of this title, for acts of international terrorism in which any national of the United States suffers injury in his or her person, property or business by reason of such an act in violation of section 2333 of this title.''. (b) Effective Date.--The amendment made by this section shall apply to all proceedings pending in any form on the date of the enactment of this Act and to all proceedings commenced on or after such the date of enactment. SEC. 6. LIABILITY FOR GOVERNMENT OFFICIALS IN CIVIL ACTIONS REGARDING TERRORIST ACTS. (a) In General.--Section 2337 of title 18, United States Code, is amended to read as follows: ``Sec. 2337. Suits against Government officials ``No action shall be maintained under section 2333 of this title against the United States, an agency of the United States, or an officer or employee of the United States or any agency thereof acting within his or her official capacity or under color of legal authority.''. (b) Effective Date.--The amendment made by this section shall apply to all proceedings pending in any form on the date of the enactment of this Act and to all proceedings commenced on or after such date of enactment. SEC. 7. STATUTE OF LIMITATIONS FOR CIVIL ACTIONS REGARDING TERRORIST ACTS. (a) In General.--Section 2335 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``four years'' and inserting ``15 years''; and (2) in subsection (b), by striking ``four years'' and inserting ``15 years''. (b) Effective Date.--The amendments made by this section shall apply to all proceedings pending in any form on the date of the enactment of this Act and to all proceedings commenced on or after such date of enactment. (c) Effect on Dismissed Causes of Action.--Any private civil action under section 2333 of title 18, United States Code-- (1) that was dismissed as time barred prior to the date of enactment of this Act, and (2) that would have been timely filed pursuant to section 2335 of title 18, United States Code, as amended by this section, may be refiled not later than 90 days after the date of enactment of this Act. SEC. 8. SEVERABILITY. If any provision of this Act or the amendments made by this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act, the amendments made by this Act, or the application thereof to other persons not similarly situated or to other circumstances shall not be affected by such invalidation.

Justice Against Sponsors of Terrorism Act - Amends the federal judicial code to include among the exceptions to U.S. jurisdictional immunity of foreign states any statutory or common law tort claim arising out of an act of extrajudicial killing, aircraft sabotage, hostage taking, terrorism, or the provision of material support or resources for such an act, or any claim for contribution or indemnity relating to a claim arising out of such an act. Amends the federal criminal code to: (1) impose liability on, and grant U.S. district courts personal jurisdiction over, any person who aids, abets, provides material support or resources to, or conspires with a person who commits an act of international terrorism that injures a U.S. national; (2) repeal provisions prohibiting civil actions against foreign states or foreign officials for damages related to acts of terrorism; and (3) extend from 4 to 15 years the limitation period for bringing an action for civil damages resulting from an act of international terrorism and allow previously time-barred cases that would have been timely filed under such extended limitation period to be refiled within 90 days of the enactment of this Act.

To deter terrorism, provide justice for victims, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fix And Improve Reimbursement (FAIR) for Physicians Act of 2006''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress makes the following findings: (1) The Medicare sustainable growth rate (SGR) formula, used in establishing payment rates under the physician fee schedule under the Medicare program, resulted in significant payment cuts to physicians and health care professionals in 2002. (2) The Medicare SGR formula would have resulted in payment cuts to physicians and health care professionals in 2003, 2004, 2005, and 2006 had Congress not intervened. (3) The Medicare SGR formula will result in a 5 percent payment cut to physicians and health care professionals effective January 1, 2007. (4) According to the Medicare Payment Advisory Commission (MedPAC) and the Board of Trustees of the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, the Medicare SGR formula will result in substantial payment cuts to physicians and health care professionals through at least 2015. (5) MedPAC does not support the impending payment cuts described in paragraphs (3) and (4) and is concerned that such consecutive annual payment cuts would threaten access to physician services over time, particularly primary care services. (6) MedPAC has raised concerns over current payment policies that may discourage medical students and residents from becoming primary care physicians because many Medicare beneficiaries rely on primary care providers for important health care management. (7) According to a 2006 American Medical Association survey, if payment cuts to physicians under the Medicare program go into effect, 45 percent of physicians plan to decrease the number of new Medicare patients they accept, 50 percent of physicians plan to defer the purchase of information technology, 37 percent of physicians who treat patients living in rural communities will discontinue rural outreach services, and 43 percent of physicians will decrease the number of new TRICARE patients they accept. (8) MedPAC, who considers the Medicare SGR formula a flawed, inequitable mechanism for controlling the volume of services, first recommended repeal of the Medicare SGR formula in 2001 and since then has consistently recommended repealing the formula. (9) Annual actions by Congress to override the Medicare SGR formula result in instability and unpredictability for physicians, health care professionals, seniors, and individuals with disabilities. (10) Annual actions by Congress to override the Medicare SGR formula do not solve the long-term problem as the formula extracts the added spending in future years by imposing ever more drastic cuts. (11) Stable, positive updates under the Medicare physician fee schedule that accurately reflect medical practice cost increases are vital for encouraging and economically supporting physicians' ability to make the significant financial investment required for health information technology and participation in quality improvement programs. (12) A stable payment system for physicians is critical to preserve Medicare beneficiaries' access to high-quality health care. (13) Adopting MedPAC's recommendation to update payments for physicians' services under the Medicare program in 2007 and 2008 by the projected change in input prices less MedPAC's expectation for productivity growth is necessary to allow M.D.s, D.O.s, and health care professionals to continue to provide access to high-quality Medicare services for all Medicare beneficiaries while giving Congress time to develop an alternative payment system that accurately reflects the costs of providing care to Medicare beneficiaries (b) Purpose.--The purpose of this Act is to sunset the Medicare sustainable growth rate formula as of January 1, 2009, in order to expedite Congressional action in establishing a new physician payment system under the Medicare program that would appropriately reimburse physicians by keeping pace with increases in medical practice costs and providing stable, positive Medicare updates. SEC. 3. SUNSET OF MEDICARE SUSTAINABLE GROWTH RATE FORMULA. (a) In General.--Subsection (f) of section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is repealed. (b) Effective Date.--The repeal made by subsection (a) shall apply to services furnished on or after January 1, 2009. SEC. 4. ESTABLISHMENT OF PHYSICIAN PAYMENT UPDATE COMMISSION. (a) Establishment.-- (1) In general.--There is established a commission to be known as the ``Physician Payment Update Commission'' (referred to in this section as the ``Commission''). (2) Membership.-- (A) Composition.--The Commission shall be composed of 17 members appointed by the Comptroller General of the United States, upon the recommendation of the Majority and Minority Leaders of the Senate. (B) Date of appointments.--Members of the Commission shall be appointed not later than 3 months after the date of enactment of this Act. (3) Qualifications.-- (A) In general.--The membership of the Commission shall include individuals with national recognition for their expertise in health finance and economics, actuarial science, integrated delivery systems, allopathic and osteopathic medicine and other areas of health services, and other related fields, who provide a mix of different professionals, broad geographic representation, and a balance between urban and rural representatives. (B) Inclusion.--The members of the Commission shall include (but not be limited to) physicians and other health professionals, employers, third-party payers, individuals skilled in the conduct and interpretation of biomedical, health services, and health economics research and technology assessment. Such membership shall also include representatives of consumers and the elderly. (C) Majority physicians and other health professionals.--Individuals who are physicians or other health professionals shall constitute a majority of the membership of the Commission. (4) Term; vacancies.-- (A) Term.--A member shall be appointed for the life of the Commission. (B) Vacancies.--A vacancy on the Commission-- (i) shall not affect the powers of the Commission; and (ii) shall be filled in the same manner as the original appointment was made. (5) Meetings.--The Commission shall meet at the call of the Chairperson. (6) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson.--The Comptroller General shall designate a member of the Commission, at the time of the appointment of the member, as Chairperson. (b) Duties.-- (1) Study.--The Commission shall conduct a study of all matters relating to payment rates under the Medicare physician fee schedule under section 1848 of the Social Security Act (42 U.S.C. 1395w-4). (2) Recommendations.--The Commission shall develop recommendations on the establishment of a new physician payment system under the Medicare program that would appropriately reimburse physicians by keeping pace with increases in medical practice costs and providing stable, positive Medicare updates. (3) Report.--Not later than December 1, 2007, the Commission shall submit to the appropriate Committees of Congress and the Medicare Payment Advisory Commission-- (A) a detailed statement of the findings and conclusions of the Commission; and (B) the recommendations of the Commission for such legislation and administrative actions as the Commission considers appropriate. (c) Powers.-- (1) Hearings.--The Commission may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information from federal agencies.-- (A) In general.--The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this section. (B) Provision of information.--On request of the Chairperson of the Commission, the head of the agency shall provide the information to the Commission. (3) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (d) Commission Personnel Matters.-- (1) Compensation of members.-- (A) In general.--Members of the Commission shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (B) Travel expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (2) Staff and support services.-- (A) Executive director.--The Chairperson shall appoint an executive director of the Commission. (B) Staff.--With the approval of the Commission, the executive director may appoint such personnel as the executive director considers appropriate. (C) 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. (D) 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. (e) Termination of Commission.--The Commission shall terminate 30 days after the date on which the Commission submits the report of the Commission under subsection (b)(3). (f) Review and Response to Recommendations by the Medicare Payment Advisory Commission.-- (1) In general.--Not later than January 1, 2008, the Medicare Payment Advisory Commission shall-- (A) review the recommendations included in the report submitted under subsection (b)(3); and (B) submit to the appropriate Committees of Congress a report on such review. (2) Contents of report on review of commission recommendations.--The report submitted under paragraph (1)(B) shall include the following: (A) If the Medicare Payment Advisory Commission supports such recommendations, the reasons for such support; or (B) If the Medicare Payment Advisory Commission does not support such recommendations, the recommendations of the Medicare Payment Advisory Commission, together with an explanation as to why the Medicare Payment Advisory Commission does not support the recommendations of the Commission. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. Such appropriation shall be payable from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t).

Fix And Improve Reimbursement (FAIR) for Physicians Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act to repeal the sustainable growth rate (SGR) formula. Establishes the Physician Payment Update Commission to study and report to the appropriate congressional committees and the Medicare Payment Advisory Commission (MEDPAC) on all matters relating to payment rates under the Medicare physician fee schedule. Requires the Commission to develop recommendations for establishment of a new Medicare physician payment system that would keep pace with increases in medical practice costs and provide stable, positive Medicare updates.

A bill to amend title XVIII of the Social Security Act to sunset the sustainable growth rate formula as of January 1, 2009, in order to expedite Congressional action in establishing a new physician payment system that would appropriately reimburse physicians by keeping pace with increases in medical practice costs and providing stable, positive Medicare updates.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accutane Safety and Risk Management Act''. SEC. 2. FEDERAL FOOD, DRUG, AND COSMETIC ACT; RESTRICTIONS REGARDING DRUG ISOTRETINOIN. (a) In General.--Not later than the expiration of the 30-day period beginning on the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), acting through the Commissioner of Food and Drugs, shall withdraw the approval under section 505 of the Federal Food, Drug, and Cosmetic Act of each application for a drug that contains isotretinoin as an active ingredient (including the drug marketed as Accutane). During or after such period, any holder of an application that is subject to the preceding sentence may file with the Secretary a supplemental application for such drug, and the Secretary may approve the supplemental application in accordance with subsection (b). (b) Restrictions.--Any approval by the Secretary of a supplemental application for a drug containing isotretinoin pursuant to subsection (a) shall provide that such drug is being approved as a drug subject to subpart H of part 314 of title 21, Code of Federal Regulations. The Secretary shall under such subpart H establish restrictions on the distribution of the drug. Such restrictions shall require that distribution of the drug under all the approved supplemental applications be exclusively through a single program, approved by the Secretary, that provides for the distribution of the drug in accordance with the following conditions: (1) Distribution of the drug by manufacturers is directly to pharmacists (without the involvement of entities engaged in the wholesale distribution of drugs), and each pharmacist receiving the drug is in compliance with the following: (A) The pharmacist has registered with the program. (B) The pharmacist has received education on potential side effects of the drug relating to birth defects and mental health or behavioral issues that, as of the day before the date of the enactment of this Act, were described on the approved labeling for the drug (including depression, suicidal ideation, suicide attempts, suicide, and aggressive or violent behavior). (C) The pharmacist agrees that the drug will be dispensed only pursuant to prescriptions issued by practitioners at treatment centers certified under paragraph (2). (D) The pharmacist has signed and filed with the program a statement that the pharmacist understands the conditions for participation in the program as a pharmacist, and will maintain compliance with the agreement described in subparagraph (C) and otherwise comply with applicable conditions. (2) The program certifies clinics and medical offices as treatment centers regarding the drug, makes the certifications in accordance with the conditions described in subsection (c), provides that the certifications are effective for one year, and maintains a registry of treatment centers for which certifications are in effect. (3) The program develops and makes available to practitioners materials for educating patients on the drug, including managing the risks associated with the drug, and such materials include a questionnaire, to be completed monthly by patients, that warns patients of the adverse side effects described in paragraph (1)(B) and monitors for the development of any such effects in patients. (4) The drug is prescribed for a patient by a practitioner only in accordance with the following: (A) The drug is prescribed for severe, recalcitrant nodular acne that is unresponsive to conventional therapy, including antibiotics. (B) The patient is registered with the program. (C) Using the materials referred to in paragraph (3), the practitioner educates the patient on the drug, including providing one-on-one, in-person counseling. (D) The practitioner provides to the patient the questionnaire referred to in paragraph (3), and the patient completes the questionnaire. (E) The patient signs a statement providing the informed consent of the patient to undergo treatment with the drug (or a parent or guardian of the patient signs the statement, in the case of a patient who is a minor or otherwise lacks legal capacity). (F) The patient undergoes the appropriate blood tests. (G) In the case of a female patient-- (i) the education under subparagraph (C) includes education on the need to avoid becoming pregnant while being treated with the drug; and (ii) the practitioner determines that the patient is not pregnant, as indicated by an electronic verification, provided to the practitioner by an accredited laboratory, that the patient has undergone a pregnancy test and received a negative result. (H) In the case of a male patient, the education under subparagraph (C) includes education on the need to avoid impregnating women while being treated with the drug. (I) The prescription is issued only after compliance with subparagraphs (B) through (H). (J) The prescription is for a 30-day supply of the drug, with no refills. (K) Each further prescription for the drug is issued by the practitioner to the patient only pursuant to another in-person consultation with the practitioner, and prior to issuing the prescription, compliance with subparagraphs (C) through (I) is repeated. (L) The patient undergoes the appropriate blood tests 30 days after the conclusion of treatment with the drug. (5) Such additional conditions as the Secretary may by regulation determine to be necessary to protect the public health with respect to the drug. (c) Certification of Treatment Centers.--For purposes of subsection (b)(2), the conditions for the program to certify a clinic or medical office as a treatment center regarding a drug containing isotretinoin are as follows: (1) The program determines that each of the practitioners at the clinic or office who will prescribe the drug is in compliance with the following: (A) The practitioner is authorized under the law of the State involved to administer prescription drugs. (B) The practitioner has registered with the program and received education on the potential side effects referred to in subsection (b)(1)(B). (C) The practitioner agrees as follows: (i) The practitioner will prescribe the drug for a patient in accordance with subsection (b)(4). (ii) If a female patient being treated with the drug becomes pregnant, the practitioner will immediately report the pregnancy to the program and provide follow-up in accordance with the program. (iii) The practitioner will not issue prescriptions for the drug by telephone or facsimile transmission, or through the Internet. (iv) The practitioner will-- (I) report to the Secretary any information received by the practitioner on adverse events that are associated with the use of the drug by patients of the practitioner; and (II) submit such reports quarterly, except in the case of a patient death associated with the drug, in which case the report will be submitted immediately, but in no case later than 15 days after the date on which the practitioner learns of the death. (D) The practitioner has signed and filed with the program a statement that the practitioner understands the conditions for participation in the program as a practitioner, and will maintain compliance with the agreements described in subparagraph (C) and otherwise comply with applicable conditions. (2) After the initial certification of the clinic or office, the program renews a certification for additional one- year periods only if the program has conducted an evaluation to determine whether, during the preceding one-year period, each practitioner at the center who prescribes the drug has maintained substantial compliance with applicable conditions of the program. (3) Such additional conditions as the Secretary may by regulation determine to be necessary to protect the public health with respect to the drug. (d) Monitoring by Secretary.--The Secretary shall monitor the distribution of drugs containing isotretinoin under supplemental applications approved under subsection (b), including the prescribing and dispensing of the drug, to determine whether the drug is being distributed in accordance with the program approved by the Secretary under such subsection. (e) Additional Approved Uses.-- (1) In general.--With respect to a drug that contains isotretinoin as an active ingredient, this section may not be construed as prohibiting the Secretary from approving an application under section 505 of the Federal Food, Drug, and Cosmetic Act for such a drug for a use different than the use described in subsection (b)(4)(A) (which different use is referred to in this subsection as a ``new use''). (2) Conditions.--For purposes of paragraph (1): (A) An approval by the Secretary of a new use is subject to the same conditions as apply under subsection (b) with respect to the use described in paragraph (4)(A) of such subsection. (B) In applying such conditions to the new use, the Secretary may authorize the program under subsection (b) to be expanded to include the new use, or the Secretary may require the establishment of a separate program for the new use. (C) The requirement of monitoring under subsection (d) applies with respect to the new use to the same extent and in the same manner as the requirement applies with respect to the use described in subsection (b)(4)(A). (D) Section 3 applies with respect to the new use. SEC. 3. REPORTING OF ADVERSE EVENTS BY MANUFACTURERS AND DISTRIBUTORS. (a) In General.--Each person who is a manufacturer or distributor of a drug containing isotretinoin shall report to the Secretary any information received by such person on adverse events that are associated with such drug. In any case in which an individual reports an adverse event to such person and states that the individual believes the drug is a factor in the event, the person shall consider the event to be associated with the drug for purposes of the preceding sentence. (b) Timeframe for Reporting.--A person described in subsection (a) shall submit reports under such subsection to the Secretary on a quarterly basis, except that in the case of a death associated with isotretinoin, the report shall be submitted immediately, but in no case later than 15 days after the date on which the person learns of the death. SEC. 4. FURTHER STUDIES. (a) In General.--The Secretary, in consultation with the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, and the Director of the National Institute of Mental Health, shall continue to conduct and support appropriate studies to explore, in adolescents and adults-- (1) the effects of isotretinoin and retinoid acid on the central nervous system, including the brain; and (2) the behavioral effects of isotretinoin, including depression, suicidal ideation, suicide attempts, suicide, and aggressive or violent behavior. (b) Authorization of Appropriations.--For the purpose of studies under subsection (a), there are authorized to be appropriated such sums as may be necessary for fiscal year 2006 and each subsequent fiscal year, in addition to any other authorizations of appropriations that are available for such purpose.

Accutane Safety and Risk Management Act - Requires the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to withdraw approval within 30 days for the sale of drugs that contain isotretinoin as an active ingredient, including Accutane. Allows the Secretary to approve subsequent supplemental applications for such drugs subject to certain restrictions, including safety reporting. Requires that distribution of such subsequently approved drugs be limited, including by: (1) allowing distribution only directly from manufacturers to pharmacists; (2) requiring pharmacists to register, receive education on side effects, dispense only those prescriptions from physicians at certified treatment centers, and file a statement of compliance; (3) developing educational materials for patients, including monthly questionnaires for patients to monitor the development of adverse side effects; (4) requiring patients to register, receive counseling on the drug, sign a statement providing informed consent for treatment, and undergo appropriate tests; and (5) limiting prescriptions to a 30-day supply with no refills. Specifies conditions for a clinic to be certified as a treatment center for a drug containing isotretinoin, including requiring each practitioner to meet certain conditions, such as requirements for registration, an agreement to prescribe in accordance with this Act, and reporting of adverse events. Requires the Secretary to monitor the distribution of such drugs to determine whether the drug is being distributed in accordance with this Act. Specifies conditions under which the Secretary may approve a drug that contains isotretinoin as an active ingredient for a new use. Requires manufacturers and distributors of isotretinoin to report any information on adverse events associated with the drug to the Secretary. Requires the Secretary to conduct and support studies to explore the effects of isotretinoin on the central nervous system and behavior, including depression, suicide, and violent behavior.

To provide for the establishment of certain restrictions with respect to drugs containing isotretinoin (including the drug marketed as Accutane).

SECTION 1. FINDINGS. The Congress finds that-- (1) Ukraine allows its citizens the right and opportunity to emigrate, free of anything more than a nominal tax on emigration or on the visas or other documents required for emigration and free of any tax, levy, fine, fee, or other charge on any citizens as a consequence of the desire of such citizens to emigrate to the country of their choice; (2) Ukraine has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974 since 1997; (3) since reestablishing independence in 1991, Ukraine has taken important steps toward the creation of democratic institutions and a free-market economy and, as a participating state of the Organization for Security and Cooperation in Europe (OSCE), is committed to developing a system of governance in accordance with the principles regarding human rights and humanitarian affairs that are set forth in the Final Act of the Conference on Security and Cooperation in Europe (also known as the ``Helsinki Final Act'') and successive documents; (4) Ukraine has shown progress towards meeting international commitments and standards in its most recent Parliamentary elections, recognizing that significant shortcomings remain, including in the implementation of Ukraine's election laws, illegal interference by public authorities in the electoral process, and allegations of intimidation against opposition contestants, activists, and voters; (5) as a participating state of the OSCE, Ukraine is committed to addressing issues relating to its national and religious minorities and to adopting measures to ensure that persons belonging to national minorities have full equality both individually and communally; (6) Ukraine has enacted legislation providing protection against incitement to violence against persons or groups based on national, racial, ethnic, or religious discrimination, including anti-Semitism, and has committed itself, including through a letter to the President of the United States, to ensuring freedom of religion and combating racial and ethnic intolerance and hatred; (7) Ukraine has engaged in efforts to combat ethnic and religious intolerance by cooperating with various United States nongovernmental organizations; (8) Ukraine is continuing the restitution of religious properties, including religious and communal properties confiscated from national and religious minorities during the Soviet era, is facilitating the revival of those minority groups, and is in the process of developing a legislative framework for completing this process, as was confirmed in a letter to the President of the United States; (9) Ukraine has received normal trade relations treatment since concluding a bilateral trade agreement with the United States that entered into force on June 23, 1992; (10) Ukraine is making progress toward accession to the World Trade Organization, recognizing that many issues remain to be resolved, including commitments relating to access of United States agricultural products, protection of intellectual property rights, tariff and excise tax reductions for goods (including automobiles), trade in services, agricultural subsidy levels, elimination of export incentives for industrial goods, and reform of customs procedures and technical, sanitary, and phytosanitary measures; (11) Ukraine has enacted protections reflecting internationally recognized labor rights, noting that gaps remain both in the country's legal regime and its enforcement record; (12) as a participating state of the OSCE, Ukraine has committed itself to respecting freedom of the press, although infringements of this freedom continue to occur; (13) Ukraine has established positive relations with neighboring countries, and has stated its desire to pursue a course of European integration with a commitment to ensuring democracy and prosperity for its citizens; and (14) Ukraine has participated with the United States in its peacekeeping operations in Europe and has provided important cooperation in the global struggle against international terrorism. SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 TO UKRAINE. (a) Presidential Determinations and Extension of Unconditional and Permanent Nondiscriminatory Treatment.--Notwithstanding any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the President may-- (1) determine that such title should no longer apply to Ukraine; and (2) after making a determination under paragraph (1) with respect to Ukraine, proclaim the extension of unconditional and permanent nondiscriminatory treatment (permanent normal trade relations treatment) to the products of that country. (b) Termination of Application of Title IV.--On and after the effective date of the extension under subsection (a)(2) of nondiscriminatory treatment to the products of Ukraine, chapter 1 of title IV of the Trade Act of 1974 shall cease to apply to that country. SEC. 3. SENSE OF CONGRESS. It is the sense of the Congress that the United States remain fully committed to a multifaceted engagement with Ukraine, including by-- (1) urging Ukraine to fulfill its commitments as a participating member of the OSCE, and to continue its current policy-- (A) of providing for the free emigration of its citizens; (B) of safeguarding religious liberty throughout Ukraine; (C) of enforcing existing Ukrainian laws at the national and local levels to combat ethnic, religious, and racial discrimination and violence; (D) of expanding the restitution of religious and communal properties, including establishing a legal framework for the completion of such restitution in the future; and (E) of respecting media freedoms fully; (2) working with Ukraine to improve in the areas described in section 1(11); (3) supporting Ukraine's efforts to make substantial and meaningful progress in enacting and enforcing the protection of intellectual property rights; (4) working with Ukraine to ensure quick resolution of trade disputes that may arise, particularly in the poultry and other agricultural sectors; and (5) continuing monitoring by the United States of human rights, rule of law, and media freedoms in Ukraine, including the issues described in paragraphs (1) and (2), providing assistance to nongovernmental organizations and human rights groups involved in human rights, democracy, and rule of law activities in Ukraine, and attempting to establish annual discussions with Ukraine regarding those issues, including the participation of United States and Ukrainian nongovernmental organizations in such discussions. SEC. 4. REPORTING REQUIREMENT. The reports required by sections 102(b) and 203 of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b) and 6433) shall continue to include an assessment of the status of the issues described in subparagraphs (A) through (D) of section 3(1). SEC. 5. CONTINUED ENJOYMENT OF RIGHTS UNDER THE JUNE 23, 1992, BILATERAL TRADE AGREEMENT. (a) Finding.--The Congress finds that the trade agreement between the United States and Ukraine that entered into force on June 23, 1992, remains in force between the 2 countries and provides the United States with important rights, including the right to use specific safeguard rules to respond to import surges from Ukraine. (b) Applicability of Safeguard.--Section 421 of the Trade Act of 1974 (19 U.S.C. 2451) shall apply to Ukraine to the same extent as such section applies to the People's Republic of China, so long as the trade agreement described in subsection (a) remains in force. SEC. 6. EXERCISE OF CONGRESSIONAL OVERSIGHT OVER WTO ACCESSION NEGOTIATIONS. (a) Notice of Agreement on Accession to WTO by Ukraine.--Not later than 5 days after the date on which the United States has entered into a bilateral agreement with Ukraine on the terms of accession by Ukraine to the World Trade Organization, the President shall so notify the Congress, and the President shall transmit to the Congress, not later than 15 days after that agreement is entered into, a report that sets forth the provisions of that agreement. (b) Resolution of Disapproval.-- (1) Introduction.--If a resolution of disapproval is introduced in the House of Representatives or the Senate during the 30-day period (not counting any day which is excluded under section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b)), beginning on the date on which the President first notifies the Congress under subsection (a) of the agreement referred to in that subsection, that resolution of disapproval shall be considered in accordance with this subsection. (2) Resolution of disapproval.--In this subsection, the term ``resolution of disapproval'' means only a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: ``That it is the sense of the Congress that the agreement between the United States and Ukraine on the terms of accession by Ukraine to the World Trade Organization, of which Congress was notified on __, does not adequately advance the interests of the United States.'', with the blank space being filled with the appropriate date. (3) Procedures for considering resolutions.-- (A) Introduction and referral.--Resolutions of disapproval-- (i) in the House of Representatives-- (I) may be introduced by any Member of the House; (II) shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and (III) may not be amended by either Committee; and (ii) in the Senate-- (I) may be introduced by any Member of the Senate; (II) shall be referred to the Committee on Finance; and (III) may not be amended. (B) Committee discharge and floor consideration.-- The provisions of subsections (c) through (f) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192(c) through (f)) (relating to committee discharge and floor consideration of certain resolutions in the House and Senate) apply to a resolution of disapproval to the same extent as such subsections apply to resolutions under such section. (c) Rules of House of Representatives and Senate.--Subsection (b) is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House.

Authorizes the President to extend unconditional and permanent nondiscriminatory (permanent normal trade relations) treatment to the products of the Ukraine. Expresses the sense of Congress that the United States remain fully committed to a multifaceted engagement with Ukraine, including by: (1) urging Ukraine to fulfill its commitments as a participating member of the Organization for Security and Cooperation in Europe (OSCE), and to continue its current policy with regard to human rights, rule of law, and media freedoms; (2) working with Ukraine to improve in the areas of its legal regime and enforcement of internationally recognized labor rights; (3) supporting Ukraine's efforts to make substantial and meaningful progress in enacting and enforcing the protection of intellectual property rights; (4) working with Ukraine to ensure quick resolution of trade disputes that may arise, particularly in the poultry and other agricultural sectors; and (5) continued monitoring by the United States of human rights, rule of law, and media freedoms in Ukraine, including the issues described in this Act, providing assistance to nongovernmental organizations and human rights groups involved in human rights, democracy, and rule of law activities in Ukraine, and attempting to establish annual discussions with Ukraine regarding those issues, including the participation of United States and Ukrainian nongovernmental organizations in such discussions. Applies to Ukraine to the same extent as to the People's Republic of China, so long as the 1992 trade agreement between the United States and Ukraine remains in force, the requirement of the Trade Act of 1974 that the President proclaim increased duties or other import restrictions with respect to any product of Ukraine being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to U.S. producers of a like or directly competitive product. Sets forth procedures with respect to: (1) notification by the President to Congress regarding U.S. entry into a bilateral agreement with Ukraine on the terms of accession by Ukraine to the World Trade Organization; (2) a resolution of disapproval of such agreement; and (3) procedures for consideration of the resolution.

A bill to authorize the extension of unconditional and permanent nondiscriminatory treatment (permanent normal trade relations treatment ) to the products of Ukraine, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Television Violence Protection Act of 1993''. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``violence'' means any action that has as an element the use or threatened use of physical force against the person of another, or against one's self, with intent to cause bodily harm to such person or one's self. For purposes of this Act, an action may involve violence regardless of whether or not such action or threat of action occurs in a realistic or serious context or in a humorous or cartoon type context. (2) The term ``programming'' includes cartoons. (3) The term ``child'' or ``children'' means any individual or individuals under 18 years of age. (4) The term ``person'' shall have the same meaning given that term under section 602(14) of the Communications Act of 1934 (47 U.S.C. 522(14)). (5) The term ``cable operator'' shall have the same meaning given that term under section 602(4) of the Communications Act of 1934 (47 U.S.C. 522(4)). (6) The term ``cable service'' shall have the same meaning given that term under section 602(5) of the Communications Act of 1934 (47 U.S.C. 522(5)). (7) The term ``television broadcast licensee'' means a ``licensee'' as defined in section 3(c) of the Communications Act of 1934 (47 U.S.C. 153(c)) authorized to engage in television broadcasting, including independent television broadcasting. (8) The term ``franchising authority'' shall have the same meaning given that term under section 602(10) of the Communications Act of 1934 (47 U.S.C. 522(10)). SEC. 3. RULEMAKING REQUIRED. (a) Standards.--The Federal Communications Commission shall, within 30 days after the date of the enactment of this section, initiate a rulemaking proceeding to prescribe standards applicable to television broadcast licensees, and cable operators providing cable service under a franchise granted by a franchising authority, requiring such television broadcast licensees and cable operators, including cable programmers, in connection with the broadcasting of any video programming which may contain violence, or unsafe gun practices, to require a video and audio warning at the time of such broadcast to the effect that such programming may contain violence, or unsafe gun practices, and may adversely affect the mental or physical health, or both, of a child, and may, if the events portrayed in such programming occur in real life, warrant the imposition of criminal penalties. (b) Contents of Standards.--Standards required by subsection (a) shall require: (1) Broadcast television licensees, and cable operators, including cable programmers, to include, at the beginning of the programming, and at other appropriate times during such programming, a warning label, with an audio voice over, to the effect that the programming may contain violence, or unsafe gun practices, and may adversely affect the mental or physical health, or both, of a child, and may, if the events portrayed in such programming occur in real life, warrant the imposition of criminal penalties. (2) Public notice to assist interested persons in identifying programming which may contain violence, or unsafe gun practices. (c) Final Standards.--The Commission shall, within 150 days following the date of the enactment of this Act, prescribe final standards in accordance with this section. (d) Exception.--The provisions of subsection (a) shall not apply to any programming broadcast, in any time zone, during the period commencing at 11:00 P.M. and ending at 6:00 A.M. SEC. 4. VIOLATIONS. (a) Violations.--If a person violates any rule or regulation issued or promulgated pursuant to section 3, the Federal Communications Commission may, after notice and opportunity for hearing, impose on the person a civil fine of not more than $5,000. For purposes of this subsection, each day of violation constitutes a separate violation. (b) Intentional Violations.--If a person intentionally violates any rule or regulation issued or promulgated pursuant to section 3, the Federal Communications Commission shall, after notice and opportunity for hearing, impose on the person a civil fine of not less than $10,000 or more than $25,000. For purposes of this subsection, each day of violation constitutes a separate violation. SEC. 5. EXCEPTIONS FOR CERTAIN VIDEO PROGRAMMING. The Federal Communications Commission may exempt, as public interest requires, certain video programming from the requirements of section 3, including news broadcasts, sporting events, educational programming and documentaries. SEC. 6. CONSIDERATION OF VIOLATIONS IN BROADCAST LICENSE RENEWAL. The Federal Communications Commission shall consider, among the elements in its review of an application for renewal of a television broadcast license, including an independent television broadcaster, whether the licensee has complied with the standards required to be prescribed under section 3 of this Act.

Children's Television Violence Protection Act of 1993 - Requires the Federal Communications Commission (FCC) to prescribe standards requiring television broadcast licensees and cable operators, including cable programmers, to require a video and audio warning with regard to programming that may contain violence or unsafe gun practices, that may adversely affect the mental or physical health of a child, and that may, if the events portrayed in such programming occur in real life, warrant the imposition of criminal penalties. Exempts any programming broadcast between 11:00 P.M. and 6:00 A.M. Authorizes the FCC to exempt, as public interest requires, certain video programming, including news broadcasts, sporting events, educational programming, and documentaries. Directs the FCC to consider, in its review of an application for renewal of a television broadcast license, whether the licensee has complied with this Act.

Children's Television Violence Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family and Medical Leave Inclusion Act''. SEC. 2. LEAVE TO CARE FOR A DOMESTIC PARTNER, PARENT-IN-LAW, ADULT CHILD, SIBLING, OR GRANDPARENT. (a) Definitions.-- (1) Inclusion of grandparents, grandchildren, parents-in- law, siblings, and domestic partners.--Section 101 of such Act is further amended by adding at the end the following: ``(20) Domestic partner.--The term `domestic partner' means-- ``(A) the person recognized as the domestic partner of the employee under any domestic partner registry or civil union laws of the State or political subdivision of a State where the employee resides, or who is lawfully married to the employee under the laws of the State where the employee resides; or ``(B) in the case of an unmarried employee who lives in a State where a person cannot marry a person of the same sex under the laws of the State, an unmarried adult person of the same sex as the employee who is in a committed, personal relationship with the employee, is not a domestic partner to any other person, and who is designated to the employer by such employee as that employee's domestic partner. ``(21) Grandchild.--The term `grandchild' means the son or daughter of an employee's son or daughter. ``(22) Grandparent.--The term `grandparent' means a parent of a parent of an employee. ``(23) Parent-in-law.--The term `parent-in-law' means a parent of the spouse or domestic partner of an employee. ``(24) Sibling.--The term `sibling' means any person who is a son or daughter of an employee's parent. ``(25) Son-in-law and daughter-in-law.--The terms `son-in- law' and `daughter-in-law', used with respect to an employee, means any person who is a spouse or domestic partner of a son or daughter of the employee.''. (2) Inclusion of adult children and children of a domestic partner.--Section 101(12) of such Act (29 U.S.C. 2611(12)) is amended-- (A) by inserting ``a child of an individual's domestic partner,'' after ``a legal ward,''; and (B) by striking ``who is--'' and all that follows and inserting ``and includes an adult child''. (b) Leave Requirement.--Section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is amended-- (1) in subsection (a)(1)(C), by striking ``spouse, or a son, daughter, or parent of the employee, if such spouse, son, daughter, or parent'' and inserting ``spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandparent, grandchild, or sibling, of the employee if such spouse, domestic partner, son, daughter, parent, parent-in-law, grandparent, grandchild, or sibling''; (2) in subsection (a)(1)(E), by striking ``spouse, or a son, daughter, or parent'' and inserting ``spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandchild, or sibling''; (3) in subsection (a)(3), by striking ``spouse, son, daughter, parent,'' and inserting ``spouse or domestic partner, son, daughter, son-in-law, daughter-in-law, parent, parent-in- law, grandparent, or sibling,''; (4) in subsection (e)(2)(A), by striking ``spouse, parent,'' and inserting ``spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling,''; (5) in subsection (e)(3), by striking ``spouse, or a son, daughter, or parent,'' and inserting ``spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandchild, or sibling,''; and (6) in subsection (f)-- (A) in the matter preceding subparagraph (A), by inserting ``or domestic partners'' after ``husband and wife''; and (B) in subparagraph (B), by inserting ``or parent- in-law'' after ``parent''. (c) Certification.--Section 103 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613) is amended-- (1) in subsection (a), by striking ``spouse, or parent'' and inserting ``spouse or domestic partner, parent, parent-in- law, grandparent, grandchild, or sibling''; (2) in subsection (b)(4)(A), by striking ``spouse, or parent and an estimate of the amount of time that such employee is needed to care for the son, daughter, spouse, or parent'' and inserting ``spouse or domestic partner, parent, parent-in- law, grandparent, grandchild, or sibling and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse or domestic partner, parent, parent-in- law, grandparent, or sibling''; and (3) in subsection (b)(7), by striking ``parent, or spouse'' and inserting ``spouse or domestic partner, parent, parent-in- law, grandparent, or sibling''. (d) Employment and Benefits Protection.--Section 104(c)(3) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(3)) is amended-- (1) in subparagraph (A)(i), by striking ``spouse, or parent'' and inserting ``spouse or domestic partner, parent, parent-in-law, grandparent, or sibling''; and (2) in subparagraph (C)(ii), by striking ``spouse, or parent'' and inserting ``spouse or domestic partner, parent, parent-in-law, grandparent, or sibling''. SEC. 3. FEDERAL EMPLOYEES. (a) Definitions.-- (1) Inclusion of grandparents, parents-in-law, siblings, and domestic partners.--Section 6381 of title 5, United States Code, is amended-- (A) in paragraph (11) by striking ``; and'' and inserting a semicolon; (B) in paragraph (12), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ``(13) the term `domestic partner' means-- ``(A) the person recognized as the domestic partner of the employee under any domestic partner registry or civil union laws of the State or political subdivision of a State where the employee resides, or who is lawfully married to the employee under the laws of the State where the employee resides; or ``(B) in the case of an unmarried employee who lives in a State where a person cannot marry a person of the same sex under the laws of the State, an unmarried adult person of the same sex as the employee who is in a committed, personal relationship with the employee, is not a domestic partner to any other person, and who is designated to the employing agency by such employee as that employee's domestic partner; ``(14) the term `parent-in-law' means a parent of the spouse or domestic partner of an employee; ``(15) the term `grandchild' means the son or daughter of an employee's son or daughter; ``(16) the term `grandparent' means a parent of a parent of an employee; ``(17) the term `sibling' means any person who is a son or daughter of an employee's parent; and ``(18) the terms `son-in-law and daughter-in-law', used with respect to an employee, means any person who is a spouse or domestic partner of a son or daughter of the employee.''. (2) Inclusion of adult children and children of a domestic partner.--Section 6381(6) of such title is amended-- (A) by inserting ``a child of an individual's domestic partner,'' after ``a legal ward,''; and (B) by striking ``who is--'' and all that follows and inserting ``and includes an adult child''. (b) Leave Requirement.--Section 6382 of title 5, United States Code, is amended-- (1) in subsection (a)(1)(C), by striking ``spouse, or a son, daughter, or parent of the employee, if such spouse, son, daughter, or parent'' and inserting ``spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandparent, grandchild, or sibling, of the employee if such spouse, domestic partner, son, daughter, parent, parent-in-law, grandparent, grandchild, or sibling''; (2) in subsection (a)(1)(E), by striking ``spouse, or a son, daughter, or parent'' and inserting ``spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandchild, or sibling''; (3) in subsection (a)(3), by striking ``spouse, son, daughter, parent,'' and inserting ``spouse or domestic partner, son, daughter, son-in-law, daughter-in-law, parent, parent-in- law, grandparent, sibling,''; (4) in subsection (e)(2)(A), by striking ``spouse, parent,'' and inserting ``spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling,''; and (5) in subsection (e)(3), by striking ``spouse, or a son, daughter, or parent,'' and inserting ``spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandchild, or sibling,''. (c) Certification.--Section 6383 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``spouse, or parent'' and inserting ``spouse or domestic partner, parent, parent-in- law, grandparent, grandchild, or sibling''; and (2) in subsection (b)(4)(A), by striking ``spouse, or parent, and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse, or parent'' and inserting ``spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, or sibling and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, or sibling''.

Family and Medical Leave Inclusion Act - Amends the Family and Medical Leave Act of 1993 to provide for employee leave to care for a domestic partner or his or her child, parent-in-law, adult child, sibling, grandparent, grandchild, son-in-law, or daughter-in-law (as well as for a spouse, child, or parent), if such person has a serious health condition. Amends federal civil service law to apply the same leave allowance to federal employees.

To amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to permit leave to care for a domestic partner, parent-in-law, adult child, sibling, grandchild, or grandparent who has a serious health condition, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preservation of Defined Benefit Plans Act of 2005''. SEC. 2. RULES RELATING TO REDUCTION IN ACCRUED BENEFITS BECAUSE OF ATTAINMENT OF ANY AGE. (a) Amendment to Internal Revenue Code of 1986.--Subparagraph (H) of section 411(b)(1) of the Internal Revenue Code of 1986 (relating to continued accrual beyond normal retirement age) is amended-- (1) by striking the heading and inserting the following: ``Rules relating to reduction in accrued benefits because of attainment of any age.--''; and (2) by adding at the end the following: ``(vi) Comparison to similarly situated, younger individuals.-- ``(I) In general.--A defined benefit plan under which the accrued benefit payable under the plan upon distribution (or any portion thereof) is expressed as the balance of an account maintained for the participant shall not be treated as age discriminatory under the rules set forth in this subsection if the participant's accrued benefit under the plan, as determined as of any date under the formula as set forth in the plan documents, would be equal to or greater than that of any similarly situated younger individual. ``(II) Similarly situated individual.--For purposes of this clause, an individual is similarly situated to a participant if such individual is identical to such participant in every respect (including period of service, compensation, position, date of hire, work history, and any other respect) except for age.''. (b) Amendment to the Employee Retirement Income Security Act of 1974.--Section 204(b)(1)(H) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054(b)(1)(H)) is amended by adding at the end the following new clause: ``(vii)(I) A defined benefit plan under which the accrued benefit payable under the plan upon distribution (or any portion thereof) is expressed as the balance of an account maintained for the participant shall not be treated as age discriminatory under the rules set forth in this subsection if the participant's accrued benefit under the plan, as determined as of any date under the formula as set forth in the plan documents, would be equal to or greater than that of any similarly situated younger individual. ``(II) For purposes of this clause, an individual is similarly situated to a participant if such individual is identical to such participant in every respect (including period of service, compensation, position, date of hire, work history, and any other respect) except for age.''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning before, on, or after the date of the enactment of this Act. SEC. 3. DETERMINATIONS OF ACCRUED BENEFIT AS BALANCE OF BENEFIT ACCOUNT. (a) Amendment to Internal Revenue Code of 1986.--Subsection (a) of section 411 of the Internal Revenue Code of 1986 (relating to minimum vesting standards) is amended by adding at the end the following new paragraph: ``(13) Maintenance of nonforfeitability of benefits expressed as account balance.-- ``(A) In general.--A defined benefit plan under which the accrued benefit payable under the plan upon distribution (or any portion thereof) is expressed as the balance of an account maintained for the participant shall not be treated as failing to meet the requirements of paragraph (2) or 417(e) solely because of the amount actually made available for such distribution under the terms of the plan, in any case in which-- ``(i) the applicable interest rate that would be required to discount the participant's accrued benefit projected under the terms of the plan to normal retirement age to a present value equal to the amount actually made available for distribution under the plan is not greater than ``(ii) a market rate of return. ``(B) Regulations.--The Secretary may provide by regulation for rules governing the calculation of a market rate of return for purposes of subparagraph (A) and for permissible methods of crediting interest to the account (including variable interest rates) resulting in effective rates of return meeting the requirements of subparagraph (A).''. (b) Amendment to Employee Retirement Income Security Act of 1974.-- Section 203 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1053) is amended by adding at the end the following new subsection: ``(f)(1) A defined benefit plan under which the accrued benefit payable under the plan upon distribution (or any portion thereof) is expressed as the balance of an account maintained for the participant shall not be treated as failing to meet the requirements of subsection (a)(2) and section 205(g) solely because of the amount actually made available for such distribution under the terms of the plan, in any case in which-- ``(A) the applicable interest rate that would be required to discount the participant's accrued benefit projected under the terms of the plan to normal retirement age to a present value equal to the amount actually made available for distribution under the plan is not greater than ``(B) a market rate of return. ``(2) The Secretary of the Treasury may provide by regulation for rules governing the calculation of a market rate of return for purposes of paragraph (1) and for permissible methods of crediting interest to the account (including variable interest rates) resulting in effective rates of return meeting the requirements of paragraph (1).''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act. SEC. 4. AGE DISCRIMINATION PROTECTIONS FOR PENSION PLAN PARTICIPANTS FROM CASH BALANCE CONVERSIONS. (a) Amendment to Internal Revenue Code of 1986.--Section 411 of the Internal Revenue Code of 1986 (relating to special rules) is amended by adding at the end the following new subsection: ``(f) Age Discrimination Safe Harbor Rules for Certain Plan Conversions.-- ``(1) Age discrimination.--An applicable plan amendment adopted by a defined benefit plan shall not be treated as satisfying the requirements of this section unless the opening account balance of each participant under the plan after the adoption of the amendment is equal to at least the present value of the participant's retirement benefit at age 65 before the effective date of the amendment, determined under the terms of the plan as in effect immediately before the effective date. ``(2) Applicable plan amendment.--For purposes of this subsection, the term `applicable plan amendment' means a plan amendment which has the effect of converting a defined benefit plan to a plan under which the accrued benefit is expressed to participants and beneficiaries as an amount other than an annual benefit commencing at normal retirement age (or which has a similar effect as determined under regulations of the Secretary under subsection (b)(1)(I)(iv)). ``(3) Special transition rules.-- ``(A) In general.--Paragraph (1) shall not apply with respect to an applicable plan amendment adopted on or after January 1, 1997, and before November 9, 2005, until the date which is 2 years after the date of the enactment of this subsection. ``(B) Participants separated from service before enactment.--A participant who is separated from service before November 9, 2005, need not be taken into account for purposes of applying paragraph (1) until the date which is 3 years after the date of the enactment of this subsection.''. (b) Employee Retirement Income Security Act of 1974.--Section 203 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1053) is amended by adding at the end the following new subsection: ``(f)(1) An applicable plan amendment adopted by a defined benefit plan shall not be treated as satisfying the requirements of this section unless the opening account balance of each participant under the plan after the adoption of the amendment is equal to at least the present value of the participant's retirement benefit at age 65 before the effective date of the amendment, determined under the terms of the plan as in effect immediately before the effective date. ``(2) For purposes of this subsection, the term `applicable plan amendment' means a plan amendment which has the effect of converting a defined benefit plan to a plan under which the accrued benefit is expressed to participants and beneficiaries as an amount other than an annual benefit commencing at normal retirement age (or which has a similar effect as determined under regulations of the Secretary of the Treasury under subsection (b)(1)(I)(iv)). ``(3)(A) Paragraph (1) shall not apply with respect to an applicable plan amendment adopted on or after January 1, 1997, and before November 9, 2005, until the date which is 2 years after the date of the enactment of this subsection. ``(B) A participant who is separated from service before November 9, 2005, need not be taken into account for purposes of applying paragraph (1) until the date which is 3 years after the date of the enactment of this subsection.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 5. WEAR AWAY PROTECTIONS IN PENSION PLAN CASH BALANCE CONVERSIONS. (a) Amendment to Internal Revenue Code of 1986.--Section 411 of the Internal Revenue Code of 1986 (relating to special rules), as amended by section 4, is amended by adding at the end the following new subsection: ``(g) Treatment of Plan Amendments Wearing Away Accrued Benefit.-- ``(1) In general.--An applicable plan amendment adopted by a defined benefit plan shall not be treated as satisfying the requirements of this section unless the applicable plan amendment meets the requirements of paragraphs (2) and (3). ``(2) Wear away prevented.--For purposes of paragraph (1), an applicable plan amendment meets the requirements of this paragraph if, under the terms of the plan after the adoption of the amendment, the accrued benefit of the participant at any time is not less than the sum of-- ``(A) the participant's accrued benefit for years of service before the effective date of the amendment, determined under the terms of the plan as in effect immediately before the effective date, plus ``(B) the participant's accrued benefit determined under the formula applicable to benefit accruals under the current plan as applied to years of service after such effective date. ``(3) Employer choice of method to protect certain participants.--For purposes of paragraph (1), an applicable plan amendment meets the requirements of this paragraph if the plan to be amended provides each participant who has at least 10 years of service (as determined under subsection (a)) under the plan at the time such amendment takes effect and is within 5 years of eligibility for retirement under the plan with one of the following: ``(A) Participant election to maintain rate of accrual in effect before plan amendment.--Each such participant-- ``(i) is provided with notice of the plan amendment, including a comparison of the present and projected values of the accrued benefit determined both with and without regard to the plan amendment, and ``(ii) may elect upon retirement to either receive benefits under the terms of the plan as in effect at the time of retirement or to receive benefits under the terms of the plan as in effect immediately before the effective date of such plan amendment (taking into account all benefit accruals under such terms since such date). ``(B) Benefits of amended plan do not decrease.-- For each such participant, the benefits after the plan amendment takes effect are not less than the greatest benefits the participant would have received by reason of the election described in subparagraph (A)(ii). ``(C) Maintenance of effort.--For each such participant, for at least the first 5 years after the plan amendment takes effect, benefits under the terms of the plan as in effect immediately before the effective date of such plan amendment (taking into account all benefit accruals under such terms since such date). ``(4) Definitions.--For purposes of this subsection-- ``(A) Applicable plan amendment.--The term `applicable plan amendment' has the meaning given such term by subsection (f). ``(B) Protected accrued benefit.--An accrued benefit shall include any early retirement benefit or retirement-type subsidy (within the meaning of subsection (d)(6)(B)(i)), but only with respect to a participant who satisfies (either before or after the effective date of the amendment) the conditions for the benefit or subsidy under the terms of the plan as in effect immediately before such date.''. (b) Employee Retirement Income Security Act of 1974.--Section 203 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1053), as amended by section 4, is amended by adding at the end the following new subsection: ``(g)(1) An applicable plan amendment adopted by a defined benefit plan shall not be treated as satisfying the requirements of this section unless the applicable plan amendment meets the requirements of paragraphs (2) and (3). ``(2) For purposes of paragraph (1), an applicable plan amendment meets the requirements of this paragraph if, under the terms of the plan after the adoption of the amendment, the accrued benefit of the participant at any time is not less than the sum of-- ``(A) the participant's accrued benefit for years of service before the effective date of the amendment, determined under the terms of the plan as in effect immediately before the effective date, plus ``(B) the participant's accrued benefit determined under the formula applicable to benefit accruals under the current plan as applied to years of service after such effective date. ``(3) For purposes of paragraph (1), an applicable plan amendment meets the requirements of this paragraph if the plan to be amended provides each participant who has at least 10 years of service (as determined under subsection (a)) under the plan at the time such amendment takes effect and is within 5 years of eligibility for retirement under the plan with one of the following: ``(A) Each such participant-- ``(i) is provided with notice of the plan amendment, including a comparison of the present and projected values of the accrued benefit determined both with and without regard to the plan amendment, and ``(ii) may elect upon retirement to either receive benefits under the terms of the plan as in effect at the time of retirement or to receive benefits under the terms of the plan as in effect immediately before the effective date of such plan amendment (taking into account all benefit accruals under such terms since such date). ``(B) For each such participant, the benefits after the plan amendment takes effect are not less than the greatest benefits the participant would have received by reason of the election described in subparagraph (A)(ii). ``(C) For each such participant, for at least the first 5 years after the plan amendment takes effect, benefits under the terms of the plan as in effect immediately before the effective date of such plan amendment (taking into account all benefit accruals under such terms since such date). ``(4) For purposes of this subsection-- ``(A) The term `applicable plan amendment' has the meaning given such term by subsection (f). ``(B) An accrued benefit shall include any early retirement benefit or retirement-type subsidy (within the meaning of subsection (d)(6)(B)(i)), but only with respect to a participant who satisfies (either before or after the effective date of the amendment) the conditions for the benefit or subsidy under the terms of the plan as in effect immediately before such date.''. (c) Effective Date.--The amendments made by this section shall apply with respect to any amendment to a plan adopted after the date of the enactment of this Act.

Preservation of Defined Benefit Plans Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to require all defined benefit pension plans, including hybrid plans such as a cash balance plan, to comply with certain rules, in cases of reduction in accrued benefits because of attainment of any age, in order to be deemed nondiscriminatory as to age. Provides certain wear-away protections with respect to the accrued benefits of participants in defined benefit pension plans during conversions to cash balance plans.

To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to provide for protections with respect to the accrued benefits of participants during conversions of pension plans to cash balance plans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Junk Fax Prevention Act of 2004''. SEC. 2. PROHIBITION ON FAX TRANSMISSIONS CONTAINING UNSOLICITED ADVERTISEMENTS. (a) Prohibition.--Subparagraph (C) of section 227(b)(1) of the Communications Act of 1934 (47 U.S.C. 227(b)(1)(C)) is amended to read as follows: ``(C) to use any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement, unless-- ``(i) the unsolicited advertisement is from a sender with an established business relationship with the recipient, and ``(ii) the unsolicited advertisement contains a notice meeting the requirements under paragraph (2)(D), except that the exception under clauses (i) and (ii) shall not apply with respect to an unsolicited advertisement sent to a telephone facsimile machine by a sender to whom a request has been made not to send future unsolicited advertisements to such telephone facsimile machine that complies with the requirements under paragraph (2)(E); or''. (b) Definition of Established Business Relationship.--Subsection (a) of section 227 of the Communications Act of 1934 (47 U.S.C. 227(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following new paragraph: ``(2) The term `established business relationship', for purposes only of subsection (b)(1)(C)(i), shall have the meaning given the term in section 64.1200 of the Commission's regulations, as in effect on January 1, 2003, except that-- ``(A) such term shall include a relationship between a person or entity and a business subscriber subject to the same terms applicable under such section to a relationship between a person or entity and a residential subscriber; and ``(B) an established business relationship shall be subject to any time limitation established pursuant to paragraph (2)(G).''. (c) Required Notice of Opt-Out Opportunity.--Paragraph (2) of section 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraph: ``(D) shall provide that a notice contained in an unsolicited advertisement complies with the requirements under this subparagraph only if-- ``(i) the notice is clear and conspicuous and on the first page of the unsolicited advertisement; ``(ii) the notice states that the recipient may make a request to the sender of the unsolicited advertisement not to send any future unsolicited advertisements to a telephone facsimile machine or machines and that failure to comply, within the shortest reasonable time, as determined by the Commission, with such a request meeting the requirements under subparagraph (E) is unlawful; ``(iii) the notice sets forth the requirements for a request under subparagraph (E); ``(iv) the notice includes-- ``(I) a domestic contact telephone and facsimile machine number for the recipient to transmit such a request to the sender; and ``(II) a cost-free mechanism for a recipient to transmit a request pursuant to such notice to the sender of the unsolicited advertisement; the Commission shall by rule require the sender to provide such a mechanism and may, in the discretion of the Commission and subject to such conditions as the Commission may prescribe, exempt certain classes of small business senders, but only if the Commission determines that the costs to such class are unduly burdensome given the revenues generated by such small businesses; ``(v) the telephone and facsimile machine numbers and the cost-free mechanism set forth pursuant to clause (iv) permit an individual or business to make such a request during regular business hours; and ``(vi) the notice complies with the requirements of subsection (d);''. (d) Request To Opt-Out of Future Unsolicited Advertisements.-- Paragraph (2) of section 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)), as amended by subsection (c) of this section, is further amended by adding at the end the following new subparagraph: ``(E) shall provide, by rule, that a request not to send future unsolicited advertisements to a telephone facsimile machine complies with the requirements under this subparagraph only if-- ``(i) the request identifies the telephone number or numbers of the telephone facsimile machine or machines to which the request relates; ``(ii) the request is made to the telephone or facsimile number of the sender of such an unsolicited advertisement provided pursuant to subparagraph (D)(iv) or by any other method of communication as determined by the Commission; and ``(iii) the person making the request has not, subsequent to such request, provided express invitation or permission to the sender, in writing or otherwise, to send such advertisements to such person at such telephone facsimile machine;''. (e) Authority To Establish Nonprofit Exception.--Paragraph (2) of section 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)), as amended by subsections (c) and (d) of this section, is further amended by adding at the end the following new subparagraph: ``(F) may, in the discretion of the Commission and subject to such conditions as the Commission may prescribe, allow professional or trade associations that are tax-exempt nonprofit organizations to send unsolicited advertisements to their members in furtherance of the association's tax-exempt purpose that do not contain the notice required by paragraph (1)(C)(ii), except that the Commission may take action under this subparagraph only by regulation issued after public notice and opportunity for public comment and only if the Commission determines that such notice required by paragraph (1)(C)(ii) is not necessary to protect the ability of the members of such associations to stop such associations from sending any future unsolicited advertisements; and''. (f) Authority To Establish Time Limit on Established Business Relationship Exception.--Paragraph (2) of section 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)), as amended by subsections (c), (d), and (e) of this section, is further amended by adding at the end the following new subparagraph: ``(G)(i) may, consistent with clause (ii), limit the duration of the existence of an established business relationship to a period not shorter than 5 years and not longer than 7 years after the last occurrence of an action sufficient to establish such a relationship, but only if-- ``(I) the Commission determines that the existence of the exception under paragraph (1)(C) relating to an established business relationship has resulted in a significant number of complaints to the Commission regarding the sending of unsolicited advertisements to telephone facsimile machines; ``(II) upon review of such complaints referred to in subclause (I), the Commission has reason to believe that a significant number of such complaints involve unsolicited advertisements that were sent on the basis of an established business relationship that was longer in duration than the Commission believes is consistent with the reasonable expectations of consumers; ``(III) the Commission determines that the costs to senders of demonstrating the existence of an established business relationship within a specified period of time do not outweigh the benefits to recipients of establishing a limitation on such established business relationship; and ``(IV) the Commission determines that, with respect to small businesses, the costs are not unduly burdensome, given the revenues generated by small businesses, and taking into account the number of specific complaints to the Commission regarding the sending of unsolicited advertisements to telephone facsimile machines by small businesses; and ``(ii) may not commence a proceeding to determine whether to limit the duration of the existence of an established business relationship before the expiration of the 3-year period that begins on the date of the enactment of the Junk Fax Prevention Act of 2004.''. (g) Unsolicited Advertisement.--Paragraph (5) of section 227(a) of the Communications Act of 1934 (47 U.S.C. 227(a)(4)), as so redesignated by subsection (b)(1) of this section, is amended by inserting ``, in writing or otherwise'' before the period at the end. (h) Regulations.--Except as provided in clause (ii) of section 227(b)(2)(G) of the Communications Act of 1934 (as added by subsection (f) of this section), not later than 270 days after the date of the enactment of this Act, the Federal Communications Commission shall issue regulations to implement the amendments made by this section. SEC. 3. FCC ANNUAL REPORT REGARDING JUNK FAX ENFORCEMENT. Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended by adding at the end the following new subsection: ``(g) Junk Fax Enforcement Report.--The Commission shall submit a report to the Congress for each year regarding the enforcement of the provisions of this section relating to sending of unsolicited advertisements to telephone facsimile machines, which shall include the following information: ``(1) The number of complaints received by the Commission during such year alleging that a consumer received an unsolicited advertisement via telephone facsimile machine in violation of the Commission's rules. ``(2) The number of such complaints received during the year on which the Commission has taken action. ``(3) The number of such complaints that remain pending at the end of the year. ``(4) The number of citations issued by the Commission pursuant to section 503 during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines. ``(5) The number of notices of apparent liability issued by the Commission pursuant to section 503 during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines. ``(6) For each such notice-- ``(A) the amount of the proposed forfeiture penalty involved; ``(B) the person to whom the notice was issued; ``(C) the length of time between the date on which the complaint was filed and the date on which the notice was issued; and ``(D) the status of the proceeding. ``(7) The number of final orders imposing forfeiture penalties issued pursuant to section 503 during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines. ``(8) For each such forfeiture order-- ``(A) the amount of the penalty imposed by the order; ``(B) the person to whom the order was issued; ``(C) whether the forfeiture penalty has been paid; and ``(D) the amount paid. ``(9) For each case in which a person has failed to pay a forfeiture penalty imposed by such a final order, whether the Commission referred such matter for recovery of the penalty. ``(10) For each case in which the Commission referred such an order for recovery-- ``(A) the number of days from the date the Commission issued such order to the date of such referral; ``(B) whether an action has been commenced to recover the penalty, and if so, the number of days from the date the Commission referred such order for recovery to the date of such commencement; and ``(C) whether the recovery action resulted in collection of any amount, and if so, the amount collected.''. SEC. 4. GAO STUDY OF JUNK FAX ENFORCEMENT. (a) In General.--The Comptroller General of the United States shall conduct a study regarding complaints received by the Federal Communications Commission concerning unsolicited advertisements sent to telephone facsimile machines, which shall determine-- (1) the mechanisms established by the Commission to receive, investigate, and respond to such complaints; (2) the level of enforcement success achieved by the Commission regarding such complaints; (3) whether complainants to the Commission are adequately informed by the Commission of the responses to their complaints; and (4) whether additional enforcement measures are necessary to protect consumers, including recommendations regarding such additional enforcement measures. (b) Additional Enforcement Remedies.--In conducting the analysis and making the recommendations required under paragraph (7) of subsection (a), the Comptroller General shall specifically examine-- (1) the adequacy of existing statutory enforcement actions available to the Commission; (2) the adequacy of existing statutory enforcement actions and remedies available to consumers; (3) the impact of existing statutory enforcement remedies on senders of facsimiles; (4) whether increasing the amount of financial penalties is warranted to achieve greater deterrent effect; and (5) whether establishing penalties and enforcement actions for repeat violators or abusive violations similar to those established by section 4 of the CAN-SPAM Act of 2003 (15 U.S.C. 7703) would have a greater deterrent effect. (c) Report.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General shall submit a report on the results of the study under this section to Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. Passed the House of Representatives July 20, 2004. Attest: JEFF TRANDAHL, Clerk.

Junk Fax Prevention Act of 2004 - Amends the Communications Act of 1934 to prohibit a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement, unless the advertisement: (1) is from a sender with an established business relationship with the recipient; and (2) contains a notice on its first page that the recipient may request not to be sent any future unsolicited advertisements, and that failure to comply with such request is unlawful. Requires such notice to include a domestic contact telephone and fax machine number for the recipient to transmit such a request, as well as a cost-free mechanism for sending the request. Requires the Federal Communications Commission (FCC) to provide that a request not to send unsolicited advertisements complies with FCC requirements if: (1) the request identifies the recipient fax number to which the request relates; (2) the request is made to the telephone or fax number of the sender; and (3) the person making the request has not subsequently provided express invitation or permission to the sender to have such advertisements sent. Authorizes the FCC to allow tax-exempt, nonprofit professional or trade associations to send unsolicited advertisements to their members in furtherance of professional or association purposes. Authorizes the FCC, upon determining a significant number of complaints involving unsolicited fax advertisements, to limit the duration of the existence of an "established business relationship" exemption to a period not shorter than five and not longer than seven years after the last occurrence of an action sufficient to establish such relationship. Requires the: (1) FCC to report annually to Congress on the enforcement of the above requirements; and (2) Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines.

To amend section 227 of the Communications Act of 1934 to clarify the prohibition on junk fax transmissions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Fraud Accountability Act of 2002''. SEC. 2. HIGHER MAXIMUM PENALTIES FOR MAIL AND WIRE FRAUD. (a) Mail Fraud.--Section 1341 of title 18, United 5 States Code, is amended by striking ``five'' and inserting ``20''. (b) Wire Fraud.--Section 1343 of title 18, United States Code, is amended by striking ``five'' and inserting ``20''. (c) Securities Fraud.--Chapter 63 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1348. Securities fraud ``Whoever knowingly executes a scheme or artifice-- ``(1) to defraud any person in connection with any security registered under section 12 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78l, 78o(d)) or section 6 of the Securities Act of 1933 (15 U.S.C. 77f); or ``(2) to obtain, by means of false or fraudulent pretenses, representations, or promises, any money or property in connection with the purchase or sale of any security registered under section 12 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78l, 78o(d)) or section 6 of the Securities Act of 1933 (15 U.S.C. 77f), shall be fined under this title, or imprisoned not more than 25 years, or both.''. (d) Clerical Amendment.--The table of sections at the beginning of chapter 63 of title 18, United States Code, is amended by adding at the end the following: ``1348. Securities fraud.''. SEC. 3. TAMPERING WITH A RECORD OR OTHERWISE IMPEDING AN OFFICIAL PROCEEDING. Section 1512 of title 18, United States Code, is amended-- (1) by redesignating subsections (c) through (i) as subsections (d) through (j), respectively; and (2) by inserting after subsection (b) the following new subsection: ``(c) Whoever corruptly-- ``(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object's integrity or availability for use in an official proceeding; or ``(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.''. SEC. 4. AMENDMENT TO THE FEDERAL SENTENCING GUIDELINES. (a) Request for Immediate Consideration by The United States Sentencing Commission.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission is requested to-- (1) promptly review the sentencing guidelines applicable to securities and accounting fraud and related offenses; (2) expeditiously consider the promulgation of new sentencing guidelines or amendments to existing sentencing guidelines to provide an enhancement for officers or directors of publicly traded corporations who commit fraud and related offenses; and (3) submit to Congress an explanation of actions taken by the Sentencing Commission pursuant to paragraph (2) and any additional policy recommendations the Sentencing Commission may have for combating offenses described in paragraph (1). (b) Considerations in Review.--In carrying out this section, the Sentencing Commission is requested to-- (1) ensure that the sentencing guidelines and policy statements reflect the serious nature of securities, pension, and accounting fraud and the need for aggressive and appropriate law enforcement action to prevent such offenses; (2) assure reasonable consistency with other relevant directives and with other guidelines; (3) account for any aggravating of mitigating circumstances that might justify exceptions, including circumstances for which the sentencing guidelines currently provide sentencing enhancements; (4) ensure that guideline offense levels and enhancements for an obstruction of justice offense are adequate in cases where documents or other physical evidence are actually destroyed or fabricated; (5) ensure that the guideline offense levels and enhancements under United States Sentencing Guideline 2B1.1 (as in effect on the date of enactment of this Act) are sufficient for a fraud offense when the number of victims adversely involved is significantly greater than 50; (6) make any necessary conforming changes to the sentencing guidelines; and (7) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553 (a)(2) of title 18, United States Code. (c) Emergency Authority and Deadline For Commission Action.--The United States Sentencing Commission is requested to promulgate the guidelines or amendments provided for under this sections as soon as practicable, and in any event not later than the 120 days after the date of enactment of this Act, in accordance with the procedures sent forth in section 21(a) of the Sentencing Reform Act of 1987, as though the authority under that Act had not expired. SEC. 5. DEBTS NONDISCHARGEABLE IF INCURRED IN VIOLATION OF SECURITIES FRAUD LAWS. Section 523(a) of title 11, United States Code, is amended-- (1) in paragraph (17), by striking ``or'' after the semicolon; (2) in paragraph (18), by striking the period at the end and inserting ``; or''; and (3) by adding at the end, the following: ``(19) that-- ``(A) is a claim for-- ``(i) the violation of any of the Federal securities laws (as that term is defined in section 3(a)(47) of the Securities Exchange Act of 1934), any of the State securities laws, or any regulation or order issued under such Federal or State securities laws; or ``(ii) common law fraud, deceit, or manipulation in connection with the purchase or sale of any security; and ``(B) results, in relation to any claim described in subparagraph (A), from-- ``(i) any judgment, order, consent order, or decree entered in any Federal or State judicial or administrative proceeding; ``(ii) any settlement agreement entered into by the debtor; or ``(iii) any court or administrative order for any damages, fine, penalty, citation, restitutionary payment, disgorgement payment, attorney fee, cost, or other payment owed by the debtor.''. SEC. 6. CORPORATE RESPONSIBILITY FOR FINANCIAL REPORTS. (a) In General.--Chapter 63 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1349. Failure of corporate officers to certify financial reports ``(a) Certification of Periodic Financial Reports.--Each periodic report containing financial statements filed by an issuer with the Securities Exchange Commission pursuant to section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)) shall be accompanied by a written statement by the chairman of the board, chief executive officer, and chief financial officer (or equivalent thereof) of the issuer. ``(b) Content.--The statement required under subsection (a) shall certify that those financial statements fairly and accurately represent, in all material respects, the operations and financial condition of the issuer. ``(c) Criminal Penalties.--Whoever-- ``(1) knowingly violates this section shall be fined not more than $1,000,000, or imprisoned not more than 10 years, or both; or ``(2) willfully violates this section shall be fined not more than $5,000,000, or imprisoned not more than 20 years, or both.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 63 of title 18, United States Code, is amended by adding at the end the following: ``1349. Failure of corporate officers to certify financial reports.''. SEC. 7. ATTEMPTS AND CONSPIRACIES TO COMMIT CRIMINAL OFFENSES. (a) In General.--Chapter 1 of title 18, United States Code, is amended by inserting before section 2 the following: ``Sec. 1. Attempt and conspiracy ``Any person who attempts or conspires to commit any offense against the United States shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy. (b) Clerical Amendment.--The table of sections at the beginning of title 18, United States Code, is amended so that the item relating to section 1 reads as follows: ``1. Attempt and conspiracy.''. SEC. 8. INCREASED CRIMINAL PENALTIES UNDER SECURITIES EXCHANGE ACT OF 1934. Section 32(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78ff(a)) is amended-- (1) by striking ``$1,000,000, or imprisoned not more than 10 years'' and inserting ``$5,000,000, or imprisoned not more than 20 years''; and (2) by striking ``$2,500,000'' and inserting ``$25,000,000''. SEC. 9. TEMPORARY FREEZE AUTHORITY FOR THE SECURITIES AND EXCHANGE COMMISSION. (a) In General.--Section 21C(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-3(c)) is amended by adding at the end the following: ``(3) Temporary freeze.-- ``(A) In general.-- ``(i) Issuance of temporary order.-- Whenever, during the course of a lawful investigation involving possible violations of the Federal securities laws by an issuer of publicly traded securities or any of its directors, officers, partners, controling persons, agents, or employees, it shall appear to the Commission that it is likely that the issuer will make extraordinary payments (whether compensation of otherwise) to any of the foregoing persons, the Commission may petition a Federal district court for a temporary order requiring the issuer to escrow, subject to court supervision, those payments in an interest-bearing account for 45 days. ``(ii) Standard.--A temporary order shall be entered under clause (i), only after notice and opportunity for a hearing, unless the court determines that notice and hearing prior to entry of the order would be impracticable or contrary to the public interest. ``(iii) Effective period.--A temporary order issued under clause (i) shall-- ``(I) become effective immediately; ``(II) be served upon the parties subject to it; and ``(III) unless set aside, limited or suspended by a court of competent jurisdiction, shall remain effective and enforceable for 45 days. ``(iv) Extensions authorized.--The effective period of an order under this subparagraph may be extended by the court upon good cause shown for not longer than 45 additional days, provided that the combined period of the order shall not exceed 90 days. ``(B) Process on Determination of violations.-- ``(i) Violations charged.--If the issuer or other person described in subparagraph (A) is charged with any violation of the Federal securities laws before the expiration of the effective period of a temporary order under subparagraph (A) (including any applicable extension period), the order shall remain in effect, subject to court approval, until the conclusion of any legal proceedings related thereto, and the affected issuer or other person, shall have the right to petition the court for review of the order. ``(ii) Violations not charged.--If the issuer or other person described in subparagraph (A) is not charged with any violation of the Federal securities laws before the expiration of the effective period of a temporary order under subparagraph (A) (including any applicable extension period), the escrow shall terminate at the expiration of the 45-day effective period (or the expiration of any extension period, as applicable), and the disputed payments (with accrued interest) shall be returned to the issuer or other affected person.''. (b) Technical Amendment.--Section 21C(c)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-3(c)(2)) is amended by striking ``This'' and inserting ``paragraph (1)''. SEC. 10. AUTHORITY OF THE COMMISSION TO PROHIBIT PERSONS FROM SERVING AS OFFICERS OR DIRECTORS. (a) Securities Exchange Act of 1934.--Section 21C of the Securities Exchange Act of 1934 (15 U.S.C. 78u-3) is amended by adding at the end the following: ``(f) Authority of the Commission to Prohibit Persons From Serving as Officers or Directors.--In any cease-and-desist proceeding under subsection (a), the Commission may issue an order to prohibit, conditionally or unconditionally, and permanently or for such period of time as it shall determine, any person who has violated section 10(b) or the rules or regulations thereunder, from acting as an officer or director of any issuer that has a class of securities registered pursuant to section, or that is required to file reports pursuant to section (d), if the conduct of that person demonstrates unfitness to serve as an officer or director of any such issuer.''. (b) Securities Act of 1933.--Section 8A of the Securities Act of 1933 (15 U.S.C. 77h-1) is amended by adding at the end of the following: ``(f) Authority of the Commission to Prohibit Persons From Serving as Officers or Directors.--In any cease-and-desist proceeding under subsection (a), the Commission may issue an order to prohibit, conditionally or unconditionally, and permanently or for such period of time as it shall determine, any person who has violated section 17(a)(1) or the rules or regulations thereunder, from acting as an officer or director of any issuer that has a class of securities registered pursuant to section of the Securities Exchange Act of 1934, or that is required to file reports pursuant to section 15(d) of that Act, if the conduct of that person demonstrates unfitness to serve as an officer or director of any such issuer.''. SEC. 11. RETALIATION AGAINST INFORMANT. (a) In General.--Section 1513 of title 18, United States Code, is amended by adding at the end the following: ``(e) Whoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both.''. Passed the House of Representatives July 16, 2002. Attest: JEFF TRANDAHL, Clerk.

Corporate Fraud Accountability Act of 2002 - Amends Federal criminal law to: (1) increase the maximum penalties for mail fraud and for wire fraud; and (2) establish criminal penalties for knowing perpetration of securities fraud and for tampering with a record or otherwise impeding an official proceeding.(Sec. 4) Requests the United States Sentencing Commission to: (1) promptly review sentencing guidelines applicable to securities and accounting fraud; and (2) expeditiously consider promulgation of new sentencing guidelines to provide an enhancement for officers of directors of publicly traded corporations who commit fraud and related offenses. Prescribes guidelines for Commission consideration, including a request that it ensure that the sentencing guidelines and policy statements reflect the serious nature of securities, pension, and accounting fraud and the need for aggressive and appropriate law enforcement action to prevent such offenses. Sets a deadline for promulgation of such guidelines.(Sec. 5) Amends Federal bankruptcy law to declare nondischargeable in bankruptcy debts that have been incurred in violation of Federal or State laws governing securities fraud, deceit, or manipulation.(Sec. 6) Amends Federal criminal law to mandate that senior corporate officers certify in writing that financial statements fairly and accurately represent in all material aspects the operations and financial condition of the issuer.Subjects senior corporate officers to criminal liability for violations of this requirement, including: (1) maximum imprisonment of ten years for knowingly violating financial report requirements; and (2) maximum imprisonment of 20 years for willfully violating such requirements.(Sec. 7) Subjects any attempt or conspiracy to commit any offense against the United States to the same penalties as those prescribed for the offense.(Sec. 8) Amends the Securities Exchange Act of 1934 to: (1) increase criminal penalties for violations; and (2) authorize the Securities and Exchange Commission (SEC) to seek a temporary injunction to freeze extraordinary payments earmarked for designated persons or corporate staff under investigation for possible violations of Federal securities laws.(Sec. 10) Amends the Securities Exchange Act of 1934 and the Securities Act of 1933 to authorize the SEC to prohibit violators of certain provisions from serving as officers or directors of a publicly traded corporation.(Sec. 11) Amends Federal criminal law to establish criminal penalties for intentional retaliation against any person who has provided information to a law enforcement officer regarding the commission of a Federal offense.

To provide for enhanced penalties for accounting and auditing improprieties at publicly traded companies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pan Am Flight 103 Accountability Act of 2011''. SEC. 2. INVESTIGATION OF TERRORIST ATTACKS AGAINST THE UNITED STATES ATTRIBUTABLE TO THE GOVERNMENT OF MUAMMAR QADDAFI. (a) Continuing Investigation.-- (1) In general.--The President shall continue any investigative activities of any Federal agencies with regard to the bombing of Pan Am flight 103 and any other terrorist attacks attributable to the government of Muammar Qaddafi against United States citizens, with the goal of determining the identities of the individuals responsible for the attacks and bringing such individuals to justice. (2) Cooperation.-- (A) In general.--The President shall urge the Transitional National Council and any successor government of Libya to cooperate with and participate in the investigative activities described in paragraph (1). (B) Consideration of cooperation in assistance decisions.--The President shall consider the cooperation by the Transitional National Council and any successor government of Libya with respect to the investigative activities described in paragraph (1) when making decisions about the provision of United States assistance to the successor government. (b) Restriction on Availability of Frozen Assets.-- (1) Limitation.--Except as provided in paragraph (2), the President may not distribute property confiscated from Muammar Qaddafi, his family, and the Government of Libya to the Transitional National Council or any successor government of Libya until the President certifies to Congress that the Transitional National Council or successor government is fully cooperating with requests for information and ongoing investigations related to the bombing of Pan Am flight 103 and any other terrorist attacks attributable to the government of Muammar Qaddafi against United States citizens. (2) Exception for humanitarian assistance.--The restriction in paragraph (1) does not apply to the distribution of property for humanitarian purposes. (3) National security waiver.--The President may waive the restriction in paragraph (1) upon certifying to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives that the provision of confiscated assets to the Transitional National Council or any successor government of Libya is in the national security interest of the United States. (c) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to Congress a report on investigative activities described in subsection (a), including the following elements: (A) A description of efforts by the President to ascertain information through all available channels, including inquiries with members of the Transitional National Council and any successor government of Libya, about the bombing of Pan Am flight 103 and other terrorist attacks attributable to the government of Muammar Qaddafi against United States citizens, with the goal of determining the identities of persons who have knowledge about such attacks or were involved in the planning, execution, or cover-up of the attacks. (B) An assessment of the cooperation of the Transitional National Council and any successor government of Libya in ascertaining such information and in facilitating access to necessary persons and documents related to the bombing of Pan Am flight 103 and other terrorist attacks attributable to the government of Muammar Qaddafi against United States citizens. (2) Form.--The report required under paragraph (1) shall be unclassified, but may contain a classified annex. (3) Sunset.--The reporting requirement under paragraph (1) shall terminate upon a certification by the President to Congress that the Transitional National Council or any successor government of Libya has made available all relevant information about the bombing of Pan Am Flight 103 and other terrorist attacks attributable to the government of Muammar Qaddafi against United States citizens.

Pan Am Flight 103 Accountability Act of 2011 - Directs the President to continue any federal investigative activities regarding the bombing of Pan Am flight 103 and any other terrorist attacks against U.S. citizens attributable to the government of Muammar Qaddafi. Directs the President to: (1) urge the Transitional National Council (TNC) and any successor government of Libya to cooperate with such investigative activities, and (2) consider such cooperation when making decisions about U.S. assistance to the successor government. Prohibits the President from distributing property confiscated from Muammar Qaddafi, his family, and the government of Libya to the TNC or any successor government of Libya until the President certifies to Congress that the TNC or successor government is cooperating with such investigative activities. Exempts property distributions for humanitarian purposes from such restriction. Authorizes the President to waive such restriction if in the U.S. national interest.

A bill to ensure the continued investigation of terrorist attacks against the United States attributable to the government of Muammar Qaddafi.

SECTION 1. REIMBURSEMENT FOR ADOPTION EXPENSES. (a) In General.--Subpart G of part III of title 5, United States Code, is amended by adding at the end the following: ``CHAPTER 90--MISCELLANEOUS EMPLOYEE BENEFITS ``9001. Adoption benefits. ``Sec. 9001. Adoption benefits ``(a) For the purpose of this section-- ``(1) the term `agency' means-- ``(A) an Executive agency; ``(B) an agency in the judicial branch; and ``(C) an agency in the legislative branch (other than any included under subparagraph (A)); ``(2) the term `employee' does not include any individual who, pursuant to the exercise of any authority under section 8913(b), is excluded from participating in the health insurance program under chapter 89; and ``(3) the term `adoption expenses', as used with respect to a child, means any reasonable and necessary expenses directly relating to the adoption of such child, including-- ``(A) fees charged by an adoption agency; ``(B) placement fees; ``(C) legal fees; ``(D) counseling fees; ``(E) medical expenses, including those relating to obstetrical care for the biological mother, medical care for the child, and physical examinations for the adopting parent or parents; ``(F) foster-care charges; and ``(G) transportation expenses. ``(b) The head of each agency shall by regulation establish a program under which any employee of such agency who adopts a child shall be reimbursed for any adoption expenses incurred by such employee in the adoption of such child. ``(c) Under the regulations, reimbursement may be provided only-- ``(1) after the adoption becomes final, as determined under the laws of the jurisdiction governing the adoption; ``(2) if, at the time the adoption becomes final, the child is under 18 years of age and unmarried; and ``(3) if appropriate written application is filed within such time, complete with such information, and otherwise in accordance with such procedures as may be required. ``(d)(1) Reimbursement for an employee under this section with respect to any particular child-- ``(A) shall be payable only if, or to the extent that, similar benefits paid (or payable) under one or more programs established under State law or another Federal statute have not met (or would not meet) the full amount of the adoption expenses incurred; and ``(B) may not exceed $2,000. ``(2)(A) In any case in which both adopting parents are employees eligible for reimbursement under this section, each parent shall be eligible for an amount determined in accordance with paragraph (1), except as provided in subparagraph (B). ``(B) No amount shall be payable under this section if, or to the extent that, payment of such amount would cause the sum of the total amount payable to the adoptive parents under this section, and the total amount paid (or payable) to them under any program or programs referred to in paragraph (1)(A), to exceed the lesser of-- ``(i) the total adoption expenses incurred; or ``(ii) $4,000. ``(3) The guidelines issued under subsection (g) shall include provisions relating to interagency cooperation and other appropriate measures to carry out this subsection. ``(e) Any amount payable under this section shall be paid from the appropriation or fund used to pay the employee involved. ``(f) An application for reimbursement under this section may not be denied based on the marital status of the individual applying. ``(g)(1) The Office of Personnel Management may issue any general guidelines which the Office considers necessary to promote the uniform administration of this section. ``(2) The regulations prescribed by the head of each Executive agency under this section shall be consistent with any guidelines issued under paragraph (1). ``(3) Upon the request of any agency, the Office may provide consulting, technical, and any other similar assistance necessary to carry out this section.''. (b) Conforming Amendments.--(1) The heading of subpart G of part III of title 5, United States Code, is amended to read as follows: ``SUBPART G--ANNUITIES, INSURANCE, AND MISCELLANEOUS BENEFITS''. (2) The analysis for part III of title 5, United States Code, is amended-- (A) by striking the item relating to subpart G and inserting in lieu thereof the following: ``SUBPART G--ANNUITIES, INSURANCE, AND MISCELLANEOUS BENEFITS''; and (B) by adding after the item relating to chapter 89 the following: ``90. Miscellaneous Employee Benefits....................... 9001''. SEC. 2. APPLICABILITY TO POSTAL EMPLOYEES. Section 1005 of title 39, United States Code, is amended by adding at the end the following: ``(g) Section 9001 of title 5 shall apply to the Postal Service. Regulations prescribed by the Postal Service to carry out this subsection shall be consistent with any guidelines issued under subsection (g)(1) of such section.''. SEC. 3. EFFECTIVE DATE. This Act shall take effect on October 1, 1993, and shall apply with respect to any adoption which becomes final (determined in the manner described in section 9001(c)(1) of title 5, United States Code, as added by this Act) on or after that date.

Requires the head of each Federal agency (including the U.S. Postal Service) to establish a program under which agency employees shall, under certain circumstances, be reimbursed for expenses incurred in the adoption of a child. Prohibits the denial of a reimbursement from being based on the applicant's marital status.

To amend title 5, United States Code, to provide for the reimbursement of expenses incurred by a Federal employee in the adoption of a child.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Security Council Sanctions Enforcement Act''. SEC. 2. COUNTRIES VIOLATING UNITED NATIONS SANCTIONS. (a) Determination.-- (1) Imposition of sanctions.--If the President determines that the government of any foreign country is materially violating United Nations sanctions, the President shall impose the sanctions described in subsection (b) with respect to that country so long as such violation continues, except as otherwise provided in subsection (c)(2) and subsection (d). (2) Publication of determination.--Any determination under this subsection shall be published in the Federal Register. (b) Sanctions.--The sanctions to be imposed with respect to a country pursuant to subsection (a) are as follows: (1) Foreign assistance.--The United States Government shall terminate assistance to that country under the Foreign Assistance Act of 1961, except for assistance involving the provision of food and other humanitarian assistance. (2) Military assistance.--The United States Government shall terminate all foreign military financing for that country under the Arms Export Control Act. (3) Arms sales.--The United States Government shall terminate-- (A) sales to that country under the Arms Export Control Act of any defense article, defense service, or design and construction service, and (B) licenses for the export to that country of any item on the United States Munitions List. (4) Multilateral assistance.--The United States Government shall oppose the extension by any international financial institution of any loan or other financial or technical assistance to that country, except for assistance directed specifically to programs which serve the basic human needs of the people of that country. (5) Financial assistance.--The United States Government shall deny to that country any credit, credit guarantee, or other financial assistance by any department, agency, or instrumentality of the Government, except that this paragraph does not apply to-- (A) food or other humanitarian assistance, or (B) any transaction subject to the reporting requirements of title V of the National Security Act of 1947 (relating to congressional oversight of intelligence activities). (6) Commercial credit.--The United States Government shall prohibit any United States depository institution (as defined in section 19(b) of the Federal Reserve Act) from making any loan or providing any credit to the government of that country, except for loans or credits for the purpose of purchasing food or other humanitarian items. (7) Exports.--The United States Government shall prohibit exports to that country of such goods and technology as the President may specify, except that-- (A) section 6(g) of the Export Administration Act of 1979 applies with respect to export controls pursuant to this paragraph, and (B) any prohibition under this paragraph shall not apply with respect to any transaction subject to the reporting requirements of title V of the National Security Act of 1947 (relating to congressional oversight of intelligence activities). (8) Imports.--The United States Government shall prohibit the entry into the customs territory of the United States of such articles as the President may specify that are growth, product, or manufacture of that country. (c) Consultation With and Actions by Foreign Government.-- (1) Consultations.--If the President makes a determination described in subsection (a) with respect to the government of a foreign country, the Congress urges the President to initiate consultations immediately with that government to encourage it to comply with the United Nations sanctions with respect to which that determination was made. (2) Actions by a foreign government.--In order to pursue such consultations, the President may delay imposition of sanctions pursuant to this section for up to 30 days. Following these consultations, the President shall impose sanctions unless the President determines and certifies to the Congress that that government has taken specific and effective actions to comply with the United Nations sanctions with respect to which the President made the determination under subsection (a). If the President determines and certifies to the Congress that that government is in the process of taking such actions, the President may delay the imposition of sanctions for up to an additional 30 days. (3) Report to congress.--Not later than 30 days after making a determination with respect to the government of a foreign country under subsection (a), the President shall submit to the Congress a report on the status of consultations pursuant to this subsection and on the basis for any determination under paragraph (2) of this subsection that such government has taken specific corrective actions. (d) Waiver.--A sanction which is required to be imposed against a country under subsection (b) shall not apply if the President determines and certifies to the Congress that the application of that sanction against such country would have a serious adverse effect on vital United States interests. The President shall transmit with such certification a statement setting forth the specific reasons for the President's determination. SEC. 3. PERSONS VIOLATING UNITED NATIONS SANCTIONS. (a) Determination.-- (1) Imposition of sanctions.--If the President determines that a person is materially violating United Nations sanctions, the President shall impose the sanctions described in subsection (c) on each sanctioned person for a period of 2 years, except as otherwise provided in subsection (d)(2) and subsection (e). (2) Publication of determination.--Any determination under this subsection shall be published in the Federal Register. (b) Advisory Opinions.--Upon the request of any person, the President may issue a written advisory opinion to that person as to whether a proposed activity by that person would subject that person to sanctions under this section. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, shall not be made subject to such sanctions solely on account of such activity. (c) Sanctions.-- (1) In general.--The sanctions to be imposed pursuant to subsection (a) are as follows: (A) The United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from a sanctioned person. (B) The United States Government shall not issue any license for any export by or to a sanctioned person. (C) The United States Government shall prohibit the entry into the customs territory of the United States of all articles that are growth, product, or manufacture of a sanctioned person. (2) Exceptions.--The President shall not be required to apply or maintain sanctions under this section with respect to the following: (A) Procurement or importation of defense articles or defense services-- (i) if the procurement or importation is under an existing contract or subcontract, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States; (ii) if the President determines that the sanctioned person is a sole source supplier of such articles or services, that such articles or services are essential, and that alternative sources are not readily or reasonably available; or (iii) if the President determines that such articles or services are essential to the national security under defense coproduction agreements. (B) Procurement or importation of spare parts or component parts (but not finished products) which are essential to United States products or production. (C) Procurement of routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available. (D) Procurement of, or importation of articles containing, information and technology essential to United States products or production. (E) Procurement, exports, or imports of products or services provided under contracts entered into before the date on which the President's determination is published in the Federal Register pursuant to subsection (a)(2). (F) Procurement, exports, or imports of food or other humanitarian items. (d) Consultation With and Actions by Foreign Government of Jurisdiction.-- (1) Consultations.--If the President makes a determination described in subsection (a) with respect to a foreign person, the Congress urges the President to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of sanctions pursuant to this section. (2) Actions by government of jurisdiction.--In order to pursue such consultations with that government, the President may delay imposition of sanctions pursuant to this section for up to 90 days. Following these consultations, the President shall impose sanctions unless the President determines and certifies to the Congress that that government has taken specific and effective actions, including appropriate penalties, to terminate the involvement of the foreign person in the violations described in subsection (a). If the President determines and certifies to the Congress that that government is in the process of taking such actions, the President may delay the imposition of sanctions for up to an additional 90 days. (3) Report to congress.--Not later than 90 days after making a determination under subsection (a), the President shall submit to the Congress a report on the status of consultations with the appropriate government under this subsection and on the basis for any determination under paragraph (2) of this subsection that such government has taken specific corrective actions. (e) Waiver.-- (1) Criterion for waiver.--After the end of the 12-month period beginning on the date on which a sanction is imposed on a sanctioned person under this section, the President may waive the application of that sanction with respect to that person if the President determines and certifies to the Congress that the continued imposition of that sanction with respect to that person would have a serious adverse effect on vital United States interests. (2) Notification of and report to congress.--If the President decides to exercise the waiver authority provided in paragraph (1), the President shall so notify the Congress not less than 30 days before the waiver takes effect. Such notification shall include a report fully articulating the rationale and circumstances which led the President to exercise the waiver authority. SEC. 4. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Sanctioned person.--The term ``sanctioned person'' means-- (A) the person with respect to which the President makes the determination described in section 3(a); (B) any successor entity to that person; (C) any person that is a parent or subsidiary of that person if that parent or subsidiary materially and with requisite knowledge assisted in the activities which were the basis of that determination; and (D) any person that is an affiliate of that person if that affiliate materially and with requisite knowledge assisted in the activities which were the basis of that determination and if that affiliate is controlled in fact by that person. (2) United nations sanctions.--The term ``United Nations sanctions'' means measures that members of the United Nations have been called upon to apply by the United Nations Security Council, acting under article 41 of the Charter of the United Nations, in order to enforce decisions of the Security Council. (3) Violating united nations sanctions.--The term ``violating United Nations sanctions''-- (A) in the case of the government of a foreign country, means failing to apply measures called for by the United Nations Security Council; and (B) in the case of person, means engaging in activities that are prohibited under United Nations sanctions, without regard to whether the foreign government with primary jurisdiction over those activities has applied the measures called for by the United Nations Security Council. SEC. 5. EFFECTIVE DATE. This Act applies with respect to violations of United Nations sanctions that occur on or after the date of enactment of this Act.

United Nations Security Council Sanctions Enforcement Act - Requires the President, if he determines that the government of any foreign country is materially violating United Nations sanctions, to: (1) terminate U.S. foreign assistance to the country, except for food or humanitarian assistance; (2) terminate foreign military financing, sales of defense articles or services, and issuance of licenses for exports of items on the United States Munitions List with respect to the country; (3) oppose international financial institution lending for the country, except assistance to serve basic human needs; (4) deny the country U.S. Government or commercial credit or other financial assistance, with exceptions; (5) prohibit exports of specified goods and technology to the country, with exceptions; and (6) prohibit imports of such country into the United States. Authorizes the President to delay sanctions upon certification to the Congress that a country is taking actions to comply with United Nations sanctions. Provides for waivers of sanctions if a sanction would have an adverse effect on U.S. interests. Requires the President, if he determines that a person is materially violating United Nations sanctions, to prohibit: (1) procurement of goods and services from such person; (2) the issuance of an export license by or to a sanctioned person; and (3) the entry into U.S. customs territory of articles that are the growth, product, or manufacture of a sanctioned person. Exempts the procurement or importation of specified defense articles or services, spare or component parts, essential articles, or humanitarian items from sanctions. Authorizes the President to delay or waive sanctions against a foreign person under the same conditions that apply to foreign countries. Includes within the definition of a "sanctioned person" any successor entity to the person or any affiliate, parent, or subsidiary if they assisted in activities which were the basis of determination under this Act.

United Nations Security Council Sanctions Enforcement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Childcare Accountability and Responsibility Act of 2012'' or the ``CARE for Kids Act of 2012''. SEC. 2. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK. The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting after section 658G the following new section: ``SEC. 658H. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK. ``(a) Criminal Background Check.-- ``(1) Requirement of a criminal background check.--A State and national criminal background check for an individual who is a child care staff member, a family child care provider, or an adult who resides in the home of a family child care provider is required in any State that receives funds under this subchapter. The criminal background check of such individual shall include-- ``(A) a search of the National Sex Offender Registry established pursuant to the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); ``(B) a search of the National Crime Information Center; ``(C) a search of the State criminal registry or repository in the State in which the individual resides and each State where such individual previously resided; ``(D) a search of State-based abuse and neglect registries and databases, including the abuse and neglect registries and databases of each State where the individual previously resided; and ``(E) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System. ``(2) Ineligibility.--A child care provider or family child care provider shall be ineligible for funds provided under this subchapter if a criminal background check of a child care staff member, a family child care provider, or an adult permitted to reside in such a family child care provider's private residence reveals an adult felony conviction for-- ``(A) child abuse or neglect; ``(B) spousal abuse; ``(C) a crime against children (including child pornography); ``(D) a violent crime, including-- ``(i) physical assault or battery; ``(ii) rape; ``(iii) sexual assault; or ``(iv) homicide; or ``(E) distribution of, possession with intent to distribute, or importation of a controlled substance committed within 5 years prior to submission to a criminal background check. ``(3) Submittal of requests.--Subject to paragraph (4), a child care provider or a family child care provider shall submit a request for a State and national criminal background check to the appropriate State agency designated by the State-- ``(A) with respect to an individual who became a child care staff member or family child care provider, or an adult who began to reside in the private residence of such a provider, before the date of the enactment of the Child Care Accountability and Responsibility Act of 2012-- ``(i) not later than the date under subsection (b) in which a State implements the requirements of this section; and ``(ii) during each 5-year period following the first submission date under this subparagraph for such staff member, family provider, or adult; and ``(B) with respect to an individual who is a prospective child care staff member or family child care provider, or an adult who begins to reside in the private residence of such a provider, on or after the date of the enactment of such Act-- ``(i) prior to the date the individual becomes a child care staff member, a family child care provider, or such adult begins to reside in such residence; and ``(ii) during each 5-year period following the first submission date under this subparagraph for such staff member, family provider, or adult. ``(4) Limitation on requests.--Not more than 1 request for a State and national criminal background check under paragraph (3) is required for any child care staff member, family child care provider, or adult who resides in the private residence of such provider, for each 5-year period described in such paragraph. ``(5) Results.-- ``(A) In general.--Not later than 10 business days after the date on which a request under this section is made for a State and national criminal background check and is received by the appropriate State agency, such agency shall provide the results of the criminal background check to the individual or entity that made such a request. ``(B) Copy of background check.--A State shall provide to a child care provider or an individual subject to a background check under this section, upon request, a copy of the criminal background check conducted pursuant to this section. ``(6) Accuracy of information.--A State shall reasonably attempt to insure that the information included in the background check conducted pursuant to this section is accurate and complete by-- ``(A) obtaining dispositions of arrests that occurred more than 1 year prior to the date that such background check was requested; ``(B) correcting information included that it knows, or reasonably should know, is inaccurate; ``(C) completing incomplete entries, if possible; and ``(D) taking any other steps that would improve upon the accuracy or such information. ``(7) Appeals.-- ``(A) In general.--Not later than 30 days after receipt of the results of a criminal background check conducted pursuant to this section, a child care provider or an individual subject to a background check under this section may appeal such results to the appropriate State agency designated by the State. ``(B) Final ruling by a state.--Not later than 30 days after an appeal is made under subparagraph (A), a State shall-- ``(i) make a determination on the eligibility or ineligibility of the individual; ``(ii) provide the individual with specific findings with respect to the appeal; ``(iii) if possible, promptly make any changes to the individual's criminal record, if any information was inaccurate or incomplete; and ``(iv) report those changes to the individual who requested such appeal. ``(8) Fees.--To defray the costs of carrying out the duties described in this subsection, a State may collect one fee per criminal background check from a child care provider or family child care provider in an amount not to exceed the actual costs to the State for the administration of all required criminal background checks, and such fee for all required criminal background checks may not exceed a total of $36. ``(b) State Compliance.-- ``(1) Time limitation.--A State shall implement the requirements of this section not later than 3 years after the date of the enactment of the Childcare Accountability and Responsibility Act of 2012. ``(2) Extension of time.--The Secretary may grant an extension to the date described in paragraph (1), not longer than 2 years, to a State that makes a good faith effort to satisfy the requirements of this section. ``(c) Definitions.--In this section: ``(1) Adult.--The term `adult' means a person who has attained 18 years of age. ``(2) Child care provider.--The term `child care provider' means a center-based child care provider, a group home child care provider, or other provider of child care services for compensation and on a regular basis (other than a family child care provider) that-- ``(A) is not an individual who is related to all children for whom child care services are provided; and ``(B) is licensed, regulated, or registered under State law or receives funds provided under this subchapter. ``(3) Child care staff member.--The term `child care staff member' means an individual that provides child care services for compensation and on a regular basis (other than an individual who is related to the child or children for whom services are provided), regardless of whether the services are provided for a child care provider or a family child care provider. ``(4) Family child care provider.--The term `family child care provider' means one individual who-- ``(A) provides child care services for fewer than 24 hours per day, as the sole caregiver, in a private residence; ``(B) is not an individual who is related to all children for whom child care services are provided; and ``(C) is licensed, regulated, or registered under State law or receives funds provided under this subchapter. ``(d) Authorization of Appropriations To Conduct Criminal Background Checks.--There are authorized to be appropriated such sums as necessary to offset the administrative costs to conduct State and national criminal background checks under this section.''.

Childcare Accountability and Responsibility Act of 2012 or the CARE for Kids Act of 2012 - Amends the Child Care and Development Block Grant Act of 1990 to require a national criminal background check for an individual who is a child care staff member, a family child care provider, or an adult who resides in the home of a family child care provider in any state that receives funds from the Child Care and Development Block Grant Program. Requires that such background check include: (1) a search of the national Sex Offender Registry, the National Crime Information Center, state criminal registries, and state-based abuse and neglect registries and databases; and (2) a Federal Bureau of Investigation (FBI) fingerprint check. Makes a child care provider ineligible for Program funds if the criminal background check reveals an adult felony conviction of any such individual for: (1) child abuse or neglect; (2) spousal abuse; (3) a crime against children (including child pornography); (4) a violent crime; or (5) distribution, possession with intent to distribute, or importation of a controlled substance committed within the previous five years. Allows: (1) a child care provider or an individual subject to a background check to appeal the results to the appropriate designated state agency, and (2) a state to collect a fee from providers for such background checks to defray costs.

To require a criminal background check for employees of child care providers, family child care providers, and adults who reside in the private residences of family child care providers in States that receive funds from the Child Care and Development Block Grant Program, and for other purposes.

SECTION 1. PETROLEUM PRODUCT PRICING. (a) Working Group.--The Secretary of Energy shall establish, and serve as the Chair of, an interagency working group consisting of representatives from the Federal Energy Regulatory Commission, the Federal Trade Commission, and other appropriate Federal agencies. (b) Study.--The working group established under subsection (a) shall conduct a study to-- (1) identify the factors that affect the pricing of crude oil and refined petroleum products, including an examination of the effects of market speculation on prices; and (2) review and assess the roles, missions, and structures of relevant Federal agencies, examine interagency coordination, and identify and assess the gaps which need to be filled for the Federal Government to effectively oversee and regulate crude oil and refined petroleum product markets. (c) Elements of Study.--Such study shall include-- (1) an examination of price formation with respect to crude oil and refined petroleum products; (2) an examination of the respective degree to which the regulation by national governments, or lack thereof, in international markets may allow or tolerate excessive speculation, market manipulation, or other abuses which impact crude oil or refined petroleum product prices; and (3) an examination of the degree to which changes in transparency, liquidity, and structure have influenced or driven abuse, manipulation, excessive speculation, or inefficient price formation. (d) Conduct of Study.--In conducting the study, the Secretary shall-- (1) utilize the expertise and resources of the Office of Fossil Energy, the Office of Policy and International Affairs, the Office of the General Counsel, and such other offices in the Department of Energy that have expertise bearing on the operation of and laws applying to crude oil and petroleum product markets; (2) designate one such office to serve as the Secretariat for the Task Force; (3) utilize the expertise and resources of the Energy Information Administration, particularly in validating statistical data that may be relevant; and (4) be authorized to procure by contract such private commercial expertise and resources as are required to complete the study in a complete, timely, and credible manner. (e) Information From Federal Agencies.--Each executive department, bureau, commission, agency, board, office, independent establishment, or instrumentality of the Federal Government shall make available to the working group upon request any data, information, estimates, statistics, and access to any employee necessary for the conduct of the study under this section. (f) Public Hearings.--The Secretary of Energy shall provide for not less than 3 public hearings at locations across the country to take testimony, on the record, as part of the fact gathering process to enable the working group to perform its functions under this section. (g) Consultation.--The working group shall consult with domestic and international oil industry participants, the financial services and futures industry, commodity exchanges, industry and financial consultants, wholesale, retail, and consumer organizations, academic and nonprofit organizations, and local, State, national, and international governmental organizations. (h) Subpoena Power.--The Secretary of Energy shall have the power to compel the production of records and testimony for the purposes of the working group, and may exercise the powers of the Department of Energy to secure information and data necessary to carry out the requirements of this section. (i) Report and Recommendations.-- (1) In general.--During the conduct of the study under this section, the Secretary of Energy shall provide to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate quarterly progress reports, and not later than 1 year after the date of enactment of this Act the Secretary shall transmit to such committees a report that-- (A) describes the results of the study; and (B) provides options and the recommendations of the working group for appropriate Federal coordination of oversight and regulatory actions to ensure transparency of crude oil and refined petroleum product pricing and elimination of excessive speculation. (2) Immediate action.--If at any time during the course of the preparation of the study the Secretary of Energy determines that there is a basis for a policy recommendation to Congress to modify United States laws or regulatory authorities so as to protect United States energy consumers from the potential for abuse and manipulation by activities taking place in energy markets or exchanges, the Secretary shall make such recommendations immediately to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (j) Authorization of Appropriations.--There are authorized to be appropriated for carrying out this section-- (1) $21,000,000 to the Secretary of Energy; (2) $1,000,000 to the Federal Energy Regulatory Commission; (3) $1,000,000 to the Federal Trade Commission; and (4) $2,000,000 to other Federal agencies participating in the interagency working group.

Directs the Secretary of Energy to establish an interagency working group to study and report to specified congressional committees on: (1) factors that affect the pricing of crude oil and refined petroleum products; and (2) the roles, missions, and structures of relevant federal agencies, interagency coordination, and the gaps which need to be filled for the federal government to effectively oversee and regulate crude oil and refined petroleum product markets.

To provide for the establishment of an interagency working group to conduct a study to identify the factors that affect the pricing of crude oil and refined petroleum products, and to make recommendations on appropriate coordination of oversight and regulation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deficit Reduction Through Fair Oil Royalties Act''. SEC. 2. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES. (a) Definitions.--In this section: (1) Covered lease.--The term ``covered lease'' means a lease for oil or gas production in the Gulf of Mexico that is-- (A) in existence on the date of enactment of this Act; (B) issued by the Secretary under section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act (43 U.S.C. 1337 note; Public Law 104-58); and (C) not subject to limitations on royalty relief based on market price that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Lessee.--The term ``lessee'' includes any person or other entity that controls, is controlled by, or is in or under common control with, a lessee. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Issuance of New Leases.-- (1) In general.--The Secretary shall not issue any new lease that authorizes the production of oil or natural gas under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) to a person described in paragraph (2) unless the person has renegotiated each covered lease with respect to which the person is a lessee, to modify the payment responsibilities of the person to require the payment of royalties if the price of oil and natural gas is greater than or equal to the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Persons described.--A person referred to in paragraph (1) is-- (A) a lessee that-- (i) holds a covered lease on the date on which the Secretary considers the issuance of the new lease; or (ii) was issued a covered lease before the date of enactment of this Act, but transferred the covered lease to another person or entity (including a subsidiary or affiliate of the lessee) after the date of enactment of this Act; or (B) any other person that has any direct or indirect interest in, or that derives any benefit from, a covered lease. (3) Multiple lessees.-- (A) In general.--For purposes of paragraph (1), if there are multiple lessees that own a share of a covered lease, the Secretary may implement separate agreements with any lessee with a share of the covered lease that modifies the payment responsibilities with respect to the share of the lessee to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (B) Treatment of share as covered lease.--Beginning on the effective date of an agreement under subparagraph (A), any share subject to the agreement shall not constitute a covered lease with respect to any lessees that entered into the agreement. (c) Transfers.--A lessee or any other person who has any direct or indirect interest in, or who derives a benefit from, a lease shall not be eligible to obtain by sale or other transfer (including through a swap, spinoff, servicing, or other agreement) any covered lease, the economic benefit of any covered lease, or any other lease for the production of oil or natural gas in the Gulf of Mexico under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless the lessee or other person-- (1) has renegotiated each covered lease with respect to which the lessee or person is a lessee, to modify the payment responsibilities of the lessee or person to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or (2) has entered into an agreement with the Secretary to modify the terms of all covered leases of the lessee or other person to include limitations on royalty relief based on market prices that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (d) Use of Amounts for Deficit Reduction.--Notwithstanding any other provision of law, any amounts received by the United States as rentals or royalties under covered leases shall be deposited in the Treasury and used for-- (1) Federal budget deficit reduction; or (2) if there is no Federal budget deficit, reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate. SEC. 3. PRICE THRESHOLDS FOR ROYALTY SUSPENSION PROVISIONS. (a) In General.--The Secretary of the Interior shall agree to a request by any lessee to amend any lease issued for any Central and Western Gulf of Mexico tract during the period of January 1, 1996, through November 28, 2000, to incorporate price thresholds applicable to royalty suspension provisions, that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (b) New or Revised Price Thresholds.--An amended lease under subsection (a) shall impose the new or revised price thresholds effective on October 1, 2015. (c) Existing Lease Provisions.--Lease provisions in effect on the date of enactment of this Act shall prevail through September 30, 2015.

Deficit Reduction Through Fair Oil Royalties Act This bill prohibits the Department of the Interior from issuing new oil or natural gas production leases in the Gulf of Mexico under the Outer Continental Shelf Lands Act unless they have been renegotiated to require royalty payments if the price of oil and natural gas is greater than or equal to specified price thresholds. Rentals or royalties received by the United States under covered leases must be deposited in the Treasury and used for federal budget deficit reduction or, if there is no federal budget deficit, federal debt reduction. Interior must agree to a lessee's request to amend a lease to incorporate price thresholds applicable to royalty suspension requirements that are equal to or less than certain statutory price thresholds if the lease was issued for any Central and Western Gulf of Mexico tract on or after January 1, 1996, through November 28, 2000.

Deficit Reduction Through Fair Oil Royalties Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Keeping Promises to Taxpayers Act of 2012''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Repeal of employer health insurance mandate. Sec. 3. Repeal of excise tax on high cost employer-sponsored health coverage. Sec. 4. Repeal of over-the-counter drug limitation. Sec. 5. Repeal of increase in medical expense threshold. Sec. 6. Repeal of limitation on health flexible spending arrangements under cafeteria plans. Sec. 7. Repeal of annual fee on health insurance providers. Sec. 8. Repeal of annual fee on branded prescription pharmaceutical manufacturers and importers. Sec. 9. Repeal of excise tax on medical device manufacturers. Sec. 10. Repeal of tax on indoor tanning services. Sec. 11. Repeal of PCORTF and fees imposed on insured and self-insured health plans. Sec. 12. Repeal of increase in additional tax on non-qualified distributions from HSAs and Archer MSAs. Sec. 13. Repeal of tobacco product excise tax increase. SEC. 2. REPEAL OF EMPLOYER HEALTH INSURANCE MANDATE. (a) In General.--Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980H. (b) Repeal of Related Reporting Requirements.--Subpart D of part III of subchapter A of chapter 61 of such Code is amended by striking section 6056. (c) Conforming Amendments.-- (1) Subparagraph (B) of section 6724(d)(1) of such Code is amended by striking clause (xxv), by inserting ``or'' at the end of clause (xxiii), by striking ``or'' and inserting ``and'' at the end of clause (xxiv). (2) Paragraph (2) of section 6724(d) of such Code is amended by striking subparagraph (HH), by inserting ``or'' at the end of subparagraph (FF), and by striking ``or'' at the end of subparagraph (GG) and inserting a period. (3) The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4980H. (4) The table of sections for subpart D of part III of subchapter A of chapter 61 of such Code is amended by striking the item relating to section 6056. (5) Section 1513 of the Patient Protection and Affordable Care Act is amended by striking subsection (c). (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to months and other periods beginning after December 31, 2013. (2) Repeal of study and report.--The amendment made by subsection (c)(5) shall take effect on the date of the enactment of this Act. SEC. 3. REPEAL OF EXCISE TAX ON HIGH COST EMPLOYER-SPONSORED HEALTH COVERAGE. (a) In General.--Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980I. (b) Clerical Amendment.--The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4980I. SEC. 4. REPEAL OF OVER-THE-COUNTER DRUG LIMITATION. (a) HSAs.--Subparagraph (A) of section 223(d)(2) of the Internal Revenue Code of 1986 is amended by striking the last sentence. (b) Archer MSAs.--Subparagraph (A) of section 220(d)(2) of such Code is amended by striking the last sentence. (c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 105 of such Code is amended by striking subsection (f). (d) Effective Dates.-- (1) Distributions.--The amendments made by subsections (a) and (b) shall apply to amounts paid with respect to taxable years beginning after the date of the enactment of this Act. (2) Reimbursements.--The amendment made by subsection (c) shall apply to expenses incurred with respect to taxable years beginning after the date of the enactment of this Act. SEC. 5. REPEAL OF INCREASE IN MEDICAL EXPENSE THRESHOLD. Section 9013 of the Patient Protection and Affordable Care Act, and the amendments made thereby, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied and administered as if such section and amendments had never been enacted. SEC. 6. REPEAL OF LIMITATION ON HEALTH FLEXIBLE SPENDING ARRANGEMENTS UNDER CAFETERIA PLANS. Section 125 of the Internal Revenue Code of 1986 is amended by striking subsection (i) and by redesignating subsections (j) and (k) as subsections (i) and (j), respectively. SEC. 7. REPEAL OF ANNUAL FEE ON HEALTH INSURANCE PROVIDERS. Section 9010 of the Patient Protection and Affordable Care Act is hereby repealed. SEC. 8. REPEAL OF ANNUAL FEE ON BRANDED PRESCRIPTION PHARMACEUTICAL MANUFACTURERS AND IMPORTERS. Effective for calendar years beginning after 2011, section 9008 of the Patient Protection and Affordable Care is repealed. SEC. 9. REPEAL OF EXCISE TAX ON MEDICAL DEVICE MANUFACTURERS. (a) In General.--Subchapter E of chapter 32 of the Internal Revenue Code of 1986 is hereby repealed. (b) Conforming Amendments.-- (1) Subsection (a) of section 4221 of such Code is amended by striking the last sentence. (2) Paragraph (2) of section 6416(b) of such Code is amended by striking the last sentence. (3) The table of subchapters for chapter 32 of such Code is amended by striking the item relating to subchapter E. SEC. 10. REPEAL OF TAX ON INDOOR TANNING SERVICES. (a) In General.--Chapter 49 of the Internal Revenue Code of 1986 is hereby repealed. (b) Clerical Amendment.--The table of chapters for subtitle D of such Code is amended by striking the item relating to chapter 49. (c) Effective Date.--The amendments made by this section shall apply to services performed after the date of the enactment of this Act. SEC. 11. REPEAL OF PCORTF AND FEES IMPOSED ON INSURED AND SELF-INSURED HEALTH PLANS. (a) Trust Fund.--Section 9511 of the Internal Revenue Code of 1986 is hereby repealed. (b) Insured and Self-Insured Health Plans Fee.--Subchapter B of chapter 34 of such Code is hereby repealed. (c) Clerical Amendments.-- (1) The table of sections for subchapter A of chapter 98 of such Code is amended by striking the item relating to section 9511. (2) The table of subchapters for chapter 34 of such Code is amended by striking the item relating to subchapter B. SEC. 12. REPEAL OF INCREASE IN ADDITIONAL TAX ON NON-QUALIFIED DISTRIBUTIONS FROM HSAS AND ARCHER MSAS. (a) HSAs.--Subparagraph (A) of section 223(f)(4) of the Internal Revenue Code of 1986 is amended by striking ``20 percent'' and inserting ``10 percent''. (b) Archer MSAs.--Subparagraph (A) of section 220(f)(4) of such Code is amended by striking ``20 percent'' and inserting ``10 percent''. (c) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. SEC. 13. REPEAL OF TOBACCO PRODUCT EXCISE TAX INCREASE. (a) In General.--Each provision of the Internal Revenue Code of 1986 amended by section 701 of the Children's Health Insurance Program Reauthorization Act of 2009 is amended as such provision would read if such section had never been enacted. (b) Floor Stocks Refund.-- (1) In general.--On tobacco products and cigarette papers and tubes manufactured in or imported into the United States which are removed on or before the date of the enactment of this Act, and held on such date for sale by any person, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this subsection referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer on the article over the amount of such tax which would be imposed on such article had the article been removed on the day after the date of the enactment of this Act. (2) Time for filing claims.--No credit or refund shall be allowed or made under this subsection unless claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the date of the enactment of this Act. (3) Definitions.--Any term used in this subsection which is also used in section 5702 of the Internal Revenue Code of 1986 shall have the same meaning as such term has in such section. (4) Controlled groups.--Rules similar to the rules of section 5061(e)(3) of such Code shall apply for purposes of this subsection. (c) Effective Date.--The amendments made by this section shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after the date of the enactment of this Act.

Keeping Promises to Taxpayers Act of 2012 - Amends the Internal Revenue Code and the Patient Protection and Affordable Care Act to repeal certain health care-related taxes and other provisions, including: (1) the requirement that certain employers provide their employees with health insurance coverage and report on such coverage, (2) the excise tax on excess benefits from employer-sponsored health care coverage, (3) the requirement that distributions from a health savings account be used to pay for prescription drugs and insulin only (thus allowing for payment of over-the-counter medications), (4) the increase (from 7.5% to 10%) in the income threshold for the medical expense tax deduction, (5) the $2,500 limitation on contributions to health flexible spending arrangements, (6) the annual fees required for businesses providing health insurance and manufacturers or importers of branded prescription drugs, (7) the Patient-Centered Outcomes Research Trust Fund, (8) the fee imposed on insured and self-insured health plans, (9) the excise taxes on medical device manufacturers and importers and on indoor tanning services, (10) the increase (from 10% to 20%) in the penalty for distributions from health savings accounts and Archer medical savings accounts not used for qualified medical expenses, and (11) the increase in the tobacco production excise tax.

To amend the Internal Revenue Code of 1986 to repeal certain tax increases.

SECTION 1. PARTICIPATION OF PRESIDENT, VICE PRESIDENT, MEMBERS OF CONGRESS, POLITICAL APPOINTEES, AND CONGRESSIONAL STAFF IN THE EXCHANGE. (a) In General.--Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is amended to read as follows: ``(D) President, vice president, political appointees, members of congress, and congressional staff in the exchange.-- ``(i) In general.--Notwithstanding chapter 89 of title 5, United States Code, or any provision of this title-- ``(I) the President, the Vice President, each political appointee, each Member of Congress, and each Congressional employee shall be treated as a qualified individual entitled to the right under this paragraph to enroll in a qualified health plan in the individual market offered through an Exchange in the State in which the individual resides; and ``(II) any employer contribution under such chapter on behalf of the President, the Vice President, any political appointee, any Member of Congress, and any Congressional employee may be paid only to the issuer of a qualified health plan in which the individual enrolled through such Exchange and not to the issuer of a plan offered through the Federal employees health benefit program under such chapter. ``(ii) Payments by federal government.--The Secretary, in consultation with the Director of the Office of Personnel Management, shall establish procedures under which-- ``(I) the employer contributions under such chapter on behalf of the President, the Vice President, each political appointee, each Member of Congress, and each Congressional employee are determined and actuarially adjusted for individual or family coverage, rating areas, and age (in accordance with clauses (i) through (iii) of section 2701(a)(1)(A) of the Public Health Service Act); and ``(II) the employer contributions may be made directly to an Exchange for payment to an issuer. ``(iii) Political appointee.--In this subparagraph, the term `political appointee' means any individual who-- ``(I) is employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule); ``(II) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or ``(III) is employed in a position in the executive branch of the Government of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations. ``(iv) Congressional employee.--In this subparagraph, the term `Congressional employee' means an employee whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives.''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the Patient Protection and Affordable Care Act.

Amends the Patient Protection and Affordable Care Act (PPACA) to require any employer contribution made on behalf of the President, Vice President, or any political appointee to be paid only to the issuer of a plan through an American Health Benefit Exchange (a state health insurance exchange created under PPACA), and not through the federal employees health benefit program. (Currently, this requirement applies to Members of Congress and congressional staff.)

A bill to amend the Patient Protection and Affordable Care Act to provide for participation in the Exchange of the President, Vice President, Members of Congress, political appointees, and congressional staff.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Improvement Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Despite the dramatic increase in the number of adoptions out of foster care since the enactment of the Adoption and Safe Families Act of 1997 (Public Law 105-89; 111 Stat. 2115), there are still 114,000 children in foster care with the goal of adoption. Of these, only 13 percent are currently living in a preadoptive home. At the same time, in a given year, 240,000 people in the United States will call for information about adopting a child from foster care. Ultimately, however, only a very small fraction of prospective parents interested in adopting children in foster care will end up doing so. As a result, thousands of needy children will remain in foster care and thousands of prospective parents will remain childless. (2) According to a recent study conducted by Harvard University and the Urban Institute in collaboration with the Evan B. Donaldson Adoption Institute, 78 percent of adults who call for information about becoming adoptive parents will not fill out an application or attend an orientation meeting. Only 6 percent of those who call for information actually complete the adoption home study, a requirement for all prospective parents. (3) Research shows that prospective adoptive parents often face a number of barriers that discourage them from adopting children out of foster care, including difficulty in accessing the child welfare agency and unpleasant experiences during critical initial contacts with the child welfare agency, as well as ongoing frustration with the agency or aspects of the process. The 2 primary ways people learn about adoption from foster care are the media and word of mouth. Negative experiences with the adoption process have resounding effects as 1 parent's frustration is expressed to friends, families, and acquaintances. SEC. 3. CHILD WELFARE AGENCY DEFINED. In this Act, the term ``child welfare agency'' means an entity of a State, regional or local area, or Indian tribe, that has primary responsibility in such a State, regional or local area, or Indian tribe for the facilitation of adoptions from the child welfare system. SEC. 4. GRANT PROGRAM AUTHORIZED. The Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall carry out, in accordance with the provisions of this Act, a pilot program of making not less than 10 grants to child welfare agencies that is designed to effect long-range improvements in the adoption process by increasing prospective adoptive parent access to adoption information and strengthening such agencies responsiveness to prospective adoptive parents. SEC. 5. APPLICATION. A child welfare agency that desires to receive a grant under this Act shall submit an application at such time, in such manner, and accompanied by such information as the Secretary may require. SEC. 6. SELECTION OF GRANT RECIPIENTS. (a) In General.--In awarding grants under this Act, the Secretary shall-- (1) select grant recipients on the basis of criteria included in regulations promulgated by the Secretary; and (2) take into consideration-- (A) the quality of the application; (B) the demonstrated commitment of the applicant to achieving the goals of the pilot program carried out under this Act; and (C) the geographic diversity of the applicant. (b) Criteria.--In establishing criteria under subsection (a)(1), the Secretary shall include the requirement that for a child welfare agency to be eligible to receive a grant under this Act, such agency shall comply with each of the following: (1) The child welfare agency includes the active involvement of independent, legitimate, marketing and research firms in the design and implementation of the program that will be funded with a grant under this Act, in order to incorporate business and consumer product marketing techniques in the recruitment, training, and retention of adoptive parents. The involvement of academic institutions or nonprofit research institutions in the process and follow-up design may also be included. (2) The child welfare agency intends to improve the first contact between prospective adoptive parents and the agency through the following: (A) The establishment of a specialized adoption hotline for tracking incoming calls to better understand the adoptive parent attrition rate. (B) The hiring of employees with a background in counseling and providing specialized adoption training so such employees answer callers' requests efficiently. Training shall emphasize the importance of customer service in addition to traditional counseling skills, address the particular needs of workers and supervisors, and stress the importance of reducing staff turnover. (C) The establishment of a process to solicit and incorporate feedback from all prospective parents, including those who exit the process early on, in designing and improving the adoption process. (3) The child welfare agency-- (A) will promote recruitment at the start of the process by providing prospective parents with clear, written guidelines about qualifications and grounds for being screened out; and (B) will ensure that all staff are trained in skills needed to engage a prospective parent in the adoption process and, when possible, will separate the recruitment and screening processes. (4) The child welfare agency coordinates all adoption sources to afford prospective parents immediate access to all children available for adoption. (5) The child welfare agency offers an explicit explanation of the adoption process for all prospective families that includes the roles that various workers play, relationships among the different agencies, and the information necessary to navigate through the process. This information shall include the reasoning behind standard adoption procedures, such as home studies, criminal background checks, and psychological and health evaluations. (6) The child welfare agency shall provide clear information about the matching process, including expected timeline, to prospective parents. (7) The child welfare agency shall provide a clear overview of the adoption process for all prospective families, including-- (A) the rewards and challenges of the process; (B) the availability of and the process of accessing adoption assistance; (C) the legal process of adoption; and (D) the availability of post-permanency services. (8) The child welfare agency shall make every effort to involve successful adoptive parents in aspects of the adoption process, including designing recruitment strategies, training, and matching. (9) The child welfare agency shall establish an adoption advisory committee for strengthening procedures for matching waiting children with adoptive parents. The committee shall be composed of adoption professionals, successful adoptive parents, and others with expertise in assessing a child's adoption needs for the purpose of improving the matching process. (10) The child welfare agency shall develop a mentoring system linking prospective and established adoptive parents. (11) The child welfare agency agrees to comply with the evaluation procedures set forth by the agencies and research entity described in section 8. SEC. 7. USE OF FUNDS. A child welfare agency that receives a grant under this Act shall use the grant funds only for activities that-- (1) decrease the adoptive parent attrition rate, as described in section 6; or (2) build upon existing practices that have demonstrated effectiveness in improving the adoption process. SEC. 8. STUDY. (a) In General.--In order to provide rigorous research utilizing appropriate, scientifically-based research standards, the Secretary shall carry out, through grant or contract, research into the successes and challenges of the programs established through the grants authorized in this Act. Such research shall-- (1) employ a standardized data collection tool in order to maximize the synthesis of data across disparate programs; (2) assess the success with which participating agencies implement the program components outlined in section 6(b); (3) assess the impact, if any, of each program on-- (A) the retention and attrition of prospective adoptive parents throughout the adoption process; (B) the professionalization of child welfare professionals responding to adoption inquiries; (C) the number of completed adoptions from foster care; and (D) the maintenance of completed adoptions, including the impact, if any, of the program on families' use of post-adoption services; (4) synthesize the successes and challenges of each participating child welfare agency and make recommendations for an overall model of best practice; and (5) offer recommendations regarding improvements to the grant program. (b) Use of Expert Entity.--The Secretary shall carry out the research described in this section through an entity, including a Federal agency, that has expertise in carrying out research studies relating to adoption, foster care, and child welfare issues, such as child welfare service provision and the adoption of children from foster care. (c) Consultation.--In conducting the research described in this section, the expert entity described in subsection (b) shall consult with-- (1) researchers who are experts in studying child welfare services, particularly those focusing on best practices regarding the adoption of children from foster care; (2) child welfare administrators and staff responsible for facilitating the adoption of children from foster care; (3) representatives from national child welfare organizations promoting the adoption of children from foster care; and (4) parents who have adopted children from foster care. (d) Report to Congress.--Not later than 2 years after the dissemination of funds under this Act, the expert entity described in subsection (b) shall submit a report to the Secretary containing the results of the research described in this section. The report shall also-- (1) be submitted to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate; and (2) be made publicly available. SEC. 9. NATIONWIDE REVIEW. The Secretary shall include in the national annual review of child welfare agencies of the Secretary an examination of each State's progress regarding accessibility and responsiveness of child welfare agencies to prospective adoptive parents. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $50,000,000.

Adoption Improvement Act of 2007 - Directs the Secretary of Health and Human Services to carry out a pilot program of grants to child welfare agencies to effect long-range improvements in the adoption process by increasing prospective adoptive parent access to adoption information and strengthening agency responsiveness to prospective adoptive parents. Requires the Secretary also to: (1) research, through grant or contract, the successes and challenges of the programs established under the pilot program grants; and (2) include in the national annual review of child welfare agencies an examination of each state's progress regarding adoption information accessibility and agency responsiveness to prospective adoptive parents.

To establish an adoption process improvement pilot program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Master Sergeant Roddie Edmonds Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Rodrick W. Edmonds (in this Act referred to as ``Roddie Edmonds'' or ``Edmonds'') was born in 1919 in South Knoxville, Tennessee, and graduated from Knoxville High School in 1938. (2) Roddie Edmonds was a Master Sergeant in the United States Army and a member of the 422nd Infantry Regiment while serving during World War II. (3) Roddie Edmonds landed in Europe in 1944 and fought to the border between Belgium and Germany. In December of 1944, while fighting in the Battle of the Bulge, Edmonds was captured by Nazi forces and detained in Stalag IX-A, a prisoner of war camp in Ziegenhain, Germany. (4) Stalag IX-A was a site used to identify, segregate, and remove Jewish soldiers from the general population of prisoners of war and many of the Jewish soldiers who were so removed were sent to labor camps or murdered. Members of the Armed Forces were warned of this policy and aware that their fellow servicemen could be at risk. (5) As the senior noncommissioned officer in Stalag IX-A, Master Sergeant Edmonds was responsible for 1,275 members of the Armed Forces at the camp. Approximately 1 month after the date on which Edmonds was detained, Edmonds was directed to order the Jewish-American soldiers under his command to fall out in order to separate the Jewish-American soldiers from their fellow prisoners. (6) Disregarding the orders of the Nazis, Roddie Edmonds commanded all of his men to fall out and, the following morning, all of the 1,275 members of the Armed Forces under the command of Edmonds stood outside of their prison barracks. (7) Upon seeing the soldiers, a German officer angrily shouted, ``They cannot all be Jews!'', to which Edmonds replied, ``We are all Jews here''. (8) The German officer took out his pistol and pointed the gun at the head of Edmonds, but Edmonds refused to identify the Jewish soldiers. Instead, Edmonds responded, ``According to the Geneva Convention, we only have to give our name, rank, and serial number. If you shoot me, you will have to shoot all of us and, after the war, you will be tried for war crimes''. (9) The German officer turned away from Edmonds and the other soldiers and left the scene. The actions taken by Edmonds saved the lives of approximately 200 Jewish-American members of the Armed Forces. (10) Lester Tanner, a Jewish-American member of the Armed Forces also captured during the Battle of the Bulge, witnessed the incident and stated that, ``There was no question in my mind, or that of Master Sergeant Edmonds, that the Germans were removing the Jewish prisoners from the general population at great risk to their survival. The U.S. Army's standing command to its ranking officers in POW camps is that you resist the enemy and care for the safety of your men to the greatest extent possible. Master Sergeant Edmonds, at the risk of his immediate death, defied the Germans with the unexpected consequences that the Jewish prisoners were saved''. (11) Edmonds survived 100 days in captivity and returned home after the war. Later, Edmonds served the United States in Korea as a member of the National Guard. Edmonds died in 1985, but never told his family or anyone else of his brave actions outside the barracks of Stalag IX-A during World War II. (12) Edmonds was posthumously recognized by Yad Vashem, the World Holocaust Remembrance Center in Jerusalem, as ``Righteous Among the Nations'', the first member of the Armed Forces and 1 of only 5 people of the United States to be so recognized. Avner Shalev, Chairman of Yad Vashem, announced the selection of Edmonds by saying, ``Master Sergeant Roddie Edmonds seemed like an ordinary American soldier, but he had an extraordinary sense of responsibility and dedication to his fellow human beings. . . . The choices and actions of Master Sergeant Edmonds set an example for his fellow American soldiers as they stood united against the barbaric evil of the Nazis''. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous award, on behalf of Congress, of a gold medal of appropriate design to Roddie Edmonds in recognition of his achievements and heroic actions during World War II. (b) Design and Striking.--For the purpose of the award referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Presentation and Award of Medal.--The gold medal referred to in subsection (a) shall be presented, and following the presentation awarded, to the next of kin of Roddie Edmonds. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

Master Sergeant Roddie Edmonds Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous award of a Congressional Gold Medal to Roddie Edmonds in recognition of his achievements and heroic actions during World War II.

Master Sergeant Roddie Edmonds Congressional Gold Medal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Home Criminal Background Check Act of 2000''. SEC. 2. NURSING HOME CRIMINAL BACKGROUND CHECK. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 69 the following new chapter: ``CHAPTER 70--NURSING HOME CRIMINAL BACKGROUND CHECK ``Sec. ``1441. Prohibition of employment of convicted felons in nursing homes. ``1442. Notification of background check requirement. ``1443. Criminal background check requirement. ``1444. Statement for criminal background check. ``1445. Criminal background check process. ``1446. Definitions. ``Sec. 1441. Prohibition of employment of convicted felons in nursing homes ``Whoever, being a nursing facility, knowingly employs a person who has not passed the criminal background check required by this chapter in connection with that employment shall be fined not more than $5,000. ``Sec. 1442. Notification of background check requirement ``Not later than 180 days after the date of enactment of the Nursing Home Criminal Background Check Act of 2000, the Attorney General, in consultation with the Secretary of Health and Human Services, shall notify nursing facilities of the requirements of this chapter. ``Sec. 1443. Criminal background check requirement ``Not later than 180 days after receiving the notice described in section 1442, each nursing facility shall adopt and enforce a requirement that each applicant to that facility for employment, make a statement under section 1444. ``Sec. 1444. Statement for criminal background check ``The statement required under section 1443 shall be in writing and contain-- ``(1) the name, address, and date of birth appearing on a valid identification document (as defined in section 1028(d)(2) of this title) of applicant, a description of the identification document used, and the applicant's Social Security number; ``(2) a statement that such applicant has never been convicted of a crime of violence or a crime involving illegal activity relating to controlled substances (as that term is defined in the Controlled Substances Act); and ``(3) the date the statement is made. ``Sec. 1445. Criminal background check process ``(a) The nursing facility shall transmit to the Attorney General each statement from an applicant that the facility receives under section 1444. ``(b)(1) The Attorney General, using information available to the Department of Justice, shall promptly determine whether the applicant has ever been convicted of a crime of violence or a crime involving illegal activity relating to controlled substances (as that term is defined in the Controlled Substances Act). If so, the Attorney General shall, not later than 5 business days after the receipt of the statement, inform the nursing facility that the applicant did not pass the background check. If after 5 business days the nursing facility has not been informed by the Attorney General that the applicant has been so convicted, the applicant shall be deemed to have passed the background check. ``(2) In no case shall the nursing facility or the applicant be charged a fee in connection with the background check process. ``(3) It is a complete defense to any cause of action against a nursing facility or any of its agents based on a failure or refusal to hire the applicant that the applicant did not pass the check. ``Sec. 1446. Definitions ``In this chapter.-- ``(1) the term `nursing facility' means-- ``(A) any `nursing facility' as that term is defined under section 1919(a) of title XIX of the Social Security Act (42 U.S.C. 1396r(a)); and ``(B) any `skilled nursing facility' as that term is defined under section 1818(a) of title XVIII of the Social Security Act (42 U.S.C. 1395i-3(a)); and ``(2) the term `applicant' does not include a person seeking to enter into contract employment or employment as a licensed professional such as a doctor or nurse.''. (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 69 the following new item: ``70. Nursing Home Criminal Background Check................ 1441''. SEC. 3. CONFORMING AMENDMENTS. (a) Medicaid.--Section 1919 of title XIX of the Social Security Act (42 U.S.C. 1396r) is amended by adding at the end the following: ``(j) Nursing Home Criminal Background Check.--A nursing facility administrator shall meet the nursing home background check requirements of chapter 70 of title 18, United States Code.''. (b) Medicare.--Section 1819 of title XVIII of the Social Security Act (42 U.S.C. 1395i-3) is amended by adding at the end the following: ``(j) Nursing Home Criminal Background Check.--A skilled nursing facility administrator shall meet the nursing home background check requirements of chapter 70 of title 18, United States Code.''. SEC. 4. REPORT TO CONGRESS. Not later than 3 years after the date of the enactment of this Act, the Attorney General shall conduct a study of the effects of background checks in nursing home settings, and report to Congress-- (1) the success of conducting background checks on nursing home employees; (2) the impact of background checks on patient care; (3) the need to conduct background checks in other settings outside nursing facilities; and (4) methods to further improve the background check system and the costs of such improvements.

Requires: (1) the Attorney General to notify nursing facilities of the requirements of this Act; (2) each nursing facility to require each applicant for employment to make a statement in writing containing the applicant's name, address, and date of birth appearing on a valid identification document, a description of the identification document used, the applicant's Social Security number, and a statement that such applicant has never been convicted of a crime of violence or a crime involving illegal activity relating to controlled substances; (3) the nursing facility to transmit each applicant statement to the Attorney General; and (4) the Attorney General to determine whether the applicant has ever been convicted of such a crime and, if so, to inform the nursing facility that the applicant did not pass the background check. Specifies that if after a specified period the nursing facility has not been informed by the Attorney General that the applicant has been so convicted, the applicant shall be deemed to have passed the background check. Provides that: (1) in no case shall the nursing facility or the applicant be charged a fee in connection with the background check process; and (2) it is a complete defense to any cause of action against a nursing facility based on a failure or refusal to hire the applicant that the applicant did not pass the check. (Sec. 3) Amends title XIX of the Social Security Act (Medicaid) and title XVIII of such Act (Medicare) to require a nursing facility administrator to meet the requirements of this Act. Requires the Attorney General to study and report to Congress on the effects of background checks in nursing home settings.

Nursing Home Criminal Background Check Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Reserve Board Retirement Portability Act''. SEC. 2. PORTABILITY OF SERVICE CREDIT. (a) Creditable Service.-- (1) In general.--Section 8411(b) of title 5, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (3); (B) in paragraph (4)-- (i) by striking ``of the preceding provisions'' and inserting ``other paragraph''; and (ii) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(5) a period of service (other than any service under any other paragraph of this subsection, any military service, and any service performed in the employ of a Federal Reserve Bank) that was creditable under the Bank Plan (as defined in subsection (i)), if the employee waives credit for such service under the Bank Plan and makes a payment to the Fund equal to the amount that would have been deducted from pay under section 8422(a) had the employee been subject to this chapter during such period of service (together with interest on such amount computed under paragraphs (2) and (3) of section 8334(e)). Paragraph (5) shall not apply in the case of any employee as to whom subsection (g) (or, to the extent subchapter III of chapter 83 is involved, section 8332(n)) otherwise applies.''. (2) Bank plan defined.--Section 8411 of title 5, United States Code, is amended by adding at the end the following: ``(i) For purposes of subsection (b)(5), the term `Bank Plan' means the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate, which benefit structure is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act (and any redesignated or successor version of such benefit structure, if so identified in writing by the Board of Governors of the Federal Reserve System for purposes of this chapter).''. (b) Exclusion From Chapter 84.-- (1) In general.--Paragraph (2) of section 8402(b) of title 5, United States Code, is amended by striking the matter before subparagraph (B) and inserting the following: ``(2)(A) any employee or Member who has separated from the service after-- ``(i) having been subject to-- ``(I) subchapter III of chapter 83 of this title; ``(II) subchapter I of chapter 8 of title I of the Foreign Service Act of 1980; or ``(III) the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before January 1, 1984, that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act; and ``(ii) having completed-- ``(I) at least 5 years of civilian service creditable under subchapter III of chapter 83 of this title; ``(II) at least 5 years of civilian service creditable under subchapter I of chapter 8 of title I of the Foreign Service Act of 1980; or ``(III) at least 5 years of civilian service (other than any service performed in the employ of a Federal Reserve Bank) creditable under the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before January 1, 1984, that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act, determined without regard to any deposit or redeposit requirement under either such subchapter or under such benefit structure, or any requirement that the individual become subject to either such subchapter or to such benefit structure after performing the service involved; or''. (2) Exception.--Subsection (d) of section 8402 of title 5, United States Code, is amended to read as follows: ``(d) Paragraph (2) of subsection (b) shall not apply to an individual who-- ``(1) becomes subject to-- ``(A) subchapter II of chapter 8 of title I of the Foreign Service Act of 1980 (relating to the Foreign Service Pension System) pursuant to an election; or ``(B) the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate, which benefit structure is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act (and any redesignated or successor version of such benefit structure, if so identified in writing by the Board of Governors of the Federal Reserve System for purposes of this chapter); and ``(2) subsequently enters a position in which, but for paragraph (2) of subsection (b), such individual would be subject to this chapter.''. (c) Provisions Relating to Certain Former Employees.--A former employee of the Board of Governors of the Federal Reserve System who-- (1) has at least 5 years of civilian service (other than any service performed in the employ of a Federal Reserve Bank) creditable under the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before January 1, 1984, that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act; (2) was subsequently employed subject to the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate, which benefit structure is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act (and any redesignated or successor version of such benefit structure, if so identified in writing by the Board of Governors of the Federal Reserve System for purposes of chapter 84 of title 5, United States Code); and (3) after service described in paragraph (2), becomes subject to and thereafter entitled to benefits under chapter 84 of title 5, United States Code, shall, for purposes of section 302 of the Federal Employees' Retirement System Act of 1986 (100 Stat. 601; 5 U.S.C. 8331 note) be considered to have become subject to chapter 84 of title 5, United States Code, pursuant to an election under section 301 of such Act. (d) Effective Date.-- (1) In general.--Subject to succeeding provisions of this subsection, this section and the amendments made by this section shall take effect on the date of enactment of this Act. (2) Provisions relating to creditability and certain former employees.--The amendments made by subsection (a) and the provisions of subsection (c) shall apply only to individuals who separate from service subject to chapter 84 of title 5, United States Code, on or after the date of enactment of this Act. (3) Provisions relating to exclusion from chapter.--The amendments made by subsection (b) shall not apply to any former employee of the Board of Governors of the Federal Reserve System who, subsequent to his or her last period of service as an employee of the Board of Governors of the Federal Reserve System and prior to the date of enactment of this Act, became subject to subchapter III of chapter 83 or chapter 84 of title 5, United States Code, under the law in effect at the time of the individual's appointment. SEC. 3. CERTAIN TRANSFERS TO BE TREATED AS A SEPARATION FROM SERVICE FOR PURPOSES OF THE THRIFT SAVINGS PLAN. (a) Amendments to Chapter 84 of Title 5, United States Code.-- (1) In general.--Subchapter III of chapter 84 of title 5, United States Code, is amended by inserting before section 8432 the following: ``Sec. 8431. Certain transfers to be treated as a separation ``(a) For purposes of this subchapter, separation from Government employment includes a transfer from a position that is subject to one of the retirement systems described in subsection (b) to a position that is not subject to any of them. ``(b) The retirement systems described in this subsection are-- ``(1) the retirement system under this chapter; ``(2) the retirement system under subchapter III of chapter 83; and ``(3) any other retirement system under which individuals may contribute to the Thrift Savings Fund through withholdings from pay.''. (2) Clerical amendment.--The table of sections for chapter 84 of title 5, United States Code, is amended by inserting before the item relating to section 8432 the following: ``8431. Certain transfers to be treated as a separation.''. (b) Conforming Amendments.--Subsection (b) of section 8351 of title 5, United States Code, is amended by redesignating paragraph (11) as paragraph (8), and by adding at the end the following: ``(9) For the purpose of this section, separation from Government employment includes a transfer described in section 8431.''. (c) Effective Date.--The amendments made by this section shall apply with respect to transfers occurring before, on, or after the date of enactment of this Act, except that, for purposes of applying such amendments with respect to any transfer occurring before such date of enactment, the date of such transfer shall be considered to be the date of enactment of this Act. The Executive Director (within the meaning of section 8401(13) of title 5, United States Code) may prescribe any regulations necessary to carry out this subsection. SEC. 4. CLARIFYING AMENDMENTS. (a) In General.--Subsection (f) of section 3304 of title 5, United States Code, as added by section 2 of Public Law 105-339, is amended-- (1) by striking paragraph (4); (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (3) by inserting after paragraph (1) the following: ``(2) If selected, a preference eligible or veteran described in paragraph (1) shall acquire competitive status and shall receive a career or career-conditional appointment, as appropriate.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if enacted on October 31, 1998. Passed the House of Representatives March 16, 1999. Attest: JEFF TRANDAHL, Clerk.

Federal Reserve Board Retirement Portability Act - Includes as creditable service of a Federal employee or Member of Congress for purposes of Federal Employees Retirement System (FERS) provisions a period of service (other than any service already creditable under FERS, any military service, and any service performed in the employ of a Federal Reserve Bank) that was creditable under the Bank Plan (the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate), if the employee waives credit for such service under the Bank Plan and makes a payment to the Thrift Savings Fund equal to the amount that would have been deducted from pay had the employee been subject to FERS during such period of service (together with interest on such amount computed). Excludes from participation in FERS any employee or Member who has separated from civilian service after having been subject to the benefit structure for employees of the Board appointed before January 1, 1984, and having at least five years of civilian service (other than any service performed in the employ of a Federal Reserve Bank) creditable under such benefit structure, except for such persons who subsequently enter a position subject to FERS provisions. Makes the amendments regarding creditability and certain former Board employees applicable only to individuals who separate from service subject to FERS on or after the date of enactment of this Act. (Sec. 3) Treats as a separation from Government employment, for purposes of the Thrift Savings Plan, any transfer from a position that is subject to FERS, CSRS, or any other retirement system under which individuals may contribute to the Thrift Savings Fund through withholdings from pay, to a position that is not subject to any of them. (Sec. 4) Amends competitive service examination provisions to: (1) repeal the requirement that the Office of Personnel Management establish an appointing authority to appoint preference eligibles and veterans who have been separated from the armed forces under honorable conditions after three or more years of active service; and (2) require such a preference eligible or veteran, if selected, to acquire competitive status and receive a career or career-conditional appointment.

Federal Reserve Board Retirement Portability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Location Privacy Protection Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Location-based services and applications allow customers to receive services based on their geographic location, position, or known presence. Telematics devices, for instance, permit subscribers in vehicles to obtain emergency road assistance, driving directions, or other information with the push of a button. Other devices, such as those with Internet access, support position commerce in which notification of points of interest or promotions can be provided to customers based on their known presence or geographic location. (2) There is a substantial Federal interest in safeguarding the privacy right of customers of location-based services or applications to control the collection, use, retention of, disclosure of, and access to their location information. Location information is nonpublic information that can be misused to commit fraud, to harass consumers with unwanted messages, to draw embarrassing or inaccurate inferences about them, or to discriminate against them. Improper disclosure of or access to location information could also place a person in physical danger. For example, location information could be misused by stalkers or by domestic abusers. (3) The collection or retention of unnecessary location information magnifies the risk of its misuse or improper disclosure. (4) Congress has recognized the right to privacy of location information by classifying location information as customer proprietary network information subject to section 222 of the Communications Act of 1934 (47 U.S.C. 222), thereby preventing use or disclosure of that information without a customer's express prior authorization. (5) There is a substantial Federal interest in promoting fair competition in the provision of wireless services and in ensuring the consumer confidence necessary to ensure continued growth in the use of wireless services. These goals can be attained by establishing a set of privacy rules that apply to wireless location information, regardless of technology, and to all entities and services that generate or receive access to such information. (6) It is in the public interest that the Federal Communications Commission establish comprehensive rules to protect the privacy of customers of location-based services and applications and thereby enable customers to realize more fully the benefits of location services and applications. SEC. 3. PROTECTION OF LOCATION INFORMATION PRIVACY. (a) Rulemaking Required.--Not later than 180 days after the date of the enactment of this Act, the Federal Communications Commission shall complete a rulemaking proceeding for purposes of further protecting the privacy of location information. (b) Elements.-- (1) In general.--Subject to the provisions of paragraph (2), the rules prescribed by the Commission under subsection (a) shall-- (A) require providers of location-based services and applications to inform customers, with clear and conspicuous notice, about their policies on the collection, use, disclosure of, retention of, and access to customer location information; (B) require providers of location-based services and applications to obtain a customer's express authorization before-- (i) collecting, using, or retaining the customer's location information; or (ii) disclosing or permitting access to the customer's location information to any person who is not a party to, or who is not necessary to the performance of, the service contract between the customer and such provider; (C) require that all providers of location-based services or applications-- (i) restrict any collection, use, disclosure of, retention of, and access to customer location information to the specific purpose that is the subject of the express authorization of the customer concerned; and (ii) not subsequently release a customer's location information for any purpose beyond the purpose for which the customer provided express authorization; (D) ensure the security and integrity of location data, and give customers reasonable access to their location data for purposes of verifying the accuracy of, or deleting, such data; (E) be technology neutral to ensure uniform privacy rules and expectations and provide the framework for fair competition among similar services; (F) require that aggregated location information not be disaggregated through any means into individual location information for any commercial purpose; and (G) not impede customers from readily utilizing location-based services or applications. (2) Permitted uses.--The rules prescribed under subsection (a) may permit the collection, use, retention, disclosure of, or access to a customer's location information without prior notice or consent to the extent necessary to-- (A) provide the service from which such information is derived, or to provide the location-based service that the customer is accessing; (B) initiate, render, bill, and collect for the location-based service or application; (C) protect the rights or property of the provider of the location-based service or application, or protect customers of the service or application from fraudulent, abusive, or unlawful use of, or subscription to, the service or application; (D) produce aggregate location information; and (E) comply with an appropriate court order. (3) Additional requirement.--Under the rules prescribed under subsection (a), any third party receiving, or receiving access to, a customer's location information from a provider of location services or applications pursuant to the express authorization of the customer, shall not disclose or permit access to such information to any other person without the express authorization of the customer. (4) Express authorization.-- (A) Form.--For purposes of the rules prescribed under subsection (a) and section 222(f) of the Communications Act of 1934 (47 U.S.C. 222(f)), the Commission shall specify the appropriate methods, whether technological or otherwise, by which a customer may provide express prior authorization. Such methods may include a written or electronically signed service agreement or other contractual instrument. (B) Modification or revocation.--Under the rules prescribed under subsection (a), a customer shall have the power to modify or revoke at any time an express authorization given by the customer under the rules. (c) Application of Rules.--The rules prescribed by the Commission under subsection (a) shall apply to any person that provides a location-based service or application, whether or not such person is also a provider of commercial mobile service (as that term is defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)). (d) Relationship to Wireless Communications and Public Safety Act of 1999.--The rules prescribed by the Commission under subsection (a) shall be consistent with the amendments to section 222 of the Communications Act of 1934 (47 U.S.C. 222) made by section 5 of the Wireless Communications and Public Safety Act of 1999 (Public Law 106- 81; 113 Stat. 1288), including the provisions of section 222(d)(4) of the Communications Act of 1934, as so amended, permitting use, disclosure, and access to location information by public safety, fire services, and other emergency services providers for purposes specified in subparagraphs (A), (B), and (C) of such section 222(d)(4). (e) State and Local Requirements.-- (1) In general.--No State or local government may adopt or enforce any law, regulation, or other legal requirement addressing the privacy of wireless location information that is inconsistent with the rules prescribed by the Commission under subsection (a). (2) Preemption.--Any law, regulation, or requirement referred to in paragraph (1) that is in effect on the date of the enactment of this Act shall be preempted and superseded as of the effective date of the rules prescribed by the Commission under subsection (a). (f) Definitions.--In this section: (1) Aggregate location information.--The term ``aggregate location information'' means a collection of location data relating to a group or category of customers from which individual customer identities have been removed. (2) Customer.--The term ``customer'', in the case of the provision of a location-based service or application with respect to a device, means the person entering into the contract or agreement with the provider of the location-based service or application for provision of the location-based service or application for the device.

Location Privacy Protection Act of 2001 - Directs the Federal Communications Commission (FCC) to complete a rulemaking proceeding for further protecting the privacy of location information of customers of location-based services or applications. Requires that providers of location-based services: (1) inform customers about their policies on the collection, use, disclosure of, and access to customer location information; and (2) receive a customer's express authorization before collecting, using, retaining, or disclosing such information. Outlines permitted uses of such information. Directs the FCC to specify appropriate methods by which a customer may provide express prior authorization for the use of such information. Preempts State and local requirements with respect to the privacy of wireless location information.

A bill to provide for the enhanced protection of the privacy of location information of users of location-based services and applications, and for other purposes.

SECTION 1. FCC REFORM. (a) In General.--The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by inserting after section 5 the following new section: ``SEC. 5A. PUBLIC PARTICIPATION AND COMMISSION DECISIONMAKING. ``(a) Reform Measures.--The Commission shall promulgate regulations in accordance with the following: ``(1) Except as provided in the third sentence of section 553(b) of title 5, United States Code, before adopting, modifying, or deleting a final regulation, the Commission-- ``(A) shall publish the specific language of the proposed regulation, modification, or deletion; ``(B) shall provide at least 30 days for the submission of comments and an additional 30 days for the submission of reply comments on such proposed regulation, modification, or deletion; and ``(C) shall provide at least 30 days following the deadline for the submission of reply comments for agency consideration on the record on such proposed regulation, modification, or deletion. ``(2) The Commission shall ensure that members of the Commission have adequate time, prior to being required to decide an issue (including at a meeting held pursuant to section 5(d)), to review the proposed Commission decision document, including any specific language that is proposed to be adopted as, modified in, or deleted from a regulation. ``(3) The Commission shall establish deadlines for any Commission order, decision, report, or action for each of the various categories of petitions, applications, complaints, and other filings seeking Commission action. ``(4) The Commission shall publish any order, decision, report, or action of the Commission within 30 days after the date of the adoption of such order, decision, report, or action. ``(5) The Commission shall notify by letter the chairpersons and ranking members of the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate-- ``(A) indicating that an order, decision, report, or action of the Commission was not published within 30 days after the date of the adoption of such order, decision, report, or action; ``(B) identifying such order, decision, report, or action; and ``(C) describing the reason for the delay. The Commission shall update by letter such chairpersons and ranking members every 14 days until the publication of such order, decision, report, or action. ``(6) For any year in which the Commission was required to provide a notice pursuant to paragraph (5), the Commission shall publish an annual report containing detailed statistics concerning the delay between the adoption and the publication of any such order, decision, report, or action. ``(7) The Commission shall publish on a weekly basis a summary list of documents containing proposed decisions pending review by the Commission. For all such decisions on such list for more than 60 days, the Commission shall also name any Commissioners who have not cast a vote on such decision. ``(b) Statistical Reports Schedule.-- ``(1) In general.--The Commission shall catalog, identify, and publish the anticipated release schedule for all statistical reports regularly or intermittently published by the Commission and shall thereafter publish such schedule at least annually. ``(2) Notification of delay.--The Commission shall notify by letter the chairpersons and ranking members of the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate-- ``(A) indicating that a statistical report was not published within 60 days after the date specified in the anticipated release schedule published under paragraph (1); ``(B) identifying such report; and ``(C) describing the reason for such delay. The Commission shall update by letter such chairpersons and ranking members every 30 days until the publication of such report. ``(c) Definition.--For the purposes of this section, the term `regulation' has the meaning given the term `rule' in section 551(4) of title 5, United States Code.''. (b) Effective Dates.-- (1) Reform measures.--The Federal Communications Commission shall carry out section 5A(a) of the Communications Act of 1934 (as added by subsection (a)) within 6 months after the date of enactment of this Act. (2) Statistical reports schedule.--The Federal Communications Commission shall carry out section 5A(b) of the Communications Act of 1934 (as added by subsection (a)) within 3 months after the date of enactment of this Act. (3) Exception.--Notwithstanding paragraph (1), in promulgating rules to carry out section 5A(a) of the Communications Act of 1934 (as added by subsection (a)), the Federal Communications Commission shall comply with the requirements of paragraphs (1), (2), and (4) of section 5A(a) of the Communications Act of 1934 (as added by subsection (a)). SEC. 2. EFFECT ON OTHER LAWS. Nothing in this Act, including the amendments made by this Act, shall absolve the Federal Communications Commission from any obligations under title 5, United States Code.

Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC), subject to exception, to promulgate regulations requiring before adopting, modifying, or deleting a final regulation: (1) publication of the specific regulation language; and (2) specific time periods for comments, replying to comments, and deadlines for comments. Requires the FCC to: (1) ensure adequate review time; (2) establish action deadlines; (3) publish any actions within 30 days; and (4) submit specified notifications to specified congressional committees. Requires the FCC to annually publish the release schedule for all regular or intermittent FCC statistical reports and to notify the chairpersons and ranking members of specified congressional committees of the reason for any delay.

To improve public participation and overall decision-making at the Federal Communications Commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crane Conservation Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) crane populations in many countries have experienced serious decline in recent decades, a trend that, if continued at the current rate, threatens the long-term survival of the species in the wild in Africa, Asia, and Europe; (2) 5 species of Asian crane are listed as endangered species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) and appendix I of the Convention, which species are-- (A) the Siberian crane (Grus leucogeranus); (B) the red-crowned crane (Grus japonensis); (C) the white-naped crane (Grus vipio); (D) the black-necked crane (Grus nigricollis); and (E) the hooded crane (Grus monacha); (3) the Crane Action Plan of the International Union for the Conservation of Nature considers 4 species of cranes from Africa and 1 additional species of crane from Asia to be seriously threatened, which species are-- (A) the wattled crane (Bugeranus carunculatus); (B) the blue crane (Anthropoides paradisea); (C) the grey-crowned crane (Balearica regulorum); (D) the black-crowned crane (Balearica pavonina); and (E) the sarus crane (Grus antigone); (4)(A) the whooping crane (Grus americana) and the Mississippi sandhill crane (Grus canadensis pulla) are listed as endangered species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); and (B) with fewer than 200 whooping cranes in the only self- sustaining flock that migrates between Canada and the United States, and approximately 100 Mississippi sandhill cranes in the wild, both species remain vulnerable to extinction; (5) conservation resources have not been sufficient to cope with the continued diminution of crane populations from causes that include hunting and the continued loss of habitat; (6)(A) cranes are flagship species for the conservation of wetland, grassland, and agricultural landscapes that border wetland and grassland; and (B) the establishment of crane conservation programs would result in the provision of conservation benefits to numerous other species of plants and animals, including many endangered species; (7) other threats to cranes include-- (A) the collection of eggs and juveniles; (B) poisoning from insecticides applied to crops; (C) collisions with power lines; (D) disturbance from warfare and human settlement; and (E) the trapping of live birds for sale; (8) to reduce, remove, and otherwise effectively address those threats to cranes in the wild, the joint commitment and effort of countries in Africa, Asia, and North America, other countries, and the private sector, are required; (9) cranes are excellent ambassadors to promote goodwill among countries because they are well known and migrate across continents; (10) because the threats facing cranes and habitats of cranes are similar on all 5 continents on which cranes occur, conservation successes and methods developed in 1 region have wide applicability in other regions; and (11) conservationists in the United States have much to teach and much to learn from colleagues working in other countries in which, as in the United States, government and private agencies cooperate to conserve threatened cranes. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to perpetuate healthy populations of cranes; (2) to assist in the conservation and protection of cranes by supporting-- (A) conservation programs in countries in which endangered and threatened cranes occur; and (B) the efforts of private organizations committed to helping cranes; and (3) to provide financial resources for those programs and efforts. SEC. 4. DEFINITIONS. In this Act: (1) Conservation.-- (A) In general.--The term ``conservation'' means the use of any method or procedure necessary to ensure that the population of a species of crane in the wild is sufficient to ensure that the species does not become extinct, as determined by the Secretary. (B) Inclusions.--The term ``conservation'' includes the carrying out of any activity associated with scientific resource management, such as-- (i) protection, restoration, acquisition, and management of habitat; (ii) research and monitoring of known populations; (iii) the provision of assistance in the development of management plans for managed crane ranges; (iv) enforcement of the Convention; (v) law enforcement and habitat protection through community participation; (vi) reintroduction of cranes to the wild; (vii) conflict resolution initiatives; and (viii) community outreach and education. (2) Convention.--The term ``Convention'' has the meaning given the term in section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532). (3) Fund.--The term ``Fund'' means the Crane Conservation Fund established by section 6(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. CRANE CONSERVATION ASSISTANCE. (a) In General.--Subject to the availability of appropriations and in consultation with other appropriate Federal officials, the Secretary shall use amounts in the Fund to provide financial assistance for projects relating to the conservation of cranes for which project proposals are approved by the Secretary in accordance with this section. (b) Project Proposals.-- (1) Applicants.-- (A) In general.--An applicant described in subparagraph (B) that seeks to receive assistance under this section to carry out a project relating to the conservation of cranes shall submit to the Secretary a project proposal that meets the requirements of this section. (B) Eligible applicants.--An applicant described in this subparagraph is-- (i) any relevant wildlife management authority of a country that-- (I) is located within the African, Asian, European, or North American range of a species of crane; and (II) carries out 1 or more activities that directly or indirectly affect crane populations; (ii) the Secretariat of the Convention; and (iii) any person or organization with demonstrated expertise in the conservation of cranes. (2) Required elements.--A project proposal submitted under paragraph (1)(A) shall include-- (A) a concise statement of the purpose of the project; (B)(i) the name of each individual responsible for conducting the project; and (ii) a description of the qualifications of each of those individuals; (C) a concise description of-- (i) methods to be used to implement and assess the outcome of the project; (ii) staff and community management for the project; and (iii) the logistics of the project; (D) an estimate of the funds and the period of time required to complete the project; (E) evidence of support for the project by appropriate government entities of countries in which the project will be conducted, if the Secretary determines that such support is required to ensure the success of the project; (F) information regarding the source and amount of matching funding available for the project; and (G) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project to receive assistance under this Act. (c) Project Review and Approval.-- (1) In general.--The Secretary shall-- (A) not later than 30 days after receiving a final project proposal, provide a copy of the proposal to other appropriate Federal officials; and (B) review each project proposal in a timely manner to determine whether the proposal meets the criteria described in subsection (d). (2) Consultation; approval or disapproval.--Not later than 180 days after receiving a project proposal, and subject to the availability of appropriations, the Secretary, after consulting with other appropriate Federal officials, shall-- (A) consult on the proposal with the government of each country in which the project is to be carried out; (B) after taking into consideration any comments resulting from the consultation, approve or disapprove the proposal; and (C) provide written notification of the approval or disapproval to-- (i) the applicant that submitted the proposal; (ii) other appropriate Federal officials; and (iii) each country described in subparagraph (A). (d) Criteria for Approval.--The Secretary may approve a project proposal under this section if the Secretary determines that the proposed project will enhance programs for conservation of cranes by assisting efforts to-- (1) implement conservation programs; (2) address the conflicts between humans and cranes that arise from competition for the same habitat or resources; (3) enhance compliance with the Convention and other applicable laws that-- (A) prohibit or regulate the taking or trade of cranes; or (B) regulate the use and management of crane habitat; (4) develop sound scientific information on, or methods for monitoring-- (A) the condition of crane habitat; (B) crane population numbers and trends; or (C) the current and projected threats to crane habitat and population numbers and trends; (5) promote cooperative projects on the issues described in paragraph (4) among-- (A) governmental entities; (B) affected local communities; (C) nongovernmental organizations; or (D) other persons in the private sector; (6) carry out necessary scientific research on cranes; (7) reintroduce cranes successfully back into the wild, including propagation of a sufficient number of cranes required for this purpose; or (8) provide relevant training to, or support technical exchanges involving, staff responsible for managing cranes or habitats of cranes, to enhance capacity for effective conservation. (e) Project Sustainability; Matching Funds.--To the maximum extent practicable, in determining whether to approve a project proposal under this section, the Secretary shall give preference to a proposed project-- (1) that is designed to ensure effective, long-term conservation of cranes and habitats of cranes; or (2) for which matching funds are available. (f) Project Reporting.-- (1) In general.--Each person that receives assistance under this section for a project shall submit to the Secretary, at such periodic intervals as are determined by the Secretary, reports that include all information that the Secretary, after consulting with other appropriate government officials, determines to be necessary to evaluate the progress and success of the project for the purposes of-- (A) ensuring positive results; (B) assessing problems; and (C) fostering improvements. (2) Availability to the public.--Each report submitted under paragraph (1), and any other documents relating to a project for which financial assistance is provided under this Act, shall be made available to the public. (g) Panel.--As soon as practicable after the date of enactment of this Act, and biennially thereafter, the Secretary shall convene a panel of experts, including specialists on cranes and wetland, to identify the greatest needs with respect to the conservation of cranes. SEC. 6. CRANE CONSERVATION FUND. (a) Establishment.--There is established in the Multinational Species Conservation Fund established by the matter under the heading ``MULTINATIONAL SPECIES CONSERVATION FUND'' in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 (112 Stat. 2681-237; 16 U.S.C. 4246) a separate account to be known as the ``Crane Conservation Fund'', consisting of-- (1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e); (2) amounts appropriated to the Fund under section 7; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures From Fund.-- (1) In general.--Subject to paragraphs (2) and (3), upon request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to provide assistance under section 5. (2) Administrative expenses.--Of the amounts in the Fund available for each fiscal year, the Secretary may expend not more than 3 percent, or $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act. (3) Limitation.--Not more than 50 percent of the amounts made available from the Fund for any fiscal year may be used for projects relating to the conservation of North American crane species. (c) Investments of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section 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. (2) 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. (e) Acceptance and Use of Donations.-- (1) In general.--The Secretary may accept and use donations to provide assistance under section 5. (2) Transfer of donations.--Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit in the Fund. SEC. 7. ADVISORY GROUP. (a) In General.--To assist in carrying out this Act, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of cranes. (b) Public Participation.-- (1) Meetings.--The advisory group shall-- (A) ensure that each meeting of the advisory group is open to the public; and (B) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda. (2) Notice.--The Secretary shall provide to the public timely notice of each meeting of the advisory group. (3) Minutes.--Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Fund $3,000,000 for each of fiscal years 2004 through 2007, to remain available until expended.

Crane Conservation Act of 2003 - Requires the Secretary of the Interior to provide financial assistance for approved projects relating to the conservation of cranes, using amounts in the Crane Conservation Fund established by this Act.Allows a project proposal to be submitted by: (1) any wildlife management authority of a country that is located in the African, Asian, European, or North American range of a species of crane and carries out at least one activity that affects crane populations; (2) the Secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and (3) any person or organization with demonstrated expertise in the conservation of cranes.Establishes the Crane Conservation Fund in the Multinational Species Conservation Fund.Authorizes the Secretary to convene an advisory group representing public and private organizations actively involved in the conservation of cranes to assist in carrying out this Act.

To assist in the conservation of cranes by supporting and providing, through projects of persons and organizations with expertise in crane conservation, financial resources for the conservation programs of countries the activities of which directly or indirectly affect cranes.

SECTION 1. FINDINGS. The Congress finds that as the Nation approaches May 17, 2004, marking the 50th anniversary of the Supreme Court decision in Oliver L. Brown et al. v. Board of Education of Topeka, Kansas et al., it is appropriate to establish a national commission to plan and coordinate the commemoration of that anniversary. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Brown v. Board of Education 50th Anniversary Commission'' (referred to in this Act as the ``Commission''). SEC. 3. DUTIES. In order to commemorate the 50th anniversary of the Brown decision, the Commission shall-- (1) in conjunction with the Department of Education, plan and coordinate public education activities and initiatives, including public lectures, writing contests, and public awareness campaigns, through the Department of Education's ten regional offices; and (2) in cooperation with the Brown Foundation for Educational Equity, Excellence, and Research in Topeka, Kansas (referred to in this Act as the ``Brown Foundation''), and such other public or private entities as the Commission considers appropriate, encourage, plan, develop, and coordinate observances of the anniversary of the Brown decision. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed as follows: (1) Two representatives of the Department of Education appointed by the Secretary of Education, one of whom shall serve as one of two Co-chairpersons of the Commission. (2) Two representatives of the Department of Justice appointed by the Attorney General, one of whom shall serve as one of two Co- chairpersons of the Commission. (3) Eleven individuals appointed by the President after receiving recommendations as follows: (A)(i) The Members of the Senate from each State described in clause (iii) shall each submit the name of one individual from the State to the majority leader and minority leader of the Senate. (ii) After review of the submissions made under clause (i), the majority leader of the Senate, in consultation with the minority leader of the Senate, shall recommend to the President five individuals, one from each of the States described in clause (iii). (iii) The States described in this clause are the States in which the lawsuits decided by the Brown decision were originally filed (Delaware, Kansas, South Carolina, and Virginia), and the State of the first legal challenge involved (Massachusetts). (B)(i) The Members of the House of Representatives from each State described in subparagraph (A)(iii) shall each submit the name of one individual from the State to the Speaker of the House of Representatives and the minority leader of the House of Representatives. (ii) After review of the submissions made under clause (i), the Speaker of the House of Representatives, in consultation with the minority leader of the House of Representatives, shall recommend to the President five individuals, one from each of the States described in subparagraph (A)(iii). (C) The Delegate to the House of Representatives from the District of Columbia shall recommend to the President one individual from the District of Columbia. (4) Two representatives of the judicial branch of the Federal Government appointed by the Chief Justice of the United States Supreme Court. (5) Two representatives of the Brown Foundation. (6) Two representatives of the NAACP Legal Defense and Education Fund. (7) One representative of the Brown v. Board of Education National Historic Site. (b) Terms.--Members of the Commission shall be appointed for the life of the Commission. (c) Vacancies.--A vacancy in the Commission shall be filled in the same manner as the original appointment. (d) Compensation.-- (1) In general.--Members of the Commission shall serve without pay. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (e) Quorum.--A majority of members of the Commission shall constitute a quorum. (f) Meetings.--The Commission shall hold its first meeting not later than 6 months after the date of the enactment of this Act. The Commission shall subsequently meet at the call of a Co-chairperson or a majority of its members. (g) Executive Director and Staff.--The Commission may secure the services of an executive director and staff personnel as it considers appropriate. SEC. 5. POWERS. (a) Powers of Members and Agents.--Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take under this Act. (b) Gifts and Donations.-- (1) Authority to accept.--The Commission may accept and use gifts or donations of money, property, or personal services. (2) Disposition of property.--Any books, manuscripts, miscellaneous printed matter, memorabilia, relics, or other materials donated to the Commission which relate to the Brown decision, shall, upon termination of the Commission-- (A) be deposited for preservation in the Brown Foundation Collection at the Spencer Research Library at the University of Kansas in Lawrence, Kansas; or (B) be disposed of by the Commission in consultation with the Librarian of Congress, and with the express consent of the Brown Foundation and the Brown v. Board of Education National Historic Site. (c) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 6. REPORTS. (a) Interim Reports.--The Commission shall transmit interim reports to the President and the Congress not later than December 31 of each year. Each such report shall include a description of the activities of the Commission during the year covered by the report, an accounting of any funds received or expended by the Commission during such year, and recommendations for any legislation or administrative action which the Commission considers appropriate. (b) Final Report.--The Commission shall transmit a final report to the President and the Congress not later than December 31, 2004. Such report shall include an accounting of any funds received or expended, and the disposition of any other properties, not previously reported. SEC. 7. TERMINATION. (a) Date.--The Commission shall terminate on such date as the Commission may determine, but not later than February 1, 2005. (b) Disposition of Funds.--Any funds held by the Commission on the date the Commission terminates shall be deposited in the general fund of the Treasury. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $250,000 for the period encompassing fiscal years 2003 and 2004 to carry out this Act, to remain available until expended. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Establishes the Brown v. Board of Education 50th Anniversary Commission to commemorate the 50th anniversary of the Supreme Court decision in Oliver L. Brown et al. v. Board of Education of Topeka, Kansas et al.Authorizes appropriations.

To establish a commission for the purpose of encouraging and providing for the commemoration of the 50th anniversary of the Supreme Court decision in Brown v. Board of Education.

SECTION 1. ESTABLISHMENT OF PREVENTIVE HEALTH CARE EXAMINATIONS. (a) Coverage of Preventive Health Care Examinations.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended by inserting ``and'' at the end of paragraph (M) and adding at the end thereof the following: ``(N) colon cancer preventive screening examination which shall be limited to either fecal occult blood tests on an annual basis, or sigmoidoscopy examination on an biannual basis, furnished to an individual to assist in the preventive and early diagnose of colon cancer; and ``(O) physical examination, associated blood tests, and such other tests performed by a physician, or qualified health care professional, on an annual basis in the preventive and early diagnose of prostate cancer; and ``(P) bone mass measurements (including but not limited to radiographic absorptiometry, single-energy photon absorptiometry or single-energy x-ray absorptiometry, dual-energy x-ray absorptiometry and quantitative computed tomography), and such other tests as deemed appropriate by the Secretary of Health and Human Services, in the preventive and early diagnose of osteoporosis.''. (b) Contingent Effective Date; Demonstration Project.-- (1) The amendments made by this section shall become effective (if at all) in accordance with paragraph (2). (2) The Secretary of Health and Human Services (in this paragraph referred to as the ``Secretary'') shall establish a demonstration project to begin on October 1, 1994, to test the cost-effectiveness of furnishing colon, prostrate, and uterine cancer preventive screening examinations (in this paragraph referred to as ``preventive health care examinations'') under the medicare program to the extent provided under the amendments made by this section to a sample group of medicare beneficiaries. (B)(i) The demonstration project under subparagraph (A) shall be conducted for an initial period of twenty- four months. Not later than October 1, 1996, the Secretary shall report to the Congress on the results of such project. If the Secretary finds, on the basis of existing data, that furnishing any of these examinations under the Medicare program to the extent provided under the amendments made by this section is cost-effective, and useful in decreasing incidents of such cancers, the Secretary shall include such finding in such report, such project shall be discontinued, and the amendments made by this section shall become effective on November 1, 1966. (ii) If the Secretary determines that such finding cannot be made on the basis of existing data, such project shall continue for an additional twenty-four months. Not later than April 1, 1998, the Secretary shall submit a final report to Congress on the results of such project. The amendments made by this section shall become effective on the first day of the first month to begin after such report is submitted to the Congress unless the report contains a finding by the Secretary that furnishing preventive health care examinations under the amendments made by this section is not cost effective or does not reduce the incidence of such cancers (in which case the amendments made by this section shall not become effective). (3) In conducting the demonstration project in order to determine the cost effectiveness and effectiveness in reducing the incidence of such cancers of including preventive health care examinations in the medicare program, the Secretary is required to conduct a demonstration of the provision of preventive health care examinations as a service for medicare beneficiaries and to expend $15,000,000 each year of the demonstration project for this purpose. In conducting this demonstration, the Secretary is authorized to reimburse for such services in large scale demonstration projects, including statewide projects. In determining cost effectiveness, the Secretary shall consider the direct cost of providing such services, the utilization of such services which might otherwise not have occurred, the costs of illnesses and nursing home days avoided, and other relevant factors, except that extended life for beneficiaries shall not be considered to reduce the cost effectiveness of preventive health care examinations.

Amends title XVIII (Medicare) of the Social Security Act to cover preventive health care examinations for colon and prostate cancer and osteoporosis. Directs the Secretary of Health and Human Services to establish a demonstration project to test the cost-effectiveness of furnishing colon, prostate, and uterine cancer preventive screening examinations to a sample group of Medicare beneficiaries.

To provide for a four year demonstration project under Medicare which shall establish a preventive health care screening examination program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Counter-Narcotics Policy Review Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The consumption of narcotics in the United States is a serious problem that is ravaging the United States, especially America's youth. (2) Despite the dedicated and persistent efforts of the United States and other nations, international narcotics trafficking and consumption remains a serious problem. (3) The total eradication of international narcotics trafficking requires a long-term strategy that necessitates close international cooperation. (4) The annual certification process relating to international narcotics control under section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) is flawed because-- (A) the process fails to enhance international cooperation; (B) the process reviews narcotics control efforts only on an annual basis and fails to enumerate long- term goals and objectives; (C) the process is not a comprehensive review of all countries that contribute to international narcotics trafficking; and (D) the process fails to account for the divergent economic, political, and social circumstances of countries under review which can influence the decision by the United States to decertify a foreign nation, thereby leading to unpredictability, non-transparency, and lack of international credibility in the process. (5) The problem of international narcotics trafficking is not being effectively addressed by the annual certification process under section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j). SEC. 3. ESTABLISHMENT. There is established a commission to be known as the High Level Commission on International Narcotics Control (hereinafter referred to as the ``Commission''). SEC. 4. DUTIES. The Commission shall conduct a review of the annual certification process relating to international narcotics control under section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) to determine the effectiveness of such process in curtailing international drug trafficking, the effectiveness of such process in enhancing international counter-narcotics cooperation, and the effectiveness of such process in reducing drug use and consumption within the United States. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall consist of 12 members, as follows: (1) The Secretary of State or the Secretary's designee. (2) The Secretary of the Treasury or the Secretary's designee. (3) The Attorney General or the Attorney General's designee. (4) The Director of the Office of National Drug Control Policy or the Director's designee. (5) The Director of the Drug Enforcement Administration or the Director's designee. (6) The Director of Central Intelligence or the Director's designee. (7) The following Members of Congress appointed not later than 30 days after the date of the enactment of this Act as follows: (A)(i) 2 Members of the House of Representatives appointed by the Speaker of the House of Representatives. (ii) 1 member of the House of Representatives appointed by the minority leader of the House of Representatives. (B)(i) 2 Members of the Senate appointed by the majority leader of the Senate. (ii) 1 member of the Senate appointed by the minority leader of the Senate. (b) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (c) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Chairperson.--The Director of the Office of National Drug Control Policy (or the Director's designee) shall serve as the Chairperson of the Commission until such time as the members of the Commission can elect a Chairperson. (e) Basic Pay.--Each member shall serve without pay. Each member 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) Quorum.--A majority of the members shall constitute a quorum for the transaction of business. (g) Meetings.--The Commission shall meet at the call of the chairperson. SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall have a director who shall be appointed by the chairperson subject to rules prescribed by the Commission. (b) Staff.--Subject to rules prescribed by the Commission, the chairperson may appoint and fix the pay of such additional personnel as the chairperson considers appropriate. (c) Applicability of Certain Civil Service Laws.--The director and staff of the Commission may be appointed without regard to title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the requirements of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for GS-15 of the General Schedule. (d) Experts and Consultants.--The chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-15 of the General Schedule. (e) Staff of Federal Agencies.--Upon request of the chairperson, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out its duties. SEC. 7. POWERS. (a) Obtaining Official Data.--The chairperson may secure directly from any Federal agency information necessary to enable the Commission to carry out its duties. Upon request of the chairperson, the head of the agency shall furnish such information to the Commission to the extent such information is not prohibited from disclosure by law. (b) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (c) Administrative Support Services.--Upon the request of the chairperson, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties. (d) Contract Authority.--The chairperson may contract with and compensate government and private agencies or persons for the purpose of conducting research, surveys, and other services necessary to enable the Commission to carry out its duties. SEC. 8. REPORTS. (a) Interim Report.--Not later than 6 months after the date of the enactment of this Act, the Commission shall prepare and submit to the President and the Congress an interim report on the following: (1) The overall effectiveness of the annual certification process relating to international narcotics control under section 490 of the Foreign Assistance Act of 1961 (22 U.S.C 2291j) in curtailing international drug trafficking. (2) The impact of such annual certification process in enhancing international counternarcotics cooperation. (3) The transparency and predictability of such annual certification process. (b) Final Report.--Not later than 1 year after the date of the enactment of this Act, the Commission shall prepare and submit to the President and the Congress a final report that, at a minimum, contains the following: (1) Information that meets the requirements of the information described in the initial report under subsection (a) and that has been updated since the date of the submission of the interim report, as appropriate. (2) Recommendations for actions that are necessary-- (A) to eliminate international narcotics trafficking; (B) to improve cooperation among countries in efforts to curtail international narcotics trafficking, including necessary steps to identify all areas in which inter-American cooperation can be initiated and institutionalized; and (C) to improve the transparency and predictability of the annual certification process relating to international narcotics control under section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j). (3) Any additional measures to win the war on drugs. (5) Any other related information that the Commission considers to be appropriate. (c) Additional Recommendations.--In the event the Commission determines the annual certification process relating to international narcotics control under section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) to be ineffective in curtailing international narcotics trafficking or in enhancing international cooperation to combat such trafficking, the Commission shall include in the final report under subsection (b) its recommendation for alternatives to such process in either legislative or nonlegislative form that are designed to replace such process and to improve international cooperation in curtailing international narcotics trafficking. SEC. 9. TERMINATION. The Commission shall terminate 6 months after the date on which the Commission submits its final report under section 8(b). SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as may be necessary to carry out this Act. (b) Availability.--Amounts authorized to be appropriated under subsection (a) are authorized to remain available until expended.

Counter-Narcotics Policy Review Act - Establishes the High Level Commission on International Narcotics Control to determine and report to the Congress on the effectiveness of the annual certification process relating to international narcotics control in curtailing international drug trafficking and in reducing drug use and consumption within the United States. Authorizes appropriations.

Counter-Narcotics Policy Review Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Sexual Assault Crimes Revision Act of 2004''. SEC. 2. MILITARY SEXUAL ABUSE. (a) Sexual Abuse.--Section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended to read as follows: ``Sec. 920. Art. 120. Sexual abuse ``(a) Any person subject to this chapter who knowingly causes another person to engage in a sexual act-- ``(1) by using force against that other person; or ``(2) by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; is guilty of aggravated sexual abuse and shall be punished as a court- martial may direct. ``(b) Any person subject to this chapter who knowingly-- ``(1) renders another person unconscious and thereby engages in a sexual act with that other person; or ``(2) administers to another person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or other similar substance and thereby-- ``(A) substantially impairs the ability of that other person to appraise or control conduct; and ``(B) engages in a sexual act with that other person; is guilty of aggravated sexual abuse and shall be punished as a court- martial may direct. ``(c) Any person subject to this chapter who knowingly engages in a sexual act with another person who has not attained the age of twelve years is guilty of aggravated sexual abuse of a child and shall be punished as a court-martial may direct. In a prosecution under this subsection, it need not be proven that the accused knew that the other person engaging in the sexual act had not attained the age of twelve years. ``(d) Any person subject to this chapter who knowingly-- ``(1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping); or ``(2) engages in a sexual act with another person if that other person is-- ``(A) incapable of appraising the nature of the conduct; or ``(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; is guilty of sexual abuse and shall be punished as a court-martial may direct. ``(e)(1) Any person subject to this chapter who knowingly engages in a sexual act with another person who-- ``(A) has attained the age of twelve years but has not attained the age of sixteen years; ``(B) is at least four years younger than the person so engaging; and ``(C) is not that person's spouse; is guilty of sexual abuse of a minor and shall be punished as a court- martial may direct. ``(2) In a prosecution under this subsection, it need not be proven that the accused knew the age of the other person engaging in the sexual act or that the requisite age difference existed between the persons so engaging. ``(3) In a prosecution under this subsection, it is an affirmative defense that the accused reasonably believed that the other person had attained the age of sixteen years. The accused has the burden of proving a defense under this paragraph by a preponderance of the evidence. ``(f) Any person subject to this chapter who knowingly engages in a sexual act with another person who is-- ``(1) in official detention or confinement; and ``(2) under the custodial, supervisory, or disciplinary authority of the person so engaging; and ``(3) is not that person's spouse; is guilty of sexual abuse of a ward and shall be punished as a court- martial may direct. ``(g) In this section, the term `sexual act' means-- ``(1) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; ``(2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; ``(3) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or ``(4) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of sixteen years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.''. (b) Conforming Amendments.-- (1) Murder.--Section 918(4) of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended by striking ``sodomy, rape,'' and inserting ``aggravated sexual abuse, aggravated sexual abuse of a child,''. (2) Sodomy.--Section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice), is repealed. (c) Clerical Amendments.--The table of sections at the beginning of chapter 47 of title 10, United States Code, is amended-- (1) by striking the item relating to section 925; and (2) by striking the item relating to section 920 and inserting the following new item: ``920. Art. 120. Sexual abuse.''. (d) Effective Date.--The amendments made by this section shall apply with respect to offenses committed after the date of the enactment of this Act.

Military Sexual Assault Crimes Revision Act of 2004 - Amends the Uniform Code of Military Justice to rewrite current provisions concerning the military crime of rape and carnal knowledge to conform with Federal sexual assault crimes. Makes it a crime (aggravated sexual abuse) not only to use force to engage in a sexual act, but to obtain a sexual act by threatening or placing a person in fear that any person will otherwise be subjected to death, serious bodily injury, or kidnapping. Includes within the act of aggravated sexual abuse: (1) rendering another person unconscious, or administering a drug or intoxicant, prior to engaging in a sexual act; and (2) engaging in a sexual act with a person under 12 years of age. Defines as the military crime of sexual abuse when a person: (1) causes another person to engage in a sexual act by threatening or placing that other person in fear; (2) engages in a sexual act with another person who is incapable of either appraising the nature of the conduct or declining such participation; or (3) engages in a sexual act with a person over 12 but under 16, or at least four years younger than the person. States that, in the prosecution of either type of sexual abuse, it need not be proven that a person knew the age of the other person engaging in the sexual act, or the requisite age difference. Requires the accused to prove as an affirmative defense that the accused believed the other person to be at least 16 years of age. Makes the above crimes punishable by court-martial.

To amend chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), to bring military sexual assault crimes into parallel with Federal sexual assault crimes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drinking Water Infrastructure for Job Creation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Investments in infrastructure create jobs while fulfilling critical needs in communities throughout the United States. (2) According to the Brookings Institution, nearly 14.5 million workers--11 percent of the U.S. workforce--were employed in infrastructure jobs in 2013. (3) According to data from the Brookings Institution, infrastructure occupations often provide more competitive and equitable wages in comparison to all jobs nationally, consistently paying up to 30 percent more to low-income workers over the past decade. (4) The American Society of Civil Engineers gave the infrastructure of the United States an overall grade of ``D+'' in 2017 and estimated that the United States will need to invest $4.59 trillion by 2025 in order to improve the condition of the Nation's infrastructure and bring it to a state of good repair. (5) The American Society of Civil Engineers assigned a ``D'' grade to the Nation's drinking water infrastructure and a ``D+'' grade to the Nation's wastewater infrastructure and estimated that the United States will need to invest $150 billion by 2025 to bring them to a state of good repair. (6) According to the American Society of Civil Engineers, there are an estimated 240,000 water main breaks per year in the United States, wasting over two trillion gallons of treated drinking water. (7) In 2016, the U.S. Environmental Protection Agency (EPA) reported that although exposure to lead can cause serious health problems, including damage to the brain and nervous system in children and kidney problems and high blood pressure in adults, an estimated 6.5 to 10 million homes nationwide receive drinking water through lead service lines. (8) Congress created the Drinking Water State Revolving Funds in 1996 to help eligible public water systems finance infrastructure projects in order to comply with Federal drinking water regulations and meet the health objectives of the Safe Drinking Water Act. (9) The EPA is required periodically to conduct a survey of the capital improvement needs of eligible public water systems and distribute funding appropriated for the Drinking Water State Revolving Funds among the States based on the results of the most recent survey. (10) In 2013, the EPA completed the most recent survey of the capital improvement needs of eligible public water systems and estimated that $384 billion in improvements are needed for the Nation's drinking water infrastructure over 20 years in order to ensure the safety of drinking water. (11) The American Recovery and Reinvestment Act of 2009 (Public Law 111-5) included $2 billion in emergency supplemental appropriations for the Drinking Water State Revolving Funds to enable States to provide grants and financing assistance to eligible public water systems in order to improve drinking water infrastructure in communities throughout the United States. (12) Past appropriations for the Drinking Water State Revolving Funds are not sufficient to address the tremendous need for investments in drinking water infrastructure in communities throughout the United States. (13) Appropriating $7.5 billion in fiscal year 2017 for the Drinking Water State Revolving Funds, and allowing the funds to remain available for 6 years, will enable States to begin immediately to expand investments in drinking water infrastructure in communities throughout the United States. (14) Restricting appropriations for the Drinking Water State Revolving Funds through the use of arbitrary budget caps or sequestration undermines economic recovery and job creation efforts; disrupts planning by States, local communities, and eligible public water systems; and leaves critical infrastructure needs unmet. (15) Emergency supplemental appropriations for the Drinking Water State Revolving Funds, provided in addition to other appropriations and not subject to sequestration, will improve drinking water infrastructure and create jobs throughout the United States without reducing funding for other domestic priorities. (16) An emergency supplemental appropriation of $7.5 billion for the Drinking Water State Revolving Funds to be made available in fiscal year 2017, and to remain available for 6 years, will allow States to begin immediately to distribute funds to eligible public water systems and allow local communities and eligible public water systems to develop and implement plans to improve drinking water infrastructure, thus ensuring an efficient use of funds and timely job creation. SEC. 3. SUPPLEMENTAL APPROPRIATIONS FOR THE DRINKING WATER STATE REVOLVING FUNDS. The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2017: ENVIRONMENTAL PROTECTION AGENCY State and Tribal Assistance Grants For an additional amount for capitalization grants under section 1452 of the Safe Drinking Water Act in accordance with the provisions under this heading in title VII of division A of Public Law 111-5, $7,500,000,000, to remain available through September 30, 2022: Provided, That the amount under this heading is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, except that such amount shall be available only if the President subsequently so designates such amount and transmits such designation to the Congress. SEC. 4. EXEMPTION FROM SEQUESTRATION. The appropriation in section 3 shall be exempt from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985.

Drinking Water Infrastructure for Job Creation Act This bill provides $7.5 billion in supplemental FY2017 appropriations to the Environmental Protection Agency to remain available through FY2022 for capitalization grants to the Drinking Water State Revolving Funds. (The program assists public water systems in financing infrastructure projects needed to comply with federal drinking water regulations and meet health objectives under the Safe Drinking Water Act.) The funding provided by this bill is designated as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985. The emergency funding is exempt from discretionary spending limits and is only available if the President subsequently designates the amounts as an emergency and submits the designation to Congress. The bill also exempts the funding from sequestration. (Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.)

Drinking Water Infrastructure for Job Creation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nutria Eradication and Control Act of 2011''. SEC. 2. FINDINGS; PURPOSE. Section 2 of the Nutria Eradication and Control Act of 2003 (Public Law 108-16; 117 Stat. 621) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``and in Louisiana'' and inserting ``, the State of Louisiana, and other coastal States''; (B) in paragraph (2), by striking ``in Maryland and Louisiana on Federal, State, and private land'' and inserting ``on Federal, State, and private land in the States of Maryland and Louisiana and in other coastal States''; and (C) by striking paragraphs (3) and (4) and inserting the following: ``(3) This Act authorizes the Maryland Nutria Project, which has successfully eradicated nutria from more than 130,000 acres of Chesapeake Bay wetlands in the State of Maryland and facilitated the creation of voluntary, public-private partnerships and more than 406 cooperative landowner agreements. ``(4) This Act and the Coastal Wetlands Planning, Protection, and Restoration Act (16 U.S.C. 3951 et seq.) authorize the Coastwide Nutria Control Program, which has reduced nutria-impacted wetland acres in the State of Louisiana from 80,000 acres to 23,141 acres. ``(5) The proven techniques developed under this Act that are eradicating nutria in the State of Maryland and reducing the acres of nutria-impacted wetlands in the State of Louisiana should be applied to nutria eradication or control programs in other nutria-infested coastal States''; and (2) by striking subsection (b) and inserting the following: ``(b) Purpose.--The purpose of this Act is to authorize the Secretary of the Interior to provide financial assistance to the States of Delaware, Louisiana, Maryland, North Carolina, Oregon, Virginia, and Washington to carry out activities-- ``(1) to eradicate or control nutria; and ``(2) to restore nutria damaged wetlands.''. SEC. 3. DEFINITIONS. The Nutria Eradication and Control Act of 2003 (Public Law 108-16; 117 Stat. 621) is amended-- (1) by redesignating sections 3 and 4 as sections 4 and 5, respectively; and (2) by inserting after section 2 the following: ``SEC. 3. DEFINITIONS. ``In this Act: ``(1) Coastal state.--The term `coastal State' means each of the States of Delaware, Oregon, North Carolina, Virginia, and Washington. ``(2) Program.--The term `program' means the nutria eradication program established by section 4(a). ``(3) Public-private partnership.--The term `public-private partnership' means a voluntary, cooperative project undertaken by governmental entities or public officials and affected communities, local citizens, nongovernmental organizations, or other entities or persons in the private sector. ``(4) Secretary.--The term `Secretary' means the Secretary of the Interior.''. SEC. 4. NUTRIA ERADICATION PROGRAM. Section 4 of the Nutria Eradication and Control Act of 2003 (Public Law 108-16; 117 Stat. 621) (as redesignated by section 3) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) In General.--The Secretary may, subject to the availability of appropriations, provide financial assistance to the States of Maryland and Louisiana and the coastal States to implement measures-- ``(1) to eradicate or control nutria; and ``(2) to restore wetlands damaged by nutria.''; (2) in subsection (b)-- (A) in paragraph (1), by inserting ``the State of'' before ``Maryland''; (B) in paragraph (2), by striking ``other States'' and inserting ``the coastal States''; and (C) in paragraph (3), by striking ``marshland'' and inserting ``wetlands''; (3) in subsection (c)-- (A) by striking ``(c) Activities'' and inserting ``(c) Activities in the State of Maryland''; and (B) by inserting ``, and updated in March 2009'' before the period at the end; (4) in subsection (e), by striking ``financial assistance provided by the Secretary under this section'' and inserting ``the amounts made available under subsection (f) to carry out the program''; and (5) by striking subsection (f) and inserting the following: ``(f) Authorization of Appropriations.--Subject to subsection (e), for each of fiscal years 2012 through 2016, there are authorized to be appropriated to the Secretary to carry out the program such sums as are necessary.''. SEC. 5. REPORT. Section 5 of the Nutria Eradication and Control Act of 2003 (Public Law 108-16; 117 Stat. 621) (as redesignated by section 3) is amended-- (1) in paragraph (1), by striking ``2002 document entitled `Eradication Strategies for Nutria in the Chesapeake and Delaware Bay Watersheds'; and'' and inserting ``March 2009 update of the document entitled `Eradication Strategies for Nutria in the Chesapeake and Delaware Bay Watersheds' and originally dated March 2002;''; (2) in paragraph (2)-- (A) by striking ``develop'' and inserting ``continue''; and (B) by striking the period at the end and inserting ``; and''; and (3) by adding after paragraph (2) the following: ``(3) develop, in cooperation with the State of Delaware Department of Natural Resources and Environmental Control, the State of Virginia Department of Game and Inland Fisheries, the State of Oregon Department of Fish and Wildlife, the State of North Carolina Department of Environment and Natural Resources, and the State of Washington Department of Fish and Wildlife, long-term nutria control or eradication programs, as appropriate, with the objective of-- ``(A) significantly reducing and restoring the damage nutria cause to coastal wetlands in the coastal States; and ``(B) promoting voluntary, public-private partnerships to eradicate or control nutria and restoring nutria-damaged wetlands in the coastal States.''.

Nutria Eradication and Control Act of 2011 - Amends the Nutria Eradication and Control Act of 2003 to revise the nutria eradication program by authorizing the Secretary of the Interior to provide financial assistance to Delaware, Louisiana, Maryland, North Carolina, Oregon, Virginia, and Washington (currently only to Maryland and Louisiana). Establishes the goals of such Program as: (1) eradicating nutria in Maryland; (2) eradicating or controlling nutria in Louisiana, Delaware, North Carolina, Oregon, Virginia, and Washington; and (3) restoring wetlands damaged by nutria. Requires that the Maryland program consist of management, research, and public education activities carried out in accordance with the United States Fish and Wildlife Service's document entitled "Eradication Strategies for Nutria in the Chesapeake and Delaware Bay Watersheds" dated March 2002 and updated in March 2009. Authorizes appropriations for FY2012-FY2016. Requires the Secretary and the National Invasive Species Council to develop long-term nutria control or eradication programs to: (1) significantly reduce and restore nutria damaged wetlands in Delaware, Oregon, North Carolina, Virginia, and Washington; and (2) promote voluntary, public-private partnerships to eradicate or control nutria and restore nutria-damaged wetlands in such states.

To provide for the eradication and control of nutria.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Justice Act of 2000''. SEC. 2. ESTABLISHMENT. There is established the Fair Justice Agency (in this Act referred to as the ``Agency''), which shall be an independent agency in the executive branch of the Government. SEC. 3. DIRECTOR. (a) In General.--There is at the head of the Agency a Director, who shall be responsible for the exercise of all powers and the discharge of all duties of the Agency. (b) Appointment.--The Director shall be appointed for a term of ten years by the President, by and with the advice and consent of the Senate, from among persons who, by reason of general background and experience, are specially qualified to manage the full range of responsibilities of the Director. (c) Pay.-- (1) In general.--The Director shall be paid at the rate payable for level II of the Executive Schedule. (2) Conforming amendment.--Section 5313 of title 5, United States Code, is amended by adding at the end the following item: ``Director, Fair Justice Agency.''. (d) Travel Expenses.--The Director and individuals appointed under section 5(a) shall receive travel expenses in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Dismissal.-- (1) In general.--The Director may be dismissed only by the President for inefficiency, neglect of duty, or malfeasance in office. (2) Report.--Within five days after dismissing a Director under this subsection, the President shall submit to the Congress a report containing a detailed statement of the reasons for the dismissal. SEC. 4. INVESTIGATIVE AND PROSECUTORIAL AUTHORITY. (a) In General.--The Director may investigate and prosecute any alleged misconduct, criminal activity, corruption, or fraud by an officer or employee of the Department of Justice. (b) Specific Functions and Powers.--The authority of the Director under subsection (a) shall include the following: (1) Conducting proceedings before grand juries and other investigations. (2) Participating in court proceedings and engaging in any litigation, including civil and criminal matters, that the Director considers necessary. (3) Appealing any decision of a court in any case or proceeding in which the Director participates in an official capacity. (4) Reviewing all documentary evidence available from any source. (5) Determining whether to contest the assertion of any testimonial privilege. (6) Receiving appropriate national security clearances and, if necessary, contesting in court (including participating in camera proceedings) any claim of privilege or attempt to withhold evidence on grounds of national security. (7) Making applications to any Federal court for a grant of immunity to any witness, consistent with applicable statutory requirements, or for warrants, subpoenas, or other court orders, and for purposes of this Act exercising the authority of a United States attorney or the Attorney General under sections 6003, 6004, and 6005 of title 18, United States Code. (8) Inspecting, obtaining, or using the original or a copy of any tax return, in accordance with the applicable statutes and regulations, and, for purposes of this Act exercising the authority vested in a United States attorney or the Attorney General under section 6103 of the Internal Revenue Code of 1986 and the regulations issued thereunder. (9) Initiating and conducting prosecutions in any court of competent jurisdiction, framing and signing indictments, filing informations, and handling all aspects of any case, in the name of the United States. (10) Consulting with the United States attorney for the district in which any violation of law being investigated or prosecuted by the Director is alleged to have occurred. SEC. 5. OFFICERS AND EMPLOYEES (a) Officers and Employees.--The Director may appoint and fix the compensation of such officers and employees, including attorneys, as the Director considers appropriate. (b) Applicability of Certain Civil Service Laws.--Such officers and employees shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (c) Experts and Consultants.--The Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the maximum rate payable under the General Schedule. SEC. 6. ADMINISTRATIVE POWERS. (a) Rules.--The Director may prescribe such procedural and administrative rules and regulations as the Director deems necessary or appropriate to administer and manage the functions now or hereafter vested in the Director. (b) Reorganization.--The Director may establish, alter, consolidate, or discontinue such organizational units or components within the Agency as the Director considers appropriate. (c) Mails.--The Agency may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (d) Administrative Support Services.--Upon the request of the Director, the Administrator of General Services shall provide to the Agency, on a reimbursable basis, the administrative support services necessary for the Agency to carry out its responsibilities under this Act. (e) Contract Authority.--The Director may enter into and perform such contracts, leases, cooperative agreements, or other similar transactions with government and private agencies or persons for supplies and services, to the extent or in the amounts provided in advance in appropriation Acts. (f) Seal of Agency.--The Director shall cause a seal of office to be made for the Agency of such design as the Director shall approve. Judicial notice shall be taken of such seal. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director to carry out this Act $10,000,000 for fiscal year 2001, $15,000,000 for fiscal year 2002, and $20,000,000 for fiscal year 2003.

(Sec. 4) Sets forth provisions regarding: (1) investigative and prosecutorial authority of the Director; and (2) appointment and compensation of officers and employees. (Sec. 7) Authorizes appropriations.

Fair Justice Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Fairness in Medicare Home Health Access Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Home health care is a vital component of the medicare program under title XVIII of the Social Security Act. (2) Home health services provided under the medicare program enable medicare beneficiaries who are homebound and greatly risk costly institutionalized care to continue to live in their own homes and communities. (3) Implementation of the interim payment system for home health services has inadvertently exacerbated payment disparities for home health services among regions, penalizing efficient, low-cost providers in rural areas and providing insufficient compensation for the care of medicare beneficiaries with acute, medically complex conditions. (4) The combination of insufficient payments and new administrative changes has reduced the access of medicare beneficiaries to home health services in many areas by forcing home health agencies to provide fewer services, to shrink their service areas, or to limit the types of conditions for which they provide treatment. (b) Purposes.--The purposes of this Act are as follows: (1) To improve access to care for medicare beneficiaries with high medical needs by establishing a process for home health agencies to exclude services provided to medicare beneficiaries with acute, medically complex conditions from payment limits and to receive payment based on the reasonable costs of providing such services through a process that is feasible for the Health Care Financing Administration to administer. (2) To ensure that the 15 percent contingency reduction in medicare payments for home health services established under the Balanced Budget Act of 1997 does not occur under the interim payment system for home health services. (3) To reduce the scheduled 15 percent reduction in the cost limits and per beneficiary limits to 10 percent and to phase-in the additional 5 percent reduction in such limits after the initial 3 years of the prospective payment system for home health services. (4) To address the unique challenges of serving medicare beneficiaries in rural and underserved areas by increasing the per visit cost limit under the interim payment system for home health services. (5) To refine the home health consolidated billing provision to ensure that medicare beneficiaries requiring durable medical equipment services do not experience a break in the continuum of care during episodes of home health care. (6) To eliminate the requirement that home health agencies identify the length of time of a service visit in 15 minute increments. (7) To express the sense of the Senate that the Secretary of Health and Human Services should establish a uniform process for disseminating information to fiscal intermediaries to ensure timely and accurate information to home health agencies and beneficiaries. SEC. 3. ADEQUATELY ACCOUNTING FOR THE NEEDS OF MEDICARE BENEFICIARIES WITH ACUTE, MEDICALLY COMPLEX CONDITIONS. (a) Waiver of Per Beneficiary Limits for Outliers.--Section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), as amended by section 5101 of the Tax and Trade Relief Extension Act of 1998 (contained in Division J of Public Law 105-277), is amended-- (1) by redesignating clause (ix) as clause (x); and (2) by inserting after clause (viii) the following: ``(ix)(I) Notwithstanding the applicable per beneficiary limit under clause (v), (vi), or (viii), but subject to the applicable per visit limit under clause (i), in the case of a provider that demonstrates to the Secretary that with respect to an individual to whom the provider furnished home health services appropriate to the individual's condition (as determined by the Secretary) at a reasonable cost (as determined by the Secretary), and that such reasonable cost significantly exceeded such applicable per beneficiary limit because of unusual variations in the type or amount of medically necessary care required to treat the individual, the Secretary, upon application by the provider, shall pay to such provider for such individual such reasonable cost. ``(II) The total amount of the additional payments made to home health agencies pursuant to subclause (I) in any fiscal year shall not exceed an amount equal to 2 percent of the amounts that would have been paid under this subparagraph in such year if this clause had not been enacted.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act, and apply with respect to each application for payment of reasonable costs for outliers submitted by any home health agency for cost reporting periods ending on or after October 1, 1999. SEC. 4. PROTECTION OF THE ACCESS OF MEDICARE BENEFICIARIES TO HOME HEALTH SERVICES BY ADDRESSING THE 15 PERCENT CONTINGENCY REDUCTION IN INTERIM PAYMENTS FOR HOME HEALTH SERVICES. (a) Elimination of Contingency Reduction.--Section 4603 of the Balanced Budget Act of 1997 (42 U.S.C. 1395fff note), as amended by section 5101(c)(3) of the Tax and Trade Relief Extension Act of 1998 (contained in division J of Public Law 105-277), is amended by striking subsection (e). (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 251). SEC. 5. PROTECTION OF THE ACCESS OF MEDICARE BENEFICIARIES TO HOME HEALTH SERVICES THROUGH A PHASE-IN OF THE 15 PERCENT REDUCTION IN PROSPECTIVE PAYMENTS FOR HOME HEALTH SERVICES. (a) Phase-In of 15 Percent Reduction.--Section 1895(b)(3)(A)(ii) (42 U.S.C. 1395fff(b)), as amended by section 5101(c)(1)(B) of the Tax and Trade Relief Extension Act of 1998 (contained in division J of Public Law 105-277), is amended-- (1) in paragraph (3)(A)(ii), by striking ``15'' and inserting ``10''; and (2) by adding at the end the following: ``(7) Special rule for payments beginning with fiscal year 2004.--Beginning with fiscal year 2004, payment under this section shall be made as if `15' had been substituted for `10' in clause (ii) of paragraph (3)(A) when computing the initial basis under such paragraph.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act. SEC. 6. INCREASE IN PER VISIT COST LIMIT TO 112 PERCENT OF THE NATIONAL MEDIAN. Section 1861(v)(1)(L)(i) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(i)), as amended by section 5101(b) of the Tax and Trade Relief Extension Act of 1998 (contained in division J of Public Law 105-277), is amended-- (1) in subclause (IV), by striking ``or''; (2) in subclause (V)-- (A) by inserting ``and before October 1, 1999,'' after ``October 1, 1998,''; and (B) by striking the period and inserting ``, or''; and (3) by adding at the end the following: ``(VI) October 1, 1999, 112 percent of such median.''. SEC. 7. REFINEMENT OF HOME HEALTH AGENCY CONSOLIDATED BILLING. (a) In General.--Section 1842(b)(6)(F) of the Social Security Act (42 U.S.C. 1395u(b)(6)(F)) is amended by striking ``payment shall be made to the agency (without regard to whether or not the item or service was furnished by the agency, by others under arrangement with them made by the agency, or when any other contracting or consulting arrangement, or otherwise).'' and inserting ``(i) payment shall be made to the agency (without regard to whether or not the item or service was furnished by the agency, by others under arrangement with them made by the agency, or when any other contracting or consulting arrangement, or otherwise); and (ii) in the case of an item of durable medical equipment (as defined in section 1861(n)), payment for the item shall be made to the agency separately from payment for other items and services furnished to such an individual under such plan.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to items of durable medical equipment furnished on or after the date of enactment of this Act. SEC. 8. ELIMINATION OF TIMEKEEPING REQUIREMENTS UNDER THE PROSPECTIVE PAYMENT SYSTEM FOR HOME HEALTH AGENCIES. (a) In General.--Section 1895(c) of the Social Security Act (42 U.S.C. 1395fff(c)) is amended-- (1) by striking ``unless--'' and all that follows through ``(1) the'' and inserting ``unless the''; and (2) by striking ``1835(a)(2)(A);'' and all that follows through the period and inserting ``1835(a)(2)(A).''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of enactment of this Act. SEC. 9. SENSE OF THE SENATE REGARDING THE TIMELINESS AND ACCURACY OF INTERMEDIARY COMMUNICATIONS TO HOME HEALTH AGENCIES. It is the sense of the Senate that the Secretary of Health and Human Services should establish a nationally uniform process that ensures that each fiscal intermediary (as defined in section 1816(a) of the Social Security Act (42 U.S.C. 1395h(a))) and each carrier (as defined in section 1842(f) of such Act (42 U.S.C. 1395u(f))) has the training and ability necessary to provide timely, accurate, and consistent coverage and payment information to each home health agency and to each individual eligible to have payment made under the medicare program under title XVIII of such Act (42 U.S.C. 1395 et seq.).

Amends the Balanced Budget Act of 1997 to eliminate the 15 percent home health services payment reduction in interim payments which would occur if the Secretary did not establish a prospective payment system (PPS) for such services as provided for in such Act. Amends SSA title XVIII with regard to the PPS for home health services to reduce the current 15 percent reduction in cost and per beneficiary limits to ten percent, establishing a special rule beginning in FY 2004 that restores the reduction back to its original 15 percent. Increases the per visit cost limit to 112 percent of the national median. Provides that in the case of home health services furnished to an individual who (at the time of furnishing) is under a home health agency plan of care, payment for an item of durable medical equipment shall be made to the agency separately from payment for other items and services furnished. Eliminates timekeeping requirements under the PPS for home health agencies. Expresses the sense of the Senate that the Secretary should establish a nationally uniform process that ensures that fiscal intermediaries and carriers under Medicare have the training and ability necessary to provide timely, accurate, and consistent coverage and payment information to each home health agency and to each individual eligible to have payment made under Medicare.

Fairness in Medicare Home Health Access Act of 1999

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``NRC Fairness in Funding Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--FUNDING Sec. 101. Nuclear Regulatory Commission annual charges. Sec. 102. Nuclear Regulatory Commission authority over former licensees for decommissioning funding. Sec. 103. Cost recovery from Government agencies. TITLE II--OTHER PROVISIONS Sec. 201. Office location. Sec. 202. License period. Sec. 203. Elimination of NRC antitrust reviews. Sec. 204. Gift acceptance authority. Sec. 205. Carrying of firearms by licensee employees. Sec. 206. Unauthorized introduction of dangerous weapons. Sec. 207. Sabotage of nuclear facilities or fuel. TITLE I--FUNDING SEC. 101. NUCLEAR REGULATORY COMMISSION ANNUAL CHARGES. Section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 2214) is amended-- (1) in subsection (a)(3), by striking ``September 30, 1999'' and inserting ``September 20, 2005''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``or certificate holder'' after ``licensee''; and (B) by striking paragraph (2) and inserting the following: ``(2) Aggregate amount of charges.-- ``(A) In general.--The aggregate amount of the annual charges collected from all licensees and certificate holders in a fiscal year shall equal an amount that approximates the percentages of the budget authority of the Commission for the fiscal year stated in subparagraph (B), less-- ``(i) amounts collected under subsection (b) during the fiscal year; and ``(ii) amounts appropriated to the Commission from the Nuclear Waste Fund for the fiscal year. ``(B) Percentages.--The percentages referred to in subparagraph (A) are-- ``(i) 98 percent for fiscal year 2001; ``(ii) 96 percent for fiscal year 2002; ``(iii) 94 percent for fiscal year 2003; ``(iv) 92 percent for fiscal year 2004; and ``(v) 88 percent for fiscal year 2005.''. SEC. 102. NUCLEAR REGULATORY COMMISSION AUTHORITY OVER FORMER LICENSEES FOR DECOMMISSIONING FUNDING. Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(i)) is amended-- (1) by striking ``and (3)'' and inserting ``(3)''; and (2) by inserting before the semicolon at the end the following: ``, and (4) to ensure that sufficient funds will be available for the decommissioning of any production or utilization facility licensed under section 103 or 104b., including standards and restrictions governing the control, maintenance, use, and disbursement by any former licensee under this Act that has control over any fund for the decommissioning of the facility''. SEC. 103. COST RECOVERY FROM GOVERNMENT AGENCIES. Section 161w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(w)) is amended-- (1) by striking ``, or which operates any facility regulated or certified under section 1701 or 1702,''; (2) by striking ``483a'' and inserting ``9701''; and (3) by inserting before the period at the end the following: ``, and, commencing October 1, 2000, prescribe and collect from any other Government agency any fee, charge, or price that the Commission may require in accordance with section 9701 of title 31, United States Code, or any other law''. TITLE II--OTHER PROVISIONS SEC. 201. OFFICE LOCATION. Section 23 of the Atomic Energy Act of 1954 (42 U.S.C. 2033) is amended by striking ``; however, the Commission shall maintain an office for the service of process and papers within the District of Columbia''. SEC. 202. LICENSE PERIOD. Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c)) is amended-- (1) by striking ``c. Each such'' and inserting the following: ``c. License Period.-- ``(1) In general.--Each such''; and (2) by adding at the end the following: ``(2) Combined licenses.--In the case of a combined construction and operating license issued under section 185(b), the initial duration of the license may not exceed 40 years from the date on which the Commission finds, before operation of the facility, that the acceptance criteria required by section 185(b) are met.''. SEC. 203. ELIMINATION OF NRC ANTITRUST REVIEWS. Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is amended by adding at the end the following: ``(d) Applicability.--Subsection (c) shall not apply to an application for a license to construct or operate a utilization facility under section 103 or 104(b) that is pending on or that is filed on or after the date of enactment of this subsection.''. SEC. 204. GIFT ACCEPTANCE AUTHORITY. (a) In General.--Section 161g. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(g)) is amended-- (1) by inserting ``(1)'' after ``(g)''; (2) by striking ``this Act;'' and inserting ``this Act; or''; and (3) by adding at the end the following: ``(2) accept, hold, utilize, and administer gifts of real and personal property (not including money) for the purpose of aiding or facilitating the work of the Nuclear Regulatory Commission.''. (b) Criteria for Acceptance of Gifts.-- (1) In general.--Chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at the end the following: ``SEC. 170C. CRITERIA FOR ACCEPTANCE OF GIFTS. ``(a) In General.--The Commission shall establish written criteria for determining whether to accept gifts under section 161g.(2). ``(b) Considerations.--The criteria under subsection (a) shall take into consideration whether the acceptance of the gift would compromise the integrity of, or the appearance of the integrity of, the Commission or any officer or employee of the Commission.''. (2) Conforming and technical amendments.--The table of contents of chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended by adding at the end the following: ``Sec. 170C. Criteria for acceptance of gifts.''. SEC. 205. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES. (a) In General.--Chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) (as amended by section 204(b)) is amended-- (1) in section 161, by striking subsection k. and inserting the following: ``(k) authorize to carry a firearm in the performance of official duties such of its members, officers, and employees, such of the employees of its contractors and subcontractors (at any tier) engaged in the protection of property under the jurisdiction of the United States located at facilities owned by or contracted to the United States or being transported to or from such facilities, and such of the employees of persons licensed or certified by the Commission (including employees of contractors of licensees or certificate holders) engaged in the protection of facilities owned or operated by a Commission licensee or certificate holder that are designated by the Commission or in the protection of property of significance to the common defense and security located at facilities owned or operated by a Commission licensee or certificate holder or being transported to or from such facilities, as the Commission considers necessary in the interest of the common defense and security;'' and (2) by adding at the end the following: ``SEC. 170D. CARRYING OF FIREARMS. ``(a) Authority To Make Arrest.-- ``(1) In general.--A person authorized under section 161k. to carry a firearm may, while in the performance of, and in connection with, official duties, arrest an individual without a warrant for any offense against the United States committed in the presence of the person or for any felony under the laws of the United States if the person has a reasonable ground to believe that the individual has committed or is committing such a felony. ``(2) Limitation.--An employee of a contractor or subcontractor or of a Commission licensee or certificate holder (or a contractor of a licensee or certificate holder) authorized to make an arrest under paragraph (1) may make an arrest only-- ``(A) when the individual is within, or is in flight directly from, the area in which the offense was committed; and ``(B) in the enforcement of-- ``(i) a law regarding the property of the United States in the custody of the Department of Energy, the Nuclear Regulatory Commission, or a contractor of the Department of Energy or Nuclear Regulatory Commission or a licensee or certificate holder of the Commission; ``(ii) a law applicable to facilities owned or operated by a Commission licensee or certificate holder that are designated by the Commission under section 161k.; ``(iii) a law applicable to property of significance to the common defense and security that is in the custody of a licensee or certificate holder or a contractor of a licensee or certificate holder of the Commission; or ``(iv) any provision of this Act that subjects an offender to a fine, imprisonment, or both. ``(3) Other authority.--The arrest authority conferred by this section is in addition to any arrest authority under other law. ``(4) Guidelines.--The Secretary and the Commission, with the approval of the Attorney General, shall issue guidelines to implement section 161k. and this subsection.''. (b) Conforming and Technical Amendments.--The table of contents of chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) (as amended by section 204(b)(2)) is amended by adding at the end the following: ``Sec. 170D. Carrying of firearms.''. SEC. 206. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS. Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a)) is amended in the first sentence by inserting ``or subject to the licensing authority of the Commission or to certification by the Commission under this Act or any other Act'' before the period at the end. SEC. 207. SABOTAGE OF NUCLEAR FACILITIES OR FUEL. Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) is amended-- (1) in paragraph (2), by striking ``storage facility'' and inserting ``storage, treatment, or disposal facility''; (2) in paragraph (3)-- (A) by striking ``such a utilization facility'' and inserting ``a utilization facility licensed under this Act''; and (B) by striking ``or'' at the end; (3) in paragraph (4)-- (A) by striking ``facility licensed'' and inserting ``or nuclear fuel fabrication facility licensed or certified''; and (B) by striking the period at the end and inserting ``; or''; and (4) by adding at the end the following: ``(5) any production, utilization, waste storage, waste treatment, waste disposal, uranium enrichment, or nuclear fuel fabrication facility subject to licensing or certification under this Act during construction of the facility, if the person knows or reasonably should know that there is a significant possibility that the destruction or damage caused or attempted to be caused could adversely affect public health and safety during the operation of the facility.''. Passed the Senate April 13, 2000. Attest: Secretary. 106th CONGRESS 2d Session S. 1627 _______________________________________________________________________ AN ACT To extend the authority of the Nuclear Regulatory Commission to collect fees through 2005, and for other purposes.

(Sec. 101) Reformulates the aggregate annual charges collected from all licensees and certificate holders. (Sec. 102) Amends the Atomic Energy Act of 1954 to authorize the NRC to prescribe regulations to ensure that sufficient funds will be available for the decommissioning of certain licensed production or utilization facilities, including standards and restrictions governing the control, maintenance, use, and disbursement by any former licensee that has control over any fund for the decommissioning of the facility. (Sec. 103) Authorizes the NRC, beginning in FY 2001, to assess and collect fees for full cost recovery from other Federal agencies in return for services rendered by the NRC (rather than recover these costs through the annual fees assessed to all NRC licensees). Title II: Other Provisions - Repeals the requirement that the NRC maintain an office for the service of process and papers within the District of Columbia. (Sec. 202) Provides that the initial duration of a combined construction and operating license for a production or utilization facility may not exceed 40 years from the date on which the NRC finds, prior to facility operation, that specified statutory acceptance criteria have been met. (Sec. 203) Declares certain antitrust review procedures inapplicable to pending or future license applications to construct or operate utilization facilities for either commercial or medical therapy and research and development purposes. (Sec. 204) Authorizes the NRC to accept, hold, utilize, sell, and administer gifts, bequests, or donations of real and personal property (not including money) for the purpose of aiding or facilitating its work. Instructs the NRC to establish written criteria for gift acceptance, taking into consideration whether acceptance of the gift would compromise the integrity, or the appearance of the integrity of, the NRC or any officer or employee. (Sec. 205) Prescribes guidelines for the carrying of firearms and the authority to make arrests by employees or contractors of NRC licensees or certificate holders for the protection of property of significance to the common defense and security located at facilities owned or operated by an NRC licensee or certificate holder or being transported to or from such facilities. (Sec. 206) Authorizes the NRC to issue trespass regulations relating to the introduction of dangerous weapons, explosives, or other dangerous instruments or materials likely to produce substantial personal injury or damage to property subject to its licensing or certification authority. (Sec. 207) Revises the crime of sabotage of Federal nuclear facilities to cover any production, utilization, waste storage, treatment, disposal, uranium enrichment, or nuclear fuel fabrication facility subject to licensing or certification under this Act during its construction where the person knows or reasonably should know that there is a significant possibility that the destruction or damage caused or attempted could affect public health and safety during facility operation.

NRC Fairness in Funding Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Toxic Metals Act''. SEC. 2. DEFINITIONS. In this Act: (1) Antimony.--The term ``antimony'' means elemental antimony (Sb) and any compounds or alloys which contain antimony. (2) Barium.--The term ``barium'' means elemental barium (Ba) and any compounds or alloys which contain barium. (3) Cadmium.--The term ``cadmium'' means elemental cadmium (Cd) and any compounds or alloys which contain cadmium. (4) Children's jewelry.-- (A) In general.--The term ``children's jewelry'' means any jewelry, including charms, bracelets, pendants, necklaces, earrings, or rings, that is designed or intended to be worn or used by children 12 years of age or younger and is sold or distributed at retail. (B) Determination of intention for wear or use by children.--In determining under subparagraph (A) whether jewelry is designed or intended for wear or use by children 12 years of age or younger, the following factors shall be considered: (i) A statement by a manufacturer about the intended use of the product if such statement is reasonable. (ii) Any label on the product. (iii) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for children 12 years of age or younger. (iv) Whether the product is commonly recognized by consumers as being intended for use by children 12 years of age or younger. (v) The Age Determination Guidelines: Relating Children's Ages to Toy Characteristics and Play Behavior, issued by the Commission in September 2002, and any modifications to such Guidelines. (5) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (6) Sold or distributed at retail.--The term ``sold or distributed at retail'' means sold or distributed to a consumer, but does not include selling activity that is intermittent. SEC. 3. BAN ON CERTAIN PRODUCTS CONTAINING CADMIUM, BARIUM OR ANTIMONY. (a) Treatment as Banned Hazardous Substance.--Any children's jewelry that is composed in whole or in part of cadmium, barium, or antimony shall be treated as a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.). (b) Treatment as a Regulation Under the Federal Hazardous Substances Act.--The ban imposed under subsection (a) shall be treated as regulations of the Commission promulgated under or for the enforcement of section 2(q) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)). (c) Regulations.--The Commission may prescribe regulations to carry out the provisions of this Act. SEC. 4. ENFORCEMENT. (a) Penalties.-- (1) In general.--Any failure of a person subject to a requirement of section 3 to comply with such requirement shall be treated as a violation of section 4 of the Federal Hazardous Substances Act (15 U.S.C. 1263) and subject to the penalties set forth in section 5 of such Act (15 U.S.C. 1264). (b) Reports.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Commission shall submit to Congress a report on the actions taken by the Commission to enforce the provisions of this Act, including a summary of the criminal and civil penalties imposed under subsection (a). (2) Heavy metals.--Not later than 1 year after the date of the enactment of this Act, the Commission shall submit a report to Congress regarding heavy metals which should be banned from children's products. SEC. 5. EFFECT ON FEDERAL AND STATE LAW. (a) In General.--Nothing in this Act or section 18(b)(1)(B) of the Federal Hazardous Substances Act (15 U.S.C. 1261 note) shall affect the authority of any State or political subdivision of a State to establish or continue in effect a provision of the law of a State or political subdivision of a State relating to regulation of products containing cadmium, barium, or antimony, except to the extent that compliance with both State and Federal law is impossible. Nothing in this section shall be construed to modify or affect any enforcement action or liability of any person under the law of any State. (b) Preservation of Certain State Law.--Nothing in this Act shall be construed to preempt or otherwise affect any warning requirement relating to consumer products or substances that is established pursuant to State law that was in effect on August 31, 2003. SEC. 6. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act and shall apply with respect to children's jewelry manufactured on or after the date that is 90 days after such date of enactment.

Children's Toxic Metals Act - Bans as a hazardous substance and prohibits the manufacture, sale, or distribution in commerce of jewelry containing cadmium, barium, or antimony for children 12 years old or younger. Sets forth: (1) factors to determine whether jewelry is designed or intended for wear or use by such children; and (2) penalties for violations of such prohibition.

To prohibit the manufacture, sale, or distribution in commerce of children's jewelry containing cadmium, barium, or antimony, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``FHA Refinance Program Termination Act''. SEC. 2. RESCISSION OF FUNDING FOR FHA REFINANCE PROGRAM. Effective on the date of the enactment of this Act, there are rescinded and permanently canceled all unexpended balances remaining available as of such date of enactment of the amounts made available under title I of the Emergency Economic Stabilization Act (Public Law 110-343; 12 U.S.C. 5211 et seq.) that have been allocated for use under the FHA Refinance Program (pursuant to Mortgagee Letter 2010-23 of the Secretary of Housing and Urban Development) of the Making Home Affordable initiative of the Secretary of the Treasury. All such unexpended balances so rescinded and permanently canceled shall be retained in the general fund of the Treasury for reducing the debt of the Federal Government. SEC. 3. TERMINATION OF FHA REFINANCE PROGRAM. (a) Termination of Mortgagee Letter.--The Mortgagee Letter referred to in section 2 shall be void and have no effect and the Secretary of Housing and Urban Development may not issue any regulation, order, notice, or mortgagee letter based on or substantially similar to such Mortgagee Letter. (b) Treatment of Remaining Funds.--Notwithstanding subsection (a) of this section, any amounts made available for use under the Program referred to in section 2 of this Act and expended before the date of the enactment of this Act shall continue to be governed by the Mortgagee Letter specified in subsection (a) of this section, and any other provisions of law, regulations, orders, and notices, applicable to such amounts, as in effect immediately before such date of enactment. (c) Termination.--After the enactment of this Act, the Secretary of Housing and Urban Development may not newly insure any mortgage under the FHA Refinance Program referred to in section 2 of this Act except pursuant to a commitment to insure made before such enactment, and upon the completion of all activities with respect to such commitments under the provisions of law, regulations, orders, notices, and mortgagee letters referred to in subsection (b) of this section, the Secretary of Housing and Urban Development shall terminate the FHA Refinance Program referred to in section 2. (d) Study of Use of Program by Members of the Armed Forces, Veterans, Gold Star Recipients, and Members and Veterans With Service- connected Disabilities and Their Families.-- (1) Study.--The Secretary of Housing and Urban Development shall conduct a study to determine the extent of usage of the FHA Refinance Program referred to in section 2 by, and the impact of such program on, covered homeowners. (2) Report.--Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Secretary shall submit to the Congress a report setting forth the results of the study under paragraph (1) and identifying best practices, with respect to covered homeowners, that could be applied to the FHA Refinance Program. (3) Covered homeowner.--For purposes of this subsection, the term ``covered homeowner'' means a homeowner who is-- (A) a member of the Armed Forces of the United States on active duty or the spouse or parent of such a member; (B) a veteran, as such term is defined in section 101 of title 38, United States Code; (C) eligible to receive a Gold Star lapel pin under section 1126 of title 10, United States Code, as a widow, parent, or next of kin of a member of the Armed Forces person who died in a manner described in subsection (a) of such section; and (D) such members and veterans of the Armed Forces who have service-connected injuries, and survivors and dependents of such members and veterans of the Armed Forces with such injuries. SEC. 4. PUBLICATION OF MEMBER AVAILABILITY FOR ASSISTANCE. Not later than 5 days after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall publish to its Website on the World Wide Web in a prominent location, large point font, and boldface type the following statement: ``The FHA Short Refinance Program, which was intended to provide borrowers with refinance opportunities, has been terminated. If you are having trouble paying your mortgage and need help contacting your lender or servicer for purposes of negotiating or acquiring a loan modification, please contact your Member of Congress to assist you in contacting your lender or servicer for the purpose of negotiating or acquiring a loan modification.''. Passed the House of Representatives March 10, 2011. Attest: KAREN L. HAAS, Clerk.

FHA Refinance Program Termination Act - Rescinds and permanently cancels all unexpended funding remaining available and allocated for the Federal Housing Administration (FHA) Refinancing Program of the Making Home Affordable initiative of the Secretary of the Treasury (under which borrowers owing more on their mortgage than the value of their home are provided opportunities to refinance into a FHA loan). Terminates the program. Requires all such unobligated balances so rescinded and permanently canceled to be retained in the general fund of the Treasury for reducing the debt of the federal government. Directs the Secretary of Housing and Urban Development (HUD) to study: (1) the extent to which the FHA Refinancing Program is used by homeowners who are active duty members of the Armed Forces (or their spouses or parents), veterans, Gold Star-eligible widows, parents, or next of kin of Armed Forces members who died in military operations, or members or veterans with service-connected injuries (and their survivors and dependents); and (2) the impact of the program on such homeowners. Directs the HUD Secretary to publish a statement on the HUD website as to: (1) termination of the FHA Short [sic] Refinance Program; and (2) the availability of a Member of Congress to assist any borrower having trouble paying a mortgage and needing help contacting the borrower's lender or servicer to negotiate or acquire a loan modification.

To rescind the unobligated funding for the FHA Refinance Program and to terminate the program.

SECTION 1. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J). (2) Conforming amendments.--Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendments.--Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)'', respectively. (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which she remarries or''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which he remarries''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which such parent marries, or such parent''. (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with the month preceding the earlier of'' and by striking the comma after ``216(l))''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). SEC. 2. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM PROVISIONS. Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is amended by adding at the end the following new paragraph: ``(10) Notwithstanding any other provision of this Act, in applying the preceding provisions of this subsection (and determining maximum family benefits under column V of the table in or deemed to be in section 215(a) as in effect in December 1978) with respect to the month in which the insured individual's death occurs, the benefit payable to such individual for that month shall be disregarded.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after the month in which this Act is enacted.

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to continue an individual's entitlement to benefits through the month of his or her death with benefits for that month disregarded for purposes of determining maximum family benefits.

To amend title II of the Social Security Act to provide that an individual's entitlement to benefits thereunder shall continue through the month of his or her death (without affecting any other person's entitlement to benefits for that month), in order to provide such individual's family with assistance in meeting the extra death-related expenses.

SECTION 1. FINDINGS. Congress finds the following: (1) Manufacturing Extension Partnership services are available in all 50 States and at 392 locations. (2) The Manufacturing Extension Partnership delivers critical services to small and midsized manufacturers, providing access to public and private resources that enhance growth, improve productivity, and expand capacity. (3) The Manufacturing Extension Partnership helps manufacturers position themselves as strong long-term competitors in domestic and international markets. (4) Of the 7 million jobs lost in the recession as of February 2009, over 2 million were from the manufacturing sector, and the Manufacturing Extension Partnership reported creating or retaining over 57,000 manufacturing jobs in the most recent surveyed year. (5) The Manufacturing Extension Partnership has delivered $1.44 billion in cost savings annually and $10.5 billion in increased or retained sales in a single year. (6) Every dollar contributed by the Federal Government to the Manufacturing Extension Partnership is matched 2-to-1 by State and local governments and participating manufacturers. (7) The recession has strained many State budgets, and 23 State Manufacturing Extension Partnership Centers reported a decrease or elimination of State funding in 2009. (8) When a State decreases or eliminates funding for the Manufacturing Extension Partnership, the cost-share burden is shifted to small manufacturers who are unlikely to be able to afford increased contributions during an economic downturn, and the availability of Manufacturing Extension Partnership services is jeopardized. (9) A reduction in the matching requirement for participants in the Manufacturing Extension Partnership will greatly alleviate the burden on State budgets and small manufacturers and preserve the Manufacturing Extension Partnership's ability to provide critical services to small manufacturers and create much-needed jobs in the manufacturing sector. SEC. 2. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP PROGRAM. Section 25(c) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(c)) is amended-- (1) in paragraph (1), by inserting ``, unless otherwise determined under paragraph (3)(C)'' before the period at the end; (2) in paragraph (3)-- (A) in subparagraph (B)-- (i) by striking ``not less than 50 percent of the costs incurred for the first 3 years and an increasing share for each of the last 3 years'' and inserting ``the applicant's share of the costs incurred (in this subsection referred to as `cost share')''; and (ii) by striking ``For purposes of the preceding sentence, the'' and inserting ``The''; (B) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (C) by inserting after subparagraph (B) the following new subparagraph: ``(C) The Secretary shall by rule establish appropriate criteria to be considered in determining a Center's cost share. A Center's cost share shall in no case exceed 50 percent of the costs incurred by such Center. The Secretary shall review each Center's cost share annually and at such other times as the Secretary considers appropriate. An adjustment to a Center's cost share in a year shall not affect the amount of Federal funds such Center receives in such year.''; and (D) in subparagraph (D), as redesignated by subparagraph (B)-- (i) by striking ``50 percent'' and inserting ``cost share''; and (ii) by striking ``Center's contribution'' and inserting ``Center's cost share''; and (3) in paragraph (5)-- (A) in the 6th sentence, by striking ``at declining levels''; and (B) in the last sentence-- (i) by striking ``Funding'' and inserting ``Unless otherwise determined under paragraph (3)(C), funding''; and (ii) by striking ``one third'' and inserting ``50 percent''.

Amends the National Institute of Standards and Technology Act to reduce the matching funds requirement for participants in the Hollings Manufacturing Extension Partnership Program (providing services to small and mid-sized manufacturers) from not less than 50% of the costs incurred for the first three years and an increasing share for each of the last three years to no more than 50% of the costs incurred by a participating Regional Center for the Transfer of Manufacturing Technology. Directs the Secretary of Commerce to establish criteria to determine a Center's cost share.

To authorize the Secretary of Commerce to reduce the matching requirement for participants in the Hollings Manufacturing Extension Partnership Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expand and Rebuild America's Schools Act of 2006''. SEC. 2. FINDINGS. The Congress finds the following: (1) The National Center for Education Statistics projects that public school enrollment will reach 53,000,000 in 2010, an increase of 3,500,000 from the 2003 enrollment level. Many States and school districts will need to build new schools in order to accommodate this increase in student enrollments. (2) In response to reduced class mandates enforced by State governments and increased enrollment, many school districts have been forced to utilize temporary classrooms and other structures to accommodate increased school populations, along with resorting to year-round schedules for students. (3) Research has proven a direct correlation between the condition of school facilities and student achievement. Research has shown that students assigned to schools in poor condition can be expected to fall 10.9 percentage points behind those in buildings in excellent condition. Similar studies have demonstrated up to a 20 percent improvement in test scores when students were moved from a school with poor facilities to a new facility. (4) While school construction and maintenance are primarily a State and local concern, States and communities have not, on their own, met the increasing burden of providing acceptable school facilities, and the poorest communities have had the greatest difficulty meeting this need. (5) Many local educational agencies have difficulties securing financing for school facility construction and renovation, especially in States that require a \2/3\ majority of voter approval for the passage of local bond initiatives. (6) The Federal Government, by providing interest subsidies and similar types of support, can lower the costs of State and local school infrastructure investment, creating an incentive for businesses to support local school infrastructure improvement efforts. (7) The United States competitive position within the world economy is vulnerable if America's future workforce continues to be educated in schools not equipped for the 21st century. America must do everything in its power to properly educate its people to compete in the global marketplace. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to encourage public-private partnerships for the financing of school construction and expansion, and (2) to help local educational agencies bring all public school facilities up to an acceptable standard and build the additional classrooms needed to educate the growing number of students who will enroll in the next decade. SEC. 4. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS. (a) In General.--Subpart B 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. 30D. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS. ``(a) Allowance of Credit.--In the case of an eligible taxpayer who holds a school construction bond on the credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year the amount determined under subsection (b). ``(b) Amount of Credit.--The amount of the credit determined under this subsection with respect to any school construction bond is the amount equal to the product of-- ``(1) the credit rate determined by the Secretary under section 1397E(b)(2) for the month in which such bond was issued, multiplied by ``(2) the face amount of the bond held by the taxpayer on the credit allowance date. ``(c) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under this part (other than under this section and subpart C thereof, relating to refundable credits) and section 1397E. ``(d) School Construction Bond.--For purposes of this section-- ``(1) In general.--The term `school construction bond' means any bond issued as part of an issue if-- ``(A) 95 percent or more of the proceeds of such issue are to be used for a qualified purpose with respect to a new qualified school established by an eligible local education agency, ``(B) the bond is issued by a State or local government within the jurisdiction of which such school is located, ``(C) the issuer-- ``(i) designates such bond for purposes of this section, ``(ii) certifies that it has written assurances that the private business contribution requirement of paragraph (2) will be met with respect to such school, and ``(iii) certifies that it has the written approval of the eligible local education agency for such bond issuance, and ``(D) the term of each bond which is part of such issue does not exceed the maximum term permitted under section 1397E(d)(3). ``(2) Private business contribution requirement.-- ``(A) In general.--For purposes of paragraph (1), the private business contribution requirement of this paragraph is met with respect to any issue if the eligible local education agency that established the qualified school has written commitments from private entities to make qualified contributions having a present value (as of the date of issuance of the issue) of not less than 10 percent of the proceeds of the issue. ``(B) Qualified contributions.--For purposes of subparagraph (A), the term `qualified contribution' means any contribution (of a type and quality acceptable to the eligible local education agency) of-- ``(i) equipment for use in the qualified school (including state-of-the-art technology and vocational equipment), ``(ii) technical assistance in developing curriculum or in training teachers in order to promote appropriate market driven technology in the classroom, ``(iii) services of employees as volunteer mentors, ``(iv) internships, field trips, or other educational opportunities outside the school for students, or ``(v) any other property or service specified by the eligible local education agency. ``(3) Qualified school.-- ``(A) In general.--The term `qualified school' means any public school which is established by and operated under the supervision of an eligible local education agency to provide education or training below the postsecondary level if-- ``(i) such public school is designed in cooperation with business to enhance the academic curriculum, increase graduation and employment rates, and better prepare students for the rigors of college and the increasingly complex workforce, ``(ii) students in such public school will be subject to the same academic standards and assessments as other students educated by the local education agency, ``(iii) a well-structured program to alleviate overcrowding and to improve students' education has been constructed and implemented in the opinion of the Secretary of Education, and ``(iv) at least 2 of the following requirements are met: ``(I) There is a reasonable expectation (as of the date of issuance of the bonds) that at least 35 percent of the population attending such public school will be eligible for free or reduced-cost lunches under the school lunch program established under the National School Lunch Act. ``(II) There is a reasonable expectation (as of the date of issuance of the bonds) that the student growth rate over the next 5 years for the school district in which such public school is to be located will be at least 10 percent. ``(III) The average student-teacher ratio for such district as of the date of issuance of the bonds is at least 28 to 1. ``(B) Eligible local education agency.--The term `eligible local education agency' means any local educational agency as defined in section 14101 of the Elementary and Secondary Education Act of 1965. ``(4) Qualified purpose.-- ``(A) In general.--The term `qualified purpose' means, with respect to any qualified school-- ``(i) constructing a new school facility, and ``(ii) providing equipment for use at such facility. ``(B) School facility.--The term `school facility' means a new public structure suitable for use as a classroom, laboratory, library, media center, or related facility whose primary purpose is the instruction of public elementary or secondary students. Such term does not include an athletic stadium, or any other structure or facility intended primarily for athletic exhibitions, contests, games, or events for which admission is charged to the general public. ``(e) Limitation on Amount of Bonds Designated.-- ``(1) National limitation.--There is a national school construction bond limitation for each calendar year. Such limitation is $400,000,000 for 2007 and 2008, and, except for carryovers as provided under the rules applicable under paragraph (4), zero thereafter. ``(2) Allocation of limitation.--The national school construction bond limitation for a calendar year shall be allocated by the Secretary among the States on the basis of their respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). The limitation amount allocated to a State under the preceding sentence shall be allocated by the Secretary of Education to qualified schools within such State. ``(3) Designation subject to limitation amount.--The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (d)(1) with respect to any qualified school shall not exceed the limitation amount allocated to such school under paragraph (2) for such calendar year. ``(4) Carryover of unused limitation.--If for any calendar year-- ``(A) the limitation amount for any State, exceeds ``(B) the amount of bonds issued during such year which are designated under subsection (d)(1) with respect to qualified schools within such State, the limitation amount for such State for the following calendar year shall be increased by the amount of such excess. ``(f) Other Definitions.--The definitions in subsections (d)(6) and (f) of section 1397E shall apply for purposes of this section. ``(g) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section.'' (b) Conforming 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. 30D. Credit to holders of school construction bonds.''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2006.

Expand and Rebuild America's Schools Act of 2006 - Amends the Internal Revenue Code to allow a nonrefundable tax credit to holders of school construction bonds. Sets forth requirements for issues of school construction bonds, including that: (1) 95% of the proceeds of such bonds must be used to construct new elementary and secondary school facilities and provide equipment for such schools; (2) local education agencies must require private business contributions of not less than 10% of the proceeds of an issue; and (3) bonds must be used for schools which meet specified criteria relating to curriculum, the alleviation of classroom overcrowding, and student-teacher ratios. Provides for a national school construction bond limitation of $400 million in 2007 and 2008.

To amend the Internal Revenue Code of 1986 to encourage new school construction through the creation of a new class of bond.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Redevelopment Act of 1996''. SEC. 2. ENVIRONMENTAL REMEDIATION TAX CREDIT. (a) General Rule.--Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits allowable) is amended by adding at the end thereof the following new subpart: ``Subpart H--Environmental Remediation Credit ``Sec. 54. Amount of environmental remediation credit. ``Sec. 54A. Definitions and special rules. ``SEC. 54. AMOUNT OF ENVIRONMENTAL REMEDIATION CREDIT. ``(a) General Rule.--For purposes of section 38, the environmental remediation credit determined under this section is 50 percent of the costs-- ``(1) which are paid or incurred by the taxpayer for environmental remediation with respect to any qualified contaminated site which is owned by the taxpayer, and ``(2) which are incurred by the taxpayer pursuant to an environmental remediation plan for such site which was approved by the Administrator of the Environmental Protection Agency or by the head of any State or local government agency designated by the Administrator to carry out the Administrator's functions under this subpart with respect to such site. ``(b) Remediation Plan Must Be Completed.-- ``(1) In general.--Except as otherwise provided in paragraph (2)-- ``(A) no environmental remediation credit shall be determined under this section with respect to any qualified contaminated site unless the Administrator of the Environmental Protection Agency (or such Administrator's designee under subsection (a)(2)) certifies the environmental remediation plan for such site has been completed, and ``(B) if such Administrator (or designee) certifies that such plan has been completed, such credit shall be taken into account under subsection (a) ratably over the 5 taxable year period beginning with the taxable year in which such plan was completed. ``(2) Special rule where extraordinary cost increases.-- If-- ``(A) the taxpayer determines that due to unforeseen circumstances the cost of completing the remediation plan for any qualified contaminated site exceeds 200 percent of the estimated costs of completing such plan, and ``(B) the State or local official administering the remediation credit program agrees with such determination, the taxpayer may cease the implementation of such plan and shall be entitled to an environmental remediation credit with respect to costs incurred before such cessation. Such credit shall be taken into account under subsection (a) ratably over the 5-taxable-year period beginning with the taxable year in which such cessation occurs. ``(c) Certain Parties Not Eligible.--A taxpayer shall not be eligible for any credit determined under this section with respect to any qualified contaminated site if-- ``(1) at any time on or before the date of the enactment of this subpart, such taxpayer was the owner or operator of any business on such site, ``(2) at any time before, on, or after such date of enactment such taxpayer-- ``(A) had (by contract, agreement, or otherwise) arranged for the disposal or treatment of any hazardous materials at such site or arranged with a transporter for transport for disposal or treatment of any hazardous materials at such site, or ``(B) had accepted any hazardous materials for transport to such site, or ``(3) the taxpayer is related to any taxpayer referred to in paragraph (1) or (2). The preceding sentence shall not apply to a taxpayer who became described therein by reason of the acquisition of the business or site through foreclosure (or the equivalent) of a security interest held by the taxpayer or a related party if the taxpayer undertakes to sell or otherwise dispose of such business or site in a reasonably expeditious manner on commercially reasonable terms. ``(d) Qualified Contaminated Site.--For purposes of this subpart, the term `qualified contaminated site' means any contaminated site if-- ``(1) the condition of the contaminated site is such that without participation in the environmental remediation credit program redevelopment is unlikely, ``(2) the contaminated site has not been in productive use for at least 1 year before participation in the program, ``(3) there is a strong likelihood of redevelopment of the site for industrial or commercial use that will result in creation of jobs and expansion of the tax base, and ``(4) environmental remediation and redevelopment are likely to be completed within a reasonable period of time. ``SEC. 54A. DEFINITIONS AND SPECIAL RULES. ``(a) Contaminated Site.--For purposes of this subpart-- ``(1) In general.--The term `contaminated site' means any site if at least 1 of the following environmental conditions are present on such site: ``(A) A release or threatened release of any hazardous, toxic, or dangerous substance. ``(B) Any storage tanks which contain any hazardous, toxic, or dangerous substance. ``(C) Any illegal disposal of solid waste. ``(2) Hazardous, toxic, or dangerous substance.--Any substance, waste, or material shall be treated as a hazardous, toxic, or dangerous substance if it is so treated under-- ``(A) the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) as in effect on the date of the enactment of this section, or ``(B) the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.) as so in effect. The following materials shall in any event be treated as such a substance: petroleum or crude oil or any derivative thereof, friable asbestos or any asbestos containing material, polychlorinated biphenyls, and lead paint. ``(b) Environmental Remediation.--For purposes of this subpart, the term `environmental remediation' means-- ``(1) removal or remediation activity in accordance with the plan approved under section 54(a)(2), ``(2) restoration of natural, historic or cultural resources at the site, or the mitigation of unavoidable losses of such resources incurred in connection with the remediation or response activity, ``(3) health assessments or health effects studies related to the site, ``(4) remediation of off-site contamination caused by activity on the site (other than remediation activities of a type not permitted for the site), and ``(5) any other costs specified in the plan approved under section 54(a)(2), including demolition of existing contaminated structures, site security, permit fees necessary for remediation, and environmental audits. ``(c) Related Person.--For purposes of this subpart, persons shall be treated as related to each other if such persons are treated as a single employer under the regulations prescribed under section 52(b) or such persons bear a relationship to each other specified in section 267(b) or 707(b).'' (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (10), by striking the period at the end of paragraph (11) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(12) the environmental remediation credit under section 54(a).'' (c) Limitation on Carryback.--Subsection (d) of section 39 of such Code is amended by adding at the end thereof the following new paragraph: ``(7) No carryback of environmental remediation credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit under section 54 may be carried back to a taxable year beginning on or before the date of the enactment of section 54.'' (d) Deduction for Unused Credit.--Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(8) the environmental remediation credit determined under section 54.'' (e) Clerical Amendment.--The table of subparts for part IV of subchapter A of chapter 1 of such Code is amended by adding at the end thereof the following new item: ``Subpart H. Environmental remediation credit.'' (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. USE OF REDEVELOPMENT BONDS FOR ENVIRONMENTAL REMEDIATION. (a) Environmental Remediation Included as Redevelopment Purpose.-- Subparagraph (A) of section 144(c)(3) of the Internal Revenue Code of 1986 (relating to redevelopment purposes) is amended by striking ``and'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, and'', and by adding at the end the following new clause: ``(v) the costs of environmental remediation (as defined in section 54A(b)) with respect to a qualified contaminated site (as defined in section 54(d)) if such costs are incurred pursuant to an environmental remediation plan which was approved by the Administrator of the Environmental Protection Agency or by the head of any State or local government agency designated by the Administrator to carry out the Administrator's functions under this clause.'' (b) Certain Requirements Not To Apply To Redevelopment Bonds for Environmental Remediation.--Subsection (c) of section 144 of such Code is amended by adding at the end the following new paragraph: ``(9) Certain requirements not to apply to redevelopment bonds for environmental remediation.--In the case of any bond issued as part of an issue 95 percent or more of the proceeds of which are to finance costs referred to in paragraph (3)(A)(v)-- ``(A) paragraph (2)(A)(i) shall not apply, ``(B) paragraph (2)(A)(ii) shall not apply to any issue issued by the governing body described in paragraph (4)(A) with respect to the area which includes the site, ``(C) the requirement of paragraph (2)(B)(ii) shall be treated as met if-- ``(i) the payment of the principal and interest on such issue is secured by taxes imposed by a governmental unit, or ``(ii) such issue is approved by the applicable elected representative (as defined in section 147(f)(2)(E)) of the governmental unit which issued such issue (or on behalf of which such issue was issued), ``(D) subparagraphs (C) and (D) of paragraph (2) shall not apply, ``(E) subparagraphs (C) and (D) of paragraph (4) shall not apply, and ``(F) if the real property referred to in clause (iii) of paragraph (3)(A) is 1 or more dwelling units, such clause shall apply only if the requirements of section 142(d) or 143 (as the case may be) are met with respect to such units.'' (c) Penalty for Failure to Satisfactorily Complete Remediation Plan.--Subsection (b) of section 150 of such Code is amended by adding at the end thereof the following new paragraph: ``(7) Qualified contaminated site remediation bonds.--In the case of financing provided for costs described in section 144(c)(3)(A)(v), no deduction shall be allowed under this chapter for interest on such financing during any period during which there is a determination by the Administrator of the Environmental Protection Agency (or by the head of any State or local government agency designated by the Administrator to carry out the Administrator's functions under this paragraph) that the remediation plan under which such costs were incurred was not satisfactorily completed.'' (d) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.

Brownfields Redevelopment Act of 1996 - Amends the Internal Revenue Code to allow a credit that is 50 percent of the costs: (1) paid or incurred by the taxpayer for environmental remediation of any qualified contaminated site which is owned by the taxpayer; and (2) incurred by the taxpayer pursuant to an environmental remediation plan for such site which was approved by the Administrator of the Environmental Protection Agency or by the head of any State or local government agency designated by the Administrator. Disallows the environmental remediation credit from being determined unless the Administrator or the Administrator's designee certifies that the remediation plan has been completed. Provides that if the Administrator certifies that such plan has been completed, the credit shall be taken into account ratably over the five-year taxable period. Permits a taxpayer to cease such remediation if: (1) the cost of completing the remediation plan exceeds 200 percent of the estimated costs of completing such plan; and (2) the State or local official administering the remediation credit program agrees with such determination. Prohibits certain taxpayers with respect to a qualified contamination site from being eligible for the credit. Makes the environmental remediation credit part of the sum of the current year general business credit and allows any unused portion as a deduction for certain unused business credits. Allows for the use of redevelopment bonds for the costs of environmental remediation incurred pursuant to an environmental remediation plan. Sets forth provisions concerning certain requirements not to apply in the case of any redevelopment bond issued as part of an issue 95 percent or more of the proceeds which are to finance environmental remediation. Prohibits a deduction for interest on such financing during any period during which there is a determination by the Administrator or the Administrator's designee that the remediation plan was not satisfactorily completed.

Brownfields Redevelopment Act of 1996

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Merit System Reauthorization Act of 2007''. (b) Table of Contents.--The table of contents is as follows: Sec. 1. Short title; table of contents. Sec. 2. Authorization of appropriations. Sec. 3. Allegations of wrongdoing against Special Counsel or Deputy Special Counsel. Sec. 4. Discrimination on the basis of sexual orientation prohibited. Sec. 5. Procedures of the Merit Systems Protection Board. Sec. 6. Procedures of the Office of Special Counsel. Sec. 7. Reporting requirements. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) Merit Systems Protection Board.--Section 8(a)(1) of the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended by striking ``2003, 2004, 2005, 2006, and 2007'' and inserting ``2008, 2009, and 2010''. (b) Office of Special Counsel.--Section 8(a)(2) of the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended by striking ``2003, 2004, 2005, 2006, and 2007'' and inserting ``2008, 2009, and 2010''. (c) Effective Date.--This section shall take effect as of October 1, 2007. SEC. 3. ALLEGATIONS OF WRONGDOING AGAINST SPECIAL COUNSEL OR DEPUTY SPECIAL COUNSEL. (a) Definitions.--In this section-- (1) the term ``Special Counsel'' refers to the Special Counsel appointed under section 1211(b) of title 5, United States Code; (2) the term ``Integrity Committee'' refers to the Integrity Committee described in Executive Order 12993 (relating to administrative allegations against inspectors general) or its successor in function (as identified by the President); and (3) the terms ``wrongdoing'' and ``Inspector General'' have the same respective meanings as under the Executive order cited in paragraph (2). (b) Authority of Integrity Committee.-- (1) In general.--An allegation of wrongdoing against the Special Counsel (or the Deputy Special Counsel) may be received, reviewed, and referred for investigation by the Integrity Committee to the same extent and in the same manner as in the case of an allegation against an Inspector General (or a member of the staff of an Office of Inspector General), subject to the requirement that the Special Counsel recuse himself or herself from the consideration of any allegation brought under this subsection. (2) Coordination with existing provisions of law.--This section does not eliminate access to the Merit Systems Protection Board for review under section 7701 of title 5, United States Code. To the extent that an allegation brought under this subsection involves section 2302(b)(8) of such title, a failure to obtain corrective action within 120 days after the date on which that allegation is received by the Integrity Committee shall, for purposes of section 1221 of such title, be considered to satisfy section 1214(a)(3)(B) of such title. (c) Regulations.--The Integrity Committee may prescribe any rules or regulations necessary to carry out this section, subject to such consultation or other requirements as might otherwise apply. SEC. 4. DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION PROHIBITED. (a) Repudiation.--In order to dispel any public confusion, Congress repudiates any assertion that Federal employees are not protected from discrimination on the basis of sexual orientation. (b) Affirmation.--It is the sense of Congress that, in the absence of the amendment made by subsection (c), discrimination against Federal employees and applicants for Federal employment on the basis of sexual orientation is prohibited by section 2302(b)(10) of title 5, United States Code. (c) Discrimination Based on Sexual Orientation Prohibited.--Section 2302(b)(1) of title 5, United States Code, is amended-- (1) in subparagraph (D), by striking ``or'' at the end; (2) in subparagraph (E), by inserting ``or'' at the end; and (3) by adding at the end the following: ``(F) on the basis of sexual orientation;''. SEC. 5. PROCEDURES OF THE MERIT SYSTEMS PROTECTION BOARD. (a) Proof of Exhaustion for Individual Right of Action.--Section 1221(a) of title 5, United States Code, is amended-- (1) by striking ``(a)'' and inserting ``(a)(1)''; and (2) by adding at the end the following: ``(2) For purposes of paragraph (1), an employee, former employee, or applicant for employment may demonstrate compliance with section 1214(a)(3)(B) by-- ``(A) submitting a copy of the complaint or other pleading pursuant to which such employee, former employee, or applicant sought corrective action from the Special Counsel with respect to the personnel action involved; and ``(B) certifying that the Special Counsel did not provide notice of intent to seek such corrective action to such employee, former employee, or applicant within the 120-day period described in such section 1214(a)(3)(B).''. (b) Individual Requests for Stays.--Section 1221(c) of title 5, United States Code, is amended by striking paragraph (2) and inserting the following: ``(2) Any stay requested under paragraph (1) shall be granted within 10 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date the request is made, if the Board determines that the employee, former employee, or applicant has demonstrated that protected activity described under section 2302(b)(8) was a contributing factor to the personnel action involved. If the stay request is denied, the employee, former employee, or applicant may submit an interlocutory appeal for expedited review by the Board.''. (c) Joining Subsequent and Related Claims With Pending Litigation.-- (1) In general.--Section 1221 of title 5, United States Code, is amended-- (A) by redesignating subsections (h), (i), and (j) as subsections (i), (j), and (k), respectively; and (B) inserting after subsection (g) the following: ``(h) During a pending proceeding, subsequent personnel actions may be joined if the employee, former employee, or applicant for employment demonstrates that retaliation for protected activity at issue in the pending proceeding was a contributing factor to subsequent alleged prohibited personnel practices.''. (2) Conforming amendment.--Section 1222 of title 5, United States Code, is amended by striking ``section 1221(i)'' and inserting ``section 1221(j)''. (d) Procedural Due Process.--Section 1204(b)(1) of title 5, United States Code, is amended by inserting ``in accordance with regulations consistent with the Federal Rules of Civil Procedure, so far as practicable'' before the period. (e) Attorney Fees.--Section 7701(g)(1) of title 5, United States Code, is amended by striking ``if the employee or applicant is the prevailing party and'' and inserting ``if the claim or claims raised by the employee or applicant were not frivolous, unreasonable, or groundless; the case was a substantial or significant factor in the agency's action providing some relief or benefit to the employee or applicant; and''. SEC. 6. PROCEDURES OF THE OFFICE OF SPECIAL COUNSEL. (a) Investigations of Alleged Prohibited Personnel Practices.-- Section 1212(e) of title 5, United States Code, is amended by striking ``may prescribe such regulations as may be necessary to perform the functions'' and inserting ``shall prescribe such regulations as may be necessary to carry out subsection (a)(2) and may prescribe any regulations necessary to carry out any of the other functions''. (b) Mandatory Communications With Complainants.-- (1) Contact information.--Section 1214(a)(1)(B) of title 5, United States Code, is amended by striking clause (ii) and inserting the following: ``(ii) shall include the name and contact information of a person at the Office of Special Counsel who-- ``(I) shall be responsible for interviewing the complainant and making recommendations to the Special Counsel regarding the allegations of the complainant; and ``(II) shall be available to respond to reasonable questions from the complainant regarding the investigation or review conducted by the Special Counsel, the relevant facts ascertained by the Special Counsel, and the law applicable to the allegations of the complainant.''. (2) Statement after termination of investigation.--Section 1214(a)(2)(A)(iv) of title 5, United States Code, is amended by striking ``a response'' and inserting ``specific responses''. (c) Qualifications of Special Counsel.--The third sentence of section 1211(b) of title 5, United States Code, is amended by striking ``position.'' and inserting ``position and has professional experience that demonstrates an understanding of and a commitment to protecting the merit based civil service.''. (d) Alternative Dispute Resolution Program of the Office of Special Counsel.--Section 1212 of title 5, United States Code, is amended by adding at the end the following: ``(h) The Office of Special Counsel shall by regulation provide for one or more alternative methods for settling matters subject to the jurisdiction of the Office which shall be applicable at the election of an employee, former employee, or applicant for employment or at the direction of the Special Counsel with the consent of the employee, former employee, or applicant concerned. In order to carry out this subsection, the Special Counsel shall provide for appropriate offices in the District of Columbia and other appropriate locations.''. (e) Substantial Likelihood Determinations.--Section 1213 of title 5, United States Code, is amended-- (1) in subsection (b), by striking ``15 days'' and inserting ``45 days''; and (2) in subsection (c)(1), by inserting ``, after consulting with the person who made the disclosure on how to characterize the issues,'' after ``appropriate agency head''. (f) Determination of Statutory Requirements Met.--Section 1213(e) of title 5, United States Code, is amended-- (1) in paragraph (3), by striking ``subsection (e)(1)'' and inserting ``paragraph (1)''; (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (3) by inserting after paragraph (2) the following: ``(3) Upon receipt of any report of the head of an agency required under subsection (c), if the Special Counsel is unable to make a determination under paragraph (2)(A) or (B), the Special Counsel shall require the agency head to submit any additional information necessary for the Special Counsel to make such determinations before any information is transmitted under paragraph (4).''. (g) Public and Internet Access for Agency Investigations.--Section 1219 of title 5, United States Code, is amended by striking subsections (a) and (b) and inserting the following: ``(a) The Special Counsel shall maintain and make available to the public (including on the website of the Office of Special Counsel)-- ``(1) a list of noncriminal matters referred to heads of agencies under subsection (c) of section 1213, together with-- ``(A) reports from heads of agencies under subsection (c)(1)(B) of such section relating to such matters; ``(B) comments submitted under subsection (e)(1) of such section relating to such matters, if the person making the disclosure consents; and ``(C) comments or recommendations by the Special Counsel under subsection (e)(4) of such section relating to such matters; ``(2) a list of matters referred to heads of agencies under section 1215(c)(2); ``(3) a list of matters referred to heads of agencies under subsection (e) of section 1214, together with certifications from heads of agencies under such subsection; and ``(4) reports from heads of agencies under section 1213(g)(1). ``(b) The Special Counsel shall take steps to ensure that any list or report made available to the public or placed on the website of the Office of Special Counsel under this section does not contain any information the disclosure of which is prohibited by law or by Executive order requiring that information be kept secret in the interest of national defense or the conduct of foreign affairs.''. SEC. 7. REPORTING REQUIREMENTS. (a) Merit Systems Protection Board.--Each annual report submitted by the Merit Systems Protection Board under section 1206 of title 5, United States Code, shall, with respect to the period covered by such report, include-- (1) the number of cases and alleged violations of section 2302 of such title 5 filed with the Board for each agency, itemized for each prohibited personnel practice; (2) the number of cases and alleged violations of section 2302 of such title 5 that the Board determines for each agency, itemized for each prohibited personnel practice and compared to the total number of cases and allegations filed with the Board for each, both with respect to the initial decisions by administrative judges and final Board decisions; (3) the number of cases and allegations in which corrective action was provided, compared to the total number of cases and allegations filed with the Board for each, itemized separately for settlements and final Board decisions; and (4) with respect to paragraphs (8) and (9) of section 2302 (b) of such title 5, the number of cases in which the Board has ruled in favor of the employee on the merits of the claim compared to the total number of cases and allegations filed with the Board for each, where findings of fact and conclusions of law were issued on whether those provisions were violated, independent from cases disposed by procedural determinations, including a separate itemization of both initial decisions by administrative judges and final Board decisions for each category. (b) Office of Special Counsel.--Each annual report submitted under section 1218 of title 5, United States Code, by the Special Counsel or an employee designated by the Special Counsel shall, with respect to the period covered by such report, include-- (1) the number of cases and allegations for each prohibited personnel practice, delineated by type of prohibited personnel practice; (2) for each type of prohibited personnel practice, the number of cases and allegations as to which the Office of Special Counsel found reasonable grounds to believe section 2302 of such title 5 had been violated; (3) for each type of prohibited personnel practice, the number of cases and allegations as to which the Office of Special Counsel referred the complaint for full field investigation; (4) for each prohibited personnel practice, the number of cases and allegations as to which the Office of Special Counsel recommended corrective action; (5) for each prohibited personnel practice, the number of cases and allegations as to which the Office of Special Counsel conducted a mediation or other form of alternative dispute resolution, with statistics and illustrative examples describing the results with particularity; (6) the number of instances in which the Office of Special Counsel referred disclosures submitted under section 1213 of such title 5 to an agency head, without any finding under subsection (c) or (g) of such section; (7) a statistical tabulation of results for each customer satisfaction survey question, both with respect to allegations of prohibited personnel practice submitted under section 1214 of such title 5 and disclosures submitted under section 1213 of such title; and (8) for each provision under section 1216(a) (1) through (5) and (c) of such title 5, the number of cases and allegations, the number of field investigations opened, the number of instances in which corrective action was sought, and the number of instances in which corrective action was obtained. (c) Annual Survey.--Section 13(a) of the Act entitled ``An Act to reauthorize the Office of Special Counsel, and for other purposes'', approved October 29, 1994 (5 U.S.C. 1212 note; Public Law 103-424) is amended in the first sentence by inserting ``, including individuals who disclose information to the Office of Special Counsel under section 1213'' before the period.

Federal Merit System Reauthorization Act of 2007 - Amends the Whistleblower Protection Act of 1989 to authorize appropriations for FY2008-FY2010 for the Merit Systems Protection Board (MSPB) and the Office of Special Counsel (OSC). Repudiates assertions that federal employees are not protected from discrimination on the basis of sexual orientation. Expresses the sense of Congress that discrimination on such basis against federal employees and applicants is currently prohibited. Prohibits any federal employee who has authority to take, direct, recommend, or approve any personnel action from discriminating for or against any federal employee or applicant on such basis. Revises procedures of the MSPB and OSC, including by requiring the MSPB to use the National Labor Relations Board model for procedural due process and by requiring the OSC to prescribe regulations necessary to receive and investigate allegations of prohibited personnel practices. Requires the Special Counsel to have professional experience that demonstrates an understanding of and a commitment to protecting the merit based civil service. Requires the OSC to publish specified whistleblower disclosures and reports. Sets forth MSPB and OSC reporting requirements with respect to incidences of prohibited personnel practices.

A bill to reauthorize the Merit Systems Protection Board and the Office of Special Counsel, to modify the procedures of the Merit Systems Protection Board and the Office of Special Counsel, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Security Innovation & Reform Act of 2011'' or the ``AIR Act of 2011''. SEC. 2. OFFICE OF BEHAVIOR ANALYSIS. Section 114 of title 49, United States Code, is amended-- (1) in subsection (a), by striking ``Department of Transportation'' and inserting ``Department of Homeland Security''; (2) by striking ``Under Secretary of Transportation for Security'' each place it appears and inserting ``Assistant Secretary of Homeland Security (Transportation Security Administration)''; (3) by striking ``Under Secretary'' each place it appears and inserting ``Assistant Secretary''; and (4) by inserting after subsection (s) the following: ``(t) Office of Behavior Analysis.-- ``(1) Establishment.--There is established in the Transportation Security Administration the Office of Behavior Analysis (in this subsection referred to as the `Office'). ``(2) Location.--The Office of Behavior Analysis shall be within the Office of Security Operations of the Transportation Security Administration in the Department of Homeland Security and shall be headed by a Transportation Security Administration career employee, who shall be appointed by the Assistant Secretary of Homeland Security (Transportation Security Administration). ``(3) Duties.--To the extent and in the manner determined to be appropriate by the Assistant Secretary, the head of the Office shall be responsible for-- ``(A) advising the Transportation Security Administration and other Federal, State, and local government law enforcement agencies on behavior detection methodologies and best practices; and ``(B) providing behavior detection training to law enforcement personnel to facilitate the prevention of terrorist attacks on aviation and mass transportation systems.''. SEC. 3. CONTINUING SECURITY TRAINING. Section 44935 of title 49, United States Code, is amended-- (1) by striking ``Under Secretary of Transportation for Security'' each place it appears and inserting ``Assistant Secretary of Homeland Security (Transportation Security Administration)''; (2) by striking ``Under Secretary'' each place it appears and inserting ``Assistant Secretary''; (3) by amending subsection (g) to read as follows: ``(g) Training.-- ``(1) Training plan.--The Assistant Secretary shall maintain a plan for the training of Transportation Security Officers that-- ``(A) to the maximum extent practicable, ensures that the training received by Transportation Security Officers is standardized; and ``(B) meets the requirements of this subsection. ``(2) General training requirements.--The plan required by paragraph (1) shall require, at a minimum, that an individual employed as a Transportation Security Officer-- ``(A) receives, before the individual performs any screening functions as a Transportation Security Officer, training in basic security screening skills and in criminal and antiterrorism awareness; ``(B) completes a program that the Assistant Secretary determines will train individuals to a level of proficiency to adequately perform on the job; ``(C) successfully completes an up-to-date technical training examination prescribed by the Assistant Secretary; and ``(D) in the case of a Transportation Security Officer who will be responsible for verifying travel documents, completes up-to-date technical training in document fraud identification, as considered appropriate by the Assistant Secretary. ``(3) Equipment-specific training.--An individual employed as a Transportation Security Officer may not use any security screening device or equipment in the scope of that individual's employment unless the individual has been trained on that device or equipment and has successfully completed a test on the use of the device or equipment. ``(4) Continuing education.--The plan required by paragraph (1) shall require an individual employed as a Transportation Security Officer to receive annual training, as considered appropriate by the Assistant Secretary. ``(5) Use of other agencies.--The Assistant Secretary may enter into a memorandum of understanding or other arrangement with any other Federal agency or department with appropriate law enforcement responsibilities, to provide personnel, resources, or other forms of assistance in the training of Transportation Security Officers.''; (4) by moving subsection (h) 2 ems to the left; and (5) by redesignating the second subsection (i) (relating to accessibility of computer-based training facilities) as subsection (k). SEC. 4. PARTNERSHIPS WITH STATE AND LOCAL LAW ENFORCEMENT AGENCIES, INTERNATIONAL GOVERNMENTS, AND THE PRIVATE SECTOR. (a) In General.--The Assistant Secretary of Homeland Security (Transportation Security Administration) (in this Act referred to as the ``Assistant Secretary'') shall develop and maintain partnerships with State and local law enforcement agencies to improve the coordination of behavior detection activities. (b) Collaboration in Training and Behavior Detection Activities.-- In implementing partnerships under subsection (a), the Assistant Secretary shall-- (1) coordinate the provision of behavior detection training for State and local law enforcement officers with similar training provided for Transportation Security Officers of the Transportation Security Administration; and (2) provide behavior detection officers with the opportunity to cross-train with State and local law enforcement agencies and other Federal law enforcement agencies that are responsible for protecting critical infrastructure facilities and mass transit systems, as the Assistant Secretary considers appropriate. (c) Study on Real-Time Information Sharing.-- (1) In general.--The Secretary of Homeland Security shall conduct a study on the feasibility of creating an Aviation Sharing Analysis Center (in this Act referred to as ``ASAC'') to provide real-time information sharing relating to threats to the aviation sector. (2) Scope.--The Secretary shall study the feasibility of providing information sharing and analysis on a formal and informal basis among public and private sector entities in a manner that ensures a better understanding of security problems in the aviation sector, better communication of critical infrastructure information, and better prevention, detection, and mitigation of security threats related to critical aviation infrastructure. (3) Reports.--The Secretary shall submit a report to Congress not later than 180 days after the date of the enactment of this Act on the results of the study conducted under this subsection. (d) International Cooperation.--The Secretary of Homeland Security shall continue to advocate for international cooperation in the development of international aviation security standards, using both bilateral and multilateral approaches by working with foreign governments and organizations to strengthen security while promoting travel and protecting travelers' rights. SEC. 5. ACCESS TO INFORMATION DATABASES. The Assistant Secretary shall-- (1) require the Transportation Security Administration's Transportation Security Operations Center to utilize all of the law enforcement and intelligence databases available to the Center when checking passengers whose behavior warrants intervention by a law enforcement official; and (2) standardize and streamline threat-reporting guidelines to allow behavior detection officers or other designated Transportation Security Administration officials to receive information from the Transportation Security Operations Center in a timely manner. SEC. 6. STANDARDIZATION OF POLICIES OF THE TRANSPORTATION SECURITY ADMINISTRATION. The Assistant Secretary shall, to the maximum extent practicable, continue to ensure the standardization of the security and personnel procedures of the Transportation Security Administration at airports in the United States, including by-- (1) requiring standard operating procedures to be consistently enforced by the Transportation Security Administration at each airport in the United States; (2) standardizing career advancement policies based on merit; and (3) establishing timeframes and milestones for systematically conducting evaluations of the Screening of Passengers by Observation Techniques (SPOT) training program, in order to ensure behavior detection officers possess the knowledge and skills needed to perform their duties. SEC. 7. DEPLOYMENT OF ADDITIONAL SECURITY. The Assistant Secretary shall-- (1) deploy behavior detection officers to events designated as National Special Security Events by the Secretary of Homeland Security, as deemed appropriate; and (2) deploy Visible Intermodal Prevention and Response teams at passenger rail facilities to enhance security and cross- training opportunities for behavior detection officers, as deemed appropriate. SEC. 8. EMPLOYEE FEEDBACK. The Assistant Secretary shall establish an electronic medium through which Transportation Security Officers and behavior detection officers of the Transportation Security Administration may anonymously submit feedback to the Assistant Secretary regarding-- (1) the effectiveness of transportation security programs; and (2) any management issue that such personnel may wish to bring to the attention of the Assistant Secretary. SEC. 9. AIR CARGO SECURITY. The Assistant Secretary shall develop and implement a system to verify the accuracy of air carrier screening data to determine the level of compliance with the congressionally mandated 100-percent air cargo screening requirements specified in section 232 of the SAFE Port Act (6 U.S.C. 982). SEC. 10. EFFECTIVENESS AND EFFICIENCY OF SCREENING TECHNOLOGIES. (a) In General.--The Assistant Secretary shall develop a technology implementation plan that establishes how screening technologies will be integrated into overall aviation security systems at airports. As part of the plan, the Assistant Secretary shall-- (1) perform an internal study and evaluation of passenger and cargo screening technologies and equipment before entering into any contract to purchase a new technology; and (2) ensure that all passenger and cargo screening technology and equipment can be upgraded and easily integrated with other technologies. (b) Special Requirements.--Before deploying any passenger or screening technology or equipment that is designed to detect explosive compounds, the Assistant Secretary shall ensure that the technology and equipment can detect all explosive compounds that are known and characterized, such as pentaerythritol tetranitrate (PETN) and acetone peroxide (TATP). (c) Report.--Not later than 90 days after the date of the enactment of this Act, and for each of the 5 years thereafter, the Assistant Secretary shall report to Congress on the actions the Assistant Secretary is taking to address-- (1) the recommendations included in Department of Homeland Security's April 2011 Science and Technology Directorate study on the Transportation Security Administration's behavior detection (commonly referred to as ``SPOT''); (2) the recommendations included in the Government Accounting Office's May 2010 SPOT report; and (3) any additional steps the Assistant Secretary has taken, or is considering taking, to ensure that the behavior analysis program is a cost-effective and valid counterterrorism screening tool. SEC. 11. FREQUENT TRAVELER PROGRAM. The Secretary of Homeland Security shall explore expanding access to international trusted traveler programs for international passengers entering the United States by looking at other domestic and foreign government trusted traveler programs and identifying the best practices. The Secretary shall also take the lead in establishing a multinational network of streamlined entry procedures for low-risk travelers. The Assistant Secretary shall report to Congress not later than 1 year after the date of the enactment of this Act with recommendations for changes in law that may be necessary to streamline entry procedures. SEC. 12. AIRPORT INFRASTRUCTURE. In carrying out this Act, the Assistant Secretary shall work with each airport and offsite airport-related facility to continue to obtain sufficient physical space for Transportation Security Officers to work or train when not performing screening duty and report to Congress not later than 1 year after the date of the enactment of this Act on the status of the effort to obtain such space. SEC. 13. AVIATION ADVISORY PANEL. (a) In General.--To assist in carrying out the provisions of this Act, the Assistant Secretary shall establish an independent panel of experts comprised of leaders from State and local governments, first responder communities, the private sector, and academia, with appropriate security clearances to review Transportation Security Administration aviation security programs, including passenger screening programs, checked baggage screening programs, and air cargo screening programs-- (1) to assess the risk each program is designed to mitigate; and (2) to develop metrics for measuring the progress of each program in lessening that risk. (b) Report.--Not later than 90 days after completing a review of each program described in subsection (a), the Assistant Secretary shall submit to Congress a copy of the report completed by the panel of experts under subsection (a) and an action plan with defined milestones for addressing the findings and recommendations of the panel.

Aviation Security Innovation & Reform Act of 2011 or AIR Act of 2011 - Places the Transportation Security Administration (TSA), headed by the Assistant Secretary of Homeland Security (TSA), under the administration of the Department of Homeland Security (DHS). (Effectively updates federal law to reflect the transfer of the TSA from the Department of Transportation [DOT] to DHS in March 2003.) Establishes in the TSA the Office of Behavior Analysis, which shall provide behavior detection training to TSA and other federal, state, and local government law enforcement personnel. Transfers from the Under Secretary of Transportation for Security to the Assistant Secretary the duty to prescribe employment standards for air carrier personnel and airport security personnel. Revises security screening personnel training plan requirements to require the Assistant Secretary to establish a training plan for TSA Transportation Security Officers (TSOs) that: (1) ensures that TSO training is standardized; and (2) meets certain other requirements, including that each TSO receives training in basic security screening skills and criminal and antiterrorism awareness. Requires the Assistant Secretary to develop partnerships with state and local law enforcement agencies to improve coordination of behavior detection activities. Directs the DHS Secretary to: (1) study the feasibility of creating an Aviation Sharing Analysis Center to provide real-time information sharing among public and private sector entities with respect to threats to aviation infrastructure, and (2) continue to advocate for international cooperation with foreign governments and organizations in the development of international aviation security standards to strengthen security while promoting travel and protecting travelers' rights. Directs the Assistant Secretary to: (1) require the TSA Transportation Security Operations Center to use all of the law enforcement and intelligence databases available when checking passengers whose behavior warrants intervention by a law enforcement official, and (2) standardize and streamline threat-reporting guidelines to allow behavior detection officers or other designated TSA officials to receive Center information in a timely manner. Directs the Assistant Secretary to continue the standardization of TSA security and personnel procedures at U.S. airports. Requires the Assistant Secretary to deploy: (1) behavior detection officers to National Special Security Events designated by the DHS Secretary; and (2) Visible Intermodal Prevention and Response teams at passenger rail facilities to enhance security and cross-training opportunities for behavior detection officers. Directs the Assistant Secretary to establish an electronic medium through which TSOs and behavior detection officers may anonymously submit feedback regarding TSA transportation security programs or management issues. Directs the Assistant Secretary to develop: (1) a system to verify the accuracy of air carrier screening data to determine the level of compliance with the congressionally mandated 100% air cargo screening requirements specified under the SAFE Port Act; and (2) a technology implementation plan that establishes how screening technologies will be integrated into overall aviation security systems at airports, such as screening technology to detect explosive compounds like pentaerythritol tetranitrate (PETN) and acetone peroxide (TATP). Directs the DHS Secretary to explore expanding access to international trusted traveler programs for international passengers entering the United States by looking at other domestic and foreign government trusted traveler programs and identifying the best practices. Directs the Assistant Secretary to establish an independent aviation advisory panel to review TSA aviation security programs, including passenger screening programs, checked baggage screening programs, and air cargo screening programs.

A bill to address aviation security in the United States by bolstering passenger and air cargo screening procedures, to ensure that purchases of screening technologies are thoroughly evaluated for the best return on investment of the taxpayer's money, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Progress Assessment Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Timely and reliable data on the situation of women in the United States and around the world is critical to the effective implementation of the Platform for Action agreed upon at the International Conference on Population and Development and in evaluating the cost effectiveness of United States domestic and foreign assistance programs. (2) Statistics on women exist in every country, including the United States, but are not generally published or analyzed in a form accessible to those, including laypersons, concerned with gender issues. (3) Many of the statistical indicators currently used fail to provide a complete picture of women's health and their roles within the family, the economy, and political and social spheres. (4) Many topics relevant to gender issues in society have not been adequately measured, such as access to resources, time-use, extent of family responsibilities, and the quality and effectiveness of programs and policies designed to meet women's needs. Efforts to develop appropriate approaches to data collection and to refine old approaches to data collection are required. (5) Comparable measurements and standard methodologies for collection and analysis of gender statistics must be integrated into the ongoing programs of the United States Census Bureau's national and international statistical services, and the statistical services funded by United States Agency for International Development, so that they can provide an unbiased basis for the design, implementation and monitoring of programs, policies, and legislation. SEC. 3. SURVEY OF STATUS OF WOMEN. (a) Periodic Surveys Required.--Title 13, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 11--COLLECTION AND PUBLICATION OF INFORMATION ON THE STATUS OF WOMEN ``Sec. ``501. Collection and publication. ``502. Reports. ``503. Federal Forum on Women's Statistics. ``Sec. 501. Collection and publication ``(a) The Secretary shall collect, compile, and publish statistics concerning the status of women and girls of all ages in the United States, and compile and publish statistics concerning the status of women and girls of all ages in foreign countries and in refugee camps, including statistics in the following priority areas-- ``(1) participation in the labor force, and educational and political institutions; ``(2) the structure of, care of, and support for families; ``(3) fertility regulation behavior and health; and ``(4) such additional categories as the Secretary may determine. ``(b) To assist the Secretary in carrying out the provisions of this chapter in foreign countries and refugee camps, the Administrator of the United States Agency for International Development, acting through its regional bureaus as well as its offices of population and women in development, and the Secretary of State acting through the Bureau for Refugee Programs, shall collect the information described in this chapter in the form and manner which shall be agreed to between the Secretary, the Secretary of State, and the Administrator. ``(c) The Secretary, the Secretary of State, and the Administrator shall seek to develop and establish internationally comparable measures and standard methodologies for collection of information on women and their roles under this chapter in both a large scale quantitative manner and in-depth descriptive manner based on smaller samples, surveys, or case studies. The United States Agency for International Development, the State Department, and the Bureau of the Census shall incorporate these measures and methodologies into their current and future, data collection effort. The Bureau of the Census shall promote these measures and methodologies in their international programs. ``Sec. 502. Reports ``(a) The Secretary shall publish the statistics collected under section 501, together with information obtained from other departments, agencies, or establishments of the Federal Government-- ``(1) for the United States, in 1997 and every second year thereafter; and ``(2) for foreign countries, in 1999 and every fifth year thereafter. ``(b) Each report under subsection (a) (after the first such report) shall include historical comparisons and interpretive comparisons on the changes in the status of women since the preceding report. ``(c) Each report under this section shall be submitted to the Congress. ``Sec. 503. Federal Forum on Women's Statistics ``(a) To assist in carrying out the provisions in this chapter, the Secretary shall establish a Federal Forum on Women's Statistics. The Forum may include representatives from appropriate departments, agencies, and establishments of the Federal Government that collect, compile, analyze, or publish data on the status of women and girls, and those entities that receive Federal grants or contracts to collect, compile, analyze, or publish data on the status of women and girls. ``(b) The Forum shall meet semiannually to exchange information on current collection and survey initiatives and to avoid duplication of efforts, to identify gaps in data, and to carry out other activities as the Secretary shall designate.''. (b) Clerical Amendment.--The table of chapters at the beginning of title 13, United States Code, is amended by adding at the end the following: ``11. Collection and publication of information on the 501''. status of women.

Women's Progress Assessment Act - Amends Federal census law to require the Secretary of Commerce (Secretary) to collect, compile, and publish statistics concerning the status of women and girls of all ages in the United States, in foreign countries, and in refugee camps, including statistics in the following priority areas: (1) participation in the labor force and educational and political institutions; (2) the structure of, care of, and support for families; and (3) fertility regulation behavior and health. Requires the Administrator of the United States Agency for International Development, acting through its regional bureaus as well as its offices of population and women in development, and the Secretary of State, acting through the Bureau for Refugee Programs, to collect the information concerning the foreign countries and refugee camps. Requires the Secretary, the Secretary of State, and the Administrator to seek to develop and establish internationally comparable measures and standard methodologies for collection of information on women and their roles in both a large scale quantitative manner and in-depth descriptive manner based on smaller samples, surveys, or case studies. Requires the U.S. Agency for International Development, the State Department, and the Bureau of the Census to incorporate these measures and methodologies into their current and future data collection effort. Requires the Bureau of the Census to promote these measures and methodologies in international programs. Requires the Secretary to publish the collected statistics, together with information obtained from other Federal entities: (1) for the United States, in 1997 and every second year thereafter; and (2) for foreign countries, in 1999 and every fifth year thereafter. Requires: (1) the Secretary to establish a Federal Forum on Women's Statistics; and (2) the Forum to meet semiannually to exchange information on current collection and survey initiatives and to avoid duplication of efforts, to identify gaps in data, and to carry out other activities as the Secretary shall designate.

Women's Progress Assessment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Agricultural Products Market Access Act of 2003''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress makes the following findings: (1) The export of agricultural products is of vital importance to the economy of the United States. (2) In 2002, agriculture was a large positive contributor to the United States merchandise trade balance with a trade surplus of $12,300,000,000. (3) The growth of United States agricultural exports should continue to be an important factor in improving the United States merchandise trade balance. (4) Increasing the volume of agricultural exports will increase farm income in the United States, thereby protecting family farms and contributing to the economic well-being of rural communities in the United States. (5) Although the United States efficiently produces high- quality agricultural products, United States producers cannot realize their full export potential because many foreign countries deny fair and equitable market access to United States agricultural products. (6) The Foreign Agricultural Service estimates that United States agricultural exports are reduced by $4,700,000,000 annually due to unjustifiable imposition of sanitary and phytosanitary measures that deny or limit market access to United States products. (7) The denial of fair and equitable market access for United States agricultural products impedes the ability of United States farmers to export their products, thereby harming the economic interests of the United States. (b) Purposes.--The purposes of this Act are-- (1) to reduce or eliminate foreign unfair trade practices and to remove constraints on fair and open trade in agricultural products; (2) to ensure fair and equitable market access for exports of United States agricultural products; and (3) to promote free and fair trade in agricultural products. SEC. 3. IDENTIFICATION OF COUNTRIES THAT DENY MARKET ACCESS. (a) Identification Required.--Chapter 8 of title I of the Trade Act of 1974 (19 U.S.C. 2241 et seq.) is amended by adding at the end the following: ``SEC. 183. IDENTIFICATION OF COUNTRIES THAT DENY MARKET ACCESS FOR AGRICULTURAL PRODUCTS. ``(a) In General.--Not later than the date that is 30 days after the date on which the annual report is required to be submitted to Congressional committees under section 181(b), the United States Trade Representative (in this section referred to as the `Trade Representative') shall identify-- ``(1) those foreign countries that-- ``(A) deny fair and equitable market access to United States agricultural products, or ``(B) apply standards for the importation of agricultural products from the United States that are not related to public health concerns or cannot be substantiated by reliable analytical methods, and ``(2) those foreign countries identified under paragraph (1) that are determined by the Trade Representative to be priority foreign countries. ``(b) Special Rules for Identifications.-- ``(1) Criteria.--In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall only identify those foreign countries-- ``(A) that engage in or have the most onerous or egregious acts, policies, or practices that deny fair and equitable market access to United States agricultural products, ``(B) whose acts, policies, or practices described in subparagraph (A) have the greatest adverse impact (actual or potential) on the relevant United States products, and ``(C) that are not-- ``(i) entering into good faith negotiations, or ``(ii) making significant progress in bilateral or multilateral negotiations, to provide fair and equitable market access to United States agricultural products. ``(2) Consultation and consideration requirements.--In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall-- ``(A) consult with the Secretary of Agriculture and other appropriate officers of the Federal Government, and ``(B) take into account information from such sources as may be available to the Trade Representative and such information as may be submitted to the Trade Representative by interested persons, including information contained in reports submitted under section 181(b) and petitions submitted under section 302. ``(3) Factual basis requirement.--The Trade Representative may identify a foreign country under subsection (a)(1) only if the Trade Representative finds that there is a factual basis for the denial of fair and equitable market access as a result of the violation of international law or agreement, or the existence of barriers, referred to in subsection (d). ``(4) Consideration of historical factors.--In identifying foreign countries under paragraphs (1) and (2) of subsection (a), the Trade Representative shall take into account-- ``(A) the history of agricultural trade relations with the foreign country, including any previous identification under subsection (a)(2), and ``(B) the history of efforts of the United States, and the response of the foreign country, to achieve fair and equitable market access for United States agricultural products. ``(c) Revocations and Additional Identifications.-- ``(1) Authority to act at any time.--If information available to the Trade Representative indicates that such action is appropriate, the Trade Representative may at any time-- ``(A) revoke the identification of any foreign country as a priority foreign country under this section, or ``(B) identify any foreign country as a priority foreign country under this section. ``(2) Revocation reports.--The Trade Representative shall include in the semiannual report submitted to the Congress under section 309(3) a detailed explanation of the reasons for the revocation under paragraph (1) of the identification of any foreign country as a priority foreign country under this section. ``(d) Denial of Fair and Equitable Market Access Defined.--For purposes of this section, a foreign country denies fair and equitable market access if the foreign country effectively denies access to a market for a product through the use of laws, procedures, practices, or regulations which-- ``(1) violate provisions of international law or international agreements to which both the United States and the foreign country are parties, or ``(2) constitute discriminatory nontariff trade barriers. ``(e) Publication.--The Trade Representative shall publish in the Federal Register a list of foreign countries identified under subsection (a) and shall make such revisions to the list as may be required by reason of the action under subsection (c). ``(f) Annual Report.--The Trade Representative shall, not later than the date by which countries are identified under subsection (a), transmit to the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report on the actions taken under this section during the 12 months preceding such report, and the reasons for such actions, including a description of progress made in achieving fair and equitable market access for United States agricultural products.''. (b) Clerical Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 182 the following: ``183. Identification of countries that deny market access for agricultural products.''. (c) Additional Staff for Office of Assistant Trade Representative for Agricultural Affairs and Office of Assistant Trade Representative for Monitoring and Enforcement.-- (1) In general.--There is authorized to be appropriated such sums as may be necessary for fiscal year 2004 for the salaries and expenses of 1 additional specialist employee position within the Office of the Assistant United States Trade Representative for Agricultural Affairs and 1 additional specialist employee position within the Office of the Assistant United States Trade Representative for Monitoring and Enforcement. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. SEC. 4. INVESTIGATIONS. (a) Investigation Required.--Subparagraph (A) of section 302(b)(2) of the Trade Act of 1974 (19 U.S.C. 2412(b)(2)) is amended by inserting ``or 183(a)(2)'' after ``section 182(a)(2)'' in the matter preceding clause (i). (b) Conforming Amendment.--Subparagraph (D) of section 302(b)(2) of such Act is amended by inserting ``concerning intellectual property rights that is'' after ``any investigation''.

United States Agricultural Products Market Access Act of 2003 - Amends the Trade Act of 1974 to direct the United States Trade Representative (USTR) to identify those foreign countries that: (1) deny fair and equitable market access to U.S. agricultural products or apply standards for the importation of U.S. agricultural products that are not related to public health concerns or cannot be substantiated by reliable analytical methods; and (2) are determined by the USTR to be priority foreign countries. Limits the identification of priority foreign countries to those that engage in the most onerous or egregious acts which have the greatest adverse impact on the relevant U.S. products. Provides that if available information indicates that such action is appropriate, the USTR may at any time: (1) revoke the identification of any foreign country as a priority foreign country; or (2) identify any foreign country as a priority foreign country. Provides funding for additional staff for the Office of the Assistant U.S. Trade Representative for Agricultural Affairs and Office of the Assistant U.S. Trade Representative for Monitoring and Enforcement. Requires the U.S. Trade Representative to initiate an investigation (without waiting for a petition by an interested person) regarding any act, policy, or practice of a priority foreign country identified under this Act.

To amend the Trade Act of 1974 to establish procedures for identifying countries that deny market access for agricultural products of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education for Freedom Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Given the increased threat to American ideals in the trying times in which we live, it is important to preserve and defend our common heritage of freedom and civilization and to ensure that future generations of Americans understand the importance of traditional American history and the principles of free government on which this Nation was founded in order to provide the basic knowledge that is essential to full and informed participation in civic life and to the larger vibrancy of the American experiment in self-government, binding together a diverse people into a single Nation with a common purposes. (2) However, despite its importance, most of the Nation's colleges and universities no longer require United States history or systematic study of Western civilization and free institutions as a prerequisite to graduation. (3) In addition, too many of our Nation's elementary and secondary history teachers lack the training necessary to effectively teach these subjects--due largely to the inadequacy of their teacher preparation. (4) Distinguished historians and intellectuals fear that without a common civic memory and a common understanding of the remarkable individuals, events, and ideals that have shaped our Nation and its free institutions, the people in the United States risk losing much of what it means to be an American, as well as the ability to fulfill the fundamental responsibilities of citizens in a democracy. (b) Purposes.--The purpose of this act is to promote and sustain post-secondary academic centers, institutes, and programs that offer undergraduate and graduate courses, support research, and develop teaching materials for the purpose of developing and imparting a knowledge of traditional American history, the American Founding, the history and nature of, and threats to, free institutions, or of the nature, history and achievements of Western Civilization, particularly for-- (1) undergraduate students enrolled in teacher education programs, or who may consider becoming school teachers, or who wish to enhance their civic competence; (2) elementary, middle, and high school teachers in need of additional training in order to effectively teach in these subject area; and (3) graduate students and post-secondary faculty who wish to teach about these subject areas with greater knowledge and effectiveness. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Eligible institution.--For the purposes of this Act: (A) In general.--The term ``eligible institution'' means-- (i) an institution of higher education; (ii) a specific program within an institution of higher education; and (iii) a non-profit history or academic organization associated with higher education whose mission is consistent with the purposes of this Act. (B) Special rule.--An eligible institution within the meaning of subparagraph (A) may apply to award subgrants to other such eligible institutions at the discretion of, and subject to the oversight of, the Secretary. (2) Free institution.--The term ``free institution'' means institutions that emerged out of Western Civilization, such as democracy, individual rights, market economics, religious freedom and tolerance, and freedom of thought and inquiry. (3) Institution of higher education.--The term ``institution of higher education'' has the same meaning given that term under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) Secretary.--The term ``Secretary'' means the Secretary of Education. (5) Traditional american history.--The term ``traditional American history'' means the significant constitutional, political, intellectual, economic, and foreign policy trends and issues that have shaped the course of American history; and the key episodes, turning points and leading figures, involved in the constitutional, political, intellectual, diplomatic, and economic history of the United States. SEC. 4. GRANTS TO ELIGIBLE INSTITUTIONS. (a) In General.--From amounts appropriated to carry out this Act, the Secretary shall provide, on a competitive basis, grants to eligible institutions, which shall be used for-- (1) History Teacher Preparation Initiatives, that-- (A) stress content mastery in traditional American history and the principals on which the American political system is based, including the history and philosophy of free institutions, and the study of Western civilization; and (B) provide for grantees to carry out research, planning, and coordination activities devoted to the purposes of this Act. (2) Grants to Strengthen Post-Secondary Programs in fields related to the American founding, free institutions, and Western civilization, particularly through-- (A) the design and implementation of courses, lecture series and symposia, the development and publication of instructional materials, and the development of new, and supporting of existing, academic centers; (B) research supporting the development of relevant course materials; (C) the support of faculty teaching in undergraduate and graduate programs; and (D) the support of graduate and postgraduate fellowships and courses for scholars related to such fields. (b) Selection Criteria.--In selecting eligible institutions for grants under this section for any fiscal year, the Secretary shall establish criteria by regulation, which shall, at a minimum, consider the education value and relevance of the institution's programming to carrying out the purposes of this Act and the expertise of key personnel in the area of traditional American history and the principals on which the American political system is based, including the political and intellectual history and philosophy of free institutions, the American Founding, and other key events that have contributed to American freedom and the study of Western civilization. (c) Grant Application.--An eligible institution that desires to receive a grant under this Act shall submit to the Secretary an application therefor at such time or times, or in such manner, and containing such information as the Secretary may prescribe by regulation. (d) Grant Review.--The Secretary shall establish procedures for reviewing and evaluating grants and contracts made or entered into under such programs. (e) Grant Awards.-- (1) Maximum and minimum grants.--For the purposes of this Act, the Secretary shall award grants of not less than $400,000 and not more than $6,000,000 to eligible institutions. (2) Exception.--A subgrant by an eligible institution to another eligible institution is not subject to the minimum amount specified in paragraph (1). (f) Multiple Awards.--For the purposes of this Act, the Secretary may award more than one grant to an eligible institution. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) For the purpose of carrying out this Act, there are authorized to be appropriated-- (1) $140,000,000 for fiscal year 2004; and (2) such sums as may be necessary for each of the succeeding 5 fiscal years. SEC. 6. EFFECTIVE DATE. This Act shall take effect on September 1, 2003.

Higher Education for Freedom Act - Directs the Secretary of Education to make competitive grants to eligible institutions to prepare elementary, middle, and secondary school history teachers and to strengthen postsecondary programs in fields related to the founding of the United States, free institutions, and Western civilization.

To amend the Higher Education Act to establish and strengthen post-secondary programs and courses in the subjects of traditional American history, free institutions, and Western civilization, available to students preparing to teach these subjects, and to other students.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Veterans' Data Protection and Identity Theft Prevention Act of 2006''. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Data breach.--The term ``data breach'' means the unauthorized acquisition or use of data in electronic or printed form containing sensitive personal information, including information compromised with respect to the theft of data first publicly reported on May 22, 2006. (2) Data in electronic form.--The term ``data in electronic form'' means any data stored electronically or digitally on any computer system or database and includes recordable tapes and other mass storage devices. (3) Department.--The term ``Department'' means the Department of Veterans Affairs. (4) Encryption.--The term ``encryption'' means the protection of data in electronic form in storage or transit using an encryption technology that has been adopted by an established standards setting body which renders such data indecipherable in the absence of associated cryptographic keys necessary to enable decryption of such data, together with appropriate management and safeguards of such keys to protect the integrity of the encryption. (5) Nationwide consumer reporting agency.--The term ``nationwide consumer reporting agency'' means a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act. (6) Secretary.--The term ``Secretary'' means the Secretary of Veterans Affairs. (7) Sensitive personal information.--The term ``sensitive personal information'' means the name, address, or telephone number of a veteran or other individual, in combination with any of the following: (A) Social Security number. (B) Any information not available as part of the public record regarding the veteran or other individual's military service or health. (C) Any financial account or other financial information relating to the veteran or other person. SEC. 3. PROTECTION OF SENSITIVE PERSONAL INFORMATION OF VETERANS. (a) Affirmative Obligation.--The Secretary shall have an affirmative obligation to protect from any data breach the sensitive personal information of veterans and any other individuals that the Department (or any third-party entity acting on behalf of the Department) possesses, creates, or maintains as well as any information or tools, including passwords or cryptographic keys used to protect the integrity of encrypted data, used to access sensitive personal information maintained independently by others. (b) Security Policies and Procedures.--The Secretary shall implement and maintain reasonable policies and procedures to protect the security and confidentiality of sensitive personal information relating to any veteran or other individual that is maintained, serviced, or communicated by or on behalf of the Department against any unauthorized access. (c) Policies and Procedures Regarding Access and Use.--The Secretary, by regulation, shall prescribe policies and procedures regarding employee and third party access to, and use of, sensitive personal information as well as the protection of such sensitive personal information, which the Department receives, maintains, or transmits. Such policies and procedures shall be issued before the end of the 90-day period beginning on the date of the enactment of this Act. (d) System Restoration Requirements.--If the Secretary determines that a data breach has occurred, is likely to have occurred, or is unavoidable, the Secretary shall take prompt and reasonable measures to-- (1) repair the breach and restore the security and confidentiality of the sensitive personal information involved to limit further unauthorized misuse of such information; and (2) restore the integrity of the data security safeguards of the Department and make appropriate improvements to the data security, and the access and use, policies and procedures issued under subsections (b) and (c). (e) Third Party Duties.-- (1) Coordinated investigation.--Whenever any third party handling sensitive personal information for or on behalf of the Department determines that a data breach has occurred, is likely to have occurred, or is unavoidable, with respect to such information, the third party shall-- (A) promptly notify the Department of such determination; (B) conduct a coordinated investigation with the Department to determine the full scope of any such data breach; and (C) ensure that the appropriate notices are provided as required under section 4 of this Act. (2) Contractual obligation required.--The Secretary shall not provide sensitive personal information to a third party unless such third party agrees to fulfill the obligations imposed by sections 4, 5, and 6 of this Act. (3) Liability for costs.--Except as otherwise established by written agreements between the Department and any third party, a third party that suffers a data breach shall be responsible for all costs associated with complying with this Act, as well as other costs related to such a breach, including any damages relating to such a breach. SEC. 4. NOTIFICATION OF DATA BREACH. (a) Notification.--Upon discovery of a data breach, the Secretary shall-- (1) notify the United States Secret Service, the Inspector General for the Department of Veterans Affairs, the Committees on Veterans' Affairs of the Senate and the House of Representatives, and the Federal Trade Commission that a data breach has occurred and the extent of such a breach; (2) notify each individual whose personal information was acquired or accessed by an unauthorized person as a result of such a data breach; and (3) place a conspicuous notice on the Department's Internet website, which shall include a telephone number that the individual may use, at no cost to such individual, to contact the Department to inquire about the data breach or the information the Department maintained about that individual. (b) Timeliness of Notification.--All notifications required under subsection (a) shall be made as promptly as possible and without unreasonable delay following the discovery of a data breach and the implementation of any measures necessary to determine the scope of the breach, prevent any further breach or unauthorized disclosures, and reasonably restore the integrity of the data system. (c) Method and Content of Notification.-- (1) Method of notification.--The Secretary shall provide written notification to individuals under subsection (a)(2). (2) Content of notification.--Such written notification provided to an individual under paragraph (1) shall include-- (A) a description of the personal information that was acquired by an unauthorized person; (B) a telephone number that the individual may use, at no cost to such individual, to contact the Ombudsman for Data Security in the Department to inquire about the security breach or the information about that individual that the person acquired or accessed, as well as to obtain assistance in addressing identity theft issues; (C) the toll-free contact telephone numbers and addresses for the major credit reporting agencies; (D) a toll-free telephone number and Internet website address for the Federal Trade Commission whereby the individual may obtain information regarding identity theft; and (E) information regarding the right of an individual, at no cost to that individual, to place a fraud alert, obtain a security freeze, and receive credit monitoring where applicable, including information clearly describing the advantages and disadvantages of these actions. (d) Website Notice of Federal Trade Commission.--The Federal Trade Commission shall place, in a clear and conspicuous location on its Internet website, a notice of any breach of security that is reported to the Commission under subsection (a)(1). SEC. 5. FRAUD ALERTS. (a) Inclusion in Consumer Files.--The Secretary shall arrange, upon the request of a veteran or other individual affected by a data breach and at no cost to the veteran or other individual, to include a fraud alert in the file of that veteran or other individual with each nationwide consumer reporting agencies in the manner provided under section 605A(a) for a period of not less than 1 year, beginning on the date of such request, unless the veteran or other individual requests that such fraud alert be removed before the end of such period, and the agency has received appropriate proof of the identity of the requestor for such purpose. (b) Distribution.--Each nationwide consumer reporting agency referred to in subsection (a) shall also provide the alert required under such subsection in the file of a veteran or other individual along with any credit score generated in using that file, for a period of not less than 1 year, beginning on the date of such request, unless the veteran or other individual requests that such fraud alert be removed before the end of such period, and the agency has received appropriate proof of the identity of the requestor for such purpose. SEC. 6. CREDIT SECURITY FREEZE. (a) In General.--The Secretary shall arrange, upon the request of a veteran or other individual affected by a data breach and at no cost to the veteran or other individual, to apply a security freeze to the file of that veteran or other individual with each nationwide consumer reporting agency for a period of not less than 1 year, beginning on the date of such request, unless the veteran or other individual requests that such security freeze be removed before the end of such period, and the agency has received appropriate proof of the identity of the requestor for such purpose. (b) Confirmation and Pin Numbers.--The agency shall send a written confirmation of the security freeze to the veteran or other individual within 5 business days of placing the freeze. The agency shall refer the information regarding the security freeze to other consumer reporting agencies. The agency shall provide the veteran or other individual with a unique personal identification number or password to be used by the veteran or other individual when providing authorization for the release of his or her credit for a specific party or period of time. (c) Temporary Lift of Freeze.--The agency that receives a request from a veteran or other individual to temporarily lift a freeze on a consumer report shall comply with the request no later than 3 business days after receiving the request. Such request shall be specific as to the period to which the temporary lift of a freeze shall apply. (d) Negotiating Authority.--The Secretary shall have broad authority to negotiate and secure the best possible price for services provided under this section. All reasonable costs shall be borne by the Secretary. SEC. 7. AUTHORITY TO PROVIDE MITIGATION SERVICES TO VICTIMS OF DATA SECURITY BREACHES. (a) In General.--The Secretary shall provide, free of charge, to each individual whose personal information is (or was before the date of enactment of this Act) compromised by a data breach at the Department of Veterans Affairs-- (1) credit monitoring services, during a 1-year period beginning on the date of enactment of this Act; and (2) a copy of the consumer report (as defined in section 603 of the Fair Credit Reporting Act) of the affected individual once annually during the 2-year period beginning on the date on which the credit monitoring services required by paragraph (1) terminate, which shall be in addition to any other consumer report provided to the individual under otherwise applicable law, free of charge or otherwise. (b) Negotiating Authority.--The Secretary of Veterans Affairs shall have broad authority to negotiate and secure the best possible price for services provided under this section. SEC. 8. OMBUDSMAN. (a) Establishment.--The Secretary shall establish the position of an Ombudsman for Data Security within the Department. (b) Duties.--The Ombudsman for Data Security shall-- (1) provide information and assistance to veterans or other individuals affected by data breaches, including providing information and assistance on identity theft and issues relating to identity theft; (2) assist veterans or other individuals affected by a data breach with placing fraud alerts and security freezes; (3) provide veterans with ongoing education on general financial matters and identity theft in particular; and (4) carry out such other duties and responsibilities as the Secretary may designate to the Ombudsman for Data Security.

Comprehensive Veterans' Data Protection and Identity Theft Prevention Act of 2006 - Places upon the Secretary of Veterans Affairs an affirmative obligation to protect from any data breach the sensitive personal information of veterans and any other individuals that the Department of Veterans Affairs possesses, creates, or maintains, as well as information or tools (including passwords and encryption keys) used to protect the integrity of such data. Requires the Secretary to: (1) implement and maintain reasonable security policies and procedures to protect such information; and (2) prescribe policies and procedures regarding employee and third party access to, and use of, such information which the Department receives, maintains, or transmits. Directs the Secretary, upon discovery of a data breach, to: (1) notify the United States Secret Service, the Department's Inspector General, the congressional veterans' committees, and the Federal Trade Commission (FTC); (2) notify each individual whose information was acquired or accessed by an unauthorized person; and (3) place a conspicuous notice on the Department's Internet website. Requires the Secretary, upon request of an affected individual, to: (1) include a fraud alert in the file of the individual with each nationwide consumer reporting agency; (2) apply a security freeze to the file of such individual; and (3) provide free damage mitigation services, including credit monitoring and annual copies of consumer credit reports. Establishes within the Department an Ombudsman for Data Security.

To require the Secretary of Veterans Affairs to protect sensitive personal information of veterans, to ensure that veterans are appropriately notified of any breach of data security with respect to such information, to provide free credit monitoring and credit reports for veterans and others affected by any such breach of data security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hudson River Valley American Heritage Area Act of 1994''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Hudson River Valley between Yonkers, New York, and Troy, New York, possesses important historical, cultural, and natural resources, representing themes of settlement and migration, transportation, and commerce. (2) The Hudson River Valley played an important role in the military history of the American Revolution. (3) The Hudson River Valley gave birth to important movements in American art and architecture through the work of Andrew Jackson Downing, Alexander Jackson Davis, Thomas Cole, and their associates, and played a central role in the recognition of the esthetic value of the landscape and the development of an American esthetic ideal. (4) The Hudson River Valley played an important role in the development of the iron, textile, and collar and cuff industries in the 19th century, exemplified in surviving structures such as the Harmony Mills complex at Cohoes, and in the development of early men's and women's labor and cooperative organizations, and is the home of the first women's labor union and the first women's secondary school. (5) The Hudson River Valley, in its cities and towns and in its rural landscapes-- (A) displays exceptional surviving physical resources illustrating these themes and the social, industrial, and cultural history of the 19th and early 20th centuries; and (B) includes many National Historic Sites and Landmarks. (6) The Hudson River Valley is the home of traditions associated with Dutch and Huguenot settlements dating to the 17th and 18th centuries, was the locus of characteristic American stories such as ``Rip Van Winkle'' and the ``Legend of Sleepy Hollow'', and retains physical social, and cultural evidence of these traditions and the traditions of other more recent ethnic and social groups. (7) New York State has established a structure for the Hudson River Valley communities to join together to preserve, conserve, and manage these resources, and to link them through trails and other means, in the Hudson River Greenway Communities Council and the Greenway Conservancy. SEC. 3. PURPOSES. The purposes of this Act are the following: (1) To recognize the importance of the history and the resources of the Hudson River Valley to the Nation. (2) To assist the State of New York and the communities of the Hudson River Valley in preserving, protecting, and interpreting these resources for the benefit of the Nation. (3) To authorize Federal financial and technical assistance to serve these purposes. SEC. 4. HUDSON RIVER VALLEY AMERICAN HERITAGE AREA. (a) Establishment.--There is hereby established a Hudson River Valley American Heritage Area (in this Act referred to as the ``Heritage Area''). (b) Boundaries.--The Heritage Area shall be comprised of the counties of Albany, Rensselaer, Columbia, Greene, Ulster, Dutchess, Orange, Putnam, Westchester, and Rockland, New York, and the Village of Waterford in Saratoga County, New York. (c) Management Entities.--The management entities for the Heritage Area shall be the Hudson River Valley Greenway Communities Council and the Greenway Conservancy (agencies established by the State of New York in its Hudson River Greenway Act of 1991, in the Act referred to as the ``management entities''). The management entities shall jointly establish a Heritage Area Committee to manage the Heritage Area. SEC. 5. COMPACT. To carry out the purposes of this Act, the Secretary of the Interior (in this Act referred to as the ``Secretary'') shall enter into a compact with the management entities. The compact shall include information relating to the objectives and management of the area, including the following: (1) A discussion of the goals and objectives of the Heritage Area, including an explanation of a proposed approach to conservation and interpretation, and a general outline of the protection measures committed to by the parties to the compact. (2) A description of the respective roles of the management entities. (3) A list of the initial partners to be involved in developing and implementing a management plan for the Heritage Area, and a statement of the financial commitment of such partners. (4) A description of the role of the State of New York. SEC. 6. MANAGEMENT PLAN. The management entities shall develop a management plan for the Heritage Area that presents comprehensive recommendations for the Heritage Area's conservation, funding, management and development. Such plan shall take into consideration existing State, county, and local plans and involve residents, public agencies, and private organizations working in the Heritage Area. It shall include actions to be undertaken by units of government and private organizations to protect the resources of the Heritage Area. It shall specify the existing and potential sources of funding to protect, manage and develop the Heritage Area. Such plan shall include specifically as appropriate the following: (1) An inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the themes of the Heritage Area and that should be preserved, restored, managed, developed, or maintained because of its natural, cultural, historic, recreational, or scenic significance. (2) A recommendation of policies for resource management which consider and detail application of appropriate land and water management techniques, including but not limited to, the development of intergovernmental cooperative agreements to protect the Heritage Area's historical, cultural, recreational, and natural resources in a manner consistent with supporting appropriate and compatible economic viability. (3) A program for implementation of the management plan by the management entities, including plans for restoration and construction, and specific commitments of the identified partners for the first 5 years of operation. (4) An analysis of ways in which local, State, and Federal programs may best be coordinated to promote the purposes of the Act. (5) An interpretation plan for the Heritage Area. SEC. 7. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITIES. (a) Authorities of the Management Entities.--The management entities may, for purposes of preparing and implementing the management plan under section 6, use Federal funds made available through this Act-- (1) to make loans and grants to, and enter into cooperative agreements with, States and their political subdivisions, private organizations, or any person; and (2) to hire and compensate staff. (b) Duties of the Management Entities.--The management entities shall-- (1) develop and submit to the Secretary for approval a management plan as described in section 6 within 5 years after the date of the enactment of this Act; (2) give priority to implementing actions as set forth in the compact and the management plan, including taking steps to-- (A) assist units of government, regional planning organizations, and nonprofit organizations in preserving the Heritage Area; (B) assist units of government, regional planning organizations, and nonprofit organizations in establishing, and maintaining interpretive exhibits in the Heritage Area; (C) assist units of government, regional planning organizations, and nonprofit organizations in developing recreational resources in the Heritage Area; (D) assist units of government, regional planning organizations, and nonprofit organizations in increasing public awareness of and appreciation for the natural, historical and architectural resources and sites in the Heritage Area; (E) assist units of government, regional planning organizations and nonprofit organizations in the restoration of any historic building relating to the themes of the Heritage Area; (F) encourage by appropriate means economic viability in the corridor consistent with the goals of the Plan; (G) encourage local governments to adopt land use policies consistent with the management of the Heritage Area and the goals of the plan; and (H) assist units of government, regional planning organizations and nonprofit organizations to ensure that clear, consistent, and environmentally appropriate signs identifying access points and sites of interest are put in place throughout the Heritage Area; (3) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area; (4) conduct public meetings at least quarterly regarding the implementation of the management plan; (5) submit substantial changes (including any increase of more than 20 percent in the cost estimates for implementation) to the management plan to the Secretary for the Secretary's approval; (6) for any year in which Federal funds have been received under this Act, submit an annual report to the Secretary setting forth its accomplishments, its expenses and income, and the entities to which any loans and grants were made during the year for which the report is made; and (7) for any year in which Federal funds have been received under this Act, make available for audit all records pertaining to the expenditure of such funds and any matching funds, and require, for all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available for audit all records pertaining to the expenditure of such funds. If a management plan is not submitted to the Secretary as required under paragraph (1) within the specified time, the Heritage Area shall no longer qualify for Federal funding. (c) Prohibition on the Acquisition of Real Property.--The management entities may not use Federal funds received under this Act to acquire real property or an interest in real property. Nothing in this Act shall preclude any management entity from using Federal funds from other sources for their permitted purposes. (d) Eligibility for Receiving Financial Assistance.-- (1) Eligibility.--The management entities shall be eligible to receive funds appropriated through this Act for a period of 10 years after the day on which the compact under section 5 is signed by the Secretary and the management entities, except as provided in paragraph (2). (2) Exception.--The management entities' eligibility for funding under this Act may be extended for a period of not more than 5 additional years, if-- (A) the management entities determine such extension is necessary in order to carry out the purposes of this Act and notify the Secretary not later than 180 days prior to the termination date; (B) the management entities, not later than 180 days prior to the termination date, present to the Secretary a plan of their activities for the period of the extension, including provisions for becoming independent of the funds made available through this Act; and (C) the Secretary, with the advice of the Governor of New York approves such extension of funding. SEC. 8. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. (a) Duties and Authorities of the Secretary.-- (1) Technical and financial assistance.-- (A) In general.--The Secretary may, upon request of the management entities, provide technical and financial assistance to the Heritage Area to develop and implement the management plan. In assisting the Heritage Area, the Secretary shall give priority to actions that in general assist in-- (i) conserving the significant natural, historic, and cultural resources which support its themes; and (ii) providing educational, interpretive, and recreational opportunities consistent with its resources and associated values. (B) Spending for non-federally owned property.--The Secretary may spend Federal funds directly on non- federally owned property to further the purposes of this Act, especially in assisting units of government in appropriate treatment of districts, sites, buildings, structures, and objects listed or eligible for listing on the National Register of Historic Places. (2) Approval and disapproval of compacts, and management plans.-- (A) In general.--The Secretary, in consultation with the Governor of New York, shall approve or disapprove a compact or management plan submitted under this Act not later than 90 days after receiving such compact or management plan. (B) Action following disapproval.--If the Secretary disapproves a submitted compact or management plan, the Secretary shall advise the management entities in writing of the reasons therefor and shall make recommendations for revisions in the compact or plan. The Secretary shall approve or disapprove a proposed revision within 90 days after the date it is submitted. (3) Approving amendments.--The Secretary shall review substantial amendments to the management plan for the Heritage Area. Funds appropriated pursuant to this Act may not be expended to implement the changes until the Secretary approves the amendments. (4) Promulgating regulations.--The Secretary shall promulgate such regulations as are necessary to carry out the purposes of this Act. (b) Duties of Federal Entities.--Any Federal entity conducting or supporting activities directly affecting the Heritage Area, and any unit of government acting pursuant to a grant of Federal funds or a Federal permit or agreement conducting or supporting such activities, shall to the maximum extent practicable-- (1) consult with the Secretary and the management entities with respect to such activities; (2) cooperate with the Secretary and the management entities in carrying out their duties under this Act and coordinate such activities with the carrying out of such duties; and (3) conduct or support such activities in a manner consistent with the management plan unless the Federal entity, after consultation with the management entities, determines there is no practicable alternative. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) Compacts and Management Plan.--From the amounts made available to carry out the National Historic Preservation Act, there is authorized to be appropriated to the Secretary, for grants for developing a compact under section 5 and providing assistance for a management plan under section 6, not more than $300,000, to remain available until expended, subject to the following conditions: (1) No grant for a compact or management plan may exceed 75 percent of the grantee's cost for such study, plan, or early action. (2) The total amount of Federal funding for the compact for the Heritage Area may not exceed $150,000. (3) The total amount of Federal funding for a management plan for the Heritage Area may not exceed $150,000. (b) Management Entity Operations.--From the amounts made available to carry out the National Historic Preservation Act, there is authorized to be appropriated to the Secretary for the management entities, amounts as follows: (1) For the operating costs of each management entity, pursuant to section 7, not more than $250,000 annually. (2) For technical assistance pursuant to section 8, not more than $50,000 annually. The Federal contribution to the operations of the management entities shall not exceed 50 percent of the annual operating costs of the entities. (c) Implementation.--From the amounts made available to carry out the National Historic Preservation Act, there is authorized to be appropriated to the Secretary, for grants and the administration thereof for the implementation of the management plans for the Heritage Area pursuant to section 8, not more than $10,000,000, to remain available until expended, subject to the following conditions: (1) No grant for implementation may exceed 50 percent of the grantee's cost of implementation. (2) Any payment made shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purposes of this Act, as determined by the Secretary, shall result in a right of the United States of reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. HR 4720 IH----2

Hudson River Valley American Heritage Area Act of 1994 - Establishes the Hudson River Valley American Heritage Area in New York. Provides that the management entities for the Area shall be the Hudson River Greenway Communities Council and the Greenway Conservancy (agencies established by the State of New York in its Hudson River Greenway Act of 1991). Requires the entities to jointly establish a Heritage Area Committee to manage the Area. Directs the Secretary of the Interior to enter into a compact with the management entities that shall include information relating to the objectives and management of the Area. Requires the entities to develop a management plan for the Area that presents comprehensive recommendations for the Area's conservation, funding, management, and development. Authorizes appropriations.

Hudson River Valley American Heritage Area Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``SSI Disability Reform Act of 1993''. SEC. 2. REPRESENTATIVE PAYEE REFORMS. (a) Authority of Government Agencies to Become Paid Representative Payees.--Section 1631(a)(2)(D)(ii) of the Social Security Act (42 U.S.C. 1383(a)(2)(D)(ii)) is amended by adding at the end the following: ``The term `qualified organization' also includes any government agency that meets the requirements of items (aa) and (bb) of subclause (II).''. (b) Maximum Fee Payable to Representative Payees.--Section 1631(a)(2)(D)(i) of such Act (42 U.S.C. 1383(a)(2)(D)(i)) is amended by striking ``the lesser of--'' and all that follows and inserting ``10 percent of the monthly benefit involved.''. SEC. 3. REFORM OF SSI DISABILITY BENEFITS BASED ON SUBSTANCE ABUSE. (a) In General.--Section 1611(e)(3) of the Social Security Act (42 U.S.C. 1382(e)(3)) is amended-- (1) by striking all that precedes subparagraph (B) and inserting the following: ``(3)(A) Notwithstanding paragraphs (1) and (2), a person who (but for this subparagraph) would be an eligible individual or eligible spouse for purposes of this title solely by reason of disability and who is medically determined to be a drug addict or an alcoholic shall not be such an eligible individual or eligible spouse until-- ``(i) the person, through an outpatient rehabilitation program, has undergone treatment appropriate for such condition for 3 months at an institution or facility approved by the Secretary for purposes of this paragraph, and has complied with the terms, conditions, and requirements of such treatment and with the requirements imposed under subparagraph (D); and ``(ii) the State in which the person resides determines that-- ``(I) the person has made progress towards recovery, or has recovered; or ``(II) if the person has not made progress towards recovery, the person meets such requirements established in regulations as the Secretary deems appropriate to effectuate the purposes of this title.''; (2) by redesignating subparagraph (B) as subparagraph (D); (3) by inserting after the matter added by paragraph (1) of this subsection the following: ``(B) If, after the 3-month treatment period referred to in subparagraph (A)(i), the State determines that the person has not recovered from the condition treated, then, as a condition of receiving benefits under this title by reason of disability, the person must continue to comply with the terms, conditions, and requirements of such treatment and with the requirements imposed under subparagraph (D), until recovery. ``(C)(i) A person who fails to continue treatment as required by subparagraph (B) shall not be an eligible individual or an eligible spouse for purposes of this title by reason of disability, until the person has completed 2 weeks of such treatment. ``(ii) A person who has become an eligible individual or an eligible spouse for purposes of this title by reason of disability after clause (i) has been applied to the person, and who fails to continue treatment as required by subparagraph (B), shall not be an eligible individual or an eligible spouse for purposes of this title by reason of disability, until the person has completed 2 months of such treatment. ``(iii) A person who has become an eligible individual or an eligible spouse for purposes of this title by reason of disability after clause (ii) has been applied to the person, and who fails to continue treatment as required by subparagraph (B), shall not again become an eligible individual or an eligible spouse for purposes of this title by reason of disability.''; and (4) by adding at the end the following: ``(E) The Secretary, in consultation with drug and alcohol treatment professionals, shall develop standards for drug and alcohol treatment programs, and in consultation with States, shall develop guidelines to be used to review and evaluate the progress of participants in such programs.''. (b) Preservation of Medicaid Benefits.--Section 1634 of such title (42 U.S.C. 1383c) is amended by adding at the end the following: ``(e) For purposes of title XIX, each person who is not an eligible individual or an eligible spouse solely by reason of section 1611(e)(3) shall be treated as receiving benefits under this title for so long as such person would be eligible for such benefits in the absence of such section.''. SEC. 4. MANDATORY MEDICAID COVERAGE OF SUBSTANCE ABUSE TREATMENT PROGRAMS FOR DISABLED SSI BENEFICIARIES. (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (a)-- (A) by striking ``and'' at the end of paragraph (21), (B) by striking the comma at the end of paragraph (24) and inserting a semicolon, (C) by redesignating paragraphs (22), (23), and (24) as paragraphs (25), (22), and (23), respectively, and by transferring and inserting paragraph (25) after paragraph (23), as so redesignated, and (D) by inserting after paragraph (23) the following new paragraph: ``(24) approved substance abuse treatment services for certain disabled beneficiaries (as described in subsection (t)(1)); and''; and (2) by adding at the end the following new subsection: ``(t)(1) For purposes of subsection (a)(24), approved substance abuse treatment services for certain disabled beneficiaries are services provided to an individual described in section 1611(e)(3)(A) through a program approved by the Secretary to provide substance abuse treatment services for purposes of enabling such individuals to meet the requirements of clause (i) of such section. ``(2) No payment shall be made under section 1903(a) to a State for medical assistance for approved substance abuse treatment services for certain disabled beneficiaries provided to any individual after the 3- month period that begins on the date the individual first receives such services.''. (b) 100 Percent Federal Matching Rate.--The first sentence of section 1905(b) of such Act (42 U.S.C. 1396d(b)) is amended-- (1) by inserting ``subject to clause (3),'' after ``except that (1)'', (2) by striking ``and (2)'' and inserting ``(2)'', and (3) by inserting before the period at the end the following: ``, and (3) subject to clause (2), the Federal medical assistance percentage shall be 100 percent with respect to expenditures as medical assistance for approved substance abuse treatment services for certain disabled beneficiaries (as described in section 1905(t)(1))''. (c) Conforming Amendments.-- (1) Section 1902 of such Act (42 U.S.C. 1396a) is amended-- (A) in subsection (a)(10)(A) in the matter preceding clause (i), by striking ``(17) and (21)'' and inserting ``(17), (21), and (24)''; (B) in subsection (a)(10)(C)(iv), by striking ``through (21)'' and inserting ``through (24)''; and (C) in subsection (j), by striking ``through (22)'' and inserting ``through (25)''. (2) Section 1903(i) of such Act (42 U.S.C. 1396b(i)), as amended by section 2(b)(2) of the Medicaid Voluntary Contribution and Provider-Specific Tax Amendments of 1991, is amended-- (A) in paragraph (10), by striking all that follows ``1927(g)'' and inserting a semicolon; (B) by redesignating the paragraph (12) inserted by section 4752(a)(2) of the Omnibus Budget Reconciliation Act of 1990 as paragraph (11), by transferring and inserting it after paragraph (10), and by striking the period at the end and inserting a semicolon; (C) by redesignating the paragraph (14) inserted by section 4752(e) of the Omnibus Budget Reconciliation Act of 1990 as paragraph (12), by transferring and inserting it after paragraph (11), and by striking the period at the end and inserting a semicolon; (D) by redesignating the paragraph (11) inserted by section 4801(e)(16)(A) of the Omnibus Budget Reconciliation Act of 1990 as paragraph (13), by transferring and inserting it after paragraph (12), and by striking the period at the end and inserting ``; or''; and (E) by inserting after paragraph (13), as so redesignated, the following new paragraph: ``(14) with respect to any amount expended for medical assistance for approved substance abuse treatment services for certain disabled beneficiaries (as described in section 1905(t)(1)) which are provided in violation of paragraph (2) of section 1905(t).''. (d) Effective Date.--The amendments made by this section apply to payments under title XIX of the Social Security Act for calendar quarters beginning on or after the first day of the second calendar quarter that begins on or after the date of the enactment of this Act, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. SEC. 5. EFFECTIVE DATE. Except as provided in section 4(d), the amendments made by this Act shall apply to benefits payable for months beginning 90 or more days after the date of the enactment of this Act.

SSI Disability Reform Act of 1993 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) to: (1) allow government agencies to serve as paid representative payees; (2) set the maximum fee payable to representative payees at ten percent of the monthly benefit involved; and (3) revise the provision of SSI benefits to the disabled based on substance abuse. Amends SSA title XIX (Medicaid) to provide for mandatory Medicaid coverage of approved substance abuse treatment programs for certain disabled SSI beneficiaries.

SSI Disability Reform Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Morris K. Udall Parkinson's Disease Research Act Amendments of 2005''. SEC. 2. MORRIS K. UDALL PARKINSON'S DISEASE RESEARCH ACT OF 1997. (a) Findings.--Subsection (b) of section 603 of the Morris K. Udall Parkinson's Disease Research Act of 1977 (42 U.S.C. 284f note) is amended by striking paragraph (1) and inserting the following: ``(1) Finding.--Congress finds that, to take full advantage of the tremendous potential for finding a cure or effective treatment, the Federal investment in Parkinson's must be expanded, as well as the coordination strengthened among the National Institutes of Health research institutes.''. (b) Public Health Service Act.--Section 409B of the Public Health Service Act (42 U.S.C. 284f) is amended-- (1) in subsection (b), by striking paragraph (2) and inserting the following: ``(2) Conference.-- ``(A) In general.--The Director of NIH shall convene a coordinating and planning conference every 2 years with relevant institutes and non-governmental organizations to conduct a thorough investigation of all Parkinson's research that is funded in whole or in part by the National Institutes of Health and to identify shortcomings and opportunities for more effective treatments and a cure for Parkinson's disease. The Director shall report to Congress on the coordination among the institutes in carrying out such research. ``(B) Research investment plan.-- ``(i) In general.--The results of each conference convened under subparagraph (A) shall be included in a research investment plan that provides for measurable results with the goals of better treatments and a cure for Parkinson's disease being the determining factors in the allocation of Parkinson's disease research dollars. The plan shall include an outline of the manner in which to fully utilize the Udall Center program to ensure the continuation of a particular focus on translational research, including a clinical component. ``(ii) Budget and implementation strategy.--The plan submitted under clause (i) shall include a budget (that includes both programmatic and dollar line items) and implementation strategy (that incorporates the use of special initiatives such as Requests for Applications, Program Announcements with set- asides or similar directed research mechanisms) together with results to be reported back to Congress. ``(C) Submissions to congress.--The plan under subparagraph (B) (including the budget and implementation strategy) and the expected results of plan implementation shall be submitted to Congress not later than 3 months after the conference is convened under subparagraph (A). Reports on the outcomes of the plan, including actual spending and actual results, shall be submitted to Congress on an annual basis. ``(D) Funding.--The Secretary shall ensure that adequate funding is available under this section to carry out the activities described in the investment plan under subparagraph (B).''; (2) in subsection (c)-- (A) in paragraph (1)-- (i) by striking ``not more than 10''; and (ii) by adding at the end the following: ``The Director shall ensure that an additional center shall be funded under this paragraph to serve as the coordinating center to coordinate the activities conducted by each of the centers funded under this paragraph to further focus and manage the interdisciplinary efforts of such centers.''; (B) in paragraph (2)(A)(ii), by striking ``conduct basic and clinical research'' and inserting ``in carrying out research, ensure that a significant clinical component is provided for in addition to ongoing basic research''; and (C) by adding at the end the following: ``(5) Review process.--The Director of NIH shall establish a review process with respect to applications received for grants under paragraph (1). Such process shall provide for the evaluation of applicants in a manner that recognizes the unique aspects of the clinical, coordination, and multidisciplinary components of the applicants.''; (3) in subsection (d)-- (A) by striking ``is authorized to establish a grant program'' and inserting ``shall award grants''; and (B) by inserting before the period at the end the following: ``and shall be awarded in a manner consistent with the research investment plan under subsection (b)(2)(B)''; and (4) by striking subsection (e) and inserting the following: ``(e) Report.--The Director of NIH, in consultation with the Director of the Centers for Disease Control and Prevention, shall conduct an investigation, and prepare and submit to the appropriate committees of Congress a report, on the incidence of Parkinson's disease, including age, occupation, and geographic population clusters, and related environmental factors relating to such disease. ``(f) Authorization of Appropriations.--For the purposes of carrying out this section, section 301, and this title with respect to research focused on Parkinson's disease, there are authorized to be appropriated not to exceed such sums as may be necessary for each of fiscal years 2007 through 2012.''.

Morris K. Udall Parkinson's Disease Research Act Amendments of 2005 - Amends the Public Health Service Act to revise provisions regarding a research planning conference required to be convened by the Director of the National Institutes of Health (NIH) to require such conference to: (1) investigate Parkinson's research funded by NIH; and (2) identify shortcomings and opportunities for more effective treatments and a cure for Parkinson's disease. Requires the result of each conference to be included in a research investment plan that also: (1) provides for measurable results with the goals of better treatments and a cure for Parkinson's disease determining the allocation of research dollars; (2) includes an outline of how to fully utilize the Udall Center program; and (3) includes a budget and implementation strategy. Requires the Secretary of Health and Human Services to ensure adequate funding to carry out activities described in the investment plan. Requires the Director to ensure funding for an additional Morris K. Udall research center to coordinate activities conducted by, and manage the interdisciplinary efforts of, the other centers. Requires each research center to ensure that there is a significant clinical component and ongoing basic research. Requires the Director to establish an application review process for grants to fund such research centers. Directs (currently, allows) the Director to award grants to support qualified investigators with potential for significant future Parkinson's disease breakthroughs. Requires the Director to investigate and report to Congress on the incidence of Parkinson's disease.

A bill to amend the Public Health Service Act to improve provisions relating to Parkinson's disease research.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quadrennial Homeland Security Review Technical Correction Act of 2016''. SEC. 2. TECHNICAL CORRECTIONS TO QUADRENNIAL HOMELAND SECURITY REVIEW. (a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C. 347) is amended-- (1) in subsection (a)(3)-- (A) in subparagraph (B), by striking ``and''; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following new subparagraph (C): ``(C) representatives from appropriate advisory committees established pursuant to section 871 of this Act, including the Homeland Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise established, including the Aviation Security Advisory Committee established pursuant to section 44946 of title 49, United States Code; and''; (2) in subsection (b)-- (A) in paragraph (2), by inserting before the semicolon at the end the following: ``based on the risk assessment required pursuant to subsection (c)(2)(B)''; (B) in paragraph (3)-- (i) by inserting ``, to the extent practicable,'' after ``describe''; and (ii) by striking ``budget plan'' and inserting ``resources required''; (C) in paragraph (4)-- (i) by inserting ``, to the extent practicable,'' after ``identify''; (ii) by striking ``budget plan required to provide sufficient resources to successfully'' and inserting ``resources required to''; and (iii) by striking the semicolan after ``paragraph (2)'' and inserting ``, including any resources identified from redundant, wasteful, or unnecessary capabilities and capacities that can be redirected to better support other existing capabilities and capacities; and''; (D) in paragraph (5), by striking ``; and'' and inserting a period; and (E) by striking paragraph (6); (3) in subsection (c)-- (A) in paragraph (1)-- (i) by striking ``December 31 of the year'' and inserting ``60 days after the date of the submittal of the President's budget for the fiscal year after the fiscal year''; and (ii) by striking ``conducted'' and inserting ``required under subsection (a)(1)''; (B) in paragraph (2)-- (i) in subparagraph (B), by striking ``description of the threats to'' and inserting ``risk assessment of''; (ii) in subparagraph (C), by inserting ``, as required under subsection (b)(2)'' before the semicolon at the end; (iii) in subparagraph (D), by inserting ``to the extent practicable,'' before ``a description''; (iv) in subparagraph (F)-- (I) by inserting ``to the extent practicable,'' before ``a discussion''; and (II) by striking ``the status of''; (v) in subparagraph (G)-- (I) by inserting ``to the extent practicable,'' before ``a discussion''; (II) by striking ``the status of''; (III) by inserting ``and risks'' before ``to national homeland''; and (IV) by inserting ``and'' after the semicolon; (vi) by striking subparagraph (H); and (vii) by redesignating subparagraph (I) as subparagraph (H); (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph (3): ``(3) Documentation.--The Secretary shall retain and, upon request, provide to Congress the following documentation regarding the quadrennial homeland security review: ``(A) Records regarding the consultation carried out the pursuant to subsection (a)(3), including-- ``(i) all written communications, including communications sent out by the Secretary and feedback submitted to the Secretary through technology, online communications tools, in- person discussions, and the interagency process; and ``(ii) information on how feedback received by the Secretary informed the quadrennial homeland security review. ``(B) Information regarding the risk assessment, as required under subsection (c)(2)(B), including-- ``(i) the risk model utilized to generate the risk assessment; ``(ii) information, including data used in the risk model, utilized to generate the risk assessment; ``(iii) sources of information, including other risk assessments, utilized to generate the risk assessment; and ``(iv) information on assumptions, weighing factors, and subjective judgments utilized to generate the risk assessment, together with information on the rationale or basis thereof.''; and (4) by adding at the end the following new subsection: ``(e) Review.--Not later than 90 days after the submission of the report pursuant to subsection (c)(1), the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the degree to which the findings and recommendations developed in the review were integrated into the acquisition strategy and expenditure plans for the Department.''. (b) Effective Date.--The amendments made by this Act shall apply with respect to a quadrennial homeland security review required to be submitted after December 31, 2017. Passed the House of Representatives July 11, 2016. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on July 5, 2016. Quadrennial Homeland Security Review Technical Correction Act of 2016 (Sec. 2) This bill amends the Homeland Security Act of 2002 to make technical corrections regarding quadrennial homeland security reviews. The bill includes among the entities with whom the Department of Homeland Security (DHS) is required to consult in conducting each review appropriate advisory committees established pursuant to such Act or otherwise, including the Homeland Security Advisory Council, the Homeland Security Science and Technology Advisory Committee, and the Aviation Security Advisory Committee. DHS's outline and prioritization of the full range of critical homeland security mission areas of the nation for each review must be based on a risk assessment of the nation's homeland security interests. Each review shall include a description of: (1) the resources required for the homeland security program (currently, a budget plan for such program); and (2) the resources required to execute the missions called for in the homeland security strategy and the homeland security mission areas (currently, a budget plan for such resources), including any resources identified from redundant, wasteful, or unnecessary capabilities and capacities that can be redirected to better support other existing capabilities and capacities. DHS must submit the report on each review within 60 days after the date of submittal of the President's budget for the fiscal year after the fiscal year in which such a review is required (currently by December 31 of the year in which the review is conducted). The bill repeals requirements that DHS review and assess the effectiveness of the mechanisms of DHS for executing the process of turning the requirements developed in each review into an acquisition strategy and expenditure plan. But DHS must provide information on the degree to which the findings and recommendations developed in each review were integrated into DHS's acquisition strategy and expenditure plans. DHS must retain and, upon request, provide specified documentation regarding each review, including: (1) records regarding the consultation carried out, and (2) information regarding the risk assessment of the nation's homeland security interests. This bill shall apply to each quadrennial homeland security review required to be submitted after December 31, 2017.

Quadrennial Homeland Security Review Technical Correction Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Employer-Employee Cooperation Act of 1997''. SEC. 2. DECLARATION OF PURPOSE AND POLICY. The Congress declares that the following is the policy of the United States: (1) Labor-management relationships and partnerships are based on trust, mutual respect, open communications, bilateral and consensual problem solving, and shared accountability. Dispute resolution procedures are fair, determinative, simple, fast and inexpensive, and effectively and swiftly deal with issues. Labor-management cooperation fully utilizes the strengths of both parties to best serve the interests of the public, operating as a team to carry out the public safety mission in a quality work environment. In many public safety agencies it is the union that provides the institutional stability as elected leaders and appointees come and go. (2) The health and safety of the Nation and the best interest of public safety employers and employees can be best protected by the settlement of issues through the processes of collective bargaining. (3) The Federal Government shall make available governmental facilities for conciliation, mediation, and voluntary arbitration to aid and encourage employers and the representatives of their employees to reach and maintain agreements concerning rates of pay, hours, and working conditions, and to make all reasonable efforts to settle their differences by mutual agreement reached through collective bargaining or by such methods as may be provided for in any applicable agreement for the settlement of disputes. (4) Certain controversies which arise involving collective bargaining agreements may be avoided or minimized through mediations and conciliation. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``Director'' means the Director of the Federal Mediation and Conciliation Service. (2) The term ``public safety officer'' means an employee of a public safety agency who is a law enforcement officer, a firefighter, or emergency medical services personnel. The term includes an individual who is temporarily transferred to a supervisory or administrative position, but does not include a permanent management or supervisory employee. (3) The term ``firefighter'' means an individual employed in a fire department who-- (A) primarily performs work directly related to the control and extinguishment of fires; (B) is responsible for the maintenance and use of firefighting apparatus and equipment, fire prevention and investigation, communications and dispatch; or (C) provides emergency medical care. (4) The term ``law enforcement officer'' means a member of a law enforcement agency serving in a law enforcement position, which is usually indicated by formal training (regardless of whether the officer has completed or been assigned to such training) and usually accompanied by the power to make arrests. (5) The term ``emergency medical services personnel'' means an individual who provides out-of-hospital emergency medical care, including an emergency medical technician, paramedic, or first responder. (6) The term ``law enforcement agency'' means a State or local public agency that is charged by law with the duty to prevent or investigate crimes or apprehend or hold in custody persons charged with or convicted of crimes. (7) The term ``management or supervisory employee'' includes any public safety personnel exempted from the provisions of chapter 8 of title 29, United States Code. (8) The terms ``employer'' and ``public safety employer'' mean any State, political subdivision of a State, the District of Columbia, or any territory or possession of the United States. SEC. 4. RIGHT OF PUBLIC SAFETY OFFICERS TO ORGANIZE AND BARGAIN COLLECTIVELY. (a) Minimum Procedures.--To be exempt from the requirements of section 5, a State shall-- (1) grant public safety employees the right to form and join a labor organization which does not include management and supervisory employees and which is, or seeks to be, recognized as the exclusive bargaining agent of such employees; (2) require public safety employers to recognize the employees' labor organization (freely chosen by a majority of the employees), agree to bargain with the labor organization, and to commit any agreements to writing in a contract or memorandum of understanding; (3) allow bargaining over hours, wages, terms, and conditions of employment; (4) prohibit bargaining over issues which are inherent management functions; (5) protect all existing collective bargaining agreements, memoranda of understanding, certifications, recognitions, and elections; (6) require fact finding in the event of an interest impasse; (7) allow the parties voluntarily to agree to submit disagreements to arbitration; (8) require enforcement through State courts of all rights, responsibilities, and protections provided in this section and of any written contract or memorandum of understanding; and (9) prohibit strikes and lockouts. (b) Determination.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Director of the Federal Mediation and Conciliation Service shall issue a determination as to whether a State meets the requirements of subsection (a). (2) Subsequent determinations.--After the expiration of the 180-day period referred to in paragraph (1), an employer or labor organization may request the Director of the Federal Mediation and Conciliation Service to determine whether the State meets the requirements of subsection (a). The Director shall issue such a determination not later than 30 days after written receipt of such a request. (3) Failure to meet requirements.--A State that does not meet or exceed the requirements of subsection (a) shall be subject to the regulations and procedures described in section 5. SEC. 5. FEDERAL MEDIATION AND CONCILIATION. (a) In General.--Not later than one year after the date of the enactment of this Act, the Director of the Federal Mediation and Conciliation Service shall issue regulations establishing collective bargaining procedures for public safety employers and employees in States that are not granted an exemption under section 4. (b) Role of FMCS.--The regulations described in subsection (a) shall incorporate the rights and responsibilities in section 4(a), and shall use the services of the Federal Mediation and Conciliation Service. The Federal Mediation and Conciliation Service shall have the same authority as a State Labor Relations Board, or in a case where no such Board exists, the National Labor Relations Board, for public safety employers and employees covered under this Act. (c) Enforcement.--A public safety employer, employee, and labor organization each shall have the right to seek enforcement of this section through appropriate State courts. SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. A public safety employer, employee, or labor organization may not engage in lockouts or strikes. SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS. A certification, recognition, election-held, collective bargaining agreement or memorandum of understanding which has been issued, approved, or ratified by any public employee relations board or commission or by any State or political subdivision or its agents (management officials) in effect on the day before the date of enactment of this Act shall not be invalidated by enactment of this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

Public Safety Employer-Employee Cooperation Act of 1997 - Provides collective bargaining rights for public safety officers employed by States or local governments. Requires States to grant public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees. Specifies related requirements for public safety employers. Requires the Director the Federal Mediation and Conciliation Service (FMCS) to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that fail to comply with the requirements of this Act. Gives the FMCS the same authority as a State Labor Relations Board (or of the National Labor Relations Board where no such State Board exists) for public safety employers and employees covered by this Act. Grants a public safety employer, employee, or labor organization the right to seek enforcement of such regulations through appropriate State courts. Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes. Provides that existing collective bargaining units and agreements shall not be invalidated by this Act. Authorizes appropriations.

Public Safety Employer-Employee Cooperation Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internal Revenue Service Accountability Act''. SEC. 2. CRIMINAL PENALTY FOR CERTAIN UNAUTHORIZED ACTIONS. (a) In General.--Section 7214 of the Internal Revenue Code of 1986 (relating to offenses by officers and employees of the United States) is amended-- (1) by striking ``or'' at the end of paragraph (8), (2) by adding ``or'' at the end of paragraph (9), (3) by inserting after paragraph (9) the following new paragraph: ``(10) who willfully and maliciously disregards such law, or any regulation promulgated under such law, relating to any proceeding against any taxpayer;'', and (4) by striking ``$10,000, or imprisoned not more than 5 years, or both'' and inserting ``$10,000 ($1,000, in the case of an offense under paragraph (10)), or imprisoned not more than 5 years (1 year, in the case of an offense under paragraph (10), or both''. (b) Effective Date.--The amendments made by this section shall apply to actions by officers or employees after the date of the enactment of this Act. SEC. 3. INTERNAL REVENUE SERVICE EMPLOYEES PERSONALLY LIABLE FOR DAMAGES AND LITIGATION COSTS IN CERTAIN CASES. (a) Litigation Costs.--Section 7430 of the Internal Revenue Code of 1986 (relating to awarding of costs and certain fees) is amended by adding at the end the following new subsection: ``(g) Personal Liability of Internal Revenue Service Officers and Employees in Certain Cases.-- ``(1) In general.--In any proceeding in which the prevailing party is awarded a judgment for reasonable litigation costs under this section, the court may assess a portion of such costs against any Internal Revenue Service officer or employee (and such officer or employee shall not be reimbursed by the United States for the costs so assessed) if the court determines that such proceeding resulted from any arbitrary, capricious, or malicious act of such officer or employee. For purposes of this section, the term `officer or employee' includes a former officer or employee. ``(2) Representation of officer or employee.--Upon the request of any Internal Revenue Service officer or employee, such officer or employee may be represented by the United States in any proceeding with respect to the issue of whether there is to be an assessment against such officer or employee under paragraph (1). If, in any case in which such an officer or employee is so represented by the United States, it is finally determined that such officer or employee is liable for an assessment under paragraph (1), such officer or employee shall also be liable to repay the United States for the costs of its representation under this paragraph.''. (b) Civil Damages and Court Costs for Failure To Release Lien.-- Section 7432 of the Internal Revenue Code of 1986 (relating to civil damages for failure to release lien) is amended by adding at the end the following new subsection: ``(f) Personal Liability of Internal Revenue Service Officers and Employees in Certain Cases.-- ``(1) In general.--In any proceeding in which the prevailing plaintiff is awarded a judgment under this section for damages described in subsection (b), the court may assess a portion of such damages against any Internal Revenue Service officer or employee (and such officer or employee shall not be reimbursed by the United States for the damages so assessed) if the court determines that such proceeding resulted from any arbitrary, capricious, or malicious act of such officer or employee. For purposes of this section, the term `officer or employee' includes a former officer or employee. ``(2) Representation of officer or employee.--Upon the request of any Internal Revenue Service officer or employee, such officer or employee may be represented by the United States in any proceeding with respect to the issue of whether there is to be an assessment against such officer or employee under paragraph (1). If, in any case in which such an officer or employee is so represented by the United States, it is finally determined that such officer or employee is liable for an assessment under paragraph (1), such officer or employee shall also be liable to repay the United States for the costs of its representation under this paragraph.''. (c) Civil Damages and Court Costs for Certain Unauthorized Collection Actions.--Section 7433 of the Internal Revenue Code of 1986 (relating to civil damages for certain unauthorized collection actions) is amended by adding at the end the following new subsection: ``(e) Personal Liability of Internal Revenue Service Officers and Employees in Certain Cases.-- ``(1) In general.--In any proceeding in which the prevailing plaintiff is awarded a judgment for damages described in subsection (b), the court may assess a portion of such damages against any Internal Revenue Service officer or employee (and such officer or employee shall not be reimbursed by the United States for the damages so assessed) if the court determines that such proceeding resulted from any arbitrary, capricious, or malicious act of such officer or employee. For purposes of this section, the term `officer or employee' includes a former officer or employee. ``(2) Representation of officer or employee.--Upon the request of any Internal Revenue Service officer or employee, such officer or employee may be represented by the United States in any proceeding with respect to the issue of whether there is to be an assessment against such officer or employee under paragraph (1). If, in any case in which such an officer or employee is so represented by the United States, it is finally determined that such officer or employee is liable for an assessment under paragraph (1), such officer or employee shall also be liable to repay the United States for the costs of its representation under this paragraph.''. (d) Effective Date.--The amendments made by this section shall apply in the case of proceedings commenced after the date of the enactment of this Act. SEC. 4. PROTECTING THE PRIVACY OF TAXPAYERS. (a) Civil Penalty for Unauthorized Access of Returns and Return Information.--Section 7431 of the Internal Revenue Code of 1986 (relating to civil damages for unauthorized disclosure of returns and return information) is amended-- (1) by inserting ``or accesses'' after ``discloses'' in subsection (a)(1), (2) by inserting ``or Access'' after ``Disclosure'' in the heading for subsection (a)(1), (3) by inserting ``(or former officer or employee)'' after ``officer or employee'' both places it appears in subsection (a), (4) by inserting ``or access'' after ``disclosure'' each place it appears in subsections (b), (c)(1), and (d), (5) by inserting ``the earlier of notification to or'' after ``after the date of'' in subsection (d), and (6) by inserting ``or access'' after ``disclosure'' in the heading. (b) Criminal Penalty for Unauthorized Access of Returns and Return Information.--Section 7213(a)(1) of the Internal Revenue Code of 1986 (relating to Federal employees and other persons) is amended-- (1) by striking ``this paragraph'' and inserting ``this subparagraph'', (2) by striking ``It shall be unlawful'' and inserting the following: ``(A) Disclosure.--It shall be unlawful'', and (3) by adding at the end the following new subparagraph: ``(B) Access.--It shall be unlawful for any officer, employee, or other person described in subparagraph (A) willfully to access without authorization any return or return information (as defined in section 6103(b)). Any violation of this subparagraph shall be punishable by dismissal from office or discharge from employment and, further, shall be a misdemeanor punishable upon conviction by a fine in any amount not exceeding $1,000, or imprisonment of not more than 1 year, or both, together with costs of prosecution, and, if necessary, by dismissal from office or discharge from employment.''. (c) Notification of Unauthorized Access.--Section 6103 of the Internal Revenue Code of 1986 (relating to confidentiality and disclosure of returns and return information) is amended by redesignating subsection (q) as subsection (r) and by inserting after subsection (p) the following new subsection: ``(q) Unauthorized Access Prohibited.-- ``(1) In general.--Except as authorized by this title, no officer or employee (or former officer or employee) of the United States shall access any return or return information. ``(2) Notification.--Upon discovery that a taxpayer's return or return information has been accessed in violation of paragraph (1), the taxpayer shall be notified immediately.''. (d) Conforming Amendment.--The table of sections for subchapter B of chapter 76 of the Internal Revenue Code of 1986 is amended by inserting ``or access'' after ``disclosure'' in the item relating to section 7431. (e) Effective Date.--The amendments made by this section shall apply to actions by officers or employees after the date of the enactment of this Act. SEC. 5. LIMITATIONS ON EXAMINATIONS. (a) In General.--Section 7602 of the Internal Revenue Code of 1986 (relating to examination of books and witnesses) is amended by adding at the end the following new subsection: ``(d) Limitations on Authority To Examine.--In taking any action under subsection (a), the Secretary-- ``(1) shall demonstrate, upon demand of any person described in subsection (a), reasonable justification (and not random selection) for initiating an examination of a return, and ``(2) shall not-- ``(A) initiate an examination of a return or issue of a return if such return or issue of a return has previously been examined, or ``(B) extend back an examination under subsection (a), once initiated, beyond a 3-taxable-year period ending on the day before the beginning of the taxable year which includes the date of initiation, except upon court approval if in the course of an investigation into possible criminal activity.''. (b) Effective Date.--The amendment made by this section shall apply to examinations initiated after the date of the enactment of this Act. SEC. 6. EXTENSION OF TIME TO PAY TAX AFTER NOTICE AND DEMAND. (a) In General.--Section 6651(a)(3) of the Internal Revenue Code of 1986 (relating to addition to the tax) is amended by striking ``21 calendar days'' and inserting ``90 calendar days''. (b) Effective Date.--The amendment made by this section shall apply to notices and demands given after the date of the enactment of this Act. SEC. 7. ENSURING THE INTEGRITY OF JUDICIAL PROCEEDINGS. (a) In General.--Subchapter B of chapter 76 of the Internal Revenue Code of 1986 (relating to proceedings by taxpayers and third parties) is amended by redesignating section 7436 as section 7437 and by inserting after section 7435 the following new section: ``SEC. 7436. DECLARATORY JUDGMENTS RELATING TO SECRETARIAL NONACQUIESCENCE. ``In a case of actual controversy involving the Secretary's decision to not acquiesce with respect to conclusions of law in identical or similar cases to a case or cases previously decided within the same court jurisdiction or appellate circuit, upon the filing of an appropriate pleading and the exhaustion of administrative remedies available to the petitioner within the Internal Revenue Service, the district court for such jurisdiction may make a declaration with respect to the Secretary's decision. Any such declaration shall have the force and effect of a final judgment or decree of the district court and shall be reviewable as such.''. (b) Conforming Amendment.--The table of sections for such subchapter B is amended by striking the item relating to section 7436 and inserting the following new items: ``Sec. 7436. Declaratory judgments relating to secretarial nonacquiescence. ``Sec. 7437. Cross references.''. (c) Effective Date.--The amendments made by this section shall apply to court proceedings initiated after the date of the enactment of this Act. SEC. 8. LIMITATIONS ON ASSET SEIZURES AND LEVIES. (a) In General.--Section 6331(a) of the Internal Revenue Code of 1986 (relating to levy and distraint) is amended by inserting ``, upon the consent of an appropriate court,'' after ``it shall be lawful for the Secretary''. (b) Effective Date.--The amendment made by this section shall apply to levies initiated after the date of the enactment of this Act. SEC. 9. NO INTEREST ON PENALTIES, ADDITIONAL AMOUNTS, AND ADDITIONS TO TAX. (a) In General.--Section 6601(e)(2) of the Internal Revenue Code of 1986 (relating to applicable rules) is amended to read as follows: ``(2) No interest on penalties, additional amounts, and additions to tax.--Interest shall not be imposed under subsection (a) in respect of any assessable penalty, additional amount, or addition to tax.''. (b) Effective Date.--The amendment made by this section shall apply to notices and demands given after the date of the enactment of this Act. SEC. 10. INTEREST RATE FOR OVERPAYMENTS TO EQUAL RATE FOR UNDERPAYMENTS. (a) In General.--Section 6621(a) of the Internal Revenue Code of 1986 (relating to determination of rate of interest) is amended to read as follows: ``(a) General Rule.--The overpayment rate and the underpayment rate established under this section shall be the Federal short-term rate determined under subsection (b).''. (b) Conforming Amendment.--Section 6621 of the Internal Revenue Code of 1986 (relating to determination of rate of interest) is amended by striking subsection (c). (c) Effective Date.--The amendments made by this section shall apply for purposes of determining interest to periods after the date of the enactment of this Act. SEC. 11. FAIRNESS WHEN COLLECTING A TAX DUE TO MATHEMATICAL AND CLERICAL ERRORS. (a) In General.--Section 6404(d) of the Internal Revenue Code of 1986 (relating to abatements) is amended to read as follows: ``(d) Abatement of Interest, Penalty, Additional Amount, and Addition to Tax Attributable to Certain Mathematical or Clerical Errors.--In the case of an assessment of additional tax attributable to a mathematical or clerical error (as defined in section 6213(g)(2)), the Secretary shall abate any interest, penalty, additional amount, and addition to tax with respect to such assessment if, within 60 days after notice of such assessment is sent under section 6213(b)(1) by certified mail or registered mail, the taxpayer pays, or files a request for an abatement of, such assessment.''. (b) Effective Date.--The amendment made by this section shall apply to notices filed after the date of the enactment of this Act.

Internal Revenue Service Accountability Act - Amends the Internal Revenue Code to impose a fine or imprisonment upon any U.S. officer or employee who willfully and maliciously disregards any revenue law or related regulation relating to any proceeding against a taxpayer. Allows, if litigation costs are awarded, a portion of the costs to be assessed against any current or former Internal Revenue Service officer or employee (prohibiting Government reimbursement) if the proceeding resulted from any arbitrary, capricious, or malicious act of the officer or employee. Allows Government defense of the officer or employee, but makes the officer or employee liable for defense costs if the employee is found liable for litigation costs. Imposes similar liabilities regarding civil damages for a failure to release a lien or for certain unauthorized collection actions. Amends provisions allowing civil damages for disclosure of returns and return information to allow the damages for access as well as disclosure and apply the provisions to former as well as current officers and employees. Provides for dismissal from office or discharge from employment, a fine or imprisonment, and costs of prosecution for unauthorized access. Prohibits unauthorized access and, on discovery of unauthorized access, requires immediate taxpayer notification. Requires reasonable justification (not random selection) for examining a return. Prohibits, except on court approval, a second examination of a return or extending an examination back beyond three taxable years. Extends from 21 to 90 calendar days after notice and demand the deadline to pay a tax required to be shown on certain returns but not shown. Allows a district court to rule on a decision by the Secretary of the Treasury to not acquiesce regarding conclusions of law in identical, similar, or previously-decided cases. Requires court consent for a levy to collect a tax. Prohibits interest on assessable penalties, additional amounts, or additions to tax. Sets the interest rate for overpayments and underpayments (the same rate for both). Modifies requirements regarding abatement of interest, penalties, additional amounts, or additions to tax attributable to a mathematical or clerical error.

Internal Revenue Service Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving American Privacy Act of 2013''. SEC. 2. USE OF UNMANNED AIRCRAFT SYSTEMS. (a) In General.--Part II of title 18, United States Code, is amended by inserting after chapter 205 the following: ``CHAPTER 205A--USE OF UNMANNED AIRCRAFT SYSTEMS ``3119a. Definitions. ``3119b. Use of public unmanned aircraft systems. ``3119c. Use of covered information as evidence. ``3119d. Administrative discipline. ``3119e. Reporting. ``3119f. Private use of unmanned aircraft systems. ``3119g. Application with other Federal laws. ``3119h. Ban on weaponization. ``3119i. Rule of construction regarding State laws on unmanned aircraft system usage. ``Sec. 3119a. Definitions ``In this Act: ``(1) Court of competent jurisdiction.--The term `court of competent jurisdiction' includes-- ``(A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that-- ``(i) has jurisdiction over the offense being investigated; ``(ii) is in a district in which the public unmanned aircraft system is located or where the public unmanned aircraft system is being or sought to be operated; or ``(iii) is acting on a request for foreign assistance pursuant to section 3512 of title 18, United States Code; or ``(B) a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants. ``(2) Covered information.--The term `covered information' means-- ``(A) information that is reasonably likely to enable identification of an individual; or ``(B) information about an individual's property that is not in plain view. ``(3) Governmental entity.--The term `governmental entity' means a department or agency of the United States or any State or political subdivision thereof. ``(4) Public unmanned aircraft system.--The term `public unmanned aircraft system' has the meaning given such term in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note). ``(5) State.--The term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. ``(6) Unmanned aircraft system.--The term `unmanned aircraft system' has the meaning given such term in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note). ``Sec. 3119b. Use of public unmanned aircraft systems ``(a) Application.--A governmental entity shall operate any public unmanned aircraft system only in accordance with this Act. ``(b) Minimization.--In operating a public unmanned aircraft system or disclosing any covered information collected by such operation, a governmental entity shall minimize, to the maximum extent practicable, the collection or disclosure of such covered information. ``(c) Data Collection Statement Required.-- ``(1) Concurrent with an application for a certificate or license to operate a public unmanned aircraft system in the national airspace, a governmental entity shall submit to the Attorney General a data collection statement, in such form and manner as the Attorney General may by rule require, that describes-- ``(A) the purpose for which the public unmanned aircraft system will be used; ``(B) whether the public unmanned aircraft system is capable of collecting covered information; ``(C) the length of time for which the collected covered information will be retained; ``(D) an individual point of contact for citizen feedback; ``(E) the particular unit of the governmental entity responsible for safe and appropriate operation of the public unmanned aircraft system; ``(F) the rank and title of the individual who may authorize the operation of the public unmanned aircraft system; ``(G) the applicable data minimization policies barring the collection of covered information unrelated to the investigation of crime and requiring the destruction of covered information that is no longer relevant to the investigation of a crime; and ``(H) the applicable audit and oversight procedures that ensure governmental entities and those acting on their behalf use the unmanned aircraft system only as authorized, within the scope of the data collection statement, and in compliance with data minimization policies. ``(2) The applicant is responsible for submitting to the Attorney General updates to the data collection statement. ``(3) The Attorney General may request that the Secretary of Transportation revoke the certificate or license to operate the public unmanned aircraft system in the national airspace if the operator's activity contravenes the data collection statement disclosures required in paragraph (1). ``(4) Not later than 6 months after the date of enactment of this Act, the Attorney General shall issue regulations to establish a database, that is publicly accessible via electronic means, indexing the certificates or licenses and the associated data collection statements described in this subsection for public unmanned aircraft systems operated within the national airspace. ``Sec. 3119c. Use of covered information as evidence ``(a) In General.--Covered information that a governmental entity collects by operation of a public unmanned aircraft system, and evidence derived from such covered information, may not be received as evidence against an individual in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof, unless such operation and collection, or disclosure of such covered information is in accordance with this Act. ``(b) Prohibition on Use for Law Enforcement Purposes.--Except as provided in subsection (c), a governmental entity may not-- ``(1) operate a public unmanned aircraft system for a law enforcement purpose to collect covered information; or ``(2) disclose covered information so collected. ``(c) Exceptions.--A governmental entity may operate a public unmanned aircraft system and may collect or disclose covered information acquired by such operation for a law enforcement purpose only if such operation, collection, or disclosure is in accordance with any of the following: ``(1) Warrant.--The operation, collection, or disclosure is-- ``(A) pursuant to a warrant issued by a court of competent jurisdiction; and ``(B) not later than 10 days after the execution of the warrant, the governmental entity that sought the warrant serves a copy of the warrant on each person on whom covered information was collected, except, if providing such notice would seriously jeopardize an ongoing criminal or national security investigation, the court may delay such notice on request of the governmental entity. ``(2) Order.--The operation, collection, or disclosure is pursuant to an order that may be lawfully issued by a court of competent jurisdiction-- ``(A) based on the allegation by the governmental entity requesting such order of specific and articulable facts showing a reasonable suspicion of criminal activity and a reasonable probability that the operation of a public unmanned aircraft system will provide evidence of such criminal activity; ``(B) authorizing the operation of a public unmanned aircraft system only in a stipulated public area for a period of not more than 48 hours; ``(C) which may be renewed at the court's discretion for a total period of operation of not longer than 30 days; and ``(D) notice is provided-- ``(i) not later than 10 days after the termination of which, by serving a copy on each person on whom covered information was collected; or ``(ii) not less than 48 hours prior to such operation, to the public in the stipulated public area, by prominent placement of a notification-- ``(I) in a major publication (with circulation of more than 1,000 in that area); ``(II) on a public Internet Web site of the governmental entity, for the duration of the operation; or ``(III) on public signage in the area, for the duration of the operation. ``(3) U.S. land border.--The operation is within a distance of 25 miles from any external land boundary of the United States and is for the purpose of patrolling or securing the border. ``(4) Consent.--The covered information that is collected or disclosed pertains to an individual who provides prior written consent to such collection or disclosure. ``(5) Emergency.--The operation is-- ``(A) an investigative or law enforcement officer reasonably believes that an emergency situation exists that-- ``(i) involves-- ``(I) immediate danger of death or serious physical injury to any person; ``(II) conspiratorial activities threatening the national security interest; or ``(III) conspiratorial activities characteristic of organized crime; and ``(ii) requires such operation, collection, or disclosure before a warrant or order authorizing such operation, collection, or disclosure may, with due diligence, be obtained; ``(B) that officer applies for such a warrant or order not later than 48 hours after such operation begins; and ``(C) that operation is terminated immediately on the earlier of when-- ``(i) the information necessary to resolve the emergency situation is collected; or ``(ii) the court denies the application for the warrant or order. ``(6) Effect of failure to secure warrant or order.--If a warrant or order described in paragraph (5) is denied, then for purposes of subsection (b), an operation, collection, or disclosure under that paragraph shall not be considered to be an operation, collection, or disclosure authorized under this subsection. Any covered information so collected shall be removed from all databases of the governmental entity. ``Sec. 3119d. Administrative discipline ``(a) Administrative Discipline.--If a court or appropriate department or agency determines that a governmental entity has violated any provision of this Act, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of a decision or findings of the court or appropriate department or agency, promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted. If the head of the department or agency involved determines that disciplinary action is not warranted, such head shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination. ``(b) Improper Disclosure Is Violation.--Any willful disclosure or use by an investigative or law enforcement officer or governmental entity of information beyond the extent permitted by this Act is a violation of this Act for purposes of this section. ``Sec. 3119e. Reporting ``(a) In January of each year, any Federal judge who has issued a warrant or order (or an extension thereof) under section 3 on operation of public unmanned aircraft systems that expired during the preceding year, or who has denied approval of such a warrant or order during that year, shall report to the Administrative Office of the United States Courts-- ``(1) the fact that an order or extension was applied for; ``(2) the kind of order or extension applied for; ``(3) the fact that the order or extension was granted as applied for, was modified, or was denied; ``(4) the period of collections authorized by the order, and the number and duration of any extensions of the order; ``(5) the offense specified in the order or application, or extension of an order; and ``(6) the identity of the applying agency making the application and the rank and title of the person authorizing the application. ``(b) In March of each year the Attorney General, an Assistant Attorney General specially designated by the Attorney General, or the principal prosecuting attorney of a State, or the principal prosecuting attorney for any political subdivision of a State, shall report to the Administrative Office of the United States Courts-- ``(1) the information required by paragraphs (1) through (6) of subsection (a) with respect to each application for an order or extension made during the preceding calendar year; ``(2) a general description of all the information collected under such order or extension, including-- ``(A) the approximate nature and frequency of incriminating conduct collected; ``(B) the approximate number of persons whose covered information was collected; and ``(C) the approximate nature, amount, and cost of the manpower and other resources used in the collection; ``(3) the number of arrests resulting from covered information collected from such order or extension, and the offenses for which arrests were made; ``(4) the number of trials resulting from such covered information; ``(5) the number of motions to suppress made with respect to such covered information, and the number granted or denied; ``(6) the number of convictions resulting from such covered information, and the offenses for which the convictions were obtained, and a general assessment of the importance of the information collected; and ``(7) the information required by paragraphs (2) through (6) of this subsection with respect to orders or extensions obtained in a preceding calendar year. ``(c) In June of each year the Director of the Administrative Office of the United States Courts shall transmit to the Congress a full and complete report that includes a summary and analysis of all information received under subsection (a) and (b) during the preceding calendar year. The Director of the Administrative Office of the United States Courts is authorized to issue regulations regarding the content and form of the reports required to be filed by subsections (a) and (b) of this section. ``Sec. 3119f. Private use of unmanned aircraft systems ``It shall be unlawful to intentionally operate a private unmanned aircraft system to capture, in a manner that is highly offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of a individual engaging in a personal or familial activity under circumstances in which the individual had a reasonable expectation of privacy, through the use of a visual or auditory enhancing device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the visual or auditory enhancing device was used. ``Sec. 3119g. Application with other Federal laws ``Nothing in this Act may be construed to modify, limit, or supersede the operation of chapter 119 of title 18, United States Code. ``Sec. 3119h. Ban on weaponization ``It shall be unlawful for any investigative or law enforcement officer or private individual to operate an unmanned aircraft system that is armed with a firearm (as such term is defined in section 921 of title 18, United States Code) within the airspace of the United States. ``Sec. 3119i. Rule of construction regarding State laws on unmanned aircraft system usage ``Nothing in this Act shall be construed to preempt any State law regarding the use of unmanned aircraft systems exclusively within the borders of that State.''. (b) Clerical Amendment.--The table of chapters for part II of title 18, United States Code, is amended by inserting after the item relating to chapter 205 the following: ``205A. Use of unmanned aircraft systems.................... 3119a''.

Preserving American Privacy Act of 2013 - Amends the federal criminal code to require a governmental entity operating a public unmanned aircraft system to minimize the collection or disclosure of covered information. Defines "covered information" as: (1) information that is reasonably likely to enable identification of an individual, or (2) information about an individual's property that is not in plain view. Requires such entity to submit to the Attorney General, with an application for a certificate or license to operate such a system in national airspace, a data collection statement that describes the purpose for which the system will be used, the length of time the collected information will be retained, the entity responsible for operating the system, the data minimization policies barring the collection of information unrelated to the investigation and requiring the destruction of information that is no longer relevant, and applicable audit and oversight procedures. Authorizes the Attorney General to request that the Secretary of Transportation (DOT) revoke such a certificate or license if the operator's activity contravenes such statement. Directs the Attorney General to issue regulations to establish a database indexing such certificates, licenses, and statements. Prohibits a government entity from operating a public unmanned aircraft system and collecting or disclosing covered information for a law enforcement purpose, except: (1) pursuant to a warrant or court order meeting specified requirements; (2) for the purpose of patrolling or securing the border within 25 miles from any external land boundary of the United States; (3) with the prior written consent of the individual to whom the covered information pertains; or (4) where an emergency situation exists that involves immediate danger of death or serious physical injury to any person, or conspiratorial activities threatening the national security interest or characteristic of organized crime, and that requires action before a warrant or order can be obtained. Bars covered information obtained otherwise from being received as evidence in any trial, hearing, or other proceeding. Requires federal judges and state and local prosecuting attorneys to report on such warrants or orders issued or denied each year to the Administrative Office of the United States Courts, which shall report a summary of such information to Congress. Provides for administrative discipline proceedings when there is a serious question about whether a U.S. officer or employee acted intentionally with respect to a violation of this Act. Prohibits: (1) intentionally operating a private unmanned aircraft system to capture, in a manner that is highly offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of an individual engaging in personal or familial activity under circumstances in which the individual had a reasonable expectation of privacy; and (2) any investigative or law enforcement officer or private individual from operating an unmanned aircraft system that is armed with a firearm within U.S. airspace.

Preserving American Privacy Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Toxics by Rail Accountability and Community Knowledge (TRACK) Act of 2014''. SEC. 2. CHEMICAL EXPOSURE RIGHT-TO-KNOW. (a) Definitions.--In this section: (1) Long-lasting or irreversible health consequences.--The term ``long-lasting or irreversible health consequences'' means those health consequences occurring at the exposure threshold defined in the Acute Exposure Guideline Level AEGL-2 or AEGL-3, as established by the National Advisory Committee on Acute Exposure Guideline Levels for Hazardous Substances. (2) Post-accident public health assessment.--The term ``post-accident public health assessment'' means a scientific assessment of the impacts of a hazardous material release on public health made by a qualified entity. (3) Qualified entity.--The term ``qualified entity'' means a Federal, State, or other governmental entity responsible for emergency response, public health, chemical safety or transportation, or environmental protection. (b) Right-To-Know Protections.--Beginning 180 days after the date of the enactment of this Act, railroad carriers that are found to be at fault by an administrative, judicial, or investigatory process for an accident or incident during calendar year 2010 or later that led to an unintended release of hazardous materials shall periodically review any post-accident public health assessments regarding the extent to which individuals exposed to the hazardous material that was released could experience long-lasting or irreversible health consequences, and-- (1) inform in a timely manner individuals exposed to the hazardous material of any health information, including information regarding long-lasting or irreversible health consequences, included in such reports; and (2) offer to renegotiate any legal settlements made to individuals impacted by a hazardous material release for which additional information about the potential for long-lasting or irreversible health consequences has been later disclosed in a post-accident public health assessment. (c) Enforcement.--Any railroad carrier violating subsection (b)(2) or a regulation prescribed pursuant to such subsection shall be liable to the Federal Government for a civil penalty for each violation or for each day the violation continues, as follows: (1) For a railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class I carriers as determined by the Surface Transportation Board under section 1201.1-1 of title 49, Code of Federal Regulations, the penalty shall be not less than $100,000 and not more than $1,000,000. (2) For a railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class II carriers as determined by the Surface Transportation Board under section 1201.1-1 of title 49, Code of Federal Regulations, the penalty shall be not less than $25,000 and not more than $250,000. (3) For a railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class III carriers as determined by the Surface Transportation Board under section 1201.1-1 of title 49, Code of Federal Regulations, the penalty shall be not less than $10,000 and not more than $100,000. SEC. 3. COMMODITY FLOW TRANSPARENCY. Not later than two years after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations requiring a railroad carrier transporting a hazardous material to provide first responders, emergency response officials, and law enforcement personnel in the communities through which the hazardous material is transported with accurate and current commodity flow data and assist with development of emergency operations and response plans designed to protect public health and community safety in the event of a railroad accident or incident involving the hazardous material. In prescribing these regulations, the Secretary may consider which hazardous materials or classes of hazardous materials are most relevant to be included within commodity flow information based on factors including the volume of the hazardous material transported and the threat to public health and community safety posed by each hazardous material. SEC. 4. MOVEABLE BRIDGE INSPECTION BEFORE TRAIN MOVEMENT. (a) Procedure Required.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations establishing a procedure for a railroad carrier to permit a train to pass a red signal aspect protecting a moveable bridge. (b) Training and Qualifications.-- (1) Training program.--The procedure established pursuant to subsection (a) shall require a railroad carrier that operates across a moveable bridge to have in place a program to train and qualify employees of the carrier to determine whether a train can safely travel across a moveable bridge when a signal protecting the bridge is displaying a red signal aspect. (2) Required qualifications.--The railroad carrier shall ensure that only an individual qualified under the railroad carrier's training program is responsible for making a determination regarding whether it is safe for a train to travel across a moveable bridge when a signal protecting the bridge is displaying a red signal aspect. (c) Enforcement.--Any railroad carrier violating this section or a regulation prescribed in this section shall be liable to the Federal Government for a civil penalty for each violation or for each day the violation continues, as follows: (1) For a railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class I carriers as determined by the Surface Transportation Board under section 1201.1-1 of title 49, Code of Federal Regulations, the penalty shall be not less than $100,000 and not more than $1,000,000. (2) For a railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class II carriers as determined by the Surface Transportation Board under section 1201.1-1 of title 49, Code of Federal Regulations, the penalty shall be not less than $25,000 and not more than $250,000. (3) For a railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class III carriers as determined by the Surface Transportation Board under section 1201.1-1 of title 49, Code of Federal Regulations, the penalty shall be not less than $10,000 and not more than $100,000. SEC. 5. ROUTE RISK ASSESSMENT. (a) Route Risk Assessment Tools.--The Secretary of Transportation, in collaboration with the Secretary of Homeland Security and the American Short Line and Regional Railroad Association, shall develop a route risk assessment tool for the use of short line and regional railroad carriers that-- (1) addresses any known limitations of the Rail Corridor Risk Management Safety software tool for short line and regional railroad carriers; and (2) allows for safety and security risk assessments to be performed by short line and regional railroad carriers in instances when alternative routes are not available. (b) Route Risk Assessment Audits.--The Secretary of Transportation, in collaboration with the Secretary of Homeland Security and the American Short Line and Regional Railroad Association, shall implement a program to conduct audits of short line and regional railroads to ensure that proper route risk assessments that identify safety and security vulnerabilities are being performed and are incorporated into a safety management system program. SEC. 6. RAILROAD SAFETY RISK REDUCTION PROGRAM AMENDMENTS. (a) Safety Management Systems.--Section 20156(d)(1) of title 49, United States Code, is amended-- (1) in subparagraph (A), by striking ``; and'' and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(C) the use of safety management systems and their associated key principles, including top-down ownership and policies, analysis of operational incidents and accidents, and continuous evaluation and improvement programs.''. (b) Sense of Congress.--It is the sense of Congress that, under the Railroad Safety Risk Reduction Program under section 20156 of title 49, United States Code, the Secretary of Transportation should include within the definition of ``a railroad carrier that has an inadequate safety performance'' any railroad carrier that is at fault for an incident, accident, or emergency involving hazardous materials that has led to a fatality or personal injury, an evacuation, or environmental damage within the last five years. SEC. 7. FIRST RESPONDER RIGHT-TO-KNOW. (a) Real-Time Emergency Response Notification.--Not later than one year after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations-- (1) requiring a railroad carrier transporting a hazardous material to have the capability to generate, maintain, retrieve, and promptly deliver accurate and real-time consists that include the identity and location of the hazardous material on the train; (2) requiring a railroad carrier transporting a hazardous material to provide such information promptly to first responders, emergency response officials, and law enforcement personnel in the event of an incident, accident, or emergency, or as required by these entities to protect public health and community safety; and (3) prohibiting a railroad carrier, employee, or agent from withholding, or a railroad carrier from instructing its employees or agents to withhold, a train consist or a real-time train consist from first responders, emergency response officials, and law enforcement personnel in the event of an incident, accident, or emergency involving the transportation of hazardous materials by railroad that threatens public health or safety. (b) Emergency Response Standardization.--The Secretary of Transportation, in consultation with railroad carriers, shall ensure that emergency response information carried by train crews transporting hazardous materials is consistent with and is at least as protective as the emergency response guidance provided in the Emergency Response Guidebook issued by the Department of Transportation. (c) Enforcement.--Any railroad carrier violating subsection (a)(3) or a regulation prescribed under subsection (a)(3) shall be liable to the Federal Government for a civil penalty for each violation or each day the violation continues, as follows: (1) For a railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class I carriers as determined by the Surface Transportation Board under section 1201.1-1 of title 49, Code of Federal Regulations, the penalty shall be not less than $100,000 and not more than $1,000,000. (2) For a railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class II carriers as determined by the Surface Transportation Board under section 1201.1-1 of title 49, Code of Federal Regulations, the penalty shall be not less than $25,000 and not more than $250,000. (3) For a railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class III carriers as determined by the Surface Transportation Board under section 1201.1-1 of title 49, Code of Federal Regulations, the penalty shall be not less than $10,000 and not more than $100,000. SEC. 8. PUBLIC EDUCATION. Not later than one year after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations requiring railroad carriers transporting hazardous materials to develop, implement, and periodically evaluate a public education program for the communities along railroad hazardous materials routes. The public education program may include the following elements: (1) Procedures for reporting the release of a hazardous material. (2) Physical indications of a release of a hazardous material, including a focus on hazardous materials that are most commonly transported in or near a given community. (3) Methods of communication that will be used to alert the community in the event of a railroad incident, accident, or emergency involving a hazardous material. (4) Steps that should be taken by community residents to ensure public health and safety in the event of a hazardous material release. (5) Discussion of possible public health and safety concerns associated with an unintended release of a hazardous material, including a focus on hazardous materials that are most commonly transported in or near a given community. SEC. 9. INFLATION ADJUSTMENTS. The Secretary of Transportation shall issue a statement of agency policy adjusting the penalty schedules for violations outlined in this Act as necessary to account for inflation, each time the Secretary is required by law to review the minimum and maximum civil monetary penalty for inflation under the Federal Civil Penalties Inflation Adjustment Act of 1990 (Public Law 101-410; 28 U.S.C. 2461 note). The Secretary may subject the statement of agency policy to notice and comment, as the Secretary considers appropriate.

Toxics by Rail Accountability and Community Knowledge (TRACK) Act of 2014 - Requires railroad carriers found at fault for an unintended release of hazardous materials (hazmat) due to a railroad accident or incident during calendar year 2010 to: review periodically any post-accident public health assessments of hazmat-exposed individuals who could experience long-lasting or irreversible health effects; inform those individuals in a timely manner of any health information, including information on long-lasting or irreversible health consequences; and offer to renegotiate any legal settlements made to affected individuals in which additional information about potential for such consequences has been later disclosed in a post-accident public health assessment. Directs the Secretary of Transportation (DOT) to prescribe regulations: requiring railroad carriers transporting hazmat to give first responders, emergency response officials, and law enforcement personnel accurate and current commodity flow data and assist with the development of emergency operations and hazmat response plans for railroad accidents or incidents; and establishing a procedure for railroad carriers to permit a train to pass a red signal at a moveable bridge. Requires the Secretary, in collaboration with the Secretary of Homeland Security (DHS) and the American Short Line and Regional Railroad Association, to develop route safety and security risk assessment tools for short line and regional railroad carriers. Revises the railroad safety risk reduction program by requiring railroad carriers to develop a comprehensive program to improve safety by reducing the number and rates of accidents, incidents, injuries, and fatalities (as under current law) through the use of safety management systems and their associated key principles, analysis of operational incidents and accidents, and continuous evaluation and improvement programs. Directs the Secretary to prescribe regulations requiring railroad carriers transporting hazmat to: give first responders, emergency response officials, and law enforcement personnel real-time information regarding hazmat on the train in the event of an incident, accident, or emergency; and develop a public education program for communities along railroad hazmat routes. Prescribes certain civil penalties for any railroad carrier that violates a requirement or regulation under this Act.

Toxics by Rail Accountability and Community Knowledge (TRACK) Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Land Preservation Act of 1997''. SEC. 2. TREATMENT OF LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT. (a) Estate Tax With Respect to Land Subject to a Qualified Conservation Easement.--Section 2031 of the Internal Revenue Code of 1986 (relating to the definition of gross estate) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Estate Tax With Respect to Land Subject to a Qualified Conservation Easement.-- ``(1) In general.--If the executor makes the election described in paragraph (4), then, except as otherwise provided in this subsection, there shall be excluded from the gross estate the value of land subject to a qualified conservation easement, reduced by the amount of any deduction under section 2055(f) with respect to such land. ``(2) Treatment of certain indebtedness.-- ``(A) In general.--The exclusion provided in paragraph (1) shall not apply to the extent that the land is debt-financed property. ``(B) Definitions.--For purposes of this paragraph-- ``(i) Debt-financed property.--The term `debt-financed property' means any property with respect to which there is an acquisition indebtedness (as defined in clause (ii)) on the date of the decedent's death. ``(ii) Acquisition indebtedness.--The term `acquisition indebtedness' means, with respect to debt-financed property, the unpaid amount of-- ``(I) the indebtedness incurred by the donor in acquiring such property, ``(II) the indebtedness incurred before the acquisition of such property if such indebtedness would not have been incurred but for such acquisition. ``(III) the indebtedness incurred after the acquisition of such property if such indebtedness would not have been incurred but for such acquisition and the incurrence of such indebtedness was reasonably foreseeable at the time of such acquisition, except that indebtedness incurred after the acquisition of such property is not acquisition indebtedness if incurred to carry on activities directly related to farming, ranching, forestry, horticulture, or viticulture, and ``(IV) the extension, renewal, or refinancing of an acquisition indebtedness. ``(3) Treatment of retained development right.-- ``(A) In general.--Paragraph (1) shall not apply to the value of any development right retained by the donor in the conveyance of a qualified conservation easement. ``(B) Termination of retained development right.-- If every person in being who has an interest (whether or not in possession) in such land shall execute an agreement to extinguish permanently some or all of any development rights (as defined in subparagraph (D)) retained by the donor on or before the date for filing the return of the tax imposed by section 2001, then any tax imposed by section 2001 shall be reduced accordingly. Such agreement shall be filed with the return of the tax imposed by section 2001. The agreement shall be in such form as the Secretary shall prescribe. ``(C) Additional tax.--Failure to implement the agreement described in subparagraph (B) within 2 years of the decedent's death shall result in the imposition of an additional tax in the amount of tax which would have been due on the retained development rights subject to such agreement. Such additional tax shall be due and payable on the last day of the 6th month following the end of the 2-year period. ``(D) Development right defined.--For purposes of this paragraph, the term `development right' means the right to establish or use any structure and the land immediately surrounding it for sale (other than the sale of the structure as part of a sale of the entire tract of land subject to the qualified conservation easement), or other commercial purpose which is not subordinate to and directly supportive of the activity of farming, forestry, ranching, horticulture, or viticulture conducted on land subject to the qualified conservation easement in which such right is retained. ``(4) Election.--The election under this subsection shall be made on the return of the tax imposed by section 2001. Such an election, once made, shall be irrevocable. ``(5) Calculation of estate tax due.--An executor making the election described in paragraph (4) shall, for purposes of calculating the amount of tax imposed by section 2001, include the value of any development right (as defined in paragraph (3)) retained by the donor in the conveyance of such qualified conservation easement. The computation of tax on any retained development right prescribed in this paragraph shall be done in such manner and on such forms as the Secretary shall prescribe. ``(6) Definitions.--For purposes of this subsection-- ``(A) Land subject to a qualified conservation easement.--The term `land subject to a qualified conservation easement' means land-- ``(i) which is located in or within 50 miles of an area which, on the date of the decedent's death, is-- ``(I) a metropolitan area (as defined by the Office of Management and Budget), or ``(II) a National Park, National Seashore, or wilderness area designated as part of the National Wilderness Preservation System, ``(ii) which was owned by the decedent or a member of the decedent's family at all times during the 3-year period ending on the date of the decedent's death, and ``(iii) with respect to which a qualified conservation easement is or has been made by the decedent or a member of the decedent's family. ``(B) Qualified conservation easement.-- ``(i) In general.--The term `qualified conservation easement' means a qualified conservation contribution (as defined in section 170(h)(1)) of a qualified real property interest (as defined in section 170(h)(2)(C)), except that in applying section 170(h) for purposes of this subsection-- ``(I) the term `qualified real property interest' shall not include any structure or building constituting a certified historic structure (as defined in section 170(h)(4)(B)), and ``(II) the restriction on the use of such interest described in section 170(h)(2)(C) shall include a prohibition on commercial recreational activity, except that the leasing of fishing and hunting rights shall not be considered commercial recreational activity when such leasing is subordinate to the activities of farming, ranching, forestry, horticulture or viticulture. ``(ii) Sales of qualified conservation easements to qualify.--In the case of an easement which would be a qualified conservation easement but for the fact that the easement was sold to the qualified organization-- ``(I) such easement shall be treated as a qualified easement for purposes of this subsection, and ``(II) references in this subsection to the donor shall be treated as references to the owner of the land to which the easement relates. ``(C) Member of family.--The term `member of the decedent's family' means any member of the family (as defined in section 2032A(e)(2)) of the decedent.'' ``(7) Application of this section to interests in partnerships, corporations, and trusts.--The Secretary shall prescribe regulations applying this section to an interest in a partnership, corporation, or trust which, with respect to the decedent, is an interest in a closely held business (within the meaning of paragraph (1) of section 6166(b)).'' (b) Carryover Basis.--Section 1014(a) of such Code (relating to basis of property acquired from a decedent) is amended by striking the period at the end of paragraph (3) and inserting ``, or'' and by adding after paragraph (3) the following new paragraph: ``(4) to the extent of the applicability of the exclusion described in section 2031(c), the basis in the hands of the decedent.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after December 31, 1996. SEC. 3. GIFT TAX ON LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT. (a) Gift Tax With Respect to Land Subject to a Qualified Conservation Easement.--Section 2503 of the Internal Revenue Code of 1986 (relating to taxable gifts) is amended by adding at the end the following new subsection: ``(h) Gift Tax With Respect to Land Subject to a Qualified Conservation Easement.--The transfer by gift of land subject to a qualified conservation easement shall not be treated as a transfer of property by gift for purposes of this chapter. For purposes of this subsection, the term `land subject to a qualified conservation easement' has the meaning given to such term by section 2031(c); except that references to the decedent shall be treated as references to the donor and references to the date of the decedent's death shall be treated as references to the date of the transfer by the donor.'' (b) Effective Date.--The amendment made by this section shall apply to gifts made after December 31, 1996. SEC. 4. TREATMENT UNDER ALTERNATE VALUATION OF FARM PROPERTY RULES OF QUALIFIED CONSERVATION CONTRIBUTIONS AND LAND SUBJECT TO QUALIFIED CONSERVATION EASEMENTS. (a) Exceptions From Recapture Rules for Land Subject To Qualified Conservation Easement and Qualified Conservation Contributions.-- Subsection (c) of section 2032A of the Internal Revenue Code of 1986 (relating to alternative valuation method) is amended by adding at the end the following new paragraphs: ``(8) Exception for land subject to a qualified conservation easement.--If qualified real property is land subject to a qualified conservation easement (as defined in section 2031(c)), the preceding paragraphs of this subsection shall not apply. ``(9) Qualified conservation contribution is not a disposition.--A qualified conservation contribution (as defined in section 170(h)) by gift or otherwise shall not be deemed a disposition under subsection (c)(1)(A).'' (b) Land Subject to a Qualified Conservation Easement Is Not Disqualified.--Paragraph (1) of section 2032A(b) of such Code (relating to alternative valuation method) is amended by adding at the end the following new subparagraph: ``(E) If property is otherwise qualified real property, the fact that it is land subject to a qualified conservation easement (as defined in section 2031(c)) shall not disqualify it under this section.'' (c) Effective Date.--The amendments made by this section shall apply to contributions made, and easements granted, after December 31, 1986. SEC. 5. QUALIFIED CONSERVATION CONTRIBUTION WHERE SURFACE AND MINERAL RIGHTS ARE SEPARATED. (a) In General.--Section 170(h)(5)(B)(ii) of the Internal Revenue Code of 1986 (relating to special rule) is amended to read as follows: ``(ii) Special rule.--With respect to any contribution of property in which the ownership of the surface estate and mineral interests has been and remains separated, subparagraph (A) shall be treated as met if the probability of surface mining occurring on such property is so remote as to be negligible.'' (b) Effective Date.--The amendment made by this section shall apply with respect to contributions made after December 31, 1992, in taxable years ending after such date.

Agricultural Land Preservation Act of 1997 - Amends the Internal Revenue Code to exclude from the gross estate, if the executor so elects, the value of land subject to a qualified conservation easement, except for any debt-financed portion and reduced by any deduction taken under provisions relating to transfers for public, charitable, and religious use. Provides for the treatment of any retained development right. Adds references to such property to provisions controlling the basis of property acquired from a decedent. Prohibits treating the transfer by gift of land subject to a qualified conservation easement as a transfer of property by gift for purposes of provisions relating to gift taxes. Amends provisions relating to the valuation of certain farm and other real property to prohibit a qualified conservation contribution (as defined in provisions relating to charitable contributions) from being deemed a disposition unless it is subject to a conservation easement. Declares that, if property is otherwise qualified real property, being subject to a conservation easement does not disqualify it. Allows a contribution to be treated as exclusively for conservation purposes if the surface estate and mineral interests have been and remain separated (currently, if the surface estate and mineral interests were separated before June 13, 1976, and remain separated) and if the probability of surface mining is so remote as to be negligible.

Agricultural Land Preservation Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced 911 Emergency Communications Act of 2003''. SEC. 2. FINDINGS. The Congress finds that-- (1) for the sake of our Nation's homeland security and public safety, a universal emergency telephone number (911) that is enhanced with the most modern and state-of-the-art telecommunications capabilities possible should be available to all citizens in all regions of the Nation; (2) enhanced emergency communications require Federal, State, and local government resources and coordination; (3) any funds that are collected from fees imposed on consumer bills for the purposes of funding 911 services or enhanced 911 should go only for the purposes for which the funds are collected; and (4) enhanced 911 is a high national priority and it requires Federal leadership, working in cooperation with State and local governments and with the numerous organizations dedicated to delivering emergency communications services. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to coordinate emergency communications systems, including 911 services and E-911 services, at the Federal, State, and local levels; (2) to provide stability and resources to State and local Public Safety Answering Points, to facilitate the prompt deployment of enhanced 911 services throughout the United States in a ubiquitous and reliable infrastructure; and (3) to ensure that funds collected on telecommunications bills for enhancing emergency 911 services are used only for the purposes for which the funds are being collected. SEC. 4. EMERGENCY COMMUNICATIONS COORDINATION. (a) In General.--Part C of title I of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended by adding at the end the following: ``SEC. 158. COORDINATION OF EMERGENCY COMMUNICATIONS. ``(a) Establishment of Task Force.--The Assistant Secretary shall establish an Emergency Communications Task Force to facilitate coordination between Federal, State, and local emergency communications systems, emergency personnel, and public safety organizations. The task force shall include the following: ``(1) Representatives from Federal agencies, including-- ``(A) the Department of Justice; ``(B) the Department of Homeland Security; ``(C) the Department of Defense; ``(D) the Department of the Interior; ``(E) the Department of Transportation; and ``(F) the Federal Communications Commission; ``(2) State and local first responder agencies; ``(3) national 911 and emergency communications leadership organizations; ``(4) telecommunications industry representatives; and ``(5) other individuals designated by the Assistant Secretary. ``(b) Purpose of Task Force.--The task force shall provide advice and recommendations with respect to methods to improve coordination and communications between agencies and organizations involved in emergency communications, including 911 services to enhance homeland security and public safety. ``(c) Reports.--The Assistant Secretary shall provide an annual report to Congress by the first day of October of each year on the task force activities and make recommendations on how Federal, State, and local governments and emergency communications organizations can improve coordination and communications. ``(d) Miscelleanous Provisions.--Members of the task force shall serve without special compensation with respect to their activities on behalf of the task force.''. SEC. 5. GRANTS FOR E-911 ENHANCEMENT. Part C of title I of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901), as amended by section 4, is amended by adding at the end: ``SEC. 159. EMERGENCY COMMUNICATIONS GRANTS. ``(a) Matching Grants.--The Assistant Secretary, after consultation with the Secretary of Homeland Security, shall provide grants to State and local governments and tribal organizations (as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l))) for the purposes of enhancing emergency communications services through planning, infrastructure improvements, equipment purchases, and personnel training and acquisition. ``(b) Matching Requirement.--The Federal share of the cost of a project eligible for a grant under this section shall not exceed 50 percent. The non-Federal share of the cost shall be provided from non- Federal sources. ``(c) Preference.--In providing grants under subsection (a), the Assistant Secretary shall give preference to applicants who-- ``(1) coordinate their applications with the needs of their public safety answering points; and ``(2) integrate public and commercial communications services involved in the construction, delivery, and improvement of emergency communications, including 911 services. ``(d) Criteria.--The Assistant Secretary shall issue regulations within 180 days of the enactment of the Enhanced E-911 Emergency Communications Act of 2003, after a public comment period of not less than 60 days, prescribing the criteria for selection for grants under this section and shall update such regulations as necessary. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to the Assistant Secretary not more than $500,000,000 for each fiscal year for grants under this section.''. SECTION 6. STATE AND LOCAL 911 PRACTICES. (a) Certification.--Part IV of title VI of the Communications Act of 1934 (47 U.S.C. 631 et seq.) is amended by adding at the end the following: ``SEC. 642. DIVERSION OF 911 FUNDS. ``(a) In General.-- ``(1) Assessment and audit.--The Commission shall review, no less frequently than twice a year-- ``(A) the imposition of taxes, fees, or other charges imposed by States or political subdivisions of States that-- ``(i) appear on telecommunications services customers' bills; and ``(ii) are designated or presented as dedicated to improve emergency communications services, including 911 services or enhanced 911 services, or related to emergency communications services operations or improvements; and ``(B) the use of revenues derived from such taxes, fees, or charges. ``(2) Certification.--Each State shall certify annually to the Commission that no portion of the revenues derived from such taxes, fees, or charges have been obligated or expended for any purpose other than the purposes for which such taxes, fees, or charges are designated or presented. ``(b) Notification of Congress and the Public.--If the Commission fails to receive the certification described in subsection (a)(2), then, within 30 days after the date on which such certification was due, the Commission shall cause to be published in the Federal Register, and notify the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce of-- ``(1) the identity of each State or political subdivision that failed to make the certification; and ``(2) the amount of revenues obligated or expended by that State or political subdivision for any purpose other than the purposes for which such taxes, fees, or charges were designated or presented. ``(c) Withholding of Funds.--Notwithstanding any other provision of law, the Assistant Secretary shall withhold any Federal grant funds that would otherwise be made available under section 159 of the National Telecommunications and Information Administration Organization Act to a State or political subdivision identified by the Commission under subsection (b)(1) in an amount not to exceed twice the amount described in subsection (b)(2). In lieu of withholding grant funds under this subsection, the Secretary may require a State or political subdivision to repay to the Secretary the appropriate amount of funds already disbursed to that State or political subdivision.''.

Enhanced 911 Emergency Communications Act of 2003 - Amends the National Telecommunications and Information Administration Organization Act to direct the Assistant Secretary for Communications and Information of the Department of Commerce to establish the Emergency Communications Task Force to facilitate coordination between Federal, State, and local emergency communications systems, emergency personnel, and public safety organizations. Directs the Task Force to provide advice and recommendations with respect to methods to improve coordination and communications between agencies and organizations involved in emergency communications, including 911 services to enhance homeland security and public safety. Requires annual reports from the Assistant Secretary to Congress on Task Force activities. Directs the Assistant Secretary to provide grants to State and local governments and tribal organizations for enhancing emergency communications services through planning, infrastructure improvements, equipment purchases, and personnel training and acquisition. Establishes a 50 percent matching funds requirement. Authorizes appropriations. Amends the Communications Act of 1934 to direct the Federal Communications Commission to review at least twice a year: (1) the State and local taxes, fees, or other charges appearing on telecommunications customers' bills that are designated for emergency communications improvements; and (2) the use of derived revenues. Requires each State to certify, annually, that no part of derived revenues is being used for a purpose for which taxes, fees, or charges are not designated or presented. Requires the Commission to publish in the Federal Register and notify specified congressional committees of the identity of each State or political subdivision that has failed to make such certification and the revenues being used for such other purposes. Authorizes the withholding of grant funds from States that do not comply.

A bill to improve, enhance, and promote the Nation's homeland security, public safety, and citizen activated emergency response capabilities through the use of enhanced 911 services, to further upgrade Public Safety Answering Point capabilities and related functions in receiving E-911 calls, and to support the construction and operation of a ubiquitous and reliable citizen activated system and other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Payroll Fraud Prevention Act of 2013''. SEC. 2. CLASSIFICATION OF EMPLOYEES AND NON-EMPLOYEES. (a) Definitions.--Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended by adding at the end the following: ``(z) `Non-employee' means an individual who-- ``(1) a person has engaged, in the course of the trade or business of the person, for the performance of labor or services; and ``(2) is not an employee of the person. ``(aa) `Covered individual' when used with respect to an employer or other person means-- ``(1) an employee of the employer; or ``(2) a non-employee of the person (including a person who is an employer)-- ``(A) whom the person has engaged, in the course of the trade or business of the person, for the performance of labor or services; and ``(B)(i) with respect to whom the person is required to file an information return under section 6041A(a) of the Internal Revenue Code of 1986; or ``(ii) who is providing labor or services to the person through an entity that is a trust, estate, partnership, association, company, or corporation (as such terms are used in section 7701(a)(1) of the Internal Revenue Code of 1986) if-- ``(I) such individual has an ownership interest in the entity; ``(II) creation or maintenance of such entity is a condition for the provision of such labor or services to the person; and ``(III) the person would be required to file an information return for the entity under section 6041A(a) of the Internal Revenue Code of 1986 if the entity was an individual.''. (b) Classification as Employees.--Section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is amended-- (1) by striking ``(c) Every employer subject to any provision of this Act or of any order issued under this Act'' and inserting the following: ``(c) Recordkeeping; Classification; Notice.-- ``(1) Recordkeeping.--Every person subject to any provision of this Act or of any order issued under this Act''; and (2) by adding at the end the following: ``(2) Classification.-- ``(A) In general.--Every person (including every employer and enterprise), who employs any employee engaged in commerce or in the production of goods for commerce or engages any non-employee engaged in commerce or in the production of goods for commerce, shall-- ``(i) accurately classify each covered individual as an employee or a non-employee (as the case may be); ``(ii) provide, to each covered individual, a written notice that-- ``(I) informs the covered individual of the classification of such individual, by the person submitting the notice, as an employee or a non-employee; ``(II) includes a statement directing such individual to the Department of Labor website established under section 3 of the Payroll Fraud Prevention Act of 2013, or other appropriate resources, for the purpose of providing further information about the legal rights of an employee; ``(III) includes the address and telephone number for the applicable local office of the Department of Labor; and ``(IV) includes for each covered individual classified as a non-employee by the person providing the notice, the following statement: `Your rights to wage, hour, and other labor protections depend upon your proper classification as an employee or a non-employee. If you have any questions or concerns about how you have been classified or suspect that you may have been misclassified, contact the U.S. Department of Labor.'; and ``(iii) maintain a copy of such notice as a required record under paragraph (1). ``(B) Timing of notice.-- ``(i) In general.--The notice described in subparagraph (A)(ii) shall be provided, at a minimum, to each covered individual not later than 6 months after the date of enactment of the Payroll Fraud Prevention Act of 2013, and thereafter-- ``(I) for each new employee, upon employment; and ``(II) for each new non-employee, upon commencement of the labor or services provided by the non-employee. ``(ii) Change in status.--Each person required to provide a notice under subparagraph (A)(ii) to a covered individual shall also provide such notice to such individual upon changing the status of such individual as an employee or a non-employee. ``(C) Presumption.-- ``(i) In general.--For purposes of this Act and the regulations or orders issued under this Act, a covered individual to whom a person is required to provide a notice under subparagraph (A)(ii) shall be presumed to be an employee of the person if the person has not provided the individual with such notice within the time required under subparagraph (B). ``(ii) Rebuttal.--The presumption under clause (i) shall be rebutted only through the presentation of clear and convincing evidence that a covered individual described in such subparagraph is not an employee of the person.''. (c) Special Prohibited Acts.--Section 15(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)) is amended-- (1) by striking paragraph (3) and inserting the following: ``(3) to discharge or in any other manner discriminate against any covered individual (including an employee) because such individual has-- ``(A) opposed any practice, filed any petition or complaint, or instituted or caused to be instituted any proceeding-- ``(i) under or related to this Act (including concerning the status of a covered individual as an employee or a non-employee for purposes of this Act); or ``(ii) concerning the status of a covered individual as an employee or a non-employee for employment tax purposes within the meaning of subtitle C of the Internal Revenue Code of 1986; ``(B) testified or is about to testify in any proceeding described in subparagraph (A); or ``(C) served, or is about to serve, on an industry committee;''; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) to wrongly classify an employee of the person as a non-employee in accordance with section 11(c)(2).''. (d) Special Penalty for Certain Misclassification, Recordkeeping, and Notice Violations.--Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended-- (1) in subsection (b)-- (A) in the sixth sentence, by striking ``any employee'' each place the term occurs and inserting ``any covered individual''; (B) in the fourth sentence-- (i) by striking ``employees'' and inserting ``covered individual''; and (ii) by striking ``he gives his consent'' and inserting ``such covered individual consents''; (C) in the third sentence-- (i) by striking ``either of the preceding sentences'' and inserting ``any of the preceding sentences''; (ii) by striking ``one or more employees'' and inserting ``one or more covered individuals''; and (iii) by striking ``in behalf of himself or themselves and other employees'' and inserting ``on behalf of such covered individual or individuals and other covered individuals''; and (D) by inserting after the first sentence the following: ``Such liquidated damages are doubled (subject to section 11 of the Portal-to-Portal Act of 1947 (29 U.S.C. 260)) where, in addition to violating the provisions of section 6 or 7, the employer has violated the provisions of section 15(a)(6) with respect to such employee or employees.''; and (2) in subsection (e), by striking paragraph (2) and inserting the following: ``(2) Any person who violates section 6, 7, 11(c), or 15(a)(6) shall be subject to a civil penalty, for each employee or other individual who was the subject of such a violation, in an amount-- ``(A) not to exceed $1,100; or ``(B) in the case of a person who has repeatedly or willfully committed such violation, not to exceed $5,000.''. SEC. 3. EMPLOYEE RIGHTS WEBSITE. Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall establish a single webpage on the Department of Labor website that summarizes in plain language the rights of employees and non-employees under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), including the rights described in the amendments made by section 2. SEC. 4. MISCLASSIFICATION OF EMPLOYEES FOR UNEMPLOYMENT COMPENSATION PURPOSES. (a) In General.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended-- (1) in paragraph (11)(B), by striking the period and inserting ``; and''; (2) in paragraph (12), by striking the period and inserting ``; and''; and (3) by adding after paragraph (12) the following: ``(13)(A) Such auditing and investigative procedures as may be necessary to identify employers that have not registered under the State law or that are paying unreported wages, where these actions or omissions by the employers have the effect of excluding employees from unemployment compensation coverage; and ``(B) the making of quarterly reports to the Secretary of Labor (in such form as the Secretary of Labor may require) describing the results of the procedures under subparagraph (A); and ``(14) the establishment of administrative penalties for misclassifying employees, or paying unreported wages to employees without proper recordkeeping, for unemployment compensation purposes.''. (b) Review of Auditing Programs.--The Secretary of Labor shall include, in the Department of Labor's system for measuring the performance of States in conducting unemployment compensation tax audits, a specific measure of the effectiveness of States in identifying the underreporting of wages and the underpayment of unemployment compensation contributions (including the effectiveness of States in identifying instances of such underreporting or underpayments despite the absence of cancelled checks, original time sheets, or other similar documentation). (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect 12 months after the date of enactment of this Act. (2) Exception.--If the Secretary of Labor finds that legislation is necessary for the unemployment compensation law of a State to comply with the amendments made by subsection (a), such amendments shall not apply with respect to such law until the later of-- (A) the day after the close of the first regular session of the legislature of such State that begins after the date of enactment of this Act; or (B) 12 months after the date of enactment of this Act. (d) Definition of State.--For purposes of this section, the term ``State'' has the meaning given the term in section 3306(j) of the Internal Revenue Code of 1986. SEC. 5. DEPARTMENT OF LABOR COORDINATION, REFERRAL, AND REGULATIONS. (a) Coordination and Referral.--Notwithstanding any other provision of law, any office, administration, or division of the Department of Labor that, while in the performance of its official duties, obtains information regarding the misclassification by a person subject to the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), or any order issued under such Act of any individual regarding whether such individual is an employee or a non-employee engaged in the performance of labor or services for purposes of section 6 or 7 of such Act (29 U.S.C. 206, 207), or in records required under section 11(c) of such Act (29 U.S.C. 211(c)), shall report such information to the Wage and Hour Division of the Department of Labor. The Wage and Hour Division may report such information to the Internal Revenue Service as the Wage and Hour Division considers appropriate. (b) Regulations.--The Secretary of Labor shall promulgate regulations to carry out this Act and the amendments made by this Act. SEC. 6. TARGETED AUDITS. The audits of employers subject to the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) that are conducted by the Wage and Hour Division of the Department of Labor shall include certain industries with frequent incidence of misclassifying employees as non-employees, as determined by the Secretary of Labor.

Payroll Fraud Prevention Act of 2013- Amends the Fair Labor Standards Act of 1938 (FLSA) to require every person (including every employer and enterprise) that employs an employee or non-employee who performs labor or services, including through an entity such as a trust, estate, partnership, association, company, or corporation, to: (1) classify such individuals accurately as employees or non-employees; and (2) notify each new employee and new non-employee of his or her classification as an employee or non-employee, together with information concerning their legal rights. Makes it unlawful for any person to: (1) discharge or otherwise discriminate against an individual (including an employee) who has opposed any practice, or filed a complaint or instituted any proceeding related to this Act, including with respect to an individual's status as an employee or non-employee; and (2) wrongly classify an employee as a non-employee. Doubles the amount of liquidated damages for maximum hours, minimum wage, and notice of classification violations by an employer. Subjects a person who: (1) violates such requirements (including recordkeeping requirements) to a civil penalty of up to $1,100; or (2) repeatedly or willfully violates such requirements to a civil penalty of up to $5,000 for each violation. Directs the Secretary of Labor to establish a single webpage on the Department of Labor website that summarizes the rights of employees and non-employees under the FLSA and this Act. Amends the Social Security Act to require, as a condition for a federal grant for the administration of state unemployment compensation, for the state's unemployment compensation law to include a provision for: (1) auditing programs that identify employers that have not registered under the state law or that are paying unreported compensation where the effect is to exclude employees from unemployment compensation coverage, and (2) establishing administrative penalties for misclassifying employees or paying unreported unemployment compensation to employees. Requires any office, administration, or division of the Department of Labor to report any misclassification of an employee by a person subject to the FLSA that it discovers to the Department's Wage and Hour Division (WHD). Authorizes the WHD to report such information to the Internal Revenue Service (IRS).

Payroll Fraud Prevention Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Health Care Budget Reform and Transparency Act of 2009''. SEC. 2. PRESIDENT'S BUDGET SUBMISSION. Section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(36) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the following medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account: ``(A) Medical Services. ``(B) Medical Support and Compliance. ``(C) Medical Facilities.''. SEC. 3. ADVANCE APPROPRIATIONS FOR CERTAIN MEDICAL CARE ACCOUNTS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 1 of title 38, United States Code, is amended by inserting after section 116 the following new section: ``Sec. 117. Advance appropriations for certain medical care accounts ``(a) In General.--For each fiscal year, beginning with fiscal year 2011, discretionary new budget authority provided in an appropriations Act for the medical care accounts of the Department shall-- ``(1) be made available for that fiscal year; and ``(2) include, for each such account, advance discretionary new budget authority that first becomes available for the first fiscal year after the budget year. ``(b) Estimates Required.--The Secretary shall include in documents submitted to Congress in support of the President's budget submitted pursuant to section 1105 of title 31, United States Code, detailed estimates of the funds necessary for the medical care accounts of the Department for the fiscal year following the fiscal year for which the budget is submitted. ``(c) Medical Care Accounts.--For purposes of this section, the term `medical care accounts of the Department' means the following medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account: ``(1) Medical Services. ``(2) Medical Support and Compliance. ``(3) Medical Facilities. ``(d) Annual Report.--Not later than July 31 of each year, the Secretary shall submit to Congress an annual report on the sufficiency of the Department's resources for the next fiscal year beginning after the date of the submittal of the report for the provision of medical care. Such report shall also include estimates of the workload and demand data for that fiscal year.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 113 the following new line: ``117. Advance appropriations for certain medical care accounts.''. SEC. 4. COMPTROLLER GENERAL REVIEW OF THE ACCURACY OF VA MEDICAL CARE BUDGET SUBMISSION IN RELATION TO BASELINE HEALTH CARE MODEL PROJECTION. (a) Review of Accuracy of Medical Care Budget Submission.--The Comptroller General shall conduct a review of each budget of the President for a fiscal year that is submitted to Congress pursuant to section 1105(a) of title 31 in order to assess whether or not the relevant components of the amounts requested in such budget for such fiscal year for the medical care accounts of the Department of Veterans Affairs specified in section 117(c) of title 38, United States Code, as added by section 3, are consistent with estimates of the resources required by the Department for the provision of medical care and services in such fiscal year, as forecast using the Enrollee Health Care Projection Model, or other methodologies used by the Department. (b) Reports.-- (1) In general.--Not later than 120 days after the date of each year in 2011, 2012, and 2013, on which the President submits the budget request for the next fiscal year under section 1105 of title 31, United States Code, the Comptroller General shall submit to the Committees on Veterans' Affairs, Appropriations, and the Budget of the Senate and the Committees on Veterans' Affairs, Appropriations, and the Budget of the House of Representatives and to the Secretary a report on the review conducted under subsection (a). (2) Elements.--Each report under this paragraph shall include, for the fiscal year beginning in the year in which such report is submitted, the following: (A) An assessment of the review conducted under subsection (a). (B) The basis for such assessment. (C) Such additional information as the Comptroller General determines appropriate. (3) Availability to the public.--Each report submitted under this subsection shall also be made available to the public. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Veterans Health Care Budget Reform and Transparency Act of 2009 - Directs the President to include in annual budget justification documents submitted to Congress information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the following accounts of the Department of Veterans Affairs (VA): (1) Medical Services; (2) Medical Support and Compliance; and (3) Medical Facilities. Requires annually for such accounts, beginning with FY2011, discretionary new budget authority to: (1) be made available for that fiscal year; and (2) include, for each such account, advance discretionary new budget authority that first becomes available for the first fiscal year after the budget year. Directs the VA Secretary to report annually to Congress on the sufficiency of VA resources for the proceeding fiscal year with respect to the provision of medical care, including estimates of the workload and demand data for that fiscal year. Requires the Comptroller General to: (1) annually study the adequacy and accuracy of VA baseline model projections for health care expenditures for that fiscal year; and (2) report study results, during 2011 through 2013, to the congressional veterans, appropriations, and budget committees.

A bill to amend title 38, United States Code, to provide advance appropriations authority for certain accounts of the Department of Veterans Affairs, and for other purposes.

SECTION 1. TRANSIT TECHNICAL CORRECTIONS. (a) Section 5302.--Section 5302(a)(10) of title 49, United States Code, is amended by striking ``charter,'' and inserting ``charter, sightseeing,''. (b) Section 5303.--Section 5303 of title 49, United States Code, is amended-- (1) in subsection (j)(3)(D), by-- (A) inserting ``or the identified phase'' before ``within the time''; and (B) inserting ``or the identified phase'' before the period; and (2) in subsection (k)(2), by striking ``a metropolitan planning area serving''. (c) Section 5307.--Section 5307(b) of title 49, United States Code, is amended-- (1) in paragraph (2)(A) by striking ``mass transportation'' and inserting ``public transportation''; and (2) in paragraph (3) by striking ``section 5305(a)'' and inserting ``section 5303(k)''. (d) Section 5309.--Section 5309(m) of title 49, United States Code, is amended-- (1) in the heading for paragraph (2)(A) by striking ``Major capital'' and inserting ``Capital''; and (2) in paragraph (7)(B) by striking ``section 3039'' and inserting ``section 3045''. (e) Section 5311.--Section 5311 of title 49, United States Code, is amended-- (1) in subsection (g)(1)(A) by striking ``for any purpose other than operating assistance'' and inserting ``for a capital project or project administrative expenses''; (2) in subsections (g)(1)(A) and (g)(1)(B) by striking ``capital'' after ``net''; and (3) in subsection (i)(1) by striking ``Sections 5323(a)(1)(D) and 5333(b) of this title apply'' and inserting ``Section 5333(b) applies''. (f) Section 5312.--The heading for section 5312(c) of title 49, United States Code, is amended by striking ``Mass Transportation'' and inserting ``Public Transportation''. (g) Section 5314.--Section 5314(a)(3) of title 49, United States Code, is amended by striking ``section 5323(a)(1)(D)'' and inserting ``section 5333(b)''. (h) Section 5319.--Section 5319 of title 49, United States Code, is amended by striking ``section 5307(k)'' and inserting ``section 5307(d)(1)(K)''. (i) Section 5320.--Section 5320 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; (B) by inserting after ``(a) In General.--'' the following: ``(1) Program name.--The program authorized by this section shall be known as the Paul S. Sarbanes Transit in Parks Program.''; and (C) in paragraph (2)(A), as redesignated, by striking ``intra-agency'' and inserting ``intraagency''; (2) in subsection (b)(5)(A), by striking ``5302(a)(1)(A)'' and inserting ``5302(a)(1)''; (3) in subsection (d)(1), by inserting ``to administer this section and'' after ``5338(b)(2)(J)''; and (4) in subsection (d), by adding at the end the following: ``(4) Transfers to land management agencies.--The Secretary may transfer amounts available under paragraph (1) to the appropriate Federal land management agency to pay necessary costs of the agency for such activities described in paragraph (1) in connection with activities being carried out under this section.''. (j) Section 5323.--Section 5323(n) of title 49, United States Code, is amended by striking ``section 5336(e)(2)'' and inserting ``section 5336(d)(2)''. (k) Section 5325.--Section 5325(b) of title 49, United States Code, is amended-- (1) in paragraph (1), by inserting before the period at the end ``adopted before August 10, 2005''; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (l) Section 5336.-- (1) Apportionments of formula grants.--Section 5336 of title 49, United States Code, is amended-- (A) in subsection (a) by striking ``Of the amount'' and all that follows before paragraph (1) and inserting ``Of the amount apportioned under subsection (i)(2) to carry out section 5307--''; (B) in subsection (d)(1) by striking ``subsections (a) and (h)(2) of section 5338'' and inserting ``subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338''; and (C) by redesignating subsection (c), as added by section 3034(c) of Public Law 109-59 (119 Stat. 1628), as subsection (k). (2) Technical amendments.--Section 3034(d)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1629), is amended by striking ``paragraph (2)'' and inserting ``subsection (a)(2)''. (m) Section 5337.--Section 5337(a) of title 49, United States Code, is amended by striking ``for each of fiscal years 1998 through 2003'' and inserting ``for each of fiscal years 2005 through 2009''. (n) Section 5338.--Section 5338(d)(1)(B) of title 49, United States Code, is amended by striking ``section 5315(a)(16)'' and inserting ``section 5315(b)(2)(P)''. (o) SAFETEA-LU.-- (1) Section 3037.--Section 3037(c)(10) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1636) is amended by striking ``Middle Rio Grande Coalition of governments, Albuquerque to Santa Fe corridor study'' and inserting ``Mid-Region Council of Governments, New Mexico, public transportation buses, bus- related equipment and facilities, and intermodal terminals in Albuquerque and Santa Fe under the terms and conditions of section 5309 of title 49, United States Code.''. (2) Section 3040.--Section 3040(4) of such Act (119 Stat. 1639) is amended by striking ``$7,871,895,000'' and inserting ``$7,872,893,000''. (3) Section 3043.-- (A) San diego.--Section 3043(c)(105) of such Act (119 Stat. 1645) is amended by striking ``LOSSAN Del Mar-San Diego Rail--Corridor Improvements'' and inserting ``LOSSAN Rail Corridor Improvements''. (B) San diego.--Section 3043(c)(217) of such Act (119 Stat. 1648) is amended by striking ``San Diego'' and inserting ``San Diego Transit''. (C) Los angeles.-- (i) Phase 1.--Section 3043(b)(13) of such Act (119 Stat. 1642) is amended to read as follows: ``(13) Los Angeles--Exposition LRT (Phase 1).''. (ii) Phase 2.--Section 3043(c) of such Act (119 Stat. 1645) is amended by inserting after paragraph (104) the following: ``(104A) Los Angeles--Exposition LRT (Phase 2).''. (D) Boston.--Section 3043(d)(6) of such Act (119 Stat. 1649) is amended to read as follows: ``(6) Boston-Silver Line Phase III, $20,000,000.''. (E) Project construction grants.--Section 3043(e) of such Act (119 Stat. 1651) is amended by adding at the end the following: ``(4) Project construction grants.--Projects recommended by the Secretary for a project construction grant agreement under section 5309(e) of title 49, United States Code, or for funding under section 5309(m)(2)(A)(i) of such title during fiscal year 2008 and fiscal year 2009 are authorized for preliminary engineering, final design, and construction for fiscal years 2007 through 2009.''. (4) Section 3044.--The table contained in section 3044(a) of such Act (119 Stat. 1652) is amended-- (A) in item number 487 by striking ``Central Arkansas Transit Authority Facility Upgrades'' and inserting ``Central Arkansas Transit Authority Bus Acquisition''; (B) in item number 491 by amending the item to read as follows: ``PACE, IL, Cermak Road, Bus Rapid Transit, and related bus projects, and alternatives analysis''; (C) in item number 512 by striking ``Corning, NY, Phase II Corning Preserve Transportation Enhancement Project'' and inserting ``Transportation Center Enhancements, Corning, NY''; (D) in item number 534 by striking ``Community Buses'' and inserting ``Bus and Bus Facilities''; (E) in item number 541 by striking ``Intermodal Ferry Dock'' and inserting ``Gartina Highway Bus Stops''; and (F) in item number 570 by striking ``Maine Department of Transportation-Acadia Intermodal Facility'' and inserting ``MaineDOT Acadia Intermodal Passenger and Maintenance Facility''. (5) Section 3046.--Section 3046(a)(7) of such Act (119 Stat. 1708) is amended-- (A) by striking ``hydrogen fuel cell vehicles'' and inserting ``hydrogen fueled vehicles''; (B) by striking ``hydrogen fuel cell employee shuttle vans'' and inserting ``hydrogen fueled employee shuttle vans''; and (C) by striking ``in Allentown, Pennsylvania'' and inserting ``to the DaVinci Center in Allentown, Pennsylvania''. (6) Section 3050.--Section 3050(b) of such Act (119 Stat. 1713) is amended by inserting ``by negotiating the extension of the existing agreement between mile post 191.13 and mile post 185.1 to mile post 165.9 in Rhode Island'' before the period at the end. (7) Extensions.-- (A) Los angeles.--In evaluating the local share of the project authorized by section 3043(c)(104A) of such Act, as added by this Act, in the rating process under section 5309 of title 49, United States Code, the Secretary of Transportation shall give consideration to project elements of the project authorized by section 3043(b)(13) of such Act advanced with 100 percent non- Federal funds. (B) San gabriel valley.--In evaluating the local share of Phase II of the project authorized by section 3043(b)(33) of such Act (119 Stat. 1642) in the rating process under section 5309 of title 49, United States Code, the Secretary of Transportation shall give consideration to project elements of Phase I of such project advanced with 100 percent non-Federal funds. (p) TEA-21.--Section 3012(c)(1) of the Transportation Equity Act for the 21st Century (112 Stat. 358) is amended by striking ``to be used only for the completion of the program to develop and deploy a new Advanced Propulsion Control System begun under the Request for Technical Proposals for Project S-2814-2'' and inserting ``to develop and deploy new technology for the Silverliner IV Regional Rail Cars, including a Propulsion Control System, Trainline Door Control Relay Panel, HVAC Control Upgrade, Blending Valve, and related improvements''.

Makes technical corrections to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users or SAFETEA-LU and other laws related to public transportation. Excludes sightseeing from the term "public transportation." Names a certain program authorizing the Secretary of Transportation (Secretary) to carry out qualified projects to enhance the protection and enjoyment of national parks and public lands as the Paul S. Sarbanes Transit in Parks Program. Makes specified allocations for fixed guideway modernization through FY2009. Increases the total obligation ceiling for FY2008 for the Mass Transit Account. Makes specified changes to: (1) a certain project designated under the alternative analysis program; (2) certain project authorizations for new fixed guideway capital projects; (3) certain projects for bus and bus-related facilities; (4) the hydrogen fuel cell shuttle deployment demonstration program; and (5) the Advanced Propulsion Control System program. Directs the Secretary to resolve the delay of a certain commuter rail extension in Rhode Island by negotiating the extension of the existing agreement of a specified segment of such project. Requires the Secretary to take certain additional factors into consideration when evaluating the local matching share of costs for the extension of certain light rail lines.

An original bill to make technical corrections to SAFETEA-LU and other related laws relating to transit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trash Reduction Act of 2015''. SEC. 2. IMPOSITION OF TAX ON CARRYOUT BAGS. (a) General Rule.--Chapter 31 of the Internal Revenue Code of 1986 (relating to retail excise taxes) is amended by inserting after subchapter C the following new subchapter: ``Subchapter D--Carryout Bags ``Sec. 4056. Imposition of tax. ``SEC. 4056. IMPOSITION OF TAX. ``(a) General Rule.--There is hereby imposed on any retail sale a tax on each carryout bag. ``(b) Amount of Tax.--The amount of tax imposed by subsection (a) shall be $0.10 per carryout bag. ``(c) Liability for Tax.--The retailer shall be liable for the tax imposed by this section. ``(d) Definitions.--For purposes of this section-- ``(1) Carryout bag.-- ``(A) In general.--The term `carryout bag' means a bag of any material, commonly plastic or kraft paper, which is provided to a consumer at the point of sale to carry or cover purchases, merchandise, or other items. ``(B) Exceptions.--Such term does not include-- ``(i) any reusable bag that is distributed to a customer without charge during a limited duration promotional event, ``(ii) any bag manufactured for use by a customer inside a store to package bulk items such as fruit, vegetables, nuts, grains, candy, or small hardware items, such as nails and bolts, ``(iii) any bag that contains or wraps frozen foods, prepared foods, or baked goods when not prepackaged, ``(iv) any bag manufactured for use by a pharmacist to contain prescription drugs, and ``(v) any bag manufactured to be sold at retail in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags. ``(2) Reusable bag.--The term `reusable bag' means a bag that is-- ``(A)(i) made of cloth or other machine washable fabric, or ``(ii) made of a durable plastic that is at least 2.25 millimeters thick, and ``(B) is specifically designed and manufactured for multiple use. ``(3) Limited duration promotional event.--A limited duration promotional event shall not be treated as including any day in a calendar year if limited duration promotional events taken into account under paragraph (1)(B)(i) have occurred on 7 or more preceding days during such calendar year. ``(e) Special Rules.-- ``(1) Pass through of tax.--The tax imposed by subsection (a) shall be passed through to the customer and shall be separately stated on the receipt of sale provided to the customer. ``(2) 1st retail sale; use treated as sale.--For purposes of this section, rules similar to the rules of subsections (a) and (b) of section 4002 shall apply.''. (b) Plastic Carryout Bag Recycling Program.--Subchapter B of chapter 65 of such Code is amended by adding at the end the following new section: ``SEC. 6433. QUALIFIED PLASTIC CARRYOUT BAG RECYCLING PROGRAM. ``(a) Allowance of Credit.--If-- ``(1) tax has been imposed under section 4056 on any carryout bag, ``(2) a retailer provides such bag to a customer in a point of sale transaction, ``(3) in the case of a carryout bag made of paper, such paper consists of not less than 40 percent post-consumer recycled content, ``(4) such retailer has in effect at the time of such transaction a qualified plastic carryout bag recycling program, and ``(5) such retailer has kept and can produce records for purposes of this section and section 4056 that include the total number of carryout bags purchased and the amounts passed through to the customer for such bags pursuant to section 4056(e), the Secretary shall pay (without interest) to such retailer an amount equal to the applicable amount for each such bag used by the retailer in connection with a point of sale transaction. ``(b) Applicable Amount.--For purposes of subsection (a), the applicable amount is $0.04. ``(c) Qualified Plastic Carryout Bag Recycling Program.--For purposes of this section-- ``(1) In general.--The term `qualified plastic carryout bag recycling program' means a recycling program under which the retailer-- ``(A) to the extent the retailer provides carryout bags (as defined in section 4056) made of plastic to customers-- ``(i) passes through the tax imposed by section 4056 and tracks the total number of bags purchased and amount of tax passed through pursuant to section 6433(a), ``(ii) has printed or displayed on each such bag, in a manner clearly visible to a customer, the words `PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING', ``(iii) uses bags that are 100-percent recyclable, and ``(iv) uses bags that are made of high- density polyethylene film marked with the SPI resin identification code 2 or low-density polyethylene film marked with the SPI resin identification code 4, ``(B) places at each place of business at which retail operations are conducted one or more plastic carryout bag collection bins which are visible, easily accessible to the customer, and clearly marked as being for the purpose of collecting and recycling plastic carryout bags, ``(C) recycles the plastic carryout bags collected pursuant to subparagraph (B), ``(D) maintains for not less than 3 years records (which shall be available to the Secretary) describing the collection, transport, and recycling of plastic carryout bags collected, ``(E) makes available to customers within the retail establishment reusable bags (as defined in section 4056(c)(2)) which may be purchased and used in lieu of using a single-use carryout bag, and ``(F) meets the definition of section 4056(d)(3). ``(2) Recycling program.--The term `recycling program' means a program that processes used materials or waste materials into new products to prevent waste of potentially useful materials; reduce raw materials consumption; reduce energy usage; reduce air, water, or other pollution; or reduce the need for disposal.''. (c) Establishment of Trust Fund.--Subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end the following: ``SEC. 9512. CARRYOUT BAG TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Carryout Bag Trust Fund' (referred to in this section as the `Trust Fund'), consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There is hereby appropriated to the Trust Fund an amount equivalent to the amounts received in the Treasury pursuant to section 4056. ``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund shall be available, as provided by appropriation Acts, for making payments under section 6433. ``(d) Transfer to Land and Water Conservation Fund.-- ``(1) In general.--The Secretary shall pay from time to time from the Trust Fund into the Land and Water Conservation Fund provided for in title I of the Land and Water Conservation Fund Act of 1965 amounts (as determined by the Secretary) equivalent to the aggregate of the transactions on which tax is imposed under section 4056 aggregate amounts determined on the basis of $0.06. ``(2) Special rule regarding amounts transferred.--Amounts transferred to the Land and Water Conservation Fund under paragraph (1) shall not be taken into account for purposes of determining amounts to be appropriated or credited to the fund under section 2(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5(c)).''. (d) Study.--Not later than December 31, 2017, the Comptroller General of the United States shall conduct a study on the effectiveness of the provisions of this Act at reducing the use of carryout bags and encouraging recycling of such bags. The report shall address-- (1) measures that the Comptroller General determines may increase the effectiveness of such provisions, including the amount of tax imposed on each carryout bag, and (2) any effects, both positive and negative, on any United States businesses. The Comptroller General shall submit a report of such study to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (e) Clerical Amendments.-- (1) The table of subchapters for chapter 31 of such Code is amended by inserting after the item relating to subchapter C the following new item: ``Subchapter D. Carryout bags.''. (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6433. Qualified plastic carryout bag recycling program.''. (3) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Carryout bag trust fund.''. (f) Effective Date.--The amendments made by this section shall take effect on July 1, 2016.

Trash Reduction Act of 2015 This bill amends the Internal Revenue Code to require retailers to pay a $0.10 excise tax on each carryout bag provided to a consumer. A "carryout bag" means a bag of any material, commonly plastic or kraft paper, which is provided to a consumer at the point of sale to carry or cover purchases, merchandise, or other items. Reusable bags and certain other bags used for specified purposes are exempt from such tax. The bill allows retailers who establish a qualified plastic carryout bag recycling program a rebate for each recyclable bag used by the retailer. The bill establishes the Carryout Bag Trust Fund to hold tax revenues generated by this Act and directs the Department of the Treasury to make payments from such Trust Fund for the qualified plastic carryout bag recycling program and to the Land and Water Conservation Fund established by the Land and Water Conservation Fund Act of 1965. The Government Accountability Office must study and report to Congress on the effectiveness of this Act in reducing the use of carryout bags and encouraging recycling of such bags.

Trash Reduction Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Pay Raise Act of 2001''. SEC. 2. FISCAL YEAR 2002 INCREASE IN MILITARY BASIC PAY. (a) Increase in Basic Pay.--Effective on January 1, 2002, the rates of monthly basic pay for members of the uniformed services are increased by the percentage specified in the following table for the pay grade and years of service indicated: COMMISSIONED OFFICERS Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ O-10............ 7.3% 7.3% 7.3% 7.3% 7.3% O-9............. 7.3% 7.3% 7.3% 7.3% 7.3% O-8............. 7.3% 7.3% 7.3% 7.3% 7.3% O-7............. 7.3% 7.3% 7.3% 7.3% 7.3% O-6............. 7.3% 7.3% 7.3% 7.3% 7.3% O-5............. 7.3% 7.3% 7.3% 7.3% 7.3% O-4............. 9.0% 9.0% 9.0% 9.0% 9.0% O-3............. 8.3% 8.3% 8.3% 8.3% 8.3% O-2............. 7.3% 7.3% 7.3% 7.3% 7.3% O-1............. 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------- Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------- O-10............ 7.3% 7.3% 7.3% 7.3% 7.3% O-9............. 7.3% 7.3% 7.3% 7.3% 7.3% O-8............. 7.3% 7.3% 7.3% 7.3% 7.3% O-7............. 7.3% 7.3% 7.3% 7.3% 7.3% O-6............. 7.3% 7.3% 7.3% 7.3% 7.3% O-5............. 7.3% 7.3% 7.3% 7.3% 7.3% O-4............. 9.0% 9.0% 9.0% 9.0% 9.0% O-3............. 8.3% 8.3% 8.3% 8.3% 8.3% O-2............. 7.3% 7.3% 7.3% 7.3% 7.3% O-1............. 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------- Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------- O-10............ 7.3% 7.3% 7.3% 7.3% 7.3% O-9............. 7.3% 7.3% 7.3% 7.3% 7.3% O-8............. 7.3% 7.3% 7.3% 7.3% 7.3% O-7............. 7.3% 7.3% 7.3% 7.3% 7.3% O-6............. 7.3% 7.3% 7.3% 7.3% 7.3% O-5............. 7.3% 7.3% 7.3% 7.3% 7.3% O-4............. 9.0% 9.0% 9.0% 9.0% 9.0% O-3............. 8.3% 8.3% 8.3% 8.3% 8.3% O-2............. 7.3% 7.3% 7.3% 7.3% 7.3% O-1............. 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------------------------ COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ O-3E............ 8.3% 8.3% 8.3% 8.3% 8.3% O-2E............ 7.3% 7.3% 7.3% 7.3% 7.3% O-1E............ 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------- Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------- O-3E............ 8.3% 8.3% 8.3% 8.3% 8.3% O-2E............ 7.3% 7.3% 7.3% 7.3% 7.3% O-1E............ 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------- Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------- O-3E............ 8.3% 8.3% 8.3% 8.3% 8.3% O-2E............ 7.3% 7.3% 7.3% 7.3% 7.3% O-1E............ 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------------------------ WARRANT OFFICERS Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ W-5.............. 7.5% 7.5% 7.5% 7.5% 7.5% W-4.............. 7.5% 7.5% 7.5% 7.5% 7.5% W-3.............. 8% 8% 8% 8% 8% W-2.............. 8.5% 8.5% 8.5% 8.5% 8.5% W-1.............. 8.5% 8.5% 8.5% 8.5% 8.5% ------------------------------------------------------ Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------ W-5.............. 7.5% 7.5% 7.5% 7.5% 7.5% W-4.............. 7.5% 7.5% 7.5% 7.5% 7.5% W-3.............. 8% 8% 8% 8% 8% W-2.............. 8.5% 8.5% 8.5% 8.5% 8.5% W-1.............. 8.5% 8.5% 8.5% 8.5% 8.5% ------------------------------------------------------ Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------ W-5.............. 7.5% 7.5% 7.5% 7.5% 7.5% W-4.............. 7.5% 7.5% 7.5% 7.5% 7.5% W-3.............. 8% 8% 8% 8% 8% W-2.............. 8.5% 8.5% 8.5% 8.5% 8.5% W-1.............. 8.5% 8.5% 8.5% 8.5% 8.5% ------------------------------------------------------------------------ ENLISTED MEMBERS Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ E-9.............. 10.5% 10.5% 10.5% 10.5% 10.5% E-8.............. 10.0% 10.0% 10.0% 10.0% 10.0% E-7.............. 9.5% 9.5% 9.5% 9.5% 9.5% E-6.............. 8.5% 8.5% 8.5% 8.5% 8.5% E-5.............. 8.5% 8.5% 8.5% 8.5% 8.5% E-4.............. 7.5% 7.5% 7.5% 7.5% 7.5% E-3.............. 7.3% 7.3% 7.3% 7.3% 7.3% E-2.............. 7.3% 7.3% 7.3% 7.3% 7.3% E-1.............. 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------ Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------ E-9.............. 10.5% 10.5% 10.5% 10.5% 10.5% E-8.............. 10.0% 10.0% 10.0% 10.0% 10.0% E-7.............. 9.5% 9.5% 9.5% 9.5% 9.5% E-6.............. 8.5% 8.5% 8.5% 8.5% 8.5% E-5.............. 8.5% 8.5% 8.5% 8.5% 8.5% E-4.............. 7.5% 7.5% 7.5% 7.5% 7.5% E-3.............. 7.3% 7.3% 7.3% 7.3% 7.3% E-2.............. 7.3% 7.3% 7.3% 7.3% 7.3% E-1.............. 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------ Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------ E-9.............. 10.5% 10.5% 10.5% 10.5% 10.5% E-8.............. 10.0% 10.0% 10.0% 10.0% 10.0% E-7.............. 9.5% 9.5% 9.5% 9.5% 9.5% E-6.............. 8.5% 8.5% 8.5% 8.5% 8.5% E-5.............. 8.5% 8.5% 8.5% 8.5% 8.5% E-4.............. 7.5% 7.5% 7.5% 7.5% 7.5% E-3.............. 7.3% 7.3% 7.3% 7.3% 7.3% E-2.............. 7.3% 7.3% 7.3% 7.3% 7.3% E-1.............. 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------------------------ (b) Waiver of Section 1009 Adjustment.--The adjustment to become effective during fiscal year 2002 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

Military Pay Raise Act of 2001 - Increases, as of January 1, 2002, the rates of basic pay for military personnel by a percentage increase of 7.3 to 10.5 percent based upon the member's pay grade and years of service, with the highest percentage increase for grade E-9 enlisted personnel. Waives during FY 2002 any required adjustment in such rates in conformance with any adjustment in the General Schedule of compensation for Federal classified employees.

To increase the rates of military basic pay for members of the uniformed services by providing a percentage increase of between 7.3 percent and 10.5 percent based on the members' pay grade and years of service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park System Reform Act of 1994''. TITLE I--NATIONAL PARK SYSTEM PLAN SEC. 101. PREPARATION OF NATIONAL PARK SYSTEM PLAN. (a) Preparation of Plan.--The Secretary of the Interior (hereinafter in this Act referred to as the ``Secretary''), acting through the Director of the National Park Service, shall prepare a National Park System Plan (hereinafter in this Act referred to as the ``plan'') to guide the direction of the National Park System into the next century. The plan shall include each of the following: (1) A statement of goals and objectives for use in defining the mission and role of the National Park Service in preserving our national natural and cultural heritage, relative to other efforts at the Federal, State, local, and private levels. (2) Detailed criteria to be used in determining which natural and cultural resources are appropriate for inclusion as units of the National Park System. (3) Identification of what constitutes adequate representation of a particular resource type and which aspects of the national heritage are adequately represented in the existing National Park System or in other protected areas. (4) Identification of appropriate aspects of the national heritage not currently represented in the National Park System. (5) Priorities of the themes and types of resources which should be added to the National Park System in order to provide more complete representation of our Nation's heritage. (6) A statement of the role of the National Park Service with respect to such topics as preservation of natural areas and ecosystems, preservation of industrial America, preservation of nonphysical cultural resources, and provision of outdoor recreation opportunities. (7) A statement of what areas constitute units of the National Park System and the distinction between units of the system, affiliated areas, and other areas within the system. (b) Consultation.--During the preparation of the plan under subsection (a), the Secretary shall consult with other Federal land managing agencies, State and local officials, the National Park System Advisory Board, resource management, recreation and scholarly organizations and other interested parties as the Secretary deems advisable. These consultations shall also include appropriate opportunities for public review and comment. (c) Transmittal to Congress.--Prior to the end of the third complete fiscal year commencing after the date of enactment of this Act, the Secretary shall transmit the plan developed under this section to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. SEC. 102. MANAGEMENT REVIEW OF NATIONAL PARK SYSTEM. (a) Review.--(1) Using the National Park System Plan prepared pursuant to section 101 as a guide, the Secretary shall review the existing National Park System to determine whether there are more appropriate alternatives for managing specific units or portions of units within the system, including partnerships or direct management by States, local governments, other agencies and the private sector. The Secretary shall develop a report which contains a list of areas within the National Park System where National Park Service management should be modified or terminated. (2) In developing the list under paragraph (1), the Secretary shall consider such factors as duplication within the National Park System, better representation of a particular resource type under management of another entity, lack of significance, lack of management feasibility, cost, lack of visitor accessibility, modifications that change the character of the resource, lack of collaboration to protect resources, suitability for management by another agency, and the compatibility of the resource with the present mission and role of the National Park Service. (3) For any areas for which termination of National Park Service management is recommended, the Secretary shall make recommendations regarding management by an entity or entities other than the National Park Service. For any area determined to have national significance, prior to including such area on the list under paragraph (1) the Secretary shall identify feasible alternatives to National Park Service management which will protect the resources thereof and assure continued public access thereto. (b) Consultation.--In developing the list referred to in subsection (a), the Secretary shall consult with other Federal land managing agencies, State and local officials, the National Park System Advisory Board, resource management, recreation and scholarly organizations and other interested parties as the Secretary deems advisable. These consultations shall also include appropriate opportunities for public review and comment. (c) Transmittal to Congress.--Not later than 1 year after the Secretary completes the plan referred to in section 101 of this Act, the Secretary shall transmit the report developed under this section simultaneously to the Natural Resources Committee of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall contain the recommendations of the Secretary concerning modifications or termination of National Park Service management for any areas within the National Park System and the recommendations regarding alternative management by an entity or entities other than the National Park Service. SEC. 103. NATIONAL PARK SYSTEM REVIEW COMMISSION. (a) Establishment of Commission.--If the Secretary fails to transmit the report developed under section 102 within the 1-year period specified in section 102, a National Park System Review Commission shall be established to review existing National Park System units to determine whether there are more appropriate alternatives for managing specific units or portions thereof. Within one year after the date of its establishment, the Commission shall prepare and transmit to the Natural Resources Committee of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate a report containing a list of National Park System units or portions thereof where National Park Service management should be modified or terminated. In developing the list, the Commission shall consider the factors referred to in section 102(a)(2). For any listed areas, the Commission shall suggest alternative management by an entity or entities other than the National Park Service, and for any area determined to have national significance, prior to including such area on the list the Commission shall identify feasible alternatives to National Park Service management which will protect the resources of the area and assure continued public access to thereto. In developing the list, the Commission shall consult with other Federal land managing agencies, State and local officials, the National Park System Advisory Board, resource management, recreation and scholarly organizations and other interested parties as the Secretary deems advisable. These consultations shall also include appropriate opportunities for public review and comment. (b) Membership and Appointment.--The Commission shall consist of 7 members each of whom shall have substantial familiarity with, and understanding of, the National Park System. Three members of the Commission, one of whom shall be the Director of the National Park Service, shall be appointed by the Secretary. Two members shall be appointed by the Speaker of the United States House of Representatives and two shall be appointed by the President Pro Tem of the United States Senate. Each member shall be appointed within 3 months after the expiration of the 1-year period specified in section 102(c). (c) Chair.--The Commission shall elect a chair from among its members. (d) Vacancies.--Vacancies occurring on the Commission shall not affect the authority of the remaining members of the Commission to carry out the functions of the Commission. Any vacancy in the Commission shall be promptly filled in the same manner in which the original appointment was made. (e) Quorum.--A simple majority of Commission members shall constitute a quorum. (f) Meetings.--The Commission shall meet at least quarterly or upon the call of the chair or a majority of the members of the Commission. (g) Compensation.--Members of the Commission shall serve without compensation as such. Members of the Commission, when engaged in official Commission business, shall be entitled to travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in government service under section 5703 of title 5, United States Code. (h) Termination.--The Commission established pursuant to this section shall terminate 90 days after the transmittal of the report to Congress as provided in subsection (a). (i) Limitation on National Park Service Staff.--The Commission may hire staff to carry out its assigned responsibilities. Not more than one-half of the professional staff of the Commission shall be made up of current employees of the National Park Service. (j) Staff of Other Agencies.--Upon the request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission. (k) Experts and Consultants.--Subject to such rules as may be adopted by the Commission, the Commission may procure temporary and intermittent services to the same extent as authorized by section 3109(b) of title 5, United States Code, but at rates determined by the Commission to be advisable. (l) Powers of the Commission.--(1) The Commission shall for the purpose of carrying out this title hold such public hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission deems advisable. (2) The Commission may make such bylaws, rules, and regulations, consistent with this title, as it considers necessary to carry out its functions under this title. (3) When so authorized by the Commission any member or agent of the Commission may take any action which the Commission is authorized to take by this section. (4) The Commission may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States. (5) The Secretary shall provide to the Commission any information available to the Secretary and requested by the Commission regarding the plan referred to in section 101 and any other information requested by the Commission which is relevant to the duties of the Commission and available to the Secretary. TITLE II--NEW AREA ESTABLISHMENT SEC. 201. STUDY OF NEW PARK SYSTEM AREAS. Section 8 of the Act of August 18, 1970, entitled ``An Act to improve the administration of the national park system by the Secretary of the Interior, and to clarify the authorities applicable to the system, and for other purposes'' (16 U.S.C. 1a-1 and following) is amended as follows: (1) By inserting ``General Authority.--'' after ``(a)''. (2) By striking the second through the seventh sentences of subsection (a). (3) By redesignating the last sentence of subsection (a) as subsection (e) and inserting in such sentence before the words ``For the purposes of carrying'' the following: ``(e) Authorization of Appropriations.--''. (4) By striking subsection (b). (5) By inserting the following after subsection (a): ``(b) Studies of Areas for Potential Addition.--(1) At the beginning of each calendar year, along with the annual budget submission, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate a list of areas recommended for study for potential inclusion in the National Park System. ``(2) In developing the list to be submitted under this subsection, the Secretary shall give consideration to those areas that have the greatest potential to meet the established criteria of national significance, suitability, and feasibility. The Secretary shall give special consideration to themes, sites, and resources not already adequately represented in the National Park System as identified in the National Park System Plan to be developed under section 101 of the National Park System Reform Act of 1994. No study of the potential of an area for inclusion in the National Park System may be initiated after the date of enactment of this section, except as provided by specific authorization of an Act of Congress. Nothing in this Act shall limit the authority of the National Park Service to conduct preliminary resource assessments, gather data on potential study areas, provide technical and planning assistance, prepare or process nominations for administrative designations, update previous studies, or complete reconnaissance surveys of individual areas requiring a total expenditure of less than $25,000. Nothing in this section shall be construed to apply to or to affect or alter the study of any river segment for potential addition to the national wild and scenic rivers system or to apply to or to affect or alter the study of any trail for potential addition to the national trails system. ``(c) Report.--The Secretary shall complete the study for each area for potential inclusion into the National Park System within 3 complete fiscal years following the date of enactment of specific legislation providing for the study of such area. Each study under this section shall be prepared with appropriate opportunity for public involvement, including at least one public meeting in the vicinity of the area under study, and reasonable efforts to notify potentially affected landowners and State and local governments. In conducting the study, the Secretary shall consider whether the area under study-- ``(1) possesses nationally significant natural or cultural resources, or outstanding recreational opportunities, and that it represents one of the most important examples of a particular resource type in the country; and ``(2) is a suitable and feasible addition to the system. Each study shall consider the following factors with regard to the area being studied: the rarity and integrity of the resources, the threats to those resources, whether similar resources are already protected in the National Park System or in other Federal, state or private ownership, the public use potential, the interpretive and educational potential, costs associated with acquisition, development and operation, the socioeconomic impacts of any designation, the level of local and general public support and whether the unit is of appropriate configuration to ensure long term resource protection and visitor use. Each such study shall also consider whether direct National Park Service management or alternative protection by other agencies or the private sector is appropriate for the area. Each such study shall identify what alternative or combination of alternatives would in the professional judgment of the Director of the National Park Service, be most effective and efficient in protecting significant resources and providing for public enjoyment. The letter transmitting each completed study to Congress shall contain a recommendation regarding the Administration's preferred management option for the area. ``(d) List of Areas.--At the beginning of each calendar year, along with the annual budget submission, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate a list of areas which have been previously studied which contain primarily cultural or historical resources and a list of areas which have been previously studied which contain primarily natural resources in numerical order of priority for addition to the National Park System. In developing the list, the Secretary should consider threats to resource values, cost escalation factors and other factors listed in subsection (c) of this section.''. Passed the House of Representatives September 28, 1994. Attest: DONNALD K. ANDERSON, Clerk.

TABLE OF CONTENTS: Title I: National Park System Plan Title II: New Area Establishment National Park System Reform Act of 1994 - Title I: National Park System Plan - Requires the Secretary of the Interior, acting through the Director of the National Park Service, to prepare and submit to specified congressional committees a National Park System Plan to guide the direction of the System into the next century. Directs the Secretary to review the existing System to determine whether there are more appropriate alternatives for managing specific units within the System and to develop a report containing a list of areas where National Park Service management should be modified or terminated. Establishes a National Park System Review Commission to make and report such determinations if the Secretary fails to transmit the report within a specified time period. Title II: New Area Establishment - Removes certain reporting requirements concerning additional areas for the National Park System. Directs the Secretary to submit an annual list of areas recommended for study for potential inclusion in the System to specified congressional committees. Bars the initiation of any study of the potential of an area for inclusion in the System after this Act's enactment, except by specific authorization by an Act of the Congress. Requires studies to be completed within three fiscal years of the enactment date of legislation providing for study. Directs the Secretary to submit an annual list of areas which have been studied previously which contain primarily cultural or historical resources and areas which contain primarily natural resources in numerical order of priority for addition to the System.

National Park System Reform Act of 1994

SECTION 1. EXTENSION OF BONUS DEPRECIATION. (a) In General.--Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``January 1, 2016'' in subparagraph (A)(iv) and inserting ``January 1, 2018'', and (2) by striking ``January 1, 2015'' each place it appears and inserting ``January 1, 2017''. (b) Special Rule for Federal Long-Term Contracts.--Clause (ii) of section 460(c)(6)(B) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2015 (January 1, 2016'' and inserting ``January 1, 2017 (January 1, 2018''. (c) Conforming Amendments.-- (1) The heading for subsection (k) of section 168 of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2015'' and inserting ``January 1, 2017''. (2) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking ``Pre-january 1, 2015'' and inserting ``Pre-january 1, 2017''. (3) Section 168(k)(4)(D)(iii)(II) of such Code is amended by striking ``January 1, 2015'' and inserting ``January 1, 2017''. (4) Section 168(l)(4) of such Code is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) by substituting `January 1, 2015' for `January 1, 2017' in clause (i) thereof, and''. (5) Clause (ii) of section 168(n)(2)(C) of such Code is amended by striking ``January 1, 2015'' and inserting ``January 1, 2017''. (6) Subparagraph (D) of section 1400L(b)(2) of such Code is amended by striking ``January 1, 2015'' and inserting ``January 1, 2017''. (7) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking ``January 1, 2015'' and inserting ``January 1, 2017''. (d) Election To Accelerate the AMT Credit in Lieu of Bonus Depreciation.--Paragraph (4) of section 168(k) of such Code is amended by adding at the end the following new subparagraph: ``(L) Special rules for round 5 extension property.-- ``(i) In general.--In the case of any round 5 extension property, in applying this paragraph to any taxpayer, the limitation described in subparagraph (B)(i) and the business credit increase amount under subparagraph (E)(iii) thereof shall not apply, and the bonus depreciation amount, maximum amount, and maximum increase amount-- ``(I) shall be computed separately from amounts computed with respect to eligible qualified property which is not round 5 extension property, and ``(II) shall be computed separately with respect to round 5 extension property placed in service before January 1, 2016 (January 1, 2017, in the case of property described in subparagraph (B) or (C) of paragraph (2)) and with respect to other round 5 extension property. ``(ii) Election.-- ``(I) A taxpayer who has an election in effect under this paragraph for round 4 extension property shall be treated as having an election in effect for round 5 extension property unless the taxpayer elects to not have this paragraph apply to round 5 extension property. ``(II) A taxpayer who does not have an election in effect under this paragraph for round 4 extension property may elect to have this paragraph apply to round 5 extension property. ``(iii) Round 5 extension property.--For purposes of this subparagraph, the term `round 5 extension property' means property which is eligible qualified property solely by reason of the extension of the application of the special allowance under paragraph (1) pursuant to the amendments made by section 1 of the Act entitled `an Act to amend the Internal Revenue Code of 1986 to increase the limitation on the election to accelerate the AMT credit in lieu of bonus depreciation for 2015 and 2016, and for other purposes' (and the application of such extension to this paragraph pursuant to the amendment made by section 1(d) of such Act). ``(iv) Special maximum increase amount.--In the case of round 5 extension property placed in service by a corporation, subparagraph (C)(iii) shall not apply and the term `maximum increase amount' shall mean an amount equal to the lesser of-- ``(I) 50 percent of the minimum tax credit under section 53(b) for the first taxable year ending after December 31, 2014, or ``(II) the minimum tax credit under section 53(b) for such taxable year determined by taking into account only the adjusted net minimum tax for taxable years ending before January 1, 2015 (determined by treating credits as allowed on a first-in, first-out basis).''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014, in taxable years ending after such date.

Amends the Internal Revenue Code to: (1) extend through 2016 the special depreciation allowance for business assets (bonus depreciation), and (2) increase the limitation on the election to accelerate the alternative minimum tax credit in lieu of bonus depreciation for 2015 and 2016.

A bill to amend the Internal Revenue Code of 1986 to increase the limitation on the election to accelerate the AMT credit in lieu of bonus depreciation for 2015 and 2016, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Law Enforcement Act of 2006''. TITLE I--STATE AND LOCAL LAW ENFORCEMENT COOPERATION IN THE ENFORCEMENT OF IMMIGRATION LAW ACT SEC. 101. FEDERAL AFFIRMATION OF ASSISTANCE IN IMMIGRATION LAW ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF STATES. (a) In General.--Notwithstanding any other provision of law and reaffirming the existing inherent authority of States, law enforcement personnel of a State or a political subdivision of a State have the inherent authority of a sovereign entity to investigate, identify, apprehend, arrest, detain, or transfer to Federal custody aliens in the United States (including the transportation of such aliens across State lines to detention centers), for the purposes of assisting in the enforcement of the immigration laws of the United States in the course of carrying out routine duties. This State authority has never been displaced or preempted by Congress. (b) Construction.--Nothing in this section may be construed to require law enforcement personnel of a State or political subdivision of a State to-- (1) report the identity of a victim of, or a witness to, a criminal offense to the Secretary of Homeland Security for immigration enforcement purposes; or (2) arrest such victim or witness for a violation of the immigration laws of the United States. TITLE II--ALIEN SMUGGLER PROSECUTION ACT SEC. 201. EFFECTIVE PROSECUTION OF ALIEN SMUGGLERS. (a) Findings.--The Congress finds as follows: (1) Recent experience shows that alien smuggling is flourishing, is increasingly violent, and is highly profitable. (2) Alien smuggling operations also present terrorist and criminal organizations with opportunities for smuggling their members into the United States practically at will. (3) Alien smuggling is a lucrative business. Each year, criminal organizations that smuggle or traffic in persons are estimated to generate $9,500,000,000 in revenue worldwide. (4) Alien smuggling frequently involves dangerous and inhumane conditions for smuggled aliens. Migrants are frequently abused or exploited, both during their journey and upon reaching the United States. Consequently, aliens smuggled into the United States are at significant risk of physical injury, abuse, and death. (5) Notwithstanding that alien smuggling poses a risk to the United States as a whole, uniform guidelines for the prosecution of smuggling offenses are not employed by the various United States attorneys. Understanding that border-area United States attorneys face an overwhelming workload, a lack of sufficient prosecutions by certain United States attorneys has encouraged additional smuggling, and demoralized Border Patrol officers charged with enforcing our anti-smuggling laws. (b) Sense of Congress.--It is the sense of the Congress that the Attorney General should adopt, not later than 3 months after the date of the enactment of this Act, uniform guidelines for the prosecution of smuggling offenses to be followed by each United States attorney in the United States. (c) Additional Personnel.--In each of the fiscal years 2008 through 2013, the Attorney General shall, subject to the availability of appropriations, increase by not less than 20 the number of attorneys in the offices of United States attorneys employed to prosecute cases under section 274 of the Immigration and Nationality Act (8 U.S.C. 1324), as compared to the previous fiscal year. TITLE III--ENDING CATCH AND RELEASE ACT OF 2006 SEC. 301. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION. (a) Requirements for an Order Granting Prospective Relief Against the Government.-- (1) In general.--If a court determines that prospective relief should be ordered against the Government in any civil action pertaining to the administration or enforcement of the immigration laws of the United States, the court shall-- (A) limit the relief to the minimum necessary to correct the violation of law; (B) adopt the least intrusive means to correct the violation of law; (C) minimize, to the greatest extent practicable, the adverse impact on national security, border security, immigration administration and enforcement, and public safety; and (D) provide for the expiration of the relief on a specific date, which is not later than the earliest date necessary for the Government to remedy the violation. (2) Written explanation.--The requirements described in paragraph (1) shall be discussed and explained in writing in the order granting prospective relief and must be sufficiently detailed to allow review by another court. (3) Expiration of preliminary injunctive relief.-- Preliminary injunctive relief shall automatically expire on the date that is 90 days after the date on which such relief is entered, unless the court-- (A) makes the findings required under paragraph (1) for the entry of permanent prospective relief; and (B) makes the order final before expiration of such 90-day period. (4) Requirements for order denying motion.--This subsection shall apply to any order denying the Government's motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States. (b) Procedure for Motion Affecting Order Granting Prospective Relief Against the Government.-- (1) In general.--A court shall promptly rule on the Government's motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States. (2) Automatic stays.-- (A) In general.--The Government's motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief made in any civil action pertaining to the administration or enforcement of the immigration laws of the United States shall automatically, and without further order of the court, stay the order granting prospective relief on the date that is 15 days after the date on which such motion is filed unless the court previously has granted or denied the Government's motion. (B) Duration of automatic stay.--An automatic stay under subparagraph (A) shall continue until the court enters an order granting or denying the Government's motion. (C) Postponement.--The court, for good cause, may postpone an automatic stay under subparagraph (A) for not longer than 15 days. (D) Orders blocking automatic stays.--Any order staying, suspending, delaying, or otherwise barring the effective date of the automatic stay described in subparagraph (A), other than an order to postpone the effective date of the automatic stay for not longer than 15 days under subparagraph (C), shall be-- (i) treated as an order refusing to vacate, modify, dissolve or otherwise terminate an injunction; and (ii) immediately appealable under section 1292(a)(1) of title 28, United States Code. (c) Settlements.-- (1) Consent decrees.--In any civil action pertaining to the administration or enforcement of the immigration laws of the United States, the court may not enter, approve, or continue a consent decree that does not comply with subsection (a). (2) Private settlement agreements.--Nothing in this section shall preclude parties from entering into a private settlement agreement that does not comply with subsection (a) if the terms of that agreement are not subject to court enforcement other than reinstatement of the civil proceedings that the agreement settled. (d) Expedited Proceedings.--It shall be the duty of every court to advance on the docket and to expedite the disposition of any civil action or motion considered under this section. (e) Definitions.--In this section: (1) Consent decree.--The term ``consent decree''-- (A) means any relief entered by the court that is based in whole or in part on the consent or acquiescence of the parties; and (B) does not include private settlements. (2) Good cause.--The term ``good cause'' does not include discovery or congestion of the court's calendar. (3) Government.--The term ``Government'' means the United States, any Federal department or agency, or any Federal agent or official acting within the scope of official duties. (4) Permanent relief.--The term ``permanent relief'' means relief issued in connection with a final decision of a court. (5) Private settlement agreement.--The term ``private settlement agreement'' means an agreement entered into among the parties that is not subject to judicial enforcement other than the reinstatement of the civil action that the agreement settled. (6) Prospective relief.--The term ``prospective relief'' means temporary, preliminary, or permanent relief other than compensatory monetary damages. SEC. 302. EFFECTIVE DATE. (a) In General.--This title shall apply with respect to all orders granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States, whether such relief was ordered before, on, or after the date of the enactment of this Act. (b) Pending Motions.--Every motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief in any such action, which motion is pending on the date of the enactment of this Act, shall be treated as if it had been filed on such date of enactment. (c) Automatic Stay for Pending Motions.-- (1) In general.--An automatic stay with respect to the prospective relief that is the subject of a motion described in subsection (b) shall take effect without further order of the court on the date which is 10 days after the date of the enactment of this Act if the motion-- (A) was pending for 45 days as of the date of the enactment of this Act; and (B) is still pending on the date which is 10 days after such date of enactment. (2) Duration of automatic stay.--An automatic stay that takes effect under paragraph (1) shall continue until the court enters an order granting or denying the Government's motion under section 301(b). There shall be no further postponement of the automatic stay with respect to any such pending motion under section 301(b)(2). Any order, staying, suspending, delaying or otherwise barring the effective date of this automatic stay with respect to pending motions described in subsection (b) shall be an order blocking an automatic stay subject to immediate appeal under section 301(b)(2)(D). Passed the House of Representatives September 21, 2006. Attest: KAREN L. HAAS, Clerk.

Immigration Law Enforcement Act of 2006 - Title I: State and Local Enforcement Cooperation in the Enforcement of Immigration Law Act - (Sec. 101) Affirms that state and local law enforcement personnel have the inherent authority to investigate, identify, arrest, detain, or transfer to federal custody aliens in the United States (including the transportation of such aliens across state lines to detention centers) for purposes of assisting in the enforcement of U.S. immigration laws in the course of carrying out routine duties. States that such provision shall not be construed to require state or local law enforcement personnel to: (1) report the identity of a victim of, or a witness to, a criminal offense to the Secretary of Homeland Security for immigration enforcement purposes; or (2) arrest such victim or witness for an immigration violation. Title II: Alien Smuggler Prosecution Act - (Sec. 201) Expresses the sense of Congress that the Attorney General should adopt uniform guidelines for the prosecution of smuggling offenses. Directs the Attorney General, subject to the availability of appropriations, to increase the number of U.S. attorneys employed to prosecute alien smuggling cases by at least 20 in each of FY2008-FY2013. Title III: Ending Catch and Release Act of 2006 - (Sec. 301) States that if a court determines that prospective relief should be ordered against the government in any civil immigration action the court shall in writing and in sufficient detail to permit review by another court: (1) limit the relief to the minimum necessary to correct the violation; (2) adopt the least intrusive means to correct the violation; (3) minimize, to the greatest extent practicable, the adverse impact on national security, border security, immigration administration and enforcement, and public safety; and (4) provide for relief expiration on a specific date which is not later than the earliest date necessary for the government to remedy the violation. Provides that preliminary injunctive relief shall expire 90 days after entry unless the court: (1) makes the findings required for the entry of permanent prospective relief; and (2) makes the order final before expiration of such 90-day period. Requires a court to promptly rule on any government motion to vacate, modify, or otherwise terminate a prospective relief order in a civil immigration action. Provides for an automatic 15-day stay of the prospective relief order. Authorizes a court to enter an order to postpone an automatic stay's effective date for up to 15 days. Provides that any order staying, suspending, delaying, or otherwise barring an automatic stay's effective date, other than an order to postpone the effective date for up to 15 days, shall be treated as an order refusing to vacate, modify, or otherwise terminate an injunction and shall be appealable. Prohibits a court in a civil immigration action from entering, approving, or continuing a consent decree that does not comply with the prospective relief requirements under this section. Permits private settlement agreements not complying with the requirements for an order granting prospective relief against the government if the terms of the agreement are not subject to court enforcement other than reinstatement of the civil proceedings that the agreement settled. (Sec. 302) States that: (1) this title shall apply with respect to all orders granting prospective relief in any civil immigration action whether such relief was ordered before, on, or after the date of enactment of this Act; and (2) every pending motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief pending on the date of enactment of this Act shall be treated as if it had been filed on such date of enactment. States that: (1) an automatic stay of prospective relief shall take effect without further order of the court ten days after the date of the enactment of this Act if the motion was pending for 45 days as of the date of the enactment of this Act and is still pending ten days after such date of enactment; (2) such automatic stay shall continue until the court enters an order granting or denying the government's motion, with no further postponement; and (3) any order, staying, suspending, delaying or otherwise barring the effective date of such automatic stay shall be subject to immediate appeal.

To affirm the inherent authority of State and local law enforcement to assist in the enforcement of immigration laws, to provide for effective prosecution of alien smugglers, and to reform immigration litigation procedures.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Robert Matava Exploitation Protection for Elder Adults Act of 2012''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--FEDERAL PROSECUTION OF ABUSE AND EXPLOITATION DIRECTED AT ELDERS Sec. 101. Enhanced penalty for telemarketing and email-marketing fraud directed at elders. Sec. 102. Data collection. TITLE II--COORDINATION OF CIVIL PROTECTIONS AND CRIMINAL PROSECUTION AS IT RELATES TO ELDER JUSTICE Sec. 201. Model States laws and practices. Sec. 202. Civil protection and criminal prosecution. TITLE III--INTERSTATE INITIATIVES Sec. 301. Interstate agreements and compacts. Sec. 302. Recommendations on interstate communication. TITLE IV--GAO REPORT Sec. 401. GAO report to assess cost of elder abuse on Federal programs. SEC. 2. DEFINITIONS. (a) In General.--In this Act-- (1) the terms ``abuse'', ``elder'', ``elder justice'', ``exploitation'', and ``neglect'' have the meanings given those terms in section 2011 of the Social Security Act (42 U.S.C. 1397j); (2) the term ``adult protective services''-- (A) means such services provided to adults as specified in Federal, State, or local law pertaining to adult protective services; and (B) includes services such as-- (i) receiving reports of adult abuse, neglect, or exploitation; (ii) investigating the reports described in clause (i); (iii) case planning, monitoring, evaluation, and other case work and services; and (iv) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective emergency, or support services; (3) the term ``caregiver''-- (A) means an individual who has the responsibility for the care of an elder either voluntarily, by contract, by receipt of payment for care, or as a result of the operation of law; and (B) shall include a family member or other individual who provides (on behalf of such individual or of a public or private agency, organization, or institution) compensated or uncompensated care to an elder who needs supportive services in any setting; (4) the term ``elder abuse'' includes neglect and exploitation; (5) the term ``fiduciary''-- (A) means an individual or entity with the legal responsibility-- (i) to make decisions on behalf of and for the benefit of another individual; and (ii) to act in good faith and with fairness; and (B) shall include-- (i) a trustee; (ii) a guardian; (iii) a conservator; (iv) an executor; (v) an agent under a financial power of attorney or health care power of attorney; or (vi) a representative payee; and (6) the term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Mariana Islands. TITLE I--FEDERAL PROSECUTION OF ABUSE AND EXPLOITATION DIRECTED AT ELDERS SEC. 101. ENHANCED PENALTY FOR TELEMARKETING AND EMAIL-MARKETING FRAUD DIRECTED AT ELDERS. (a) In General.--Chapter 113A of title 18, United States Code, is amended-- (1) in the chapter heading by inserting ``AND EMAIL MARKETING'' after ``TELEMARKETING''; (2) by striking section 2325 and inserting the following: ``SEC. 2325. DEFINITION. ``In this chapter, the term `telemarketing or email marketing'-- ``(1) means a plan, program, promotion, or campaign that is conducted to induce-- ``(A) purchases of goods or services; ``(B) participation in a contest or sweepstakes; ``(C) a charitable contribution, donation, or gift of money or any other thing of value; ``(D) investment for financial profit; ``(E) participation in a business opportunity; ``(F) commitment to a loan; or ``(G) participation in a fraudulent medical study, research study, or pilot study, by use of 1 or more interstate telephone calls, emails, text messages, or electronic instant messages initiated either by a person who is conducting the plan, program, promotion, or campaign or by a prospective purchaser or contest or sweepstakes participant or charitable contributor, donor, or investor; and ``(2) does not include the solicitation of sales through the posting, publication, or mailing of a catalog that-- ``(A) contains a written description or illustration of the goods or services offered for sale; ``(B) includes the business address of the seller; ``(C) includes multiple pages of written material or illustration; and ``(D) has been issued not less frequently than once a year, if the person making the solicitation does not solicit customers by telephone, email, text message, or electronic instant message, but only receives interstate telephone calls, emails, text messages, or electronic instant messages initiated by customers in response to the catalog and in response to those interstate telephone calls, emails, text messages, or electronic instant messages does not conduct further solicitation;''; and (3) in section 2326, in the matter preceding paragraph (1)-- (A) by striking ``or 1344'' and inserting ``1344, or 1347 or section 1128B of the Social Security Act (42 U.S.C. 1320a-7b)''; and (B) by inserting ``or email marketing'' after ``telemarketing''. (b) Technical and Conforming Amendment.--The table of chapters at the beginning of part I of title 18, United States Code, is amended by striking the item relating to chapter 113A and inserting the following: ``113A. Telemarketing and email marketing fraud............. 2325''. SEC. 102. DATA COLLECTION. The Attorney General, in consultation with the Secretary of Health and Human Services, shall, on an annual basis-- (1) collect from Federal, State, and local law enforcement agencies and prosecutor offices statistical data relating to the incidence of elder abuse, including data relating to-- (A) the number of elder abuse cases referred to law enforcement agencies, adult protective services, or any other State entity tasked with addressing elder abuse; (B) the number and types of cases filed in Federal, State, and local courts; and (C) the outcomes of the cases described in subparagraphs (A) and (B) and the reasons for such outcomes; (2) identify common data points among Federal, State, and local law enforcement agencies and prosecutor offices that would allow for the collection of uniform national data; (3) publish a summary of the data collected under paragraphs (1) and (2); (4) identify-- (A) the types of data relevant to elder abuse that should be collected; and (B) what entity is most capable of collecting the data described in subparagraph (A); and (5) develop recommendations for collecting additional data relating to elder abuse. TITLE II--COORDINATION OF CIVIL PROTECTIONS AND CRIMINAL PROSECUTION AS IT RELATES TO ELDER JUSTICE SEC. 201. MODEL STATES LAWS AND PRACTICES. The Attorney General, in consultation with the Secretary of Health and Human Services and the Elder Justice Coordinating Council (established under section 2021 of the Social Security Act (42 U.S.C. 1397k)), shall-- (1) create, compile, evaluate, and disseminate materials and information, and provide the necessary training and technical assistance, to assist States and units of local government in-- (A) investigating, prosecuting, pursuing, preventing, understanding, and mitigating the impact of-- (i) physical, sexual, and psychological abuse of elders; (ii) exploitation of elders, including financial abuse and scams targeting elders; and (iii) neglect of elders; and (B) assessing, addressing, and mitigating the physical and psychological trauma to victims of elder abuse; (2) collect data and perform an evidence-based evaluation to-- (A) assure the efficacy of measures and methods intended to prevent, detect, respond to, or redress elder abuse; and (B) evaluate the number of victims of elder abuse in each State and the extent to which the needs of the victims are served by crime victim services, programs, and sources of funding; (3) publish a report, on an annual basis, that describes the results of the evaluations conducted under paragraphs (1) and (2), and submit the report to each Federal agency, each State, and the Committee on the Judiciary and the Special Committee on Aging of the Senate and the Committee on the Judiciary of the House of Representatives; (4) evaluate training models to determine best practices, create replication guides, create training materials, if necessary, for law enforcement officers, prosecutors, judges, emergency responders, individuals working in victim services, adult protective services, social services, and public safety, medical personnel, mental health personnel, financial services personnel, and any other individuals whose work may bring them in contact with elder abuse regarding how to-- (A) conduct investigations in elder abuse cases; (B) address evidentiary issues and other legal issues; and (C) appropriately assess, respond to, and interact with victims and witnesses in elder abuse cases, including in administrative, civil, and criminal judicial proceedings; (5) conduct, and update on a regular basis, a study of laws and practices relating to elder abuse, neglect, and exploitation, including-- (A) a comprehensive description of State laws and practices; (B) an analysis of the effectiveness of State laws and practices, including-- (i) whether the State laws are enforced; and (ii) if enforced-- (I) how the State laws are enforced; and (II) how enforcement of the State laws has effected elder abuse within the State; (C) a review of State definitions of the terms ``abuse'', ``neglect'', and ``exploitation'' in the context of elder abuse cases; (D) a review of State laws that mandate reporting of elder abuse, including adult protective services laws, laws that require the reporting of nursing home deaths or suspicious deaths of elders to coroners or medical examiners, and other pertinent reporting laws, that analyzes-- (i) the impact and efficacy of the State laws; (ii) whether the State laws are enforced; (iii) the levels of compliance with the State laws; and (iv) the response to, and actions taken as a result of, reports made under the State laws; (E) a review of State evidentiary, procedural, sentencing, choice of remedies, and data retention issues relating to elder abuse, neglect, and exploitation; (F) a review of State fiduciary laws, including law relating to guardianship, conservatorship, and power of attorney; (G) a review of State laws that permit or encourage employees of depository institutions (as defined in section 3(c)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(1)) and State credit unions (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752)) to prevent and report suspected elder abuse, neglect, and exploitation; (H) a review of State laws used in civil court proceedings to prevent and address elder abuse; (I) a review of State laws relating to fraud and related activities in connection with mail, telemarketing, the Internet, or health care; (J) a review of State laws that create programs, offices, entities, or other programs that address or respond to elder abuse; and (K) an analysis of any other State laws relating to elder abuse; and (6) carry out such other duties as the Attorney General determines necessary in connection with enhancing the understanding, prevention, detection, and response to elder abuse. SEC. 202. CIVIL PROTECTION AND CRIMINAL PROSECUTION. (a) Establishment.-- (1) In general.--The Attorney General, in cooperation with the Secretary of Health and Human Services and the Legal Services Corporation, shall establish a demonstration program to provide grants on an annual basis to not more than 6 civil legal services entities that could prevent or provide remedies for abuse, neglect, and exploitation and collaborate with other organizations seeking to prevent, detect, and respond to elder abuse. (2) Eligibility.--Grants awarded under paragraph (1) shall be provided to entities that demonstrate a commitment to representation of elder abuse victims or potential victims and participating in multidisciplinary and interagency efforts to combat elder abuse. (b) Requirements.--To receive a grant under this section an entity shall-- (1) be an experienced nonprofit legal services provider; and (2) propose or demonstrate-- (A) collaboration with State or local aging, social, and human services and law enforcement agencies; (B) partnership with professionals with knowledge and experience relating to the criminal justice system; and (C) methodology for timely evidenced-based evaluation. (c) Report.--Not later than 6 months after the completion of the demonstration program under this section, the Secretary shall submit to Congress a report on such program, that includes the results of the program and recommendations for such legislation and administrative action as the Attorney and Secretary determines to be appropriate. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as are necessary for fiscal years 2013 through 2017 to carry out this section. TITLE III--INTERSTATE INITIATIVES SEC. 301. INTERSTATE AGREEMENTS AND COMPACTS. The consent of Congress is given to any 2 or more States (acting through State agencies with jurisdiction over adult protective services) to enter into agreements or compacts for cooperative effort and mutual assistance-- (1) in promoting the safety and well-being of elders; and (2) in enforcing their respective laws and policies to promote such safety and well-being. SEC. 302. RECOMMENDATIONS ON INTERSTATE COMMUNICATION. The Executive Director of the State Justice Institute, in consultation with State or local aging, social, and human services and law enforcement agencies and nationally recognized nonprofit associations with expertise in data sharing among criminal justice agencies and familiarity with the issues raised in elder exploitation cases, shall submit to Congress legislative proposals relating to the facilitation of interstate agreements and compacts. TITLE IV--GAO REPORT SEC. 401. GAO REPORT TO ASSESS COST OF ELDER ABUSE ON FEDERAL PROGRAMS. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Secretary of Health and Human Services, the Department of Health and Human Services Office of the Inspector General, the Attorney General, and the Chairman of the Federal Trade Commission, shall publish a report reviewing any findings on the financial cost to the Federal Government from the abuse and exploitation of elders.

Robert Matava Exploitation Protection for Elder Adults Act of 2012 - Amends the federal criminal code to: (1) expand the prohibition against telemarketing fraud to cover e-mail marketing fraud; (2) include within the definition of "telemarketing or e-mail marketing" any plan to induce investment for financial profit, participation in a business opportunity, commitment to a loan, or participation in a fraudulent medical study, research study, or pilot study; and (3) apply enhanced penalties to telemarketing or e-mail marketing in connection with health care fraud offenses. Directs the Attorney General to annually: (1) collect from law enforcement agencies and prosecutor offices statistical data relating to the incidence of elder abuse, (2) identify common data points that would permit the collection of uniform national data, (3) publish a summary of the data collected, (4) identify the types of data that should be collected and what entity is most capable of collecting it, and (5) develop recommendations for collecting additional data. Requires the Attorney General to: (1) provide information, training, and technical assistance to assist states and local governments in investigating, prosecuting, preventing, and mitigating the impact of elder abuse, exploitation, and neglect; (2) carry out other specified duties in connection with enhancing the understanding, prevention, detection, and response to elder abuse; and (3) in cooperation with the Secretary of Health and Human Services (HHS) and the Legal Services Corporation, to establish a demonstration program to provide grants annually to not more than six civil legal services entities that could prevent or provide remedies for abuse, neglect, and exploitation, and collaborate with other organizations seeking to prevent, detect, and respond to elder abuse. Grants congressional consent to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in: (1) promoting the safety and well-being of elders, and (2) enforcing their respective laws and policies to promote such safety and well-being. Directs the Executive Director of the State Justice Institute to submit legislative proposals relating to the facilitation of interstate agreements and compacts. Requires the Comptroller General to publish a report reviewing any findings on the financial cost to the federal government from the abuse and exploitation of elders.

A bill to protect elder adults from exploitation and financial crime, to prevent elder adult abuse and financial exploitation, and to promote safety for elder adults.

SECTION 1. TEACHING CHILDREN TO SAVE LIVES. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended-- (1) by redesignating part L as part M; and (2) by inserting after part K the following: ``PART L--TEACHING CHILDREN TO SAVE LIVES ``SEC. 10995A. SHORT TITLE. ``This part may be cited as the `Teaching Children To Save Lives Act'. ``SEC. 10995B. FINDINGS. ``The Congress finds the following: ``(1) Teaching school children to perform the life-saving skill of cardiopulmonary resuscitation (CPR), to identify and respond to choking victims, and to recognize the signs of stroke can improve their confidence in responding to an emergency and can encourage continued efforts to update these skills after graduation, thereby potentially reducing the rate of death from sudden cardiac arrest, choking and stroke. ``(2) Heart disease is the leading cause of death in the United States. ``(3) 220,000 Americans die each year of sudden cardiac arrest. ``(4) The American Heart Association estimates that the lives of 50,000 cardiac arrest victims could be saved each year through initiating a course of action known as the `chain of survival'. ``(5) The chain of survival includes prompt notification of emergency services and early CPR, defibrillation, and advanced cardiac life support. ``(6) An important part of United States school children's education is learning healthy behaviors, including proper nutrition and physical activity. This health education should also include basic emergency life-saving skills. ``(7) Incorporating these lifesaving training programs into the health curriculum of elementary and secondary schools will give school children these skills. ``SEC. 10995C. GRANTS FOR CPR TRAINING IN PUBLIC SCHOOLS. ``(a) In General.--The Secretary is authorized to award grants to State agencies to enable the State agencies to award grants to local agencies and targeted schools or school districts for cardiopulmonary resuscitation (CPR) training in targeted localities. Such training shall utilize nationally recognized training courses. Such grants in conjunction with local efforts shall ensure that training sites have the ability to start up, including funds for instructor training, training in CPR instruction, purchase of printed informational or instructional materials, manikins, automated external defibrillator (AED) training devices, and other equipment. ``(b) Community Partnerships.--A State agency shall award grants under this section in a manner that encourages and fosters new and existing community partnerships with and among public and private organizations (such as local educational agencies, nonprofit organizations, public health organizations like the American Heart Association and the American Red Cross, emergency medical service providers, fire and police departments, and parent-teacher associations) to aid in providing CPR training in targeted schools. ``(c) Award Basis.--In awarding grants under this section a State agency shall take into consideration-- ``(1) the need for and existence of CPR training programs in targeted schools or communities served by targeted schools; ``(2) geographic barriers to coordinating CPR training programs; and ``(3) options to maximize the use of funds provided under this section. ``(d) AED Training Devices.--To be eligible to receive a grant under this section for the purchase of an AED training device, a local agency or targeted school shall demonstrate that such agency or school is currently implementing a CPR training program. ``(e) Definitions.--In this section: ``(1) AED.--The term `AED' means automated external defibrillator. ``(2) CPR.--The term `CPR' means cardiopulmonary resuscitation. ``(3) Instructor.--The term `instructor' means a nurse, principal, school counselor, teacher, or other qualified individual who is certified by a nationally recognized program to train individuals in CPR. ``(4) Targeted school.--The term `targeted school' means a public elementary school or secondary school that includes students in any of grades 6 through 12. ``(f) Regulations.--The Secretary may make rules to carry out this Act. ``SEC. 10995D. REPORT. ``The Secretary shall prepare and submit to Congress a report regarding the activities assisted under this Act. ``SEC. 10995E. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part, $30,000,000 for each of the fiscal years 2002, 2003, and 2004.''.

Teaching Children to Save Lives Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants to State agencies to award grants to local agencies and targeted schools or school districts for cardiopulmonary resuscitation (CPR) training in targeted localities. Requires such training to use nationally recognized training courses, and to be in public schools which include students in any of grades six through 12.Requires such grants to be used to: (1) ensure, in conjunction with local efforts, that training sites have the ability to start up; and (2) foster community partnerships among public and private organizations to help provide such training.

To provide grants for cardiopulmonary resuscitation (CPR) training in public schools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing American Families Effectively (SAFE) Act''. TITLE I--IMMIGRATION SEC. 101. VISAS. (a) Student.--No citizens from a country which is one the State Department's list of governments which have sponsored terrorism or on the State Department's list of governments which have been less than fully cooperative in anti-terrorism efforts shall be granted a visa permitting study in the United States. (b) Diversity Immigrant Program.--No citizen from a country on the State Department's list of governments which have sponsored terrorism or on the State Department's list of governments which have been less than fully cooperative in anti-terrorism efforts may be issued an immigrant visa under section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)) (governing the diversity immigrant program). TITLE II--DATA SHARING; INTELLIGENCE GATHERING SEC. 201. REQUIRING SHARING BY THE FEDERAL BUREAU OF INVESTIGATION OF CERTAIN CRIMINAL RECORD EXTRACTS WITH OTHER FEDERAL AGENCIES IN ORDER TO ENHANCE BORDER SECURITY. (a) In General.--Section 105 of the Immigration and Nationality Act (8 U.S.C. 1105), is amended-- (1) in the section heading, by adding ``and data exchange'' at the end; (2) by inserting ``(a) Liaison With Internal Security Officers.--'' after ``105.''; (3) by striking ``the internal security of'' and inserting ``the internal and border security of''; and (4) by adding at the end the following: ``(b) Criminal History Record Information.--The Attorney General and the Director of the Federal Bureau of Investigation shall provide the Secretary of State and the Commissioner access to the criminal history record information contained in the National Crime Information Center's Interstate Identification Index, Wanted Persons File, and to any other files maintained by the National Crime Information Center that may be mutually agreed upon by the Attorney General and the official to be provided access, for the purpose of determining whether a visa applicant or applicant for admission has a criminal history record indexed in any such file. Such access shall be provided by means of extracts of the records for placement in the Department of State's automated visa lookout database or other appropriate database, and shall be provided without any fee or charge. The Director of the Federal Bureau of Investigation shall provide periodic updates of the extracts at intervals mutually agreed upon by the Attorney General and the official provided access. Upon receipt of such updated extracts, the receiving official shall make corresponding updates to the official's databases and destroy previously provided extracts. Such access to any extract shall not be construed to entitle the Secretary of State to obtain the full content of the corresponding automated criminal history record. To obtain the full content of a criminal history record, the Secretary of State shall submit the applicant's fingerprints and any appropriate fingerprint processing fee authorized by law to the Criminal Justice Information Services Division of the Federal Bureau of Investigation. ``(c) Reconsideration.--The provision of the extracts described in subsection (b) may be reconsidered by the Attorney General and the receiving official upon the development and deployment of a more cost- effective and efficient means of sharing the information. ``(d) Regulations.--For purposes of administering this section, the Secretary of State shall, prior to receiving access to National Crime Information Center data, promulgate final regulations-- ``(1) to implement procedures for the taking of fingerprints; and ``(2) to establish the conditions for the use of the information received from the Federal Bureau of Investigation, in order-- ``(A) to limit the redissemination of such information; ``(B) to ensure that such information is used solely to determine whether to issue a visa to an individual; ``(C) to ensure the security, confidentiality, and destruction of such information; and ``(D) to protect any privacy rights of individuals who are subjects of such information.''. (b) Clerical Amendment.--The table of contents of the Immigration and Nationality Act is amended by amending the item relating to section 105 to read as follows: ``Sec. 105. Liaison with internal security officers and data exchange.''. (c) Effective Date and Implementation.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall be fully implemented not later than 18 months after such date. (d) Reporting Requirement.--Not later than 2 years after the date of the enactment of this Act, the Attorney General and the Secretary of State, jointly, shall report to the Congress on the implementation of the amendments made by this section. (e) Construction.--Nothing in this section, or in any other law, shall be construed to limit the authority of the Attorney General or the Director of the Federal Bureau of Investigation to provide access to the criminal history record information contained in the National Crime Information Center's Interstate Identification Index, or to any other information maintained by such center, to any Federal agency or officer authorized to enforce or administer the immigration laws of the United States, for the purpose of such enforcement or administration, upon terms that are consistent with sections 212 through 216 of the National Crime Prevention and Privacy Compact Act of 1998 (42 U.S.C. 14611 et seq.). SEC. 202. AUTHORIZED DISCLOSURE. Section 2510(7) of title 18, United States Code, is amended by inserting ``, and (for purposes only of section 2517 as it relates to foreign intelligence information) any Federal law enforcement, intelligence, national security, national defense, protective, immigration personnel, or the President or Vice President of the United States'' after ``such offenses''. SEC. 203. PERIOD OF ORDERS OF ELECTRONIC SURVEILLANCE OF NON-UNITED STATES PERSONS UNDER FOREIGN INTELLIGENCE SURVEILLANCE. (a) Including Agents of a Foreign Power.--(1) Section 105(e)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)(1)) is amended by inserting ``or an agent of a foreign power, as defined in section 101(b)(1)(A),'' after ``or (3),''. (2) Section 304(d)(1) of such Act (50 U.S.C. 1824(d)(1)) is amended by inserting ``or an agent of a foreign power, as defined in section 101(b)(1)(A),'' after ``101(a),''. (b) Period of Order.--Such section 304(d)(1) is further amended by striking ``forty-five'' and inserting ``90''. TITLE III--EXPANSION OF FBI LINGUISTIC CAPACITY SEC. 301. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU OF INVESTIGATION. (a) Authority.--The Director of the Federal Bureau of Investigation is authorized to expedite the employment of personnel as translators to support counterterrorism investigations and operations without regard to applicable Federal personnel requirements and limitations. (b) Security Requirements.--The Director of the Federal Bureau of Investigation shall establish such security requirements as are necessary for the personnel employed as translators. (c) Report.--The Attorney General shall report to the Committees on the Judiciary of the House of Representatives and the Senate on-- (1) the number of translators employed by the FBI and other components of the Department of Justice; (2) any legal or practical impediments to using translators employed by other Federal State, or local agencies, on a full, part-time, or shared basis; and (3) the needs of the FBI for specific translation services in certain languages, and recommendations for meeting those needs. TITLE IV--CRIMINAL JUSTICE SEC. 401. STATUTE OF LIMITATION FOR PROSECUTING TERRORISM OFFENSES. (a) In General.--Section 3286 of title 18, United States Code, is amended to read as follows: ``Sec. 3286. Terrorism offenses ``(a) An indictment may be found or an information instituted at any time without limitation for any Federal terrorism offense or any of the following offenses: ``(1) A violation of, or an attempt or conspiracy to violate, section 32 (relating to destruction of aircraft or aircraft facilities), 37(a)(1) (relating to violence at international airports), 175 (relating to biological weapons), 229 (relating to chemical weapons), 351(a)-(d) (relating to congressional, cabinet, and Supreme Court assassination and kidnaping), 792 (relating to harboring terrorists), 831 (relating to nuclear materials), 844(f) or (i) when it relates to bombing (relating to arson and bombing of certain property), 1114(1) (relating to protection of officers and employees of the United States), 1116, if the offense involves murder (relating to murder or manslaughter of foreign officials, official guests, or internationally protected persons), 1203 (relating to hostage taking), 1751(a)-(d) (relating to Presidential and Presidential staff assassination and kidnaping), 2332(a)(1) (relating to certain homicides and other violence against United States nationals occurring outside of the United States), 2332a (relating to use of weapons of mass destruction), 2332b (relating to acts of terrorism transcending national boundaries) of this title. ``(2) Section 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284); ``(3) Section 601 (relating to disclosure of identities of covert agents) of the National Security Act of 1947 (50 U.S.C. 421). ``(4) Section 46502 (relating to aircraft piracy) of title 49. ``(b) An indictment may be found or an information instituted within 15 years after the offense was committed for any of the following offenses: ``(1) Section 175b (relating to biological weapons), 842(m) or (n) (relating to plastic explosives), 930(c) if it involves murder (relating to possessing a dangerous weapon in a Federal facility), 956 (relating to conspiracy to injure property of a foreign government), 1030(a)(1), 1030(a)(5)(A), or 1030(a)(7) (relating to protection of computers), 1362 (relating to destruction of communication lines, stations, or systems), 1366 (relating to destruction of an energy facility), 1992 (relating to trainwrecking), 2152 (relating to injury of fortifications, harbor defenses, or defensive sea areas), 2155 (relating to destruction of national defense materials, premises, or utilities), 2156 (relating to production of defective national defense materials, premises, or utilities), 2280 (relating to violence against maritime navigation), 2281 (relating to violence against maritime fixed platforms), 2339A (relating to providing material support to terrorists), 2339B (relating to providing material support to terrorist organizations), or 2340A (relating to torture). ``(2) Any of the following provisions of title 49: the second sentence of section 46504 (relating to assault on a flight crew with a dangerous weapon), section 46505(b)(3), (relating to explosive or incendiary devices, or endangerment of human life by means of weapons, on aircraft), section 46506 if homicide or attempted homicide is involved, or section 60123(b) (relating to destruction of interstate gas or hazardous liquid pipeline facility) of title 49.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by amending the item relating to section 3286 to read as follows: ``3286. Terrorism offenses.''. (c) Application.--The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of enactment of this section. SEC. 402. ALTERNATIVE MAXIMUM PENALTIES FOR TERRORISM CRIMES. Section 3559 of title 18, United States Code, is amended by adding after subsection (d) the following: ``(e) Authorized Terms of Imprisonment for Terrorism Crimes.--A person convicted of any Federal terrorism offense may be sentenced to imprisonment for any term of years or for life, notwithstanding any maximum term of imprisonment specified in the law describing the offense. The authorization of imprisonment under this subsection is supplementary to, and does not limit, the availability of any other penalty authorized by the law describing the offense, including the death penalty, and does not limit the applicability of any mandatory minimum term of imprisonment, including any mandatory life term, provided by the law describing the offense.''. SEC. 403. PENALTIES FOR TERRORIST CONSPIRACIES. Chapter 113B of title 18, United States Code, is amended-- (1) by inserting after section 2332b the following: ``Sec. 2332c. Attempts and conspiracies ``(a) Except as provided in subsection (c), any person who attempts or conspires to commit any Federal terrorism offense shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy. ``(b) Except as provided in subsection (c), any person who attempts or conspires to commit any offense described in section 25(2) shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy. ``(c) A death penalty may not be imposed by operation of this section.''; and (2) in the table of sections at the beginning of the chapter, by inserting after the item relating to section 2332b the following new item: ``2332c. Attempts and conspiracies.''. TITLE V--PROBABLE CAUSE SEC. 501. PROBABLE CAUSE. Notwithstanding any other provision of law or regulation probable cause shall be the maximum standard for authorizing an investigation, or issuing a search warrant, related to investigations of suspected terrorists.

Securing American Families Effectively (SAFE) Act - Prohibits the granting of a visa permitting study in the United States, or the issuance of an immigration visa under the diversity immigrant program, to citizens from a country which is on the State Department's list of governments which have sponsored terrorism or which have been less than fully cooperative in anti-terrorism efforts.Amends the Immigration and Nationality Act to require the Attorney General and the Director of the Federal Bureau of Investigation (FBI) to provide the Secretary of State and the Commissioner of the Immigration and Naturalization Service access to criminal history record information.Increases: (1) the scope of persons authorized to disclose and use intercepted communications relating to foreign intelligence information; and (2) the period of electronic surveillance orders for non-U.S. persons under the Foreign Intelligence Surveillance Act of 1978.Authorizes: (1) the FBI Director to expedite the employment of translators; (2) an indictment at any time without limitation for any Federal terrorism offense; and (3) alternative maximum penalties for terrorism crimes.Provides that any person who attempts or conspires to commit any Federal terrorism offense shall be subject to the same penalties as prescribed for the terrorism offense, with exceptions.Makes probable cause the maximum standard for authorizing an investigation, or issuing a search warrant related to an investigation, of suspected terrorists.

To secure American families effectively.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Residential Energy Savings Act of 2013''. SEC. 2. STATE RESIDENTIAL BUILDING ENERGY EFFICIENCY UPGRADES LOAN PILOT PROGRAM. (a) Loans for Residential Building Energy Efficiency Upgrades.-- Part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) is amended by adding at the end the following: ``SEC. 367. LOANS FOR RESIDENTIAL BUILDING ENERGY EFFICIENCY UPGRADES. ``(a) Definitions.--In this section: ``(1) Consumer-friendly loan repayment approach.--The term `consumer-friendly loan repayment approach' means a loan repayment method that-- ``(A) emphasizes convenience for customers; ``(B) is of low cost to consumers; and ``(C) may tie loan repayment to an existing bill of the consumer. ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a State or territory of the United States; and ``(B) an Indian tribal government. ``(3) Energy advisor program.-- ``(A) In general.--The term `energy advisor program' means any program to provide to homeowners or residents advice, information, and support in the identification, prioritization, and implementation of energy efficiency and energy savings measures. ``(B) Inclusions.--The term `energy advisor program' includes a program that provides-- ``(i) interpretation of energy audit reports; ``(ii) assistance in the prioritization of improvements; ``(iii) assistance in finding qualified contractors; ``(iv) assistance in contractor bid reviews; ``(v) education on energy conservation, renewable energy, and energy efficiency; ``(vi) explanations of available incentives and tax credits; ``(vii) assistance in completion of rebate and incentive paperwork; and ``(viii) any other similar type of support. ``(4) Energy efficiency.--The term `energy efficiency' means a reduction in energy use, including thermal energy for heating. ``(5) Energy efficiency upgrade.-- ``(A) In general.--The term `energy efficiency upgrade' means any project or activity carried out on a residential building to increase energy efficiency. ``(B) Inclusions.--The term `energy efficiency upgrade' includes the installation or improvement of renewable energy for heating or electricity generation serving a residential building carried out in conjunction with an energy efficiency project or activity. ``(6) Residential building.-- ``(A) In general.--The term `residential building' means a building used for residential purposes. ``(B) Inclusions.--The term `residential building' includes-- ``(i) a single-family residence; ``(ii) a multifamily residence composed not more than 4 units; and ``(iii) a mixed-use building that includes not more than 4 residential units. ``(b) Establishment of Program.-- ``(1) In general.--The Secretary shall establish a program under this part under which the Secretary shall make available to eligible entities loans for the purpose of establishing or expanding programs that provide to residential property owners or tenants financing for energy efficiency upgrades of residential buildings. ``(2) No requirement to participate.--No eligible entity shall be required to participate in any manner in the program established under paragraph (1). ``(c) Applications.-- ``(1) In general.--To be eligible to receive a loan under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(2) Selection.--In selecting eligible entities to receive loans under this section, the Secretary shall-- ``(A) to the maximum extent practicable, ensure-- ``(i) that both innovative and established approaches to the challenges of financing energy efficiency upgrades are supported; ``(ii) regional diversity among recipients, including participation by rural States and small States; and ``(iii) significant participation by low- and medium-income families; ``(B) evaluate applications based primarily on-- ``(i) the projected reduction in energy use; ``(ii) the extent to which Federal funds are used to leverage additional funding from State, local, philanthropic, private sector, and other sources; ``(iii) the creditworthiness of the eligible entity; and ``(iv) the incorporation of measures, such as on-bill repayment, for making the loan repayment system for recipients of financing as consumer-friendly as practicable; and ``(C) evaluate applications based secondarily on-- ``(i) the extent to which the proposed financing program of the eligible entity incorporates best practices for such a program, as determined by the Secretary; ``(ii) whether the eligible entity has created a plan for evaluating the effectiveness of the proposed financing program; ``(iii) the extent to which the proposed financing program incorporates energy advisor programs and support programs designed to increase the effectiveness of the program; ``(iv) the projected quantity of renewable energy to be generated, to the extent that renewable energy generation will be included; ``(v) the extent to which the proposed financing program will be coordinated and marketed with other existing or planned energy efficiency programs administered by-- ``(I) utilities; ``(II) State, tribal, territorial, or local governments; or ``(III) community development financial institutions; and ``(vi) such other factors as the Secretary determines to be appropriate. ``(d) Term; Interest.-- ``(1) In general.--The Secretary shall establish terms and interest rates for loans provided to eligible entities under this section in a manner that-- ``(A) provides for a high degree of cost recovery; and ``(B) ensures that the loans are competitive with, or superior to, other forms of financing for similar purposes. ``(2) Performance incentive.--The Secretary shall establish a performance incentive providing a repayment discount for eligible entities in an amount equal to not more than the value of the interest accrued on the loan provided to the applicable eligible entity under this section, based on performance as evaluated in accordance with the factors described in subparagraphs (B) and (C) of subsection (c)(2). ``(e) Use of Funds.-- ``(1) In general.--An eligible entity shall use a loan provided under this section to establish or expand a financing program-- ``(A) the purpose of which is to enable residential building owners or tenants to conduct energy efficiency upgrades of residential buildings; ``(B) that may not require any initial capital, excluding fees; and ``(C) that incorporates a consumer-friendly loan repayment approach. ``(2) Structure of financing program.--The financing program of an eligible entity may-- ``(A) consist-- ``(i) primarily or entirely of a financing program administered by-- ``(I) the applicable State; or ``(II) a local government, utility, or other entity; or ``(ii) of a combination of programs described in clause (i); and ``(B) rely on financing provided by-- ``(i) the eligible entity; or ``(ii) a third party, acting through the eligible entity. ``(3) Form of assistance.--Assistance provided by an eligible entity under this subsection may be in the form of-- ``(A) a revolving loan fund; ``(B) a credit enhancement structure designed to mitigate the effects of default; or ``(C) a program that-- ``(i) adopts any other approach for providing financing for energy efficiency upgrades producing significant energy efficiency gains; ``(ii) produces a high-leverage ratio of non-Federal funds; and ``(iii) incorporates measures for making the loan repayment system for recipients of financing as consumer-friendly as practicable. ``(4) Scope of assistance.--Assistance provided by an eligible entity under this subsection may be used to pay for costs associated with carrying out an energy efficiency upgrade, including materials and labor. ``(f) Repayment.--An eligible entity shall repay to the Secretary the amount of a loan provided under this section, together with-- ``(1) interest accrued on that amount; and ``(2) such fees as the Secretary determines to be necessary to recover any portion of the costs of the program under this section. ``(g) Reports.-- ``(1) Eligible entities.-- ``(A) In general.--Not later than 2 years after the date of receipt of the loan, and annually thereafter for the term of the loan, an eligible entity that receives a loan under this section shall submit to the Secretary a report describing the performance of each program and activity carried out using the loan, including anonymized loan performance data. ``(B) Requirements.--The Secretary, in consultation with eligible entities and other stakeholders (such as lending institutions and the real estate industry), shall establish such requirements for the reports under this paragraph as the Secretary determines to be appropriate-- ``(i) to ensure that the reports are clear, consistent, and straightforward; and ``(ii) taking into account the reporting requirements for similar programs in which the eligible entities are participating, if any. ``(2) Secretary.--The Secretary shall submit to Congress and make available to the public-- ``(A) not less frequently than once each year, a report describing the performance of the program under this section, including a synthesis and analysis of the information provided in the reports submitted to the Secretary under paragraph (1)(A); and ``(B) on termination of the program under this section, an assessment of the success of, and education provided by, the measures carried out by eligible entities during the term of the program. ``(h) Maximum Amount.--The Secretary may provide to eligible entities a total of not more than $2,000,000,000 in loans under this section for the costs of activities described in subsection (e).''. (b) Reorganization.-- (1) In general.--Part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) is amended-- (A) by redesignating sections 362, 363, 364, 365, and 366 as sections 364, 365, 366, 363, and 362, respectively, and moving the sections so as to appear in numerical order; (B) in section 362 (as so redesignated)-- (i) in paragraph (3)(B)(i), by striking ``section 367, and'' and inserting ``section 367 (as in effect on the day before the date of enactment of the State Energy Efficiency Programs Improvement Act of 1990 (42 U.S.C. 6201 note; Public Law 101-440)); and''; and (ii) in each of paragraphs (4) and (6), by striking ``section 365(e)(1)'' each place it appears and inserting ``section 363(e)(1)''; (C) in section 363 (as so redesignated)-- (i) in subsection (b), by striking ``the provisions of sections 362 and 364 and subsection (a) of section 363'' and inserting ``sections 364, 365(a), and 366''; and (ii) in subsection (g)(1)(A), in the second sentence, by striking ``section 362'' and inserting ``section 364''; and (D) in section 365 (as so redesignated)-- (i) in subsection (a)-- (I) in paragraph (1), by striking ``section 362,'' and inserting ``section 364;''; and (II) in paragraph (2), by striking ``section 362(b) or (e)'' and inserting ``subsection (b) or (e) of section 364''; and (ii) in subsection (b)(2), in the matter preceding subparagraph (A), by striking ``section 362(b) or (e)'' and inserting ``subsection (b) or (e) of section 364''. (2) Conforming amendments.--Section 391 of the Energy Policy and Conservation Act (42 U.S.C. 6371) is amended-- (A) in paragraph (2)(M), by striking ``section 365(e)(2)'' and inserting ``section 363(e)(2)''; and (B) in paragraph (10), by striking ``section 362 of this Act'' and inserting ``section 364''. (3) Clerical amendment.--The table of contents of the Energy Policy and Conservation Act (42 U.S.C. 6201 note; Public Law 94-163) is amended by striking the items relating to part D of title III and inserting the following: ``Part D--State Energy Conservation Programs ``Sec. 361. Findings and purpose. ``Sec. 362. Definitions. ``Sec. 363. General provisions. ``Sec. 364. State energy conservation plans. ``Sec. 365. Federal assistance to States. ``Sec. 366. State energy efficiency goals. ``Sec. 367. Loans for residential building energy efficiency upgrades.''. SEC. 3. FUNDING. (a) 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. (b) Advance Appropriations Required.--An authorization of appropriations under this Act or an amendment made by this Act shall be effective for a fiscal year only to the extent and in the amounts provided in advance in appropriations Acts.

Residential Energy Savings Act of 2013 - Amends the Energy Policy and Conservation Act to require the Secretary of Energy (DOE) to establish a voluntary loan program to provide support to states, U.S. territories, and Indian tribal governments (eligible entities) in establishing or expanding programs that provide to residential property owners or tenants financing for energy efficiency upgrades of residential buildings. Authorizes assistance provided by eligible entities to be in the form of a: (1) revolving loan fund; (2) credit enhancement structure designed to mitigate the effects of default; or (3) program that adopts other approaches for providing financing for upgrades producing significant energy efficiency gains, produces a high-leverage ratio of non-federal funds, and incorporates measures for making the loan repayment system for recipients of financing consumer-friendly. Requires the Secretary to establish a performance incentive providing a repayment discount in an amount equal to no more than the value of the interest accrued on the loan provided, based on performance as evaluated in accordance with specified factors. Makes an authorization of appropriations under this Act effective for a fiscal year only to the extent and in the amounts provided in advance in appropriations Acts.

Residential Energy Savings Act of 2013